[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9301]


[[Page Unknown]]

[Federal Register: April 18, 1994]


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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: Advance notice of proposed rulemaking; request for comments; 
notice of hearing.

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SUMMARY: The Panama Canal Commission proposes a major revision of the 
rules for measurement of vessels using the Panama Canal to become 
effective October 1, 1994. The existing rules of measurement will be 
replaced with a simplified, objective approach which brings the 
Commission's system in line with an international practice which will 
enter into full application worldwide on July 18, 1994. The proposed 
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 proposed 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.
    This advance notice of proposed rulemaking announces the 
availability from the Commission of an analysis showing the basis of 
and justification for the proposed changes, solicits written data and 
comments from interested parties, and sets the time and place for a 
public hearing.

DATES: Written comments and requests to present oral testimony must be 
received on or before May 19, 1994; a public hearing will be held on 
May 25, 1994 at 9:30 a.m.

ADDRESSES: Comments and requests to testify at the hearing may be 
mailed to: 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); copies of the Commission's 
analysis showing the basis of and justification for the proposed 
changes are available from the Commission (at the above address) or 
from the Office of Financial Management, Panama Canal Commission, 
Balboa Heights, Republic of Panama (Telephone: 011-507-52- 3194) 
(Facsimile: 011-507-52-3040).
    The hearing will be held in the ANA Hotel, 2401 M Street NW., 
Washington, DC 20037. Oral presentations should be limited to 20 
minutes. Regulations governing the content of the notice of appearance 
or intention to present supplementary data at the hearing appear in 35 
CFR 70.8 and 70.10.

FOR FURTHER INFORMATION CONTACT: Michael Rhode, Jr. at the above 
address and telephone.

SUPPLEMENTARY INFORMATION: A complete revision to the Rules for 
Measurement of Vessels for the Panama Canal contained in 35 CFR part 
135 is proposed. The proposed revision is designed to simplify the 
Commission's measurement procedures which since the Canal's inception 
have been based on the Moorsom system. The change is designed to bring 
measurement rules at the Canal in line with the worldwide standard of 
tonnage measurement and achieve compatibility with the 1969 
International Convention on Tonnage Measurement of Ships (Convention). 
The Convention, which establishes a universal system of measurement for 
vessels engaged on an international voyage, came into effect in the 
United States on February 10, 1983.
    This new 35 CFR part 135 would provide 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.
    Subpart A contains general provisions concerning the uses of the 
Panama Canal Universal Measurement System (PC/UMS) Net Tonnage for the 
purpose of calculating tolls and admeasurement fees. It provides for 
the presentation of an ITC 69 or suitable substitute or the application 
of alternative measurement procedures. It retains provision for 
Commission control over the measurement determination, verification of 
tonnage certificates and the administration of these rules.
    Subpart B establishes the PC/UMS. Under it, tolls will be assessed 
on the basis of the PC/UMS Net Ton. The Commission will apply a 
mathematical formula to the total volume in order to determine the PC/
UMS Net Tonnage. This formula has been established so as to produce 
tonnage and, hence, revenues that in the aggregate are equal to those 
produced under the current system annually. Relevant definitions are 
set forth in this subpart. The subpart also establishes the rules 
concerning measurement and calculations. Finally, the subpart addresses 
measurement rules in the event of a total volume change.
    Subpart C continues without substantive change the present rules 
for the measurement of warships, dredges and floating drydocks. Tolls 
for these vessels will continue to be based on their tonnage of actual 
displacement.
    Subpart D provides transitional relief measures for vessels which 
previously transited the Canal and have not had a significant 
structural change.
    Subpart E sets forth the measurement procedures the Commission will 
use when it becomes necessary for the Commission to determine the total 
volume of a vessel.
    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 
new part 135 by allowing for the use of the ITC 69 to obtain the 
required total volume information.
    Section 1604 of the Panama Canal Act of 1979, as amended, 22 U.S.C. 
3794, establishes the procedures that the Commission must follow in 
proposing changes in the rules for measurement of vessels. Those 
procedures have been supplemented by regulations in 35 CFR part 70, 
which provide interested parties with instructions for participating in 
the process governing changes in the measurement rules. The statute and 
regulations require this advance notice of proposed rulemaking in order 
for the Commission to announce the proposed changes and afford 
interested parties an opportunity to submit written data or comments 
and to participate in the public hearing on May 25, 1994. A written 
analysis is also made available to the public showing the basis of and 
justification for the revision.
    All pertinent data or comments presented in writing, or orally at 
the hearing, will be considered, along with other relevant information, 
before the Commission publishes a notice of proposed rulemaking in the 
Federal Register and forwards a complete record and its final 
recommendation to the President of the United States. In considering 
the proposal, the President has the authority to approve, disapprove, 
or modify any recommendation of the Commission. The final rule, 
approved and published by the President, shall be effective October 1, 
1994, or 30 days from the date of publication in the Federal Register, 
whichever occurs later.
    The Commission has been exempted from Executive Order 12866 and, 
accordingly, the provisions of that directive do not apply to this 
proposed rule. Even if the Order were applicable, the proposed 
regulation, 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 proposed measurement 
rule changes concludes that the proposed change 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 proposed regulations meet the applicable standards provided 
in sections 2(a) and 2(b)(2) of Executive Order No. 12778.

List of Subjects in 35 CFR Parts 133 and 135

    Measurement, Navigation, Panama Canal, Vessels.

    Accordingly, it is proposed that 35 CFR parts 133 and 135 be 
amended as follows:

PART 133--TOLLS FOR USE OF CANAL

    3. The authority citation for part 133 continues to read as 
follows:

    Authority: Issued under authority of the President by 22 U.S.C. 
3791, E.O. 12215, 45 FR 36043.

    4. 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.
* * * * *
    5. 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.

    6. 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 Panama Canal 
Universal Measurement System Net Tonnage.

    7. Section 133.33 is revised to read as follows:


Sec. 133.33  Measurement of vessels; temporary retention of certificate 
at Canal.

    The official Panama Canal Universal Measurement System Net Tonnage 
certificate will be delivered by the Canal authorities to the vessel or 
to the owner or agent of the vessel after transit completion. This 
certificate will be retained on board the vessel and will be used to 
certify that the vessel has been inspected and its Panama Canal 
Universal Measurement System Net Tonnage has been determined by the 
Commission.

PART 135--RULES FOR MEASUREMENT OF VESSELS

    8. Part 135 is revised to read as follows:

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  Vessels eligible for transitional relief measures.

Subpart E--Alternative Method for Measurement of Vessels

135.41  Measurement of ships when volume information is not 
available.
135.42  Measurement of ships when tonnage cannot be otherwise 
ascertained.

    Authority: Issued under authority of the President by 22 U.S.C. 
3791, E.O. 12215, 45 FR 36043.

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 will 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 eligible for 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 will determine 
an appropriate volume for use in the calculation of a PC/UMS Net 
Tonnage of such vessels.


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.


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;
--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

TP18AP94.003


BILLING CODE 3640-04-C

    (1)(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).

BILLING CODE 3640-04-P

TP18AP94.004


TP18AP94.005


BILLING CODE 3640-04-C
    (1)(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).

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TP18AP94.006


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

TP18AP94.007


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).

TP18AP94.008


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

TP18AP94.009


BILLING CODE 3640-04-P

    (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

TP18AP94.010


TP18AP94.011


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 will be determined as follows:
    (a) For all vessels with tolls fixed in accordance with Sec. 133.1 
(a) or (b) of this chapter, unless eligible for 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 
molded 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 eligible for transitional relief measures, the 
existing Panama Canal Net Tonnage as specified on the certificate 
issued by Panama Canal Commission will become 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 section Sec. 135.13(a) will 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) will 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 will be determined in accordance with Sec. 135.13(a).
    (c) For the purposes of paragraph (b), 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, will 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, floating drydocks, and dredges 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.


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  Vessels eligible for transitional relief measures.

    To be eligible for the transitional relief measures as specified in 
Sec. 135.13(b), a vessel must have made a transit of the Panama Canal 
between March 23, 1976 and September 30, 1994, inclusive, and not have 
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 will 
disqualify a vessel for further relief, and the vessel will 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 eligible for transitional relief measures 
will present their existing Panama Canal Tonnage Certificate on their 
first transit after October 1, 1994. Vessels eligible for relief 
measures will not be required to present an ITC 69 or any other total 
volume certification.

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 will be measured in a manner that 
will include the entire cubical contents as required by the definition 
of total volume and enclosed spaces. The Commission will 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 ships 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))) + (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 will be determined by multiplying the 
product of the LOA, MD and D by the appropriate coefficient listed in 
the following table: 

------------------------------------------------------------------------
                     LOA in meters                          Coefficient 
------------------------------------------------------------------------
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: April 6, 1994.
Gilberto Guardia F.,
Administrator, Panama Canal Commission.
[FR Doc. 94-9301 Filed 4-15-94; 8:45 am]
BILLING CODE 3640-04-P