PROCLAMATIONS PANAMA CANAL TOLL RATES BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS section 411 of title 2 of the Canal Zone Code, approved June 19, 1934, authorizes the President to prescribe and from time to time change the tolls that shall be levied by the Government of the United States for the use of the Panama Canal, and provides that no tolls when so prescribed shall be changed unless six months' notice thereof is given by the President by proclamation; and WHEREAS section 412 of title 2 of the said Code requires the President to determine the tonnage of vessels on which toll charges for the use of the Panama Canal shall be based, and fixes maximum and minimum rates of tolls; and WHEREAS the act entitled "An Act to provide for the measurement of vessels using the Panama Canal, and for other purposes" approved August 24, 1937, which amends the said section 412 and which by its terms becomes effective March 1, 1938, provides, in part, that the tonnage on which tolls shall be based shall be determined in accordance with the Rules for the Measurement of Vessels for the Panama Canal prescribed by the President, and fixes maximum and minimum rates of toll: NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority vested in me by the aforesaid section 411 of title 2 of the Canal Zone Code, approved June 19, 1934, do hereby prescribe and proclaim the following rates of toll to be paid by vessels using the Panama Canal: 1. On merchant vessels, yachts, army and navy transports, colliers, hospital ships, and supply ships, when carrying passengers and cargo, ninety (90) cents per net-vessel ton of 100 cubic feet each of actual earning capacity that is, the net tonnage determined in accordance with the Rules for the Measurement of Vessels for the Panama Canal. 2. On vessels in ballast without passengers or cargo, seventy-two (72) cents per net-vessel ton. 3. On other floating craft, including warships, other than transports, colliers, hospital ships, and supply ships, fifty (50) cents per ton of displacement. Effective date. The tolls prescribed by this Proclamation shall become effective on March 1, 1938, and on that date shall supersede the tolls prescribed tion superseded. by Proclamation No. 1225 of November 13, 1912. 37 Stat. 1769. 371 IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the City of Washington this 25th day of August, in the year of our Lord nineteen hundred and thirty-seven [SEAL] and of the independence of the United States of America the one hundred and sixty-second. By the President, CORDELL HULL Secretary of State. FRANKLIN D ROOSEVELT August 25, 1937 [No. 2248] Rules for the measurement of vessels for the Panama Canal. 48 Stat. 1122. Basis of measurement. 50 Stat. 750. Rules prescribed. Effective date. Rules superseded. 38 Stat. 1968. RULES FOR THE MEASUREMENT OF VESSELS FOR THE PANAMA CANAL BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS section 412 of title 2 of the Canal Zone Code approved June 19, 1934, requires the President to determine the tonnage of vessels upon which toll charges for the use of the Panama Canal shall be based; and WHEREAS the act entitled "An Act to provide for the measurement of vessels using the Panama Canal, and for other purposes", approved August 24, 1937, which amends the said section 412 and which by its terms becomes effective March 1, 1938, provides, in part, that tolls on merchant vessels, army and navy transports, colliers, hospital ships, supply ships, and yachts shall be based on net-vessel tons of 100 cubic feet each of actual earning capacity determined in accordance with the Rules for the Measurement of Vessels for the Panama Canal prescribed by the President and as may be modified by him from time to time by proclamation after public hearings and six months' public notice: NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, acting under and by virtue of the authority vested in me by the aforesaid section 412 of title 2 of the Canal Zone Code, approved June 19, 1934, do hereby prescribe and proclaim the Rules for the Measurement of Vessels for the Panama Canal which are annexed hereto and made a part of this proclamation. The Rules for the Measurement of Vessels for the Panama Canal prescribed by this proclamation shall become effective on March 1, 1938, and shall on that date supersede the Rules prescribed by Proclamation No. 1258 of November 21, 1913. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the City of Washington this 25th day of August, in the year of our Lord nineteen hundred and thirty-seven and [SEAL] of the Independence of the United States of America the one hundred and sixty-second. By the President, CORDELL HULL Secretary of State. FRANKLIN D ROOSEVELT RULES FOR THE MEASUREMENT OF VESSELS EFFECTIVE MARCH 1, 1938. ALL VESSELS TO PRESENT TONNAGE DOCUMENT AT CANAL All vessels to pre ment at Canal. 1. ARTICLE I. All vessels, American and foreign, except warships, floating drydocks, and dredges, including vessels of commerce and sent tonnage docuArmy 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 these rules. 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 these rules. Displacement scale 2. All warships, American and foreign, other than transports, colliers, supply and hospital ships, shall present duly authenticated and curves. displacement scale and curves stating accurately the tonnage of displacement at each possible mean draft. VESSELS DESIGNATED AS "SUPPLY SHIPS", "COLLIERS", AND "WARSHIPS” 3. 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. GROSS TONNAGE SPACES TO BE INCLUDED IN GROSS TONNAGE Gross "Supply ships", "colliers", and "warships." Vessels included. Gross tonnage. Spaces to be in 4. ART. II. Gross tonnage as determined by these rules shall express the total capacity of vessels, i. e., the exact cubical contents of all cluded. 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. 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. 5. Only such spaces as are specifically mentioned in article IV, below, shall be exempted from measurement. All other All other spaces shall be considered as closed in and shall be included in gross tonnage. SPACES CONSIDERED PERMANENTLY COVERED AND CLOSED IN Post, p. 374. Spaces considered permanently covered 6. ART. III. By permanently covered and closed-in spaces on or above the upper deck are to be understood all those which are sep- and closed-in. arated 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 Spaces exempted from measurement and gross tonnage. Upper deck, etc. Fost, p. 375. Fest, pp. 375-376. 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. 7. 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. 8. Spaces considered as "permanently closed in" and spaces permitted to be exempted from measurement shall be determined solely by the provisions contained in these rules, and not by any definitions or provisions contained in the measurement rules or regulations of any country. SPACES EXEMPTED FROM MEASUREMENT AND GROSS TONNAGE 9. ART. IV. The following spaces shall be exempted from measurement and shall not be included in the gross tonnage, and no other spaces shall be exempted: 10. SECTION 1. 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) 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) 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.) 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 opening 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.) The remain |