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Coast Guard Tribute By The "Chairman"

 

For The Record: the Coast Guard is the Military

"Oh, I'm not sure we give our military discount to the Coast Guard."

"What kind of uniform is that? United Airlines? Greyhound?"

Every Coast Guardsman has endured the brunt of some uninformed citizens, so we thought it about time to clarify for our readership what the Coast Guard is and is not.

The Coast Guard is an Armed Force of the United States. See 10 U.S.C. 101 ("The term “armed forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.")

The Coast Guard is also a "Uniformed Service of the United States." See 10 U.S.C. 101 ("The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C)the commissioned corps of the Public Health Service.")

The Coast Guard is NOT in the Department of Defense. By statute, the Coast Guard can be transferred to the Navy. The last time that happened was World War II. For the successive times that the nation has needed Coast Guard resources, individual units were assigned to Combatant Commanders.

The Coast Guard is a federal law enforcement agency. See 14 U.S.C. 89.

The term "Naval Services" and "Sea Services" include the Coast Guard.

Some notable Coastie tidbits:

First ships to circumnavigate North America - Coast Guard cutters STORIS, BRAMBLE and SPAR. http://www.youtube.com/watch?v=Mm2SSvGFT80

Medal of Honor Awardee - Douglas Munro.

Author Alex Haley.

But, Jimmy Buffett never served in the Hooligan Navy.

 

Commissioning - May 20, 1992

Then-Secretary of Transportation Andrew Card presenting a commission to a certain blawger.

Covers in Air, May 20, 1992

On Capsizing, Captains and Coast Guards: Costa Concordia

Please excuse my absence from this blog.  I've been on active duty with the Coast Guard Reserve in Washington and between snow, sleet, and a full email inbox, I've been busy.

Someone forwarded me this video and, although I don't speak Italian, I do understand the international language of military "get-your-butt-in-gear" - speak.

   

 

This incident reminds me of United States v. Holmes which is a very, very old case.  It stands for the proposition that all mariners owe a special duty to passengers.  That special duty, if breached, can give rise to manslaughter charges. 

New Maritime Insurance Case from Seventh Circuit - Egan Marine Corp. v. Great American Insur. Co.

New maritime insurance case from the Seventh Circuit Court of Appeals.  The case involves a pollution insurance policy and coverage for an oil spill following a vessel explosion in Chicago.  The case is Egan Marine Corp. v. Great American Insur. Co., 2011 U.S. App. LEXIS 23369 and the original opinion can be found here.

The facts underlying the original incident are simple.  A barge laden with oil exploded resulting in a salvage and cleanup effort.  An insurance policy provided the insured with coverage for pollution cleanup activities. 

The first part of the opinion addressed the insured's appeal.  The insured was hired by the insurance company to coordinate the cleanup activities at an agreed upon 80% of normal rates, presumably to only pay for costs not profit.  The parties disagreed as to whether the remaining 20% constituted an agreement as to the amount of cost (vs. profit) or whether the carrier had the ability to review and approve only the actual cost.  The opinion continues to analyze the policy language in light of claims for costs after federal liability ended, then briefly discussing a bad faith allegation against the insurer.

On cross-appeal, the insurer argued that its policy only covered the tug vessel and not the barge carrying the oil, ergo no coverage.  The appeals court found that since the barge was not capable of propulsion without the tug, treating them as distinct vessels would lead to a "curious result."  The remaining issues on appeal dealt with specific reimbursements for costs and the oral contract regarding the 20% reduction.

Interesting case involving oil spills and oil pollution policies.  Definitely one to keep handy for mishaps.

APEC 2011 - Security Zones Draw Some Interesting Comments

One nice feature of the digital age is that it increases transparency in government. 

The "docket" for the APEC 2011 Security Zones, as created by the U.S. Coast Guard, has the ability to submit public comments.

Comments so far discuss the impact of the Waikiki security zone on beachgoers, surf schools and the like.

 

APEC 2011 - Waterside Security Zones

I've obtained graphics from www.regulations.gov and have included them below.  The Ala Wai canal one is the old version.  The regulation states that the zone continues to the northeast side of the McCully bridge.

Ocean side Waikiki:

Koolina:

APEC 2011 Security Zones - Graphic Released by Coast Guard

 

Coast Guard Proposes APEC 2011 Security Zones

 
U.S. Coast Guard photo

The U.S. Coast Guard announced its proposed security zones for the upcoming APEC 2011 conference in Waikiki.  The graphic wasn't available yet online, but the temporary zones will include West Waikiki, Ala Wai Boat Harbor and Canal, Ko Olina offshore and East Waikiki. While the safety rules are in place, access to these areas will be restricted to authorized personnel only.

Download the regulation at Federal Register - USCG.