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ships, and hospital ships, shall be based upon their tonnage of actual displacement at the time of their application for passage through the Canal. The displacement tonnage of such warships shall be their displacement before the vessels have taken on such coal, fuel oil, stores, or supplies as may be purchased and taken on board after arrival at the Canal for transit through the same. § 135.482 “Warships” defined.

of

"Warships" in the meaning §§ 135.481-135.486 shall be considered to be all vessels of war, other than army and navy transports, colliers, hospital ships, and supply ships, as defined in §§ 135.1-135.3. Warships are vessels of Government ownership that are being employed by their owners for military or naval purposes.

§ 135.483 Anchoring of warships to facilitate ascertainment of draft.

Every warship, other than army and navy transports, colliers, supply ships, and hospital ships (as defined in §§ 135.1135.3) upon applying for passage through the Panama Canal shall, in order to facilitate the ascertainment of its mean draft, be anchored or placed at such station or location as shall be designated by the Governor of the Canal Zone or by the officials authorized to act for him.

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The commander of every warship, other than army and navy transports, colliers, supply ships, and hospital ships (as defined in §§ 135.1-135.3), applying for passage through the Panama Canal, shall exhibit for examination by the Governor of the Canal Zone, or by the officials authorized to act for the Governor of the Canal Zone, an official document containing the vessel's curve of displacement, its curves for addition to displacement for change of trim, and a scale so arranged that the displacement at any given mean draft is shown. Such document or documents shall be issued and be certified as correct by competent authorities of the government to which the vessel belongs.

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

The actual displacement of warships shall be determined from their official displacement scales and curves, and shall be expressed in tons of 2,240 pounds. Should the displacement scale and curves of a warship show or state the vessel's displacement tonnage in metric tons of 2,204.62 pounds, the tonnage so expressed shall be multiplied by 0.9842 for the purpose of converting the tonnage into tons of 2,240 pounds.

§ 135.486

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

Should any warship, other than army and navy transports, colliers, supply ships, and hospital ships (as defined in §§ 135.1-135.3), apply for passage through the Panama Canal and for reasons satisfactory to the Governor of the Canal Zone, not have on board the duly certified document or documents specified in § 135.484, the Governor of the Canal Zone, or the officials authorized to act for him, shall then determine the displacement of the vessel, using such reliable data as may be available, or by taking such dimensions of the vessel and using such approximate methods as may be considered necessary and practicable. The displacement tonnage so determined shall be considered to be the displacement of the vessel.

Subpart F-Application and
Interpretation of Rules

§ 135.511 Application and interpretation of rules by Board of Admeasure

ment.

The Board of Admeasurement of the Panama Canal is charged with the application of this part and, subject to the approval of the Governor, all questions of interpretation arising thereunder shall be decided by the Board. In applying this part the Board will be governed by the principle that there shall be no change in the present treatment of spaces except as provided in this part, and with the approval of the Governor may provide for the treatment of any space for which provision has not been made.

Sec. 201.1 201.2 201.8

SUBCHAPTER D-JUDICIARY

PART 201-JUDICIARY

Definitions.

Divisions of District Court.
Leave of absence of District Judge,
United States attorney, and mar-
shal.

201.4 Places of holding magistrates' courts.
201.5 Duties and bonds of constables.
201.6 Duties and bonds of other employees
of magistrates' courts.

AUTHORITY: The provisions of §§ 201.1, 202.2 issued by President under 3 C.Z.C. 2, 76A Stat. 51; § 201.3 issued by President under 3 C.Z.C. 5, 41 and 45, 76A Stat. 52, 53; §§ 201.4, 201.5 and 201.6 issued under authority vested in President by 2 C.Z.C. 86, 76A Stat. 55, and delegated to Governor by § 3.3(a) (6) of this chapter.

SOURCE: The provisions of this Part 201 appear at 31 F.R. 12337, Sept. 16, 1966, unless otherwise noted.

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As used in this part, "District Court" means the United States District Court for the District of the Canal Zone. § 201.2 Divisions of District Court.

As provided by 3 C.Z.C. 2, 76A Stat. 51, there are two divisions of the District Court. The Balboa Division shall be coterminous with the Balboa Subdivision of the Canal Zone, and the Cristobal Division shall be coterminous with the Cristobal Subdivision of the Zone, as defined by § 1.3 of this chapter.

§ 201.3 Leave of absence of District Judge, United States attorney, and marshal.

The leave of absence allowed the District Judge, United States attorney, and marshal by 3 C.Z.C. 5, 41, 45, 76A Stat. 52, 53, shall be reckoned by calendar years. If the office involved is held by two or more persons in one calendar year, the leave shall be prorated to such persons in proportion to the time that they have held office during that year. Any portion of the leave of absence accruing in any one calendar year and not used in that year may be accumulated and used in succeeding calendar years. Leave may not be accumulated in excess of 120 days, and not more than 120 days of leave may be taken in any one calendar year.

The officers concerned shall make applications for leave of absence to the Attorney General of the United States and shall report to him the time of their departure and the time of their return to duty.

§ 201.4 Places of holding magistrates'

courts.

The magistrates shall hold court at such places in their respective towns as may be designated from time to time by the Governor.

CROSS REFERENCE: Appointment, oath, term, and compensation of magistrates, see 3 C.Z.C. 82, 84, 76A Stat. 54, 55.

§ 201.5 Duties and bonds of constables.

(a) The constables, in addition to performing clerical and other duties assigned to them by the magistrates under 3 C.Z.C. 82, 76A Stat. 54, shall:

(1) Attend all sessions of the magistrate's court for the town and subdivision to which they may be assigned by the Governor;

(2) Preserve order in the court;

(3) Receive and receipt for all money collected by them upon any process or paid into or deposited with the magistrate's court as fees, fines, costs, forfeitures, or bail; and

(4) Duly account for such money in accordance with rules and regulations to be prescribed by the Governor.

(b) The constables shall be bonded in accordance with the provisions of 6 U.S.C. 14.

CROSS REFERENCES:

Appointment, oath, and compensation of constables, see 3 C.Z.C. 82, 84, 76A Stat. 54, 55.

Payment of all fees over to Canal Zone Government, see 3 C.Z.C. 341, 76A Stat. 62. § 201.6 Duties and bonds of other employees of magistrates' courts. Employees of the magistrates' courts other than constables, appointed by the Governor, shall perform such duties as the magistrates prescribe, subject to the approval of the Governor, and shall furnish such bonds as the Governor, in his discretion, requires. The type, purchase, issuance and conditions of such bonds, if required, shall be in accordance with the provisions of 6 U.S.C. 14.

CROSS REFERENCES: Appointment and compensation of employees of magistrates' courts, see 3 C.Z.C. 82, 76A Stat. 54.

Corporate sureties on bonds, see 3 C.Z.C. 432, 76A Stat. 68.

SUBCHAPTER E-EMPLOYMENT AND COMPENSATION IN THE CANAL ZONE

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As used in this part:

(a) "Subchapter III" means subchapter III of chapter 7 of Title 2 of the Canal Zone Code, 76A Stat. 16–20.

(b) "Department", "position", "employee", and "continental United States" have the meanings ascribed to them in 2 C.Z.C. 141, 76A Stat. 16.

(c) "Competitive civil service" has the same meaning as the words "competitive service", "classified service", "classified (competitive) service", or "classified civil service" as defined in existing statutes and Executive orders.

§ 251.2 Delegation of authority to Secretary of the Army; redelegation; scope of regulations.

(a) Subject to the further provisions of this part, there is delegated to the Secretary of the Army the authority vested in the President by 2 C.Z.C. 142, 155, 76A Stat. 16, 19:

(1) To exclude any employee or position from any or all provisions of subchapter III.

(2) To extend to any employee, whether or not such employee is a citizen of the United States, the same rights and privileges as are provided by applicable laws and regulations for citizens of the United States employed in the competitive civil service of the Government of the United States.

(3) To coordinate the policies and activities of the respective departments under subchapter III.

(4) To promulgate such regulations as may be necessary and appropriate to carry out the provisions and accomplish the purposes of subchapter III.

(b) The Secretary of the Army may redelegate any of the authority delegated to him by paragraph (a) of this section. (c) In promulgating regulations pursuant to the authority delegated by this section, including regulations with respect to the matters covered by Subparts B and C of this part, the Secretary of the Army shall give effect to the followingdescribed policies:

(1) Employment standards, rates of basic compensation, availability of training facilities and programs shall be applied uniformly among all departments in the Canal Zone to all employees irrespective of whether they are citizens of the United States or of the Republic of Panama.

(2) Positions which are designated by the heads of agencies, under 2 C.Z.C. 147, 76A Stat. 17, as those which for security reasons shall be filled by a citizen of the United States may include, but are not limited to:

(i) Those involving security of property;

(ii) Those involving access to defense information classified pursuant to Executive Order No. 10501 of Noyember 5, 1953, as amended;

(iii) Those which require the use of United States citizens to insure continuity and capability of operation and administration of activities in the Canal Zone by the United States Government. This part does not modify or supersede any provision of either Executive Order No. 10501 of November 5, 1953, as amended, or Executive Order No. 10450 of April 27, 1953.

(3) Exclusions of employees or positions from any or all provisions of subchapter III and the extension of rights and privileges to employees, as provided by 2 C.Z.C. 142(b), 76A Stat. 16, shall be made only in accordance with regulations issued pursuant to this part. Such regulations shall provide for excluding employees or positions from the Canal Zone Merit System only for reasons for which exclusions or exceptions are made from the competitive civil service.

(d) Prior to the promulgation of regulations pursuant to this part, the Secretary of the Army shall consult with the Department of the Navy, the Department of the Air Force, other components of the Department of Defense having employees in the Canal Zone, the Panama Canal Company, the Canal Zone Government, the Civil Service Commission, and such other agencies having employees in the Canal Zone as he determines.

CROSS REFERENCES: E.O. 10450, Apr. 27, 1953, referred to in par. (c) (2), text of, see 3 CFR, 1949-1953 Comp., p. 936.

E.O. 10501, Nov. 5, 1953, as amended, also referred to in par. (c) (2), text of, see such order, 3 CFR, 1949-1953 Comp., p. 979; also E.O. 10816, May 7, 1959, 3 CFR, 1959 Supp., p. 107; E.O. 10901, Jan. 9, 1961, 3 CFR, 1961, Supp., p. 70; E.O. 10964, Sept. 20, 1961, 3 CFR, 1961 Supp., p. 124; E.O. 10985, Jan. 12, 1962, 3 CFR, 1962 Supp., p. 127; E.O. 11097, Feb. 28, 1963, 3 CFR, 1963 Supp., p. 161.

Subpart B-Canal Zone Merit
System

§ 251.21 Establishment; scope and re

quirements.

(a) There is established, as provided for by 2 C.Z.C. 149, 76A Stat. 18, a Canal Zone Merit System of selection for appointment, reappointment, reinstatement, re-employment, and retention with respect to positions, employees, and individuals under consideration for appointment to positions. In accordance with the provisions of 2 C.Z.C. 149, the Canal Zone Merit System shall:

(1) Be based solely on the merit of the employee or individual and upon his qualifications and fitness to hold the position concerned; (2) Apply uniformly within and among all departments, positions, employees, and individuals concerned;

(3) Conform generally to policies, principles, and standards established by or in accordance with the Civil Service Act of January 16, 1883, as amended (5

U.S.C. 632 et seq.) and supplemented; and

(4) Include provision for appropriate interchange of citizens of the United States employed by the Government of the United States between such merit system and the competitive civil service of the Government of the United States.

(b) Provisions for interchange which involve movement from the Canal Zone Merit System to the competitive civil service of the Government of the United States shall be subject to the concurrence of the Civil Service Commission. § 251.22 Regulations with respect to System.

Regulations promulgated pursuant to this part with respect to the Canal Zone Merit System shall be issued only after advice has been received from the Civil Service Commission that such regulations conform generally to policies, principles, and standards established by or in accordance with the Civil Service Act of January 16, 1883, as amended (5 U.S.C. 632 et seq.) and supplemented.

§ 251.23 Review by Civil Service Commission; reports.

The Civil Service Commission shall make periodic review of the operations of the Canal Zone Merit System for conformity with the requirements of subchapter III, this part, and regulations promulgated pursuant to § 251.2, and shall report its findings to the Secretary of the Army.

Subpart C-Canal Zone Board of Appeals

§ 251.41 Establishment; composition; appointment of members; alternates. (a) There is established, as provided for by 2 C.Z.C. 152, 76A Stat. 19, a Canal Zone Board of Appeals to review and determine the appeals of employees. The Board shall consist of five members, all of whom shall be civilians appointed by the Secretary of the Army, as follows:

(1) One member shall be nominated by the Civil Service Commission.

(2) Two members shall be selected from among employees of the United States Government agencies in the Canal Zone and shall be appointed only after consultation with and advice from organizations representing such employees.

(3) Two members shall be selected by the Secretary of the Army.

(b) The Secretary of the Army shall appoint one of the members as Chairman of the Board.

(c) For each member of the Board, the Secretary of the Army shall appoint an alternate member, who shall be a civilian nominated or selected in the same manner as the Board member for whom he is an alternate. An alternate member shall serve on the Board whenever, for any reason, the member for whom he is alternate is unable to serve.

CROSS REFERENCE: Canal Zone Board of Appeals, terms of members, and appeals procedures, see §§ 253.265, 253.266.

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§ 251.42 Majority vote.

253.131

Decisions of the Canal Zone Board of Appeals shall be made by majority vote of its members.

253.132

Non-United

ployees.

States citizen

253.133

253.134

CROSS REFERENCE: Decisions of Canal Zone Board of Appeals, effect, see § 253.267.

253.135

253.151

PART 253-REGULATIONS OF THE SECRETARY OF THE ARMY

253.152

Subpart A-General Provisions

Coverage and exclusions.

Tropical differential.

PAY ADJUSTMENTS

Conversion to new schedules.
General pay adjustments.

253.153 Step increases.

em

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Personnel

253.181 Rating system.

Policy Coordinating Board.

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253.3

253.4

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Subpart F-Training

253.201 Training programs.

Subpart G-Military Service

253.221 Rights of employees.

Subpart H-Adverse Personnel and Reduction in Force Actions

253.241 Applicability of existing law and Civil Service regulations.

253.242 Probationary employees.

Subpart I-Grievances and Appeals

Grievance procedures.

253.31

253.32 253.33

253.34

253.35

253.36

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253.261

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253.262

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Adverse actions and appeals.

Promotion, demotion, reassignment, and transfer.

Subpart C-Conversion to Canal Zone Career or Career-Conditional Appointments

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Subpart J-Records and Reports

253.291 Applicability of Federal Personnel Manual.

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