[Title 35 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1998 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
35
Panama Canal
Revised as of July 1, 1998
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1998
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1998
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
Table of Contents
[[Page iii]]
Page
Explanation................................................. v
Title 35:
Chapter I--Panama Canal Regulations....................... 3
Finding Aids:
Material Approved for Incorporation by Reference.......... 195
Table of CFR Titles and Chapters.......................... 197
Alphabetical List of Agencies Appearing in the CFR........ 215
Redesignation Tables...................................... 225
List of CFR Sections Affected............................. 295
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Cite this Code: CFR
To cite the regulations in this volume use title, part and
section number. Thus, 35 CFR 3.1 refers to title 35, part
3, section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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Authorities and Agency Rules (Table I), and Acts Requiring Publication
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The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 1998.
[[Page ix]]
THIS TITLE
Title 35--Panama Canal is composed of one volume. The contents of
this volume represent all current regulations of the Panama Canal
Commission as of July 1, 1998.
On October 1, 1979, the United States relinquished and Panama
assumed plenary jurisdiction over what was the Canal Zone. Pursuant to
the Panama Canal Act of 1979, Pub. L. 96-70, the statute implementing
the new treaty, the Canal Zone Government was disestablished and the
Panama Canal Company was replaced by a new United States Government
agency, the Panama Canal Commission, which will operate the waterway
until the termination of the treaty on December 31, 1999.
Redesignation tables appear in the Finding Aids section of this
volume.
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 35--PANAMA CANAL
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Part
Chapter i--Panama Canal Regulations......................... 3
[[Page 3]]
CHAPTER I--PANAMA CANAL REGULATIONS1
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1 Pursuant to Pub. L. 96-70 and a document published at 44 FR
75306, Dec. 19, 1979, the chapter heading has been adjusted to read
``Panama Canal Regulations.''
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Editorial Note: Upon entry into force on October 1, 1979, of the
Panama Canal Treaty of 1977, the United States relinquished and Panama
assumed plenary jurisdiction over what was the Canal Zone. Pursuant to
the Panama Canal Act of 1979, Pub. L. 96-70, the statute implementing
the new treaty, the Canal Zone Government was disestablished and the
Panama Canal Company was replaced by a new United States Government
agency, the Panama Canal Commission, which will operate the waterway
until the termination of the treaty on December 31, 1999. Many of the
functions performed by the two former Canal agencies will not be
undertaken by the Panama Canal Commission.
As a result of the Treaty and Pub. L. 96-70, the regulations published
in Title 35, have to be rewritten in accordance with the substantially
different authority and responsibilities which the new agency has.
It should be noted that those regulations which have not been revised
since October 1, 1979 must be read in light of the new definitions
provided by section 3 of Pub. L. 96-70, which states in part as follows:
(b) Subject to the provisions of subsection (c) of this section, for
purposes of applying the Canal Zone Code or other laws of the United
States and regulations issued pursuant to such Code or other laws with
respect to transactions, occurrences, or status on or after the
effective date of this Act--
(1) ``Canal Zone'' shall be deemed to refer to the areas and
installations in the Republic of Panama made available to the United
States pursuant to the Panama Canal Treaty of 1977 and related
agreements;
(2) ``Canal Zone waters'' and ``waters of the Canal Zone'' shall be
deemed to refer to ``Panama Canal waters'' and ``waters of the Panama
Canal'', respectively;
(3) ``Government of the Canal Zone'' or ``Canal Zone Government''
shall be deemed to refer to the United States of America;
(4) ``Governor of the Canal Zone'' or ``Governor'', wherever the
reference is to the Governor of the Canal Zone, shall be deemed to refer
to the Panama Canal Commission;
(5) ``Panama Canal Company'' or ``Company'' wherever the reference is
to the Panama Canal Company, shall be deemed to refer to the Panama
Canal Commission;
(6) In chapter 57 of title 5 of the Canal Zone Code, ``hospitals'' and
``Health Bureau'' shall be deemed to refer, respectively, to the
hospitals operated by the United States in the Republic of Panama, and
to the organizational unit operating such hospitals; and
(7) In chapter 57 of title 5 of the Canal Zone Code, in section 4784
of title 6 of such Code, and in section 2 of title 7 of such Code,
``health director'' shall be deemed to refer to the senior official in
charge of the hospitals operated by the United States in the Republic of
Panama.
(c) Any reference set forth in subsection (b) of this section shall
apply except as otherwise provided in this Act or unless (1) such
reference is inconsistent with the provisions of this Act, (2) in the
context in which a term is used such reference is clearly not intended,
or (3) a term refers to a time before the effective date of this Act.
Parts 1, 5, 53, 57, 59, 63, 65, 69, 127, and 129 have been removed
because they are inconsistent with the provisions of the Panama Canal
Treaty of 1977 and related agreements or with Pub.
[[Page 4]]
L. 96-70. Other parts have been amended, revised or recodified to comply
with the new statutory basis and agency organization.
SUBCHAPTER A--ORGANIZATION AND ADMINISTRATION
Part Page
3 Organization of Panama Canal Commission..... 7
7 Claims of employees of Panama Canal
Commission under Military Personnel and
Civilian Employees' Claims Act of 1964,
as amended.............................. 8
9 Organization, functions, and availability of
records--Panama Canal Commission........ 12
10 Access to information about individuals..... 21
SUBCHAPTER B--GENERAL REGULATIONS
60 Classified information...................... 32
61 Health, sanitation, and communicable disease
surveillance............................ 47
67 Canal Zone postal money orders and savings
certificates............................ 59
70 Procedures for changing rules of measurement
or rates of tolls....................... 66
SUBCHAPTER C--SHIPPING AND NAVIGATION
101 Arriving and departing vessels: Various
communication, documentation, sanitation
and admeasurement requirements.......... 69
103 General provisions governing vessels........ 72
104 Vessel transit reservation system........... 85
105 Pilotage.................................... 88
107 Manning of vessels: Requirements concerning
officers and crew....................... 90
109 Entering and preparing to enter the locks... 91
111 Rules for the prevention of collisions...... 94
113 Dangerous cargoes........................... 108
115 Board of Local Inspectors: Composition and
functions............................... 114
117 Marine accidents: Investigations; control;
responsibility.......................... 115
119 Licensing of officers....................... 117
121 Inspection and registration of vessels...... 127
123 Radio communication......................... 139
125 Sanitary requirements: Vessel wastes;
garbage; ballast........................ 142
131 Neutrality of canal......................... 143
133 Tolls for use of canal...................... 143
[[Page 5]]
135 Rules for measurement of vessels............ 145
SUBCHAPTER D--[RESERVED]
SUBCHAPTER E--EMPLOYMENT AND COMPENSATION UNDER THE PANAMA CANAL
EMPLOYMENT SYSTEM
251 Regulations of the Secretary of the Army
(Panama Canal Employment System)--
Personnel policy........................ 158
253 Regulations of the Secretary of the Army
(Panama Canal Employment System)--
Employment policy....................... 165
255
[Reserved]
256 Salary offset for Federal employees who are
indebted to the United States........... 179
257 Enforcement of nondiscrimination on the
basis of handicap in programs or
activities conducted by Panama Canal
Commission.............................. 187
[[Page 7]]
SUBCHAPTER A--ORGANIZATION AND ADMINISTRATION
PART 3--ORGANIZATION OF PANAMA CANAL COMMISSION--Table of Contents
Authority: Issued under the authority vested in President by
provisions of 3 U.S.C. 301; 22 U.S.C. 3811; EO 12215, dated May 27,
1980, 45 FR 36043.
Subpart A--Delegation of Panama Canal Functions
Sec. 3.1 Text of Executive Order 12215 of May 27, 1980.
By the authority vested in me as President of the United States of
America by the Panama Canal Code (76A Stat. 1), as amended, by the
Panama Canal Act of 1979 (93 Stat. 452; 22 U.S.C. 3601 et seq.), and by
section 301 of Title 3 of the United States Code, it is hereby ordered
as follows:
1-1. The Secretary of Defense.
1-101. The Secretary of Defense shall develop for the President's
consideration an appropriate legislative proposal as required by section
3(d) of the Panama Canal Act of 1979 (93 Stat. 456; 22 U.S.C. 3602(d)).
The Secretary of Defense shall coordinate development of this proposal
with the Secretary of State and the heads of other interested Executive
agencies.
1-102. The function vested in the President by section 1212(d)(1) of
the Panama Canal Act of 1979 (93 Stat. 464; 22 U.S.C. 3652(d)(1)) to
exclude employees of, or positions within, the Department of Defense
from coverage under any provision of subchapter II, chapter 2 of title I
of the Panama Canal Act of 1979, is delegated to the Secretary of
Defense.
1-103. The function vested in the President by section 1281(b) of
Title 6 of the Panama Canal Code (76A Stat. 455; 6 P.C.C. 1281(b)), as
amended, with respect to areas and installations made available to the
United States pursuant to the Agreement in Implementation of Article IV
of the Panama Canal Treaty of 1977 is delegated to the Secretary of
Defense.
1-104. The function vested in the President by section 1701 of the
Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801), with respect to
regulations applicable within the areas and installations made available
to the United States pursuant to the Agreement in Implementation of
Article IV of the Panama Canal Treaty of 1977, is delegated to the
Secretary of Defense.
1-105. The functions vested in the President by sections 1243(c)(1)
and 2401 of the Panama Canal Act of 1979 (93 Stat. 474 and 495; 22
U.S.C. 3681(c)(1) and 3851) are delegated to the Secretary of Defense.
1-106. The functions vested in the President by section 1502(a) of
the Panama Canal Act of 1979 (93 Stat. 488; 22 U.S.C. 3782(a)) are
delegated to the Secretary of Defense.
1-2. Coordination of Pay and Employment Practices.
1-201. In order to coordinate the policies and activities of
agencies under subchapter II of chapter 2 of title I of the Panama Canal
Act of 1979 (93 Stat. 463; 22 U.S.C. 3651 et seq.), each agency shall
periodically consult with the Secretary of Defense with respect to the
establishment of rates of pay, in order to develop compatible or unified
systems for basic pay. In addition, each agency shall consult with the
Secretary of Defense on such other matters as the Secretary may deem
appropriate in order to develop compatible or unified employment
practices.
1-202. The head of each agency shall, upon approval by the Secretary
of Defense, adopt a schedule of basic pay pursuant to section 1215 of
the Panama Canal Act of 1979 (93 Stat. 465; 22 U.S.C. 3655) and adopt
regulations governing other matters relating to pay and employment
practices.
1-203. The authority vested in the President by section 1223(a) of
the Panama Canal Act of 1979 to coordinate the policies and activities
of agencies (93 Stat. 467; 22 U.S.C. 3663(a)) is delegated to the
Secretary of Defense. The Secretary shall exercise such functions in a
manner which is in accord with the provisions of sections 1-201 and 1-
202 of this Order.
1-3. Panama Canal Commission.
[[Page 8]]
1-301. The functions vested in the President and delegated to the
Secretary of Defense in this section 1-3 of this Order shall be carried
out by the Secretary of Defense, who shall, in carrying out the said
functions, provide, by redelegation or otherwise, for their performance,
in a manner consistent with paragraph 3 of Article III of the Panama
Canal Treaty of 1977, by the Panama Canal Commission.
1-302. The authority of the President under section 1104 of the
Panama Canal Act of 1979 (93 Stat. 457; 22 U.S. 3614) to fix the
compensation of and to define the authorities and duties of the Deputy
Administrator and the Chief Engineer is delegated to the Secretary of
Defense.
1-303. The functions vested in the President by sections 1418, 1801,
and 2206 of the Panama Canal Act of 1979 (93 Stat. 487, 492, and 494; 22
U.S.C. 3778, 3811, and 3844) are delegated to the Secretary of Defense.
1-304. The authority of the President under section 1701 of the
Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801) with respect to
regulations applicable within the areas and installations made available
to the United States pursuant to the Agreement in Implementation of
Article III of the Panama Canal Treaty of 1977 is delegated to the
Secretary of Defense.
1-305. The function vested in the President by section 1281(b) of
Title 6 of the Panama Canal Code (76A Stat. 455; 6 P.C.C. 1281(b)), as
amended, with respect to areas and installations in the Republic of
Panama made available to the United States pursuant to the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977 is
delegated to the Secretary of Defense.
1-306. The functions vested in the President by sections 82 and 86
of Title 3 of the Panama Canal Code (76A Stat. 54 and 55; 3 P.C.C. 82
and 86), as amended, are delegated to the Secretary of Defense.
1-307. The functions vested in the President by subsections (a), (b)
and (c) of section 8146 of Title 5 of the United States Code, as they
apply to the employees of the Panama Canal Commission, are delegated to
the Secretary of Defense.
1-308. Except to the extent heretofore delegated, the functions
vested in the President pursuant to subchapter II of chapter 2 of title
I of the Panama Canal Act of 1979 (93 Stat. 463) are hereby delegated to
the Secretary of Defense.
1-4. Other Agencies.
1-401. The functions vested in the President by sections 1111 and
3301 of the Panama Canal Act of 1979 (93 Stat. 459 and 497; 22 U.S.C.
3621 and 3871), are delegated to the Secretary of State. The Secretary
shall perform these functions in coordination with the Secretary of
Defense.
1-402. The functions vested in the President by sections 1112(d),
1344(b), and 1504(b) of the Panama Canal Act of 1979 (93 Stat. 460, 484,
and 488; 22 U.S.C. 3622(d), 3754(b), and 3784(b)) are delegated to the
Secretary of State.
1-403. The functions vested in the President by section 1243(a)(1)
of the Panama Canal Act of 1979 (93 Stat. 473; 22 U.S.C. 3681(a)(1)) are
delegated to the Director of the Office of Personnel Management.
1-404. Paragraphs (22) and (23) of section 1 of Executive Order No.
11609, as amended, and Executive Order No. 11713 are revoked.
[51 FR 21359, June 12, 1986]
PART 7--CLAIMS OF EMPLOYEES OF PANAMA CANAL COMMISSION UNDER MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT OF 1964, AS AMENDED--Table of Contents
Sec.
7.1 Definitions.
7.2 Applicability and 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.
Authority: Sec. 3, 78 Stat. 767; 31 U.S.C. 241.
Source: 31 FR 12406, Sept. 17, 1966, unless otherwise noted.
[[Page 9]]
Sec. 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 Commission (also
referred to as the Commission) and includes a member of the uniformed
services assigned to duty with the Commission;
(c) Government means the Panama Canal Commission unless the context
indicates a broader meaning;
(d) Chief Financial Officer means the Chief Financial Officer of the
Panama Canal Commission acting for and in behalf of the Commission;
(e) Chief Accountant means Chief Accountant of the Panama Canal
Commission acting for and in behalf of the Commission;
(f) Chief, Claims Branch, means the Chief of the Claims Branch,
Accounting Division, of the Panama Canal Commission acting for and in
behalf of the Commission.
[31 FR 12406, Sept. 17, 1966, as amended at 44 FR 75308, Dec. 19, 1979]
Sec. 7.2 Applicability and scope.
Pursuant to the Act, the Government will settle and pay claims by
employees for the loss of or damage to personal property which occurs
incident to Government service. Each such claim must be substantiated
and the possession of the property must be shown to have been
reasonable, useful, or proper under the circumstances. The maximum
amount allowable on any claim is $15,000. In lieu of a cash settlement,
property may be replaced in kind at the option of the Government.
[42 FR 17875, Apr. 4, 1977]
Sec. 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.
Sec. 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.
Sec. 7.5 Principal types of claims payable.
The following examples are illustrative of the circumstances or
situations out of which compensable claims may arise. Loss or damage due
to other causes may also be payable under these regulations.
(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 vehicles, trailers, and
property contained therein, which:
[[Page 10]]
(1) Is incident to the performance of duty and is sustained as a
result of or in connection with civil disturbance, public disorder,
efforts to save human life or Government property, or a natural or other
disaster; or
(2) Occurs in areas and installations in the Republic of Panama made
available to the United States pursuant to the Panama Canal Treaty of
1977 and related agreements and results from vandalism that is
determined to have been politically motivated.
(d) Damage to or loss of property which is incident to the
performance of duty, Provided, That such damage or loss results from an
incident that is not attributable to a common or usual risk of the
claimant's employment.
(e) Damage to or loss of property used for the benefit of the
Government at the direction of a responsible official.
(f) Money deposited with an authorized Government agent for
safekeeping.
(g) 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.
(Sec. 3(b)(1), Pub. L. 96-70, 93 Stat. 455)
[31 FR 12406, Sept. 17, 1966, as amended at 42 FR 17875, Apr. 4, 1977;
44 FR 75308, Dec. 19, 1979]
Sec. 7.6 Principal types of claims not payable.
The following are examples of types and categories of property for
which compensation will not be allowed:
(a) Losses or damages totaling less than one dollar.
(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, flood, 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 Sec. 7.5 (c) or
(d)).
(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 property contained therein (unless allowable under Sec. 7.5
(c), (d) or (g)).
(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.
(l) 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.
(o) Loss in quarters located within the 50 States or the District of
Columbia not assigned or otherwise provided in kind by the Government.
[31 FR 12406, Sept. 17, 1966, as amended at 42 FR 17875, Apr. 4, 1977;
44 FR 75308, Dec. 19, 1979]
Sec. 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.
Sec. 7.8 Computation of award.
(a) Lost or destroyed property. The amount allowable for an item of
property that is lost or destroyed may not exceed its actual value at
the time the
[[Page 11]]
loss occurs. Such value may be based upon the replacement cost at the
place where claimant resides when award is made, subject to appropriate
depreciation to reflect the age and condition of the item at the time of
loss and to reduction for salvage value, if any. Property is considered
``destroyed'', for purposes of this section, if the cost of repairs
would exceed the value of the property immediately prior to the incident
out of which the claim arose.
(b) Damaged property. Normally the amount allowable for damaged
property will be the cost of repairs, unless it is determined to be in
the best interests of the Government to authorize a higher award.
(c) Special limitations. There is reserved to the Chief, Claims
Branch, subject to the supervision of the Chief Accountant, the
authority to fix the maximum amount payable for specific classes of
articles, to establish limitations on the maximum quantity of an item
for which payment will be allowed, and, when appropriate, to require
that repairs be made by the Government.
[42 FR 17875, Apr. 4, 1977]
Sec. 7.9 Claims procedure.
The claimant must submit his claim in writing on a prescribed form
covering employees claims for loss of or damage to personal property.
The form should be sent to the Panama Canal Commission, Chief, Claims
Branch, Office of Financial Management, Unit 2300, APO AA 34011-2300 (or
Balboa, Republic of Panama).
[44 FR 75308, Dec. 19, 1979, as amended at 59 FR 26122, May 19, 1994]
Sec. 7.10 Supporting papers.
In addition to the information provided on the claim form, the
claimant may be required to furnish the following:
(a) Detailed estimates of the value of the property immediately
before the incident out of which the claim arose and detailed estimates
of the repair costs.
(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.
[31 FR 12406, Sept. 17, 1966, as amended at 42 FR 17875, Apr. 4, 1977]
Sec. 7.11 Settlement.
Upon receipt of a claim under the regulations in this part, the
Chief, Claims Branch, subject to the supervision of the Chief
Accountant, shall make a determination with respect to its merits and,
if allowable, authorize payment. If the claim is disallowed in whole or
in part, the claimant shall be advised in writing as to the reason for
the disallowance. The settlement determination by the Chief, Claims
Branch, is final and conclusive.
[42 FR 17875, Apr. 4, 1977]
Sec. 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 a 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.
[[Page 12]]
PART 9--ORGANIZATION, FUNCTIONS, AND AVAILABILITY OF RECORDS--PANAMA CANAL COMMISSION--Table of Contents
Subpart A--Organization and Functions of the Commission; Availability of
Information and Official Records
Sec.
9.1 Purpose of this subpart.
9.2 Organization.
9.3 Functions.
9.4 How to request general information or publications.
9.5 The Freedom of Information Act.
9.6 How to make a Freedom of Information Act request.
9.7 How your Freedom of Information Act request will be handled.
9.8 How to make an appeal under the Freedom of Information Act.
9.9 How your Freedom of Information Act appeal will be handled.
9.10 How the Commission may extend the time to respond to your request
or appeal.
9.11 Fees for Freedom of Information Act requests.
9.12 Definitions.
9.13 Classifying requests for fee purposes.
9.14 Current index.
9.15 Annual report.
9.16 Predisclosure notification procedures for confidential commercial
information.
Subpart B--Vital Statistics Records
9.31 Definitions.
9.32 Administration.
9.33 Functions of the Vital Statistics Unit.
9.34 Supplementary certificate upon adoption.
9.35 New birth certificate upon legitimation.
9.36 Delayed filing of birth certificate.
9.37 Altered certificates.
9.38 Certified copies of records.
9.39 Disclosure of records.
Authority: 5 U.S.C. 552, as amended by Pub. L. 99-570, 100 Stat.
3207; 22 U.S.C. 3611; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p.
235.
Source: 44 FR 75309, Dec. 19, 1979, unless otherwise noted.
Subpart A--Organization and Functions of the Commission; Availability of
Information and Official Records
Sec. 9.1 Purpose of this subpart.
This subpart describes the organization and functions of the Panama
Canal Commission (referred to in this part as ``the Commission'' or
``Agency'') and explains how a member of the public may request records
from this agency under the Freedom of Information Act.
Sec. 9.2 Organization.
The principal office of the Panama Canal Commission is located at
Balboa Heights, Republic of Panama. The Office of the Secretary of the
Panama Canal Commission is located at International Square, 1825 I
Street, NW., suite 1050, Washington, DC 20006-5402. The Commission also
maintains a procurement office at 4400 Dauphine Street, New Orleans, LA
70146-6800.
[52 FR 31397, Aug. 20, 1987; 53 FR 16256, May 6, 1988, as amended at 59
FR 26122, May 19, 1994]
Sec. 9.3 Functions.
(a) The Panama Canal Commission, which replaced the Canal Zone
Government and the Panama Canal Company effective October 1, 1979, is
established in the executive branch of the United States by the Panama
Canal Act of 1979 (Pub. L. 96-70, 93 Stat. 452) as an agency of the
United States, for the purpose of maintaining and operating the Panama
Canal and the facilities and appurtenances related thereto. As provided
in section 1101 of that Act, the authority of the President with respect
to the Commission is exercised through the Secretary of Defense.
(b) As provided in the Panama Canal Act of 1979, the supervision of
the Commission is vested in a Board composed of nine members, one of
whom is the Secretary of Defense or an officer of the Department of
Defense designated by the Secretary. Not fewer than five
[[Page 13]]
members of the Board are nationals of the United States; the remaining
members are nationals of the Republic of Panama.
(c) The President appoints the members of the Board. The members of
the Board who are United States nationals are appointed by and with the
advice and consent of the Senate. Each member of the Board holds office
at the pleasure of the President.
(d) The Administrator of the Commission, who is appointed by the
President, by and with the advice and consent of the Senate, holds
office at the pleasure of the President.
(e) The Commission maintains and operates the Panama Canal and
facilities and appurtenances related thereto, including electric power,
water, and telephone systems; procurement and storehouse facilities;
motor transportation services; an agency press and duplicating center;
marine and general repair shop; and an employees' housing system.
(The Panama Canal Act of 1979, secs. 1101, 1102, 1103, Pub. L. 96-70, 93
Stat. 456, 457)
Sec. 9.4 How to request general information or publications.
The Commission has an Office of Public Affairs which is responsible
for providing information about the agency to members of the public and
the press. If you are interested in general information about the
Commission's activities, or copies of its publications, you should
write, visit, or call this office. Address letters to: Panama Canal
Commission, Office of Public Affairs, Unit 2300, APO AA 34011-2300 (or
Balboa, Republic of Panama).
[46 FR 48659, Oct. 2, 1981, as amended at 52 FR 31397, Aug. 20, 1987; 53
FR 16256, May 6, 1988; 59 FR 26122, May 19, 1994]
Sec. 9.5 The Freedom of Information Act.
(a) The Freedom of Information Act (5 U.S.C. 552) is a law which
creates a procedure for any person to request official records from
United States Government agencies. The rest of the rules in this subpart
explain how you may request official records from the Panama Canal
Commission.
(b) The Freedom of Information Act requires every United States
Government agency to make official records available to any person who
requests them, unless the records that the person requests fall within
one of more of the exceptions to availability listed in the law. For
more details about these exceptions, see subsection (b) of section 552,
Title 5, United States Code, available in libraries.
(c) The Freedom of Information Act does not require an agency to
create records or compile information that you would like to have. The
law deals only with making existing records available.
[44 FR 75309, Dec. 19, 1979, as amended at 52 FR 31397, Aug. 20, 1987;
53 FR 16256, May 6, 1988]
Sec. 9.6 How to make a Freedom of Information Act request.
(a) To make a request for a record using the Freedom of Information
Act, you must:
(1) Write to the Panama Canal Commission, Agency Records Officer
(Chief, Administrative Services Division), Unit 2300, APO AA 34011-2300
(or Balboa, Republic of Panama); and
(2) State in your letter that you are making a request under the
Freedom of Information Act, and clearly mark the envelope ``Freedom of
Information Act Request''. A request under 5 U.S.C. 552 which is not
properly addressed and is not marked in this way shall not be considered
to be received by the agency until it has actually been received by the
Agency Records Officer.
(3) In your letter, reasonably describe the records you are seeking.
Be as specific in describing the records as you can. Although it is not
required, it will be helpful if, whenever possible, you supply in your
letter specific information regarding dates, titles, file designations,
the office where you believe the records may be found, and other
information which may help to identify the records.
(b) The Panama Canal Commmission may request that you furnish
information as to the purpose of your request. Such information is
required to assist agency officials in categorizing your request in
order to accurately assess fees.
[44 FR 75309, Dec. 19, 1979, as amended at 52 FR 31397, Aug. 20, 1987;
53 FR 16256, May 6, 1988; 59 FR 26122, May 19, 1994]
[[Page 14]]
Sec. 9.7 How your Freedom of Information Act request will be handled.
(a) The official responsible for deciding whether your request will
be granted is the Agency Records Officer. That official must make the
decision and send you notification of it within ten working days after
the Commission receives your request. In unusual circumstances, the
Commission may extend the time for responding to your request. For
details, see Sec. 9.10 of this part.
(b) If the Agency Records Officer denies your request, in whole or
in part, the letters sent to you to notify you of this decision must:
(1) Tell you why the request is being denied;
(2) Tell you that you have the right, by appealing the decision, to
require the agency to reconsider its decision; and
(3) Tell you how to make an appeal.
(c) If you request records or information which is in the files of
the Commission but which originated in another Federal agency, the
Agency Records Officer may refer your request to that agency. In that
case, the Agency Records Officer will inform you that your request has
been referred to the originating agency.
Sec. 9.8 How to make an appeal under the Freedom of Information Act.
(a) If you are not satisfied with the decision of the Agency Records
Officer, you may require the Commission to reconsider that decision.
This is called ``making an appeal.''
(b) To make an appeal, you must:
(1) Write to the Panama Canal Commission, Director, Office of
Executive Administration, Unit 2300, APO AA 34011-2300 (or Balboa,
Republic of Panama); and
(2) State in your letter that you are making an appeal under the
Freedom of Information Act, and clearly mark the envelope ``Freedom of
Information Act Appeal''; and
(3) Mail or deliver the letter of appeal within ten working days
after you receive the letter from the Agency Records Officer.
(c) Although it is not required, it may be helpful if you clearly
indicate in your appeal the reasons why you disagree with the decision
on your request and your reasons for wanting the records.
[44 FR 75309, Dec. 19, 1979, as amended at 46 FR 48659, Oct. 2, 1981; 52
FR 31397, Aug. 20, 1987; 53 FR 16256, May 6, 1988; 59 FR 26122, May 19,
1994]
Sec. 9.9 How your Freedom of Information Act appeal will be handled.
(a) The official responsible for deciding whether to grant your
appeal is the Director, Office of Executive Administration of the Panama
Canal Commission. That official must make that decision and send you
notification of it within 20 working days after receiving your appeal.
In unusual circumstances, the Commission may extend the time for
responding to your appeal. For details, see Sec. 9.10 of this part.
(b) If the Director, Office of Executive Administration denies your
appeal, in whole or in part, the letter sent to you to notify you of
this decision must:
(1) Tell you why the appeal is being denied;
(2) Tell you that this denial is the Commission's final decision;
and
(3) Tell you that you have the right to request a U.S. District
Court to review the denial of your appeal, as provided by 5 U.S.C.
552(a)(4)(B), as amended.
[44 FR 75309, Dec. 19, 1979, as amended at 46 FR 48659, Oct. 2, 1981]
Sec. 9.10 How the Commission may extend the time to respond to your request or appeal.
(a) In unusual circumstances, the Commission may extend the time for
making a decision about your request or about your appeal. If the
Commission does extend the time, it will do so by sending you a written
notice signed by the Agency Records Officer. The notice will:
(1) Tell you why it is necessary to extend the time;
(2) Tell you how long the time has been extended; and
(3) Tell you the date when you can expect the decision about your
request or your appeal to be sent to you.
(b) The Commission may extend the time for making a decision about
your request or your appeal by a total of ten
[[Page 15]]
working days. The extension period may be split between the request and
the appeal, but it may not exceed ten working days overall.
(c) The unusual circumstances which may reasonably require an
extension of time for the proper handling of your request or appeal are:
(1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request; or
(2) The need to search for, collect, and appropriately examine a
voluminous quantity of separate and distinct records which are demanded
in a single request; or
(3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest in
the determination of the request or among two or more components of the
Commission having substantial subject matter interest in the request.
Sec. 9.11 Fees for Freedom of Information Act requests.
(a) The following are fees charged by the Commission for document
search and reproduction.
(1) Search for records: $7.10 per hour of search conducted by
clerical personnel, and $23.50 per hour of search conducted by
supervisory or professional personnel.
(2) Search requiring computers: $185.94 for the first two hours or
fraction of the first two hours; $92.97 for each additional hour.
(3) Copying: $0.13 per page for the first copy of a record. The word
``page'' refers to a paper copy of a standard agency size which is 8\1/
2\" x 11" or 11" x 14". For additional copies, you will be charged the
official Panama Canal Commmission tariff rate for reproduction.
(4) Converting microfilm to paper copy: $0.13 per page for the first
copy of a record. For additional copies, you will be charged the
official Panama Canal Commission tariff rate for reproduction. Microfilm
search charges will be at the clerical rate.
(5) Duplication of tape recordings: (i) Labor costs: $10.65 per \1/
2\ hour for 40 channel tape recording; $7.30 per \1/2\ hour for basic
tape recording; $9.35 per \1/2\ hour for video tape recording. Minimum
charge for taping is \1/2\ hour.
(ii) Material costs: No cost will be assessed to tapes if provided
by requester. If agency furnishes tapes, the requester will be charged
direct purchasing costs.
(6) Duplication of photographs: Black and white, up to 8" x 10",
$2.55 per print; color, up to 8" x 10", $9.20 per print.
(7) Duplication of canal sounding and engineering charts, graphs,
and drawings (reproducible and non-reproducible) at cost recovery rate.
(8) Other services: If there is no specific fee listed in this
section for a service necessary for handling your request, you will be
charged the official agency tariff for that service. If no tariff exists
for that service, the Agency Records Officer is authorized to charge the
direct cost to the Commission of that service.
(b) Review fees are chargeable only when a request is for a
commercial use, as defined in Sec. 9.12. Review fees will be charged in
accordance with the search fee rates set forth in Sec. 9.11(a)(1).
(c) If the Commission estimates that search charges are likely to
exceed $25.00, and the requester has not previously agreed to pay fees
as high as those anticipated, the agency will notify the requester of
the estimated amount of fees, and offer the requester the opportunity to
revise the request.
(d) The Panama Canal Commission may require a requester to pay fees
in advance only if the estimated charges are likely to exceed $250.00,
or the requester has previously failed to pay a fee in a timely fashion
(i.e., within 30 days of the date of billing).
(1) If the requester has a history of prompt payment, and the
estimated charges are likely to exceed $250.00, the Commission will
notify the requester of the estimated cost and obtain satisfactory
assurance of full payment.
(2) If the requester has no prior payment history, and the estimated
charges are likely to exceed $250.00, the agency may require an advance
payment of an amount up to the full amount of estimated charges.
(3) If the requester has a poor payment history, the agency may
require advance payment of the full amount of
[[Page 16]]
the estimated fees, as well as any amount currently owed, plus interest
on the delinquent amount, before the agency begins to process a new or
pending request from that requester.
(4) When the agency acts under this subsection, the administrative
time limits prescribed in Secs. 9.7(a) and 9.9(a) will begin only after
receipt of the required fee payments.
(e) If you wish to request a waiver or reduction of fees, you must
do so in writing to the Chief, Administrative Services Division, Agency
Records Officer, Panama Canal Commission, Unit 2300, APO AA 34011-2300.
The Agency Records Officer may waive or reduce the fees if the official
decides that providing the records you request would be in the public
interest because it is likely to contribute significantly to public
understanding of the operations or activities of the government, and is
not primarily in the commercial interest of the requester. Requests for
a waiver or reduction of fees shall be considered on a case-by-case
basis.
(1) In order to determine whether disclosure of the information is
in the public interest because it is likely to contribute significantly
to public understanding of the operations or activities of the
government, the Agency Records Officer will consider the following four
factors:
(i) The subject of the request: Whether the subject of the requested
records concerns the operations or activities of the government;
(ii) The informative value of the information to be disclosed:
Whether the disclosure is likely to contribute to an understanding of
government operations or activities;
(iii) The contribution to an understanding of the subject by the
general public likely to result from disclosure: Whether disclosure of
the requested information will contribute to public understanding; and
(iv) The significance of the contribution to public understanding:
Whether the disclosure is likely to contribute significantly to public
understanding of government operations or activities.
(2) In order to determine whether disclosure of the information is
not primarily in the commercial interest of the requester, the Agency
Records Officer will consider the following two factors:
(i) The existence and magnitude of a commercial interest: Whether
the requester has a commercial interest that would be furthered by the
requested disclosure; and, if so
(ii) The primary interest in disclosure: Whether the magnitude of
the identified commercial interest of the requester is sufficiently
large, in comparison with the public interest in disclosure, that
disclosure is primarily in the commercial interest of the requester.
(3) The Agency Records Officer will not consider waiver or reduction
of fees for requesters (persons or organizations) from whom unpaid fees
remain due to the Agency for another information access request.
(4) The Agency's decision to refuse to waive or reduce fees as
requested under this section may be appealed to the Director, Office of
Executive Administration, Panama Canal Commission, Unit 2300, APO AA
34011-2300. Appeals should contain as much information and documentation
as possible to support the request for a waiver or reduction of fees.
The requester will be notified within thirty working days from the date
on which the Agency received the appeal.
(f) This agency will assess interest charges on an unpaid bill
starting on the 31st day following the day on which the bill was sent.
Interest will be computed at the rate prescribed in Section 3717 of
Title 31, United States Code, and will accrue from the date of the
billing.
[52 FR 31397, Aug. 20, 1987, as amended at 53 FR 16256, May 6, 1988; 59
FR 26122, May 19, 1994]
Sec. 9.12 Definitions.
Commercial use refers to a request or a requester seeking
information for a use or purpose that furthers the commercial, trade, or
profit interests of the requester or the person on whose behalf the
request is made.
Duplication refers to the process of making a copy of document
necessary to respond to a Freedom of Information Act request. Such
copies can take the form of paper copy, microfilm, audio-visual
materials, or machine readable
[[Page 17]]
documentation (e.g., magnetic tape or disk), among others. The copy
provided will be in a form that is reasonably usable by the requester.
Educational institution refers to a preschool, a public or private
elementary or secondary school, an institution of graduate higher
education, an institution of undergraduate higher education, an
institution of professional education, and an institution of vocational
education, which operates programs of scholarly research.
Non-commercial scientific institution refers to an institution that
is not operated on a commercial basis and which is operated solely for
the purpose of conducting scientific research, the results of which are
not intended to promote any particular product or industry.
Representative of the news media refers to any person actively
gathering news for an entity that is organized and operated to publish
or broadcast news to the public. As used herein, the word ``news'' means
information that is about current events or that would be of current
interest to the public.
Review refers to the process of examining documents located in
response to a request that is for a commercial use to determine whether
any portion of any document located is permitted to be withheld. It also
includes the time spent processing any documents for disclosure; i.e.,
doing all that is necessary to delete unreleasable portions and prepare
documents for release. Review does not include time spent resolving
general legal or policy issues regarding the application of exemptions.
Search time is the time spent by the agency to identify the
documents requested and will be charged in accordance with
Sec. 9.11(a)(1) and (2).
[52 FR 31398, Aug. 20, 1987; 53 FR 16256, May 6, 1988]
Sec. 9.13 Classifying requests for fee purposes.
(a) When the Panama Canal Commission receives a request for
documents that appears to be for commercial use, fees will be assessed
for the total search time, review time, and all duplication of the
documents. Requestors must reasonably describe the records sought. When
the agency has reasonable cause to doubt the stated use of the
documents, or where the use is not clear from the request itself, the
agency can seek additional clarification. Requesters should note that
the Panama Canal Commission may assess fees for search and review even
if no documents are determined to be releasable under the Freedom of
Information Act.
(b) Educational institution requesters will be provided the first
100 pages of duplication without charge and will not be charged for
search time. To be eligible for this reduction in fees, the requester
must show that the request is being made under the auspices of a
qualifying institution and that the records are being sought to further
scholarly research and not for commercial use. The requester must
reasonably describe the records sought.
(c) Non-commercial scientific institution requesters will be
provided the first 100 pages without charge and will not be charged for
search time. To be eligible for this reduction in fees, the requester
must show that the request is being made under the auspices of a
qualifying institution and that the records are being sought to further
scientific research and not for commercial use. The requester must
reasonably describe the records sought.
(d) Representatives of the news media will be provided the first 100
pages without charge and will not be charged for search time. To be
eligible for reduction in fees, the requester must meet the criteria
prescribed in Sec. 9.12 and the request must not be for commercial use.
A request for records supporting the news dissemination function of the
requester will not be considered to be a request that is for a
commercial use. The requester must reasonably describe the records
sought.
(e) For all other requesters who do not fit into the above
categories, fees will be charged which recover the full reasonable
direct cost of searching for and reproducing records that are responsive
to the request, except that the first 100 pages of reproduction and the
first two hours of search time will be furnished without charge. The
requester must reasonably describe the records sought.
[[Page 18]]
(f) Those requesters searching for records about themselves will be
treated under the Privacy Act of 1974 and will only be charged for
reproduction costs.
(g) A requester may not file multiple requests solely in order to
avoid payment of fees. When the agency reasonably believes that a
requester is attempting to separate a request into a series of requests
for the purpose of evading the assessment of fees, the agency may
aggregate any such requests and charge accordingly.
[52 FR 31398, Aug. 20, 1987; 53 FR 16256, May 6, 1988]
Sec. 9.14 Current index.
(a) The Commission maintains and will make available for public
inspection and copying a current index of the agency's opinions, policy
statements, administrative staff manuals, and instructions to staff that
affect a member of the public.
(b) The Commission has decided that it is not necessary to publish
this index.
(c) On request, the Commission will provide copies of this index to
members of the public. The charges for the copies will be no greater
than those set out in Sec. 9.11.
[44 FR 75309, Dec. 19, 1979. Redesignated at 52 FR 31397, Aug. 20, 1987;
53 FR 16256, May 6, 1988]
Sec. 9.15 Annual report.
On or before March 1 of each calendar year, the Panama Canal
Commission sends to both Houses of Congress a report of its activities
in connection with the Freedom of Information Act during the preceding
calendar year. The Freedom of Information Act requires each agency to
make this report and to include in it such information as: how many
requests were denied and why; how many denials were appealed and the
result of those appeals; the name and title of each official who denied
a request; and other information showing how the agency administered the
Freedom of Information Act during the period covered by the report.
[44 FR 75309, Dec. 19, 1979. Redesignated at 52 FR 31397, Aug. 20, 1987;
53 FR 16256, May 6, 1988]
Sec. 9.16 Predisclosure notification procedures for confidential commercial information.
(a) In general. Confidential commercial information provided to the
Panama Canal Commission by a submitter shall not be disclosed pursuant
to a Freedom of Information Act (FOIA) request except in accordance with
this section. The following definitions apply:
(1) Confidential commercial information means records provided to
the Commission by a submitter that arguably contain material exempt from
release under Exemption 4 of the Freedom of Information Act, 5 U.S.C.
552(b)(4), because disclosure could reasonably be expected to cause
substantial competitive harm.
(2) Submitter means any person or entity who provides confidential
commercial information to the Commission. The term ``submitter''
includes, but is not limited to, corporations, state governments, and
foreign governments.
(b) Notice to submitters. The Panama Canal Commission shall provide
a submitter with prompt notice of receipt of a Freedom of Information
Act request encompassing its confidential commercial information
whenever required in accordance with paragraph (c) of this section, and
except as provided in paragraph (g) of this section. The written notice
shall either describe the exact nature of the information requested or
provide copies of the records or portions of records containing the
requested information.
(c) When notice is required. (1) For confidential commercial
information submitted prior to January 1, 1988, the Panama Canal
Commission shall provide a submitter with notice of receipt of a FOIA
request whenever:
(i) the records are less than 10 years old and the information has
been designated by the submitter as confidential commercial information;
(ii) The Panama Canal Commission has reason to believe that
disclosure of the information could reasonably result in commercial or
financial harm to the submitter; or
(iii) The information is subject to the prior express commitment of
confidentiality given by the Commission to the submitter.
[[Page 19]]
(2) For confidential commercial information submitted on or after
January 1, 1988, the Commission shall provide a submitter with notice of
receipt of a FOIA request whenever:
(i) The submitter has in good faith designated the information as
commercially or financially sensitive; or
(ii) The Commission has reason to believe that disclosure of the
information could reasonably result in commercial or financial harm to
the submitter.
(3) Notice of a request for confidential commercial information
falling within paragraph (c)(2)(i) of this section shall be required for
a period of not more than ten years after the date of submission unless
the submitter requests, and provides acceptable justification for, a
specific notice period of greater duration.
(4) Whenever possible, the submitter's claim of confidentiality
shall be supported by a statement or certification by an officer or
authorized representative of the company that the information in
question is in fact confidential commercial or financial information and
that the information has not been disclosed to the public.
(5) When notice is given to a submitter under this section, the
Commission shall at the same time provide written notice to the
requester that it is affording the submitter a reasonable period of time
within which to object to disclosure and that, therefore, there will be
a delay in responding to the request because of the overseas location of
the agency and the time requirements to obtain responses from the
submitters.
(d) Opportunity to object to disclosure. (1) The notice required by
paragraph (b) of this section shall afford a submitter ten (10) working
days within which to provide the Commission with a detailed statement of
any objection to disclosure. Such statement must specify all grounds for
withholding information under any exemption of the Freedom of
Information Act and, in the case of Exemption 4, must demonstrate why
the information is contended to be a trade secret or commercial or
financial information which is considered privileged or confidential and
capable of causing competitive damage if disclosed. Information provided
by a submitter pursuant to this paragraph may itself be subject to
disclosure under the Freedom of Information Act.
(e) Notice of intent to disclose. The Commission will carefully
consider the submitter's objections to release prior to determining
whether or not to disclose the information. Whenever the Commission
decides to disclose information over the objection of the submitter, the
Commission will forward a written notice to the submitter which shall
include:
(1) A statement of the reasons for which the submitter's disclosure
objections were not sustained;
(2) A description of the confidential commercial information to be
disclosed; and,
(3) A specific disclosure date, which shall be ten (10) working days
after the notice of the final decision to release the requested
information has been mailed to the submitter.
(4) When notice is given to a submitter under this section, the
Commission will notify the requester that such notice has been given to
the submitter and the proposed date for disclosure.
(f) Notice of lawsuit. (1) Whenever a requester brings legal action
seeking to compel disclosure of information covered by paragraph (c) of
this section, the Commission shall promptly notify the submitter.
(2) Whenever a submitter brings legal action seeking to prevent
disclosure of information covered by paragraph (c) of this section, the
Commission shall notify the requester.
(g) Exception to notice requirement. The notice requirements of
paragraph (c) of this section shall not apply if:
(1) The Panama Canal Commission determines that the information
should not be disclosed;
(2) The information has been published or otherwise officially made
available to the public;
(3) Disclosure of the information is required by law (other than 5
U.S.C. 552); or
(4) The information was acquired in the course of a lawful
investigation of a possible violation of criminal law.
[56 FR 11373, Mar. 18, 1991]
[[Page 20]]
Subpart B--Vital Statistics Records
Sec. 9.31 Definitions.
As used in this subpart:
Live birth means the birth of a child who shows evidence of life
after the child is entirely outside the mother.
Stillbirth means a birth after 20 weeks of gestation which is not a
live birth.
Physician means a person legally authorized to practice medicine
before October 1, 1979, in the area then known as the Canal Zone.
Vital statistics includes the registration, preparation,
transcription and preservation of data pertaining to marriages, births,
adoptions, legitimations, deaths, stillbirths, and data incidental
thereto.
Vital Statistics Unit means the organizational unit charged by the
Administrator of the Panama Canal Commission with the function of vital
statistics.
Sec. 9.32 Administration.
The Vital Statistics Unit shall administer this subpart, under the
supervision of the Administrator or his designee.
Sec. 9.33 Functions of the Vital Statistics Unit.
The Vital Statistics Unit is the keeper of the vital statistics
records of the Canal Zone Government. Some of the functions previously
performed by that unit were discontinued on October 1, 1979, when the
Canal Zone and its civil government ceased to exist. The Vital
Statistics Unit now performs the residual functions of recordkeeping;
i.e., it is limited to performing the following:
(a) Maintaining all vital statistics records of the Canal Zone
Government.
(b) Performing the vital statistics functions as defined in
Sec. 9.31 of this part for those events which occurred in the Canal Zone
before October 1, 1979, and which were not previously registered in that
unit. This includes the delayed registration of a birth that occurred
prior to October 1, 1979.
(c) The alteration of records which are filed in that unit.
(d) The issuance of copies of documents filed in that unit.
(Panama Canal Treaty of 1977 and related agreements and Pub. L. 96-70,
93 Stat. 452)
Sec. 9.34 Supplementary certificate upon adoption.
Upon receipt of a certified copy of an order or decree of adoption,
the Vital Statistics Unit shall prepare a supplementary certificate in
the new name of the adopted person and shall seal and file the original
certificate of birth with such certified copy attached thereto. The
sealed documents may be opened only upon the demand of the adopted
person, if of legal age, or by an order of court. Upon receipt of a
certified copy of a court order of annulment of the adoption, the
original certificate shall be restored to its original place in the
file.
Sec. 9.35 New birth certificate upon legitimation.
In cases of legitimation the Vital Statistics Unit, upon receipt of
proof thereof, shall prepare a new certificate of birth in the new name
of the legitimated child. The evidence upon which the new certificate is
made and the original certificate shall be sealed and filed and may be
opened only upon the demand of the person involved, if of legal age, or
by an order of court.
Cross Reference: Legitimation of child, see 8 P.C.C. 335, 387, 76A
Stat. 689, 691. See also 7 P.C.C. 576, 76A Stat. 571.
Sec. 9.36 Delayed filing of birth certificate.
(a) When a live birth occurred in the Canal Zone (prior to October
1, 1979), a certificate of live birth should have been filed with the
Vital Statistics Unit within five days after the birth by the physician,
midwife, or other legally authorized person in attendance at the birth
or, if the birth was not so attended, by one of the parents. If a
certificate of live birth in the Canal Zone was not filed during that
time, it may still be possible to file a delayed certificate of birth by
following the procedure set forth in paragraph (b) of this section.
(b) A delayed certificate of live birth may be filed upon the
submission to, and receipt by, the Vital Statistics Unit of such
evidence, in the form of affidavits or otherwise, as the Vital
Statistics Unit deems sufficient to establish satisfactorily the truth
of the facts alleged in support of the request
[[Page 21]]
for delayed filing. Certificates accepted more than six months after the
time prescribed for filing in paragraph (a) of this section shall
contain the date of the delayed filing and shall be marked ``delayed.''
A summary statement of the evidence submitted in support of the
acceptance for delayed filing shall be endorsed on the certificate. Such
evidence shall be kept in a special permanent file.
Sec. 9.37 Altered certificates.
Certificates of marriage, birth, stillbirth, or death filed in the
Vital Statistics Unit may be altered upon the submission to, and receipt
by, the Vital Statistics Unit of such evidence, in the form of
affidavits or otherwise, as that unit deems sufficient to establish
satisfactorily the truth of the facts alleged in support of the request
for alteration. Certificates which are altered after being filed shall
contain the date of the alteration and shall be marked ``altered.'' A
summary statement of the evidence submitted in support of the acceptance
for alteration shall be endorsed on the certificate. Such evidence shall
be kept in a special permanent file.
Sec. 9.38 Certified copies of records.
Subject to the restrictions contained in Sec. 9.39, a certified copy
of a certificate on file or any part thereof shall be furnished to any
applicant upon request. The person designated by the Administrator or by
the Administrator's designee to act as Vital Statistics Clerk shall be
the person to certify copies of such certificates or parts thereof.
Charges shall be made for certified copies of vital statistics records
at the rate prescribed in the official Panama Canal Commission tariff.
Sec. 9.39 Disclosure of records.
Inspection of a vital statistics record is not permitted, and a
certified copy of a certificate or part thereof may not be issued,
unless the Vital Statistics Unit is satisfied that the applicant has a
direct and legitimate interest in the matter recorded or that the
information therein contained is necessary for the determination of
personal or property rights.
PART 10--ACCESS TO INFORMATION ABOUT INDIVIDUALS--Table of Contents
Sec.
10.1 Purpose of this part.
10.2 The Privacy Act of 1974.
10.3 Definitions.
10.4 When this part applies.
10.5 How to make a Privacy Act request.
10.6 How to identify yourself.
10.7 How your Privacy Act request will be handled.
10.8 When, where, and under what conditions you may review the records.
10.9 Special procedures for medical records.
10.10 How to request review of a system manager's denial of access.
10.11 Fees for Privacy Act requests.
10.12 How to request amendment of your record under the Privacy Act.
10.13 How your Privacy Act request for amendment will be handled.
10.14 How to appeal a refusal to amend a record under the Privacy Act.
10.15 How your Privacy Act appeal will be handled.
10.16 Rights of parents and legal guardians.
10.17 Conditions under which the Commission may disclose an
individual's record to other persons.
10.18 Accounting of certain disclosures.
10.19 Records about deceased persons.
10.20 Penalties for noncompliance with the Act.
10.21 General exemptions.
10.22 Specific exemptions.
Appendix A to Part 10--General Routine Uses
Authority: 5 U.S.C. 552a.
Source: 44 FR 75312, Dec. 19, 1979, unless otherwise noted.
Sec. 10.1 Purpose of this part.
The purpose of this part is to establish Panama Canal Commission
policies and procedures for implementing the Privacy Act of 1974 (Pub.
L. 93-579), and particularly the provisions of 5 U.S.C. 552a.
Sec. 10.2 The Privacy Act of 1974.
The Privacy Act of 1974 (referred to in this part as ``the Privacy
Act'') is a law which provides safeguards against the invasion of an
individual's personal privacy. The Privacy Act creates a procedure for
an individual to request access to or amendment of a record about
himself or herself that is maintained
[[Page 22]]
by an agency of the United States Government. It also places certain
restrictions on the disclosure of records containing information about
an individual to other persons. The rest of the rules in this part:
(a) Explain how you may request access to or amendment of records
about yourself that are maintained by the Panama Canal Commission
(referred to in this part as ``the Commission'' or ``the agency'');
(b) Explain the conditions under which the Commission may disclose
information about an individual to others without the individual's
consent; and
(c) List the systems of records maintained by the Commission which
are exempt from certain provisions of the Privacy Act, including the
provisions for access and amendment.
Sec. 10.3 Definitions.
(a) All terms used in this part which are defined in the Privacy Act
(5 U.S.C. 552a(a)) shall have the same meanings as they do in that Act.
(b) Agency Records Officer means the Chief, Administrative Services
Division, Panama Canal Commission.
(c) Director of Executive Administration means the Director, Office
of Executive Administration of the Panama Canal Commission.
(d) System manager means the official designated in the most recent
Notice of Systems of Records published in the Federal Register, as
having responsibility for a given system of records.
[44 FR 75312, Dec. 19, 1979, as amended at 46 FR 48659, Oct. 2, 1981]
Sec. 10.4 When this part applies.
(a) This part applies only to information about individuals that is
maintained by the Panama Canal Commission in a system of records which
has been described in a notice published in the Federal Register. This
means that these regulations apply only to information about an
individual that can be retrieved from a group of records by the
individual's name or other personal identifier (such as an employee
identification number).
(b) Where another agency (such as the Office of Personnel
Management) has published a notice describing a system of records that
is partially under the control of the Panama Canal Commission, the
Privacy Act regulations of that agency take precedence over the
regulations in this part.
Sec. 10.5 How to make a Privacy Act request.
(a) You may find it helpful to review the descriptions of Commission
systems of records, as published in the Federal Register, before you
make a request. You may review these in the annual compilation of
``Privacy Act Issuances,'' available at libraries, or, upon request, at
the Records Management Branch, Administration Building, Balboa Heights,
Republic of Panama.
(b) To find out whether a particular system of records contains
information about you, or to request access to records about yourself,
you must:
(1) Write or visit the system manager or the Agency Records Officer.
The title and address of the system manager are given in the Notice of
System of Records published in the Federal Register. The office of the
Agency Records Officer is located in the Administration Building, Balboa
Heights, Republic of Panama, and that official's mailing address is:
Panama Canal Commission, Agency Records Officer, Unit 2300, APO AA
34011-2300 (or Balboa, Republic of Panama).
(2) Reasonably identify the system of records or the type of
information, or records, you are interested in. Be as specific as you
can. If you do not know which system of records is involved, it will be
helpful if you identify the office where you believe the records may be
located.
(3) Adequately identify yourself in accordance with the requirements
contained in Sec. 10.6 of this part.
(c) If you make your request in writing, state in your letter that
you are making a request under the Privacy Act and clearly mark the
envelope with the words ``Privacy Act Request.'' A request under 5
U.S.C. 552a which is not properly addressed and is not marked in this
way shall not be considered to have been received by the agency until it
has actually been received
[[Page 23]]
by the system manager or the Agency Records Officer.
[44 FR 75312, Dec. 19, 1979, as amended at 59 FR 26123, May 19, 1994]
Sec. 10.6 How to identify yourself.
(a) If you make your request in person, or if you wish to review
your records in person, you must identify yourself to the system manager
or the Agency Records Officer (or to a person designated by one of those
officials) by showing at least one identification document containing
your picture (for example, employee identification card, driver's
license, passport), or at least two identification documents containing
your signature, or other identification acceptable to the official
concerned.
(b) If you make your request in writing, you must supply information
that will help to verify your identity (for example, signature, employee
identification number, date and place of birth), and you may also be
required to provide the certificate of a notary public or other official
authorized to administer oaths.
(c) Whether making your request in person or in writing, if you
cannot identify yourself to the satisfaction of the system manager or
the Agency Records Officer (or the person designated by one of those
officials), you may be asked to make and sign a written statement
asserting your identity and indicating that you understand that
knowingly and willfully requesting or obtaining access to any record
about another individual under false pretenses is a misdemeanor
punishable by a fine of up to $5,000 (5 U.S.C. 552a(i)(3)).
Sec. 10.7 How your Privacy Act request will be handled.
(a) The system manager or the Agency Records Officer will
acknowledge receipt of your request within ten working days. At the same
time, or as soon as possible after acknowledging receipt, that official
will:
(1) Tell you that a record about you is maintained in the system of
records you identified and tell how you may review it, or get a copy; or
(2) Tell you that no record about you is maintained in the system of
records you identified; or
(3) Tell you that your inquiry cannot be answered or your request
cannot or will not be granted because you have not adequately identified
yourself or the system of records; because the system of records in
question is exempt from the access provisions of the Privacy Act; or
because the record or system of records in question is not under the
control of the Commission.
(b) When the system manager or the Agency Records Officer makes a
decision to grant you access to the records you requested, you normally
may see the records or get copies of them right away. If, for any
reason, the records cannot be provided immediately, that official will
arrange with you a mutually acceptable time and place for you to review
and copy the records. If that official cannot make the records available
to you within 30 working days of receipt of your request, that official
will advise you in writing of the reason for the delay.
Sec. 10.8 When, where, and under what conditions you may review the records.
(a) If you want to review your records in person, you will normally
be required to go during regular working hours to the location specified
in the Notice of the System of Records or to the office of the Agency
Records Officer, in the administration Building, Balboa Heights,
Republic of Panama. If you cannot go in person during regular working
hours, you should telephone or write the system manager or the Agency
Records Officer so that appropriate arrangements can be made for you to
review the records.
(b) You must identify yourself to the system manager or the Agency
Records Officer (or to a person designated by one of those officials) in
accordance with the requirements contained in Sec. 10.6 of this part.
(c) If you have been told that you may review your records in
person, you may, upon your request, be accompanied by a person of your
choosing. You will however, have to provide the system manager with a
written signed statement authorizing disclosure of the
[[Page 24]]
records about you to that person, and authorizing discussion of your
records in the presence of that person.
(d) You may be shown a copy of a record rather than the original
record itself when the record is not maintained at, or cannot be
transferred to, a location which is accessible to you. In that event,
you will be charged for the copies only if you choose to retain them. If
copies are made at your request, the agency will charge you the cost of
making the copies, as stated in Sec. 10.11 of this part.
(e) No one shall be allowed to inspect original agency records
except under the immediate supervision of the system manager, or the
Agency Records Officer, or a person designated by one of those
officials.
Sec. 10.9 Special procedures for medical records.
(a) If you request medical records about yourself, including
psychiatric and psychological records, the records will be made
available to you only after the Director of Health and Safety, or that
official's designee, determines that release of the records would not be
likely to have an adverse effect on you. If they are not made available
to you, upon your written request the medical records which are not
otherwise exempt from disclosure may be reviewed by a licensed medical
practitioner designated by you.
(b) School records of a psychological nature may be shown to the
student who is the subject of the records or to the parent or guardian
of the student only if the Director of Health and Safety, or that
official's designee, determines that the release would not be likely to
have an adverse effect on the individual who is the subject of the
records.
Sec. 10.10 How to request review of a system manager's denial of access.
(a) If the system manager denies your request for records, in whole
or in part, you may ask the Agency Records Officer to review that
decision. The denial is not considered a final agency decision unless it
has been reviewed and confirmed in writing by the Agency Records
Officer.
(b) To request review of a system manager's denial, you must:
(1) Write to the Panama Canal Commission, Agency Records Officer,
Unit 2300, APO AA 34011-2300 (or Balboa, Republic of Panama); and
(2) State in your letter that you are requesting review of the
system manager's denial and clearly mark the envelope ``Privacy Act
Request for Review''; and
(3) Mail or deliver the request for review within ten working days
after you receive the system manager's denial.
(c) Although it is not required, it may be helpful if you state in
your request for review the reasons why you disagree with the decision
on your request for access and your reasons for wanting the records.
[44 FR 75312, Dec. 19, 1979, as amended at 59 FR 26123, May 19, 1994]
Sec. 10.11 Fees for Privacy Act requests.
(a) The fees for copies of records made at your request under this
section will be the same as the fees provided in Sec. 9.11(a) (3), (4),
(5), (6), (7); (c); and (e) of this title for copies of materials
provided under the Freedom of Information Act.
(b) If your request for copies of records or portions of records is
expected to involve fees of more than $50, the Commission will not treat
your request as having been received until:
(1) The Commission has sent you a written notification of the
estimated fees; and
(2) You agree in writing to pay at least the estimated fees; and
(3) You pay part of the estimated fees in advance, if the agency
requires such a deposit before it will begin to copy the records you
have requested.
Sec. 10.12 How to request amendment of your record under the Privacy Act.
After you have reviewed your record, you may ask the Commission to
correct or amend any portion of the record that you believe is not
accurate, timely, relevant, or complete. To make a request for
amendment, you must:
(a) Write to the Panama Canal Commission, Agency Records Officer,
Unit 2300, APO AA 34011-2300 (or Balboa, Republic of Panama).
[[Page 25]]
(b) State in your letter that you are requesting amendment of a
record under the Privacy Act, and clearly mark the envelope ``Privacy
Act Request for Amendment.'' A request for amendment of a record under 5
U.S.C. 552a which is not properly addressed and is not marked in this
way shall not be considered to be received by the Commission until it
has actually been received by the Agency Records Officer.
(c) In your letter, identify the system of records involved, if you
can, and identify the particular record or portion of the record you
wish to have corrected or amended. If possible, attach a copy of the
record in question.
(d) Explain in your letter why you believe the record or portion of
the record is not accurate, timely, relevant, or complete, and provide
any evidence available to support your request.
(e) Include in your letter any other information that may be
necessary for proper processing of your request.
[44 FR 75312, Dec. 19, 1979, as amended at 59 FR 26123, May 19, 1994]
Sec. 10.13 How your Privacy Act request for amendment will be handled.
(a) The Agency Records Officer (or that official's designee) will
decide whether your request for amendment of a record should be granted.
That official (or the designee) will acknowledge receipt of your request
within ten working days and will either notify you of the decision or
tell you when you can expect to have the decision. If a decision cannot
be made within 30 working days of the receipt of your request, the
Agency Records Officer (or the designee) will advise you in writing of
the circumstances causing the delay.
(b) If your request for amendment is granted, in whole or in part:
(1) The Agency Records Officer (or that official's designee) will
notify you of this decision;
(2) The system manager will promptly correct the record; and
(3) Where an accounting of disclosures has been maintained, the
system manager will advise all previous recipients of the record that
the correction has been made.
(c) If your request for amendment is denied, in whole or in part,
the Agency Records Officer (or that official's designee) will notify you
of this decision and will:
(1) Tell you why the request is being denied;
(2) Tell you that you have the right to request further review by
appealing the decision; and
(3) Tell you how to make an appeal.
Sec. 10.14 How to appeal a refusal to amend a record under the Privacy Act.
(a) If the Agency Records Officer (or that official's designee) has
denied your request to amend a record, you may request the Executive
Secretary to review that decision. This is called ``making an appeal.''
(b) To make an appeal, you must:
(1) Write to the Panama Canal Commission, Director, Office of
Executive Administration, Unit 2300, APO AA 34011-2300 (or Balboa,
Republic of Panama); and
(2) State in your letter that you are appealing a denial of a
request for amendment under the Privacy Act, and clearly mark the
envelope ``Privacy Act Appeal''; and
(3) Mail or deliver the letter of appeal within ten working days
after you receive the initial agency denial.
[44 FR 75312, Dec. 19, 1979, as amended at 46 FR 48659, Oct. 2, 1981; 59
FR 26123, May 19, 1994]
Sec. 10.15 How your Privacy Act appeal will be handled.
(a) The official responsible for deciding whether to grant your
appeal is the Director of Executive Administration of the Panama Canal
Commission. The Director of Executive Administration will review the
refusal to amend your record and will advise you of his decision within
30 working days or receipt of your appeal.
(b) If the Director of Executive Administration grants your appeal,
in whole or in part:
(1) That official will notify you of the decision;
(2) The system manager will promptly correct the record; and
(3) Where an accounting of disclosures has been maintained, the
system
[[Page 26]]
manager will advise all previous recipients of the record that the
correction has been made.
(c) If the Director of Executive Administration denies your appeal,
in whole or in part, the letter sent to notify you of this decision
must:
(1) Tell you why the appeal is being denied;
(2) Tell you that this denial of your appeal is a final agency
decision;
(3) Tell you that you have the right to file a concise statement of
your reasons for disagreeing with the decision of the agency; and
(4) Tell you that you have the right to request a U.S. District
Court to review this denial of your appeal, as provided by 5 U.S.C.
552a(g).
(d) The Administrator of the Panama Canal Commission may extend the
30-working-day period specified in paragraph (a) of this section for
good cause shown. In that case, the Agency Records Officer will notify
you in writing of the reason for the delay and will tell you when you
can expect a decision on your appeal.
(e) If you choose to file a concise statement of your reasons for
disagreeing with the agency's refusal to amend your record:
(1) The system manager shall cause a notation to be made on the
disputed portion of the record;
(2) Copies of your statement of disagreement will be provided to
anyone to whom the disputed record is subsequently disclosed and (to the
extent that an accounting of disclosures has been maintained) to any
previous recipients of the disputed record; and
(3) The Commission may, at its discretion, make a brief summary of
its reasons for not amending the record and may provide this summary,
along with your statement of disagreement, to previous or subsequent
recipients of the disputed record.
[44 FR 75312, Dec. 19, 1979, as amended at 46 FR 48659, Oct. 2, 1981]
Sec. 10.16 Rights of parents and legal guardians.
The parent of legal guardian of a minor or the legal guardian of an
individual who has been declared incompetent may request access to, or
amendment of, a record on behalf of that individual. To do so, a parent
will be required to show a certified or authenticated copy of the
minor's birth certificate, and a legal guardian will be required to show
a certified or authenticated copy of the court order establishing
guardianship. In some cases, the parent or legal guardian of a minor may
be asked to provide evidence that the minor is in the parent's or
guardian's custody, that the minor has consented to disclosure of the
information to the parent or guardian, or that the parent or guardian
has authority to act on the minor's behalf.
Sec. 10.17 Conditions under which the Commission may disclose an individual's record to other persons.
(a) The Commission shall not disclose information about an
individual that is contained in one of its systems of records to any
person or to another agency, except by written request of, or with the
prior written consent of, the individual who is the subject of the
record, unless the disclosure is authorized by paragraph (b) of this
section or is required by other applicable law.
(b) Under 5 U.S.C. 552a, the Commission may disclose information
contained in its systems of records, without the consent of the
individual who is the subject of the record, if the disclosure of the
information, or record, would be:
(1) To the parent or legal guardian of any minor, or to the legal
guardian of any individual who has been declared to be incompetent by a
court of competent jurisdiction, where such person is acting on the
individual's behalf (5 U.S.C. 552a(h));
(2) To those officers and employees of the Commission who have a
need for the information in the performance of their duties (5 U.S.C.
552a(b)(1));
(3) Required under 5 U.S.C. 552, the Freedom of Information Act (5
U.S.C. 552a(b)(2));
(4) For a routine use as defined in 5 U.S.C. 552a(a)(7) and as
described for all systems of records in Appendix A of this part and for
specific systems of records in the Notice of Systems of Records
published in the Federal Register (5 U.S.C. 552a(b)(3));
(5) To the Bureau of the Census for purposes of planning or carrying
out a
[[Page 27]]
census or survey or related activity under the provisions of Title 13,
U.S. Code (5 U.S.C. 552a(b)(4));
(6) To a recipient who has provided the Commission with advance
adequate written assurance that the record will be used solely as a
statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable (5 U.S.C.
552a(b)(5));
(7) To the National Archives of the United States as a record which
has sufficient historical or other value to warrant its continued
preservation by the United States Government, or for evaluation by the
Administrator of General Services or that official's designee to
determine whether the record has such value (5 U.S.C. 552a(b)(6));
(8) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is authorized
by law, and if the head of the agency or instrumentality has made a
written request to the Commission specifying the particular portion
desired and the law enforcement activity for which the record is sought
(5 U.S.C. 552a(b)(7));
(9) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual, if upon such disclosure
notification is transmitted to the last known address of such individual
(5 U.S.C. 552a(b)(8));
(10) To either House of Congress, or, to the extent of matter within
its jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of any such joint committee (5
U.S.C. 552a(b)(9));
(11) To the Comptroller General, or any of his authorized
representatives, in the course of the performance of the duties of the
General Accounting Office (5 U.S.C. 552a(b)(10)); or
(12) Pursuant to the order of a court of competent jurisdiction (5
U.S.C. 552a(b)(11)).
Sec. 10.18 Accounting of certain disclosures.
(a) The system manager or his designee shall keep an accurate
accounting of each disclosure of personal information about an
individual from a system of records under his control which is made in
accordance with Sec. 10.17(b) of this part, except if that disclosure is
to officers and employees of the Commission (Sec. 10.17(b)(2)) or is
required under the Freedom of Information Act (Sec. 10.17(b)(3)).
(b) This accounting of disclosure shall include:
(1) The date, nature, and purpose of each such disclosure; and
(2) The name and address of the person or agency to whom the
disclosure is made.
(c) The system manager shall retain this accounting of disclosure
for at least five years after the disclosure or for the life of the
record, whichever is longer.
(d) The Commission shall make the accounting of disclosure available
to the individual named in the record, at that individual's request,
except when the disclosure was made under Sec. 10.17(b)(8) of this part
or when the record in question is exempt from the access provisions of
the Privacy Act under Secs. 10.21 and 10.22 of this part. An individual
may request access to the accounting of disclosure by the procedure for
requesting access to records that is explained in Secs. 10.5 through
10.10 of this part.
Sec. 10.19 Records about deceased persons.
A record about a deceased person is not covered by the rules in this
part, except to the extent that the deceased person's record contains
information about a living individual. In disclosing information about a
deceased person, the Commission will make every effort to avoid any
infringement of the privacy rights of a living individual.
Sec. 10.20 Penalties for noncompliance with the Act.
Subsections (g) and (i) of 5 U.S.C. 552a provide civil remedies and
criminal penalties for noncompliance with the provisions of the Privacy
Act of 1974 (Pub. L. 93-579) or regulations implementing that Act. In
addition, adverse or disciplinary action may be taken against any
officer or employee who willfully or negligently fails to comply with
the requirements of the
[[Page 28]]
Privacy Act or the regulations in this part.
Sec. 10.21 General exemptions.
(a) The following systems of records are eligible for exemption
under 5 U.S.C. 552a(j)(2) because each system is maintained by a
component of the agency, or subcomponent, which performs as its
principal function the enforcement of criminal laws, and which contains
investigatory material compiled for criminal law enforcement purposes.
Accordingly, these systems are exempt from the following sections of
552a of 5 U.S.C.: (c) (3) and (4); (d); (e) (1), (2) and (3); (e)(4) (G)
and (H); (e) (5); (e)(8); (f); (g); and (h).
(1) PCC/GSCP-2, Canal Protection Division Incident Report Files;
(2) PCC/OIG-1, Investigative Files of the Office of Inspector
General;
(3) PCC/OIG-2, Allegation/Complaint Files of the Office of Inspector
General;
(4) PCC/OIG-3, Cash Audit Files.
(b) The systems of records listed below, although no longer actively
in use, continue to be subject to general exemption pursuant to 5 U.S.C.
552a(j)(2) because they were compiled by a component, or subcomponent,
of the agency which performed as its principal function the enforcement
of criminal laws, and which contain investigatory material compiled for
criminal law enforcement purposes. Accordingly, the following systems of
records are exempt from subsections (c)(3) and (4); (d); (e)(1), (2) and
(3); (e)(4) (G) and (H); (e)(5); (e)(8); (f); (g); and (h) of 5 U.S.C.
552a:
(1) PCC/AEPR-1, Probation and Parole Unit Child Custody Reports;
(2) PCC/AEPR-2, Presentence and Preparole Investigation Reports;
(3) PCC/AEPR-3, Probation and Parole Unit Statistical File;
(4) PCC/GSPL-1, Law Enforcement Case Report File;
(5) PCC/GSPL-2, Police Headquarters Confidential File;
(6) PCC/GSPL-3, Detective Confidential Files;
(7) PCC/GSPL-4, Convict Files;
(8) PCC/GSPL-6, Police Photo Files;
(9) PCC/GSPL-7, Fingerprint File;
(10) PCC/GSPL-10, Master Name File;
(c) Exemptions from the particular subsections are justified for the
following reasons:
(1) From (c)(3) because release of an accounting of disclosures to
an individual who is the subject of an investigation could reveal the
nature and scope of the investigation and could result in the altering
or destruction of evidence, improper influencing of witnesses and other
evasive action that could impede or compromise the investigation.
(2) From (c)(4) because this subsection is inapplicable to the
extent that an exemption is being claimed for subsection (d).
(3) From subsection (d) because access to the records contained in
these systems would inform the subject of a criminal or civil
investigation, matter or case of the existence of such, and provide the
subject with information that might enable him or her to avoid
detection, apprehension or legal obligations, and present a serious
impediment to law enforcement and other civil remedies. Amendment of the
records would impose an impossible administrative burden by requiring
investigations to be continuously reinvestigated.
(4) From subsection (e)(1) because it is often impossible to
determine relevance or necessity of information in the early stages of
an investigation. The value of such information is a question of
judgment and timing; what appears relevant and necessary when collected
may ultimately be evaluated and viewed as irrelevant and unnecessary to
an investigation. In addition, information may be obtained concerning
the violation of laws other than those within the scope of its
jurisdiction. In the interest of effective law enforcement, information
should be retained because it may aid in establishing patterns of
unlawful activity and provide leads for other law enforcement agencies.
Further, in obtaining evidence during an investigation, information may
be provided which relates to matters incidental to the main purpose of
the investigation but which may be pertinent to the investigative
jurisdiction of another agency. Such information cannot readily be
identified.
[[Page 29]]
(5) From subsection (e)(2) because in a law enforcement
investigation it is usually counterproductive to collect information to
the greatest extent practicable directly from the subject thereof. It is
not always feasible to rely upon the subject of an investigation as a
source for information which may implicate him or her in illegal
activities. In addition, collecting information directly from the
subject could seriously compromise an investigation by prematurely
revealing its nature and scope, or could provide the subject with an
opportunity to conceal criminal activities, or intimidate potential
sources, in order to avoid apprehension.
(6) From subsection (e)(3) because providing such notice to the
subject of an investigation, or to other individual sources, could
seriously compromise the investigation by prematurely revealing its
nature and scope, or could inhibit cooperation, or permit the subject to
evade apprehension.
(7) From (e)(4) (G) and (H); (f); (g); and (h) because these
provisions concern an individual's access to records which concern him
and such access to records in this system would compromise
investigations, reveal investigatory techniques and confidential
informants, and invade the privacy of private citizens who provide
information in connection with a particular investigation.
(8) From subsection (e)(5) because in the collection of information
for law enforcement purposes it is impossible to determine what
information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can only be determined in a
court of law. The restrictions of subsection (e)(5) would restrict the
ability of trained investigators to exercise their judgment in reporting
on investigations and impede the development of information necessary
for effective law enforcement.
(9) From subsection (e)(8) because the application of this provision
could prematurely reveal an ongoing criminal investigation to the
subject of the investigation and could reveal investigative techniques,
procedures or evidence.
[59 FR 9089, Feb. 25, 1994]
Sec. 10.22 Specific exemptions.
(a) The following systems of records are eligible for exemption
under 5 U.S.C. 552a(k)(2) because they contain investigatory material
compiled for law enforcement purposes, other than material within the
scope of subsection (j)(2) of 5 U.S.C. 552a. Provided, however, that if
any individual is denied any right, privilege or benefit that he would
otherwise be eligible, as a result of the maintenance of such material,
such material shall be provided to such individual, except to the extent
that the disclosure of such material would reveal the identity of a
source who furnished information to the Government under an express
promise that the identify of the source would be held in confidence, or
prior to January 1, 1975, under an implied promise that the identity of
the source would be held in confidence. Accordingly, the following
systems of records are exempt from (c)(3); (d); (e)(1); (e)(4) (G) and
(H); (f); (g); and (h) of 5 U.S.C. 552a.
(1) PCC/GSCP-2, Canal Protection Division Incident Report Files;
(2) PCC/OIG-1, Investigative Files of the Office of Inspector
General;
(3) PCC/OIG-2, Allegation/Complaint Files of the Office of Inspector
General;
(4) PCC/OIG-3, Cash Audit Files.
(5) PCC/FMAC-1, Embezzlements, Burglaries, and Cash Shortages;
(6) PCC/EO-2, Equal Employment Opportunity Complaint File;
(7) PCC/GCCL-1, Marine Accident/Miscellaneous General Claims Files;
(8) PCC/GSCS-2, Housing Complaints Files;
(9) PCC/GSCX-1, Administrative Reports, Transfer of Custody and
Official Complaint Files.
(10) PCC/AEPR-1, Probation and Parole Unit Child Custody Reports;
(11) PCC/AEPR-2, Presentence and Preparole Investigation Reports;
(12) PCC/AEPR-3, Probation and Parole Unit Statistical File;
(13) PCC/CAPS-2, Case Investigations;
(14) PCC/GSPL-1, Law Enforcement Case Report Files;
[[Page 30]]
(15) PCC/GSPL-2, Police Headquarters Confidential File;
(16) PCC/GSPL-3, Detective Confidential Files;
(17) PCC/GSPL-4, Convict Files;
(18) PCC/GSPL-6, Police Photo Files;
(19) PCC/GSPL-7, Fingerprint File;
(20) PCC/GSPL-10, Master Name File;
(21) PCC/CZG-HL-2, Medical Administration System.
(b) Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the release of the accounting of
disclosures would permit the subject of a criminal investigation and/or
civil case or matter under investigation, in litigation, or under
regulatory or administrative review or action to obtain valuable
information concerning the nature of that investigation, case or matter
and present a serious impediment to law enforcement or civil legal
activities.
(2) From (d); (e)(4) (G) and (H); (f); (g); and (h) because these
provisions concern an individual's access to records which concern him
and such access to records in this system would compromise
investigations, reveal investigatory techniques and confidential
informants, and invade the privacy of private citizens who provide
information in connection with a particular investigation.
(3) From subsection (e)(1) because it is often impossible to
determine relevancy or necessity of information in the early stages of
an investigation. The value of such information is a question of
judgment and timing; what appears relevant and necessary when collected
may ultimately be evaluated and viewed as irrelevant and unnecessary to
an investigation. In addition, information may be obtained concerning
the violation of laws other than those within the scope of its
jurisdiction. In the interest of effective law enforcement, this
information should be retained because it may aid in establishing
patterns of unlawful activity and provide leads for other law
enforcement agencies. Further, in obtaining evidence during an
investigation, information may be provided which relates to matters
incidental to the main purpose of the investigation but which may be
pertinent to the investigative jurisdiction of another agency. Such
information cannot readily be identified.
(c) The following systems of records are eligible for exemption
under 5 U.S.C. 552a(k)(5) because they contain investigatory material
compiled solely for the purpose of determining suitability, eligibility
or qualifications for Federal civilian employment, military service,
Federal contracts, or access to classified information, but only to the
extent that the disclosure of such material would reveal the identity of
a source who furnished information to the Government under an express
promise that the identity of the source would be held in confidence, or,
prior to January 1, 1975, under an implied promise that the identity of
the source would be held in confidence. Accordingly, these systems of
records are exempt from 5 U.S.C. 552a(c)(3) and (d).
(1) PCC/FMAC-1, Embezzlements, Burglaries, and Cash Shortages;
(2) PCC/PB-2, Appeals, Grievances, Complaints and Assistance
Records;
(3) PCC/PB-3, Personnel Investigation Records;
(4) PCC/PR-5, Recruiting and Placement Records;
(5) PCC/PR-7, Personnel Reference Unit Files.
(6) PCC/OIG-1, Investigative Files of the Office of Inspector
General;
(7) PCC/OIG-2, Allegation/Complaint Files of the Office of Inspector
General;
(8) PCC/OIG-3, Cash Audit Files.
(d) Exemptions from the particular subsections are justified for the
following reasons:
(1) From (c)(3) because release of an accounting of disclosure to an
individual who is the subject of an investigation could compromise the
investigation.
(2) From (d) because access to or amendment of records in these
systems would reveal the identity(ies) of the source(s) of information
collected in the course of a background investigation. Such knowledge
might violate the explicit or implicit promise of confidentiality made
to the source during the investigation or constitute an unwarranted
invasion of the personal privacy of third parties, or reveal sensitive
investigative techniques and procedures. Such breaches could restrict
[[Page 31]]
the free flow of information vital to a determination of a candidate's
qualifications and suitability.
(e) The following systems of records are eligible for exemption
under 5 U.S.C. 552a (k)(6) because they contain testing or examination
material used solely to determine individual qualifications for
appointment or promotion in the Federal service, the disclosure of which
would compromise the objectivity or fairness of the testing or
examination process. Accordingly, these systems of records are exempt
from 5 U.S.C. 552a(d).
(1) PCC/CZG/BRAE-1, Canal Zone Board of Registration for Architects
and Professional Engineers Reference Files;
(2) PCC/MRBL-1, Marine License Files;
(3) PCC/MRNA-1, Admeasurer Examination File;
(f) Exemptions from the particular subsections are justified for the
following reasons:
(1) The exemption from (d) is justified because portions of records
in these systems relate to testing or examining materials and are used
solely to determine individual qualifications for appointment or
promotion in the Federal service. Access to or amendment of this
information would compromise the objectivity and fairness of the testing
or examining process.
(2) [Reserved]
[59 FR 9090, Feb. 25, 1994]
Appendix A to Part 10--General Routine Uses
Information about an individual which is maintained in any system of
records under the control of the Panama Canal Commission is subject to
disclosure, as a routine use of such information, to any of the
following persons or agencies under the circumstances described:
1. Information indicating a violation or potential violation of law
(whether civil, criminal, or regulatory in nature, and whether involving
a statute or regulation or a rule or order issued pursuant thereto) may
be referred to the federal, state, local, foreign, or international
agency charged with investigating or prosecuting such violations or
charged with implementing or enforcing the particular statute, or
regulations, rule, or order, which is pertinent thereto.
2. Information which has a bearing on matters which may be in
dispute may be disclosed in the course of presenting evidence or
argument to a court or administrative tribunal, a judicial official, or
counsel for a party in connection with litigation or administrative
proceedings in which the agency, or its officers or employees, are or
may become involved.
3. Information may be provided to persons or agencies from whom
information is solicited, to the extent necessary to elicit facts which
may be relevant to a financial audit or an agency decision to hire or
retain an employee, issue a security clearance, award a contract, grant
a license, or otherwise provide a benefit or incur an obligation.
4. Information may be disclosed to a Federal agency, in response to
its request in a particular case or in a category of cases, in
connection with that agency's (a) decision in a personnel matter; (b)
financial audits and accounting; (c) issuance of a security clearance;
(d) investigation of an individual employed or formerly employed by the
Panama Canal Commission (or its predecessors); or (e) decision to award
a contract, grant a license, or otherwise provide a benefit or incur an
obligation.
5. Information may be supplied in response to an inquiry from a
Member of Congress on behalf of an individual or, at any stage of the
legislative coordination and clearance process, to the Office of
Management and Budget in connection with the review of private relief
legislation.
6. Information which has a bearing on the qualifications of
professional personnel (such as architects, attorneys, engineers,
medical practitioners, pilots, and teachers) who have been employed by
the agency or have had professional dealings with the agency may be
provided to the appropriate authorities such as professional licensing
and certifying boards and grievance committees.
7. To the extent necessary for implementation of the Panama Canal
Treaty of 1977 and related agreements, information may, upon approval by
the Agency Records Officer (Chief, Administrative Services Division) or
that official's designee, be disclosed to officials of the Government of
the Republic of Panama and to U.S. Government agencies which, under the
Treaty, assumed functions formerly performed by the Panama Canal Company
or the Canal Zone Government.
[[Page 32]]
SUBCHAPTER B--GENERAL REGULATIONS
PART 60--CLASSIFIED INFORMATION--Table of Contents
Sec.
60.1 Authority, scope, and definitions.
60.2 Compliance with Executive Order 12356 and implementing directives.
60.3 Classification levels, categories, and limitations.
60.4 Limitations on original classification authority.
60.5 Use of derivative classification.
60.6 Requirements for classification guides.
60.7 Duration of classification.
60.8 Identification and markings.
60.9 Declassification and downgrading.
60.10 Access to classified information.
60.11 Top Secret, Secret, and Confidential Control Officer.
60.12 Mandatory review for declassification.
60.13 Custody and storage.
60.14 Security investigations; training and orientation of employees.
60.15 Debriefing upon termination of employment.
60.16 Responsibility of individual employees.
60.17 Loss or compromise; destruction of nonrecord classified
information.
60.18 Procedures for receiving and transmitting classified documents.
60.19 Reproduction of classified documents.
Authority: E.O. 12356, 47 FR 14874; 32 CFR part 2001 (Directive
No.1, Information Security Oversight Office), 47 FR 27836; E.O. 10450,
18 FR 2489; 22 U.S.C. 3611.
Source: 53 FR 7894, Mar. 11, 1988, unless otherwise noted.
Sec. 60.1 Authority, scope, and definitions.
(a) Executive Order 12356, dated April 2, 1982 (47 FR 14874, April
6, 1982) and 32 CFR part 2001 (Directive No. 1 of the Information
Security Oversight Office, approved by the National Security Council on
June 22, 1982, 47 FR 27836, June 25, 1982), set forth uniform standards
for the identification, classification, downgrading, declassification,
and safeguarding of security information affecting the national defense
and foreign relations of the United States. The regulations contained in
this part are adopted pursuant to that Executive Order (which became
effective on August 1, 1982) and implement its provisions within the
Panama Canal Commission.
(b) Definitions:
(1) Commission refers to the Panama Canal Commission.
(2) Information means any information or material, regardless of its
physical form or characteristics, that is owned by, produced by or for,
or is under the control of the United States Government.
(3) National security information means information that has been
determined pursuant to this Order or any predecessor order to require
protection against unauthorized disclosure and that is so designated.
(4) Foreign government information means:
(i) Information provided by a foreign government or governments, an
international organization of governments, or any element thereof with
the expectation, expressed or implied, that the information, the source
of the information, or both, be held in confidence; or
(ii) Information produced by the United States pursuant to or as a
result of a joint arrangement with a foreign government or governments
or an international organization of governments, or any element thereof,
requiring that the information, the arrangement, or both, be held in
confidence.
(5) National security means the national defense or foreign
relations of the United States.
(6) Confidential source means any individual or organization that
has provided, or that may reasonably be expected to provide, information
to the United States on matters pertaining to the national security with
the expectation, expressed or implied, that the information or
relationship or both be held in confidence.
(7) Original classification means an initial determination that
information requires, in the interest of national security, protection
against unauthorized disclosure, together with a classification
designation signifying the level of protection required.
(8) Deputy Administrator means the U.S. citizen incumbent of that
position or the U.S. citizen temporarily designated to assume the
responsibilities set forth under this part. In the event
[[Page 33]]
that the regular incumbent is not serving in the position, a senior U.S.
citizen official of the Commission listed in Sec. 60.4(a) will designate
an eligible U.S. citizen to assume the duties and responsibilities of
the position as set forth in this part.
(9) Director, Office of Executive Administration, ``Deputy Director,
Office of Executive Administration,'' ``Deputy Personnel Director,'' and
``Chief, Administrative Services,'' are similarly defined to mean the
U.S. citizen(s) temporarily designated to assume the responsibilities of
the position as set forth in this part.
(10) DUSD(P) refers to the Deputy Under Secretary of Defense
(Policy).
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59882, Nov. 26, 1991]
Sec. 60.2 Compliance with Executive Order 12356 and implementing directives.
(a) The Director, Office of Executive Administration is designated
the senior agency official to direct and administer the information
security program for the Commission, including an active oversight and
security education program to ensure effective implementation of
Executive Order 12356 and any implementing directives published by the
Information Security Oversight Office.
(b) The Director, Office of Executive Administration will establish
procedures to prevent unnecessary access to classified information,
including procedures that:
(1) Require that a demonstrable need for access to classified
information is established before initiating administrative clearance
procedures, and
(2) Ensure that the number of persons granted access to classified
information is limited to the minimum consistent with operational and
security requirements and needs.
(c) The Deputy Personnel Director will direct the conduct of
investigations relative to the issuance of security clearances in
accordance with the standards and criteria of Executive Order 10450.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59882, Nov. 26, 1991]
Sec. 60.3 Classification levels, categories, and limitations.
(a) Classification levels. Official information which requires
protection against unauthorized disclosure in the interest of the
national security shall be classified Top Secret, Secret, or
Confidential depending upon the degree of its significance to national
security. No other terms or phrases of classification shall be used to
identify such information except as otherwise expressly provided by
statute. If there is reasonable doubt about the need to classify
information, it shall be safeguarded as if it were classified pending a
determination by one of the original classification authorities listed
in Sec. 60.4(a), who shall make this determination within thirty (30)
days. If there is reasonable doubt about the appropriate level of
classification, it shall be safeguarded at the higher level of
classification pending a determination by one of the original
classification authorities, who shall make this determination within
thirty (30) days.
(1) Top Secret shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause exceptionally
grave damage to the national security. The Commission does not have the
authority to classify information originally as Top Secret.
(2) Secret shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause serious damage
to the national security.
(3) Confidential shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause damage to the
national security.
(b) Classification categories. Information shall be considered for
classification if it concerns:
(1) Military plans, weapons, or operations;
(2) The vulnerabilities or capabilities of systems, installations,
projects, or plans relating to the national security;
(3) Foreign government information;
(4) Intelligence activities (including special activities), or
intelligence sources or methods;
(5) Foreign relations or foreign activities of the United States;
[[Page 34]]
(6) Scientific, technological, or economic matters relating to the
national security;
(7) United States Government programs for safeguarding nuclear
materials or facilities;
(8) Cryptology;
(9) A confidential source; or
(10) Other categories of information that are related to the
national security and that require protection against unauthorized
disclosure as determined by the President or by agency heads or other
officials who have been delegated original classification authority by
the President. Any determination made under this subsection shall be
reported promptly to the Director of Information Security, Office of the
Deputy Under Secretary of Defense (Policy).
(c) Information that is determined to concern one or more of the
categories in Sec. 60.3(b) shall be classified when one of the original
classification authorities listed in Sec. 60.4(a) also determines that
its unauthorized disclosure, either by itself or in the context of other
information, reasonably could be expected to cause damage to the
national security. Classification on the basis of combination or
association with other (classified or unclassified) information shall be
supported by a written explanation which shall be maintained with the
record copy of such information.
(d) Unauthorized disclosure of foreign government information, the
identity of a confidential foreign source, or intelligence sources or
methods is presumed to cause damage to the national security.
(e) Information classified in accordance with Sec. 60.3 shall not be
declassified automatically as a result of any unofficial publication or
inadvertent or unauthorized disclosure in the United States or abroad of
identical or similar information, see Sec. 60.11(e).
(f) Limitations on classification.
(1) In no case shall information be classified in order to conceal
violations of law, inefficiency, or administrative error; to prevent
embarrassment to a person, an organization, or the Panama Canal
Commission or other agency; to restrain competition; or to prevent or
delay the release of information that does not require protection in the
interest of national security.
(2) Basic scientific research information not clearly related to the
national security may not be classified.
(3) The President or the officials designated by the President in
the Federal Register may reclassify information previously declassified
and disclosed if it is determined in writing that:
(i) The information requires protection in the interest of national
security; and
(ii) The information may reasonably be recovered. These
reclassification actions shall be reported promptly to the Office of the
Deputy Under Secretary of Defense (Policy) for subsequent reporting to
the Director of the Information Security Oversight Office.
(4) Information in the custody of the Panama Canal Commission may be
classified or reclassified after an agency has received a request for it
under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act
of 1974 (5 U.S.C. 552a), or the mandatory review provisions of Executive
Order 12356 if such classification meets the requirements of that
Executive Order and is accomplished personally and on a document-by-
document basis by the officials identified in Sec. 60.4(a) or an
official with original Top Secret classification authority.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59882, Nov. 26, 1991]
Sec. 60.4 Limitations on original classification authority.
(a) The authority to classify information originally under this part
shall be limited to the categories of Secret and Confidential. Only the
following officials of the Panama Canal Commission are authorized to
classify information or material originally:
(1) The Deputy Administrator;
(2) The Director, Office of Executive Administration; and
(3) The Secretary, Washington Office.
(b) Other officials and employees of the Panama Canal Commission
originating documents which, in their opinion, should be classified as
Secret or Confidential prior to dispatch, shall forward these documents
to the Director, Office of Executive Administration
[[Page 35]]
with recommendation for appropriate classification. Such documents shall
be protected by a cover sheet (such as Panama Canal Commission Forms
165-Conf or 165-B Secret) of the classification recommended by the
originator, and shall be handled and safeguarded as if classified, see
Sec. 60.8(a).
(c) All information originated within the Commission which is
believed to require classification as Top Secret (within the meaning of
this part and Executive Order 12356) shall be hand carried by the
originator to the Director, Office of Executive Administration who will
determine the appropriate level of classification. If the information
warrants Top Secret classification, that official shall transmit the
information promptly under appropriate safeguards to the agency which
has appropriate subject matter interest and classification authority in
accordance with the procedures established by Sec. 60.18 of this part.
If it is not clear which agency should get the information, it shall be
sent to the Director of the Information Security Oversight Office for a
determination.
(d) Intra-office documents, such as longhand notes or draft papers,
that contain information affecting the national security shall be
distinctly marked with the proper classification at top and bottom, by
hand, by the originator, and shall be protected and destroyed in the
same manner as an inter-office or inter-agency classified documents.
Such intra-office documents shall be forwarded to the Office of
Executive Administration for destruction as soon as the content has been
included in a formal classified paper or as soon as the note or draft is
no longer required.
(e) A holder of classified information or material shall observe and
respect the classification assigned by the originator.
(f) Exceptional cases. When an employee, contractor, licensee, or
grantee of an agency that does not have original classification
authority originates information believed by that person to require
classification, the information shall be protected in a manner
consistent with Executive Order 12356 and its implementing directives.
The information shall be transmitted promptly as provided under the
Order or its implementing directives to the agency that has appropriate
subject matter interest and classification authority with respect to
this information. That agency shall decide within thirty (30) days
whether to classify this information. If it is not clear which agency
has classification responsibility for this information, it shall be sent
to the Director of the Information Security Oversight Office. The
Director shall determine the agency having primary subject matter
interest and forward the information, with appropriate recommendations,
to that agency for a classification determination.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59882, Nov. 26, 1991]
Sec. 60.5 Use of derivative classification.
(a) Derivative classification is: (1) the determination that
information is in substance the same as information currently
classified; and (2) the application of the same classification markings.
Persons who only reproduce, extract, or summarize classified
information, or who only apply classification markings derived from
source material or as directed by a classification guide, need not
possess original classification authority.
(b) Persons who apply derivative classification markings shall:
(1) Observe and respect original classification decisions; and
(2) Carry forward to any newly created documents any assigned
authorized markings. The declassification date or event that provides
the longest period of classification shall be used for documents
classified on the basis of multiple sources.
(c) If a person who applies derivative classification markings
believes that the process of reproducing, extracting, paraphrasing,
restating or summarizing may have changed the level of or removed the
basis for classification, an appropriate official of the originating
agency or the office of origin who has the authority to upgrade,
downgrade or declassify the information must be consulted.
(d) Paper copies of derivatively classified documents shall be
marked at the time of origination as follows:
[[Page 36]]
(1) Classification authority. (i) The authority for classification
shall be shown as follows:
CLASSIFIED BY (description of source document on classification
guide).
(ii) If a document is classified on the basis of more than one
source document or classification guide, the authority for
classification shall be shown as follows:
CLASSIFIED BY MULTIPLE SOURCES
In these cases the derivative classifier shall maintain the
identification of each source with the file or record copy of the
derivatively classified document. A document derivatively classified on
the basis of a source document that is marked ``CLASSIFIED BY MULTIPLE
SOURCES'' shall cite the source document in its ``CLASSIFIED BY'' line
rather than the term ``MULTIPLE SOURCES.''
(2) Declassification and downgrading instructions. Dates or events
for automatic declassification or downgrading, or the notation
``ORIGINATING AGENCY'S DETERMINATION REQUIRED'' to indicate that the
document is not to be declassified automatically, shall be carried
forward from the source document, or as directed by a classification
guide, and shown on a ``DECLASSIFY ON'' line as follows:
DECLASSIFY ON (date; description of event) or ORIGINATING AGENCY'S
DETERMINATION REQUIRED (OADR)
(3) Any additional markings or abbreviations described in paragraphs
(b) through (m) of Sec. 60.8 of this part appearing on the source
material shall be carried forward to the new material when appropriate.
Sec. 60.6 Requirements for classification guides.
(a) Classification guides used to direct derivative classification
and issued pursuant to Section 2.2 of Executive Order 12356 and
Sec. 60.5 of this part shall, at a minimum:
(1) Identify or categorize the elements of information to be
protected;
(2) State which of the classification designations (i.e., Top
Secret, Secret, or Confidential) applies to each element or category of
the information;
(3) Prescribe declassification instructions for each element or
category of information in terms of:
(i) A period of time,
(ii) The occurrence of an event, or
(iii) A notation that the information shall not be declassified
automatically without the approval of the originating agency; and
(4) Indicate how the designation, time limits, markings, and other
requirements of Executive Order 12356 and this part are to be applied.
(b) Each classification guide shall be kept current and shall be
reviewed at least once every two years and updated as necessary. The
Office of Executive Administration shall compile and maintain a list of
classification guides in current use.
(c) Each guide shall be approved personally and in writing by the
Director, Office of Executive Administration.
(d) The Deputy Administrator may, for good cause, grant and revoke
waivers of the requirement to prepare classification guides for
specified classes of documents or information. A decision to waive the
requirement should be based, at minimum, on an evaluation of the
following factors:
(1) The ability to segregate and describe the elements of
information;
(2) The practicality of producing or disseminating the guide because
of the nature of the information;
(3) The anticipated usage of the guide as a basis for derivative
classification; and
(4) The availability of alternative sources for derivatively
classifying the information in a uniform manner. The Director of the
Information Security Oversight Office shall be notified of any waivers.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59882, Nov. 26, 1991]
Sec. 60.7 Duration of classification.
(a) Information shall be classified as long as required by national
security considerations. When it can be determined, a specific date or
event for declassification shall be set by the original classification
authority at the time the information is originally classified.
(b) Automatic declassification determinations under predecessor
orders
[[Page 37]]
shall remain valid unless the classification is extended by an
authorized official of the originating agency. These extensions may be
by individual documents or categories of information. The originating
agency shall be responsible for notifying holders of the information of
such extensions.
(c) Information classified under predecessor orders and marked for
declassification review shall remain classified until reviewed for
declassification under the provisions of Executive Order 12356.
Sec. 60.8 Identification and markings.
(a) At the time of original classification, the following
information shall be shown on the face of all classified documents, or
clearly associated with other forms of classified information in a
manner appropriate to the medium involved, unless this information
itself would reveal a confidential source or relationship not otherwise
evident in the document or information:
(1) One of the three classification levels defined in Sec. 60.3;
(2) If the original classification authority is other than the
approving or signing official, the identity shall be shown as follows:
CLASSIFIED BY (identification of original classification authority)
(3) Agency and office of origin. If the identity of the originating
agency and office is not apparent on the face of a document, it shall be
placed below the ``CLASSIFIED BY'' line.
(4) Declassification and downgrading instructions. Declassification
and, as applicable, downgrading instructions shall be shown as follows:
(i) For information to be declassified automatically on a specific
date:
DECLASSIFY ON: (date)
(ii) For information to be declassified automatically upon
occurrence of a specific event:
DECLASSIFY ON: (description of event)
(iii) For information not to be declassified automatically:
DECLASSIFY ON: ORIGINATING AGENCY'S DETERMINATION REQUIRED or ``OADR''
(iv) For information to be downgraded automatically on a specific
date or upon occurrence of a specific event:
DOWNGRADE TO (classification level) ON (date or description of event)
(b) Each classified document shall by marking or other means,
indicate which portions are classified, with the applicable
classification level, and which portions are not classified. The Deputy
Administrator may, for good cause, grant and revoke waivers of this
requirement for specified classes of documents or information. The
Director of the Information Security Oversight Office shall be notified
of any waivers.
(c) Marking designations implementing the provisions of Executive
Order 12356, including abbreviations, shall conform to the standards
prescribed in implementing directives issued by the Information Security
Oversight Office.
(d) Foreign government information shall either retain its original
classification or be assigned a United States classification that shall
ensure a degree of protection at least equivalent to that required by
the entity that furnished the information.
(e) Information assigned a level of classification under predecessor
Executive Orders shall be considered as classified at that level of
classification despite the omission of other required markings. Omitted
markings may be inserted on a document by the officials listed in
Sec. 60.4(a) of this part.
(f) The overall classification of a document, whether or not
permanently bound, or any copy or reproduction thereof, shall be
conspicuously marked or stamped at the top and bottom of the outside of
the front cover (if any), on the title page (if any), on the first page,
on the back page, and on the outside of the back cover (if any). Each
interior page of a classified document shall be marked or stamped at the
top and bottom either according to the highest classification of the
content of the page, including the designation ``Unclassified'' when
appropriate, or according to the highest classification of the document.
In any case, the classification marking of the page shall not supersede
the classification marking of
[[Page 38]]
portions of the page marked with lower levels of classification.
(g) Whenever practicable, subjects and titles shall be selected so
as not to require classification. When the subject or title is
classified, an unclassified identifier may be assigned to facilitate
receipt and reference.
(h) Classifiers shall identify the level of classification of each
classified portion of a document (including subjects and titles), and
those portions that are not classified. Portion marking shall be
accomplished by placing a parenthetical designator immediately preceding
or following the text that it governs. The symbols ``(TS)'' for Top
Secret, ``(S)'' for Secret, ``(C)'' for Confidential, and ``(U)'' for
Unclassified, shall be used for this purpose. If individual portion
marking is impracticable, the document shall contain a description
sufficient to identify the information that is classified and the level
of such classification. The officials listed in Sec. 60.4(a) may for
good cause, request from the DUSD(P) a waiver of the portion marking
requirement for specified classes of documents or information. The
Director of the Information Security Oversight Office shall be notified
by the DUSD(P) of any waivers.
(i) The classification and associated markings prescribed by this
part for documents shall, where practicable, be affixed to material
other than documents by stamping, tagging, or other means. If this is
not practicable, recipients shall be made aware of the classification
and associated markings by notification or other means.
(j) A transmittal document shall indicate on its face the highest
classification of any information transmitted by it. It shall also
include the following or similar instruction:
(1) For an unclassified transmittal document:
UNCLASSIFIED WHEN CLASSIFIED ENCLOSURE IS REMOVED
(2) For a classified transmittal document:
UPON REMOVAL OF ATTACHMENTS THIS DOCUMENT IS (classification level of
the transmittal document standing alone)
(k) Documents that contain foreign government information shall
include either the marking ``FOREIGN GOVERNMENT INFORMATION,'' or a
marking that otherwise indicates that the information is foreign
government information. If the fact that information is foreign
government information must be concealed, the marking shall not be used
and the document shall be marked as if it were wholly of U.S. origin.
Documents classified by a foreign government or an international
organization of governments shall, if the foreign classification is not
in English, be marked with the equivalent United States classification.
Foreign government information not classified by a foreign government or
an international organization of governments but provided to the United
States in confidence by a foreign government or by an international
organization of governments, shall be classified at an appropriate level
and shall be marked with the United States classification accordingly.
(l) In addition to the marking requirement in paragraphs (a) through
(k) of this section, the additional markings provided in paragraphs
(l)(1)-(3) of this section shall, as appropriate, be displayed
prominently on classified information. When display of these additional
markings is not practicable, their applicability to the information
shall be included in the written notification of the assigned
classification.
(1) For classified information containing Restricted Data or
Formerly Restricted Data as defined in the Atomic Energy Act of 1954, as
amended, such markings as may be prescribed by the Department of Energy
in regulations issued under the Act shall be applied.
(2) For classified information involving intelligence sources or
methods:
WARNING NOTICE--INTELLIGENCE SOURCES AND METHODS INVOLVED.
(3) For classified information that, pursuant to Executive Order
12356, the originator has determined should be subject to special
dissemination or reproduction limitations, or both, a statement placing
the user on notice of the restrictions shall be included in the text of
the document or on its cover
[[Page 39]]
sheet; e.g., ``Reproduction requires approval of originator,'' or
``Further dissemination only as directed by the Director, Office of
Executive Administration.''
(m) National security information that is transmitted electronically
shall be marked as follows:
(1) The highest level of classification shall appear before the
first line of text;
(2) A ``CLASSIFIED BY'' line is not required;
(3) The duration of classification shall appear as follows:
(i) For information to be declassified automatically on a specific
date:
DECL:(date)
(ii) For information to be declassified upon occurrence of a
specific event:
DECL:(description of event)
(iii) For information not to be automatically declassified which
requires the originating agency's determination, see Sec. 60.7(a):
DECL: OADR
(iv) For information to be automatically downgraded:
DNG (abbreviation of classification level to which the information is to
be downgraded and date or description of event on which downgrading is
to occur).
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59882, Nov. 26, 1991]
Sec. 60.9 Declassification and downgrading.
(a) Information shall be declassified or downgraded as soon as
national security considerations permit. Review of classified
information shall be coordinated with other agencies that have a direct
interest in the subject matter. Information that continues to meet the
classification requirements prescribed by Sec. 60.3 of this part,
despite the passage of time, will continue to be protected in accordance
with Executive Order 12356 and this part.
(b) Information shall be declassified or downgraded by the official
who authorized the original classification, if that official is still
serving in the same position; by the originator's successor; by a
supervisory official of either; or by officials delegated such
authority, in writing, by an official listed in Sec. 60.4(a).
(c) In the case of classified information transferred in conjunction
with a transfer of functions, and not merely for storage purposes, the
receiving agency shall be deemed to be the originating agency for
purposes of Executive Order 12356 and this part.
(d) In the case of classified information that is not officially
transferred as described in Sec. 60.9(c), but that originated in an
agency that has ceased to exist and for which there is no successor
agency, each agency in possession of such information shall be deemed to
be the originating agency for purposes of Executive Order 12356 and this
part. Such information may be declassified or downgraded by the agency
in possession after consultation with any other agency that has an
interest in the subject matter of the information.
(e) The Commission shall maintain a current listing of officials
delegated declassification or downgrading authority by name or position.
(f) Classified information accessioned into the National Archives of
the United States from the Commission shall be declassified or
downgraded by the Archivist of the United States in accordance with
Executive Order 12356, the directives of the Information Security
Oversight Office, and guidelines established by the Director, Office of
Executive Administration of the Panama Canal Commission. Such guidelines
shall be reviewed and updated, if necessary, at least every five years,
unless earlier review is requested by the Archivist.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59882, Nov. 26, 1991]
Sec. 60.10 Access to classified information.
(a) A person is eligible for access to classified information
provided that a determination of trustworthiness has been made and that
such access is essential to the accomplishment of lawful and authorized
Government purposes. The determinations of eligibility and
trustworthiness, referred to in this part as a security clearance, shall
be based on such investigations as the Panama Canal Commission may
require. The Deputy Personnel Director
[[Page 40]]
shall be responsible for conducting investigations relative to the
issuance of security clearances in accordance with the standards and
criteria of Executive Order 10450, and will maintain a list showing the
level of security clearances granted to each person. Security clearances
will be granted by the Director, Office of Executive Administration, as
provided in Sec. 60.14 of this part.
(b) In addition to a security clearance, a person must have a need
for access to the particular classified information or material sought
in connection with the performance of that person's official duties or
contractual obligations, except in those instances provided for in
paragraph (d) of this section. The determination of that need shall be
made by the Director, Office of Executive Administration in coordination
with officials having responsibility for the classified information or
material.
(c) When a person no longer requires access to classified
information or material in connection with the performance of that
person's official duties or contractual obligations, the security
clearance shall be withdrawn. Likewise, when a person no longer needs
access to a particular security classification category, that person's
security clearance shall be adjusted to the classification category
still required for the performance of that person's duties and
obligations. In both instances, such action shall be without prejudice
to the person's eligibility for a security clearance should the need
again arise.
(d) Persons engaged in historical research projects and former
Presidential appointees who occupied policy-making positions may be
authorized access to classified information or material originating
within the Panama Canal Commission. In such cases, the requirement in
section 60.10(a) that access to classified information may be granted
only as is essential to the accomplishment of lawful and authorized
Government purposes, may be waived, but only if the Commission has
jurisdiction over the information and:
(1) The Commission makes a written determination that access is
consistent with the interests of national security;
(2) The Commission takes appropriate steps to protect classified
information from unauthorized disclosure or compromise, and ensures that
the information is safeguarded in a manner consistent with Executive
Order 12356;
(3) The Commission limits the access granted to former Presidential
appointees to items that the person originated, reviewed, signed or
received while serving as a Presidential appointee; and
(4) In addition, the Director, Office of Executive Administration
obtains:
(i) Written agreements from the requesters to safeguard the
information to which they are given access, as permitted by Executive
Order 12356 and this part; and
(ii) Written consent from the requester for the Director, Office of
Executive Administration to review all of their notes and manuscripts
for the purpose of assuring that no classified information is contained
in them.
(e) If the access requested by historical researchers and former
Presidential appointees requires the rendering of services for which
fair and equitable fees may be charged pursuant to 31 U.S.C. 9701, the
requesters shall be so notified and the fees may be imposed.
(f) Except as provided by directives issued by the President through
the National Security Council, classified information originating in one
agency may not be disseminated outside any other agency to which it has
been made available without the consent of the originating agency.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59883, Nov. 26, 1991]
Sec. 60.11 Top Secret, Secret, and Confidential Control Officer.
(a) The Director, Office of Executive Administration, Panama Canal
Commission, is the Agency's designated Top Secret Control Officer and is
responsible for the receipt, current accountability, and transmission of
all Top Secret information. The Deputy Director, Office of Executive
Administration is the Alternate Top Secret Control Officer. A physical
inventory of all Top Secret material shall be made at least annually.
(b) The Director and the Deputy Director, Office of Executive
Administration are also the Agency's designated Control Officer and
Alternate Control
[[Page 41]]
Officer, respectively, for all classified information up to and
including Secret.
(c) The Director, Office of Executive Administration shall act on
all suggestions and complaints received by the Commission with respect
to the administration of Executive Order 12356 and this part, and may
also recommend to the Deputy Administrator appropriate administrative
actions or sanctions to correct abuse or violation of any provision of
that Order or directives under it. The Director of the Information
Security Oversight Office shall be promptly informed by the agency when
such violations occur.
(d) To the extent required by applicable laws and agency
regulations, the Deputy Administrator shall report to the Attorney
General evidence reflected in classified information of possible
violations of Federal criminal law by an agency employee and of possible
violations by any other person of those Federal criminal laws specified
in guidelines adopted by the Attorney General.
(e) When the Commission is the agency of primary interest, following
an inadvertent or unauthorized publication or disclosure of information
identical or similar to information that has been classified in
accordance with the Executive Order 12356 or predecessor orders, the
Director, Office of Executive Administration shall determine the degree
of damage to the national security, the need for continued
classification, and, in coordination with the agency in which the
disclosure occurred, what action must be taken to prevent similar
occurrences, see Sec. 60.17.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59883, Nov. 26, 1991]
Sec. 60.12 Mandatory review for declassification.
(a) Any United States citizen, permanent resident alien, federal
agency, or the government of a U.S. state or municipality may request
that classified information be reviewed for declassification by the
originating agency and released. Such requests must be submitted in
writing to the Chief, Administrative Services Division, Panama Canal
Commission, Unit 2300, APO AA 34011-2300 (or Panama Canal Commission,
Balboa Heights, Republic of Panama). In accordance with section 9701 of
title 31, United States Code, fees may be applied to any requests for
declassification and release. A request need not identify the
information requested by date or title, but must describe the document
or material containing the information with sufficient specificity to
enable the agency to locate it with a reasonable amount of effort.
Whenever a request is deficient in its description of the information
sought, the Chief, Administrative Services Division shall notify the
requester that, unless additional identifying information is provided or
the scope of the request is narrowed, the Commission will take no
further action on the request.
(b) When the Commission receives any request for documents in its
custody that were classified by another agency, it shall refer copies of
the request and the requested documents to the originating agency for
processing, and may, after consultation with the originating agency,
inform the requester of the referral. In cases in which the originating
agency determines in writing that a response is required, it is the
responsibility of the referring agency to respond to the requester.
(c) When another agency refers a request to the Commission for
review because the Commission originally classified the information
requested, the Commission shall treat the request as though it were
submitted directly to it under paragraph (a) of this section. The
Commission shall send its decision directly to the requester and shall,
if so requested, notify the referring agency of its decision on the
request and on the appeal, if any.
(d) Requests for classification review made under paragraph (a) of
this section shall be promptly acknowledged by the Chief, Administrative
Services Division and then forwarded to the official who originally
classified the document, or that official's successor, or when
appropriate to an official designated by an official listed in
Sec. 60.4(a), who, in coordination with the Chief, Administrative
Services Division, shall
[[Page 42]]
decide whether the requested information may be declassified, see
Sec. 60.7 and Sec. 60.9.
(1) Unless withholding is otherwise warranted under applicable law,
any information which may be declassified shall normally be forwarded to
the requester within sixty (60) days after receipt of a proper request.
If additional time is needed to locate or review the requested
information, the Chief, Administrative Services Division will notify the
requester accordingly. Except in unusual circumstances, a decision will
be made within one year of receipt of the request.
(2) When information cannot be declassified in its entirety, a
reasonable effort will be made, consistent with other applicable law, to
release those portions of the requested information that constitute a
coherent segment.
(3) Upon the denial or a partial denial of a request, the Chief,
Administrative Services Division shall reply to the requester and
provide a brief statement of the reasons for the denial, a notice of the
right to appeal the decision to the Director, Office of Executive
Administration and a notice that the appeal must be in writing and must
be received by the Commission within sixty (60) days of receipt of the
decision letter by the requester. Appeals should be addressed to:
Director, Office of Executive Administration, Panama Canal Commission,
Unit 2300, APO AA 34011-2300 (or Panama Canal Commission, Balboa
Heights, Republic of Panama).
(e) Within thirty (30) days after its receipt of a proper appeal
against an initial decision not to declassify information, the Director,
Office of Executive Administration shall make and dispatch the decision
whether the information should be declassified. If the Director, Office
of Executive Administration is the original classification authority of
the information under appeal, the Deputy Administrator shall determine
whether the information may be declassified. The Director, Office of
Executive Administration shall, after the decision, promptly make
available to the requester any information that is declassified and
which is otherwise releasable. If continued classification of the
requested information is necessary, the requester shall be notified of
that decision and the reasons therefor. If requested, the appeal
determination shall also be communicated to any referring agency.
(f) The classification reviews made in response to requests and
appeals under this section are in addition to the systematic review of
classified information prescribed by Executive Order 12356 and 32 CFR
part 2001.
(g) Requests for access to classified material submitted under the
Freedom of Information Act or the Privacy Act of 1974 (5 U.S.C. 552 and
552a) shall be processed in accordance with parts 9 and 10 of 35 CFR,
and shall be subject to the same review criteria for declassification as
requests submitted under paragraphs (a) through (d) of this section. In
response to a request for information under the Freedom of Information
Act, the Privacy Act of 1974, or the mandatory review provisions of this
Order, the Commission shall refuse to confirm or deny the existence or
non-existence of requested information whenever the fact of its
existence or non-existence is itself classifiable under Executive Order
12356 or 32 CFR part 2001.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59883, Nov. 26, 1991; 59
FR 26123, May 19, 1994]
Sec. 60.13 Custody and storage.
(a) Classified information shall be protected in accordance with
applicable National Security Council directives or directives
promulgated by the Information Security Oversight Office and approved by
the National Security Council.
(b) Each bureau director and chief of an independent unit (or
classified security control officer as designated by the Director,
Office of Executive Administration) shall be responsible for assuring
that all classified information within that official's organization is
used, processed, stored, and transmitted only under conditions which
will provide adequate protection and prevent access by, or dissemination
to, unauthorized persons. Containers, vaults, alarm systems, and
associated security devices procured after the effective date of this
part for the storage and protection of classified information
[[Page 43]]
shall be in conformance with the standards and specifications published
by the General Services Administration and, to the maximum extent
practicable, be of the type designated on its Federal Supply Schedule.
(c)(1) Top secret information shall be stored in a GSA-approved
security container with an approved built-in, three-position, dial-type
combination lock; in a vault protected by an alarm system and response
force; or in other storage facility that meets the standards for top
secret established under the provisions of paragraph (b) of this
section.
(2) Secret and confidential information shall be stored in a manner
and under the conditions prescribed for top secret information, or in a
container, vault, or alarmed area that meets the standards for secret or
confidential information established pursuant to the provisions of
paragraph (c)(1) of this section, and/or paragraph (c)(3) of this
section.
(3) Secret and confidential information may also be stored in a
safe-type filing cabinet having a built-in, three-position, dial-type,
changeable combination lock, or a steel filing cabinet equipped with a
steel lock bar, provided it is secured by a three-position, changeable
combination padlock approved by GSA for the purpose. The Director,
Office of Executive Administration shall prescribe any necessary
supplementary controls for storage of secret information in cabinets
equipped with a steel lock bar.
(d) Each bureau director and chief of an independent unit (or
classified security control officer) is responsible for assuring that
all personnel within that official's organization, having access to
classified information, have a security clearance issued by the
Director, Office of Executive Administration, see Sec. 60.14 and
Sec. 60.16.
(e)(1) Combinations of all repositories containing classified
information shall be changed at least annually and forwarded in double-
sealed envelopes to the Office of Executive Administration. The double-
sealed envelopes shall be classified no lower than the highest category
of information contained in the repositories. Combinations to dial-type
locks shall be changed only by persons having appropriate security
clearance, and shall be changed whenever such equipment is placed in
use, whenever a person knowing the combination no longer requires access
to the combination, whenever the equipment is taken out of service, and
at least once every year. Knowledge of combinations protecting
classified information shall be limited to the minimum number of persons
necessary for operating purposes. Records of combinations shall be
classified no lower than the highest level of classified information to
be stored in the security equipment concerned. Bureau directors and
heads of independent units (or classified security control officers)
shall ensure that combinations of dial-type locks shall be changed
whenever there is reason to suspect possible compromise of the current
combination.
(2) When security equipment having a built-in combination lock is
taken out of service, the lock shall be reset to the standard
combination 50-25-50. Combination padlocks shall be reset to the
standard combination 10-20-30.
(3) The Commission shall establish administrative procedures for the
control and accountability of keys and locks whenever key-operated,
high-security padlocks are utilized. The level of protection provided
such keys shall be equivalent to that afforded the classified
information being protected. Under no circumstances may keys be removed
from the premises. They shall be stored in a secure container.
(f) Custodians of classified matter are responsible for registering
with the Office of Executive Administration the names of all persons
having knowledge of combinations to repositories containing classified
information.
(1) Persons entrusted with classified information shall be
responsible for providing protection and accountability for such
information at all times and for locking classified information in
approved security equipment whenever it is not in use or under the
direct supervision of authorized persons. Custodians shall follow
procedures which will ensure that unauthorized persons do not gain
access to classified information.
(2) Individuals charged with the custody of classified information
shall
[[Page 44]]
conduct the necessary inspections within their areas to ensure adherence
to procedural safeguards prescribed to protect classified information.
The Director, Office of Executive Administration shall ensure that
periodic inspections are made to determine whether procedural safeguards
prescribed by agency regulations are in effect at all times.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59883, Nov. 26, 1991]
Sec. 60.14 Security investigations; training and orientation of employees.
(a) Requests for security clearances, including changes in the level
of clearances, will be forwarded to the Office of Personnel
Administration for background investigations and security checks. The
Deputy Personnel Director shall ensure that all necessary investigations
are completed, and will provide a recommendation on the issuance of a
security clearance to the Office of Executive Administration. The
Director, Office of Executive Administration, in consideration of all
available information, will determine if a security clearance may be
issued, or if the level may be changed, and establish the expiration
date of the clearance.
(b) The Director, Office of Executive Administration is also
responsible for establishing and maintaining a training and orientation
program for employees concerned with classified information or material.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59884, Nov. 26, 1991]
Sec. 60.15 Debriefing upon termination of employment.
(a) Bureau directors and heads of independent units (or classified
security control officers as designated by the Director, Office of
Executive Administration) shall be responsible for notifying the Office
of Executive Administration whenever it is necessary that an employee be
briefed or debriefed. Such notification should be in writing and be at
least sixty (60) days, or as long as possible, in advance.
(b) Bureau directors and heads of independent units (or classified
security control officers) shall ensure that debriefings are
accomplished for any employee whose employment is terminated, or
scheduled to be terminated, or when a temporary separation from
employment (not to include leave) for sixty (60) days or more has
occurred or is scheduled, whenever the employee has had access to
classified information within the last twelve calendar months of his
employment.
[56 FR 59884, Nov. 26, 1991]
Sec. 60.16 Responsibility of individual employees.
(a) The responsibility for the safeguarding of classified
information shall rest on each individual employee having possession or
knowledge of it, regardless of how such information or knowledge was
obtained. In addition, each individual employee is directly responsible
for acquiring familiarity with and complying with these and subsequently
published security regulations.
(b) Any officer or employee, at any level of employment, determined
to have been responsible for any release or disclosure of national
security information or material in a manner not authorized by Executive
Order 12356 or under this part, is subject to prompt and stringent
administrative action, and, where a violation of criminal statute may be
involved, is subject to prosecution under applicable law.
Sec. 60.17 Loss or compromise; destruction of nonrecord classified information.
(a) Any person who has knowledge of the loss or possible compromise
of classified information in the custody of the Commission shall
immediately report the circumstances to the Office of Executive
Administration. The Director, Office of Executive Administration shall
initiate an inquiry to:
(1) determine cause,
(2) place responsibility, and
(3) take corrective measures and appropriate administrative,
disciplinary, or legal action. If it is determined that classified
information has been compromised, the agency that originated the
information shall be notified of the loss or possible compromise so that
a damage assessment may be conducted and appropriate measures taken to
negate or minimize any adverse effect of the compromise.
[[Page 45]]
(b) The Deputy Administrator or the Director, Office of Executive
Administration shall initiate a damage assessment whenever there has
been a compromise of classified information originated by the Commission
that, in his judgment, can reasonably be expected to cause damage to the
national security. Damage assessments shall be in writing and shall
conform to the guidelines established by the Information Security
Oversight Office, as provided in 32 CFR 2001.47(b).
(c) Nonrecord classified information that has served its intended
purpose shall be destroyed in accordance with procedures and methods
approved by the Deputy Administrator or the Director, Office of
Executive Administration. The method of destruction selected must
preclude recognition or reconstruction of the classified information or
material.
(d) The Office of Executive Administration is the only office within
the Commission authorized to destroy classified documents which have
been recorded as received and assigned a control number.
[53 FR 7894, Mar. 11, 1988, as amended at 56 FR 59884, Nov. 26, 1991]
Sec. 60.18 Procedures for receiving and transmitting classified documents.
(a) The procedures for handling classified documents received by any
person or unit of the Panama Canal Commission shall be as follows:
(1) All classified documents received by any person or unit of the
Commission shall be immediately delivered to the Office of Executive
Administration. Personnel of the Office of Executive Administration
shall receipt for and record all classified documents received from
outside agencies (except that those officials listed in Sec. 60.4(a) of
this part may receipt for classified documents from outside agencies,
and then forward them to the Office of Executive Administration, in
person or by an authorized representative).
(2) The receipted documents shall be permanently recorded by the
Office of Executive Administration, at which time accountability for
these documents shall be assumed by that office.
(3) When classified documents addressed to an individual in the
Panama Canal Commission are received by the Office of Executive
Administration, the addressee shall be notified by telephone that such
classified matter is awaiting him; or the classified documents may be
transmitted as provided in paragraph (c) and (d) of this section. When
the addressee picks up the classified documents, all items shall be
recorded on an individual classified documents register furnished by the
Office of Executive Administration; one copy is to be permanently
retained in the library, and one is to be furnished to the addressee, or
his authorized representative, who shall sign for the documents opposite
each item on the register. This method of transfer may be utilized in
lieu of a receipt.
(b) When any unit of the Panama Canal Commission prepares a document
which is to be classified Secret or Confidential for transmission to
other offices of the Commission, the procedure shall be as follows:
(1) Prepare sufficient copies of the document for whatever
distribution is required, and one additional copy for file in the Office
of Executive Administration.
(2) Forward draft copies, handwritten copies, and carbons to the
Office of Executive Administration for retention or destruction under
established procedures.
(i) In addition, all portions of electric typewriter ribbons used in
the preparation of classified material must be destroyed in the same
manner. Reusable cloth typewriter ribbons must be protected if used for
preparation of classified material on the first pass through typewriter.
(ii) Classified material may not be entered into electronic
equipment with memory capability, such as word processors, computers,
personal computers, memory typewriters and other similar equipment,
unless specific, written permission is obtained in advance, for each
specific piece of equipment or system, from the Office of Executive
Administration.
(3) Bring all copies of the document to the Office of Executive
Administration. Copies shall be securely fastened underneath a cover
sheet of the classification recommended by the originator.
[[Page 46]]
(4) At the direction of the Director, Office of Executive
Administration, the proper classification, short title, and serial
number shall be assigned to each document, and an accountability stamp
shall be placed on each copy.
(5) All classified documents shall be appropriately and
conspicuously marked to put all persons on clear notice of their
classified content. In addition, all classified documents shall be
marked to indicate the downgrading-declassification schedule to be
followed in accordance with Sec. 60.9.
(6) The documents shall be recorded in the permanent documents log.
The accountability for the documents passes from the originator to the
Office of Executive Administration at this point.
(7) Distribution of the remaining copies shall be made according to
the procedures covered in paragraphs (a)(3), (c) and (d) of this
section. The number of copies of documents containing classified
information shall be kept to a minimum to decrease the risk of
compromise and reduce storage costs.
(c) When any unit of the Panama Canal Commission transmits documents
or information classified Top Secret to other offices of the Commission,
or any classified documents or information to any agencies or units
other than the Commission, the procedure for handling such information
shall be as follows:
(1) The documents or information shall be enclosed in opaque inner
and outer covers before transmitting. The inner cover shall be a sealed
wrapper or envelope plainly marked with the assigned classification and
addresses of both sender and addressee. The outer cover shall be sealed
and addressed with no identification of the classification of its
contents.
(2) A receipt shall be attached to or enclosed in the inner cover.
The receipt shall identify the sender, addressee, and the document, but
shall contain no classified information. It shall be immediately signed
by the recipient and returned to the sender.
(d) When the Commission transmits classified documents or
information to any agency other than the Commission, or documents or
information classified Top Secret to other offices of the Commission,
one or more of the following methods shall be used:
(1) By specifically designated personnel having the appropriate
security clearance;
(2) By State Department diplomatic pouch;
(3) By messenger-courier system specifically created for that
purpose;
(4) Over authorized secure communication circuits.
(e) Secret and confidential documents or information may also be
transmitted by the following methods:
(1) As provided in paragraph (c) of this section, if transmittal is
to be within the Commission;
(2) By U.S. registered mail through Army, Navy, or Air Force Postal
Service facilities provided that the information does not at any time
pass out of U.S. citizen control and does not pass through a foreign
postal system; or
(3) Under escort of appropriately cleared personnel aboard U.S.
Government and U.S. Government-contract vehicles or aircraft, ships of
the United States Navy, civil-service-manned U.S. Naval ships, and ships
of U.S. Registry. Operators of vehicles, captains or masters of vessels,
and pilots of aircraft who are U.S. citizens and who are appropriately
cleared may be designated as escorts.
Sec. 60.19 Reproduction of classified documents.
(a) Top Secret documents may not be reproduced without the consent
of the originating agency unless otherwise marked by the originating
office. The reproduction of Secret and Confidential documents may be
restricted by the originating agency. Reproduced copies of classified
documents are subject to the same accountability and controls as the
original documents.
(b) The Office of Executive Administration is the only office within
the Panama Canal Commission authorized to reproduce documents which have
been classified. Other offices within the Panama Canal Commission which
require the reproduction of classified documents shall take them to the
Office of Executive Administration,
[[Page 47]]
where the documents will be reproduced, properly marked, controlled and
then returned to the user.
PART 61--HEALTH, SANITATION, AND COMMUNICABLE DISEASE SURVEILLANCE--Table of Contents
Subparts A-D [Reserved]
Subpart E--Maritime Communicable Disease Surveillance
Definitions and General Provisions
Sec.
61.121 Purpose.
61.122 Definitions.
61.123 Periods of isolation and surveillance.
61.124 Periods of immunity.
61.125 Sanitary measures previously applied.
61.126 Certificate of measures applied.
Measures in Transit
61.151 Vessels; general provisions.
61.152 Vessels; sanitary inspection and corrective measures.
61.153 Vessels; entries in the official record.
61.154 Vessels; radio report of disease aboard.
61.155 Vessels; yellow fever.
61.156 Vessels; disinsecting.
Vessels Subject to Communicable Disease Surveillance Inspection
61.171 General provisions.
61.172 Exempt vessels subject to sanitary regulations.
61.173 Report of disease or rodent mortality on vessel during stay in
port.
General Requirements Upon Arrival at the Panama Canal
61.191 Applicability.
61.192 Vessels; awaiting inspection.
61.193 Maritime communicable disease surveillance declaration.
61.194 Persons; restrictions on boarding and leaving vessels, or having
contact with persons aboard.
61.195 Communicable disease surveillance inspsection and controls.
61.196 Persons; examination.
61.197 Vessels; persons and things; communicable diseases other than
quarantinable diseases.
61.198 Persons; isolation.
61.199 Furnishing of fresh crew.
61.200 Disinfection of cargo.
61.201 Exemption for mails.
Particular Requirements Upon Arrival at the Panama Canal
61.221 Applicability.
61.222 Cholera; vessels and things.
61.223 Cholera; vessels; persons.
61.224 Plague; vessels.
61.225 Plague; vessels; persons; things.
61.226 Yellow fever; vessels; classification.
61.227 Yellow fever; vessels; persons.
Sanitary Inspection: Rodent and Vermin Control
61.241 General provisions.
61.242 Disinsecting and disinfection; vessels and persons.
61.243 Deratting Certificates; Deratting Exemption Certificates.
61.244 Vessels in traffic between the United States and Panama.
Pratique: Vessels
61.261 General requirements.
61.262 Free pratique.
61.263 Provisional pratique.
61.264 Radio pratique.
Importation of Dogs and Cats
61.281 Quarantine of dogs and cats.
Subpart F--Pest Exterminators
61.311 License required to engage in business of pest extermination.
61.312 Licensed foreman required to be in charge.
61.313 Possession and display of licenses.
61.314 Renewal of licenses; suspension and revocation.
61.315 Approval of types, concentrations, and manner of use of
insecticides and rodenticides required.
61.316 Sale of insecticides and rodenticides.
61.317 Inapplicability to Government agencies and their officers and
employees.
61.318 Inapplicability to military reservations.
Subparts G-H--[Reserved]
Subpart I--Authority of Governor
61.381 Authority of Governor.
Authority: Issued under authority vested in the President by section
1701, Pub. L. 96-70, 93 Stat. 492; EO 12173, 44 FR 69271.
Source: 31 FR 12236, Sept. 16, 1966, unless otherwise noted.
Subparts A-D [Reserved]
Subpart E--Maritime Communicable Disease Surveillance
Authority: Issued under authority vested in the President by 22
U.S.C. 3811; EO 12215, 45 FR 36043.
[[Page 48]]
Source: 51 FR 21361, June 12, 1986, unless otherwise noted.
Editorial Note: Nomenclature changes appear at 62 FR 33748, June 23,
1997.
Definitions and General Provisions
Sec. 61.121 Purpose.
The purpose of the regulations in this subpart is to insure the
health and safety of employees of the Panama Canal Commission, to
prescribe procedures for coordination with the Government of Panama
concerning communicable disease surveillance, and to comply with the
recommendations of the World Health Organization (WHO) concerning such
surveillance.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.122 Definitions.
As used in this subpart:
Aedes aegypti Index means the ratio, expressed as a percentage,
between the number of houses in a limited well-defined area on the
premises of which actual breeding-places of Aedes aegypti are found, and
the total number of houses examined in that area.
Boarding official (admeasurer) means an official or employee of the
Panama Canal Commission specially trained and assigned to communicable
disease surveillance duty by authority of the Chief, Occupational Health
Division.
Certificate of vaccination means a certificate of vaccination or
revaccination against cholera, or yellow fever conforming with the rules
and models prescribed by the International Health Regulations.
Chief, Occupational Health Division means the officer of the Panama
Canal Commission responsible for the application of these regulations.
Communicable disease means an illness due to an infectious agent or
its toxic products which is transmitted directly or indirectly to a well
person from an affected person, animal, or arthropod (including insecta
and arachnida) or through the agency of an intermediate host, vector or
the inanimate environment.
Communicable disease surveillance means the surveillance or
quarantine of a person, vessel, or other conveyance, animal or thing, in
such place and for such period of time as may be specified in the
regulations in this subpart.
Contamination means the presence of undesirable substance or
material which may contain pathogenic micro-organisms.
Day means a period of 24 hours.
Deratting certificate means a certificate issued with respect to a
vessel by the competent health authority of a port, in the form
prescribed by the International Health Regulations, recording the
inspection and deratting of the vessel.
Deratting exemption certificate means a certificate issued with
respect to a vessel by the competent health authority of a port, in the
form prescribed by the International Health Regulations, recording the
inspection and exemption from deratting of the vessel which has a
negligible number of rodents on board.
Disinfection means the act of rendering anything free from the
causal agents of disease.
Disinfestation means the act of destroying the vectors of a
communicable disease.
Disinsecting means the act of destroying insects or other anthropod
vectors of communicable disease.
Foreign port means any seaport other than a port of the United
States or of the Republic of Panama.
Fumigation means the process by which the destruction of vermin and
rodents is accomplished by the employment of gaseous agents.
Immunity means the condition of being protected against a particular
disease, either as a result of artificial immunization or through a
previous attack of the disease in question.
Incubation period means the period between the implanting of disease
organisms in a susceptible person and the appearance of clinical
manifestations of the disease.
Infected area means an area (as defined in the International Health
Regulations): (1) Where there is a nonimported case of cholera, or (2)
where there is a nonimported case of plague, or there is plague
infection among rodents; or (3) where there is a nonimported case of
yellow fever, or there
[[Page 49]]
is activity of yellow fever virus in vertebrates other than man.
Infected person means any person who is suffering from a
quarantinable disease or who is considered by the Chief, Occupational
Health Division to be infected with such a disease.
Infected vessel means a vessel determined to be infected with an
internationally quarantinable disease, as recognized by the World Health
Organization (WHO).
International Health Regulations means the regulations adopted by
the 22nd World Health Assembly in 1969, as amended by subsequent
Assemblies for the International Surveillance of Communicable Diseases,
(3rd Edition, Annotated, 1983).
Isolation means (1) when applied to a person or group of persons,
the separation of that person or group of persons from other persons in
such a manner as to prevent the spread of infection; and (2) when
applied to animals, the separation of an animal or group of animals from
other animals or vectors of disease in such a manner as to prevent the
spread of infection.
Port of Panama means any seaport in the Republic of Panama.
Port of the United States means any seaport in the United States, in
the Commonwealth of Puerto Rico, and in territories or possessions of
the United States.
Pratique means authorization granted by the Chief, Occupational
Health Division in writing or via radio releasing or provisionally
releasing a vessel from quarantine, without relieving the vessel from
completing the necessary documentation.
Quarantinable disease means a specific communicable disease such as
cholera, plague, or yellow fever for which WHO requires specific
quarantine measures.
Rodents means gnawing mammals capable of transmitting or harboring
quarantinable diseases.
Suspect means a person who is considered by the Chief, Occupational
Health Division as having been exposed to infection by a quarantinable
or other dangerous infectious disease and to be capable of spreading
that disease.
Suspected vessel, means a vessel that is suspected to be infected
with an internationally quarantinable disease as recognized by WHO.
Valid means (1) with respect to a Deratting Certificate or Deratting
Exemption Certificate issued for a vessel, a certificate issued by the
competent health authority for a port not more than 6 months before
presentation of the certificate to the Chief, Occupational Health
Division, or if the vessel is proceeding to a port designated or
approved for the issuance of such certificates, not more than 7 months
before such presentation; and (2) with respect to a Certificate of
Vaccination, a certificate presented within the applicable period of
immunity prescribed in Sec. 61.124.
Vector means an animal (including insects), plant, or thing which
conveys or is capable of conveying pathogenic organisms from a person or
animal to another person or animal.
WHO means the World Health Organization, an international
organization which acts as the directing and coordinating authority on
international health work and is charged with eradicating or controlling
epidemic, endemic and other diseases.
Yellow fever receptive area means an area in which the virus of
yellow fever does not exist but where the presence of Aedes aegypti or
any other domiciliary or peri-domiciliary vector of yellow fever would
permit its development if introduced.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.123 Periods of isolation and surveillance.
Except as otherwise provided with respect to infected persons,
isolation or surveillance shall not exceed the following appropriate
incubation period for internationally quarantinable diseases:
(a) Plague: 6 days.
(b) Cholera: 5 days.
(c) Yellow fever: 6 days.
Sec. 61.124 Periods of immunity.
The following shall be the recognized period of immunity after
successful immunication:
[[Page 50]]
(a) Cholera: 6 months, beginning 6 days after the first injection of
the vaccine or on the date of a revaccination during such six-month
period.
(b) Yellow fever: 10 years beginning 10 days after date of original
vaccination or from date of a revaccination within such period of 10
years.
Sec. 61.125 Sanitary measures previously applied.
(a) Required sanitary measures (other than a medical examination)
taken by a vessel with respect to a quarantinable disease need not be
repeated upon the vessel's arrival in Panama Canal waters, unless--
(1) After the departure of a vessel from the port where the measures
were applied there is or has been on board an infected person or suspect
or there has occurred any other incident of epidemiological significance
either in the port or on board the vessel which, in the judgment of the
Chief, Occupational Health Division, requires further application of any
such measure; or
(2) The Chief, Occupational Health Division has ascertained, on the
basis of definite evidence, that the individual measure so applied was
not substantially effective.
(b) Measures taken with regard to unsanitary conditions on vessels
entering a port of Panama by means of Panama Canal waters will be
coordinated with the Port Quarantine Office of the Government of Panama.
Sec. 61.126 Certificate of measures applied.
The Chief, Occupational Health Division shall, upon request, issue
free of charge to a carrier a certificate specifying the sanitary
measures applied to a vessel, the parts thereof treated, the methods
employed, and the reasons why the measures were applied.
Measures in Transit
Sec. 61.151 Vessels; general provisions.
The measures described in Secs. 61.152 through 61.156 must be taken
in transit with respect to vessels destined to enter Panama Canal
waters.
Sec. 61.152 Vessels; sanitary inspection and corrective measures.
The master or his/her designated officer shall make a daily sanitary
inspection of all compartments or the vessel normally accessible to
passenger or crew. Immediate corrective measures shall be taken if
evidence of vermin, rodents or unsanitary conditions is found.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.153 Vessels; entries in the official record.
A record of the conditions found in a sanitary inspection under
Sec. 61.152 and the corrective measures taken shall be entered in an
official record.
Sec. 61.154 Vessels; radio report of disease aboard.
(a) The master of a vessel destined to enter Panama Canal waters
shall report promptly by radio to the Chief, Occupational Health
Division of the Panama Canal Commission prior to entering the Panama
Canal, and wherever practicable not less than four hours before the
expected arrival of the ship, the occurrence or suspected occurrence of
any serious human or animal disease manifested by fever, diarrhea, skin
rashes and other suspicious symptoms such as may indicate any of the
following: Anthrax, cholera or suspected cholera, dengue, diphtheria,
encephalitis, gonorrhea, hemolytic streptococcal infections, infectious
hepatitis, leprosy, malaria, measles, meningococcal meningitis, plague,
poliomyelitis, shigella dysentery, syphilis, tuberculosis, typhoid
fever, typhus, suspected viral hemorragic fever, yellow fever, or any
other diseases which may be added to the list of internationally
communicable diseases as recognized by WHO in its International Health
Regulations or by the Ministry of Health of the Government of Panama. A
disease may also be deleted from this list with the concurrence of the
Ministry of Health of the Government of Panama, if it has been removed
from the WHO regulations.
(b) The Chief, Occupational Health Division will notify the Port
Quarantine Office of the Government of
[[Page 51]]
Panama as soon as information is received that one of the preceding
diseases is present or suspected of being present on a ship entering the
Panama Canal.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.155 Vessels; yellow fever.
(a) The following vessels shall be disinsected prior to their
arrival in Panama Canal waters, and the master of the vessel shall
certify to this effect on the maritime quarantine declaration presented
to the Chief, Occupational Health Division upon arrival:
(1) An infected or suspected vessel as defined in Sec. 61.226; or
(2) A vessel from an infected area; or,
(3) A vessel that has within 15 days left a port where the Aedes
aegypti Index is reported as 1.0 or higher.
(b) The insecticide used and method or disinsecting shall be those
prescribed by the Chief, Occupational Health Division.
(c) If the disinsecting required under paragraph (a) of this section
is not carried out or if the Chief, Occupational Health Division finds
live mosquitoes on board or otherwise determines that the vessel's own
disinsecting was inadequate, the vessel shall be detained in quarantine
at a mooring not less than 400 meters from shore until disinsected by
communicable disease surveillance personnel, and persons other than such
personnel shall not be allowed on board until disinsecting is completed.
(d) The Quarantine Office of the Government of Panama, upon request,
will be provided complete information from the ship's required entry
documents for specified vessel(s) which have either transited the Panama
Canal or docked at a port of Panama.
(e) The disinfecting required under paragraph (a) of this section
shall not be required when the index of Aedes aegypti in Panama exceeds
the 1.0 index level established by the World Health Organization (WHO).
[51 FR 21361, June 12, 1986, as amended at 62 FR 12751, Mar. 18, 1997;
62 FR 33478, June 23, 1997]
Sec. 61.156 Vessels; disinsecting.
Vessels required to be disinsected under Sec. 61.155 shall be
disinsected as follows:
(a) The insecticide used shall be an aerosol of a type approved by
the Chief, Occupational Health Division;
(b) The insecticide shall be dispensed in the amount to be
determined by the Chief, Occupational Health Division and released or
sprayed throughout all accessible compartments;
(c) The ventilating system shall be stopped and all openings to the
exterior kept closed while the insecticide is being released or sprayed
for a period of at least 15 minutes thereafter.
Vessels Subject to Communicable Disease Surveillance Inspection
Sec. 61.171 General provisions.
(a) A vessel arriving in Panama Canal waters shall undergo
communicable disease surveillance inspection prior to entry unless:
(1) In the current voyage the vessel has not touched at any port
other than a port determined by WHO, the quarantine officer of the
Government of Panama or the Centers for Disease Control of the United
States Public Health Service to be in an area that is exempt from
communicable disease surveilliance; or
(2) In the current voyage the vessel has received pratique at a port
of Panama or a port of the United States, and since receiving such
pratique has met the requirements of paragraph (a)(1) of this section;
or
(3) Pratique has been granted by a Chief, Occupational Health
Division prior to the arrival of the vessel at the Panama Canal.
(b) A vessel otherwise exempt from inspection under the provision of
paragraph (a)(1), (2), or (3) of this section shall undergo communicable
disease inspection prior to entering the Panama Canal if the vessel--
(1) Has on board, or during the current voyage has had on board, a
person infected or suspected of being infected with any serious human or
animal disease manifested by fever, diarrhea, skin rashers or other
suspicious symptoms;
[[Page 52]]
(2) Arrives directly from a port where at the time of departure
there was present or suspected of being present cholera, plaque, or
yellow fever.
(3) Being exempt from inspection under the provisions of paragraph
(a)(1) of this section, or arrival at the Panama Canal has on board a
person who has been in a port or area which is not exempt from
communicable disease surveillance within 14 days prior to such arrival;
or,
(4) Being exempt from inspection under the provisions of paragraph
(a) (1) or (3) of this section, on arrival at the Panama Canal has on
board an animal or article that does not comply with the admission
requirements contained in this part or prescribed by the Government of
Panama.
(c) Notwithstanding the provisions of paragraphs (a) (2) and (3) of
this section, a vessel having received pratique at a port of Panama or a
port of the United States--
(1) Shall comply with any conditions and carry out any additional
measures specified in the pratique; and
(2) May be required to undergo communicable disease surveillance
inspection if the Chief, Occupational Health Division has reason to
believe that the entry or departure of the vessel would be likely to
cause the introduction of communicable disease.
Sec. 61.172 Exempt vessels subject to sanitary regulations.
A vessel which has been exempted from communicable disease
surveillance inspection under Sec. 61.171 shall nevertheless be subject
to the provisions of Secs. 61.241 through 61.244.
Sec. 61.173 Report of disease or rodent mortality on vessel during stay in port.
The master of a vessel which has entered the Panama Canal to dock in
a port of Panama shall promptly report to the Chief, Occupational Health
Division before re-entering the Panama Canal the occurrence of the
following on the vessel during its stay in port:
(a) A known or suspected case of communicable disease included in
the list or description in Sec. 61.154.
(b) Unusual mortality or evidence of disease among rodents.
General Requirements Upon Arrival at the Panama Canal
Sec. 61.191 Applicability.
The measures prescribed in Secs. 61.192 through 61.201 shall be
taken with respect to vessels which are subject to communicable disease
surveillance inspection pursuant to Secs. 61.171 and with respect to
persons and things arriving on such vessels.
Sec. 61.192 Vessels; awaiting inspection.
(a) A vessel which must undergo communicable disease surveillance
inspection prior to entry shall fly a yellow flag and, except as
provided in paragraph (b) of this section, shall anchor in the
prescribed anchorage and await inspection.
(b) If the vessel is to dock in a port of Panama, the Chief,
Occupational Health Division, after reaching agreement with the port
quarantine officer of the Government of Panama, may authorize the vessel
to proceed to a point within the port to await further inspection.
(c) There will be no movement of any person or thing onto or from
the vessel without the permission of the port quarantine officer of the
Government of Panama pending communicable disease surveillance
inspection by appropriate personnel.
Sec. 61.193 Maritime communicable disease surveillance declaration.
(a) Upon arrival of a vessel, her master shall complete and sign a
maritime communicable disease surveillance declaration on the Panama
Canal Commission Communicable Disease Surveillance Declaration form.
This form is also referred to as the Ship Information and Quarantine
Declaration (SIQD). The SIQD shall also be signed by the ship's surgeon
if one is carried. The signed form shall be delivered to the
Commission's boarding officer (admeasurer) when he boards the vessel.
The original shall be retained in the Office of Admeasurement. Copies
will be sent to the port quarantine officer of the Government of Panama
and the Panamanian Ministry of Health. A copy shall be given to the
master of the vessel as well.
[[Page 53]]
(b) The master of a vessel and the ship's surgeon, if one is
carried, shall furnish all information as to health conditions on board
during the voyage which may be required by the Chief, Occupational
Health Division, and shall comply with the regulations in this subpart
and with any directions or requirements of the Chief, Occupational
Health Division, pursuant to the regulations in this subpart.
(c) See Ship Information and Quarantine Declaration, Sec. 101.10.
(Approved by the Office of Management and Budget under control number
3207-0001)
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.194 Persons; restrictions on boarding and leaving vessels, or having contact with persons aboard.
Except with the permission of the Chief, Occupational Health
Division or the port quarantine officer, no person other than the pilot
may board a vessel subject to communicable disease surveillance
inspection until after it has been inspected by the Chief, Occupational
Health Division or port quarantine officer and granted pratique. A
person boarding the vessel shall be subject to the same restrictions as
those imposed on the persons on the vessel. A person may not leave or be
permitted to leave a vessel subject to communicable disease surveillance
inspection until after it has been inspected by the Chief, Occupational
Health Division or port quarantine officer and granted pratique, except
with the permission of the Chief, Occupational Health Division or port
quarantine officer.
Sec. 61.195 Communicable disease surveillance inspection and controls.
(a) Communicable disease surveillance inspection of vessels may
include, but is not limited to, the following:
(1) Inspection of the vessel, its cargo, manifests, and other papers
to ascertain the sanitary history and condition of the vessel; and
(2) Examination of the persons aboard the vessel, their personal
effects and records to determine the presence, or risk or introduction,
of quarantinable and other communicable diseases.
(b) The Chief, Occupational Health Division may require a vessel to
remain under communicable disease surveillance controls until the
completion of the measures authorized in this subpart which in his/her
judgment are necessary to prevent the introduction or spread of a
quarantinable or other communicable disease.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.196 Persons; examination.
If a vessel that is subject to communicable disease surveillance
inspection carries a ship surgeon, the examination of persons on board
may be limited to those designated by the port quarantine officer of the
Government of Panama.
Sec. 61.197 Vessels; persons and things; communicable diseases other than quarantinable diseases.
Whenever the Chief, Occupational Health Division has reason to
believe that an arriving vessel has a person aboard who is suffering or
has been exposed to any of the communicable diseases listed in
Sec. 61.154 of this chapter or has an article or thing aboard that is
contaminated with any of the same communicable diseases, he will report
these findings to the Quarantine Office of the Government of Panama and
take whatever measures are indicated to prevent the spread of the
communicable disease to the Republic of Panama and to the Panama Canal
Commission personnel boarding the vessel.
Sec. 61.198 Persons; isolation.
Persons held under isolation or surveillance pursuant to these
provisions shall not have contact with other persons except by
permission of the Chief, Occupational Health Division.
Sec. 61.199 Furnishing of fresh crew.
After a vessel has been cleared by the Chief, Occupational Health
Division, it may be furnished with a fresh crew. Crew members boarding
the vessel must clear the Quarantine, Immigration and Customs offices of
the Government of Panama.
[[Page 54]]
Sec. 61.200 Disinfection of cargo.
When the freight manifest of a vessel lists articles which may
require disinfection under the provisions of this subpart, the Chief,
Occupational Health Division shall:
(a) Request veterinary assistance to inspect and disinfect them on
board if the vessel is for transit only.
(b) Notify the port quarantine officer of the Government of Panama
if the vessel will enter a port of Panama so that the articles can be
disinfected or kept separate from other freight in the port pending
appropriate disposition.
Sec. 61.201 Exemption for mails.
Except to the extent that mail contains any of the foods or
beverages specified in Sec. 61.222(d) which the boarding officer
(admeasurer) has reason to believe comes from a cholera-infected area,
or any dog or cat subject to communicable disease surveillance
restrictions under Secs. 61.281, this subpart shall not render liable to
detention, disinfection, or destruction any mail conveyed under the
authority of the postal administration of the United States or of any
other Government.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Particular Requirements Upon Arrival at the Panama Canal
Sec. 61.221 Applicability.
In addition to the requirements of Secs. 61.192 through 61.201, the
particular requirements prescribed in Secs. 61.222 through 61.229 for
persons, vessels, animals, and cargo shall be observed with respect to
vessels which are subject to communicable disease surveillance
inspection under Secs. 61.171. The particular requirements of
Sec. 61.226 shall be observed irrespective of whether the vessels are
subject to communicable disease surveillance inspection.
Sec. 61.222 Cholera; vessels and things.
(a) For the purpose of applying sanitary and quarantine measures
against the spread of cholera:
(1) An infected vessel means a vessel which has on board on arrival
a case of cholera-like diarrhea or on which a case of cholera has
occurred within 5 days prior to arrival.
(2) A suspected vessel means a vessel which has had on board during
the voyage a severy case of cholera-like diarrhea more than 5 days prior
to arrive.
(b) An infected or suspected vessel shall be detained in quarantine
as may be necessary for the effective accomplishment of the applicable
sanitary measures prescribed in this subpart.
(c) Personal effects and baggage of an infected person or suspect
and and part of the infected or suspected vessel considered to be
contaminated shall be disinfected. Bedding or linen, human ejecta, bilge
water, waste matter or water, and matter considered to be contaminated
may not be unloaded or discharged until it has been disinfected by the
quarantine officer of the Government of Panama.
(d) On arrival of an infected or suspected vessel, or a vessel
arriving from an infected area, the boarding officer (admeasurer) may
prohibit entrance into Panama Canal waters of such vessel until
arrangements have been made with the quarantine officer of the
Government of Panama at the ports of Panama for evaluation of all fish,
shellfish, fruit or vegetables to be consumed uncooked unless such food
or beverages are in sealed containers. The quarantine officer of the
port of Panama will also evaluate any such food or beverages that form
part of the ship's stores.
(e) If the boarding officer (admeasurer) considers the water supply
of a cholera infected or suspected vessel to be contaminated, he shall
require the disinfection and removal of any water carried on board and
if necessary the disinfection of the water system and of the water
containers. The ship will be instructed not to dispose of any
potentially contaminated water of feces into Canal waters.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.223 Cholera; vessels; persons.
(a) Persons ill from cholera shall be isolated and immediate
arrangements shall be made with the Quarantine Office of the Government
of Panama for treatment of the person.
[[Page 55]]
(b) On arrival of an infected vessel the Chief, Occupational Health
Division shall contact the port quarantine officer of the Government of
Panama to arrange placement under isolation of all persons disembarking.
(c) On arrival of a suspected vessel the boarding officer
(admeasurer) shall contact the port qurantine officer of the Government
of Panama to arrange placement under surveillance or isolation of any
person disembarking.
(d) The quarantine officers of the Government of Panama shall be
contacted regarding isolation or surveillance of any person wishing to
disembark from a vessel which within five days prior to arrival has
departed from a cholera-infected area or arrives on a vessel which has
departed from such an area.
(e) A person who has departed from an infected area within 5 days
prior to arrival and who has symptoms indicative of cholera may be
required to submit to a stool examination.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.224 Plague; vessels.
(a) For the purpose of applying sanitary and quarantine measures
against the spread of plague:
(1) An infected vessel means a vessel which has on board on arrival
a case of human plague, or a plague infected rodent. A vessel shall also
be regarded as infected if a case of plague develops on board in a
person more than 6 days after his embarkation.
(2) A suspected vessel means (i) a vessel which, not having a case
of human plague on board on arrival, has had on board such a case
developed by the person within 6 days of his embarkation, or (ii) a
vessel on which there is evidence of abnormal mortality of rodents on
board, the cause of which is not known on arrival.
(b) An infected or suspected vessel shall be detained in quarantine
as may be necessary for the effective accomplishment of the applicable
sanitary measures prescribed in this subpart.
(c) On arrival of a vessel which has rodent plague on board the
boarding officer (admeasurer) shall contact the port quarantine officer
of the Government of Panama to arrange deratting of the vessel. A vessel
which has entered a Panamanian port in or adjacent to Panama Canal
waters will not be allowed to re-enter Panama Canal waters until the
following provisions have been met during such deratting:
(1) The deratting shall be carried out as soon as the holds have
been emptied.
(2) One or more preliminary derattings of a vessel with the cargo in
situ, or during its unloading, may be carried out to prevent the escape
of infected rodents.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.225 Plague; vessels; persons; things.
(a) Persons ill from plague shall be isolated until arrangements are
made with the quarantine office of the Government of Panama for
quarantine and treatment of the person.
(b) On arrival of an infected or suspected vessel the boarding
officer (admeasurer) may:
(1) Require any suspect on board to be disinsected and may place him
under surveillance, the period of surveillance being reckoned from the
data of arrival of the vessel;
(2) Require the disinsecting and, if necessary, disinfection of the
baggage of any infected person or suspect and of any other article such
as used bedding or linen; and any part of the vessel which the boarding
officer (admeasurer) considers to be contaminated.
(c) On the arrival of a healthy vessel which has come from a plague-
infected area the boarding officer (admeasurer) may--
(1) Arrange placement under surveillance by the quarantine officer
of the Government of Panama of any suspect who disembarks.
(2) Require the deratting of the vessel at the anchorage in
exceptional circumstances. In such case, the master shall be informed in
writing of the reasons for the action.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
[[Page 56]]
Sec. 61.226 Yellow fever; vessels; classification.
For the purpose of applying sanitary and quarantine measures against
the spread of yellow fever:
(a) An infected vessel means a vessel which has on board on arrival
or which during its voyage had on board a case of yellow fever.
(b) A suspected vessel means a vessel which has left a yellow fever-
infected area within 6 days prior to arrival or which arriving within 30
days after leaving such area has Aedes aegypti mosquitoes on board.
Sec. 61.227 Yellow fever; vessels; persons.
(a) On arrival of an infected vessel the boarding officer
(admeasurer) shall contact the quarantine officer of the Government of
Panama to coordinate removal and isolation of all persons ill with
yellow fever until they are no longer infectious.
(b) The boarding officer (admeasurer) will inform the quarantine
office of the Government of Panama of the arrival of any person from an
infected area or planning to disembark from an infected or suspected
vessel who does not produce a valid certificate of vaccination against
yellow fever.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sanitary Inspection: Rodent And Vermin Control
Sec. 61.241 General provisions.
(a) Vessels entering Panama Canal waters are subject to sanitary
inspection in accordance with Sec. 61.241 through 61.244 to ascertain
whether there exists rodent, vermin, or insect infestation, contaminated
food or water, or other unsanitary conditions requiring measures for the
prevention of the introduction, transmission, or spread of communicable
disease.
(b) The Chief, Occupational Health Division of the Panama Canal
Commission may require such measures with respect to such vessels as are
deemed necessary to:
(1) Carry out the Commission's responsibilities as set forth in the
Panama Canal Treaty of 1977 in regards to preserving the health of the
employees of the Commission and the sanitation of Panama Canal areas and
waters;
(2) Comply with the recommendations of the World Health
Organization;
(3) Effect those measures deemed necessary by the Government of
Panama;
(4) Prevent the entrance into Panama or the international spread of
other communicable diseases designated as a serious threat.
Sec. 61.242 Disinsecting and disinfection; vessels and persons.
Except as otherwise provided in this subpart--
(a) Vessels may be disinfected on arrival if the Chief, Occupational
Health Division considers disinfestation necessary to prevent the spread
of infection or for the destruction of insects and vermin capable of
transmitting communicable disease.
(b) The person, effects and baggage of any vermin-infested person
arriving aboard a vessel shall be disinsected and, if necessary, in the
judgment of the boarding officer (admeasurer), disinfected.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.243 Deratting Certificates; Deratting Exemption Certificates.
(a) If a valid Deratting Certificate or Deratting Exemption
Certificate is not produced with respect to any arriving vessel--
(1) If the vessel will only transit the Panama Canal and the
boarding officer (admeasurer) is satisfied that the vessel is free of
rodents or is kept in such a condition that the number of rodents on
board is negligible, the boarding officer (admeasurer) may clear it for
transit. If it is determined that a deratting certificate shall not be
issued with respect to the vessel, the boarding officer (admeasurer)
shall notify the Commission's Marine Traffic Control Center and the Port
Quarantine Office of the Government of Panama.
(2) If the vessel will stop in the ports of Balboa or Cristobal, the
boarding officer (admeasurer) will report his findings and
recommendations to the Port Quarantine Office of the Government of
Panama.
[[Page 57]]
(b) [Reserved]
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.244 Vessels in traffic between the United States and Panama.
Notwithstanding any other provision of this subpart, vessels engaged
in trade between ports of the United States or Panama on entering Panama
Canal waters shall be subject to sanitary inspection and measures as
described in Secs. 61.241 through 61.243, when arriving from a port
infected or suspected of being infected with a quarantinable disease or
when illness on board indicates unsatisfactory sanitary conditions.
Pratique: Vessels
Sec. 61.261 General requirements.
Vessels subject to communicable disease surveillance inspections
under the provisions of Sec. 61.171 may not enter Panama Canal waters
unless a certificate of free pratique or provisional pratique has been
granted to the master. When it is not feasible to comply with the
requirements for free or provisional pratique, the vessel is at liberty
to return to sea:
Sec. 61.262 Free pratique.
The granting of free pratique signifies that the vessel and its
master may enter Panama Canal waters.
Sec. 61.263 Provisional pratique.
(a) Provisional pratique signifies the vessel may proceed, but
additional measures regarding the sanitary condition of the vessel, as
specified, must be taken in connection with the entering or proceeding
through the Canal. Free pratique shall be issued after the additional
measurers have been completed.
(b) The boarding officer (admeasurer) may notify the next port of
such additional measures as may be indicated for a particular vessel to
proceed there. The boarding officer (admeasurer) may contract the
quarantine stations at the next port of call regarding additional
measures indicated.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Sec. 61.264 Radio pratique.
The boarding officer (admeasurer) may grant pratique to a vessels
upon the basis of information regarding the vessel, its cargo and
persons aboard, received prior to arrival of the vessel, when in his
judgment, and in accordance with general standands set by the Chief,
Occupational Health Division of the Commission and the Ministry of
Health of the Government of Panama, the entry of the vessel will not
result in the introduction, transmission or spread of communicable
diseases.
[51 FR 21361, June 12, 1986, as amended at 62 FR 33748, June 23, 1997]
Importation of Dogs and Cats
Sec. 61.281 Quarantine of dogs and cats.
The owner or person in charge of any dog or cat entering the Panama
Canal area from outside the Republic of Panama shall make arrangements
with the appropriate veterinary authorities for entry of the animal.
Subpart F--Pest Exterminators
Sec. 61.311 License required to engage in business of pest extermination.
(a) A firm, establishment, company, corporation, or individual doing
business in his own name may not engage in the business of extermination
of pests such as rats, roaches, ticks, termites, ants, or other harmful
insects or rodents, unless licensed to do so by the Health Director of
the Canal Zone Government.
(b) The Health Director may not license an applicant as a pest
exterminator unless it is established to the satisfaction of the Health
Director:
(1) That a sufficient number of its personnel are licensed under
Sec. 61.312 to ensure its capacity to conduct its business in conformity
with the regulations in this subpart; and
(2) That it is otherwise properly qualified and competent to conduct
such business.
Cross Reference: See also 2 C.Z.C. 872, 76A Stat. 33, for certain
statutory requisites applicable to corporations doing business in the
Canal Zone.
[[Page 58]]
Sec. 61.312 Licensed foreman required to be in charge.
(a) Each crew or gang of pest exterminators performing pest
eradication shall be under the direct and immediate supervision of a
foreman or gang leader licensed as a pest exterminator under this
section.
(b) In order to be licensed as a pest exterminator the applicant
must establish to the satisfaction of the Chief, Division of Sanitation
of the Health Bureau of the Canal Zone Government, or such person as the
Health Director designates to issue such licenses, that he is familiar
with the accepted methods of dispensing insecticides and rodenticides,
with their toxicity and other significant qualities, and with safety
precautions to be observed in their use.
Sec. 61.313 Possession and display of licenses.
The foreman or leader of each crew or gang of pest exterminators
performing pest eradication shall have in his possession a legible copy
of the license issued to him under Sec. 61.312 and a legible copy of the
license issued to his employer under Sec. 61.311 and shall display such
licenses on demand of personnel of the Health Bureau or of the Canal
Zone Police.
Sec. 61.314 Renewal of licenses; suspension and revocation.
(a) Licenses issued under Secs. 61.311 and 61.312 shall be renewed
annually. The licensing authority may require the same kind of showing
of qualification of an applicant for renewal of a license as is required
of an applicant for an original license. Licenses may be suspended at
any time by the issuing authority, without prior notice to the licensee,
for failure to comply with these regulations or with the terms of the
license or for other good and sufficient cause.
(b) A suspended licensee shall be entitled to a hearing if he
requests it within 10 days after receiving notice of the suspension. The
hearing, if requested, shall be held by the licensing authority or his
designee within 10 days of the request therefor or within such later
period as may be acceptable to the suspended licensee and the licensing
authority. Upon completion of the hearing, or if no hearing is
requested, the licensing authority shall:
(1) Removal of the suspension;
(2) Extend the suspension for a fixed period; or
(3) Revoke the license.
(c) A former licensee whose license has been revoked is not eligible
to apply for a new license until expiration of a period of 1 year
following the revocation.
Sec. 61.315 Approval of types, concentrations, and manner of use of insecticides and rodenticides required.
Licensees under Secs. 61.311 and 61.312 may use only such
insecticides or rodenticides and only such concentrations thereof and
may employ only such techniques as the Chief of the Sanitation Division
approves, in writing, for each licensee under Sec. 61.311.
Sec. 61.316 Sale of insecticides and rodenticides.
The sale of insecticides and rodenticides is prohibited. This
section does not prohibit pest exterminators who are issued licenses
under Secs. 61.311 and 61.312 from dispensing approved insecticides and
rodenticides in the performance of pest eradication and including the
cost thereof in the charges for the service.
Sec. 61.317 Inapplicability to Government agencies and their officers and employees.
The provisions of this subpart do not apply to agencies or
instrumentalities of the United States or to their officers or employees
who use, handle, dispense, or sell insecticides or rodenticides in the
performance of their official duties.
Sec. 61.318 Inapplicability to military reservations.
The provisions of this subpart do not apply within military, naval,
or air force reservations.
Subparts G-H--[Reserved]
Subpart I--Authority of Governor
Sec. 61.381 Authority of Governor.
The Governor:
[[Page 59]]
(a) May issue health and sanitation regulations respecting (1)
barbers, beauticians and manicurists; (2) examination of food handlers
and the inspection of food-handling establishments; (3) foods and
beverages; and (4) pest extermination; and
(b) Shall administer the provisions of this part.
PART 67--CANAL ZONE POSTAL MONEY ORDERS AND SAVINGS CERTIFICATES--Table of Contents
Subpart A--General Provisions
Sec.
67.1 Authority.
67.2 Scope.
Subpart B--Canal Zone Money Order System
67.11 Scope of the subpart.
67.12 Applicability of Federal postal laws and regulations.
67.13 U.S. Postal Service restrictions.
67.14 Payment.
67.15 General procedures for payment of outstanding Canal Zone money
orders.
67.16 Period of validity.
67.17 Who may receive information.
67.18 Inquiries regarding payment.
67.19 Duplicate money orders; application for payment of mutilated or
lost money orders.
67.20 Acceptance of application for refund payment.
67.21 Money orders recovered after duplicate issued.
Subpart C--Canal Zone Postal Savings System
67.31 Purpose and designation of depository.
67.32 Scope of this subpart.
67.33 Retroactive application.
67.34 Applicability of Federal postal laws and regulations.
67.35 Care and protection of records.
67.36 Interest.
67.37 Payment of postal savings certificates.
67.38 General procedures for payment of postal savings certificates.
67.39 Privacy of accounts.
67.40 Claims.
67.41 Disposal of paid postal savings certificates.
67.42 Replacement of certificates.
67.43 Payment of duplicate certificate.
67.44 Disposition of recovered certificate.
Authority: Sec. 1331, Pub. L. 96-70, 93 Stat. 481; EO 12173, 44 FR
69271.
Source 44 FR 75324, Dec. 19, 1979, unless otherwise noted.
Subpart A--General Provisions
Sec. 67.1 Authority.
The provisions of Chapter 73 of the Panama Canal Code relating to
postal savings deposits, postal savings certificates, postal money
orders and the accounting for funds shall continue to apply for the
purpose of meeting the obligations of the United States concerning
outstanding postal savings and money orders and disposition of funds.
Sec. 67.2 Scope.
The regulations in this part govern the procedures to be followed in
redeeming outstanding Canal Zone postal savings deposits, postal savings
certificates and postal money orders.
Subpart B--Canal Zone Money Order System
Sec. 67.11 Scope of the subpart.
This subpart covers procedures to be followed in the conduct of
payment of outstanding Canal Zone money orders, and accounting for such
transactions.
Sec. 67.12 Applicability of Federal postal laws and regulations.
The provisions of the postal laws of the United States, and of 39
CFR, relating to the payment of outstanding Canal Zone money orders, are
applicable to the Panama Canal Commission, insofar as they are not in
conflict with the provisions of this subpart.
Sec. 67.13 U.S. Postal Service restrictions.
Any restrictions imposed by the United States Postal Service on
payment of United States postal money orders shall apply to outstanding
Canal Zone money orders.
Sec. 67.14 Payment.
(a) Place of payment. Money orders may be paid at the Office of the
Treasurer, Panama Canal Commission, which is authorized to pay
outstanding Canal Zone money orders.
(b) Canal Zone money orders. A money order may be paid at full face
value when presented by the payee, endorsee,
[[Page 60]]
or purchaser, within the period of validity.
Cross Reference: Procedure for payment, see Sec. 67.15. Period of
validity, see Sec. 67.16.
Sec. 67.15 General procedures for payment of outstanding Canal Zone money orders.
(a) Terms of payment. A money order shall be paid at its face value
if presented by the payee, remitter or endorsee.
(b) Examination of order. When a Canal Zone money order is presented
for payment, the Cashier, Office of the Treasurer, shall examine it to
see that:
(1) It is not a form reported stolen.
(2) It is not a counterfeit.
(3) It is properly stamped and drawn by the issuing office.
(4) It does not bear any alterations or erasures.
(c) Machine-issued orders. The money orders issued by the print-
punch machine are payable in the amount printed on and punched in the
order by the machine. The money orders issued by machine are payable in
the amount imprinted by machine, but for no more than the amount stamped
between the words ``Not Valid For More Than'' and the word ``Pay''.
(d) Verification. Verification of an order presented for payment
should be made by Chief, Agents Accounts Branch of the Panama Canal
Commission, prior to payment by the cashier.
(e) Identification--(1) General requirement. If the payee presenting
the money order is not personally known to the cashier, he must prove
his identity.
(2) Identification of payee. Social security cards are not
acceptable. Drivers permits, military identification cards, or other
credential showing signature of bearer and having serial numbers or
other indicia which can be traced to the holder are helpful in
identification. The owner must sign the money order in the presence of
the cashier. The cashier shall compare signature with identification, if
possible, shall enter on the back of the order the license or serial
number and full description of the identification; and shall also
initial the back of the order and an impression of the agent's stamp
will be affixed on the back of the order immediately on payment. This
will aid in apprehending persons attempting forgery or other wrong
payment.
(3) Cashing endorsed money orders. This procedure must be followed
carefully in the case of endorsed money orders, as they might bear a
forged endorsement and be in the hands of the wrong person.
(4) Payment to wrong person. If the cashier has taken proper care
under the circumstances, the Treasurer of the Panama Canal Commission
will recommend that he be relieved of financial responsibility for wrong
payment.
(5) Duties of employees. If a cashier is unable to satisfy himself
that an applicant for payment is the owner of the order, he should bring
the case to the attention of his supervisor or the Treasurer.
(6) Attempts to defraud. Any attempt to defraud should be referred
to the Treasurer by the cashier.
(7) Requirements for signatures, etc.--(i) Signature by mark. If
signature of payee or endorsee is by mark, it shall be witnessed by a
person who can write, and the witness shall be someone other than the
Treasurer or paying cashier.
(ii) Signature different from name on order. Any signature of the
payee consistent with the name given on the order may be accepted by the
paying cashier as sufficient, if he is satisfied that it is the genuine
signature of the payee intended.
(iii) Signature of officer. An order drawn in favor of a public
official or officer of a corporation, company, or association, as such,
may be paid to his successor, if presented by the latter, who, in
receipting for it, shall be required to indicate in writing the capacity
in which he acts, thus: ``William Jones, Treasurer, successor to George
Thompson''.
(iv) When payee is society or corporation. When the payee is a
society or corporation, the person who has authority to receive payment
of money due such payee shall receipt the order in his official
capacity, and if occasion arises, the Treasurer may require satisfactory
proof of such authority.
(v) Stamped signature in receipt. All of the requisite signatures to
a money order--those of payee, endorsee, or witness to payment--shall be
written,
[[Page 61]]
preferably in ink; but a stamped signature may be used in place of the
written signature of payee or agent of payee in receipts on money order
drawn in favor of or made payable to a firm, corporation, association,
society, or individual, if beneath it is written the signature of the
person receiving payment or executing the endorsement. Under no
circumstances may an endorsement be made by means of a perforating
device.
(vi) Signature of agent. The paying cashier shall affix or cause to
be affixed to the signature of the person receiving payment of a money
order any such word or words as may be necessary to explain the right of
such person to collect the amount. For instance, where an order drawn in
favor of a company is paid to its local manager, the word ``Manager''
should appear beneath or opposite his signature to the endorsement.
(vii) Use of titles. The paying cashier shall not insist on the
inclusion or the omission of a title or prefix such as ``Dr.,''
``Rev.,'' ``Prof.,'' ``Madam,'' or ``Mrs.'' in the signature to an
order, whether or not the payee is designated by such title or prefix in
the body of the order.
(viii) Order presented by payee after being endorsed by others. When
an order is presented by the payee for payment, it is immaterial what
endorsements there may be on the order. Payment may be made if the order
is otherwise regular and there is space for the payee to sign his name
on the back of the order on or near the line above the word ``Payee''
and inconsistent or unnecessary signatures or endorsements may be
canceled.
(ix) Substitution by payee or remitter of name written in error. The
payee or the remitter of an order, but no one else, may substitute any
other name for one which he has already written by mistake in the body
of the first endorsement thereon, and payment may be made to the person
whose name has thus been substituted, if the order is regular in other
respects.
(x) More than one payee. Money orders completed by the purchaser to
show more than one firm or person as payee may be paid to any one of
them.
(f) Stolen forms. Money orders issued on stolen forms will not be
accepted as valid vouchers for disbursements.
(g) Procedure where duplicate issued. If upon verification, it is
established that a duplicate has been issued, the cashier to whom the
order is presented shall write across it with ink the words, ``Canceled-
Duplicate Issued,'' and forward the order to the Chief, Agents Accounts
Branch for disposition.
(h) Payment to other than payee--(1) Transfer of money orders--(i)
By purchaser or payee. The payee or the purchaser of a money order may
endorse the order to any other person or firm. A money order may not be
paid to a second person without written transfer or endorsement to him
by the payee or purchaser in the prescribed form on the reverse side of
the order, except as provided by paragraphs (h)(i)(ii) and (iii) of this
section.
(ii) On power of attorney. A person with power or attorney may cash
money orders in behalf of the payee who gave him that authority. The
power of attorney must be filed at the office of payment.
(iii) On separate written order of payee. When the payee has filed
with the Treasurer a separate written order authorizing payment to
another person, and designating that person by name as the one to
receive payment of and to receipt for any specified order, or for all
orders payable by the Treasurer to the payee, that person may cash money
orders on behalf of the payee.
(2) Upon assignment. When a person or firm makes an assignment, and
the assignor intends that money orders payable to him will be paid to
assignee, he should execute a power of attorney to give such written
order separate from the instrument of assignment, to be filed in the
Office of the Treasurer. The person designated to receive payment should
receipt the money order as such, indicating beneath his signature the
capacity in which he acts.
(3) On death of payee. A money order belonging to a deceased
remitter or payee may be paid to the executor or administrator of the
estate appointed by the court. A certified copy of the appointment shall
be filed with the Treasurer. If the estate is small and administration
is not desired, payment
[[Page 62]]
shall be made in accordance with the Panama Canal Code. Whenever a money
order belonging to a deceased remitter or payee is presented for
payment, the Treasurer should be informed and payment therefor withheld
until instructions for payment are received.
Cross Reference: Laws on succession, see 7 P.C.C. 501, et seq.
(4) To concern which has ceased to exist. A money order payable to a
firm, bank, or company which has ceased to exist shall be paid to the
legal representative thereof.
(5) To committee or guardian. When a committee, guardian, or other
person is appointed by a court to act for a person declared incompetent,
money orders shall not be paid to the ward. All money orders showing the
ward as payee or endorsed shall be paid only to the committee, guardian,
or other duly designated person, who shall exhibit to the postmaster the
authority thus to act for the ward. Such money orders shall be receipted
in the name of the ward, followed by the signature and legal designation
of the committee, guardian, or other authorized agent.
(6) To minor. A money order payable to a minor may be paid to the
father or mother thereof as natural guardian, unless legal proceedings
have been instituted which make questionable the claim of the father or
mother, in which case the facts should be reported to the Treasurer.
(i) Discrepancies or alterations. If there is any doubt as to the
particulars on a Canal Zone money order, verification of the order
should be made with Chief, Agents Accounts Branch.
(j) Payment of remitter. A money order presented by the remitter may
be refunded at the Office of the Treasurer upon proper identification.
(k) Payment of order withheld--(1) Invalid orders. Provisions
relating to the payment of invalid Canal Zone money orders are contained
in Sec. 67.16.
(2) Nonpayment because of fraud--(i) Proof. If the purchaser has
proof that the order was purchased because of false representations or
other fraudulent action of the payee, or that the payee is engaged in
conducting a scheme or device for obtaining money fraudulently through
the mails, the purchaser may request the Treasurer to withhold payment.
(ii) Orders forbidding payment. Payment of a money order should not
be made under any circumstances to a specific person or firm when an
order has been issued by the Treasurer forbidding payment of money
orders to such persons or firms.
Sec. 67.16 Period of validity.
As provided by 2 P.C.C. 1142, 76A Stat. 40, money orders issued by
the Canal Zone Postal Service may not be paid after 20 years from the
last day of original issue. Claims for unpaid money orders shall be
forever barred unless received by the Panama Canal Commission Treasurer
within such 20-year period. Special authority shall be obtained from the
Chief, Agents Accounts Branch, to pay or refund a Canal Zone money order
presented after one year from the last day of the month in which it was
issued and prior to the expiration of the 20-year period.
Sec. 67.17 Who may receive information.
Information concerning money order transactions may be given only to
the purchaser, payee, or endorsee, or his agent, or to a representative
of the Agents Accounts Branch, the Office of the Treasurer, and the
Postal Assistance Unit of the Panama Canal Commission.
Sec. 67.18 Inquiries regarding payment.
Inquiries concerning the payment of a money order shall be made to
the Chief, Agents Accounts Branch on PS Form 6401 or by direct
correspondence.
Sec. 67.19 Duplicate money orders; application for payment of mutilated or lost money orders.
(a) Duplicate money orders shall not be issued after September 28,
1979.
(b) A duplicate money order issued prior to September 29, 1979, may
be paid at the Office of the Treasurer.
(c) A duplicate money order is payable only to the payee named
thereon or his endorsee.
(d) An application for payment of a mutilated or lost money order
may be accepted and certified by Chief, Agents Accounts Branch and
honored by the
[[Page 63]]
Treasurer if the mutilated order accompanies the application or the
original money order has been inadvertently destroyed and the person in
whose favor the application is made submits evidence, in the form of
affidavits or otherwise as Chief, Agents Accounts Branch deems
sufficient to establish a valid claim to the original order.
Sec. 67.20 Acceptance of application for refund payment.
(a) An application for refund payment on a money order may be
accepted by the Chief, Agents Accounts Branch.
(b) An application for refund payment of a money order alleged to
have been lost, stolen or destroyed may be accepted only from the
purchaser, or the holder of the purchaser's receipt, and payment shall
be issued if the person in whose favor the application is made submits
evidence in the form of affidavits or otherwise, as the Chief, Agents
Accounts Branch deems sufficient to establish a valid claim to the
original order and the original order has not be been paid.
(c) The complete name and address of the person or firm to whom the
money order was sent, as well as the complete name and last known
address (house number, street, and post office) of the person to whom
the refund payment is to be paid, shall be determined from the applicant
by inquiry.
Sec. 67.21 Money orders recovered after duplicate issued.
When a money order alleged to have been lost comes into the
possession of the remitter, payee, or endorsee thereof after application
for a refund payment has been made, the paying cashier to whom the order
is presented shall notify Chief, Agents Accounts Branch by memorandum.
If a duplicate or refund payment has not been issued in lieu thereof,
the Chief, Agents Accounts Branch, may authorize the payment or refund
of such original order. If upon verification, it is evident that a
duplicate or refund payment has been issued, the cashier to whom the
order is presented shall write across it the words ``Canceled--
Duplicate/Refund Payment Issued,'' and the order shall be sent to Chief,
Agents Accounts Branch for disposition.
Subpart C--Canal Zone Postal Savings System
Sec. 67.31 Purpose and designation of depository.
The postal savings system was established to provide facilities for
the deposit of savings at interest with the security of the United
States Government for repayment. As a result of the discontinuance of
the Canal Zone Postal Service, effective October 1, 1979, the Treasurer
of the Panama Canal Commission has been designated as the sole postal
savings depository.
Sec. 67.32 Scope of this subpart.
This subpart covers the procedures to be followed in the payment of
outstanding postal savings certificates and the accounting for such
transactions.
Sec. 67.33 Retroactive application.
This subpart applies equally to money orders or deposit orders
issued in lieu of postal savings certificates prior to September 29,
1979. Such orders may have been endorsed or were known at various times
as follows:
``Money Order''--``Deposit Money Order'';
``Non-Transferable Deposit Money Order'';
``Non-Transferable--Payable to Depositor Only'';
``Pay Depositor Only at Office of Issue.''
Sec. 67.34 Applicability of Federal postal laws and regulations.
The provisions of the postal laws of the United States, and of 39
CFR, relating to the payment of postal savings certificates, are
applicable to the Panama Canal Commission, insofar as they are not in
conflict with the provisions of this subpart.
Cross Reference: Postal savings system, see 39 U.S.C. 5201 et seq.;
postal savings, see 39 CFR Part 173.
Sec. 67.35 Care and protection of records.
All unpaid stubs and any current postal savings statements, records,
or files relating to unpaid accounts shall be placed and maintained in a
vault or safe when not actually required for an official transaction.
All such records
[[Page 64]]
shall be placed in the vault or safe during alerts or disaster periods.
The Chief, Agents Accounts Branch, shall give this matter his personal
attention and shall be held accountable for the proper protection of the
records.
Sec. 67.36 Interest.
(a) Rate. Postal savings certificates shall bear interest at the
rate of one-half of one percentum for each period of three full months
from the date of issue.
(b) Interest period--(1) ``Three full months''. In computing
interest, the term ``three full months'' shall be considered as follows:
(i) If a certificate was issued on the last day of the month,
interest is due and payable on the last day of the month, regardless of
the number of days in such month, except that:
(A) If the last day of the month falls on a Sunday or holiday,
interest is not payable until the first day of the following month.
(B) If the certificate was issued February 28, interest is due and
payable May 28, August 28, etc. Interest on certificates issued August
31, therefore, would be due and payable November 30, February 28, and
May 31.
(ii) If a certificate was issued other than on the last day of the
month, interest is due and payable three months from the actual date of
issue.
(A) If issued January 15, interest is due April 15.
(B) If issued February 1, interest is due May 1, etc.
(iii) When the computation of interest results in fraction of a
cent, the fraction shall be dropped.
(c) When paid. Interest shall be paid only when the certificate is
paid.
(d) This section applies to all outstanding deposit money orders and
postal savings certificates issued prior to September 29, 1979.
(2 P.C.C. sec. 1134, 76A Stat. 39).
Sec. 67.37 Payment of postal savings certificates.
(a) On demand at Office of the Treasurer. Upon certification by a
designated Agents Accounts Branch representative, postal savings
certificates shall be authorized for payment only to the depositor by
either cash through the Office of the Treasurer of the Panama Canal
Commission or by a Panama Canal Commission check. In the case of a joint
account, the certificates shall be payable to the signature of either of
the depositors or the survivor. To terminate a joint account, all orders
payable to the two persons jointly must be presented and cashed.
(b) In person. The certifcate shall be paid to the depositor on
proper identification and certification by the designated Agents
Accounts Branch representative. Payment may be made by cash only at the
Office of the Treasurer or by a Panama Canal Commission check.
(c) By mail--(1) Requisites. Withdrawals may be made by mail, if the
certificates are properly signed by the depositor and forwarded to the
Chief, Agents Accounts Branch, and he is satisfied as to the identity of
the depositor.
(2) Manner of payment. Payment shall be made by check, which shall
be sent by registered mail. Before mailing the payment, the registry fee
and postage, shall be deducted.
(d) Payment of certificates of deceased depositors--(1) Payment to
representative. After the death of a depositor, certificates in his or
her favor shall be paid to the duly authorized executor or administrator
of the estate or other person only upon the authority of the Chief,
Agents Accounts Branch. When it is known that a depositor has died, the
stubs should be ``flagged'' and held to the credit of the deceased
depositor.
(2) Survivor of joint depositors. After the death of either of two
joint depositors, when a ``Joint Depositor's Agreement'' has been
completed, the certificates remaining unpaid become the sole property of
the survivor and may be paid to the survivor without the authority of
the Chief, Agents Accounts Branch.
(e) Payment of certificates to incompetent depositors. In cases of
mental disability or other legal incompetence of a depositor, the Chief,
Agents Accounts Branch should contact the General Counsel of the Panama
Canal Commission for instructions.
(f) Identification. The person presenting a postal savings
certificate must identify himself before payment is
[[Page 65]]
made. Section 67.15(e) covering payment of money orders, shall govern in
the payment of postal savings certificates.
Sec. 67.38 General procedures for payment of postal savings certificates.
(a) Examination of the certificate. Postal savings certificates
presented for payment must be validated by the designated Agents
Accounts Branch representative prior to effecting payment. The
representative shall examine the certificate and compare it with all
particulars on the post office stub and the list of outstanding
certificates to ascertain if the certificate is valid for payment and if
the certificate is in order. A payment authorization will be prepared
and forwarded to the Office of the Treasurer.
(b) Signatures. The certificate shall be signed by the depositor on
the back in the presence of the Panama Canal Commission cashier who
shall verify all particulars entered thereon. When in doubt, a signature
should be verified with that which appears on the corresponding
application, joint account card or the representative of depositor's
card (Form 2105). The person presenting the certificate must identify
himself before payment is made. If a certificate is paid to the wrong
person through lack of precaution, the paying cashier will be held
accountable for the amount of the certificate.
(c) Interest due--(1) Notation of interest. When a certificate is
paid, the total amount of interest due shall be shown in red ink in the
``Interest'' block of the certificate and stub of the postal savings
certificate. When no interest is paid, a straight line in red ink shall
be drawn across the ``Interest'' blocks. Once the amount of interest is
written on the certificate, no change or alteration shall be permitted.
(2) Errors--(i) Underpayment of interest. If an underpayment of
interest has been made after figures have been entered in the interest
block on a certificate, paying cashier shall receive a payment voucher
Panama Canal Commission Form 5128 for cash payment from the depositor
when the additional amount is paid to him. The payment voucher shall be
returned to Agents Accounts Branch for their office records. Requests
for payment by check shall be accomplished on Panama Canal Commission
Form 3162. The amount of unpaid interest shall not be set aside for the
depositor pending his response to a notice to call, and credit shall not
be taken until the short payment has actually been made to the
depositor.
(ii) Overpayment of Interest. The Chief, Agents Accounts Branch will
establish procedures for the recovery of overpayments.
(d) Date of payment. A clear impression of the Agent's stamp shall
be placed in proper space on back of the certificate and on the back of
the corresponding office stub. The date affixed by the cashier shall be
the actual day of payment.
(e) Initiating paid certificates. The Chief, Agents Accounts Branch
shall establish procedures for identifying paid savings certificates,
specifically as it relates to the original certificates and
corresponding stub.
(f) Issuance of duplicate as precluding payment. The original postal
savings certificate shall NOT be paid under any circumstances if a
duplicate postal savings certificate was issued prior to September 29,
1979.
(g) Filing paid stubs. The stubs of paid certificates shall be filed
in numerical sequence in a file covering the calendar year in which
paid.
(h) Final determination regarding payment. Final determination as to
whether payment has been properly made on postal savings certificates or
other evidences of deposit in the postal savings of the former Canal
Zone Postal Service including duplicates, shall be based upon the
official records of Agents Accounts Branch.
Cross Reference: Rate of interest, see Sec. 67.36.
Sec. 67.39 Privacy of accounts.
Agents Accounts Branch employees shall not disclose the name of any
postal savings depositor nor give information concerning a particular
account to any person other than the depositor himself, without specific
authority from the Chief, Agents Accounts Branch.
[[Page 66]]
Sec. 67.40 Claims.
(a) Dispute as to ownership or claim by another person. When there
is any dispute as to the ownership, or when a claim by a person other
than the depositor is made for payment, the designated Agents Accounts
Branch representative shall withhold payment authorization of
withdrawals from the account involved pending instructions from the
Chief, Agents Accounts Branch.
(b) Limitations on claims. All claims for payment of any postal
savings certificate or other evidence of deposit in the postal savings
system of the former Canal Zone Postal Service issued prior to October
1, 1979, including duplicates, which are shown by the records in the
possession of the Agents Accounts Branch to have been duly paid, shall
be barred if not presented to the Panama Canal Commission within six
years from the date on which such records show that they were paid.
Sec. 67.41 Disposal of paid postal savings certificates.
Postal savings certificates or other evidences of deposit in the
postal savings system of the former Canal Zone Postal Service, including
duplicates, may be disposed of after the expiration of six years from
date payment thereon has been made as shown by the records of the Panama
Canal Commission.
Sec. 67.42 Replacement of certificates.
Duplicate postal savings certificates shall not be issued after
September 28, 1979. A postal savings certificate that is lost, stolen,
destroyed or improperly withheld, shall be paid by cash or check to the
depositor, in accordance with the procedures established by this
subpart.
Sec. 67.43 Payment of duplicate certificate.
A duplicate postal savings certificate issued prior to September 29,
1979 may be paid at the Office of the Treasurer, under the same
conditions governing the payment of the original postal savings
certificate.
Sec. 67.44 Disposition of recovered certificate.
If, after a duplicate postal savings certificate was issued, the
depositor reports that he has found the original certificate, he shall
be instructed to surrender the original certificate. The certificate
surrendered shall be endorsed with the word ``Canceled'' across its face
and retained at Agents Accounts Branch as office records.
PART 70--PROCEDURES FOR CHANGING RULES OF MEASUREMENT OR RATES OF TOLLS--Table of Contents
Sec.
70.1 Scope.
70.2 Definitions.
70.3 Official language.
70.4 Publication of notice.
70.5 Contents of notice.
70.6 Analysis for public use.
70.7 Data filed by interested parties.
70.8 Hearing.
70.9 Hearing panel.
70.10 Notice of appearance; witnesses.
70.11 Conduct of hearing.
70.12 Post-hearing revision.
70.13 Transcript.
70.14 Effective date.
Authority: Sections 1601-1604 and 1801, Pub. L. 96-70, 93 Stat. 489-
492, 22 U.S.C. 3791-3794, 3811; sections 3527 and 3528, Pub. L. 104-106;
EO 12215, 45 FR 36043, 3 CFR, 1981 Comp., p. 257.
Source: 47 FR 8177, Feb. 25, 1982, unless otherwise noted.
Sec. 70.1 Scope.
These regulations establish procedures for prescribing or changing
the rules of measurement of vessels for the Panama Canal and the rates
of tolls that shall be levied for the use of the Canal.
Sec. 70.2 Definitions.
As used in this part:
(a) Board means the nine-member Board of the Panama Canal
Commission, appointed pursuant to section 1102 of the Panama Canal Act
of 1979, Pub. L. 96-70, 93 Stat. 456.
(b) Commission means the Panama Canal Commission.
(c) Hearing means a public proceeding at which interested persons
are afforded an opportunity to participate in rulemaking through
submission of
[[Page 67]]
written data, views or arguments with or without oral presentation.
(d) Panel means the members of the Board of the Panama Canal
Commission, who are designated by the Chairman of the Board to conduct a
hearing in accordance with Sec. 70.9.
(e) Party includes an individual, partnership, corporation,
association, or public or private organization other than an agency of
the United States Government.
Sec. 70.3 Official language.
Hearings, arguments, views, and other data provided for by these
rules shall be in the English language.
Sec. 70.4 Publication of notice.
The Commission shall publish in the Federal Register notice of any
proposed change in the rules of measurement or rates of tolls. Such
notice must be published at least 30 days prior to the date of the
public hearing referred to in Sec. 70.8.
Sec. 70.5 Contents of notice.
The notice referred to in Sec. 70.4 shall include:
(a) The substance of the proposed change;
(b) A statement of the time, place, and nature of the proceedings;
and
(c) A statement of the time by which interested parties must submit
the notices of appearance required by Sec. 70.10.
Sec. 70.6 Analysis for public use.
At the time of publication of the notice referred to in Secs. 70.4
and 70.5, the Commission shall make available to the public an analysis
showing:
(a) The basis and justification for the proposed change, which, in
the case of a change in the rates or tolls, shall indicate the
conformity of the existing and proposed rates of tolls with the
requirements of section 1602 of the Panama Canal Act of 1979; and
(b) The Commission's full consideration of the following factors:
(1) The costs of operating and maintaining the Panama Canal;
(2) The competitive position of the use of the Canal in relation to
other means of transportation;
(3) The interests of the United States and the Republic of Panama in
maintaining their domestic fleets;
(4) The impact of such a change in rates of tolls on the various
geographical areas of each of the two countries; and
(5) The interests of both countries in maximizing their
international commerce.
Sec. 70.7 Data filed by interested parties.
After notice required by Sec. 70.4, interested parties shall be
given the opportunity to participate in the change in the rules of
measurement or rates of tolls through submission of written data, views,
or arguments, which shall be filed with the Secretary of the Commission
within the time prescribed in the notice. Copies of such data or other
materials shall be available for distribution to other interested
parties on payment of the cost prescribed by the Commission.
Sec. 70.8 Hearing.
Interested parties shall have the opportunity to participate in a
hearing which shall be held not less than 30 days after the date of
publication of the notice required by Sec. 70.4. Such hearing shall be
held at the time and place prescribed in the notice. In fixing the time
and place for the hearing, due regard shall be had for the convenience
of the parties and their representatives. Parties appearing at such
hearing may present data supplementary to any material already submitted
by them, or any oral argument or statement concerning the rules of
measurement or tolls, as appropriate. Upon presentation of such
supplementary data, arguments, or statements, the panel may request
further information or clarification.
Sec. 70.9 Hearing panel.
One or more members of the Board shall be designated by the Chairman
of the Board as a panel to conduct the hearing. If two or more members
are so designated, one shall be appointed by the Chairman of the Board
to act as Chairman of the Panel.
[[Page 68]]
Sec. 70.10 Notice of appearance; witnesses.
Interested parties may appear at the hearing in person or by or with
counsel or other qualified representative if notice of that appearance,
including the names and addresses of the parties appearing, is furnished
in writing to the Commission's Secretary within the time prescribed by
the notice of the hearing. Such notice of appearance shall also state
the names and addresses of any witnesses to appear, the capacity in
which they will appear, the place at which they desire to be heard if
hearings are scheduled to be held at more than one place, and the
approximate time requested for the presentation of each witness.
Sec. 70.11 Conduct of hearing.
The panel shall conduct the hearing in an impartial manner. Subject
to applicable statutes and rules, the panel may:
(a) Regulate the course of the hearing;
(b) Administer or require the administration of oaths or
affirmations;
(c) Hold conferences for the settlement or simplification of the
issues by consent of the parties;
(d) Dispose of procedural requests or similar matters;
(e) Exclude irrelevant, immaterial or unduly repetitious material
offered by the parties or witnesses; and
(f) Exclude any party or witness for contumacious or other conduct
which interferes with the proceedings.
Sec. 70.12 Post-hearing revision.
After consideration of the panel's findings and other relevant
matters, the Commission may revise the proposed rules of measurement or
rates of tolls, as the case may be. However, in the case of rates of
tolls, if such revision proposes rates greater than those originally
proposed, the proceedings set out above (making an analysis available to
the public, minimum of 30 days notice, submission of data, hearing,
etc.) shall be repeated. This requirement shall apply to any subsequent
revision which proposes rates higher than those in the preceding
proposal.
Sec. 70.13 Transcript.
A transcript of the proceedings at the hearing(s) shall be made
available to any party on request and payment of the costs prescribed by
the Commission.
Sec. 70.14 Effective date.
Rules of measurement or rates of tolls prescribed by the Commission,
pursuant to Pub. L. 96-70 and these regulations, shall take effect on a
date prescribed by the Commission which is not less than 30 days after
the Commission publishes such rules or rates in the Federal Register.
[47 FR 8177, Feb. 25, 1982. Redesignated and amended at 61 FR 16719,
Apr. 17, 1996]
[[Page 69]]
SUBCHAPTER C--SHIPPING AND NAVIGATION
PART 101--ARRIVING AND DEPARTING VESSELS: VARIOUS COMMUNICATION, DOCUMENTATION, SANITATION AND ADMEASUREMENT REQUIREMENTS--Table of Contents
Sec.
101.1 Signal stations at the Canal entrances.
101.2 Boarding of arriving vessels.
101.3 Definition and functions of the boarding officer.
101.4 Measurement of vessel making maiden transit.
101.8 Vessel anchorage areas.
101.9 Papers required by boarding officer.
101.10 Same; list.
101.13 Entry and departure of vessels.
101.14 Panama Canal waters; definition.
Authority: 22 U.S.C. 3811, E.O. 12215, 45 FR 36043, and 44 U.S.C.
3501.
Source: 46 FR 63175, Dec. 30, 1981, unless otherwise noted.
Sec. 101.1 Signal stations at the Canal entrances.
The Panama Canal Commission maintains established signal stations at
both the Atlantic and Pacific entrances of the Canal. A vessel arriving
at the Canal must communicate with the signal station which is located
at the entrance of the Canal at which that vessel arrives. Vessels
required to be equipped with a radiotelephone pursuant to Part 123 of
this subchapter must, upon arrival, communicate with the appropriate
signal station on Channel 12, 156.000 MHz. All other vessels may use
International Code and flashing light. Such stations are also utilized
to assist in control of traffic within Panama Canal waters.
Cross Reference: See Part 123 for provisions respecting radio
communication by vessels prior to arrival and while they are in Panama
Canal waters.
Sec. 101.2 Boarding of arriving vessels.
(a) Unless otherwise directed, all arriving vessels will anchor in
designated anchorages to await instructions. No person other than
boarding officials of the Panama Canal Commission and the Republic of
Panama may go on board or leave any vessel until such vessel has been
entered by the Commission and where applicable, by the Republic of
Panama.
(b) Arriving vessels that are subject to inspection for compliance
with Panama Canal shipping and navigation regulations will normally be
boarded upon arrival inside the breakwater at the Atlantic entrance of
the Canal or off the seaward end of the dredged, marked channel at the
Pacific entrance. When such vessels are not boarded immediately upon
arrival, they shall anchor in a designated anchorage area and await the
boarding official. Weather and sea conditions permitting, the boarding
of vessels may take place outside of these areas. Boarding will be
performed by a Commission boarding official in accordance with the
procedures established under this part.
(c) Admeasurement functions shall be performed on arriving vessels
either while at anchor or during transit.
[46 FR 63175, Dec. 30, 1981, as amended at 56 FR 55632, Oct. 29, 1991]
Sec. 101.3 Definition and functions of the boarding officer.
(a) Boarding officer means any official or employee of the Panama
Canal Commission who is duly assigned the functions of a boarding
officer, including admeasurement and sanitation.
(b) The Commission boarding officer shall perform the functions of
admeasurer for the purpose of determining Panama Canal tolls and shall
make inspection for the purpose of insuring compliance with Panama Canal
shipping, navigation and sanitation regulations.
Sec. 101.4 Measurement of vessel making maiden transit.
A vessel that arrives after 8 p.m. and is to make her maiden transit
will normally be admeasured on the following day.
[31 FR 12287, Sept. 16, 1966]
[[Page 70]]
Sec. 101.8 Vessel anchorage areas.
The following areas are designated as authorized anchorages within
Canal waters:
(a) Atlantic entrance--(1) Merchant-vessel anchorage. An area to the
west of the Canal channel bounded as follows: Starting at a point ``A'',
located in position 9 deg.21'25" N., 79 deg.55'31" W., and marked by
lighted buoy No. 2, thence 900 yards 270 deg. true to a point ``B''
located in position 9 deg.21'25" N., 79 deg.55'58" W., thence to lighted
buoy ``I'', thence to lighted buoy ``H'', thence due north to a point
``C'' located in position 9 deg.22'07" N., 79 deg.56'41" W., thence
2,800 yards 59 deg. true to a point ``D'' located in position
9 deg.22'50" N., 79 deg.55'29" W., and thence to the starting point. The
line extending due west from the Cristobal Mole through lighted beacon
No. 1 and lighted buoy No. 2 (9 deg.21'25" North) marks the southern
limit of the anchorage area. Except as provided by Sec. 105.3, no vessel
shall pass this line without having been passed by the boarding officer
and without having a Canal pilot on board.
(2) Outside explosive anchorage. An area bounded by a line from
Point A at position 9 deg.23'53" N., 79 deg.56'29" W., thence to Point B
at position 9 deg.24'40" N., 79 deg.56'29" W., thence to Point C at
position 9 deg.24'40" N., 79 deg.57'00" W., thence to Point D at
position 9 deg.23'53" N., 79 deg.57'00" W., thence to Point A.
(3) Inside explosive anchorage. The area included in a rectangle one
thousand yards wide immediately south of the West breakwater, the
rectangle extending 2000 yards along the west breakwater from a point on
the west breakwater one thousand yards from the west breakwater light.
(4) Small-craft anchorage. An area to the east of the Canal channel
bounded as follows: Starting at buoy ``A'', a flashing amber buoy
located in position 9 deg.20'43" N., 79'55'10" W., thence 1075 yards
066 deg. true, through fixed amber lighted buoy ``B'' to fixed amber
lighted buoy ``C'', thence 375 yards 143 deg. true, thence 1760 yards
233 deg. true to the east prism of the Canal channel, thence due north
410 yards to flashing special anchorage buoy ``3'', thence 525 yards
023 deg. true to the starting point at buoy ``A''.
(b) Gatun Lake anchorage. An area immediately east of the Canal
channel line, bounded by a line extending from the south end of the east
wing-wall of Gatun Locks, thence 450 yards 120 deg. true, thence 676
yards 146 deg. true to flashing special anchorage buoy ``A'', thence
1,415 yards 078 deg. true to flashing special anchorage buoy ``1'',
thence 1,199 yards 155 deg. true to flashing special anchorage buoy
``3'', thence 2,314 yards 225 deg. true through special anchorage buoy
``5'' to special anchorage buoy ``7'', thence 901 yards 220 deg. true to
special anchorage buoy ``9'', thence 952 yards 205 deg. true to the
Canal channel line at flashing buoy ``11'', the channel prism line being
the westerly boundary line of the anchorage area.
(c) Pacific entrance--(1) Merchant-vessel anchorage. An area bounded
as follows: Beginning at a point in position 8 deg.51'50" N.,
79 deg.30'00" W., marked by a lighted, whistle buoy which is painted
with alternating black and white vertical stripes and which shows short-
long flashing white light every 8 seconds (i.e., light 0.4 second,
eclipse 0.4 second, light 1.6 seconds, eclipse 5.6 seconds), thence due
east to longitude 79 deg.28'00" W., thence due north to 8 deg.54'31" N.,
thence due west toward Flamenco Island Light to a point 8 deg.54'31" N.,
79 deg.30'46" W., thence southwestward touching the northwest corner of
San Jose Rock to position 8 deg.53'27" N., 79 deg.31'23" W., marked by
canal-entrance lighted buoy No. 2, thence southeastward to the point of
beginning.
(2) Explosive anchorage. An area south of Naos Island bounded on the
east by a line drawn south (true) from canal-entrance lighted buoy No.
1; on the south by a line drawn east (true) from Tortolita Island, and
in the north and west by the curve of 30 foot depth.
(d) If there are any discrepancies between the designated anchorage
areas as described in this section and the anchorage areas described in
paragraph 4 of Annex A of the Agreement in Implementation of Article III
of the Panama Canal Treaty of 1977 and the attachments thereto, the
description in the treaty documents shall govern.
[50 FR 19678, May 10, 1985]
Sec. 101.9 Papers required by boarding officer.
On arrival, there shall be ready for immediate inspection or
delivery, as the case may be, to the boarding officer
[[Page 71]]
the required number of copies of papers concerning tonnage of vessel,
cargo, and such other matters upon which information is necessary, as
are prescribed by Sec. 101.10. The required manifests, lists and
statements shall be sworn to by the Master or agent of the vessel.
Vessels will not be permitted to transit until properly cleared by the
boarding officer. Failure to present the required papers to boarding
officers could result in loss of the vessel's relative position in the
movement schedule and delay in granting the necessary permission to
depart.
(Approved by the Office of Management and Budget under control number
3207-0001)
[46 FR 63175, Dec. 30, 1981, as amended at 50 FR 26991, July 1, 1985]
Sec. 101.10 Same; list.
(a) Documents for Commission Boarding Officer. All documents listed
below shall be ready for immediate delivery to the boarding officer when
he boards the vessel upon each arrival of the vessel at the Canal.
Documents Required
(1) Ship's Information and Quarantine Declaration (Panama Canal Form
4398)--1 copy.
(2) Cargo Declaration (Panama Canal Form 4363)--1 copy.1
---------------------------------------------------------------------------
\1\ Required only if vessel transits Canal.
---------------------------------------------------------------------------
(3) Crew List (Panama Canal Form 1509)--1 Copy
(4) Passenger List (Panama Canal Form 20)--1 copy.
(5) Dangerous Cargo Manifest--1 copy.2
---------------------------------------------------------------------------
\2\ Required only if vessel is carrying packaged, dangerous goods.
---------------------------------------------------------------------------
(6) Loading Plan--1 copy.3
---------------------------------------------------------------------------
\3\ Required only if vessel is carrying dangerous cargo in bulk.
---------------------------------------------------------------------------
(7) Panama Canal Tonnage Certificate--1 copy.1
(8) Ship's plans (general arrangement, engine room, capacity, mid-
ship, etc.)--1 copy.1
(b) Documents for examination only. The following documents shall be
available for inspection by the Commission boarding officer:
(1) Ship's log,
(2) All ship's documents pertaining to cargo, classification,
construction, load lines, equipment, safety, sanitation, and tonnage,
(3) SOLAS certificate, for ships carrying dangerous cargo in bulk,
(4) An International Oil Pollution certificate, for ships carrying
dangerous cargo in bulk, and
(5) Certificates showing compliance with the International
Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978 (STCW), if the nation of registry has implemented the
convention standards. If the nation of registry has not implemented the
STCW convention, then certifications issued or accepted by the registry
nation attesting to the qualifications of officers and crew will be
accepted by the agency. Certification requirements will apply only to
officers and crew responsible for the safe handling of the vessel.
(c) Crew list. For the purposes of additional identification of crew
members, all copies of the crew list required by this section shall
include for each seaman the serial number of his certificate of
identification, continuous discharge book, passport or other
satisfactory identifying documentation. In addition, the given name and
middle initial, as well as the family name, shall be shown for all
seamen.
(d) Passenger list. The passenger list required by this section
shall be in accurate and legible form and shall be delivered to the
boarding officer. The list shall show passengers in alphabetical order.
(e) Dangerous cargo manifest. The dangerous cargo manifest for
vessels carrying packaged dangerous goods, as defined in Sec. 113.2(m)
of this title, shall show the correct technical name, United Nations
number, International Maritime Organization class and division, storage
location, and quantity for each packaged dangerous good carried as
cargo.
(f) Loading plan. The loading plan for vessels carrying dangerous
cargo in bulk, as defined in Sec. 113.2(f) of this title, shall show the
location of cargo tanks or holds and the correct technical name, United
Nations number, International Maritime Organization class and division,
and quantity of dangerous
[[Page 72]]
cargo carried in each cargo tank or hold.
(Approved by the Office of Management and Budget under control number
3207-0001)
[50 FR 19678, May 10, 1985, as amended at 54 FR 37326, Sept. 8, 1989]
Sec. 101.13 Entry and departure of vessels.
(a) An arriving vessel shall be entered at either the Pacific or
Atlantic entrance. A vessel is entered by the Canal Commission
authorities upon the report of the boarding officer and it is not
necessary for the Master to come ashore for that purpose. At the
discretion of the Marine Director, a vessel may be denied entry for
failure to comply with Panama Canal regulations. In certain cases
vessels may be provisionally entered. When provisional entry is granted,
vessels may remain in Canal waters only under the conditions set forth
in the provisional entry. Permission to enter port waters will be given
by the Republic of Panama.
(b) Any vessel that has entered or has provisionally entered the
Canal shall, prior to its departure therefrom, obtain permission from
the Marine Director or designee. Permission to depart shall be issued
only after that official has been satisfied that:
(1) All documents and statistical data required for entry or
provisional entry by the Canal authorities respecting the vessel and its
cargo have been furnished; and
(2) Tolls and other charges for services or supplies furnished by
the Panama Canal Commission have been paid or the payment secured.
[46 FR 63175, Dec. 30, 1981, as amended at 55 FR 11908, Mar. 30, 1990]
Sec. 101.14 Panama Canal waters; definition.
As used in this Subchapter, the term ``Panama Canal waters'' or
``Canal waters'' refers to all waters lying within the Canal operating
area described in Annex A of the Agreement in Implementation of Article
III of the Panama Canal Treaty of 1977 between the United States of
America and the Republic of Panama and depicted in attachments thereto.
PART 103--GENERAL PROVISIONS GOVERNING VESSELS--Table of Contents
Sec.
103.1 Regulations to be kept aboard.
103.2 Denial of passage to dangerous vessel.
103.3 Discovery of defect in vessel during transit or while under way.
103.4 Load and trim.
103.5 Deck load.
103.6 Size and draft limitations of vessels.
103.7 Authority to deny transit.
103.10 Vessels required to be equipped with certain indicators.
103.11 Vessels without mechanical signal system to engine room subject
to delay in transiting.
103.12 Discharge of firearms.
103.13 Firing of salutes.
103.14 Colors and house flags.
103.15 Boarding vessels at anchor or underway.
103.16 Meals to be furnished by vessel in certain cases.
103.17 Boat for handling lines.
103.18 Pilot ladders, hoists and side ports.
103.19 Requirement for pilot shelter platforms.
103.20 Disabling of engines.
103.21 Precautions against emission of sparks, smoke or noxious gases.
103.25 Fishing or placing of nets or other obstructions prohibited.
103.26 Obstructions not to be placed across channels or anchorages.
103.27 Clear view forward from the bridge and steering light
requirement for certain vessels.
103.28 Towing of certain vessels required.
103.29 Anchoring in Panama Canal waters.
103.30 Requirements for all dead tows.
103.32 Engine orders to be recorded.
103.33 Navigation in Gaillard Cut.
103.34 Same; control by Canal Operations Captain.
103.39 Arrow signals; locks.
103.40 Transit schedules; pennants.
103.41 Ships to display schedule number.
103.42 Maneuvering characteristics; data required.
Authority: 22 U.S.C. 3791, E.O. 12215, 45 FR 36043, 3 CFR, 1981
Comp., p. 257.
Source: 46 FR 63176, Dec. 30, 1981, unless otherwise noted.
Sec. 103.1 Regulations to be kept aboard.
All vessels shall keep aboard not less than one copy of the current
regulations contained in Subchapters A, B, and C of this chapter.
Vessels arriving for the first time without such regulations aboard
shall obtain them through
[[Page 73]]
their ships' agent as soon as practicable after arrival.
(Approved by the Office of Management and Budget under control number
3207-0001)
[31 FR 12289, Sept. 16, 1966, as amended at 54 FR 29336, July 12, 1989]
Sec. 103.2 Denial of passage to dangerous vessel.
The Canal authorities may deny any vessel passage through the Canal
when the character or condition of the cargo, hull, or machinery is such
as to endanger the structures pertaining to the Canal, or which might
render the vessel liable to obstruct the Canal, or whose draft, at any
part of the vessel, exceeds the maximum allowable draft in the Canal as
designated from time to time by the Canal authorities.
[31 FR 12289, Sept. 16, 1966]
Sec. 103.3 Discovery of defect in vessel during transit or while under way.
Upon the discovery during transit of the Canal, or at any time while
under way, of any defect in a vessel of such serious nature that it
might interfere with further passage or with her safe navigation, the
vessel shall stop and, if practicable, be anchored or moored at the
first available place. A full report shall be made immediately to the
Canal Operations Captain or his designee by radio or by the best means
available.
[46 FR 63176, Dec. 30, 1981; 47 FR 54072, Dec. 1, 1982, as amended at 55
FR 11908, Mar. 30, 1990]
Sec. 103.4 Load and trim.
(a) A vessel shall not be permitted to transit the Canal if she:
(1) Has a list of more than 10 degrees;
(2) Is so tender or otherwise so loaded as to dangerously affect her
stability or maneuverability; or
(3) Is so trimmed as to dangerously affect her maneuverability.
(b) A vessel having a list of between 3 degrees and 10 degrees, or
which is so loaded or so trimmed as to adversely affect her
manuverability, may be permitted to transit at the discretion of the
Canal Operations Captain or his designee. If such vessel is allowed to
transit, however, it may do so only at its own risk and, to the extent
and in the proportion that such failure to meet the requirements of this
section proximately causes or contributes to a casualty and resulting
damages, the Master of such vessel on behalf of said vessel, her owners,
operators, or any other persons having any interest in her, and for
himself, will be considered to have released the Panama Canal Commission
and the United States from, and to have indemnified them against, any
loss, damage, or liability incurred by the Commission, or the United
States under or in respect to:
(1) Sections 1411 through 1416, inclusive, of Pub. L. 96-70, 93
Stat. 485-87.
(2) Property of the Panama Canal Commission or the United States;
and
(3) Panama Canal Commission employees under the Federal Employees'
Compensation Act, 5 U.S.C. 8101, et seq., or any other employee
compensation system.
The Master of the vessel that fails to meet the requirements of this
section may be required to execute, in the presence of a Commission
official, a form undertaking to release the Panama Canal Commission and
the United States from liability in case of an accident and to indemnify
the Commission and the United States for any damages sustained. The
failure of the Master of a vessel to sign such a form, however, will not
relieve the vessel, her owners, or any other person having an interest
in her from liability incurred as a result of the vessel's failure to
meet the requirements of this section.
(c) Nothing shall be done, or permitted to be done, by the Master or
any member of the crew, which would alter the trim or draft of a vessel
while it is transiting the Canal, without the prior, express approval of
the pilot.
[31 FR 12289, Sept. 16, 1966, as amended at 46 FR 63177, Dec. 30, 1981;
55 FR 11908, Mar. 30, 1990]
Cross Reference: Federal Employees' Compensation Act, see 5 U.S.C.
8102 et seq.
Sec. 103.5 Deck load.
(a) A vessel carrying a deck load shall have it so stowed as to be
sufficiently clear to provide safe working space around all chocks,
bitts, and
[[Page 74]]
other gear used in transiting and so arranged as to not obstruct any
direct lead from chocks to bitts.
(b) Vessels may transit with deck cargo protruding over one side not
to exceed 15.0 feet if the maximum beam, including protrusions, does not
exceed 85.0 feet. Pursuant to section 1411 of Pub. L. 96-70, 93 Stat.
485, however, the Commission may not consider any claim for damages on
account of any injury to such cargo which might be sustained while the
vessel is passing through the locks of the Canal.
Sec. 103.6 Size and draft limitations of vessels.
(a) Definitions as used in this section:
(1) TFW means Tropical Fresh Water of Gatun Lake, density .9954 gms/
cc at 85 deg.F. (Transition to fresh water frequently alters the trim of
large vessels 3" to 4" by the head.)
(2) Published TFW maximum draft means the deepest point of immersion
in Gatun Lake waters as promulgated by the Marine Director, taking into
account the water level of Gatun Lake and other limitations deemed
necessary because of restrictions in the Canal.
(3) Maximum authorized transit draft means the deepest point of
immersion in TFW of a particular vessel authorized at anytime, Gatun
Lake level and Canal restrictions permitting.
(4) Commercial vessel means a self-propelled vessel, other than a
naval, military or other public vessel.
(5) Integrated tug-barge combination means a barge that is
specifically configured to receive a tugboat and with the tug, becomes,
in effect, a single self-propelled unit.
(6) Non-self-propelled vessel means a vessel which either does not
have an installed means of propulsion, or has an installed means of
propulsion which is not functioning during transit.
(7) Barge means a flat-bottomed vessel of full body and heavy
construction without installed means of propulsion.
(b) Maximum authorized transit draft of vessels with draft in excess
of 35 feet, six inches.
(1) Prior to the initial transit of a vessel whose transit draft
will exceed 35 feet, six inches, owners, operators, or agents must
supply in full the information required in paragraph (b)(2) of this
section and request the maximum authorized transit draft for the vessel
(deepest point of immersion TFW) from the Canal Operations Captain or
his designee, no later than two weeks prior to loading of the vessel.
This request will be returned with the approved maximum authorized
transit draft stamped thereon.
(2) The information required by paragraph (b)(1) of this section
shall be submitted in the following format:
Information Needed Prior to Initial Transit Through the Panama Canal
Bilge Information
Name of vessel -------------------- Date ------
Authorized Tropical Fresh Water Load Line ------
Admeasurer ------------ Certified as Correct ------
[Master-Owners--Agents]
(1) ``A''--Half breadth of vessel to the outside of shell ----------
--
(2) ``R''--Radius of turn of bilge (Feet & Inches) ------------
(3) ``DR''--Dead rise at side of vessel (Inches) ------------
[[Page 75]]
[GRAPHIC] [TIFF OMITTED] TC02NO91.000
Note: On an off-center lockage with the vessel touching the lock
wall, the turn of the bilge will clear the lock-wall batters at the most
critical point as shown in the Table of Limiting Drafts, paragraph
(d)(3) of this section.
(c) Draft during initial transit. The initial transit is permitted
at the maximum authorized transit draft. After the initial transit,
unless the vessel's agent or owner is notified of any restrictions
imposed by Canal authorities, this maximum authorized transit draft will
remain in effect.
(d) Minimum transit drafts, measured in salt water--(1) All vessels
transiting the Canal must have sufficient ballast to permit safe
handling during transit. The following are minimum salt water drafts
(TSW) for ships anticipating transit:
------------------------------------------------------------------------
Length Minimum drafts
------------------------------------------------------------------------
Up to 425'................................ Trimmed so pilot can see the
ranges over the forecastle
from center of navigation
bridge.
Over 425' but not more than 475.0'........ 8' forward, 14' aft, TSW.
Over 475' but not more than 525.0'........ 18' forward, 20' aft, TSW.
Over 525' but not more than 580.0'........ 20' forward, 22' aft, TSW.
Over 580' but not more than 625.0'........ 22' forward, 24' aft, TSW.
Over 625'................................. 24' forward, 26' aft, TSW.
------------------------------------------------------------------------
(2) The vessel's drag must not adversely affect maneuverability.
(3) The following table provides the limiting drafts due to bilge
radius:
Table of Limiting Drafts Due To Bilge Radius Contacting Chamber Batters
[Allows for 6-inch thick rubber fenders on lock walls at batter locations]
----------------------------------------------------------------------------------------------------------------
Radius of turn of bilge (feet)
-------------------------------------------------
1 2 3 4 5
----------------------------------------------------------------------------------------------------------------
0"............................................................ 35'8" 36'6" 37'4" 38'2" 39'0"
1"............................................................ 35'9" 35'7" 37'5" 38'3" 39'1"
2"............................................................ 35'10" 36'8" 37'6" 38'4" 39'2"
3"............................................................ 35'10" 36'8" 37'6" 38'5" 39'3"
4"............................................................ 35'11" 36'9" 37'7" 38'5" 39'3"
5"............................................................ 36'0" 36'10" 37'8" 38'6" 39'4"
6"............................................................ 36'1" 36'11" 37'9" 38'7" 39'5"
7"............................................................ 36'2" 37'0" 37'10" 38'8" 39'6"
8"............................................................ 36'3" 37'1" 37'11" 38'10"
9"............................................................ 36'3" 37'1" 38'0" 38'10"
10"........................................................... 36'4" 37'2" 38'0" 38'10"
11"........................................................... 36'5" 37'3" 38'1" 38'11"
----------------------------------------------------------------------------------------------------------------
Example: To find draft of ship having a radius-of-turn-of-bilge of
4'4" read across top of table to column headed 4' thence down column
opposite 4 inches--Read 38'5".
Note: Dead Rise not included in above tabulations and must be added
to above readings.
(4) A vessel whose ballast draft does not meet the minimum draft
requirements established by this section may be accepted for transit on
a regular basis, provided the vessel operator requests permission and
submits the following information to the Marine Bureau of the Panama
Canal Commission: (i) Principal dimensions of the vessel;
[[Page 76]]
(ii) Deepest attainable minimum draft (fore and aft); (iii) Limitations
on visibility fore and aft from the navigation bridge; (iv) Necessary
excerpts from the vessel's plans, drawings and maneuvering data that
relate to the vessel's suitability for transit.
(5) The vessel will be inspected by the Canal authorities upon its
first visit after such a request is made. If the vessel is acceptable
for transit at less than the prescribed minimum draft, the operator will
be notified that transit on a regular basis is authorized provided the
vessel meets the special minimum draft that is specified in the notice.
(6) If the vessel is found not to be acceptable for transit on a
regular basis, a single transit may be authorized, at the discretion of
the Canal authorities, subject to the imposition of any special
conditions that may be required for reasons of safety or continuance of
regular Canal operations.
(e) Maximum length. (1) The maximum length overall, including
bulbous bow, for a commercial vessel acceptable for regular transit is
950.0 feet, except passenger and container ships, which may be 965.0
feet in overall length. In order to insure a safe passage, vessels
exceeding 900.0 feet in overall length, which are transiting the Canal
for the first time or are newly-modified or newly-constructed vessels,
are subject to denial of passage pursuant to Sec. 103.2 and to the
requirement of prior Commission review and approval of vessel plans in
accordance with Canal regulations.
(2) The maximum length for integrated tug-barge combination
acceptable for regular transit is 900.0 feet overall, including the tug.
A tug-barge combination must transit together as one unit, with the tug
supplying the propelling power.
(3) The maximum aggregate overall length for non-self-propelled
vessels acceptable for transit is 850.0 feet, including accompanying
tugs. Accompanying tugs must lock through with the non-self-propelled
vessel.
(f) Maximum beam--(1) The maximum extreme beam for a commercial
vessel and the integrated tug-barge combination acceptable for regular
transit is 106.0 feet.
(2) In the discretion of the Canal Operations Captain or his
designee, commercial vessels, including integrated tug-barge
combinations, having an extreme beam of between 106.0 and 107.0 feet may
be permitted to transit on a one-time basis only if the deepest point of
immersion does not exceed 37.0 feet TFW.
(3) The maximum extreme beam for non-self-propelled vessels (other
than integrated tug-barge combinations) acceptable for transit is 100.0
feet.
(g) Previous approvals and one-time transits. Vessels approved for
regular transit prior to December 20, 1976 whose maximum length or beam
slightly exceed the limits set forth in paragraphs (e) and (f) may
continue to transit on a regular basis. After that date, approval will
not be given for transit of other commercial vessels whose extreme beam
exceeds 106.0 feet by any amount, except for vessels transiting on a
one-time delivery basis.
(h) Release from liability. If a vessel having a beam in excess of
106.0 feet is permitted to transit on a one-time basis, such vessel may
do so only at its own risk and, to the extent and in proportion that
such failure to meet the requirements of this section proximately causes
or contributes to a casualty and resulting damages, the Master of such
vessel, on behalf of said vessel, her owners, operators, or any other
person having an interest in her, and for himself, will be considerd to
have released the Panama Canal Commission and the United States from,
and to have indemnified them against, any loss, damage or liability
incurred by the Panama Canal Commission or the United States under, or
in respect to:
(1) Sections 1411 through 1416, inclusive, of Pub. L. 96-70, 93
Stat. 485-87;
(2) Property of the Panama Canal Commission or the United States;
and
(3) Panama Canal Commission employees under the Federal Employees'
Compensation Act 5 U.S.C. 8101, et seq., or any other employee
compensation system.
The Master of the vessel that fails to meet the requirements of this
section may be required to execute, in the presence of a Commission
official, a form undertaking to release the Panama Canal Commission and
the United
[[Page 77]]
States from liability in case of an accident and to indemnify the
Commission and the United States for any damages sustained. The failure
of the Master of a vessel to sign such a form, however, will not relieve
the vessel, her owners, or any other person having an interest in her
from liability incurred as a result of the vessel's failure to meet the
requirements of this section.
(i) Denial of transit. A vessel shall not be permitted to transit
the Canal under the following circumstances:
(1) When the vessel's maximum point of immersion exceeds its maximum
authorized draft;
(2) When the vessel's maximum point of immersion exceeds the
published FW maximum draft then in effect;
(3) When the length overall, including bulbous bow, exceeds that
stated in paragraph (e) of this section, unless the vessel was approved
for regular transit prior to March 16, 1981; or
(4) When the extreme beam exceeds that stated in paragraph (f) of
this section by any amount, unless the vessel was approved for regular
transit prior to March 10, 1981.
(j) General. (1) Vessels of 100.0 feet beam and over whose list,
trim or handling characteristics are such as to endanger themselves,
Panama Canal appurtenances or a third party, may have such further
limitations placed on them as Canal authorities deem necessary to insure
reasonable safety.
(2) The draft of non-self-propelled barges of 550.0 feet or more in
length may be limited when, in the opinion of Canal authorities, such a
limit is necessary to insure reasonable safety.
(3) Non-self-propelled vessels, other than integrated tug-barge
combinations, will be accepted only on an individual basis; advance
permission for initial transit as a non-self-propelled vessel is
required. Displacement of these vessels is limited to 35,000 tons and
the draft requirements of paragraph (d) of this section are applicable.
Riding crews must be provided in sufficient numbers, as required by the
Canal Operations Captain, to safely handle towboat lines and boarding
ladders, and to assist in mooring.
(4) The numerous constraints affecting the transit schedules of
vessels and tows make it important that information provided in advance
of the initial transit of a vessel include a capacity plan, general
arrangement plans, engine room plans, and whenever possible, a
photostatic copy of national register, load line certificate and Panama
Canal tonnage certificate. This advance information will minimize the
time spent aboard the vessel by Panama Canal officials before
commencement of the initial transit.
(Approved by the Office of Management and Budget under control number
3207-0001)
[46 FR 63176, Dec. 30, 1981; 47 FR 54072, Dec. 1, 1982, as amended at 50
FR 26991, July 1, 1985; 53 FR 12517, Apr. 15, 1988; 55 FR 11908, Mar.
30, 1990]
Sec. 103.7 Authority to deny transit.
A vessel's transit may be denied until, in the opinion of the Canal
authorities, its tenderness, trim, list, draft, cargo, hull, machinery,
and equipment have been put into such condition as will make the vessel
safe for her passage through the Canal. No claim shall be allowed or
considered because of any such delay.
[54 FR 43962, Oct. 30, 1989]
Sec. 103.10 Vessels required to be equipped with certain indicators.
(a) All vessels in excess of 150 feet in length shall be equipped
with properly operating rudder-angle and engine-revolution indicators in
the wheelhouse so located and illuminated as to be readily visible to a
pilot.
(b) All vessels with beams in excess of 80 feet shall be equipped
with properly operating rudder-angle and engine-revolution indicators in
the wheelhouse and on each bridge wing so located and illuminated as to
be readily visible to a pilot.
(c) All vessels in excess of 150 feet in length which are equipped
with variable pitch propellers shall have properly operating pitch
indicators in the wheelhouse so located and illuminated as to be readily
visible to a pilot.
(d) All vessels with beams in excess of 80 feet which are equipped
with variable pitch propellers shall have properly operating pitch
indicators in the wheelhouse and on each bridge wing so located and
illuminated as to be readily visible to a pilot.
[[Page 78]]
(e) Any vessel which fails to meet the requirements of this section
may be denied transit. If the Canal authorities decide that a vessel can
be handled without undue danger to equipment or to personnel,
notwithstanding her failure to comply with other requirements of this
section, and permit her to transit, such vessel may do so only at its
own risk and, to the extent and in the proportion that such failure to
meet the requirements of this section proximately causes or contributes
to a casualty and resulting damages, the Master of such vessel, on
behalf of said vessel, her owners, operators or any other persons having
any interest in her, and for himself, will be considered to have
released the Panama Canal Commission and the United States from, and to
have indemnified them against, any loss, damage or liability incurred by
Panama Canal Commission or the United States under, or in respect to:
(1) Sections 1411 through 1416, inclusive, of Pub. L. 96-70, 93
Stat. 485-87;
(2) Property of the Panama Canal Commission or the United States;
and
(3) Panama Canal Commission employees under the Federal Employees'
Compensation Act, 5 U.S.C. 8101, et seq., or any other employee
compensation system.
The Master of the vessel that fails to meet the requirements of this
section may be required to execute, in the presence of a Commission
official, a form undertaking to release the Panama Canal Commission and
the United States from liability in case of an accident and to indemnify
the Commission and the United States for damages sustained. The failure
of the Master of a vessel to sign such a form, however, will not relieve
the vessel, her owners, or any other person having an interest in her
from liability incurred as a result of vessel's failure to meet the
requirements of this section.
[40 FR 8348, Feb. 27, 1975, as amended at 41 FR 21775, May 28, 1976; 46
FR 63179, Dec. 30, 1981]
Sec. 103.11 Vessels without mechanical signal system to engine room subject to delay in transiting.
(a) A vessel that is not equipped with a properly operating
mechanical system of signals between the pilot house and the engine
room, as recommended under paragraph (b) of this section, is subject to
delay in transiting to the extent the Canal authorities deem necessary
or appropriate in order to minimize, in the light of the type and volume
of Canal traffic and of other factors relating to the safety of Canal
operations, the increased hazards of navigation resulting from failure
of the vessel to be so equipped.
(b) It is recommended that every vessel have a mechanical system of
signals between the pilot house and the engine room. Any such system
should return the engine order to the pilot house. If the signal system
is by bells the vessel should have a tube, of proper size, so arranged
as to return the sound of the bell signals to the pilot house, and
should also be provided with a speaking tube or other device for the
purpose of conversation between the pilot house and engine room. If the
signal system is by engine room telegraph it should be capable of
repeating the order back to the pilot house.
[31 FR 12289, Sept. 16, 1966]
Sec. 103.12 Discharge of firearms.
No firearms of any kind may be discharged from vessels while in
Canal waters, except that authorized salutes by vessels of war will be
permitted by prior arrangement with Canal authorities.
Sec. 103.13 Firing of salutes.
Vessels of war may not fire salutes while at a Commission dock, in
the locks, or in Gaillard Cut.
Sec. 103.14 Colors and house flags.
During daylight, vessels in Canal waters shall display their colors
and house flags.
Sec. 103.15 Boarding vessels at anchor or underway.
Except for members of the Canal boarding party, pilots, Republic of
Panama boarding officials, and agents, in the performance of their
official duties, and such other persons as may be authorized by Canal
authorities, no person, with or without the consent of the Master, may
board a vessel at anchor or underway in the Canal waters.
[[Page 79]]
Sec. 103.16 Meals to be furnished by vessel in certain cases.
Vessels shall furnish meals to Panama Canal pilots without charge
during the ship's regular meal hours and shall furnish a meal to the
pilot between 2200 hours and 0400 hours if the vessel is transiting the
Canal during such hours. In addition, vessels shall provide meals
without charge during the ship's regular meal hours to any other Panama
Canal Commission personnel, other than linehandlers, whose assignment
will require them to be aboard the vessel for four or more hours. If a
vessel is unable to furnish such meals, they may be furnished by the
Panama Canal Commission at the expense of the vessel.
Sec. 103.17 Boat for handling lines.
A vessel shall keep at least one boat ready for lowering, for the
purpose of handling lines.
[31 FR 12289, Sept. 16, 1966]
Sec. 103.18 Pilot ladders, hoists and side ports.
(a) A vessel shall, weather permitting, have both an accommodation
ladder and a pilot ladder rigged and ready for use upon arrival in Canal
waters.
(b) The pilot ladder shall be constructed and rigged in accordance
with Regulation 17, Chapter V, International Convention for Safety of
Life at Sea, 1974, TIAS 9700, except that:
(c) When the distance from the water line to the point of access of
the vessel exceeds nine meters or 30 feet, a combination pilot ladder
and short brow accommodation ladder must be provided for boarding
purposes.
(d) A mechanical pilot hoist may be used for boarding officials and
pilots only at their discretion, and provided that the design and
construction of the hoist and ancillary equipment are in accordance with
Regulation 17, Chapter V, International Convention for Safety of Life at
Sea, 1974.
(e) When a mechanical pilot hoist is used, a ring buoy fitted with a
lifeline and self-igniting light shall be available and ready for
immediate use. The pilot ladder required by Sec. 103.18(a) shall be in
close proximity to the pilot hoist, ready for immediate use but lashed
up so as not to interfere with the pilot hoist.
(f) When the side ports are used for boarding, the minimum vertical
distance between the waterline and the bottom of the side port at any
draft shall be six feet.
Sec. 103.19 Requirement for pilot shelter platforms.
(a) Any vessel that, in accordance with Panama Canal operation
standards, is required to have three or more pilots aboard, shall
provide suitable pilot shelter platforms for the assisting pilots. The
purpose for the pilot platforms is to provide shelters from sun and rain
for pilots working near the bow or the stern of a vessel and to provide
adequate visibility around the locks in order to reduce the danger of
damage. In general, this bow/stern pilot shelter platforms are required
on ships of 190.5 meters (625 feet) or more in length and a beam of 30.5
meters (100 feet) or greater. They may also be required on certain
smaller ships that the Marine Director or his designated representative
determine require three or more pilots. Those vessels requiring shelters
shall provide them for use no later than six months from the effective
date of the final rule.
(b) The following is a sketch of a simplified pilot platform which
is acceptable to the Panama Canal Commission:
[[Page 80]]
[GRAPHIC] [TIFF OMITTED] TC02NO91.001
(c) Each platform is to be erected over the furthest forward point
of the extreme beam at the waterline and not more than six inches from
the vertical plane of shell plating. For vessels of unorthodox design
requiring aft platforms, they shall be erected at a position which is
approximately over the aftermost point of extreme beam at the waterline
and not more than six inches inboard from the vertical plane of shell
plating.
(d) In addition to the pilot shelter platforms required by paragraph
(a) of this section for assisting pilots, all vessels whose extreme beam
is 24.4 meters (80 feet) or more, are required to provide bridge wing
shelters for the protection of control pilots. The following is a sketch
of a bridge wing shelter that is acceptable to the Panama Canal
Commission. Alternate arrangements, including portable shelters, which
provide equivalent or better protection and visibility may be
acceptable.
[[Page 81]]
[GRAPHIC] [TIFF OMITTED] TC02NO91.002
(e) The purpose of the bridge wing shelter is to provide protection
for pilots from sun and rain, while allowing maximum visibility around
the locks. On vessels that have a raised conning station at the edge of
the bridge wing more than 30 centimeters (1 foot) above the deck level,
the height of the awning should be raised accordingly. Awnings are to
extend at least 1.52 meters (5 feet) inboard from the outboard edge of
the bridge wing. Similarly, their fore-and-aft dimension is to be at
least 1.52 meters (5 feet), extending aft from the forward part of the
bridge wing. If ship control equipment (engine, rudder or thruster
controls, etc.) are located on the bridge wings, these
[[Page 82]]
shelters must also extend at least one foot beyond such equipment but
must not extend beyond the outboard edge of the bridge wing.
(f) The awnings indicated in the sketches in paragraphs (b) and (d)
of this section are to be made of suitable material to provide shelter
from sun and rain. The decks of the pilot shelter platforms are to be
made of wood or other material with a non-skid surface.
[46 FR 63176, Dec. 30, 1981, as amended at 54 FR 43962, Oct. 30, 1989]
Sec. 103.20 Disabling of engines.
Except when specifically authorized by the Canal authorities, no
vessel at any dock or mooring within Canal waters shall have its engines
disabled or otherwise rendered inoperative.
Sec. 103.21 Precautions against emission of sparks, smoke or noxious gases.
Vessels in Canal waters shall take all necessary precautions to
avoid the issuance of sparks, excessive smoke, or noxious gases.
Sec. 103.25 Fishing or placing of nets or other obstructions prohibited.
No fishing nets or other obstructions shall be placed in any of the
navigable waters of the Panama Canal. Fishing boats shall not anchor for
the purpose of fishing nor haul nets or trawls in the anchorages or
navigable channels of the Canal. Fishing from small craft in the
anchorages or navigable channels of the Canal is prohibited.
Sec. 103.26 Obstructions not to be placed across channels or anchorages.
No line, pipe, or other obstruction shall be passed across any
channel or anchorage so as to obstruct the passage of vessels.
Sec. 103.27 Clear view forward from the bridge and steering light requirement for certain vessels.
(a) A vessel may not be navigated in Canal waters unless there is a
clear, unobstructed view from the bridge.
(b) All vessels over 100 meters (328 feet) in length shall have
installed, at or near the stem, a steering range equipped with a fixed
blue light which shall be clearly visible from the bridge along the
centerline. If said range and light so placed would be partially or
completely obstructed, then two such ranges and lights must be installed
at an equal distance from the centerline and shall be clearly visible
from the bridge along lines parallel to the keel.
(c) Naval or military vessels exempted from the requirements of Part
111 of this chapter shall also be exempt from the requirements of
paragraphs (b), (d), and (e) of this section.
(d) The light required by this section shall be capable of being
illuminated and extinguished by a suitable control switch located either
on the navigation bridge or on the forecastle deck, or both.
(e) The use of this steering light shall be at the discretion of the
Panama Canal pilot who has control of the navigation and movement of the
vessel.
(f) This section will be effective January 1, 1971.
[35 FR 12274, July 31, 1970, as amended at 46 FR 63181, Dec. 30, 1981;
48 FR 6709, Feb. 15, 1983]
Sec. 103.28 Towing of certain vessels required.
A vessel arriving at an entrance to the Canal and having a mean
draft in excess of that allowed under the Load Line Regulations for the
tropical zone, applicable for the voyage on which the vessel is engaged,
as determined by the American Bureau of Shipping, Lloyd's Register or
other acceptable certifying agency, is required to take the services of
a Panama Canal tug or tugs from the Pacific entrance Channel Buoys 1 and
2 to Gamboa Reach, from the north end of Gatun Locks to Buoy 3 in the
Atlantic harbor, and vice versa. However, in the instances where the
overdraft is negligible, the assignment of a tug or tugs may be waived
at the discretion of the Canal Operations Captain or his designee. Any
vessel without mechanical motive power, or the machinery of which is or
becomes disabled, or which steers badly, or which is liable to become
unmanageable for any reason, shall be towed through the Canal. The Canal
authorities may require any vessel to take a tug or tugs through
Gaillard Cut, in the approaches to the locks, or in any other part of
the Canal, when in their judgment such action is necessary to insure
[[Page 83]]
reasonable safety to the vessel or to the Canal and its appurtenances.
The tug service in any of these cases shall be chargeable to the vessel.
The Master of a vessel which steers badly, or which is liable to become
unmanageable for any reason, shall report such fact and request the
services of a tug.
[46 FR 63176, Dec. 30, 1981, as amended at 55 FR 11908, Mar. 30, 1990]
Sec. 103.29 Anchoring in Panama Canal waters.
No vessel shall anchor within the navigable waters of the Canal in
other than a designated anchorage, except in an emergency, and no craft
shall tie up to any aid-to-navigation in Canal waters.
Sec. 103.30 Requirements for all dead tows.
(a) Preparation for transit. (1) Upon arrival, the tug will break up
the tow and secure the bridle so that no part of it extends below the
surface of the water.
(2) Tows shall have the capability of anchoring.
(3) Tows will be inspected before being scheduled for transit.
(4) Agents, operators and owners will be responsible for making any
required alterations or additions to equipment or stowage.
(5) Boarding facilities will comply with Regulation 17, Chapter V,
International Convention for Safety of Life at Sea, 1974, TIAS 9700.
There must be a clear passage, free of obstructions, from the boarding
facility to all working areas, otherwise, catwalks with handrails and
steps must be provided.
(6) The working area near chocks and bitts on all dead tows must be
clear of obstructions and fitted with safety rails or lines at the
vessel's sides.
(b) Transit requirements. (1) Tows must provide a pilot shelter with
a clear view forward, on the center line, approximately midway between
the bow and stern. This shelter may be permanent or portable, but must
protect the pilot from the elements. All tows with a beam in excess of
79.9 feet shall provide, in addition to the center line shelter, pilot
shelters at the extreme beams from which the pilots may readily view the
vessel's sides.
(2) Dead tows must be equipped with the chocks and bitts as set
forth in Sec. 109.6 of this chapter.
(3) Tows must provide mooring and heaving lines and have mooring
arrangements, and bitts or cleats for securing tugs that do not
interfere with those chocks and bitts required for locomotive wires.
(4) All barges will be fitted so that a pusher tug can be secured
with its stem held firmly to the center line of the barge. Pushing tugs
are to be equipped with wire cable snubbers and springs.
(5) All barges will be required to have portable toilets on board
prior to departure for transit.
Sec. 103.32 Engine orders to be recorded.
(a) Except as provided in paragraph (b) of this section, every
power-driven vessel over 250 feet in length, while navigating in Panama
Canal waters under the control of a Panama Canal pilot, shall maintain a
bridge bell book and an engine room bell book. The bridge bell book
shall consist of a contemporaneous record of each engine order and the
time it is transmitted from the bridge to the engine room. The engine
room bell book shall consist of a contemporaneous record of each engine
order and the time it is received in the engine room.
(b) No vessel is required to maintain any bell books if equipped
with a serviceable automatic device which produces a permanent, legible
record of every engine order transmitted from the bridge and the time of
every transmission, plus the response and time of the response of the
engine room to the engine order.
(c) The bell books and automatic recording referred to in paragraphs
(a) and (b) of this section, the record of an automatic course recording
device, if one is available, and any log books must be surrendered, upon
request, to the pilot or to the Board of Local Inspectors or other Canal
authorities for the purpose of inspection and reproduction.
(Approved by the Office of Management and Budget under control number
3207-0001)
[41 FR 21776, May 28, 1976, as amended at 46 FR 63181, Dec. 30, 1981; 50
FR 26991, July 1, 1985]
[[Page 84]]
Sec. 103.33 Navigation in Gaillard Cut.
No vessel other than a vessel transiting the Canal shall navigate in
Gaillard Cut except with the express prior approval of the Canal
authorities.
[31 FR 12289, Sept. 16, 1966]
Sec. 103.34 Same; control by Canal Operations Captain.
The movement of vessels in Gaillard Cut shall be regulated by the
Canal Operations Captain through Marine Traffic Control, or by such
other persons and through such other stations or facilities as the Canal
authorities may designate.
[46 FR 63176, Dec. 30, 1981, as amended at 55 FR 11908, Mar. 30, 1990]
Sec. 103.39 Arrow signals; locks.
Choice between east and west chambers shall be made by the Locks
Superintendent. Pilots shall stand toward the chamber indicated and
shall comply with the arrow signal unless unsafe to do so.
[GRAPHIC] [TIFF OMITTED] TC02NO91.003
Not ready; lockage cannot take place for some time
[GRAPHIC] [TIFF OMITTED] TC02NO91.004
Not ready; stand off well clear of lock, prepared to approach on signal
[GRAPHIC] [TIFF OMITTED] TC02NO91.005
Locks making preparation, probably be ready in 10 minutes or less; you
may approach with caution, prepared to tie up or enter on right-hand
side on signal
[GRAPHIC] [TIFF OMITTED] TC02NO91.006
Locks making preparation, probably be ready in 10 minutes or less; you
may approach with caution, prepared to tie up or enter on left-hand side
on signal
[GRAPHIC] [TIFF OMITTED] TC02NO91.007
Moor to approach wall near chain on right-hand side
[GRAPHIC] [TIFF OMITTED] TC02NO91.008
Moor to approach wall near chain on left-hand side
[GRAPHIC] [TIFF OMITTED] TC02NO91.009
Enter right-hand side
[GRAPHIC] [TIFF OMITTED] TC02NO91.010
Enter left-hand side
[31 FR 12289, Sept. 16, 1966]