the physical condition of land and chattels are the same as those which determine the negligence of conduct which threatens bodily harm."). 15 . In his affidavit, Captain Haggerty stated in pertinent part: If Mr. Goodridge had been allowed to call me on the radio or by cellphone, I could have communicated with him and learned what he needed. If this had happened, I could have and would have shut off those engines, rigged a Jacobs ladder, and communicated this to him, even if we were nevertheless to be forced off the vessel thereafter. Aff. of Captain Haggerty ¶ 8. 16 . The current version of the Coast Guard Addendum to the United States National Search and Rescue Supplement provides that “SMC's [i.e.. Search and Rescue Mission Coordinator’s] must remain familiar with all S Cir.1978) (<HOLDING>). The new, misguided doctrine promoted by the
holding that the discretionary function does not apply where the decisionmaker lacks authority holding that an agent acting outside his delegated authority is not protected by the discretionary function exception holding that agency action is final  and thus has legal effect  only if taken by officials possessing properly delegated authority recognizing a discretionary function exception to that waiver holding that discretionary function can derive only from properly delegated authority