Canal Zone waters goes aground, or is wrecked, or is so injured that it is liable to become an obstruction in such waters, or is on fire, the Canal authorities shall have the right to supervise and direct, or to take complete charge of and conduct, all operations which may be necessary to float the vessel, to clear the wreckage, to remove the injured vessel to a safe location, or to extinguish the fire, as the case may be. The Canal authorities may, when necessary, take such action without awaiting the permission of the owner or agent of the vessel, and may require the master of the vessel and all persons under his supervision and control to place the vessel, and all equipment on board, at the disposal of the Canal authorities without cost to the Canal. In the event the vessel is subsequently found and determined to be responsible for the accident or the condition necessitating action by The Panama Canal, the necessary expenses incurred by the Canal in carrying out the provisions of this section shall be a proper charge against such vessel.

§ 4.136a Fires aboard vessels; Port Captain to be in charge. In case of fires aboard vessels, the Port Captain shall be in complete charge for the purpose of coordinating the various Panama Canal or Panama Railroad functions engaged or concerned.

[Reg. 97.1, Regs. Gov., July 26, 1935]

§ 4.137 Penalty for injuring or obstructing Canal. As provided by section 821 of title 5 of the Canal Zone Code, any person who by any means or in any way injuries or obstructs or attempts to injure or obstruct any part of the Panama Canal or the locks thereof or the approaches thereto, shall be punished by imprisonment in the penitentiary for not more than 20 years, or by a fine of not more than $10,000, or by both. And as provided by section 255 of title 5 of the said Code, if any act in violation of the foregoing provisions of this section shall cause the death of any person within a year and a day thereafter, the person so convicted shall be guilty of murder and shall be punished accordingly.

§ 4.138 Liability of vessel for injury to Canal structures or equipment. A vessel, or its owner or operator, shall be held liable for any injury to any structure, plant, or equipment of or pertaining to The Panama Canal when such injury is proximately caused by the negligence

.

or fault of the vessel or its master or crew. No vessel shall make fast, or run any line, to any marker, buoy, beacon, or other aid to navigation; and a vessel shall so navigate as not to strike such aids in passing.

§ 4.139 Spark and smoke hazard. While within Canal Zone waters, vessels shall take necessary precaution to avoid the issuance of sparks or excessive smoke, and vessels shall be held liable for injuries caused by the issuance therefrom of sparks or excessive quantities of smoke.

§ 4.140 Collection of damages from vessel owner. In case of injury to any Canal structure, plant, or equipment occasioned by a vessel under the circumstances specified in §§ 4.138 and 4.139, the matter of damages shall be adjusted by mutual agreement when practicable between The Panama Canal and the owner, agents, or underwriters of the vessel; and in case of disagreement, the vessel or its owner or operator shall be proceeded against in the United States District Court for the District of the Canal Zone.

RADIO COMMUNICATION

SOURCE: $ 4.141a to 4.151 contained in E. O. 8715, 6 F. R. 1531, except as noted following sections affected.

§ 4.141a Radio communication defined. For the purposes of §§ 4.141a4.149, unless the context otherwise requires, the term "radio communication" means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things the receipt, forwarding, and delivery of communications) incidental to such transmission.

§ 4.141b Control by Governor; exercise through Naval Shore Stations. The Governor of the Panama Canal shall, subject to the provisions of this chapter, have entire control of radio communication in the Canal Zone so far as concerns or affects vessels in the harbors and other waters of the Canal Zone or the navigation of such waters, except vessels owned or operated by the United States Army or the United States Navy. In the exercise of such control the Governor may in his discretion utilize the shore radio stations owned by the United States and operated by the Navy De

partment, which stations are referred to as the shore stations.

§ 4.141c Communication by vessels approaching Canal. Vessels approaching the Panama Canal shall communicate by radio to the Port Captain concerned, through the shore station which shall be designated, such information relative to their Canal business as the Governor may prescribe.

§ 4.142 Information required. As soon as radio communication can be established, vessels shall report via the local Government shore radio stations to the Port Captains their names, whether or not they desire to pass through the canal, requirements, probable time of arrival, draft, and any other matters of importance and interest. If this information has been previously communicated to the Port Captain, through agents or otherwise, it will not be necessary to report by radio anything but the probable time of arrival and this shall always be sent to the Port Captain by radio via the local Government shore radio stations at least 48 hours in advance of arrival. Vessels approaching the Canal from the Pacific, in addition to the above, shall report time of passing Cape Mala and the speed being made good. Vessels approaching from the Atlantic, in addition to the above, shall report 12 hours prior to arrival any change of one hour or more from the original expected time of arrival. [Reg. 173.1, Regs. Gov., 13 F. R. 2093]

§ 4.142a Operation of vessel radios in conformity with treaties. While in Canal Zone waters, vessels equipped with radio shall be required to operate such equipment at all times in conformity with the principles and rules stipulated in the treaties or conventions to which the United States is a party.

§ 4.143 Restrictions on vessel radios as to power, testing and tuning. Except as authorized by authority of the Governor, vessels within the fifteen-mile limit of the Canal Zone shall transmit only with low power and shall do no testing or tuning.

§ 4.144 Low power, how defined. Low power, when using a tube set, is defined as not more than 100 watts.

[Reg. 176.1, Regs. Gov., Aug. 1, 1931]

§ 4.145 Radio communication between vessels in Canal Zone and other vessels or places. Except as authorized by authority of the Governor, and except

as regards vessels operated by the United States Army or the United States Navy, all radio communication between vessels in the Canal Zone and other vessels or places whether within or without the Canal Zone shall be carried on by forwarding through the shore station which shall be designated; and, with such exceptions, no vessel in the Canal Zone, or person on board any such vessels, shall do any radio broadcasting, or shall, otherwise than by forwarding through the designated shore station, transmit any radio communication.

§ 4.146 Routing of dispatches. Dispatches from vessels in Canal Zone and adjacent waters shall be forwarded through Balboa Radio Station, call letters NBA.

[Reg. 175.1, Regs. Gov., 9 F. R. 7345]

§ 4.148 Operator on watch during transit. All vessels equipped with radio, except those whose radio equipment has been sealed in Canal Zone waters in accordance with orders issued by competent authority, shall, after leaving the terminal harbor to pass through the Canal, keep a radio operator on watch, on such frequency as the shore stations shall direct, until arrival at the farther terminal harbor: Provided, That in cases where the vessel has only one radio operator serving on board, the radio watch shall be required only while the vessel is under way between Gatun Locks and Pedro Miguel Locks.

§ 4.149 Precedent of messages relative to vessel's movements and Canal business; use of vessel's radio by pilot. Messages relating to a vessel's movements and Canal business shall take precedence over all commercial messages. The pilot on a vessel passing through the Canal shall be afforded free use of the vessel's radio for the transaction of Canal business.

§ 4.150 Immediate report of accidents, delays, or casualties. Under the direction of the pilot, ships shall report by radio to the local Government shore radio stations any accident, either to themselves, or anything else that may delay them or require assistance, any sickness or casualties that require médical attendance, or any other matter of importance that may arise.

[Reg. 176b.1, Regs. Gov., Aug. 1, 1931]

§ 4.151 Radio charges. No receiving charges, either Government coast sta

tion or forwarding, will be imposed against ships on radiograms transmitted by ships on Canal business nor in the cases of dispatches involving medical assistance to ships. There will be no sending charge made against The Panama Canal by Government land lines or radio stations, for the transmission of dispatches to ships on Canal business. [Reg. 176b.2, Regs. Gov., Aug. 1, 1931] VESSEL WASTES; OBSTRUCTIONS IN WATERS

§ 4.152 Discharging vessel wastes into waters. No vessel shall discharge or throw into the waters of the Canal Zone any ballast, ashes, cinders, boxes, barrels, straw, paper, or other solid matter; nor discharge heavy slops, engine or fire room bilge water, oil, or any other matter that will tend to deface or make the waters of the Canal Zone insanitary. This requirement shall not apply to water closet chutes, nor to the water used in cooking or in cleaning tableware. Before arrival from the sea at either of the terminal ports, vessels should get rid of all waste forbidden to be discharged in the Canal Zone waters.

[Rule 177, E. O. 4314, Sept. 25, 1925]

§ 4.153 Handling ballast. Vessels wishing to unload or load ballast must have proper chutes, so arranged as to prevent ballast from falling overboard. [Reg. 177.1, Regs. Gov., Aug. 1, 1931]

§ 4.154 Removing wastes at wharves. No vessel lying at a wharf in the Canal Zone shall place any wastes upon such wharf, but garbage may be placed in the covered galvanized iron cans supplied upon the wharf for that purpose by the Canal authorities. Vessels desiring to remove dry wastes, such as boxes, trash, paper, etc., should make request to the Canal authorities, who will place a dump car alongside to receive such matter. These services are chargable to the vessel.

[Rule 178, E. O. 4314, Sept. 25, 1925]

§ 4.155 Removing wastes when anchored for considerable time. A vessel anchored in Canal Zone waters for a considerable length of time may get rid of vessel wastes by requesting the Canal authorities to place a garbage scow alongside. This service is chargeable to the vessel.

[Rule 179, E. O. 4314, Sept. 25, 1925]

§ 4.156 Nets and other obstructions. No fishing nets or other obstructions shall

be placed in any of the navigable waters of the Canal Zone.

[Rule 180, E. O. 4314, Sept. 25, 1925]

LICENSING OF OFFICERS OF VESSELS

§ 4.157 Classification and licensing of masters, mates, engineers, and pilots. Under the direction of the Governor, the Board of Local Inspectors shall recommend the classification of masters, mates, engineers and pilots of steam and motor vessels navigating the waters of the Canal Zone; and upon such recommendation licenses shall be issued by the Marine Superintendent, or such other officer of The Panama Canal as may be designated by the Governor.

[Rule 157, E. O. 4314, Sept. 25, 1925]

§ 4.158 Term, and suspension or revocation, of licenses. Licenses shall be granted for a term of three years, but may be suspended or revoked upon satisfactory proof of negligence, unskilfulness, intemperance, or other improper conduct. Such suspension or revocation shall be made only after hearing by the Board of Local Inspectors, and by approval of the Marine Superintendent, or such other officer of the Panama Canal as may be designated by the Governor. [Rule 158, E. O. 4314, Sept. 25, 1925]

§4.159 Citizenship of licensees. Licenses for masters, mates, engineers, and pilots may be issued only to persons who are citizens of the United States or the Republic of Panama: Provided, however, That persons now holding licenses for these positions may have such licenses renewed from time to time, upon recommendation of the Board of Local Inspectors.

[Rule 159, E. O. 4314, Sept. 25, 1925]

§ 4.160 Appeal from action refusing license. An applicant for a license as master, mate, engineer or pilot, to whom the Board of Local Inspectors has refused to grant such license has the right of appeal to the Marine Superintendent, or such other officer of The Panama Canal as may be designated by the Governor. Such appeal must be entered within 10 days after the final action of the board. The Marine Superintendent, or such other officer of The Panama Canal as may be designated by the Governor, may modify or set aside the action of the Board of Local Inspectors, in which case he shall certify his ruling to the board for its observance.

[Rule 165, E. O. 4314, Sept. 25, 1925]

PROTECTION OF CANAL AND MAINTENANCE OF ITS NEUTRALITY 3

SOURCE: §§ 4.161 to 4.176 contained in Proclamation 1371, May 23, 1917.

NOTE: For later provisions covering protection of canal and maintenance of its neutrality, see Proclamation 2348, 3 CFR, 1943 Cum. Supp. (neutrality of the United States), Proclamation 2350, 3 CFR 1943 Cum. Supp. (prescribing regulations concerning neutrality in the Canal Zone), Sept. 5, 1939, and Executive Order 8234, Sept. 5, 1939, 3 CFR, 1943 Cum. Supp. (prescribing regulations governing the passage and control of vessels through the Panama Canal in any war in which the United States is neutral).

§ 4.161 Sections 4.161-4.176 as supplement to §§ 4.1-4.160. The provisions embodied in §§ 4.161-4.176 for the regulation, management, and protection of the Panama Canal and the maintenance of its neutrality, are in addition to the general rules for the navigation of the Panama Canal and adjacent waters which are contained in §§ 4.1-4.160.

A

§ 4.162 "Vessel of war" defined. vessel of war, for the purposes of §§ 4.1614.176, is defined as a public armed vessel, under the command of an officer duly commissioned by the government, whose name appears on the list of officers of the military fleet, and the crew of which are under regular naval discipline, which vessel is qualified by its armament and the character of its personnel to take offensive action against the public or private ships of the enemy.

§ 4.163 "Auxiliary vessel” defined. An auxiliary vessel, for the purposes of §§ 4.161-4.176, is defined as any vessel, belligerent or neutral, armed or unarmed, which does not fall under the definition of § 4.162, which is employed as a transport or fleet auxiliary or in any other way for the direct purpose of prosecuting or aiding hostilities, whether by land or sea; but a vessel fitted up and used exclusively as a hospital ship is excepted.

§ 4.164 Passage through Canal of vessel of war or auxiliary vessel of belligerent. A vessel of war or an auxiliary vessel of a belligerent, other than the United States, shall only be permitted to pass through the Canal after her commanding

Relative to the extension of hospitality to belligerent vessels in the waters of the Republic of Panama and the Canal Zone, see Protocol of An Agreement Relating to Neutrality (concluded between the United States and the Republic of Panama, and signed at Washington, October 10, 1914).

officer has given written assurance to the authorities of the Panama Canal that the rules and regulations will be faithfuly observed.

The authorities of the Panama Canal shall take such steps as may be requisite to insure the observance of the rules and regulations by auxiliary vessels which are not commanded by an officer of the military fleet.

§ 4.165 Taking of stores in Canal Zone; transit without delay. Vessels of war or auxiliary vessels of a belligerent, other than the United States, shall not revictual nor take any stores in the Canal except so far as may be strictly necessary; and the transit of such vessels through the Canal shall be effected with the least possible delay in accordance with the Canal regulations in force, and with only such intermission as may result from the necessities of the service.

Prizes shall be in all respects subject to the same rules as vessels of war of a belligerent.

§ 4.166 Receiving fuel or lubricants in Canal Zone; written authorization. No vessel of war or auxiliary vessel of a belligerent, other than the United States, shall receive fuel or lubricants while within the territorial waters of the Canal Zone, except on the written authorization of the Canal Authorities, specifying the amount of fuel and lubricants which may be received.

§ 4.167 Issuance of authorization. Before issuing any authorization for the receipt of fuel and lubricants by any vessel of war or auxiliary vessels of a belligerent, other than. the United States, the Canal authorities shall obtain a written declaration, duly signed by the officer commanding such vessel, stating the amount of fuel and lubricants already on board.

§ 4.168 Amounts of fuel or lubricants; provisions furnished by contractors. Fuel and lubricants may be taken on board vessels of war or auxiliary vessels of a belligerent, other than the United States, only upon permission of the Canal authorities, and then only in such amounts as will enable them, with the fuel and lubricants already on board, to reach the nearest accessible port, not an enemy port, at which they can obtain supplies necessary for the continuation of the voyage. Provisions furnished by contractors may be supplied only upon permission of the Canal authorities, and

then only in amount sufficient to bring up their supplies to the peace standard.

§ 4.169 Embarking or disembarking troops or munitions. No belligerent, other than the United States, shall embark or disembark troops, munitions of war, or warlike materials in the Canal, except in case of necessity due to accidental hindrance of the transit. In such cases the Canal authorities shall be the judge of the necessity, and the transit shall be resumed with all possible dispatch.

§ 4.170 Restrictions as to length of stay in Canal Zone waters. Vessels of war or auxiliary vessels of a belligerent, other than the United States, shall not remain in the territorial waters of the Canal Zone under the jurisdiction of the United States longer than 24 hours at any one time, except in case of distress; and in such case, shall depart as soon as possible.

§ 4.171 Restriction as to number of vessels of a belligerent in Canal Zone waters. In the exercise of the exclusive right of the United States to provide for the regulation and management of the Canal, and in order to ensure that the Canal shall be kept free and open on terms of entire equality to vessels of commerce and of war, there shall not be, except by special arrangement, at any one time a greater number of vessels of war of any one nation, other than the United States, including those of the allies of such nation, than three in either terminal port and its adjacent terminal waters, or than three in transit through the Canal; nor shall the total number of such vessels, at any one time, exceed six in all the territorial waters of the Canal Zone under the jurisdiction of the United States.

§ 4.172 Restrictions on use of repair facilities and docks. The repair facilities and docks belonging to the United States and administered by the Canal authorities shall not be used by a vessel of war or an auxiliary vessel of a belligerent, other than the United States, except when necessary in case of actual distress, and then only upon the order of the Canal authorities, and only to the degree necessary to render the vessel seaworthy. Any work authorized shall be done with the least possible delay.

radio installation of any public or private vessel or of any auxiliary vessel of a belligerent, other than the United States, shall be used only in connection with Canal business to the exclusion of all other business while within the waters of the Canal Zone, including the waters of Colon and Panama Harbors.

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

§ 4.175 Cities of Panama and Colon included in Canal Zone. For the purpose of §§ 4.161-4.176 the Canal Zone includes the cities of Panama and Colon and the harbors adjacent to the said cities.

§ 4.176 Use of Canal denied to vessels of enemy. In the interest of the protection of the Canal while the United States is a belligerent no vessel of war, auxiliary vessel, or private vessel of an enemy of the United States or an ally of such enemy shall be allowed to use the Panama Canal nor the territorial waters of the Canal Zone for any purpose, save with the consent of the Canal authorities and subject to such rules and regulations as they may prescribe.

5.22

5.23

Air transportation; qualification of air carriers and foreign air carriers. Same; bond; terminal facilities. Intra-Canal Zone air commerce and air transportation.