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Grand Canyon Noncommercial River Trip Regulations Are Updated

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#1 ·
GCPBA RiverNews 4/8/2020 - Grand Canyon Noncommercial River Trip Regulations Are Updated

While we have all been coping with the effects of the corona virus spreading across the country, including the suspension of river trips in Grand Canyon, GCPBA has delayed informing you about an important update to the Noncommercial River Trip Regulations issued by the Grand Canyon National Park River Permits Office. The update refers to the required throwable flotation device on each raft 16 feet or more in length as a piece of emergency safety equipment on a boat, to be used in the event of an unexpected swimmer in the river.

Previously, before this recent update, for many years the only device allowed to meet this need was a Coast Guard approved Type IV device, commonly referred to as a throw cushion. We have always felt that a throw cushion did not solve all of the needs a boater could encounter to rescue someone in the river during an emergency. In many situations with a swimmer a throw rope is more useful.

The Park has now issued a changed regulation that requires on boats one of two throwable flotation devices: either a throw cushion or a throw bag with rope. (However, they do not specify a minimum rope length. We recommend it be 75 feet).

GCPBA has worked for many years discussing this requirement with GCNP. We have always believed that the throw cushion has limited effectiveness. It should be one of the rescue equipment options, rather than the only one. All boaters already know the usefulness of a throw rope, and carry at least one on their boats. Oddly, the GCNP regulations had never required that a throw bag with rope be on a boat of any size.

It was a long process to get this change to happen. Interestingly, many at GCNP agreed with us and told us that we had to go through a change of Coast Guard regulations. For that to happen it took congressional action. We now have it. Owners of boats 16 feet or more in length can bring a throw cushion with them only if they want to. The new noncommercial regulation is:

"A throwable flotation device is required for each watercraft that is 16 feet in length and over. This flotation device must be U.S. Coast Guard approved and in serviceable condition. It can be either a Type IV device or a throw-bag and throw-line."

We appreciate that the new regulation require one of the two, rather than both. Oddly, the regulations still don't require either for boats under 16 feet. All boats should have a throw rope bag anyway!

As reference, the regulation previously was:

"A throwable flotation device (U.S. Coast Guard approved, Type IV, in serviceable condition) is required for each watercraft 16 feet in length and over."

Upon resumption of Grand Canyon river trips GCPBA will verify that the rangers at the Lees Ferry launch ramp are aware of this regulation change. They should no longer require seeing a throw cushion when checking that river trip groups have all the required equipment.

Lastly, we remind everyone that a printed copy of the regulations are required on every river trip. Specifically, as stated on the noncommercial river trip permit, "You must bring a paper copy of ALL the following with you on your river trip: this permit, your trip participant list, and the current Noncommercial River Trip Regulations."

GCPBA RiverNews is a service of Grand Canyon Private Boaters Association.
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#2 ·
So good to hear this news, I've always hated carrying that damn cushion, IMHO is completely worthless compared to a throw rope... I do wonder, I looked at my throw ropes and not a one is coast guard approved, and it does state:
"A throwable flotation device is required for each watercraft that is 16 feet in length and over. This flotation device must be U.S. Coast Guard approved and in serviceable condition. It can be either a Type IV device or a throw-bag and throw-line."


Any chance on getting some clarity on this ?
 
#3 ·
The GCPBA Board thought we would provide a little more background on the recent change in the Noncommercial River Trip Regulations issued by the Grand Canyon National Park River Permits Office, which made optional the throw cushion requirement. (April 8, 2020, we reported on this here: Grand Canyon Noncommercial River Trip Regulations Are Updated. Thank you for your comments).

As a result of a 1931 court case, Arizona vs. California (283 U.S. 423), which concerned the apportionment of Colorado River water between the two states, the Colorado River was determined to be a navigable river. Navigable waterways are subject to jurisdiction of the United States (33 CFR § 2.38). To exercise this jurisdiction, the Coast Guard has set minimal federal requirements for recreational boats, including requirements for throw cushions, pfd's, fire extinguishers, hull numbers, lighting requirements for those night floats to Pearce, etc.

The Park Service applies and enforces all applicable Coast Guard requirements for both private and commercial river trips in Grand Canyon – 100 percent. When the Board met with the previous GCNP Superintendent Christine Lenhertz and Matt Vandzura, GCNP chief law enforcement officer, they indicated that the Park was not going to enforce only part of the Coast Guard requirements. A throw cushion was going to be carried if your boat was 16 feet or longer, as specified in the regulations. Some boat owners have brought a measuring tape along to demonstrate, just in case, that their 15-foot, 10-inch-long boat was exempt.

The Frank LoBiondo Coast Guard Authorization Act of 2018 has the following applicable language:

Equipment Requirements; Exemption From Throwable Personal Flotation Devices Requirement.

Pub. L. 115–282, title VIII, §827, Dec. 4, 2018, 132 Stat. 4314 , provided that: "Not later than one year after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall-
"(1) prescribe regulations in part 160 of title 46, Code of Federal Regulations, that treat a marine throw bag, as that term is commonly used in the commercial whitewater rafting industry, as a type of lifesaving equipment; and
"(2) revise section 175.17 of title 33, Code of Federal Regulations, to exempt rafts that are 16 feet or more overall in length from the requirement to carry an additional throwable personal flotation device when such a marine throw bag is onboard and accessible."

As of March 2, 2020, the GCNP noncommercial regulations now state, regarding a throwable flotation device for boats 16 feet or longer, "U.S. Coast Guard approved and in serviceable condition... Type IV device (throw cushion) or a throw-bag and throw-line".

However, although GCNP has made the revision in the noncommercial regulations, the GCPBA Board has learned that the revision has not been formally approved. Until it is, the throw cushion requirement still applies; a proper throw bag with rope as an option will not suffice. It has not been clarified how this discrepancy will be handled at the Lees Ferry equipment check performed by a GCNP ranger. Private boaters have been told for years to follow the regulations as printed. Hopefully, this will be cleared up by the time Grand Canyon river trips resume.

When the throw bag option has its final approval, it would be safe to assume that your throw bag will be carefully inspected. Like your pfd and throw cushion, it better not have any rips or tears. Many of us have had our throw bags for a long time and they’re probably a little beat up, hence the heads up.
 
#6 ·
I always carry the stuff required by Government, but I will use the stuff required and published from the experience, training, and accumulated knowledge of my fellow river runners over the last half-century on the waters. The very real hazards and the apparent hazards are well known, but we need to provide defense against legal, liability, publicity and government hazards as well.