Page images

navigation, power transmission and distribution, telephone service, water and sewerage facilities, etc.;

(2) The inspection, maintenance, repair, modification, or replacement of facilities or installations of such agencies; and

(3) The installation of any additional services or utilities determined by either of such agencies as necessary to be installed. 5.83 Return of lands to Canal Zone

Government. Any land included within the area of an Army, Navy, Air Force, or other military reservation within the Canal Zone, which, as the result of a later amendment, revision or re-description of the boundaries of the reservation, is excluded from such area, shall thereby, unless it is otherwise provided in the order of amendment, revision or re-description, be released and returned to the jurisdiction and control of the Canal Zone Government.



OF 1964, AS AMENDED Sec. 7.1 Definitions. 7.2 Scope. 7.3 Claimants. 7.4 Conditions. 7.5 Principal types of claims payable. 7.6 Principal types of claims not payable. 7.7 Types and quantity of property. 7.8 Computation of award. 7.9 Claims procedure. 7.10 Supporting papers. 7.11 Settlement. 7.12 Agents' or attorneys' fees. 7.13 Reports to Congress.

AUTHORITY: The provisions of this Part 7 issued under sec. 3, 78 Stat. 767; 31 U.S.C. 241.

SOURCE: The provisions of this part 7 appear at 31 F.R. 12406, Sept. 17, 1966, unless otherwise noted. $ 7.1 Definitions.

As used in this part:

(a) “The Act" means the 'Military Personnel and Civilian Employees'

Claims Act of 1964, as amended (78 Stat. 767; 79 Stat. 789);

(b) "Employee" means an employee of the Panama Canal Company or of the Canal Zone Government, and includes a member of the uniformed services assigned to duty with either of such agencies;

(c) "Government” means the Canal Zone Government or the Panama Canal Company, or both, unless the context indicates a broader meaning;

(d) “Comptroller" means the Comptroller of the Panama Canal Company acting for and in behalf of that agency or for and in behalf of the Canal Zone Government, as the case may be;

(e) “General Auditor" means the General Auditor of the Panama Canal Company acting for and in behalf of that agency or for and in behalf of the Canal Zone Government, as the case may be;

(f) “Chief, Claims Branch" means the Chief, Claims Branch of the General Audit Division of the Panama Canal Company acting for and in behalf of that agency or for and in behalf of the Canal Zone Government, as the case may be. $ 7.2 Scope.

The Act authorizes the settlement of employees' claims arising after August 31, 1964, for the loss of or damage to personal property which occurs incident to Government service. To be allowable a claim must be substantiated and the possession of the property must be determined to have been reasonable, useful, or proper under the circumstances. The maximum amount allowable on any claim is $6,500. In lieu of a cash settlement property may be replaced in kind at the option of the Government. $ 7.3 Claimants.

A claim may be filed by an employee or in his name by his spouse, as authorized agent, or by any other authorized agent or legal representative of the employee. If the employee is dead, the claim may be filed by his (a) spouse, (b) children, (c) father or mother, or both, or (d) brothers or sisters, or both. Payments in settlement of claims to survivors of employees will be made in the order of precedence set forth in this section.


8 7.4 Conditions.

As prescribed by the Act, a claim is not allowable if:

(a) Claimant fails to present it in writing within 2 years after it accrues, except that if the claim accrues in time of war or in time of armed conflict in which any armed force of the United States is engaged or if such a war or armed conflict intervenes within 2 years after it accrues, and if good cause is shown, the claim may be presented not later than 2 years after that cause ceases to exist, or 2 years after the war or armed conflict is terminated, whichever is earlier;

(b) The loss occurred at quarters occupied by the claimant within the 50 States or the District of Columbia unless such quarters were assigned to the employee or otherwise provided in kind by the Government; or

(c) The loss was caused wholly or partly by the negligent or wrongful act of the claimant, his agent, or his employee. $ 7.5 Principal types of claims payable.

The following are examples of the principal types of damage to or loss of property which may be considered as having been sustained incident to service, and claims arising therefrom are allowable under this section. However, these examples are not exclusive of other situations which may give rise to claims cognizable under this section.

(a) Damage to or loss of property by fire, flood, hurricane or other unusual occurrence, or by theft, while located at:

(1) Quarters, wherever situated, if assigned or provided in kind by the Government.

(2) Quarters outside the 50 States and the District of Columbia without regard to whether assigned or provided in kind by the Government, unless the employee involved is a local or native resident.

:(3) Any warehouse, or other place designated by a responsible official for the storage of the property.

. (b) Damage to or loss of property due to a marine, rail, or aircraft accident, or other unusual occurrence.

(c) Damage to or loss of property, including personal clothing and vehicles or trailers, subjected to extraordinary risks

incident to or in the performance of duty, such as in connection with civil disturbance, public disorder, natural or other disaster, or efforts to save Government property or human life.

(d) Damage to or loss of property used for the benefit of the Government at the direction of a responsible official.

(e) Money deposited with an authorized Government agent for safekeeping.

(f) Damages to or loss of property incident to transportation or storage pursuant to orders or in connection with travel under orders, including property in the custody of

(1) A common or contract carrier or other commercial carrier under contract with the Government;

(2) An agent or agency of the Government; or

(3) The claimant, or while in a public or private conveyance in which he is being transported while in official travel status. $ 7.6 Principal types of claims not pay

able. The following are examples of types and categories of property for which compensation will not be allowed:

(a) Losses or damages totaling less than $10.

(b) Money or currency except when deposited with an authorized Government agent for safekeeping or except when lost incident to a marine, rail, aircraft, or other common disaster, or a natural disaster such as a fire, food, hurricane, etc.

(c) Small items of substantial value such as cameras, watches, jewelry, and furs, which are lost, damaged, or stolen during shipment by ordinary means, e.g., with household goods or hold luggage.

(d) Articles being worn (unless allowable under $ 7.5(c)).

(e) Intangible property such as bank books, checks, notes, stock certificates, money orders, travelers checks, etc.

(f) Property owned by the United States, unless employee is financially responsible for it to another Government agency.

(g) Claims for loss or damage to motor vehicles or trailers or personal prop-, erty contained therein (unless allowable under $ 7.5(c) or (f)).

(h) Losses of insurers and subrogees.

(i) Losses recovered or recoverable from insurers and carriers.

(j) Losses recovered or recoverable pursuant to contract.

(k) Claims for damage or loss caused, in whole or in part, by the negligence or wrongful act of the employee or his agent.

(1) Property used for business or profit.

(m) Theft from the possession of the employee unless due care was used to protect possession.

(n) Property acquired, posessed or transported in violation of law or regulations.

(0) Loss in quarters located within the 50 States or the District of Columbia not assigned or otherwise provided in kind by the Government. $ 7.7 Types and quantity of property.

Claims are allowable only for such types and quantities of tangible personal property as to which its possession is determined to have been reasonable, useful, or proper under the attendant circumstances at the time of the loss or damage. § 7.8 Computation of award.

(a) The amount awarded on any item of property may not exceed the adjusted cost, based either on the price paid or value at the time of acquisition. The amount normally payable for property damaged beyond economical repair is found by determining its depreciated value immediately before loss or damage, less any salyage value. If the cost of repair is less than the depreciated value, it is considered to be economically repairable and only the cost of repair is allowable.

(b) There is reserved to the Comptroller, the General Auditor, and the Chief, Claims Branch, severally, the right to fix a maximum amount to be payable as to specific classes of articles and to establish maximum quantity limitations with respect to which payment will be allowed. $ 7.9 Claims procedure.

The Panama Canal Company Form No. 5050, Employee Claim for Loss or Damage to Personal Property, prescribed for filing claims pursuant to the regula

tions in this part must be completed by the employee, the person acting on his behalf, or his survivor and forwarded directly to the Office of the Comptroller, for processing. Form 5050 may be obtained from the Office of the Comptroller, Balboa Heights, C.Z. § 7.10 Supporting papers.

In addition to the information required to complete the claim form, and other information considered necessary, the following evidence or data are required:

(a) Two itemized repair estimates (if repairs cannot be accomplished by the Panama Canal Company) or value estimates, whichever is applicable.

(b) With respect to claims involving thefts or losses in quarters or other places where the property was reasonably kept:

(1) A statement as to location of place where the theft or loss occurred;

(2) A statement as to what security precautions were taken to protect the property involved; and

(3) An explanation of the facts and circumstances surrounding the loss or theft.

(c) With respect to claims involving property being used for the benefit of the Government, a statement by the employee's supervisor evidencing that the claimant was required to provide such property or that his providing it was in the interest of the Government.

(d) As respects a claim filed by an agent or survivor, a power of attorney or other satisfactory evidence of authority to file. $ 7.11

Settlement. Upon receipt of a claim under the regulations in this part, the Comptroller, General Auditor, and the Chief, Claims Branch, severally, may make a determination with respect to its merits. If the claim is disallowed in whole or in part, the claimant must be advised in writing as to the basis of the disallowance. $ 7.12 Agents' or attorneys' fees.

As provided by the Act, fees payable to any agent or attorney in connection with services rendered in connection with à claim hereunder shall not exceed 10

per centum of the amount paid in settlement of such claim. Any person violating the provisions of the Act, as therein provided, shall be deemed guilty of a misdemeanor and upon conviction thereof is liable to a fine of up to $1,000. § 7.13 Report to Congress

The Chief, Claims Branch, under the supervision of the General Auditor, shall maintain the necessary records to prepare an annual report to Congress on claims settled under the regulations in this part during the period covered by the report. The report shall include for each claim the name of the claimant, the amount claimed, and the amount paid.

14), as an agency and instrumentality of the United States, for the purpose of maintaining and operating the Panama Canal and of conducting business operations incident to such maintenance and operation and incident to the civil government of the Canal Zone. As provided in section 3.2 of this title, the United States, in its capacity as owner of the corporation, is represented by the Secretary of the Army, who is referred to as the “stockholder".

(b) As provided in 2 C.Z.C. 63, 76A Stat. 19, the management of the corporation is vested in a board of directors appointed by and holding office at the pleasure of the stockholder. The President of the corporation, who is also the Governor of the Canal Zone, is the chief executive officer of the corporation.

(c) The Company maintains and operates the Panama Canal and facilities and appurtenances related thereto, including a railroad; the cargo docks and piers and harbor terminal facilities; an oil handling plant; commissary stores, including cold storage plants; electric power, water, and telephone systems; procurement and storehouse facilities; motor transportation services; a printing plant; restaurants, theaters, bowling alleys, and miscellaneous merchandising activities; marine and general repair shops; and employees' housing system. § 9.3 Availability of information.

Information concerning the Panama Canal Company and copies of its publications, such as the agency's annual reports, may be obtained from the Company's Information Officer, Balboa Heights, C.Z. § 9.4 Availability of records.

Subject to the exceptions set forth in 5 U.S.C. 552(b), all records of the Panama Canal Company are available for public inspection and copying in the offices of the Administrative Services Division, Administration Building, Balboa Heights, C.Z., during normal business hours. Appropriate fees for the furnishing and copying of records under this part will be charged in accordance with section 501 of the Act of August 31, 1951, 65 Stat 290 (5 U.S.C. [1964 ed.] 140).



9.1 Organization.
9.2 Functions.
9.3 Availability of information.
9.4 Availability of records.

AUTHORITY: The provisions of this Part are issued pursuant to 5 U.S.C. 552, 81 Stat. 54.

SOURCE: The provisions of this part 9 appear at 32 F.R. 14219, Oct. 13, 1967, unless otherwise noted.

NOTE: This part is not applicable to the Canal Zone Government. See 5 U.S.C. 551 (1) (C). For statutory provisions concerning public records of that agency, see 2 C.Z.C. 451-453, 76A Stat. 28, and 5 C.Z.C. 3102, 76A Stat. 403. 8 9.1 Organization.

The principal office of the Panama Canal Company is located at Balboa Heights, C.Z. The office of the Secretary of the Company is located at Room 312, Pennsylvania Building, 425 13th Street NW., Washington, D.C. 20004. The Company also maintains a procurement office at 4400 Dauphine Street, New Orleans, La. 70140. $ 9.2 Functions.

(a) The Panama Canal Company, known as the Panama Railroad Company prior to July 1, 1951, was reincorporated by the act of June 29, 1948, as amended (2 C.Z.C. 61–75, 76A Stat. 8



PART 51-AIR NAVIGATION Subpart A-Regulations Prescribed by the Secre

tary of the Army; General Aircraft and Airman Regulations.

GENERAL Sec. 51.1 Definitions. 51.2 Canal Zone set apart as military air

space restricted area. 51.3 Agreements between the United

States and foreign nations not affected.

TRANSIENT AIRCRAFT 51.21 Authorization for entrance and navi.

gation. 51.22 Application for authorization for


AIRCRAFT IN THE CANAL ZONE 51.31 Authorization for basing of private

pleasure aircraft in the Canal Zone. 51.32 Navigation to be in accordance with

applicable laws and regulations. 51.33 Arrangements respecting foreign

Allghts of private pleasure aircraft. AIRWORTHINESS, CERTIFICATION, AIRMAN, AIR


REGULATIONS 51.41 Application of rules of Administrator

of Federal Aviation Agency. 51.42 Inspection upon landing. 51.43 Accidents, reports, and preservation

of aircraft. 51.44 Suspension and revocation of right

of operation. 51.45 Areas in which aircraft may not be

operated. 51.46 Emergency landings. 51.47 Flight plans.

MODEL AIRCRAFT 51.61 Location of activities. 51.62 Supervision.

WAIVERS 51.71 Waiver of regulations. AUTHORITY FOR SUPPLEMENTAL REGULATIONS 51.81 Issuance of supplementary regula

tions by Governor. Subpart B-Supplementary Regulations Prescribed

by Governor; Operating Rules and Traffic Cir

cuits for Old France Field Airport 51.121 Ground or flight visibility require

ment. 51.122 General traffic circuit rules. 51.123 Trafic circuits. 51.124 Old France Field facilities.

Subpart C-Penalties for Violation Sec. 51.181 Penalties for Violation.

AUTHORITY: The provisions of $8 51.1 to 51.181 issued under 2 C.Z.C. 701, 76A Stat. 29; $ $ 51.1 to 51.71 issued under authority delegated to Secretary of Army by $ 3.1(a); § 51.81 issued under authority vested in Secretary of Army under $ 3.1(c) to redelegate his powers to Governor; $$ 51.121 to 51.181 issued by Governor pursuant to authority redelegated to him under $ 51.81.

SOURCE: The provisions of this part 51 appear at 31 F.R. 12228, Sept. 16, 1966, unless otherwise noted. Subpart A-Regulations Prescribed by

the Secretary of the Army; General Aircraft and Airman Regulations

GENERAL $ 51.1 Definitions.

Except for the following terms, the definitions in Part 1 of the Federal Aviation Regulations shall apply to this part:

“Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air,except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. The term “aircraft” does not include military aircraft of the United States armed forces and the provisions of this subpart do not apply to such aircraft or to the operation thereof.

"Airman" means any individual who engages, as the commander, pilot, mechanic, or member of the crew, in the navigation of aircraft while under way; and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft aircraft engines, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher, or airtraffic control-tower operator.

"Private pleasure aircraft” means aircraft which are used solely for pleasure and not for hire or profit.

"Transient aircraft” includes all aircraft which are not based in the Canal Zone. § 51.2

Canal Zone set apart as military airspace restricted area. (a) The airspace above the Canal Zone (including the territorial waters within

« PreviousContinue »