Judge Joseph Bianco
Clifford had heart surgery in 2009. The Coast Guard denied him a merchant mariner credential with an officer endorsement as master. Stress tests showed the presence of ischemia. By regulation the Coast Guard must ensure that a master credential applicant has no condition posing an inordinate risk of sudden incapacitation. It regards ischemia on a stress test a risk to maritime and public safety. Clifford’s treating cardiologist could not assure the Coast Guard that he did not have an increased risk of incapacitation or death due to ischemia. The court granted the Coast Guard judgment on the pleadings. Based on the extensive, thorough, administrative record there was no basis to disturb its reasonable decision. There was a rational connection between the evidence and the Coast Guard’s decision that Clifford’s heart condition posed an inordinate risk of sudden incapacitation or debilitating complication that could endanger the safety of the public and the maritime environment. The court found presence of a potentially serious heart condition a persuasive reason for withholding a merchant mariner license as a master, a qualification that could place lives in danger if Clifford experienced symptoms of his ischemia while at sea.
