[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21452]
[[Page Unknown]]
[Federal Register: August 31, 1994]
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PANAMA CANAL COMMISSION
35 CFR Part 103
RIN 3207-AA36
General Provisions Governing Vessels
AGENCY: Panama Canal Commission.
ACTION: Final rule.
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SUMMARY: On October 1, 1994, the existing rules for measurement of
vessels using the Panama Canal will be replaced with the Panama Canal
Universal Measurement System (PC/UMS). Currently, fees for booking
transits at the Panama Canal are assessed at a fixed rate per Panama
Canal Gross Ton. Inasmuch as the PC/UMS will no longer utilize a Panama
Canal Gross Tonnage value, fees for the use of the transit booking
system should be assessed on some other basis. This final rule
authorizes retention of the existing method of calculating booking fees
for vessels subject to PC/UMS transitional relief measures and the
fixing of fees for all other vessels in reference to the PC/UMS Net
Ton.
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: On August 17, 1994, the President approved a
final rule with respect to a related matter--the complete revision of
the Rules for Measurement of Vessels for the Panama Canal as set forth
in 35 CFR part 135. That final rule was published in the Federal
Register (59 FR 43254) on August 22, 1994. The new measurement rules
become effective October 1, 1994.
Corresponding changes in the transit booking system regulations are
necessary to reconcile 35 CFR Sec. 103.8(e) with the aforementioned
revisions to the rules for measurement of vessels using the Panama
Canal. On August 16, 1994 a proposed rule with a request for comments
was published in the Federal Register (59 FR 41997). In addition, the
Commission provided individual notice to various shipping associations
and agents. No substantive comments were received which necessitate
change in the final rule.
Under existing Sec. 103.8(e), fees for booking transits at Panama
Canal are assessed at $0.23 per Panama Canal Gross Ton. With the
replacement of the existing measurement system on October 1, 1994, a
Panama Canal Gross Ton value will no longer exist. Instead, the new PC/
UMS will utilize a PC/UMS Net Ton value. Accordingly, in order to
continue using tonnage as the basis for rate assessment for the transit
booking system, fees must be assessed on the tonnage value used in the
PC/UMS. Therefore, transit booking fees will be fixed in relation to
the PC/UMS Net Ton for vessels transiting the Canal for the first time
after September 30, 1994. The final rule also provides special relief
measures for vessels which have previously transited the Canal. These
measures serve to minimize the financial impact of the change on the
individual customer.
In the first category--vessels which have not transited the Canal
before October 1, 1994, the final rule establishes a new rate of $0.26
per PC/UMS Net Ton. This rate of $0.26 per PC/UMS Net Ton is expected
to result in a booking fee near the rate assessed under the existing
system. In other words, the amount paid by an individual vessel at
$0.26 per PC/UMS Net Ton will closely approximate the amount it would
have paid at $0.23 per Panama Canal Gross Ton. The new booking fee rate
will be applied to a limited number of vessels inasmuch as the number
of first-time transits involves a relatively small number of vessels
each year.
As noted above, the Commission's intention is to revise the rate in
a manner which maintains fees at approximately the same level as
currently paid by individual vessels. Inasmuch as the revision is
designed to reconcile paragraph 103.8(e) with the new standard tonnage
measurement and not to otherwise alter the booking fees, the
establishment of the $0.26 rate will approximate present booking fees
without increasing customer costs.
For the other and larger category--vessels which have previously
transited the Canal, the final rule retains the existing booking fee
computation method. This provision has its genesis in the revisions to
the Rules for Measurement of Vessels using the Panama Canal. The PC/UMS
contains transitional relief measures which preserve existing tonnage
for ships transiting the Canal between March 23, 1976 (the date of the
last significant rules change) and September 30, 1994, inclusive. The
final booking fee rule provides that the existing method for assessing
booking fees for these vessels be similarly retained. Vessels meeting
the aforementioned PC/UMS requirements for transitional relief which
use the booking system after September 30, 1994 will not be affected
inasmuch as they will continue to pay the same fee--$0.23 per Panama
Canal Gross Ton. For these previously-transiting vessels, the booking
fee would change only in the event the vessel undergoes a significant
structural change, defined in the PC/UMS as a change in the volume of
the vessel of 10% or more. Under the PC/UMS, a vessel undergoing a
significant structural change loses its entitlement to the relief
measures and becomes subject to application of the PC/UMS measurement
formulas. In such an instance, the new rate of $0.26 per PC/UMS Net Ton
will be applied to the vessel.
The Commission has been exempted from Executive Order 12866 and,
accordingly, the provisions of that directive do not apply to this
final rule. Even if the order were applicable, the final rule, which
concerns ``rates'' and ``practices relating'' thereto, would not
constitute a ``rule'' as that term is defined in the Regulatory
Flexibility Act (5 U.S.C. 601(2)) and would not have a significant
impact on a substantial number of small entities under that Act.
A review of the environmental effect of the final rule concludes
that it will not have a significant effect on the quality of the human
environment. An environmental impact statement is not required under
the National Environmental Policy Act of 1969.
Finally, the Administrator of the Panama Canal Commission certifies
that these regulations meet the applicable standards provided in
sections 2(a) and 2(b)(2) of Executive Order No. 12778.
List of Subjects in 35 Part 103
Advance reservations, Booking system, Order of transit, Panama
Canal, Vessels.
Accordingly, for the reasons set forth above, 35 CFR part 103 is
amended as follows:
PART 103--GENERAL PROVISIONS GOVERNING VESSELS
1. The authority citation for part 103 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. Paragraph (e) of Sec. 103.8 is revised to read as follows:
Sec. 103.8 Preference in the transit schedule; order of transiting
vessels.
* * * * *
(e) Booking fees. (1) For vessels measured in accordance with
Sec. 135.13(a) of this chapter, the fee for booking shall be $0.26 per
PC/UMS Net Ton.
(2) For vessels subject to the transitional relief measures of
Sec. 135.31 of this chapter and measured in accordance with
Sec. 135.13(b) of this chapter, the fee for booking shall be $0.23 per
Panama Canal Gross Ton as specified on the last certificate issued by
the Panama Canal Commission between March 23, 1976 and September 30,
1994, inclusive.
(3) The minimum booking fee for any vessel is $1,500.
* * * * *
(Existing collections of information are approved under Office of
Management and Budget (OMB) control number 3207-0001. Modifications
are being submitted to OMB for approval.)
Dated: August 26, 1994.
Gilberto Guardia F.,
Administrator, Panama Canal Commission.
[FR Doc. 94-21452 Filed 8-30-94; 8:45 am]
BILLING CODE 3640-04-P
