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COLLINS v. NATIONAL TRANSP. SAFETY BD.

Nos. 02-1298 Consolidated with 03-1001.

351 F.3d 1246 (2003)

Thomas H. COLLINS, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD, Respondent. John Nitkin, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2003.

Attorney(s) appearing for the Case

John S. Koppel, Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, and Robert S. Greenspan, Attorney. Michael E. Robinson, Attorney, U.S. Department of Justice, entered an appearance.

Andrew W. Anderson argued the cause and filed the brief for intervenor.

Before: RANDOLPH, ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

A Coast Guard administrative law judge found that Captain John Nitkin committed misconduct by failing to sound the warning signal — five whistle blasts — required by treaty, specifically Rule 34(d) of the 1972 International Regulations for Preventing Collisions at Sea, 28 U.S.T. 3459 ("COLREGS"), when a collision threatens. The Commandant...

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