UNITED STATES OF AMERICA

U.S. DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARI)

UNITED STATES COAST GUARD,

Complainant,

vs,

PEDRO AMAYA,

Respondent.

Docket Number 2023-0135

Enforcement Activity Number 7688833

DEFAULT ORDER

By: Honorable Walter J. Brudzinski. Chief Administrative Law Judqe

Issued: June 9 2023

Appearances:

ERIC A. BAUER

USCG Suspension and Revocation National Center of Expertise

For the Coast Guard

PEDRO AMAYA, Pro se

For the Respondent
ORDER GRANTING COAST GUARD' S MOTION FOR DEFAUL T ORDER

on April 5,2023,the United States coast Guard Suspension and Revocation National

center of Expertise (coast Guard) filed a complaint against pEDRo AMAYA (Respondent)

seeking to revoke his Merchant Mariner Credential (MMC). The Coast Guard alleges

Respondent is a security risk who poses a threat to the safety or security of a vessel or structure

located within or adjacent to the marine environment, as described by 46 U.S.C. g 7703(5). The

Coast Guard further alleges Respondent's conviction under the Texas Penal Code 22.02(a)(l),

Aggravated Assault with a Deadly Weapon, would prevent the issuance or renewal of his MMC,

as described by 46 U.S.C. g 7703(2).

Specifically, on June 3, 2022, the Transportation Security Administration (TSA)

determined Respondent does not meet the security threat assessment standards described in 49

C.F.R. $ 1572.5 and poses an imminent security threat in accordance with 49 C.F.R. $

1572.21(d)(3), thereby revoking his Transportation Worker ldentification Credential (TWIC) in

accordance with 49 C.F.R. $ 1572.5(b). ln aggravation, the Coast Guard argues, Respondent's

ineligibility to possess a TWIC is proof he is not eligible for an MMC, in accordance with 46

C.F.R. $$ l0.l0l and 10.23s(h).

Further, the Coast Guard alleges Respondent violated 46 U.S.C. $ 7703(2) for a

conviction that would preclude the issuance or renewal of his MMC. Particularly, on February 2,

2022, the Texas 36s Judicial District Court convicted Respondent ofviolating Texas Penal Code,

22.02(a)(1), Aggravated Assault with a Deadly Weapon.

The Coast Guard filed its Retum of Service for Complaint on April 10,2023, indicating it

served a copy of said Complaint to Respondent at his residence by express courier. A person of

suitable age and discretion residing at the residence signed for the document on April 7 ,2023. As

2
set forth in the Complaint, Respondent's Answer is due within 20 days ofreceipt in accordance

with 33 C.F.R. $ 20.308. Respondent's Answer was due no later than Apil27,2023.

To date, Respondent has neither filed an Answer nor requested an extension of time to

file an Answer; therefore, the Coast Guard filed its Motion for Default Order (Default Motion)

on May 4, 2023, requesting the Administrative Law Judge (ALJ) issue a Default Order against

Respondent imposing the sanction asked for in the Complaint. The Coast Guard subsequently

filed a Return of Service for the Default Motion showing it served a copy of said Default Motion

to Respondent at his residence by express courier. A person ofsuitable age and discretion

residing at the residence signed for the document on May 8,2023.

Title 33 C.F.R. $ 20.3 l0 provides'1he respondent alleged to be in default shall file a

reply to the motion 20 days or less after service ofthe motion." Respondent's reply was due no

later than May 30,2023.1 To date, Respondent has not filed his reply.

On June 7, 2023, the ALJ Docketing Center assigned this matter to me for review and

adjudication. I have carefu y reviewed this file and find that the applicable provisions of33

C.F.R. $$ 20.310 and 20.304(d) and th) have been complied with and Respondent is in

DEFAULT. Under 33 C.F.R. $ 20.3 l0(c) a default constitutes an admission of all facts alleged

in the Complaint and a waiver ofRespondent's right to a hearing.

Accordingly, I find the violations alleged in the Complaint are PROVED. I have

carefully reviewed the Complaint and the Default Motion and further find the proposed sanction

of revocation is appropriate under the provisions of46 C.F.R. $ 5.569.

I The actual due date wasMay 28,2023,which was a Sunday, and the following day, May 29, 2023, was a Federal

holiday. 33 C.F.R. $ 20.306(aX2).

J
IT IS HEREBY ORDERED that Respondent PEDRO AMAYA's Merchant Mariner

Credential is REVOKtrl,D.

IT IS FURTHER ORDERED that Respondent immediately surrender his MMC to the

Investigating Officer at the United States Coast Guard Suspension and Revocation National

Center of Expertise, 100 Forbes Drive, Martinsburg , Wy 25404. If Respondent knowingly

continues to use his MMC, he may be subject to criminal prosecution.

PLEASE TAKE NOTICE that under 33 C.F.R. $ 20.310(e), for good cause shown, an

Administrative Law Judge may set aside this finding of Default. Respondent may file a motion

to set aside the finding with the ALJ Docketing Center, Baltimore, MD.

PLEASE TAKE FURTHER NOTICE that service of this Order upon Respondent

serves to notify Respondent of his right to appeal assetforthin33 C.F.R. $$20.1001 - 20.1004.

(Attachment A).

Done and dated June 9, 2023

New York. NY

7/,h// s-..#

HON. WALTER J. BRUDZINSKI

CHIEF ADMINISTRATIVE LAW ruDGE

UNITED STATES COAST GUARD

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SANCTION