United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
December 3, 2004
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 04-30252
Summary Calendar
TWENTY GRAND OFFSHORE, INC.,
Plaintiff-Counter Defendant-Apellant,
versus
UNITED STATES OF AMERICA,
Defendant-Counter Claimant-Appellee.
Appeal from the United States District Court for
the Western District of Louisiana
(USDC No. 02-CV-1981)
_______________________________________________________
Before REAVLEY, WIENER and BENAVIDES, Circuit Judges.
PER CURIAM:*
The district court correctly upheld the Coast Guard Commandant’s decision as his
interpretation of 46 C.F.R § 4.05-10(b) was not arbitrary or capricious. See Citizens to
Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416, 91 S. Ct. 814, 823-24 (1971). It
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
was not arbitrary or capricious to decide that a three-day delay of the written report failed
to meet the “without delay” requirement of the statute if the written report is to satisfy the
immediate notice requirement in 46 C.F.R. § 4.05-1(a). AFFIRMED.
2