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Subpart D-Sabotage and Subversive Activity cure the vessel from damage or injury, Sec.

or to prevent damage or injury to any 129.121 Reporting of sabotage and subver

vessel where waterfront facility or waters sive activity.

of the Canal Zone, or to secure the ob129.122 Precautions against sabotage.

servance of rights and obligations of the

United States. Subpart - Penalties 129.161 Penalties for violations.

$ 129.6 Assistance of other agencies. AUTHORITY: The provisions of this part The Governor may enlist the aid and 129 issued by President under 50 U.S.C. 191. cooperation of Federal and private SOURCE: The provisions of this part 129

agencies to assist in the enforcement of appear at 31 F.R. 12324, Sept. 16, 1966, unless

the regulations of this part and of all otherwise noted.

orders issued, and actions taken, under

this part. NOTE: Part 129 appears in E.O. 10226, 16 F.R. 2682, March 27, 1961, and formerly con Subpart B-Identification and Exclustituted Part 19 of this chapter.

sion of Persons From Vessels and Subpart A-General Provisions

Waterfront Facilities $ 129.1 Definition.

$ 129.41 Access to vessels and waterAs used in this part, "waterfront facil

front facilities. ity” means all piers, wharves, docks, A person on board a vessel or person Canal locks, and similar structures to seeking access to a vessel or a waterfront which vessels may be secured, buildings facility within the Canal Zone may be on such structures or contiguous to required to carry identification credenthem, and equipment and materials on tials issued by or otherwise satisfactory such structures or in such buildings. to the Governor. The Governor may

define and designate those categories of $ 129.2 Enforcement.

vessels and areas of the waterfront This part shall be enforced by the Gov

wherein such credentials are required. ernor through such officers, employees, or agencies as he designates.

$ 129.42 Identification credentials.

The identification credential to be used $ 129.3 Preventing access of persons,

by the Governor shall be known as the articles or things to vessels or waterfront facilities.

Canal Zone Port Security Card, and the

form of the credential, and the condiThe Governor may prevent a person,

tions and the manner of its issuance article or thing from boarding or being

shall be as prescribed by the Governor. taken on board a vessel or entering or

The Governor may not issue a Canal being taken into a waterfront facility

Zone Port Security Card if he is satisfied when he deems that the presence of the

that the character and habits of life of person, article or thing would be inimical

the applicant therefor are such as to auto the purposes set forth in § 129.5.

thorize the belief that the presence of $ 129.4 Visitation and search.

the individual on board a vessel or with

in a waterfront facility would be inimical The Governor may cause to be in

to the security of the United States. The spected and searched at any time a vessel

Governor shall revoke and require the or waterfront facility or a person, article

surrender of a Canal Zone Port Security or thing thereon, within the Canal Zone,

Card when he is no longer satisfied that may place guards upon any such vessel and waterfront facility and may remove

the holder is entitled thereto. The Govtherefrom any or all persons, articles or

ernor may recognize for the same purthings not specifically authorized by him pose such other credentials as he may to go or to remain thereon.

designate in lieu of the Canal Zone Port

Security Card. $ 129.5 Possession and control of vessels.

$ 129.43 Appeals. The Governor may supervise and con Persons who are refused employment trol the movement of any vessel and shall or who are refused the issuance of docutake full or partial possession or control ments or who are required to surrender of any vessel or any part thereof, within such documents, under this part, have the Canal Zone whenever it appears to the right of appeal, and the Governor him that the action is necessary to se shall appoint a Board for acting on such

appeals. The Board shall, so far as practicable, include one member drawn from management, and one member drawn from labor. The Board shall consider each appeal brought before it and, in recommending final action to the Governor, shall insure the appellant all fairness consistent with the safeguarding of the national security. Subpart C--Supervision and Control

of Explosives or Other Dangerous

Cargo $ 129.81 General supervision and con

trol. The Governor may supervise and control the transportation, handling, loading, discharging, stowage, or storage of explosives, flammable or combustible liquids in bulk, or other dangerous articles or cargo covered by the provisions in Part 113 of this chapter. § 129.82 Approval of facility for dan

gerous cargo. 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 D-Sabotage and Subversive

Activity $ 129.121 Reporting of sabotage and

subversive activity. Evidence of sabotage or subversive activity involving or endangering any vessel, harbor, port, or waterfront facility shall be reported immediately to the Governor or his representatives. § 129.122 Precautions against sabotage.

The master, owner, agent, or operator of a vessel or waterfront facility shall take all necessary precautions to protect the vessel, waterfront facility, and cargo from sabotage.

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.

PART 131–NEUTRALITY OF CANAL Sec. 131.1 Definitions. 131.2 Passage through Canal of vessel of

war or auxiliary vessel of bel

ligerent. 131.3 Taking of stores in Canal Zone; tran

sit without delay. 131.4 Receiving fuel or lubricants in Canal

Zone; written authorization. 131.5 Same; declaration required. 131.6 Amounts of fuel or lubricants; pro

visions furnished by contractors. 131.7 Embarking or disembarking troops

or munitions. 131.8 Restrictions as to length of stay in

Canal Zone waters. 131.9 Restriction as to number of vessels

of a belligerent in Canal Zone

waters. 131.10 Restrictions on use of repair facili

ties and docks. 131.11 Restrictions on use of radio installa

tions of belligerent vessels. 131.12 Aircraft of a belligerent. 131.13 Use of Canal denied to vessels of

enemy.

AUTHORITY: The provisions of this part as may result from the necessities of the 131 issued by President pursuant to au service. thorities vested in him as President.

(b) Prizes shall be in all respects subSOURCE: The provisions of this Part 131 ject to the same rules as vessels of war appear at 31 F.R. 12326, Sept. 16, 1966, unless of a belligerent. otherwise noted.

§ 131.4 NOTE: Part 131 appears in Presidential

Receiving fuel or lubricants in

Canal Zone; written authorization. Proclamation No. 1371, May 23, 1917. § 131.1 Definitions.

A vessel of war or auxiliary vessel of a

belligerent, other than the United States, For the purposes of this part:

may not receive fuel or lubricants while (a) “Auxiliary vessel” means any ves within the territorial waters of the Canal sel, belligerent or neutral, armed or un

Zone, except on the written authorizaarmed, which does not fall under the

tion of the Canal authorities, specifying definition in paragraph (b) of this sec

the amount of fuel and lubricants which tion, which is employed as a transport

may be received. or fleet auxiliary or in any other way for the direct purpose of prosecuting or

$ 131.5 Same; declaration required. aiding hostilities, whether by land or sea; Before issuing an authorization for the but a vessel fitted up and used exclusively receipt fuel and lubricant by a ve as a hospital ship is excepted.

of war or auxiliary vessels of a bellig(b) "Vessel of war” means a public erent, other than the United States, the armed vessel, under the command of an Canal authorities shall obtain a written oficer duly commissioned by the gov declaration, duly signed by the officer ernment, whose name appears on the commanding the vessel, stating the List of officers of the military fleet, and amount of fuel and lubricant already the crew of which are under regular on board. naval discipline, which vessel is qualified by its armament and the character of

$ 131.6 Amounts of fuel or lubricants; its personnel to take offensive action

provisions furnished by contractors. against the public or private ships of the

Fuel and lubricants may be taken on enemy.

board vessels of war or auxiliary vessels

of a belligerent, other than the United $ 131.2 Passage through Canal of vessel

States, only upon permission of the of war or auxiliary vessel of bellig

Canal authorities, and then only in such erent.

amounts as will enable them, with the (a) A vessel of war or an auxiliary fuel and lubricants already on board, to vessel of a belligerent, other than the reach the nearest accessible port, not an United States, may only be permitted to enemy port, at which they can obtain pass through the Canal after her com supplies necessary for the continuation manding officer has given written assur

of the voyage. Provisions furnished by ance to the authorities of the Panama contractors may be supplied only upon Canal that the rules and regulations will

permission of the Canal authorities, and be faithfully observed.

then only in amount suficient to bring (b) The Canal authorities shall take

up their supplies to the peace standard. such steps as may be requisite to insure the observance of the rules and regula

$ 131.7 Embarking disembarking tions by auxiliary vessels which are not

troops or munitions. commanded by an officer of the military A belligerent, other than the United fleet.

States, may not embark or disembark

troops, munitions of war, or warlike ma§ 131.3 Taking of stores in Canal Zone; transit without delay.

terials in the Canal, except in case of

necessity due to accidental hindrance of (a) Except so far as may be strictly

the transit. In such cases the Canal necessary, vessels of war or auxiliary

authorities shall be the judge of the vessels of a belligerent, other than the

necessity, and the transit shall be reUnited States, may not revictual nor take

sumed with all possible dispatch. any stores in the Canal. The transit of such vessels through the Canal shall be § 131.8 Restrictions as to length of stay effected with the least possible delay in

in Canal Zone waters. accordance with the Canal regulations in Vessels of war or auxiliary vessels of a force, and with only such intermission belligerent, other than the United States,

or

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may not remain in the territorial waters of the Canal Zone longer than 24 hours at any one time, except in case of distress; and in such case, shall depart as soon as possible. $ 131.9 Restriction as to number of ves

sels of a belligerent in Canal Zone

waters. 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 in

stallations 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. § 131.12 Aircraft of a belligerent.

Aircraft, public or private, of a belligerent, other than the United States, are forbidden to descend or arise within the jurisdiction of the United States at the Canal Zone, or to pass through the air spaces above the lands and waters within such jurisdiction.

Subpart A-Rates of Toll Sec. 133.1 Rates of toll.

Subpart B-Levying of Tolls 133.31 Measurement of vessels; vessels to

secure tonnage certificate. 133.32 Measurement of vessels; making and

correction of measurement; plans

and copies. 133.33 Measurement of vessels; temporary

retention of certificate at Canal. 133.34 Tolls for vessels in ballast. 133.35 Tolls exemption for vessels transit

ing for repairs. 133.36 Tolls for vessels making partial

transit and return. 133.37 Partial transits by small vessels. Subpart C-Payment of Tolls and Other

Vessel Charges 133.71 Time of making payment. 133.72 Same; exception; vessels operated by

the United States. 133.73 Payment to be in cash. 133.74 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; 88 133.33 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 g 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

virtue of sec. 19 of Oct. 18, 1962, 76A Stat. 8 133.34 Tolls for vessels in ballast. 1, 700.

In order for a vessel to secure the reSubpart A-Rates of Toll

duced rate of toll for vessels in ballast § 133.1 Rates of toll.

without passengers or cargo, the volume

of the fuel on board for its own consumpThe following rates of toll shall be paid tion must not exceed 125 percent of the by vessels using the Panama Canal: volume of its engine room as measured

(a) On merchant vessels, yachts, army and as shown on its Panama Canal tonand navy transports, colliers, hospital nage certificate. ships, and supply ships, when carrying

§ 133.35 Tolls exemption for vessels passengers or cargo, 90 cents per net

transiting for repairs. vessel ton of 100 cubic feet each of actual earning capacity—that is, the net ton Vessels transiting and re-transiting nage determined in accordance with the Panama Canal by prearrangement Part 135 of this chapter.

with the Canal authorities for the sole (b) On vessels in ballast without pas purpose of having repairs made at the sengers or cargo, 72 cents per net-vessel drydocks or shops operated by the Canal ton.

Company shall be exempt from the pay(c) On other floating craft including ment of tolls but shall pay charges for warships, other than transports, colliers, pilotage, towage, and other services inhospital ships, and supply ships, 50 cents cidental to such transits, at rates to be per ton of displacement.

determined from time to time by the

Panama Canal Company: Provided, Subpart B--Levying of Tolls

however, That in case a vessel, after hav§ 133.31 Measurement of vessels; ves

ing made a transit for repairs as prosels to secure tonnage certificate. vided in this section, shall fail to The rules for the measurement of ves

retransit the Canal to the point of besels are fixed by Part 135 of this chapter.

ginning, or shall, at the point of terminaVessels desiring to transit the Canal shall

tion of the original transit, receive or

discharge cargo, passengers, mail, or rovide themselves with the proper ton

baggage, or accomplish any other purnage certificate based upon such rules.

pose, other than to obtain repairs, for § 133.32 Measurement of vessels; mak which vessels usually transit the Canal,

ing and correction of measurement; tolls shall be collected for the transit plans and copies.

at the prescribed rates before such vessel Measurements may be made and the shall be given a clearance and be perrequired certificate issued by the ad

mitted to proceed. measurers of the Canal, by collectors

§ 133.36 Tolls for vessels making partial of customs in the larger seaports of

transit and return. the United States, and by certain properly designated officials abroad. Each

Vessels passing through the locks at

either end of the Panama Canal and retransiting vessel should be provided with a full set of plans and a copy of the meas

turning to the original point of entry urements which were made at the time

without passing through the locks at the of issue of its national tonnage certifi

other end of the Canal, shall pay the tolls cate, as well as the tonnage certificate

prescribed for a single passage through

the Canal. In case such vessels carry itself. The Canal authorities shall have the right to check and correct any meas

cargo or passengers either in passing or

returning through the locks, the rate of urement made or certificate issued else

tolls on laden vessels shall apply. where.

§ 133.37 Partial transits by small vessels. § 133.33 Measurement of vessels; temporary retention of certificate at

Section 133.36 shall not be interpreted Canal.

as authorizing vessels less than 65 feet in A vessel's Panama Canal tonnage cer

length, or barges, or rafts of any size not

on regular transit schedules and not tificate will be taken up by the admeas

paying tolls, to navigate the waters of any urer and retained at the Canal. The

locks, or of Gillard Cut to or from Gatun official Panama Canal Tonnage Certifi Lake in partial transit of the Canal; specate will be delivered to the vessel or to cific authority of the Governor must be the owner or agent of the vessel after obtained through the Marine Director completion.

for each such partial transit.

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