Subpart D-Sabotage and Subversive Activity Sec. 129.121

Reporting of sabotage and subversive activity.

129.122 Precautions against sabotage.

Subpart E-Penalties

129.161 Penalties for violations.

AUTHORITY: The provisions of this Part 129 issued by President under 50 U.S.C. 191.

SOURCE: The provisions of this Part 129 appear at 31 F.R. 12324, Sept. 16, 1966, unless otherwise noted.

NOTE: Part 129 appears in E.O. 10226, 16 F.R. 2682, March 27, 1961, and formerly constituted Part 19 of this chapter.

Subpart A-General Provisions

As used in this part, "waterfront facil- ́ ity" means all piers, wharves, docks, Canal locks, and similar structures to which vessels may be secured, buildings on such structures or contiguous to them, and equipment and materials on such structures or in such buildings.

§ 129.2 Enforcement.

This part shall be enforced by the Governor through such officers, employees, or agencies as he designates.

§ 129.3 Preventing access of persons, articles or things to vessels or waterfront facilities.

The Governor may prevent a person, article or thing from boarding or being taken on board a vessel or entering or being taken into a waterfront facility when he deems that the presence of the person, article or thing would be inimical to the purposes set forth in § 129.5. § 129.4 Visitation and search.

The Governor may cause to be inspected and searched at any time a vessel or waterfront facility or a person, article or thing thereon, within the Canal Zone, may place guards upon any such vessel and waterfront facility and may remove therefrom any or all persons, articles or things not specifically authorized by him to go or to remain thereon.

§ 129.5 Possession and control of vessels.

The Governor may supervise and control the movement of any vessel and shall take full or partial possession or control of any vessel or any part thereof, within the Canal Zone whenever it appears to him that the action is necessary to se

cure the vessel from damage or injury, or to prevent damage or injury to any vessel where waterfront facility or waters of the Canal Zone, or to secure the observance of rights and obligations of the United States.

§ 129.6 Assistance of other agencies.

The Governor may enlist the aid and cooperation of Federal and private agencies to assist in the enforcement of the regulations of this part and of all orders issued, and actions taken, under this part.

Subpart B-Identification and Exclusion of Persons From Vessels and Waterfront Facilities

§ 129.41

Access to vessels and waterfront facilities.

A person on board a vessel or person seeking access to a vessel or a waterfront facility within the Canal Zone may be required to carry identification credentials issued by or otherwise satisfactory to the Governor. The Governor may define and designate those categories of vessels and areas of the waterfront wherein such credentials are required. § 129.42

Identification credentials.

The identification credential to be used by the Governor shall be known as the Canal Zone Port Security Card, and the form of the credential, and the conditions and the manner of its issuance shall be as prescribed by the Governor. The Governor may not issue a Canal Zone Port Security Card if he is satisfied that the character and habits of life of the applicant therefor are such as to authorize the belief that the presence of the individual on board a vessel or within a waterfront facility would be inimical to the security of the United States. The Governor shall revoke and require the surrender of a Canal Zone Port Security Card when he is no longer satisfied that the holder is entitled thereto. The Governor may recognize for the same purpose such other credentials as he may designate in lieu of the Canal Zone Port Security Card.

§ 129.43 Appeals.

Persons who are refused employment or who are refused the issuance of documents or who are required to surrender such documents, under this part, have the right of appeal, and the Governor shall appoint a Board for acting on such

The Governor may designate waterfront facilities for the handling and storage of, and for vessel loading and discharging of explosives, flammable or combustible liquids in bulk, or other dangerous articles or cargo covered by the regulations referred to in § 129.81, and may require the owners, operators, masters, and others concerned to secure permits for handling, storage, loading, and unloading from the Governor, conditioned upon the fulfillment of such requirements for the safeguarding of such waterfront facilities and vessels as the Governor prescribes.

Subpart E-Penalties

§ 129.161 Penalties for violations. Section 2 Title II of the act of June 15, 1917, as amended, 50 U.S.C. 192, provides as follows:

If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this title [title II of 1917 Act], or obstructs or interferes with the exercise of any power conferred by this title, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.

(a) If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this title, or knowingly obstructs or interferes with the exercise of any power conferred by this title, he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000.

CROSS REFERENCE: Title II of act of June 15, 1917, is classified to 50 U.S.C. 191, 192, 194. A former section thereof, which was classified to 50 U.S.C. 193, was repealed by act June 25, 1948, ch. 645, 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by 18 U.S.C. 2274.

Subpart D-Sabotage and Subversive

Taking of stores in Canal Zone; transit without delay.

Activity

131.4

Receiving fuel or lubricants in Canal Zone; written authorization. Same; declaration required. Amounts of fuel or lubricants; provisions furnished by contractors. Embarking or disembarking troops or munitions.

Restrictions as to length of stay in Canal Zone waters.

Restriction as to number of vessels of a belligerent in Canal Zone waters.

Restrictions on use of repair facilities and docks.

Restrictions on use of radio installations of belligerent vessels.

Aircraft of a belligerent.

Use of Canal denied to vessels of enemy.

For the purposes of this part:

(a) "Auxiliary vessel" means any vessel, belligerent or neutral, armed or unarmed, which does not fall under the definition in paragraph (b) of this section, which is employed as a transport or fleet auxiliary or in any other way for the direct purpose of prosecuting or aiding hostilities, whether by land or sea; but a vessel fitted up and used exclusively as a hospital ship is excepted.

(b) "Vessel of war" means a public armed vessel, under the command of an officer duly commissioned by the government, whose name appears on the list of officers of the military fleet, and the crew of which are under regular naval discipline, which vessel is qualified by its armament and the character of its personnel to take offensive action against the public or private ships of the enemy.

§ 131.2 Passage through Canal of vessel of war or auxiliary vessel of bellig

erent.

(a) A vessel of war or an auxiliary vessel of a belligerent, other than the United States, may only be permitted to pass through the Canal after her commanding officer has given written assurance to the authorities of the Panama Canal that the rules and regulations will be faithfully observed.

(b) The Canal authorities shall take such steps as may be requisite to insure the observance of the rules and regulations by auxiliary vessels which are not commanded by an officer of the military fleet.

§ 131.3 Taking of stores in Canal Zone; transit without delay.

(a) Except so far as may be strictly necessary, vessels of war or auxiliary vessels of a belligerent, other than the United States, may not revictual nor take any stores in the Canal. The transit of such vessels through the Canal shall be effected with the least possible delay in accordance with the Canal regulations in force, and with only such intermission

§ 131.5

Same; declaration required.

Before issuing an authorization for the receipt of fuel and lubricant by a vessel of war or auxiliary vessels of a belligerent, other than the United States, the Canal authorities shall obtain a written declaration, duly signed by the officer commanding the vessel, stating the amount of fuel and lubricant already on board.

§ 131.6 Amounts of fuel or lubricants; provisions furnished by contractors. Fuel and lubricants may be taken on board vessels of war or auxiliary vessels of a belligerent, other than the United States, only upon permission of the Canal authorities, and then only in such amounts as will enable them, with the fuel and lubricants already on board, to reach the nearest accessible port, not an enemy port, at which they can obtain supplies necessary for the continuation of the voyage. Provisions furnished by contractors may be supplied only upon permission of the Canal authorities, and then only in amount sufficient to bring up their supplies to the peace standard. § 131.7 Embarking or disembarking troops or munitions.

A belligerent, other than the United States, may not embark or disembark troops, munitions of war, or warlike materials in the Canal, except in case of necessity due to accidental hindrance of the transit. In such cases the Canal authorities shall be the judge of the necessity, and the transit shall be resumed with all possible dispatch.

§ 131.8 Restrictions as to length of stay in Canal Zone waters.

Vessels of war or auxiliary vessels of a belligerent, other than the United States,

In the exercise of the exclusive right of the United States to provide for the regulation and management of the Canal, and to ensure that the Canal shall be kept free and open on terms of entire equality to vessels of commerce and of war, there may not be, except by special arrangement, at any one time a greater number of vessels of war of any one nation, other than the United States, including those of the allies of such nation, than three in either terminal port and its adjacent terminal waters, or than three in transit through the Canal; nor shall the total number of such vessels, at any one time, exceed six in all the territorial waters of the Canal Zone.

§ 131.10 Restrictions on use of repair facilities and docks.

The repair facilities and docks belonging to the United States and administered by the Canal authorities may not be used by a vessel of war or an auxiliary vessel of a belligerent, other than the United States, except when necessary in case of actual distress, and then only upon the order of the Canal authorities, and only to the degree necessary to render the vessel seaworthy. Any work authorized shall be done with the least possible delay.

§ 131.11 Restrictions on use of radio installations of belligerent vessels.

The radio installation of a public or private vessel or of any auxiliary vessel of a belligerent, other than the United States, inay be used only in connection with Canal business to the exclusion of all other business while within the waters of the Canal Zone.

133.73 133.74

Time of making payment. Same; exception; vessels operated by the United States.

Payment to be in cash.

Same; exception; payment secured by deposit of cash or bonds. 133.75 To whom payment is to be made.

AUTHORITY: The provisions of §§ 133.1, 133.31, 133.32, 133.34-133.36 and 133.71133.75 issued under 2 C.Z.C. 411 (2), 76A Stat. 27; §§ 133.33 and 133.37 issued under authority vested in President by 2 C.Z.C. 1331 76A Stat. 46, and delegated to Secretary of Army by § 3.1(a)(1) of this chapter.

SOURCE: The provisions of this Part 133 appear at 31 F.R. 12326, Sept. 16, 1966, unless otherwise noted.

NOTE: 133.1; Presidential Proc. 2247, 2 F.R. 2061, Aug. 25, 1937, as amended by Presidential Proc. 2249, 2 F.R. 2099, Aug. 31, 1937, §§ 133.31, 133.32; Rules 14, 15, E.O. 4314, Sept. 25, 1925. § 133.34: Rule 16 E.O. 4314, Sept. 25, 1925; §§ 133.35, 133.36. E.O. 8068, 4 F.R. 1258, Mar. 21, 1939. §§ 133.71-133.75; Resolution of Board of Directors, Panama Canal Company, Oct. 9, 1954. Provisions of Presidential Proc. and E.O. continue in force by

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, 90 cents per netvessel ton of 100 cubic feet each of actual earning capacity-that is, the net tonnage determined in accordance with Part 135 of this chapter.

(b) On vessels in ballast without passengers or cargo, 72 cents per net-vessel ton.

(c) On other floating craft including warships, other than transports, colliers, hospital ships, and supply ships, 50 cents per ton of displacement.

Subpart B-Levying of Tolls

§ 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 the proper tonnage certificate based upon such rules. § 133.32 Measurement of vessels; making and correction of measurement; plans and copies.

Measurements may be made and the required certificate issued by the admeasurers of the Canal, by collectors of customs in the larger seaports of the United States, and by certain properly designated officials abroad. Each transiting vessel should be provided with a full set of plans and a copy of the measurements which were made at the time of issue of its national tonnage certificate, as well as the tonnage certificate itself. The Canal authorities shall have the right to check and correct any measurement made or certificate issued elsewhere.

§ 133.35

Tolls exemption for vessels transiting for repairs.

Vessels transiting and re-transiting the Panama Canal by prearrangement with the Canal authorities for the sole purpose of having repairs made at the drydocks or shops operated by the Canal Company shall be exempt from the payment of tolls but shall pay charges for pilotage, towage, and other services incidental to such transits, at rates to be determined from time to time by the Panama Canal Company: Provided, however, That in case a vessel, after having made a transit for repairs as provided in this section, shall fail to retransit the Canal to the point of beginning, or shall, at the point of termination of the original transit, receive or discharge cargo, passengers, mail, or baggage, or accomplish any other purpose, other than to obtain repairs, for which vessels usually transit the Canal, tolls shall be collected for the transit at the prescribed rates before such vessel shall be given a clearance and be permitted to proceed.

§ 133.36

Tolls for vessels making partial transit and return.

Vessels passing through the locks at either end of the Panama Canal and returning to the original point of entry without passing through the locks at the other end of the Canal, shall pay the tolls prescribed for a single passage through the Canal. In case such vessels carry cargo or passengers either in passing or returning through the locks, the rate of tolls on laden vessels shall apply.

§ 133.37 Partial transits by small vessels.

Section 133.36 shall not be interpreted as authorizing vessels less than 65 feet in length, or barges, or rafts of any size not on regular transit schedules and not paying tolls, to navigate the waters of any locks, or of Gillard Cut to or from Gatun Lake in partial transit of the Canal; specific authority of the Governor must be obtained through the Marine Director for each such partial transit.