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§ 135.4 35 CFR Ch. I (7–1–97 Edition)

documentation may result in the Com- line of the flat of the bottom continued mission’s developing a figure that ac- inwards cuts the side of the keel. curately reflects the vessel’s volume. (2) In ships having rounded gunwales, the moulded depth shall be measured (Approved by Office of Management and Budget (OMB) under control number 3207– to the point of intersection of the 0001) moulded lines of the deck and side shell plating, the lines extending as [59 FR 43255, Aug. 22, 1994, as amended at 61 though the gunwales were of angular FR 60612, Nov. 29, 1996] design. § 135.4 Administration and interpreta- (3) Where the upper deck is stepped tion of rules. and the raised part of the deck extends over the point at which the moulded The rules of measurement provided depth is to be determined, the moulded in this part shall be administered and depth shall be measured to a line of ref- interpreted by the Administrator of erence extending from the lower part of the Commission. the deck along a line parallel with the raised part. Subpart B—PC/UMS Net (c) Breadth or moulded breadth means Measurement the maximum breadth of the ship, measured amidships to the moulded § 135.11 Tonnage. line of the frame in a ship with a metal (a) The tonnage of a ship shall con- shell and to the outer surface of the sist of PC/UMS . in a ship with a shell of any other (b) The net tonnage shall be deter- material. mined in accordance with the provi- (d) Enclosed spaces mean all spaces sions of the regulations in this subpart. which are bounded by the ship’s hull, (c) The net tonnage of novel types of by fixed or portable partitions or bulk- craft whose constructional features are heads, by decks or coverings other than such as to render the application of the permanent or movable awnings. No provisions of the regulations in this break in a deck, nor any opening in the subpart unreasonable or impracticable ship’s hull, in a deck or in a covering of shall be determined in a manner which a space, or in the partitions or bulk- is acceptable to the Panama Canal heads of a space, nor the absence of a Commission. partition or bulkhead, shall preclude a space from being included in the en- § 135.12 Definitions. closed space. (a) Upper Deck means the uppermost (e) Excluded spaces mean, notwith- complete deck exposed to weather and standing the provisions of paragraph sea, which has permanent means of (d) of this section, the spaces referred weathertight closing of all openings in to in paragraphs (e)(1) to (e)(5) of this the weather part thereof, and below section. Excluded spaces shall not be which all openings in the sides of the included in the volume of enclosed ship are fitted with permanent means spaces, except that any such space of watertight closing. In a ship having which fulfills at least one of the follow- a stepped upper deck, the lowest line of ing three conditions shall be treated as the exposed deck and the continuation an enclosed space: of that line parallel to the upper part —The space is fitted with shelves or other of the deck is taken as the upper deck. means for securing cargo or stores; (b) Moulded Depth means the vertical —The openings are fitted with any means of distance measured from the top of the closure; or keel to the underside of the upper deck —The construction provides any possibility at side. of such openings being closed. (1) In wood and composite ships the (1)(i) A space within an erection op- distance is measured from the lower posite an end opening extending from edge of the keel rabbet. Where the form deck to deck except for a curtain plate at the lower part of the midship sec- of a depth not exceeding by more than tion is of a hollow character, or where 25 millimeters (one inch) the depth of thick garboards are fitted, the distance the adjoining deck beams, such opening is measured from the point where the having a breadth equal to or greater

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than 90 percent of the breadth of the In the figure: deck at the line of the opening of the O = excluded space space. This provision shall be applied C = enclosed space so as to exclude from the enclosed I = space to be considered as an enclosed spaces only the space between the ac- space Hatched-in parts to be included as enclosed tual end opening and a line drawn par- spaces. allel to the line or face of the opening B = breadth of the deck in way of the open- at a distance from the opening equal to ing. one-half of the width of the deck at the In ships with rounded gunwales the line of the opening (Figure 1). breadth is measured as indicated in Figure 11 in paragraph (e)(5).

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(ii) Should the width of the space be- In the figures: cause of any arrangement except by O = excluded space convergence of the outside plating, be- C = enclosed space come less than 90 percent of the I = space to be considered as an enclosed breadth of the deck, only the space be- space tween the line of the opening and a Hatched-in parts to be included as enclosed parallel line drawn through the point spaces. where the athwartships width of the B = breadth of the deck in way of the open- space becomes equal to, or less than, 90 ing. percent of the breadth of the deck shall In ships with rounded gunwales the be excluded from the volume of en- breadth is measured as indicated in Figure 11 closed spaces. (Figures 2, 3 and 4). in paragraph (e)(5).

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(iii) Where an interval which is com- In the figures: pletely open except for bulwarks or O = excluded space open rails separates any two spaces, C = enclosed space the exclusion of one or both of which is I = space to be considered as an enclosed permitted under paragraphs (e)(1)(i) space and/or (e)(1)(ii) of this section, such ex- Hatched-in parts to be included as enclosed spaces. clusion shall not apply if the separa- B = breadth of the deck in way of the open- tion between the two spaces is less ing. than the least half breadth of the deck In ships with rounded gunwales the in way of the separation. (Figures 5 and breadth is measured as indicated in Figure 11 6). in paragraph (e)(5).

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(2) A space under an overhead deck side, provided that the distance be- covering open to the sea and weather, tween the top of the rails or the bul- having no other connection on the ex- wark and the curtain plate is not less posed sides with the body of the ship than 0.75 meters (2.5 feet) or one-third than the stanchions necessary for its of the height of the space, whichever is support. In such a space, open rails or the greater. (Figure 7). a bulwark and curtain plate may be fitted or stanchions fitted at the ship’s

(3) A space in a side-to-side erection In the figures: directly in way of opposite side open- O = excluded space ings not less in height than 0.75 meters C = enclosed space (2.5 feet) or one-third of the height of I = space to be considered as an enclosed the erection, whichever is the greater. space If the opening in such an erection is Hatched-in parts to be included as enclosed provided on one side only, the space to spaces. be excluded from the volume of en- B = breadth of the deck in way of the open- closed spaces shall be limited inboard ing. from the opening to a maximum of one- In ships with rounded gunwales the half of the breadth of the deck in way breadth is measured as indicated in Figure 11 of the opening. (Figure 8). in paragraph (e)(5).

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(4) A space in an erection imme- and the space excluded from enclosed diately below an uncovered opening in spaces is limited to the area of the the deck overhead, provided that such opening. (Figure 9). an opening is exposed to the weather

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(5) A recess in the boundary bulkhead In the figure: of an erection which is exposed to the O = excluded space weather and the opening of which ex- C = enclosed space tends from deck to deck without means I = space to be considered as an enclosed of closing, provided that the interior space width is not greater than the width at Hatched-in parts to be included as enclosed the entrance and its extension into the spaces. erection is not greater than twice the width of its entrance. (Figure 10).

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(f) Passenger means every person § 135.13 Determination of PC/UMS Net other than: Tonnage. (1) the master and the members of PC/UMS Net Tonnage shall be deter- the crew or other persons employed or mined as follows: engaged in any capacity on board a (a) For all vessels with tolls fixed in ship on the business of that ship; and accordance with § 133.1(a) or (b) of this (2) a child under one year of age. chapter, unless subject to the transi- (g) Weathertight means that in any tional relief measures established in sea conditions water will not penetrate § 135.31 of this chapter, the formula for into the ship. determining PC/UMS Net Tonnage is:

PC/UMS Net Tonnage=K4(V)+K5(V) +CF1(VMC) in which formula:

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(1) ‘‘K4’’={0.25 + [0.01 × Log10(V)]} × (b) For vessels subject to transitional 0.830 relief measures, the existing Panama

(2) ‘‘K5’’=[Log10(DA–19)]/{[Log10(DA– Canal Net Tonnage as specified on the 16)] × 17}. If the number of passengers certificate issued by the Commission (N1 + N2) is greater than 100 or DA is plus CF1 (VMC) shall be the PC/UMS equal to or less than 20.0 meters then Net Tonnage. In such case, the formula K5 is equal to zero. for determining PC/UMS Net Tonnage (3) ‘‘V’’=Total volume of all enclosed is: PC/UMS Net Tonnage=Panama spaces of the ship in cubic meters and Canal Net Tonnage+CF1(VMC). is identical to V as specified in the 1969 [59 FR 43255, Aug. 22, 1994, as amended at 61 International Convention on Tonnage FR 60612, Nov. 29, 1996] Measurement of Ships. (4) ‘‘DA’’ (Average depth)=The result § 135.14 Change of PC/UMS Net - of the division of the Total Volume by nage. the product of the length in meters (a) Vessels whose PC/UMS Net Ton- multiplied by the moulded breadth in nage is determined in accordance with meters. DA=V/(L × MB). § 135.13(a) shall have a new PC/UMS Net (5) ‘‘L’’ (Length) is defined as 96 per- Tonnage issued if ‘‘V’’ changes. cent of the total length on a (b) A vessel whose PC/UMS Net Ton- at 85 percent of the least moulded nage is determined in accordance with depth measured from the top of the § 135.13(b) shall retain that tonnage keel, or the length from the fore side of until the vessel undergoes a significant the stem to the axis of the rudder structural change as defined in stock on that waterline, if that be § 135.14(c). In the event of a significant greater. In ships designed with a rake structural change, the vessel’s PC/UMS of keel, the waterline on which this Net Tonnage shall be determined in ac- length is measured shall be parallel to cordance with § 135.13(a). the designed waterline. (c) For the purposes of paragraph (b) (6) Moulded breadth is defined in of this section, significant structural § 135.12(c). change means an actual change of at

(7) N1=number of passengers in cabins least 10 percent in the total volume of with not more than 8 berths. the vessel. Vessels without compara- tive ITC 69 total volumes, or other (8) N2=number of other passengers. suitable sources of total volume com- (9) N1 + N2=total number of pas- sengers the ship is permitted to carry parison, shall have a fair and equitable as indicated in the ship’s passenger cer- volume comparison made by the Com- tificate. mission to determine if a significant structural change has occurred. (10) ‘‘CF1’’=.031 for ships which the Commission determines are designed to (d) If the VMC of a vessel is changed carry containers on or above the upper due to any physical modification after the vessel’s PC/UMS Net Tonnage has deck; otherwise ‘‘CF1’’=0. In making the foregoing determination, the Com- been determined at the Canal, the PC/ mission may consider documentation UMS Net Tonnage may be revised by provided by such officials as are au- the Commission. thorized by national governments to [59 FR 43255, Aug. 22, 1994, as amended at 61 undertake surveys and issue national FR 60612, Nov. 29, 1996] tonnage certificates. (11) ‘‘VMC’’=the volume (in cubic me- § 135.15 Calculation of volumes. ters) of maximum capacity of the con- (a) All volumes included in the cal- tainers that can be carried on or above culation of PC/UMS Net Tonnage shall the upper deck. This volume may be be measured, irrespective of the fitting calculated by multiplying the maxi- of insulation or the like, to the inner mum number of containers by 29.2 m3, side of the shell or structural boundary or by other generally accepted methods plating in ships constructed of metal, that meet the Commission’s accuracy and to the outer surface of the shell or standards. VMC will not include any to the inner side of structural bound- container capacity that is included in ary surfaces in ships constructed of ‘‘V’’. any other material.

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(b) Volumes of appendages shall be § 135.22 Tolls on warships, dredges included in the total volume. and floating drydocks levied on ac- (c) Volumes of spaces open to the sea tual . may be excluded from the total vol- The toll on warships, dredges and ume. floating drydocks shall be based upon (d) VMC may be calculated by mul- their tonnage of actual displacement at tiplying the maximum number of con- the time of their application for pas- tainers by 29.2 m3, or by other gen- sage through the Canal. The actual dis- erally accepted methods that meet the placement of these vessels shall be de- Commission’s accuracy standards. termined in a manner acceptable to the (e) For purposes of this part, the out- Commission and shall be expressed in side dimension of a container is 8 ft.×8 of 2240 pounds. Should any of these vessels not have on board docu- ft.×20 ft., or 36.25 m3. These parameters ments from which the displacement will be used for determining the maxi- can be determined, Commission offi- mum above-deck container capacity. cials may use any practicable method [59 FR 43255, Aug. 22, 1994, as amended at 61 to determine the displacement tonnage FR 60612, Nov. 29, 1996] for assessment of tolls.

§ 135.16 Measurement and calculation. Subpart D—Transitional Relief (a) All measurements used in the cal- Measures culation of volumes shall be taken to the nearest centimeter or one-twenti- § 135.31 Transitional relief measures. eth of a foot. Transitional relief measures as speci- (b) The volumes shall be calculated fied in § 135.13(b) shall be applied to a by generally accepted methods for the vessel which has made a transit of the space concerned and with an accuracy Panama Canal between March 23, 1976 acceptable to the Commission. and September 30, 1994, inclusive, and (c) The calculation shall be suffi- has not had a significant structural ciently detailed to permit easy check- change as defined in § 135.14(c) since the last transit during the above period. ing. Any significant structural change made after the granting of transitional Subpart C—Warships, Dredges relief measures shall disqualify a vessel and Floating Drydocks for further relief, and the vessel shall be handled in accordance with the pro- § 135.21 Warships, dredges and float- visions of § 135.13(a). Transitional relief ing drydocks to present documents measures are applied to the vessel dur- stating displacement tonnage. ing its entire active service life as long All warships, dredges and floating as the vessel does not undergo a signifi- drydocks shall present documents stat- cant structural change. Vessels subject ing accurately the tonnage of displace- to transitional relief measures shall ment at each possible mean . The present their existing Panama Canal term ‘‘warship’’ means any vessel of Tonnage Certificate on their first tran- government ownership that is being sit after September 30, 1994. Vessels employed by its owners for military or subject to relief measures shall not be naval purposes and shall include armed required to present an ITC 69 or any coast guard vessels and vessels devoted other total volume certification. Ves- sels subject to relief measures shall to naval training purposes, but shall provide Canal authorities with suffi- not include naval auxiliary vessels cient documentation, such as plans and such as tankers, ammunition ships, re- classification certificates, for the Com- frigerator ships, repair ships, tenders mission to determine the VMC. or vessels used to transport general military supplies. (Approved by Office of Management and Budget (OMB) under control number 3207– (Approved by Office of Management and 0001) Budget (OMB) under control number 3207– [59 FR 43255, Aug. 22, 1994, as amended at 61 0001) FR 60612, Nov. 29, 1996]

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