UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

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UNITED STATES OF AMERICA 

UNITED STATES COAST GUARD 

COMPLAINANT, 

vs. 

License No. 886055 (now) 887351 

Issued to: 

JAMES V. MILLER 

Respondent 

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* * Docket No. 99-0235 

* Case No. P A00000646 

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* * DECISION AND ORDER 

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PRELIMINARY STATEMENT 

This proceeding is brought pursuant to the authority contained in the provisions of 

5 USC 552-559; 46 USC, Chapter 77;. 46 CFR Part 5; and 33 CFR Part 20. 

James V. Miller was served with a Complaint by a U.S. Coast Guard Investigating 

Officer, Jason D. Neubauer, of the Marine Safety Office, Morgan City, LA, on 4 ApFil 

2000. The factual allegations are as follows: 

"( 1) The Coast Guard alleges that on September 13, 1999 while 

serving as operator on board the Lady Nita the Respondent 

wrongfully violated Inland Navigation Rule #13 in that he failed to 

keep out of the way of a stand on vessel in an overtaking situation 

resulting in a collision." 

Mr. Miller filed an answer on 17 April 2000 in which he denied the jurisdictional 

and factual allegations of the Complaint. A hearing was proposed to be held at the 
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Marine Safety Office, Morgan City. However, at Mr. Miller's request the hearing was 

held at 1000 on 9 June 2000 at the Marine Safety Office, Mobile, AL, rather than Morgan 

City. Mr. Miller appeared without counsel. He represented himself at the hearing. 

In support of the Complaint the Investigating Officer introduced in evidence the 

testimony of two (2) witnesses: (1) Bradley Leblue, who was operator ofthe M/V Pat 

Salvaggio on 13 September 1999 and who testified in person; and (2) Floyd Arthur Ward, 

who was operator of the M/V Sea Drift on 13 September 1999. Mr. Ward testified by 

telephone as authorized by 46 CPR 5.535(f). 

Also, in support of the Complaint the Investigating Officer offered two (2) 

exhibits. 

I.O. Exhibit No. 1-is a completed Report of Marine Accident 

fonn, CG2692, which was submitted by Mr. Miller. 

I.O. Exhibit No.2- a National Oceanic and Atmospheric 

Administration (NOAA), U.S. Department of Commerce, Nautical 

Chart 11350, Intracoastal Waterway Wax Lake Outlet to Forked 

Island. 

The Respondent did not call any witnesses nor did he produce any documentary 

evidence. 

FINDINGS OF FACT 

1. On 13 September 1999, at approximately 1225, the Respondent was operating the 

towing vessel M/V Lady Nita under authority of a Coast Guard operator's license. 

2. At that time the lead barge of his tow collided with the stem of the towing vessel, 

Pat Salvaggio. 

3. The Pat Salvaggio and the Lady Nita were both west bound in the Gulf 

Intracoastal Waterway with the Lady Nita following the Pat Salvaggio. 
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4. When the Pat Salvaggio approached a bend in the GIWW near mile marker 169 

the operator of the Pat Salvaggio contacted an approaching east bound vessel the 

M/V Sea Drift and agreed to stop prior to reaching the bend in order to allow the 

Sea Drift and its tow safe passage through the tum. 

5. The agreement was made over VHF Chamlel13. 

6. The operator of the Lady Nita. who was the captain of the vessel, also made 

arrangements for a port to port passage with the M/V Sea Drift. 

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7. The Pat Salvaggio stopped and waited for the MV Sea Drift to ~amply with the 

passing arrangements. 

8. The Lady Nita did not stop in accord with the agreement. The Lady Nita under 

control of Mr. Miller continued on its course and speed and ultimately the lead 

barge of his tow collided with the stem oft he MN Pat Salvaggio 

ULTIMATE FINDINGS 

James V. Miller did, on 13 September 1999, while serving as the operator on 

-board the M/V Lady Nina, fail to keep his vessel out ofthe way of a stand on vessel, the 

MN Pat Salvaggio, in an overtaking situation resulting in a collision in violation of 

Inland Navigation Rule #13. 

CONCLUSIONS 

The United States Coast Guard and the Administrative Law Judge have jurisdiction over 

the subject matter of this heating under the provisions of 5 USC 552-559; 46 USC 

Chapter 77; 46 CFR Part 5; and 33 CFR Part 20. 
OPINION 

The above preliminary statement, findings of fact, and conclusions are 

incorporated herein. As heretofore stated, the Respondent did not call any witnesses nor 

did he produce any documentary evidence. He did not testify. He made an unsworn 

statement to the effect that when he relieved the operator of the Lady Nita at 

approximately 12 noon he was not advised of any pre-arranged passing agreements with 

the Pat Salvaggio or the Sea Drift. 

Inland Rule #13 of the Steering and Sailing Rules reads as follows: 

"(a) Notwithstanding anything contained in Rules 4 through 18, any vessel 

overtaking any other shall keep out of the way of the vessel being overtaken. 

(b) A vessel shall be deemed to be overtaking when coming up with another 

vessel from a direction more than 22.5 degrees abaft her beam; that is, in such a 

position with reference to the vessel she is overtaking, that at night she would be 

able to see only the stemlight of that vessel but neither ofher sidelights. 

(c) When a vessel is in any doubt as to whether she is overtaking another, she 

shall assume that this is the case and act accordingly. 

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(d) Any subsequent alteration of the bearing between the two vessels shall p.ot 

make the overtaking vessel a crossing vessel within the meaning of these Rules or 

relieve her of the duty ofkeeping clear of the overtaken vessel until she is finally 

past and clear. 

It must be noted that even if the prior operator of the Lady Nita whom Mr. Miller 

relieved did not advise him of the passing arrangements this would not excuse him of the 

responsibility to steer his vessel clear of the vessel ahead of him. 

The allegations of the Complaint are proved. 

Mr. Miller has a prior record as follows: his license was suspended for two (2) 

months on four (4) months probation on 4 December 1981 at Mobile for allowing a tow 
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under his control to collide with a bridge; and on 1 0 June 1999 his license was suspended 

for two (2) months on twelve (12) months probation at New Orleans for allowing his 

vessel, the MN Mr. Gene, to allide with a fleet in the Lower Mississippi River. 

ORDER 

That license No. 887351 and all other valid licenses, documents, or certificates of 

service issued to you by the United States Coast Guard, or any predecessor authority, 

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now held by you, be and the same, are hereby Revoked. However, the/ revocation order 

shall be reduced to three (3) months outright suspension from the date on which you 

· deposit your license with the Coast Guard, provided you complete a Coast Guard 

approved Rules of the Road course. You are directed to provide copies of a completion 

certificate of the course to the Marine Safety Office, Morgan City, as proof of the 

completion before the end of the three (3) month suspension period. You are directed to 

immediately deposit your license No. 887351 with the Marine Safety Office, 150 N. 

Royal Street, Mobile. 

The rules governing appeals are attached hereto. 

Dated () ~ June 2000 

New Orleans, Louisiana. 

~~·4r ARCHIE R. BOGGS 

Administrative Law Judge 

United States Coast Guard