94-20534. Tolls for Use of Canal and Rules for Measurement of Vessels; Final Rule THE PRESIDENT  

  • [Federal Register Volume 59, Number 161 (Monday, August 22, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-20534]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 22, 1994]
    
    
    _______________________________________________________________________
    
    Part V
    
    The President
    
    Panama Canal Commission
    _______________________________________________________________________
    
    
    
    35 CFR Parts 133 and 135
    
    
    
    
    Tolls for Use of Canal and Rules for Measurement of Vessels; Final Rule
    THE PRESIDENT
    
    PANAMA CANAL COMMISSION
    
    35 CFR Parts 133 and 135
    
    RIN 3207-AA23
    
     
    Tolls for Use of Canal and Rules for Measurement of Vessels
    
    AGENCY: Panama Canal Commission.
    
    ACTION: Final rule.
    
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    SUMMARY: This rule executes a major revision of the rules for 
    measurement of vessels using the Panama Canal effective October 1, 
    1994. The existing rules of measurement are replaced with a simplified, 
    objective approach which brings the Commission's system in line with an 
    international practice which entered into full application worldwide on 
    July 18, 1994. The revised measurement rules apply a mathematical 
    formula to the vessel's total volume to produce the basis for assessing 
    tolls. The tonnage values computed under the proposed system are 
    comparable to those calculated under the Commission's existing rules 
    and, in the aggregate, are equal to existing tonnages. Accordingly, no 
    changes are made to the rates of toll for use of the Canal; however, 
    certain administrative changes to the regulations dealing with Canal 
    tolls are necessary to ensure their consistency with the revised rules 
    of measurement.
    
    EFFECTIVE DATE: October 1, 1994.
    
    FOR FURTHER INFORMATION CONTACT: Michael Rhode, Jr., Secretary, Panama 
    Canal Commission, 1825 I Street NW, Suite 1050, Washington, DC 20006-
    5402, (Telephone: (202) 634-6441) (Facsimile: (202) 634-6439).
    
    SUPPLEMENTARY INFORMATION: Pursuant to the procedures set forth in 
    section 1604 of the Panama Canal Act of 1979, as amended, 22 U.S.C. 
    3794, and in the regulations at 35 CFR part 70, on April 18, 1994, an 
    advance notice of proposed rulemaking was published in the Federal 
    Register (59 FR 18332) recommending a complete revision to the Rules 
    for Measurement of Vessels for the Panama Canal contained in 35 CFR 
    part 135. The change is designed to simplify the Commission's 
    measurement procedures and bring measurement rules at the Canal in line 
    with the worldwide standard of tonnage measurement as contained in the 
    1969 International Convention on Tonnage Measurement of Ships. At that 
    time, a written analysis showing the basis and justification for the 
    proposed revision was made available to interested parties.
        The revised 35 CFR part 135 provides for:
        a. Establishment of measurement rules for the Panama Canal 
    Commission which are based on Annex 1 of the Convention;
        b. Transitional relief measures for certain vessels, provided they 
    do not have a structural change which results in an alteration of 10 
    percent or more in their total volume;
        c. Continued use of foreign tonnage authorities, and for acceptance 
    of reasonably accurate volumes provided by them;
        d. Correction of tonnage values as necessary to satisfy the 
    Commission's desire for accuracy; and
        e. Calculation of volumes for vessels without an International 
    Tonnage Certificate 1969 (ITC 69) through an alternative tonnage 
    estimating formula.
        In addition to the changes to 35 CFR part 135, certain 
    administrative changes to 35 CFR part 133 (Tolls for Use of Canal) are 
    required. These changes will reconcile the language of part 133 with 
    the revised part 135 by allowing for the use of the ITC 69 to obtain 
    the required total volume information.
        Written comments were solicited and received from interested 
    parties, and a public hearing was held May 25, 1994 in Washington, DC. 
    The views presented by the interested parties were considered by the 
    Board of Directors of the Panama Canal Commission at its quarterly 
    meeting of July 1994. On July 13, the Board agreed to recommend to the 
    President the revisions to the existing measurement system and the 
    implementation of the Panama Canal Universal Measurement System (PC/
    UMS). The proposed rule and recommendation to the President was 
    published in the Federal Register (59 FR 36398) on July 18, 1994. A 
    complete record of the proceedings since the initiation of the 
    proposal, including the views of the interested parties, was included 
    in the Canal Commission's final recommendation forwarded to the 
    President.
    
    List of Subjects in 35 CFR Parts 133 and 135
    
        Measurement, Navigation, Panama Canal, Vessels.
    
        Accordingly, 35 CFR parts 133 and 135 are amended as follows:
    
    PART 133--TOLLS FOR USE OF CANAL
    
        1. The authority citation for part 133 is revised to read as 
    follows:
    
        Authority: 22 U.S.C. 3791; E.O. 12215, 45 FR 36043, 3 CFR, 1981 
    Comp., p. 257.
    
        2. Section 133.1 is amended by revising the introductory text and 
    paragraphs (a) and (b) to read as follows:
    
    
    Sec. 133.1  Rates of toll.
    
        The following rates of toll shall be paid by vessels using the 
    Panama Canal:
        (a) On merchant vessels, yachts, army and navy transports, 
    colliers, hospital ships, and supply ships, when carrying passengers or 
    cargo, $2.21 per PC/UMS Net Ton--that is, the Net Tonnage determined in 
    accordance with part 135 of this chapter.
        (b) On vessels in ballast without passengers or cargo, $1.76 per 
    PC/UMS Net Ton.
    * * * * *
        3. Section 133.31 is revised to read as follows:
    
    
    Sec. 133.31  Measurement of vessels; vessels to secure tonnage 
    certificate.
    
        The rules for the measurement of vessels are fixed by part 135 of 
    this chapter. Vessels desiring to transit the Canal shall provide 
    themselves with a tonnage certificate in accordance with Sec. 133.32.
    
        4. Section 133.32 is revised to read as follows:
    
    
    Sec. 133.32  Measurement of vessels; making and correction of 
    measurements; plans and copies.
    
        Measurements may be made by the admeasurers of the Canal or certain 
    other officials worldwide as designated by the Panama Canal Commission. 
    Each transiting vessel should have aboard and available to Canal 
    authorities a full set of plans and a copy of the measurements which 
    were made at the time of issue of its International Tonnage Certificate 
    (1969), as well as the tonnage certificate itself. A copy of the 
    International Tonnage Certificate (1969) shall be provided to Canal 
    authorities. The Commission reserves the right to check and correct the 
    total volume that is to be used in the calculation of the PC/UMS Net 
    Tonnage.
    
    (Approved by the Office of Management and Budget (OMB) under control 
    number 3207-0001)
    
        5. Section 133.33 is revised to read as follows:
    
    
    Sec. 133.33  Measurement of vessels; temporary retention of certificate 
    at Canal.
    
        The official PC/UMS Net Tonnage certificate shall be delivered by 
    the Canal authorities to the vessel or to the owner or agent of the 
    vessel after transit completion. This certificate shall be retained on 
    board the vessel and shall be used to certify that the vessel has been 
    inspected and its PC/UMS Net Tonnage has been determined by the 
    Commission.
        6. Part 135 is revised to read as follows:
    
    PART 135--RULES FOR MEASUREMENT OF VESSELS
    
    Subpart A--General Provisions
    
    Sec.
    135.1  Scope.
    135.2  Vessels generally to present tonnage certificate or be 
    measured.
    135.3  Determination of total volume.
    135.4  Administration and interpretation of rules.
    
    Subpart B--PC/UMS Net Tonnage Measurement
    
    135.11  Tonnage.
    135.12  Definitions.
    135.13  Determination of PC/UMS Net Tonnage.
    135.14  Change of PC/UMS Net Tonnage.
    135.15  Calculation of volumes.
    135.16  Measurement and calculation.
    
    Subpart C--Warships, Dredges and Floating Drydocks
    
    135.21  Warships, dredges and floating drydocks to present documents 
    stating displacement tonnage.
    135.22  Tolls on warships, dredges and floating drydocks levied on 
    actual displacement.
    
    Subpart D--Transitional Relief Measures
    
    135.31  Transitional relief measures.
    
    Subpart E--Alternative Method for Measurement of Vessels
    
    135.41  Measurement of vessels when volume information is not 
    available.
    135.42  Measurement of vessels when tonnage cannot be otherwise 
    ascertained.
    
        Authority: 22 U.S.C. 3791; E.O. 12215, 45 FR 36043, 3 CFR 1981 
    Comp., p. 257.
    
    Subpart A--General Provisions
    
    
    Sec. 135.1  Scope.
    
        This part establishes the procedures for determining the Panama 
    Canal Universal Measurement System (hereinafter PC/UMS) Net Tonnage. 
    The tonnage shall be used to assess tolls for use of the Panama Canal. 
    Also, the tonnage may be used, when adequate volume information is not 
    provided, to assess the charge for admeasurement services.
    
    
    Sec. 135.2  Vessels generally to present tonnage certificate or be 
    measured.
    
        All vessels except warships, floating drydocks, dredges, and 
    vessels subject to transitional relief measures, applying for passage 
    through the Panama Canal shall present a duly authenticated 
    International Tonnage Certificate (1969) (hereinafter ITC 69), or 
    suitable substitute (i.e., a certificate derived from a system which is 
    substantially similar to that which was provided for in the 1969 
    International Convention on Tonnage Measurement of Ships, and which 
    contains the total volume or allows for the direct mathematical 
    determination of total volume). Vessels without such total volume 
    information shall be inspected by Canal authorities who shall determine 
    an appropriate volume for use in the calculation of a PC/UMS Net 
    Tonnage of such vessels.
    
    (Approved by the Office of Management and Budget (OMB) control 
    number 3207-0001)
    
    
    Sec. 135.3  Determination of total volume.
    
        (a) The determination of total volume used in the calculation of 
    PC/UMS Net Tonnage shall be carried out by the Panama Canal Commission. 
    In so doing, however, the Commission may rely upon total volume 
    information provided by such officials as are authorized by national 
    governments to undertake surveys and issue national tonnage 
    certificates. Total volume information presented at the Panama Canal 
    shall be subject to verification, and if necessary, correction insofar 
    as may be necessary to ensure accuracy to a degree acceptable to the 
    Panama Canal Commission.
        (b) The Commission may, when it is deemed necessary to verify 
    information contained on the ITC 69, require the submission of 
    additional documents. Failure to submit the requested documentation may 
    result in the Commission's developing a figure that accurately reflects 
    the vessel's volume.
    
    (Approved by Office of Management and Budget (OMB) under control 
    number 3207-0001)
    
    
    Sec. 135.4  Administration and interpretation of rules.
    
        The rules of measurement provided in this part shall be 
    administered and interpreted by the Administrator of the Panama Canal 
    Commission.
    
    Subpart B--PC/UMS Net Tonnage Measurement
    
    
    Sec. 135.11  Tonnage.
    
        (a) The tonnage of a ship shall consist of PC/UMS Net Tonnage.
        (b) The net tonnage shall be determined in accordance with the 
    provisions of the regulations in this subpart.
        (c) The net tonnage of novel types of craft whose constructional 
    features are such as to render the application of the provisions of the 
    regulations in this subpart unreasonable or impracticable shall be 
    determined in a manner which is acceptable to the Panama Canal 
    Commission.
    
    
    Sec. 135.12  Definitions.
    
        (a) Upper Deck means the uppermost complete deck exposed to weather 
    and sea, which has permanent means of weathertight closing of all 
    openings in the weather part thereof, and below which all openings in 
    the sides of the ship are fitted with permanent means of watertight 
    closing. In a ship having a stepped upper deck, the lowest line of the 
    exposed deck and the continuation of that line parallel to the upper 
    part of the deck is taken as the upper deck.
        (b) Moulded Depth means the vertical distance measured from the top 
    of the keel to the underside of the upper deck at side.
        (1) In wood and composite ships the distance is measured from the 
    lower edge of the keel rabbet. Where the form at the lower part of the 
    midship section is of a hollow character, or where thick garboards are 
    fitted, the distance is measured from the point where the line of the 
    flat of the bottom continued inwards cuts the side of the keel.
        (2) In ships having rounded gunwales, the moulded depth shall be 
    measured to the point of intersection of the moulded lines of the deck 
    and side shell plating, the lines extending as though the gunwales were 
    of angular design.
        (3) Where the upper deck is stepped and the raised part of the deck 
    extends over the point at which the moulded depth is to be determined, 
    the moulded depth shall be measured to a line of reference extending 
    from the lower part of the deck along a line parallel with the raised 
    part.
        (c) Breadth or moulded breadth means the maximum breadth of the 
    ship, measured amidships to the moulded line of the frame in a ship 
    with a metal shell and to the outer surface of the hull in a ship with 
    a shell of any other material.
        (d) Enclosed spaces mean all spaces which are bounded by the ship's 
    hull, by fixed or portable partitions or bulkheads, by decks or 
    coverings other than permanent or movable awnings. No break in a deck, 
    nor any opening in the ship's hull, in a deck or in a covering of a 
    space, or in the partitions or bulkheads of a space, nor the absence of 
    a partition or bulkhead, shall preclude a space from being included in 
    the enclosed space.
        (e) Excluded spaces mean, notwithstanding the provisions of 
    paragraph (d) of this section, the spaces referred to in paragraphs 
    (e)(1) to (e)(5) of this section. Excluded spaces shall not be included 
    in the volume of enclosed spaces, except that any such space which 
    fulfills at least one of the following three conditions shall be 
    treated as an enclosed space:
    
    --The space is fitted with shelves or other means for securing cargo 
    or stores;
    --The openings are fitted with any means of closure; or
    --The construction provides any possibility of such openings being 
    closed.
    
        (1)(i) A space within an erection opposite an end opening extending 
    from deck to deck except for a curtain plate of a depth not exceeding 
    by more than 25 millimeters (one inch) the depth of the adjoining deck 
    beams, such opening having a breadth equal to or greater than 90 
    percent of the breadth of the deck at the line of the opening of the 
    space. This provision shall be applied so as to exclude from the 
    enclosed spaces only the space between the actual end opening and a 
    line drawn parallel to the line or face of the opening at a distance 
    from the opening equal to one-half of the width of the deck at the line 
    of the opening (Figure 1).
    
        In the figure:
    
    O = excluded space
    C = enclosed space
    I = space to be considered as an enclosed space
    Hatched-in parts to be included as enclosed spaces.
    B = breadth of the deck in way of the opening.
    
        In ships with rounded gunwales the breadth is measured as 
    indicated in Figure 11 in paragraph (e)(5).
    
    BILLING CODE 3640-04-P
    
    TR22AU94.000
    
    BILLING CODE 3640-04-C
        (ii) Should the width of the space because of any arrangement 
    except by convergence of the outside plating, become less than 90 
    percent of the breadth of the deck, only the space between the line of 
    the opening and a parallel line drawn through the point where the 
    athwartships width of the space becomes equal to, or less than, 90 
    percent of the breadth of the deck shall be excluded from the volume of 
    enclosed spaces. (Figures 2, 3 and 4).
    
        In the figures:
    
    O = excluded space
    C = enclosed space
    I = space to be considered as an enclosed space
    Hatched-in parts to be included as enclosed spaces.
    B = breadth of the deck in way of the opening.
    
        In ships with rounded gunwales the breadth is measured as 
    indicated in Figure 11 in paragraph (e)(5).
    
    
    TR22AU94.001
    
    
    TR22AU94.002
    
    
    BILLING CODE 3640-04-C
        (iii) Where an interval which is completely open except for 
    bulwarks or open rails separates any two spaces, the exclusion of one 
    or both of which is permitted under paragraphs (e)(1)(i) and/or 
    (e)(1)(ii) of this section, such exclusion shall not apply if the 
    separation between the two spaces is less than the least half breadth 
    of the deck in way of the separation. (Figures 5 and 6).
    
        In the figures:
    
    O = excluded space
    C = enclosed space
    I = space to be considered as an enclosed space
    Hatched-in parts to be included as enclosed spaces.
    B = breadth of the deck in way of the opening.
    
        In ships with rounded gunwales the breadth is measured as 
    indicated in Figure 11 in paragraph (e)(5).
    
    BILLING CODE 3640-04-P
    
    TR22AU94.003
    
    BILLING CODE 3640-04-C
    
        (2) A space under an overhead deck covering open to the sea and 
    weather, having no other connection on the exposed sides with the body 
    of the ship than the stanchions necessary for its support. In such a 
    space, open rails or a bulwark and curtain plate may be fitted or 
    stanchions fitted at the ship's side, provided that the distance 
    between the top of the rails or the bulwark and the curtain plate is 
    not less than 0.75 meters (2.5 feet) or one-third of the height of the 
    space, whichever is the greater. (Figure 7).
    
    BILLING CODE 3640-04-P
    
    TR22AU94.004
    
    BILLING CODE 3640-04-C
    
        (3) A space in a side-to-side erection directly in way of opposite 
    side openings not less in height than 0.75 meters (2.5 feet) or one-
    third of the height of the erection, whichever is the greater. If the 
    opening in such an erection is provided on one side only, the space to 
    be excluded from the volume of enclosed spaces shall be limited inboard 
    from the opening to a maximum of one-half of the breadth of the deck in 
    way of the opening. (Figure 8).
    
        In the figures:
    
    O = excluded space
    C = enclosed space
    I = space to be considered as an enclosed space
    Hatched-in parts to be included as enclosed spaces.
    B = breadth of the deck in way of the opening.
    
        In ships with rounded gunwales the breadth is measured as 
    indicated in Figure 11 in paragraph (e)(5).
    
    BILLING CODE 3640-04-P
    
    TR22AU94.005
    
    BILLING CODE 3640-04-C
    
        (4) A space in an erection immediately below an uncovered opening 
    in the deck overhead, provided that such an opening is exposed to the 
    weather and the space excluded from enclosed spaces is limited to the 
    area of the opening. (Figure 9).
    
    BILLING CODE 3640-04-P
    
    TR22AU94.006
    
    BILLING CODE 3640-04-C
    
        (5) A recess in the boundary bulkhead of an erection which is 
    exposed to the weather and the opening of which extends from deck to 
    deck without means of closing, provided that the interior width is not 
    greater than the width at the entrance and its extension into the 
    erection is not greater than twice the width of its entrance. (Figure 
    10).
    
        In the figure:
    
    O = excluded space
    C = enclosed space
    I = space to be considered as an enclosed space
    Hatched-in parts to be included as enclosed spaces.
    
    BILLING CODE 3640-04-P
    
    TR22AU94.007
    
    BILLING CODE 3640-04-C
    
        (f) Passenger means every person other than:
        (1) the master and the members of the crew or other persons 
    employed or engaged in any capacity on board a ship on the business of 
    that ship; and
        (2) a child under one year of age.
        (g) Weathertight means that in any sea conditions water will not 
    penetrate into the ship.
    
    
    Sec. 135.13  Determination of PC/UMS Net Tonnage.
    
        PC/UMS Net Tonnage shall be determined as follows:
        (a) For all vessels with tolls fixed in accordance with 
    Sec. 133.1(a) or (b) of this chapter, unless subject to the 
    transitional relief measures established in Sec. 135.31 of this 
    chapter, the formula for determining PC/UMS Net Tonnage is:
    
    PC/UMS Net Tonnage = K4(V) + K5(V)
    
    in which formula:
        (1) ``K4''={0.25 + [0.01  x  Log10(V)]}  x  0.830
        (2) ``K5''=[Log10(DA-19)]/{[Log10(DA-16)]  x  17}. 
    If the number of passengers (N1 + N2) is greater than 100 or 
    DA is equal to or less than 20.0 meters then K5 is equal to zero.
        (3) ``V''=Total volume of all enclosed spaces of the ship in cubic 
    meters and is identical to V as specified in the 1969 International 
    Convention on Tonnage Measurement of Ships.
        (4) ``DA'' (Average depth)=The result of the division of the Total 
    Volume by the product of the length in meters multiplied by the moulded 
    breadth in meters. DA=V/(L  x  MB).
        (5) ``L'' (Length) is defined as 96 percent of the total length on 
    a waterline at 85 percent of the least moulded depth measured from the 
    top of the keel, or the length from the fore side of the stem to the 
    axis of the rudder stock on that waterline, if that be greater. In 
    ships designed with a rake of keel, the waterline on which this length 
    is measured shall be parallel to the designed waterline.
        (6) Moulded breadth is defined in Sec. 135.12(c).
        (7) N1=number of passengers in cabins with not more than 8 
    berths.
        (8) N2=number of other passengers.
        (9) N1 + N2=total number of passengers the ship is 
    permitted to carry as indicated in the ship's passenger certificate.
    
        (b) For vessels subject to transitional relief measures, the 
    existing Panama Canal Net Tonnage as specified on the certificate 
    issued by Panama Canal Commission shall be the PC/UMS Net Tonnage. In 
    such case, the formula for determining PC/UMS Net Tonnage is: PC/UMS 
    Net Tonnage=Panama Canal Net Tonnage.
    
    
    Sec. 135.14  Change of PC/UMS Net Tonnage.
    
        (a) Vessels whose PC/UMS Net Tonnage is determined in accordance 
    with Sec. 135.13(a) shall have a new PC/UMS Net Tonnage issued if ``V'' 
    changes.
        (b) A vessel whose PC/UMS Net Tonnage is determined in accordance 
    with Sec. 135.13(b) shall retain that tonnage until the vessel 
    undergoes a significant structural change as defined in Sec. 135.14(c). 
    In the event of a significant structural change, the vessel's PC/UMS 
    Net Tonnage shall be determined in accordance with Sec. 135.13(a).
        (c) For the purposes of paragraph (b) of this section, significant 
    structural change means an actual change of at least 10 percent in the 
    total volume of the vessel. Vessels without comparative ITC 69 total 
    volumes, or other suitable sources of total volume comparison, shall 
    have a fair and equitable volume comparison made by the Commission to 
    determine if a significant structural change has occurred.
    
    
    Sec. 135.15  Calculation of volumes.
    
        (a) All volumes included in the calculation of PC/UMS Net Tonnage 
    shall be measured, irrespective of the fitting of insulation or the 
    like, to the inner side of the shell or structural boundary plating in 
    ships constructed of metal, and to the outer surface of the shell or to 
    the inner side of structural boundary surfaces in ships constructed of 
    any other material.
        (b) Volumes of appendages shall be included in the total volume.
        (c) Volumes of spaces open to the sea may be excluded from the 
    total volume.
    
    
    Sec. 135.16  Measurement and calculation.
    
        (a) All measurements used in the calculation of volumes shall be 
    taken to the nearest centimeter or one-twentieth of a foot.
        (b) The volumes shall be calculated by generally accepted methods 
    for the space concerned and with an accuracy acceptable to the 
    Commission.
        (c) The calculation shall be sufficiently detailed to permit easy 
    checking.
    
    Subpart C--Warships, Dredges and Floating Drydocks
    
    
    Sec. 135.21  Warships, dredges and floating drydocks to present 
    documents stating displacement tonnage.
    
        All warships, dredges and floating drydocks shall present documents 
    stating accurately the tonnage of displacement at each possible mean 
    draft. The term ``warship'' means any vessel of government ownership 
    that is being employed by its owners for military or naval purposes and 
    shall include armed coast guard vessels and vessels devoted to naval 
    training purposes, but shall not include naval auxiliary vessels such 
    as tankers, ammunition ships, refrigerator ships, repair ships, tenders 
    or vessels used to transport general military supplies.
    
    (Approved by Office of Management and Budget (OMB) under control 
    number 3207-0001)
    
    
    Sec. 135.22  Tolls on warships, dredges and floating drydocks levied on 
    actual displacement.
    
        The toll on warships, dredges and floating drydocks shall be based 
    upon their tonnage of actual displacement at the time of their 
    application for passage through the Canal. The actual displacement of 
    these vessels shall be determined in a manner acceptable to the 
    Commission and shall be expressed in tons of 2240 pounds. Should any of 
    these vessels not have on board documents from which the displacement 
    can be determined, Commission officials may use any practicable method 
    to determine the displacement tonnage for assessment of tolls.
    
    Subpart D--Transitional Relief Measures
    
    
    Sec. 135.31  Transitional relief measures.
    
        Transitional relief measures as specified in Sec. 135.13(b) shall 
    be applied to a vessel which has made a transit of the Panama Canal 
    between March 23, 1976 and September 30, 1994, inclusive, and has not 
    had a significant structural change as defined in Sec. 135.14(c) since 
    the last transit during the above period. Any significant structural 
    change made after the granting of transitional relief measures shall 
    disqualify a vessel for further relief, and the vessel shall be handled 
    in accordance with the provisions of Sec. 135.13(a). Transitional 
    relief measures are applied to the vessel during its entire active 
    service life as long as the vessel does not undergo a significant 
    structural change. Vessels subject to transitional relief measures 
    shall present their existing Panama Canal Tonnage Certificate on their 
    first transit after September 30, 1994. Vessels subject to relief 
    measures shall not be required to present an ITC 69 or any other total 
    volume certification.
    
    (Approved by Office of Management and Budget (OMB) under control 
    number 3207-0001)
    
    Subpart E--Alternative Method for Measurement of Vessels
    
    
    Sec. 135.41  Measurement of vessels when volume information is not 
    available.
    
        When an ITC 69 or suitable substitute is not presented or the 
    certificate or substitute presented does not have an accuracy 
    acceptable to the Commission, vessels shall be measured in a manner 
    which includes the entire cubical contents as required by the 
    definition of total volume and enclosed spaces. The Commission shall 
    endeavor to determine an accurate total volume of the vessel using the 
    best information available at the time of the determination. The total 
    volume shall be calculated by generally accepted methods for the space 
    concerned and with an accuracy acceptable to the Commission.
    
    
    Sec. 135.42  Measurement of vessels when tonnage cannot be otherwise 
    ascertained.
    
        (a) Vessels without an ITC 69, a suitable substitute or 
    documentation from which to calculate total volume shall be measured as 
    follows:
        (1) The volume of structures above the upper deck may be determined 
    by any accepted method or combination of methods. These methods include 
    but are not limited to simple geometric formulas, Simpson's rules, and 
    other standard mathematical formulas. If special procedures are used, 
    they should be identified. In all cases, measurements and calculations 
    should be sufficiently detailed to permit easy review.
        (2) The volume of the hull below the upper deck (UDV) shall be 
    determined as follows:
        (i) The formula:
    
    UDV={0.91  x  [(LOA  x  MB)  x  (D-SLD)]{time}  + (SLDISP/1.025)
    Where:
    
    UDV=Total volume of all enclosed spaces below the upper deck in 
    cubic meters.
    LOA=The Length overall, i.e., the length of the ship in meters from 
    the foremost to the aftermost points, including a bulbous bow if 
    present.
    MB=Moulded breadth in meters as defined in Sec. 135.12(c).
    D=Moulded depth in meters as defined in Sec. 135.12(b).
    SLD=Summer loaded draft (in meters), i.e., the maximum depth to 
    which the vessel's hull may be immersed when in a summer zone.
    SLDISP=Summer loaded displacement, i.e., the actual weight in metric 
    tons of the water displaced by the vessel when immersed to her SLD.
    
        (ii) If Sec. 135.42(a)(2)(i) proves unworkable, the total volume of 
    the hull below the upper deck shall be determined by multiplying the 
    product of the LOA, MB and D by the appropriate coefficient listed in 
    the following table:
    
    ------------------------------------------------------------------------
                                                                 Coefficient
                           LOA in meters                                    
    ------------------------------------------------------------------------
    0 to 30....................................................       .7150 
    > 30 to 60.................................................       .7250 
    > 60 to 90.................................................       .7360 
    > 90 to 120................................................       .7453 
    > 120 to 150...............................................       .7328 
    > 150 to 180...............................................       .7870 
    > 180 to 210...............................................       .8202 
    > 210 to 240...............................................       .7870 
    > 240 to 270...............................................       .7328 
    > 270......................................................      .7453  
    ------------------------------------------------------------------------
    
        (3) The total volume of a vessel is the sum of the volume of the 
    structures above the upper deck as determined in accordance with 
    Sec. 135.42(a)(1) and the volume of the hull below the upper deck as 
    determined in accordance with Sec. 135.42(a)(2) (i) or (ii).
        (b) Vessels which have had their total volume determined in 
    accordance with Sec. 135.41 or this section may apply for 
    readmeasurement when they have a new or corrected ITC 69, a suitable 
    substitute or present documentation sufficient to calculate total 
    volume.
    
        Dated: August 17, 1994.
    
    The White House.
    William J. Clinton,
    President.
    [FR Doc. 94-20534 Filed 8-19-94; 8:45 am]
    BILLING CODE 3640-04-P
    
    
    

Document Information

Published:
08/22/1994
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-20534
Dates:
October 1, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 22, 1994
CFR: (21)
35 CFR 133.1(a)
35 CFR 135.42(a)(1)
35 CFR 133.1
35 CFR 133.31
35 CFR 133.32
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