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§ 135.13 35 CFR Ch. I (7–1–98 Edition)

(f) Passenger means every person chapter, unless subject to the transi- other than: tional relief measures established in (1) the master and the members of § 135.31 of this chapter, the formula for the crew or other persons employed or determining PC/UMS Net is:

engaged in any capacity on board a PC/UMS =K4(V)+K5(V) on the business of that ship; and +CF1(VMC) (2) a child under one year of age. in which formula: (g) Weathertight means that in any (1) ‘‘K4’’={0.25 + [0.01 × Log10(V)]} × sea conditions water will not penetrate 0.830 into the ship. (2) ‘‘K5’’=[Log10(DA–19)]/{[Log10(DA– 16)] × 17}. If the number of passengers § 135.13 Determination of PC/UMS Net (N1 + N2) is greater than 100 or DA is Tonnage. equal to or less than 20.0 meters then PC/UMS Net Tonnage shall be deter- K5 is equal to zero. mined as follows: (3) ‘‘V’’=Total volume of all enclosed (a) For all vessels with tolls fixed in spaces of the ship in cubic meters and accordance with § 133.1(a) or (b) of this is identical to V as specified in the 1969

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International Convention on Tonnage is: PC/UMS Net Tonnage=Panama Measurement of . Canal Net Tonnage+CF1(VMC). (4) ‘‘DA’’ (Average depth)=The result [59 FR 43255, Aug. 22, 1994, as amended at 61 of the division of the Total Volume by FR 60612, Nov. 29, 1996] the product of the length in meters multiplied by the moulded breadth in § 135.14 Change of PC/UMS Net Ton- meters. DA=V/(L × MB). nage. (5) ‘‘L’’ (Length) is defined as 96 per- (a) Vessels whose PC/UMS Net Ton- cent of the total length on a waterline nage is determined in accordance with at 85 percent of the least moulded § 135.13(a) shall have a new PC/UMS Net depth measured from the top of the Tonnage issued if ‘‘V’’ changes. keel, or the length from the fore side of (b) A vessel whose PC/UMS Net Ton- the stem to the axis of the rudder nage is determined in accordance with stock on that waterline, if that be § 135.13(b) shall retain that tonnage greater. In ships designed with a rake until the vessel undergoes a significant of keel, the waterline on which this structural change as defined in length is measured shall be parallel to § 135.14(c). In the event of a significant the designed waterline. structural change, the vessel’s PC/UMS (6) Moulded breadth is defined in Net Tonnage shall be determined in ac- § 135.12(c). cordance with § 135.13(a). (7) N1=number of passengers in cabins (c) For the purposes of paragraph (b) with not more than 8 berths. of this section, significant structural (8) N2=number of other passengers. change means an actual change of at (9) N1 + N2=total number of pas- least 10 percent in the total volume of sengers the ship is permitted to carry the vessel. Vessels without compara- as indicated in the ship’s passenger cer- tive ITC 69 total volumes, or other tificate. suitable sources of total volume com-

(10) ‘‘CF1’’=.031 for ships which the parison, shall have a fair and equitable Commission determines are designed to volume comparison made by the Com- carry containers on or above the upper mission to determine if a significant ; otherwise ‘‘CF1’’=0. In making structural change has occurred. the foregoing determination, the Com- (d) If the VMC of a vessel is changed mission may consider documentation due to any physical modification after provided by such officials as are au- the vessel’s PC/UMS Net Tonnage has thorized by national governments to been determined at the Canal, the PC/ undertake surveys and issue national UMS Net Tonnage may be revised by tonnage certificates. the Commission. (11) ‘‘VMC’’=the volume (in cubic me- [59 FR 43255, Aug. 22, 1994, as amended at 61 ters) of maximum capacity of the con- FR 60612, Nov. 29, 1996] tainers that can be carried on or above the upper deck. This volume may be § 135.15 Calculation of volumes. calculated by multiplying the maxi- (a) All volumes included in the cal- mum number of containers by 29.2 m3, culation of PC/UMS Net Tonnage shall or by other generally accepted methods be measured, irrespective of the fitting that meet the Commission’s accuracy of insulation or the like, to the inner standards. VMC will not include any side of the shell or structural boundary container capacity that is included in plating in ships constructed of metal, ‘‘V’’. and to the outer surface of the shell or (b) For vessels subject to transitional to the inner side of structural bound- relief measures, the existing Panama ary surfaces in ships constructed of Canal Net Tonnage as specified on the any other material. certificate issued by the Commission (b) Volumes of appendages shall be included in the total volume. plus CF1 (VMC) shall be the PC/UMS Net Tonnage. In such case, the formula (c) Volumes of spaces open to the sea for determining PC/UMS Net Tonnage may be excluded from the total vol- ume.

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