NYCkayaker 5 Boro: Now we need four motor boats

[bob1may at optonline.net]

The regulations are in 33 CFR 100, subchapter Ghttp://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=88a6a1aec9a7b54e3b20037a7e3aa1eb&c=ecfr&tpl=/ecfrbrowse/Title33/33cfrv1_02.tplThe prevailing theme is "safety of life".  The local commander is supposed to ask himself if the event presents "extra or unusual hazards to the safety of life".The local commander is entitled to make "special local regulations" for the event.  The term safety boat is not used in the law.The local commander is entitled to detail active duty CG boats to patrol the event if he deems it necessary for safety.  Apparently this event does not pose sufficient hazard to the safety of life to warrant that.The local commander is entitled to detail active duty CG officers or petty officers to enforce the special local regulations, such officers to be on board private vessels provided by the organizers for the purpose.  Since he apparently hasn't made any plans for officers to ride on the "safety boats", or even apparently made any special local regulations, this event does not seem to pose sufficient hazard to warrant this action.The local commander may also utillize private vessels placed at the disposition of the CG by members of the CG Auxiliary to patrol the course to promote safety, effect rescues and direct traffic.  Again, this legally available action was not taken.  In this case, the vessels have no authority to enforce special local regulations.So where do the captains of the "safety boats" stand?  They have no enforcement authority.  What liability do they have?  They are there at the direction of the CG to provide "safety".  If - God forbid - something tragic were to happen, do you think the CG will stand up to defend them?The more I read the law, the more I believe that imposing a requirement for "safety boats" upon an organizer is an illegal request.Bob----- Original Message -----From: sandy sobanski Date: Tuesday, September 4, 2007 5:16 pmSubject: Re: NYCkayaker 5 Boro: Now we need four motor boatsTo: Erik Baard , nyckayaker > So....Is there some real rules out there? Or-do they just make > the number of motorboats to escort stuff up as they go along?  > What is the story?  Is there some basis to it?> > Erik Baard  wrote: Hi All,>  > Carter Craft of the Metropolitan Waterfront Alliance has kindly > taken up the dialogue. I did question the officer who > communicated this order about the thought process underlying it. > His answers were unsatisfactory. I also noted that the potential > pool of volunteer motorboaters was smaller than usual due to a > concurrent Manhattan Island Foundation swim event. Motors boats > should be a higher priority for the swim event. Unfortunately he > became angry and a bit foul, unlike his predecessor, who was a > reasonable gentleman and a partner to kayaking efforts.>  > We'll work it through though. And maybe he was having a bad > morning? One compromise might be to have one boat on the Harlem > River and three for the crossing of the Upper Bay. >  > The CG must know that its safety mission will be compromised if > by imposing unreasonable demands it drives the kayak community's > group outings underground, or under water, as it were.   :)>  > Salty regards,>  > Erik> > Erik Baard> > http://www.licboathouse.org> http://www.naturecalendar.com> > > > > -------- Original Message --------> Subject: Re: NYCkayaker 5 Boro: Now we need four motor boats> From: bob1may at optonline.net> Date: Tue, September 04, 2007 3:42 pm> To: nyckayaker > > I think a dialog with the CG needs to be established on this.> > >From my quick reading of the CFR, I don't see "safety boats" > mentioned.  To me this seems like an arbitrary requirement that > is outside the CG's power to actually require.> > The CG may establish "special local regulations" required to > "insure the safety of life" during the event.  It is not clear > how any number of private boats, with no regulatory or > enforcement power is to do this.> > The  CG may assign active CG vessels to patrol the event, or CG > auxiliary vessels, or private vessels provided by the event > organizer - in which case a CG officer must be assigne!  d to > each vessel.> > So, at the very least I think you need to respond "Ok, we'll > supply safety vessels.  Where do we pick-up the officers that > you are required to provide per 33 CFR 100.40(b)?"> > Bob> > ----- Original Message -----> From: Erik Baard > Date: Tuesday, September 4, 2007 1:41 pm> Subject: NYCkayaker 5 Boro: Now we need four motor boats> To: nyckayaker > > > > > > Ahoy'all,>  > Now the CG wants four safety boats. Consider this an SOS. This > sudden jump to a requirement of four boats, with a possibility > of a second, is a huge logistical challenge (and yes, I agree > with many of you who will say it's overkill) will stretch us. > Let's meet the challenge!>  > Erik > > Erik Baard> > http://www.licboathouse.org> http://www.naturecalendar.com> > ---------------------------------> > **********************************************************************The NYCKayaker mailing list is hosted by www.rockandwater.net, and is a public service offered to the kayaking community by the Hudson River Watertrail Association. Learn more about HRWA at www.hrwa.org> > To unsubscribe or change delivery options:> http://www.rockandwater.net/mailman/listinfo/nyckayaker > **********************************************************************> The NYCKayaker mailing list is hosted by www.rockandwater.net, > and is a public service offered to the kayaking community by the > Hudson River Watertrail Association. Learn more about HRWA at > www.hrwa.org> To unsubscribe or change delivery options:> http://www.rockandwater.net/mailman/listinfo/nyckayaker> >       > ---------------------------------> Moody friends. Drama queens. Your life? Nope! - their life, your > story. Play Sims Stories at Yahoo! Games. > 
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