Hearing Office Mission: Adjudicate civil penalty cases. The civil penalty process is remedial in nature. Its goals are to 

gain compliance with statutes and regulations the Coast Guard enforces and to deter future violations. A fair and informal 

administrative process promotes maritime safety, security and environmental protection. 

Newsletter Date 

 October 2013 

Coast Guard Hearing Office 

“Hearing Office is our Name, 

Maritime Safety and Security is our Aim” 

Hearing Office is our Name, Maritime Safety and Security is our Aim

Volume 21 

GREETINGS 

From Robert Bruce 

Chief, Coast Guard Hearing Office HEARING OFFICE NEWS 

 Fall has arrived and there is a chill in the air. The 

holiday season is fast approaching and in some areas 

boaters will be decorating their boats with elaborate 

light displays and participating in holiday boat parades. This is generally a busy time for the Coast 

Guard Hearing Office because we will receive many of 

the civil penalty cases generated during the summer 

boating season between now and the end of the year. 

On average, it takes from three to four months or 

more from the date of an alleged violation for a civil 

penalty case to be received at the Hearing Office. In 

many cases, the bulk of that time is spent by the personnel who prepare the cases on attempts to have the 

charged party correct the safety equipment deficiencies for which they were cited when boarded by the 

Coast Guard. If satisfactory proof of the correction of 

the deficiency is provided, the matter will end there 

and the Hearing Office will never see the case. In 

other, more complex cases, the time may be spent collecting evidence and putting together a comprehensive 

case package. 

On average, the Hearing Officers take their preliminary action on civil penalty cases within fourteen days 

of receipt of the case at the Hearing Office. On average, the Hearing Officers take final action between 

ninety and one hundred and five days from receipt of 

the case. Certainly, there are cases that vary quite a 

bit from the averages, but we strive to be fair and to 

dispose of our cases efficiently. 

We appreciate your help in processing cases or responding to our letters in a timely fashion. 

 

In September, the Judge Advocate General signed an 

updated Commandant Instruction on Coast Guard 

Hearing Officer Procedures. The update is available 

at: http://www.uscg.mil/directives/ci/16000-16999/

CI_16200_5B.pdf. The instruction is primarily intended to guide Hearing Officers in the performance 

of their duties in the Coast Guard’s civil penalty process, with an emphasis on being fair and impartial, and 

also affording charged parties their due process 

rights. The instruction is based on the regulations in 

33 C.F.R. Subpart 1.07. In the case of any conflict 

with the instruction, the regulations are controlling. 

Articles in this issue: 

 

CGHO NEWSLETTER ARTICLE INDEX...p. 2 

TESTS TO MEASURE BLOOD ALCOHOL CONCENTRATION...p. 2 

K.N.O.T. ...p. 4 

WHAT’S IN A NUMBER...p. 5 

JUST FOR FUN...p. 6 
Hearing Office is our Name, Maritime Safety and Security is our Aim

Coast Guard Hearing Office Vol: XXI Newsletter Date: October 2013 

2 

Tests to Measure Blood Alcohol Concentration

LCDR Michele Bouziane 

Part 95 of title 33 Code of Federal Regulations 

states that its purpose is: “...to establish under the 

influence of alcohol or a dangerous drug standards 

under 46 U.S.C. 2302 and to prescribe restrictions 

and responsibilities for personnel on vessels inspected, or subject to inspection, under Chapter 

33 of Title 46 United 

States Code. This part 

does not pre-empt enforcement by a State of 

its applicable laws and 

regulations concerning 

operating a recreational 

vessel while under the 

influence of alcohol or a 

dangerous drug...” (33 

CFR § 95.001(a)). The 

regulations in Part 95 speak in terms of Blood Alcohol Concentration (BAC). It may be useful to 

briefly examine the three most commonly used tests 

to determine whether a person is under the influence 

of alcohol and compare what they can deliver in 

terms of BAC. 

Blood test

A blood test is generally considered to be the most 

accurate measure of BAC. A blood test also: is invasive; requires a trained health professional to 

withdraw the subject’s blood; poses particular challenges regarding “chain of custody” of the blood 

sample; and costs more to process the results. 

Breath Test

A breath test is the next best measure of BAC, in 

terms of accuracy. A properly calibrated machine 

calculates how much alcohol is in a portion of exhaled air. The Alco-Sensor IV Operator’s Manual 

(Continued on page 3) 

Hearing Office Newsletter Article Index

CDR Scott Klinke 

Prior to this newsletter, we have published 20 newsletters which contain many informative articles intended for both Coast Guard units and the mariner. 

These articles were written to: increase the transparency of the hearing office process and procedures; identify and discuss common issues found in 

civil penalty case files; and clarify regulations/ laws 

we commonly encounter to foster proper enforcement and compliance. We provide this information 

in furtherance of our overall mission objective: to 

gain mariner compliance, and to deter future occurrences of violations of applicable federal statutes or regulations. 

Even though some of these newsletters are a few 

years old, the information contained within them is 

still relevant and worth a read or a re-read. Reading 

them and putting their principles into practice will 

potentially save both the mariner and the unit time, 

money, and a lot of unneeded frustration. 

In an effort to make this information more accessible, we have created a Hearing Office Newsletter 

Article Index which outlines the major articles contained in each of the newsletters. This index is 

available on our website at the top of the Coast 

Guard Hearing Office News page - http://

www.uscg.mil/legal/cgho/CGHO_News.asp. Clicking on the volume number will link you to that 

newsletter. 

* * * * * * * *
Hearing Office is our Name, Maritime Safety and Security is our Aim

Coast Guard Hearing Office Vol: XXI Newsletter Date: October 2013 

 3 

breath is drawn onto the upper surface of the cell, and alcohol is subsequently converted to acetic acid and 

electrons 

are released. A 

signal is 

generated 

on the fuel 

cell as a 

result of 

the oxidation of any 

alcohol 

from the 

breath 

sample. 

The resulting electric current is translated into a Breath or Blood concentration of alcohol and digitally displayed on the Alco-Sensor IV. 

If there is no alcohol present in the 

breath sample, no oxidation will occur. Because no electrons will be 

released, no current will be generated 

and the result displayed will be a 

zero reading. 

The Alco-Sensor IV fuel cell responds to alcohol in the human 

breath. It will not respond to acetone 

which may be found in the breath of 

a diabetic, dieter or highly exercised 

individual. In fact, it has no significant cross sensitivity to any known 

substance that might be found in a 

living human subject after a 15-

minute deprivation period... 

Urine Test

Although BAC can be calculated from a urine test, 

alcohol in a urine sample is less directly related to 

BAC at any particular time than a blood or breath 

(Continued on page 4) 

explains how the body metabolizes alcohol (2005 

edition, p. 3): 

... 

Absorption 

Once the alcohol reaches the upper 

intestine it passes into the bloodstream rapidly. Alcohol is then absorbed into all body tissues. Because 

of its affinity to water, alcohol can be 

found in blood, urine, saliva and any 

other body tissue that contains water. 

Accumulation 

The liver oxidizes alcohol: this oxidation creates body energy. The 

body metabolizes (converts to energy) alcohol at a rate of approximately an average drink per hour. 

Because the body metabolizes alcohol at a fixed rate, ingesting alcohol 

at a rate higher than an average drink 

per hour [Average drink = 1.5 ounces 

of 80 proof spirits or, 6-7 ounces of 

table wine (9% alcohol by volume) 

or a 12 ounce glass of beer (5% alcohol by volume] results in a cumulative effect - increasing blood alcohol 

concentration. 

The manual describes Alco-Sensor operation thus: 

Theory and Design of the Alco-Sensor IV 

The Alco-Sensor IV contains a fuel 

cell sensor and an electrically operated piston sampling pump. The fuel 

cell is a porous disk coated with a 

thin layer of platinum black on both 

faces and saturated with an electrolyte. The cell is supported at its 

outer edge in the fuel cell case. 

While a subject is blowing and when 

deep lung breath is reached the piston sampling pump is activated. A 

small, fixed volume of deep lung 

(Continued from page 2) 
Hearing Office is our Name, Maritime Safety and Security is our Aim

Coast Guard Hearing Office Vol: XXI Newsletter Date: October 2013 

4 

K.N.O.T. 

(Knowledge Note or Tip) 

We have often emphasized in 

this newsletter the need for 

proofreading and for having a second pair of eyes 

review Enforcement Summaries for spelling and 

grammatical errors, etc. 

 

Whether it’s the result of a failure to proofread, or 

use of the AutoCorrect feature of Word, some entries in Enforcement Summaries are amusing. In 

some cases, the authors have made up new words. 

Below are some excerpts from recent case files. 

Identify the incorrect word or words in each sentence. Then consider what would be the most appropriate replacement word/s. 

 

“The owner was very questionative about the process...” 

“Operator was corruptive with the CG Boarding Officers.” 

“Seas were less than one foot, air temperature 70F, 

and approximant water temperature 70F.” 

“Mr. [party’s name] was very receptive and understating to the circumstances.” 

“The PWC was stopped with vessel inspection perfumed.” 

“The OIC concurred with the dissection to go and 

find the [vessel’s name] and assist it.” 

“The Sheriff’s Deputy asked [party’s name] if this 

was a expectable risk to take...” 

“Operator deliberitely fleed from USCG assets.” 

“...Mr. [name] has been previously deported due to 

drug charges and has had his residence receded...” 

 

 * * * * * * * *

test. One reason is because the amount of alcohol in 

the bladder changes with the accumulation of urine. 

Another reason is that heavier drinkers develop a 

“tolerance” to alcohol, and can metabolize and excrete alcohol more quickly than light or nondrinkers. 

To get a better picture of the amount of alcohol in 

the blood, therefore, most law enforcement officials 

will insist that a subject: take one urine test to void 

the bladder; wait 20 minutes; and then take a second 

urine test. Computations are then performed to arrive at a comparable BAC. 

The law enforcement official may attempt to get a 

history of when the subject last ingested alcohol, 

how much, etc. Getting accurate information under 

the circumstances is questionable. 

The urine test is considered to be invasive. Additionally, because the sample can be easily adulterated, collection of the sample should be monitored/

observed while it is being provided. 

At least one state, Ohio, has an alcohol concentration in urine standard, in addition to the usual BAC 

standard. However, because 33 C.F.R. 95.025 only 

refers to adoption of state BAC standards, it seems 

that evidence of a violation of Ohio’s alcohol concentration in urine standard, by itself, would not be 

sufficient to prove that a person was under the influence of alcohol for purposes of 33 C.F.R. Part 95. 

 Conclusion 

The above information reveals that, comparatively, 

of the three methods for determining a subject’s 

BAC, the breath test is least cumbersome, most cost

-effective, and its results are the least prone to mishandling or contamination. It is also reasonably accurate. 

[Note: Information for this article was garnered 

from numerous sources on the Web.] 

 

 * * * * * * * *

(Continued from page 3) 
Hearing Office is our Name, Maritime Safety and Security is our Aim

Coast Guard Hearing Office Vol: XXI Newsletter Date: October 2013 

 5 

WHAT’S IN A NUMBER?

A number is nothing in and of itself. A number 

is a creation used in counting and measuring. 

Numbers can convey “magnitude “ or “degree.” 

Numbers are relative and can be expressed as a 

ratio or percentage. Sometimes numbers are 

used simply as convenience for certain functions 

such as telephone numbers, lock combinations, 

etc. Today we hear much about business measures or business metrics. Often these “metrics” 

are used to measure the success or failure of a 

desired outcome. 

Here are some Coast Guard Hearing Office metrics (as of September 30, 2013) that provide a 

“how goes it” glimpse into our work: 

Number of case files received by the Hearing 

Office with violation dates in 2009: 1444 

Number of case files received by the Hearing 

Office with violation dates in 2010: 1500 

Number of case files received by the Hearing 

Office with violation dates in 2011: 1629 

Number of case files received by the Hearing 

Office with violation dates in 2012: 1504 

 Number of case files received by the Hearing 

Office with violation dates in 2013: 575 

Number of case files received by the Hearing 

Office in 2013 regardless of violation date: 1017 

Number of preliminary assessments issued in 

2013: 1035 

Number of final assessments (FLAP, FLAN, 

FLW, and FLD) issued in 2013: 685 

Number of violation case files returned to the 

program manager for deficiencies in 2013: 94 

 

Number of hearings held in 2013: 4 

DECKPLATE RIVETS 

 

 A civil penalty case file essentially contains information of two types: allegations; 

and, evidence supporting the allegations. 

For example, all of the Enforcement Summary, except for the signed Narrative Overview, contains the allegations to be proved, 

and those allegations are not considered evidence. What is considered evidence is the 

signed Narrative Overview and other statements or records in the case file containing 

probative evidence in support of the elements 

of the violation. Unsupported allegations 

have no evidentiary value and do nothing to 

meet the Coast Guard’s burden of proof. 

 For the purposes of cases alleging violations of 46 U.S.C. § 8103(i), it is critical to 

know the migration status of non-citizen 

unlicensed seamen. It is not enough to prove 

that the unlicensed seaman is not a U.S. citizen, because there is no limit on the employment of Permanent Resident Aliens. If the 

non-citizen is in the U.S. illegally, then that 

is a violation. If the non-citizen does not 

have an authorization to work in the U.S., 

that is also a violation. If you are dealing 

with one or more non-citizens who are not 

permanent resident aliens, but are legally in 

the U.S. and authorized to work, then you 

must show that more than 25% of the unlicensed seamen on the vessel have that status 

to prove a violation. If information about migration status is from an unidentified source, 

even an ICE or CBP official, the information 

may not be very credible and carry little 

weight with the Hearing Officer. The case 

file should identify the source of migration 

status information and why it is trustworthy. 

Finally, you must include evidence that the 

vessel was engaged in the fisheries trade. 

 * * * * * * * *
Hearing Office is our Name, Maritime Safety and Security is our Aim

Coast Guard Hearing Office Vol: XXI Newsletter Date: October 2013 

6 

 

JUST FOR FUN—GHOST SHIP GUESSING GAME

Admin Staff 

What is a Ghost Ship you may ask... 

Ghost Ships are vessels that are found adrift with the crew missing...[cue scary music]...In some cases the 

vessel had run aground. In the right hand column below you will find the name of five Ghost Ships. Can 

you guess which name belongs to the description? 

 

1. Found in the Atlantic Ocean on December 04, 1872, with six months of 

food and water, but not one valuable cargo was touched. The crew just disappeared without a trace. 

 

 Ryou-Un Maru 

 

 

 

Zebrina 

 

 

 

Carrol A Deering 

 

 

 

HMS Resolute 

 

 

 

Mary Celeste 

 

2. This ship belonged to the British Royal Navy. It was believed to have 

been trapped in the ice of the Arctic and was just abandoned. Later found by 

an American whaler, which returned the ship to Queen Victoria in 1856. The 

timbers of this ship were made into a desk that now resides in one of the most 

important offices in the United States. 

3. Found wrecked off the Cape Hatteras Shores on January 31, 1921. This 

ship was believed to be the victim of the legendary Devil’s Triangle, better 

known as the Bermuda Triangle. 

 

4. In the month of October in the year 1917 this schooner was found aground 

on the coast of France with no crew. 

 

5. This fishing vessel drifted across the Pacific Ocean from Japan and was 

spotted by the Canadian Air force on March 20, 2012. On April 05, 2012, it 

was determined by the U.S. Coast Guard that the vessel had to be sunk to 

avoid further hazards.