UNITED STATES OF AMERICA 

DEPARMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES OF AMERICA 

UNITED STATES COAST GUARD 

Complainant 

Docket Number: 00-0433 

Case Number: PA00001190 

vs. 

ROBERT V. GERENSER 

Respondent 

BEFORE: 

Hon. Joseph N. Ingolia 

Chief Administrative Law Judge 

United States Coast Guard 

ORDER 

This order is issued in accordance with 33 C.P.R. § 20.902(c) which relates to 

oral decisions. The United States Coast Guard brought this administrative action against 

Respondent Robert V. Gerenser under the legal authority codified in 46 U.S.C. § 7703 

and the underlying regulations. In an amended complaint dated July 14, 2000, 

respondent was charged with committing Negligence under 46 C.P.R. § 5.29 and 

Violation of Law or Regulation under 46 C.P.R. § 5.33 while operating a vessel under the 

authority of his Coast Guard license. The factual allegations in support of the complaint 

states that on June 28, 2000 at New Hope, P A: 

1. Respondent negligently operated the M/V H.M.S. SURPRISE without the 

required child size life jackets. 
·GERENSER 2 

2. Respondent negligently operated the M/V H.M.S. SURPRISE in violation of a 

CG-835 that prohibited him from sailing without first notifying the Coast 

Guard of repairs to the port forward canopy extension; 

3. Respondent violated 46 U.S.C. § 3313 by operating the H.M.S. SURPRISE 

without the required number of child size lifejackets and by exceeding the 

permitted number of passengers; and 

4. Respondent violated 46 C.F.R. § 185.506 by failing to provide the required 

passenger safety orientation prior to carrying passengers for hire. 1 

Respondent filed an answer admitting the jurisdictional allegations, and partially 

denied the factual allegations. 

A hearing was conducted in the above captioned matter on October 17, 2000 in 

Philadelphia, PAin accordance with the Administrative Procedure Act, 5 U.S.C. §§ 551-

559, and Coast Guard procedural regulations located at 33 C.F.R. Part 20. Chief Warrant 

Officer Patrick C. Glenn and Lieutenant Mike Kaszuba represented the Coast Guard at 

the hearing. Respondent also appeared at the hearing represented by professional counsel 

JeffreyS. Moller, Esq. 

After opening statements by both sides, the Coast Guard presented the sworn 

testimony of three witnesses and submitted seven exhibits into evidence. Respondent 

also testified at the hearing, but did not offer any exhibits into evidence. At the 

conclusion of the hearing, the undersigned rendered the oral decision and order. 

1 The original complaint dated June 29, 2000 did not charge respondent with failing to provide a safety 

briefing in violation of 46 C.F.R. § 185.506. 
· GERENSER 3 

Respondent was not found to have operated the H.M.S. SURPRISE in violation of 

the CG-835. The evidence indicated that respondent repaired the defect that was the 

subject of the CG-835, but failed to properly notify the Coast Guard of the repair.2 

Although negligence for operating the vessel in violation of CG-835 had not been 

established, the undersigned found that the remaining allegations under the charges of 

Negligence and Violation of Law or Regulation had been established by a preponderance 

of the evidence. More specifically, it was found that respondent had negligently, and in 

violation of 46 C.F.R. § 3313, operated the H.M.S. SURPRISE with an insufficient 

number of child size life jackets. Respondent was also found to have violated 46 C.F .R. 

§ 3313 by not properly conducting a head count of passengers and thereby exceeded the 

number of passengers permitted to be aboard the vessel as established in the vessel's 

Certificate of Inspection and Stability Letter. In addition, the evidence adduced at the 

hearing established that respondent violated 46 C.F.R. § 185.506 by not properly 

providing a passenger safety briefing prior to getting underway. 

Wherefore, 

SANCTION 

IT IS HEREBY ORDERED THAT Merchant Mariner's License Number 

858051 issued to Robert V. Gerenser, and all other Coast Guard licenses, documents, 

certificates and authorization whatsoever, are subject to 3 MONTHS OUTRIGHT 

SUSPENSION commencing on October 17, 2000, and a period of 12 MONTHS 

2 The testimony at the hearing established that on the morning of 28JUNOO, prior to the voyage at issue, 

respondent notified the Coast Guard of repairs to the vessel by leaving a message with the operator or 

telephone attendant at the Marine Safety Office. 
, GERENSER 

PROBATION beginning at the end of the 3 months suspension period. If the 

Respondent is charged with any violations under 46 U.S.C. §§ 7703 or 7704, and those 

charges are found proved during the probationary period, the Respondent's Merchant 

Mariner's License shall be immediately revoked. 

IT IS HEREBY FURTHER ORDERED THAT service of this Order on the 

Respondent or designative representative serves as notice to the Respondent of his right 

to appeal. A copy of the Rights on Appeal is attached to this decision. 

Done and dated this ~day of October 2000. 

Baltimore, Maryland 

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