Re: [PSUBS-MAILIST] BOATING AND WATER USE ACTIVITIES

[Steven Mills <cirtemoeg@juno.com>]

Hello Gordon,

If by evidence you mean what instances of violation forms the basis
for this assertion then what is presented for us is vague and not
entirely
clear.  This part of the CFR also falls indirectly under general
antiquities
regulations, but also  under national security.

In the latter part of last year, there was rumored that terrorists had
planned
to float mines and ROVs rigged with explosives into harbors here.  This
*might* have been the impetus and also the tragic incident with the "USS
Cole".
So part of this falls under home land security.

My concern here is the vagueness of the rule and what is "not apparent".
What is not apparent are the tenacles of other regulations that could be
attached to and/or inferred with this assertion.  There has been a
disturbing
trend in our legal system whereby one can be found innocent of a
transgression,
but found guilty by another reg by another agency ; local, state,
fed....et al.

My purpose [ and I hope others on this forum ] is to keep watch and to
protect pSubbers from over-exuberant and frivolous enforcement. The
assertion thus becomes discretionary at the whim of any park ranger
who "thinks" you are doing something wrong merely by suspicion.  Or
for that matter a citizen who reports you.

Thus far, we as sub builders [ wanna be builders too ] self regulate
ourselves,
follow guidelines, and emphatically stress safety.  I want to see it kept
that
way with little gov't intervention.

Hopefully, I when I can organize this stuff into something sensible, I
will
post it for all of us, including examples of cases and rulings.

Meanwhile, I will repeat my request that if anyone comes across refs'
and regs local to them please post them here or to me offlist.

--Steve

On Thu, 22 Jul 2004 13:41:38 -0500 "gordon alexander" <gordon@curio.com>
writes:
> Does anyone know what the evidence for this assertion is?
> "The threat to the safety of visitors and submerged natural, 
> cultural or historic resources far outweigh any inconveniences to 
> the public that may result from implementation of the regulation."
> 
> Gordon Alexander
> Shakopee, MN
> 
> 
> 
> 
> 
> ----- 
> 
> From: "Steven Mills" <cirtemoeg@juno.com>
> To: <personal_submersibles@psubs.org>
> Sent: Thursday, July 22, 2004 11:15 AM
> Subject: [PSUBS-MAILIST] BOATING AND WATER USE ACTIVITIES
> 
> 
> > 
> > Fed - Regs for National Parks
> > 
> > "Section 3.18 Submersibles"
> > [ scroll down to page 13 ]
> > 
> > 500 Kb file
> > 
> > 
> > PDF] 4312-52 DEPARTMENT OF THE INTERIOR National Park Service 36 
> CFR ...
> > File Format: PDF/Adobe Acrobat - View as HTML
> > Page 1. 4312-52 DEPARTMENT OF THE INTERIOR National Park Service 
> 36 CFR
> > Parts 1, 3 and 7 RIN 1024-AD07 BOATING AND WATER USE ACTIVITIES 
> ... 
> > www.nps.gov/amis/part_three.pdf 
> > 
> > 
> > --Steve
> > 
> > side note :  I'm collecting these regs..  If anyone finds
> > a source for their state and local regulations could you
> > please send the links to me offlist.  This includes regs
> > from outside the US, too.  Thanks.
> > 
> > 
> > ________________________________________________________________
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