King

ORDER

Facts

This is a wrongful death action under the Federal Tort Claims Act against the United States Forest Service. Plaintiff has dismissed all other defendants. On June 4, 1983, plaintiff’s decedent drowned in the Yuba River while on a rafting expedition run by a rafting company called White Water West. White Water West operated under a permit issued by defendant in 1982. The terms of the permit required the permittee to submit an annual operating plan in which it stated its compliance with various insurance and safety requirements. The permit further specified the season and time of day in which the permittee could operate. Within these parameters, dates and hours of operation were left to the permittee’s discretion. Defendant did not undertake any responsibility to warn the public about river conditions, etc. Defendant’s Forest Service Manual (FSM) sets out its regulatory policy toward permittees. The FSM lists the factors to be taken into account in granting permits. It does not specify any detailed day-to-day scrutiny by defendant of permittees.

Plaintiff’s complaint contains three claims: failure of defendant to regulate properly, failure of defendant to warn…