UNITED S'I'ATES OF AMERICA

U.S. DEPARTNIENT OF HOMELAND SECURITY

UNITED STATES COAST GUARI)

UNITED STATES COAST GUARI)

Complainrnt

vs.

ALAN PHILLIP BILLIOT SR.,

Respondent.

Docket Number 2023-0076

Enforcement Activity tr-umber 762,1076

ADMISSION ORDER

Issued: March 6. 2024

Bv Chief Administrative Law Judqe: Honorable Walter J. Brudzinski

Appearances:

CWO RYAN W. JOHNSON

USCG Marine Safety Unit Lake Charles

For the Coast Guard

ALAN PHILLIP BILLIOT SR., Pra se

For the Respondent
DECISION AND ORDER

The United States Coast Guard Marine Safety Unit Lake Charles (Coast Guard) issued a

Complaint against Alan Phillip Billiot Sr. (Respondent) on March 3, 2023, alleging Respondent

committed an act of negligence while acting under the authority of his Merchant Mariner

Credential (credential). Specifically, the Coast Guard alleges, on October 25,2022, Respondent

had direction and control of towing vessel JESUS SAVES (O.N. 534836), while pushing barges

HBM 008 (O.N. 1306737) and HBM 009 (O.N. 1279370) on the Gulf Intracoastal Waterway

near mile marker 244.

While underway, Respondent allided barges HBM 008 and HBM 009 with the starboard

quarter of the towing vessel ERIC SWENDSEN (O.N. 1292802), while it was grounded along

the south bank of the Gulf Intracoastal Waterway near mile marker 244. Respondent's alliding

of the barges HBM 008 and HBM 009, with the grounded vessel ERIC SWENDSEN raises the

presumption ofnegligence, as described by 46 U.S.C. $ 7703(lXB) and defined by 46 C.F.R. $

5.29. The Coast Guard further argues, in aggravation, Respondent was issued a Warning in Lieu of

Suspension and Revocation on October 21, 2019, for negligence after alliding with a moored vessel

on the Calcasieu River. The Coast Guard proposes a sanction ofthree (3) months of outright

suspension of Respondent's credential.

Respondent filed an Answer dated March 29, 2023, wherein he admits to all

jurisdictional and factual allegations, and agrees with the proposed sanction. He also

completed a Good Faith Deposit on May 18,2023. I note, this matter was assigned to me

for adjudication on February 27,2024, nine months after Respondent completed the

Good Faith Deposit. It appears the Coast Guard could not provide proof of delivery of

the Complaint and was unable to file the documenlation with the ALJ Docketing Center

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due to this clerical issue. However, on February 14,2024, the Coast Guard submitted an

affidavit to support the filing of the Complaint without Proof of Delivery, which certifies

that Respondent received the Complaint. The Coast Guard further advises in an email

dated February 21,2024, Respondent has completed the suspension period, and his

credential has been retumed in accordance with the Good Faith Deposit.

WHEREFORE.

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A

ORDER

IT IS HEREBY ORDERf,D that Respondent's violation of negligence under 46 U.S.C.

$ 7703(lXB) and 46 C.F.R. g 5.29 is PROVED BY ANSWER. I have carefully reviewed the

file and find that the proposed sanction is appropriate under the provisions of46 C.F.R. $ 5.569.

IT IS FURTHER ORDERED that Respondent's Merchant Mariner Credential is

SUSPENDED OUTRIGHT FOR THREE (3) MONTHS, commencing the date it was

deposited with the Coast Guard.r

Done and dated March 6, 2024

New York. NY

Ue./,:1,r.4U.

I-ION. WALTER J, BRUDZINSKI

C}IIEF ADMINISTRATIVE LAW JUDGE

UNITED STATES COAST GUARD

I As stated above, Respondent deposited his credential with the Coast Guard on May 18, 2023. The

suspension period is completed, and Respondent's credential has since been retumed to him in

accordance with the Good Faith Deposit.

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