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(10) Vessels of these grades, whether with cargo or in ballast, unless the tanks are free from explosive gases when in ballast, as mentioned in Regulation 88.B-2, will be required, when in the locks, to use insulated towing gear supplied by The Panama Canal.

(11) Vessels of these grades will not be permitted to shift cargoes from ship to ship while in Canal waters.

(12) No vessel shall be moored alongside a vessel of these grades while the latter is handling bulk cargo, nor shall these vessels handle bulk cargo across the deck of another vessel.

(13) Vessels of these grades shall, during transit of the Canal, have the pump rooms effectively ventilated.

(See note following Regulation 88.A-1.) REGULATION 88.B-7: Grade "D" vessels shall also comply with the following requirements,

(1) They shall not shift cargoes from ship to ship while in Canal waters unless special permission has been obtained from the Port Captain concerned.

(2) When necessary to moor such vessels at a pier alongside another vessel or vessels of this grade, already handling bulk cargoes, all loading or discharging operations shall cease until the vessel is securely moored.

(3) The venting system defined in Regulation 88.B-5 (3) will be accepted for Grade "D" vessels for bunker tanks and cofferdams; for cargo tanks a standard vacuum and relief valve system or vent outlets carried to a reasonable height above the weather deck up the mast or other structure, and fitted with flame arresters or screens will be satisfactory. (See note following Regulation 88.A-1.)

General REGULATION 88.C-1: The transportation of Grade “A” products in shelter deck vessels is prohibited.

(See note following Regulation 88.A-1.)

REGULATION 88.C-2: The transportation of Grade "B" and "C" products in shelter deck vessels (i. e. vessels having a shelter tween deck space located over tanks and not adapted or used for carrying hazardous cargo in bulk) is prohibited unless such vessels are provided with a side-to-side and deck-to-deck gas-tight, all-steel bulkhead at each end of this space separating it from the other parts of the vessel. There shall be no automatic relief valves or vent outlets in this tween deck space; ullage plugs must be secured and sealed in such manner as to necessitate the breaking of the seal in opening them.

(See note following Regulation 88.A-1.)

REGULATION 88.C-3: Vessels carrying a full cargo of Grade "A," "B," "C," or "D" products in containers shall conform to the regulations for packing and stowing as established by the United States Interstate Commerce Commission or by any other recognized governmental agency, as well as the regulations of The Panama Canal for vessels carrying bulk cargoes of said grades, as far as practicable.

(See note following Regulation 88.A-1.)

REGULATION 88.C-4: Vessels carrying a part cargo of Grade "A," "B," or "C" products in containers shall comply with Regulation 88.C-3 as well as with the following: Submit loading certificate as required in Regulation 88.A-2, stating where and how the inflammables are stowed and the manner of packing as indicated on the containers.

(See note following Regulation 88.A-1.)

REGULATION 88.C-5: No pitch, tar, turpentine, or other combustible shall be boiled on any pier, or on board any vessel without permission of the Port Captain.

(See note following Regulation 88.A-1.)

MR 21111

CHAPTER VII

Accidents and Claims

RULE 89. Injuries to Vessels, etc., by Reason of Passage Through Locks: The Governor of The Panama Canal shall promptly adjust and pay damages for injuries to vessels, or to the cargo, crew, or passengers of vessels, which may arise by reason of the passage of such vessels through the locks of the canal under the control of officers or employees of The Panama Canal: Provided, however, that no such damages shall be paid in any case wherein the Governor shall find that the injury was proximately caused by the negligence or fault of the vessel, master, crew, or passengers: Provided further, that in any case wherein the Governor shall find that the negligence or fault of the vessel, master, crew, or passengers proximately contributed to the injury, he shall diminish the award of damages in proportion to the negligence or fault, as determined by him, attributable to the said vessel, master, crew, or passengers: And provided further, that damages shall not be allowed and paid for injuries to any protrusion beyond the side of a vessel, whether such protrusion is permanent or temporary in character. The amounts of the respective awards of damages under this Rule may be adjusted, fixed, and determined by the Governor by mutual agreement, compromise, or otherwise, and such amounts shall be payable promptly out of any moneys appropriated or allotted for the maintenance and operation of the Panama Canal; and acceptance by any claimant of the amount awarded to him shall be deemed to be in full settlement of such claim against the Government of the United States.

(Chapter VII of E. O. No. 4314 of September 25, 1925 was amended to read as set out in Rules 89 to 101 by E. O. No. 9227 of August 19, 1942 (7 F. R. 6629), promulgated by the President under authority of section 9 of title 2 of the Canal Zone Code, and in accordance with the provisions of section 10 of title 2 of the Canal Zone Code as amended by section 1 of the Act of June 13, 1940, c. 358, 54 Stat. 387, 48 U. S. C. 1319.)

RULE 90. When Vessel Deemed Passing Through Locks: For the purposes of Rule 89, a vessel shall be considered to be passing through the locks of the canal, under the control of officers or employees of The Panama Canal, from the time the first towing line is made fast on

board before entrance into the locks and until the towing lines are cast off upon, or immediately prior to, departure from the lock chamber.

(See note following Rule 89.)

RULE 91. Action Upon Claim by Claimant Who Considers Himself Aggrieved: With respect to any claim for damages for injuries arising by reason of the passage of any vessel through the locks of the canal, as provided in Rules 89 and 90, any claimant for damages who considers himself aggrieved by the findings, determination, or award of the Governor, in reference to his claim, may, as provided in section 10 of title 2 of the Canal Zone Code, as amended as aforesaid, bring an action on such claim against The Panama Canal in the United States District Court for the District of the Canal Zone; and in any such action the provisions of said section 10 of title 2, as amended, and the regulations of the President authorized under section 9 of title 2 of the Canal Zone Code, applicable to the determination, adjustment, and payment of such claims for damages, by the Governor, shall be applicable; and any judgment obtained against The Panama Canal shall be paid promptly out of any moneys appropriated or allotted for the maintenance and operation of the Panama Canal.

(See note following Rule 89.)

RULE 92. Injuries to Vessels, etc. in Canal Zone Waters Other Than Locks: The Governor shall promptly adjust and pay damages for injuries to vessels, or to the cargo, crew, or passengers of vessels which may arise by reason of the presence of such vessels in the waters of the Canal Zone, other than the locks, when the Governor shall find that the injury was proximately caused by negligence or fault on the part of any officer or employee of The Panama Canal acting within the scope of his employment and in the line of his duties in connection with the operation of the canal: Provided, however, that when the Governor shall further find that the negligence or fault of the vessel, master, crew, or passengers proximately contributed to the injury, he shall diminish the award of damages in proportion to the negligence or fault, as determined by him, attributable to the said vessel, master, crew, or passengers: Provided further, that in the case of any vessel which is required by or pursuant to regulations heretofore or hereafter prescribed under section 9 of title 2 of the Canal Zone Code to have a Panama Canal pilot on duty aboard, no damages shall be adjusted and paid for injuries to any vessel, or to the cargo, crew, or passengers of any such vessel, incurred while the vessel is under way and in motion, unless at the time such injuries are incurred the navigation or movement of the vessel is under the control of a Panama Canal pilot:

And provided further, that the Governor shall not adjust and pay under this Rule any claim for damages for injuries in case the amount of the claim exceeds $60,000, but shall submit such claim to the Congress by a special report containing the material facts and his recommendations thereon. The amounts of the respective awards of damages under this Rule may be adjusted, fixed, and determined by the Governor by mutual agreement, compromise, or otherwise, and such amounts shall be payable promptly out of any moneys appropriated or allotted for the maintenance and operation of the Panama Canal; and acceptance by any claimant of the amount awarded to him shall be deemed to be in full settlement of such claim against the Government of the United States. (See note following Rule 89.)

RULE 93. Prohibition of Certain Actions Upon Claims: Except as otherwise provided in Rule 91, no action for damages for injuries arising in connection with the operation of the canal and by reason of the presence of a vessel in the waters of the Canal Zone shall lie in any court against the United States or The Panama Canal, or against any officer or employee of The Panama Canal: Provided, however, that nothing in this Rule shall be construed to prevent or prohibit actions against officers or employees of The Panama Canal for damages for injuries resulting from acts of such officers or employees outside the scope of their employment and not in line with their duties, or from acts of such officers or employees committed or performed with intent to injure the person or property of another. (See note following Rule 89.)

RULE 94. Investigation of Accidents Involving Potential Claims: Whenever, within the waters of the Canal Zone, including the locks of the canal, a vessel, or its cargo, crew, or passengers, meets with an accident or sustains any injury which may be the basis of a claim against The Panama Canal, or inflicts any injury upon any structure, plant, or equipment of The Panama Canal, the Board of Local Inspectors of The Panama Canal, or a member thereof, shall promptly conduct an investigation of such accident or injury, including all the facts and circumstances surrounding it and bearing upon its proximate causation, the nature and extent of the injury, and the amount of the damages, if any, occasioned by such injury, and shall promptly, upon the conclusion of such investigation, transmit to the Governor, for his consideration in connection with any claim which may arise, a transcript of the record of such investigation, together with its findings and conclusions respecting the accident or injury. All matters pertaining

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