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Subpart C-Payment of Tolls and Other Vessel Charges

§ 133.71

Time of making payment.

(a) Payment of tolls in full shall be made, or secured as provided by § 133.74, before a vessel is permitted to enter a lock.

(b) All vessel charges shall be paid, or secured as provided by § 133.74, before clearance is given a vessel at the port of departure from the Canal Zone: Provided, however, That in cases involving emergency or other special circumstances, the requirement of this paragraph may be waived by the President of the Panama Canal Company or by such person as he may designate for such purpose.

§ 133.72

Same; exception; vessels operated by the United States.

Section 133.71 shall not apply to vessels operated by the Government of the United States; and bills for tolls, where applicable, and for other charges against such vessels, shall be settled as are other obligations between agencies of the Federal Government.

§ 133.73 Payment to be in cash.

All payments for tolls and other charges shall be made in cash, in lawful money of the United States, except as provided in by § 133.74. § 133.74 Same; exception; payment secured by deposit of cash or bonds. (a) The payment of tolls and vessel charges may be secured by making cash deposits for that purpose with the Treasurer of the Panama Canal Company or such United States depository as may be designated by the Panama Canal Company.

(b) In lieu of payment in cash or a cash deposit, the payment of tolls and vessel charges may be secured by making deposits, pursuant to written agreements with the Panama Canal Company, of negotiable bonds of the United States of the classes acceptable by the United States Treasury Department as collateral security for the deposit of public moneys. Such bonds shall be under the full control of the Panama Canal Company; shall be deposited with the Treasurer of the Panama Canal Company or such United States depository as may be designated by the Panama Canal Company; and shall be subject to sale or other disposition by the Panama Canal Company

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Spaces used for boatswain's stores, deducted.

135.171 Length taken on tonnage deck. 135.172 Measurement of length, in general. 135.173 Measurement of length in case of break in double bottom.

135.174 Finding of transverse area of ship at each point of division of length. 135.175 Finding of transverse area of ship at each point of division of length; manner of taking depths in certain cases.

135.176 Finding of transverse area of ship at each point of division of length. 135.177 Finding of transverse area of ship at each point of division of length; vessels in which double bottom is horizontal, or in which there is no double bottom.

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135.281 135.282

Spaces used for engineer's shops, deducted.

135.283 Spaces used for donkey engine and boiler, and for pumps other than for handling cargo, deducted. 135.284 Passageways designed for serving deducted spaces, deducted. 135.285 Water ballast spaces, and peak tanks for fresh water for vessel's use, deducted.

135.286 Spaces appropriated to use of passengers as public rooms, deducted. 135.287 Marking and use of deducted spaces. ADDITIONAL DEDUCTIONS ALLOWED FOR VESSELS PROPELLED BY ENGINES

135.321 Determination of Panama Canal net tonnage of vessels propelled by engines.

135.322 Spaces specified in §§ 135.271135.286, deducted.

135.323 Spaces occupied by engines, boilers, coal bunkers, etc., deducted. Donkey-engine and boiler spaces, when deducted.

135.324 135.825

Certain portion of framed-in spaces around funnels and light and air casings, exempted and not deducted.

135.326 Limitation on propelling-power deductions; marking and use of deducted spaces.

135.327 Propelling power deductions, how made.

PROPELLING POWER DEDUCTION FOR VESSELS WITH BUNKERS HAVING MOVABLE PARTITIONS, OR HAVING FUEL-OIL COMPARTMENTS THAT MAY BE USED TO STOW CARGO OR STORES

135.351 Space occupied by engine rooms plus percentage thereof, deducted. 135.852 What understood by space occupied by engine rooms.

135.353 Manner of ascertaining cubical content of spaces occupied by engine

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MISCELLANEOUS PROVISIONS RELATIVE TO DEDUCTIONS FROM GROSS TONNAGE

Sec.

135.411 No space deducted unless included in gross tonnage.

135.412 Deducated spaces, if used, added to net tonnage.

Subpart D-Officials Authorized To Measure Vessels and Issue Certificates; Tonnage Certificates 135.441

Officials authorized to measure vessels and issue certificates. 135.442 Correction of tonnage certificates. 135.443 Substance and form of tonnage certificates; blank certificates.

Subpart E-Rules Applying to Vessels of War, Other Than Army and Navy Transports, Colliers, Supply Ships, and Hospital Ships

135.481 135.482 135.483 Anchoring of warships to facilitate ascertainment of draft.

Tolls on warships levied upon actual displacement.

"Warships" defined.

135.484 Commander of warship to exhibit vessel's displacement scale and

curves.

135.485 Determination and expression of actual displacement of warships not supplied with displacement scale and curves.

135.486 Determining displacement of warship not supplied with displacement scale and curves.

Subpart F-Application and Interpretation of Rules

135.511 Application and interpretation of rules by Board of Admeasurement. AUTHORITY: The provisions of this Part 135 issued under 2 C.Z.C. 411(1), 76A Stat. 27.

SOURCE: The provisions of this Part 135 appear at 31 F.R. 12328, Sept. 16, 1966, unless otherwise noted.

NOTE: 135.1 to 135.511 appear in Presidential Proclamation 2248, 2 F.R. 2061, Aug. 28, 1937, continued in force by virtue of sec. 19 of Act Oct. 18, 1962, 76A Stat. 1, 700.

Subpart A-General Provisions § 135.1

Vessels generally to present tonnage certificate or be measured.

All vessels, American and foreign, except warships, floating drydocks, and dredges, including vessels of commerce and army and navy transports, colliers, supply ships, and hospital ships, applying for passage through the Panama Canal shall present a duly authenticated certificate stating the vessel's gross and net tonnage as determined by this part. Vessels of commerce, army and navy transports, colliers, supply ships, and

hospital ships without such certificate shall, before passing through the Canal, or before being allowed to clear therefrom, be measured, and shall have their gross and net tonnage determined in accordance with this part.

§ 135.2 Warships to present documents stating displacement tonnage.

All warships, American and foreign other than transports, colliers, supply ani hospital ships, shall present duly authenticated displacement scale and curves stating accurately the tonnage of displacement at each possible mean draft.

§ 135.3 Vessels included as supply ships, colliers, and warships.

It is to be understood that "supply ships" shall include army and navy ammunition ships, refrigerator ships, distilling ships, repair ships and tenders, as well as army and navy vessels used to transport general army and navy supplies; and that "colliers" shall include army and navy vessels used to transport coal or fuel oil; and that "warships" shall include armed coast guard vessels and vessels devoted to naval training purposes.

Subpart B-Determination of
Gross Tonnage

SPACES TO BE INCLUDED IN GROSS TONNAGE § 135.41 Spaces to be included, in gen

eral.

Gross tonnage as determined by this part shall express the total capacity of vessels, i.e., the exact cubical contents of all spaces below the upper deck and of all permanently covered and closed-in spaces on or above that deck, excepting such spaces as may be hereinafter permitted as exemptions from measurement. Gross tonnage shall include not only all permanently covered and closed-in spaces which are or may be used for stowing cargo and stores or for providing shelter and other comfort for passengers or crew, but also such spaces as are used, or are intended to be used, in navigating and serving the vessel.

§ 135.42 What spaces exempted.

Only such spaces as are specifically mentioned in §§ 135.81-135.88, shall be exempted from measurement. All other spaces shall be considered as closed in and shall be included in gross tonnage.

SPACES CONSIDERED PERMANENTLY COVERED

§ 135.61

AND CLOSED IN

Spaces considered permanently covered and closed in, in general. By permanently covered and closed-in spaces on or above the upper deck are to be understood all those which are separated off by decks or coverings, or fixed partitions, and which, therefore, represent an increase of capacity that is or may be used for the stowage of cargo, or for the berthing and accommodation of the passengers, the officers, or the crew. No break in a deck, nor any opening or openings in a deck or the covering of a space or in the partitions or walls of a space, nor the absence of a partition shall prevent a space from being measured and comprised in gross tonnage if means are provided for closing such a break, opening or openings, so that the spaces thus closed in be thereby better fitted for the transport of goods or passengers. The upper deck is the uppermost full length deck extending from stem to stern.

§ 135.62 Vessels having a "trunk" or "turret".

In the case of a vessel having a "trunk" or "turret", the deck forming the covering of the trunk or turret shall be considered the upper deck, and all spaces below that deck within the trunk or turret shall be considered as covered and closed in. The space within the turret or trunk shall be measured as are other between-deck spaces.

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Spaces considered as "permanently closed in" and spaces permitted to be exempted from measurement shall be determined solely by the provisions contained in this part, and not by any definitions or provisions contained in the measurement rules or regulations of any country.

SPACES EXEMPTED FROM MEASUREMENT AND GROSS TONNAGE

§ 135.81 Following spaces, only, exempted.

The following spaces shall be exempted from measurement and shall not be included in the gross tonnage, and no other space shall be exempted. § 135.82 Spaces on or above upper deck not permanently covered or closed in. Spaces on or above the upper deck not permanently covered or closed in, or

which may not be readily covered or closed in. In the application of this rule it will be understood that:

(a) Certain spaces under decks or coverings but permanently exposed. Spaces under decks or coverings having no other connection with the body of the ship than the stanchions necessary for their support are not spaces separated off, but are spaces permanently exposed to the weather and the sea and are not to be included in the gross tonnage.

(b) Certain spaces within a poop, forecastle, bridge house or other "permanently covered and closed in" superstructure or erection. A space within a poop, forecastle, bridge house, or other "permanently covered and closed-in" superstructure or erection may be considered as not permanently covered or closed in, and may consequently be excluded from tonnage, if the space is opposite an end opening which is not provided with means of closing, and which opening has a breadth equal to or greater than half the breadth of the deck at the line of the opening, and if the space opposite the opening cannot be used to shelter other merchandise than cargo or stores that do not require protection from the sea. If the opening is fitted with a coaming, the space within it is to be included in the gross tonnage if the coaming is more than 2 feet in height. This provision shall be so applied as to exempt from measurement 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 the width of the deck at the line of the opening, provided that any closed-in space between the open face and the line drawn parallel to it shall be measured. The remainder of the space within a poop, forecastle, bridge house, or other superstructure or erection shall be considered as available for the accommodation of cargo or stores, of passengers or of the ship's personnel, and shall be measured and included in the gross tonnage. (See figs. 1, 2, and 3, following § 135.86.)

(1) Should the open space within a poop, forecastle, bridge house, superstructure, or erection between the end opening and a parallel line distant from the opening by half the breadth of the deck become, because of any arrangement, except by convergence of fore and aft bulkheads, of less width than half the breadth of the deck, then only the space between the line of the end open

ing and a parallel line drawn through the point where the athwartship width of the open space within the poop, forecastle, bridge house, superstructure, or erection becomes equal to, or less than, half the breadth of the deck shall be exempted from measurement. (See figs. 4, 5, 6, and 7 following § 135.86.) The remainder of the space within the poop, forecastle, bridge house, superstructure, or erection is to be included in the gross tonnage.

(2) When two erections extending from side to side of the ship are separated by an interval the fore-and-aft length of which is less than the least half breadth of the deck in way of such interval, then whatever be the breadth of the permanent end openings of the erections the entire erections, less the interval separating them, shall be measured and included in the gross tonnage. (See fig. 8 following § 135.86.)

(c) Certain space within a poop, forecastle bridge house or other "permanently covered and closed in" superstructure or erection. In a poop, forecastle, side-to-side bridge house, or other "permanently covered and closed-in" superstructure or side-to-side erection the space directly in way of opposite openings, the height of which is at least 3 feet, in the side wall of the ship not provided with means of closing and corresponding to each other in the opposite walls of the ship shall be exempted. (See figs. 9 and 10 following § 135.86.) Passages running fore-and-aft abreast the engine-room casing and open at both ends shall not be exempted. The deck erection including same shall be considered a side-to-side erection provided its outboard sides are flush with the hull of the vessel.

§ 135.83

Certain spaces in way of opposite side openings and not provided with means of closing.

Spaces in way of opposite side openings at least 3 feet in height not provided with means of closing shall be exempted. In the case of a continuous deck with one or more deck openings (usually designated as tonnage openings) that may be so closed as to permit cargo or stores to be carried in the space under the deck, or under portions thereof, only the spaces under such a deck that are exactly in way of opposite openings at least 3 feet in height in the side walls of the ship not provided with means of closing and corresponding to each other in the

opposite walls of the ship shall be exempted; and the remaining spaces under such a deck shall be measured and included in gross tonnage. In case the openings in the side walls of the ship are provided with means of closing no portion of the space under such a deck shall be exempted. (See fig. 11 following § 135.86.)

§ 135.84

Certain spaces framed in around funnels and spaces required for admission of light and air into engine rooms.

The spaces framed in around the funnels and the spaces required for the admission of light and air into the engine rooms shall be exempted from measurement to the extent that such spaces are above the deck or covering of the first or lowest tier of side-to-side erections, if any, on the upper deck as defined in §§ 135.61-135.63. A deck with one or more deck openings (usually designated as tonnage openings) that may be so closed as to permit cargo or stores to be carried in the space under the deck or portions thereof would be considered as the upper deck. There shall, however, be measured and included within gross tonnage the spaces situated within closed-in side-to-side erections on the upper deck, spaces framed in around the funnels and those required for the admission of light and air to the extent that such light and air and funnel spaces are below the deck or covering of the first or lowest tier of such side-to-side erections on the upper deck. There shall be exempted from the measurement of any superstructure or erection situated above the first or lowest tier of side-to-side erections on the upper deck such portion or portions thereof as are occupied by the spaces framed in around the funnels or by the spaces required for the admission of light and air into the engine rooms. Such exempted spaces must not be used for any other than their designated purpose and must be reasonable in extent. § 135.85 Certain spaces between inner

and outer plating of double bottom. Space or spaces between the inner and outer plating of the double bottom of a vessel shall be exempted from measurement, except when used, designated or intended for carrying cargo; but the tonnage of such spaces within the double bottom as are or may be used for carrying cargo, shall be determined and inIcluded in the gross tonnage. The ton

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