Harbor Safety Committee Minutes

MINUTES OF THE NINETY FIRST MEETING
OF THE LA/LB HARBOR SAFETY COMMITTEE
WEDNESDAY FEBRUARY 6, 2003

WEDNESDAY, FEBRUARY 6, 2003

The Ninety-first Meeting of the Los Angeles/Long Beach Harbor Safety Committee was convened in the main auditorium of the Port of Los Angeles Administration Building. Chairman John Strong called the Meeting to order at 10:05 a.m. The Executive Secretary determined that there was a quorum present, as listed below -

FOR THE PORT OF LONG BEACH		FOR THE PORT OF LOS ANGELES	FOR THE LONG BEACH PILOTS
Ms. Marva Stewart		Capt. Jim Morgan	Capt. John Strong (JPS)

FOR THE TANKER OPERATORS		FOR THE LOS ANGELES PILOTS	FOR THE MOORING MASTERS
Capt. Norman George (MTL)		Capt. Mike Rubino	Capt. M. Miller (ChevronTexaco)

FOR TUG & BARGE OPERATORS		FOR THE DRY CARGO CARRIERS	FOR RECREATIONAL BOATERS
Mr. Ed McCain (Crowley)		Mr. Dave Pritzos (K-Line)	(ABSENT)

FOR ORGANIZED LABOR		FOR THE CALIF. COASTAL COMM.	FOR THE U.S. NAVY
Mr. Dom Miretti (ILWU)		(ABSENT)	(VACANT)

FOR THE U.S. COAST GUARD		FOR ENVIRONMENTAL GROUPS	FOR ENVIRONMENTAL GROUPS
CDR George Cummings		Mr. Garry Brown	Mr. Brian Machovina
X.O. – MSO/Group, LA/LB		(Orange County CoastKeeper)	(Calif. CoastKeeper Alliance)
FOR THE CDF&G/OSPR		FOR PASSENGER FERRY OPERATORS	FOR THE USACOE
Capt. H. Henderson, Administrator Mr. James Rolin, Field Rep.		Capt. Ray Lyman	Mr. Jim Fields

		EXECUTIVE SECRETARY
		Capt. M.H.K. Aschemeyer (MX)


	ALTERNATES, MEMBERS OF THE PUBLIC, AND OTHER PARTIES (SEE ATTACHED LIST)

Chairman Strong opened the meeting by welcoming everyone in attendance, thanking them for their interest and participation in the Los Angeles/Long Beach Harbor Safety Committee. He expressed the Committee’s appreciation and thanks to the Port of Los Angeles (and to Capt. Jim Morgan, in particular) for making their facilities available for this gathering and for providing the continental breakfast enjoyed by all.

The Chairman then advised the audience that this was a “working committee”, and that there would be no public comments taken during the discussions and deliberations. However, the public would be offered the opportunity to speak before this panel, after Agenda Item IV under “Public Comments” was announced. He also encouraged all present to be sure to “sign-up” on the attendance sheet being circulated amongst the audience. The Chairman explained that several members of the LA/LB HSC panel were “non-voting” and therefore would not be participating in any “show of hands” vote called to determine a decision on any particular agenda or action item.

The Chairman introduced the OSPR Administrator, Capt. Harlan Henderson (who was present and participating at today’s session), and thanked him for his ongoing interest in, and support for, the LA/LB HSC.

Capt. Aschemeyer recognized and introduced Capt. Debra Marks, Chair of the San Diego Bay HSC (who was in the audience), and thanked her for coming to the session today, and for her interest in this panel’s activities and deliberations.

Capt. Jim Morgan introduced one of the two new pilots that have “come aboard” at the POLAPS recently. Capt. Joe Manlove is a retired Navy veteran, having served as a navy harbor pilot for over 20 years, then working for the Foss Maritime organization here in LA/LB Harbor for several years, before joining the POLAPS “team” two months ago.

ITEM I -- APPROVAL OF MINUTES:

Chairman Strong asked for approval of the minutes from the last (90^th) meeting. Capt. Aschemeyer pointed out that the draft minutes had been e-mailed to all members & alternates some time ago; and that a final draft was posted last week to the MX web site at www.marineexchange.org -- and no corrections or revisions had been submitted to date. Capt. Ray Lyman moved, seconded by Capt. Mike Miller, to accept and approve the Minutes of the 90^th Meeting, as presented here today. Motion carried unanimously by a show of hands from voting members present.

ITEM II -- OLD BUSINESS:

(A) Update On Marine Exchange & Vessel Traffic Center:

(1) Capt. Manny Aschemeyer announced that the Marine Exchange has officially changed its name from “Marine Exchange of LA/LB Harbor” to “Marine Exchange of Southern California”, effective last week. This action was approved unanimously by the MX-BOD, in recognizing the MX’s services, data, and reports have already extended into the entire Southern California Region. Capt. Aschemeyer assured everyone, “We are not losing our focus or purpose in anyway, insofar as our care and attention for the LA/LB Harbor area is concerned. You’ll be seeing the same high- quality service, data and reports that have been forthcoming from the MX for over 80 years now – but our reach now extends to the Ports of Hueneme and San Diego as well, and we believe we can help you with your business functions and industry needs in those areas, too”

(2) Regarding “incidents” and traffic at the VTS, Capt. Dick McKenna reported that there have been only 2 reportable “incidents” since our last meeting in December – one of which was a propulsion/mechanical problem; the other was a “communications incident”, involving a disgruntled seafarer who “wanted off” his ship. The VTS has recorded a total of 36 incidents for 2002, which is less than the previous year (40 were reported for 2001). There have been NO incidents reported in 2003 thus far. Among the total incidents reported are far fewer “regulations violations” noted, with the vast majority being attributed to equipment/engine failures, and other non-regulatory matters. Meantime, the “vessel counts” have fallen off significantly for LA/LB Harbor, with only 5,396 arrivals posted for 2002 (which is a 5% decline from last year’s numbers). 2003, however, has gotten off to a good start, with the number of vessel arrivals (particularly containerships) increasing each week.

(3) Capt. Aschemeyer also discussed the new “Marine Exchange-PortSource” web site that was launched last month at www.marineexchange.org -- and he encouraged everyone to take the time to “surf” those web pages posted there, all of which are full of vital, convenient, and useful information. This “one-stop-shopping” Internet tool features over 300 pages with more than 5,000 “links” to help the waterfront business community, the maritime industry, and others involved with world trade and international commerce to work more effectively and more efficiently.

(B) Update on USCG MSO/Group Activities:

CDR George Cummings reported on several items listed in the “Local USCG HSC Briefing” report (copy attached to these minutes for the record). There was no follow-up discussion or Q&A concerning his report.

(1) Capt. Harlan Henderson (OSPR Administrator) stated his pleasure at being here today, and promised he would be making a good effort to attend more of the HSC meetings around the state this coming year. He briefed the committee on several items of interest, including --

(a) The State Budget is in “bad shape”, with many agencies suffering cutbacks in both staffing and expenses. OSPR, however, is in fairly “good shape” in its budget situation, with independent funding sources coming from a tax on oil products carried by tankers to/from state waters (which went up this year from $0.04/BBL to $0.05/BBL); and from renewal fees for COFR’s on non-tank vessels.

(b) Under a new state law, OSPR began to “vet” (or rate) the OSRO’s throughout California – based on their individual performances during “unannounced drills – and Capt. Henderson was pleased to note that all of the OSRO’s examined thus far have rated well, indeed. California is the only state that “vets” the OSRO’s this way.

(c) A “Spill of National Significance Exercise” is set to be held in Southern California sometime in 2004, whereby a catastrophic “spill” will be simulated here -- with the size and impact of the EXXON VALDEZ disaster that occurred in Prince William Sound in Alaska in the late 1980’s. This simulated “spill” is designed to be overwhelming to local resources, with impacts stretching from LA/LB Harbor and all the way into Mexican waters. This drill will bring into play a “National Incident Commander” (which in this case will be the USCG’s PacArea Commander), as well as OSRO resources “called to action:” from all along the U.S. West Coast, and from across the country. Resources will also be drawn from Mexico and Canada. The drill scenario will probably be a collision between two vessels (one being a large tanker), about 20 miles off shore, with conditions being such that would allow for the spread of oil in large amounts along the coast from LA/LB Harbor, into San Diego Bay, and down to Mexico. There have only been three other “national significant drills” of this type held since OPA ’90 and OSPR ’90 were enacted into law – one in Alaska, one in the Philadelphia area, and one along the Gulf Coast.

(d) OSPR has begun to test “sensitive sites” in the Bay Area, whereby these sites are examined by experts to determine if the strategies in place for protecting them from oil spills is sufficient or even pertinent. These sites are usually associated with endangered species, or a super-sensitive eco-system, both of which demand a higher degree of vigilance. Some of the protocols used by OSRO’s in responding to spills in non-sensitive areas, for example, could actually do more harm than good when applied in the “sensitive areas”.

(D) Update on Local OSPR Activities:

(1) Mr. Jim Rolin reminded all interested parties that applications are still being accepted for the “organized labor” seat on the LA/LB HSC – with the terms of the current representative and alternate expiring in April. The application period will run through COB on February 28^th. Copies of the HSC application form can be downloaded from the Internet by going to: www.dfg.ca.gov/Ospr/appform.pdf . All completed applications should be mailed to: Mr. Jim Rolin, DFG/OSPR, 4665 Lampson Ave; Suite “C”; Los Alamitos, CA 90720 --on or before the deadline mentioned above. If you have any questions concerning this procedure, you may contact Mr. Rolin at OSPR – Tel: 562-598-4291; or e-mail: jrolin@ospr.dfg.gov.ca . Mr. Rolin indicated that, as of this date, only two applications had been received, and he had expected more. There’s still time and opportunity to do so, and he encouraged all interested parties to make application for this seat at the earliest opportunity.

(2) OSPR has explored better ways for handling the spills generated by “derelict vessels” in the harbor, with active discussions with POLA ands POLB officials. Under current laws, the Calif. Dept. of Boating & Waterways will pay for up to 90% of the expense for removing a derelict vessel from the harbor area. The local port authorities must cover the final 10% of the expense.

(3) A “Public Hearing” will be held to discus the operations and performance of the VTS for LA/LB Harbor, as required by state law to be held every two years, and this one will precede the next LA/LB HSC meeting in April. Announcements will go out in a timely manner to advise all interested parties of this event.

(4) There was a meeting recently with OSPR, ChevronTexaco, and others involved with “offshore lightering operations” to run, review, and analyze several different “spill scenarios” for the larger operations currently taking place off the coast of San Diego.

(5) OSPR is awaiting the final report from Capt. Holmes on the “ride-along” study his staff did last year to determine if “minimum manning” requirements aboard tugs were necessary for avoiding fatigue issues and for maintaining safety standards. That report is now under review at the USCG’s District 11 HdQtrs in Alameda, and will be forwarded to the OSPR Administration after final review by the LA/LB HSC. Mr. Stephan Mueller-Dombois asked Capt. Henderson what the timeline was for reaching a final recommendation and action in this matter, and was told that it should be addressed, hopefully, at the next meeting of the LA/LB HSC.

(6) Finally, Mr. Rolin reported on the status of the remaining “at large seat” that is slated to be filled sometime soon. This seat had been designated by vote at the last meeting of the committee to be for a representative of the “marine oil terminal constituency”. Capt. Aschemeyer stated that only one party had formally applied to fill that seat so far. Mr. Rolin announced that since the last meeting, the Los Angeles Pilots Assoc. (ILWU Local # 68) has announced their interest in filling that seat, and comments from the parties will be forthcoming later during the “public comments” period of this meeting.

(E) Update on California State Lands Commission Activities:

(1) John Brown reported that the CSLC‘s “customer service meeting” will be held at the POLB Admin. Bldg. on March 6th. Speakers will include Capt. John Holmes, USCG, and a representative from the CDC in Atlanta, to discuss some of the preparations underway to deter terrorists’ attacks at our ports.

(2) The Legislative Report on California’s Ballast Water Program is in its final preparations, and will be posted to the CSLC web site by next week.

(3) The proposed new security regulations for marine oil terminals has completed the “public comment period”, and the final draft is at the ALO (administrative law office) for review, after which it goes to the Secretary of State for final review and approval.

(4) A contract has been let to a firm called “Spec Services” to update the regulations for “static pressure testing” procedures. CSLC will announce the “public comment period” on this matter soon.

(F) Update from U.S. Army Corps of Engineers:

Mr. Jim Fields (and staff) reported that the USACE would be moving forward with the POLA main channel-deepening project, which will begin in late March/early April. This dredging project will run for two years, and will bring the POLA main channel down to -55 feet (for a “charted depth” of -53’). He added that a “fast fax” goes out each morning from the USCG (to those interested in receiving same) listing all the dredging equipment and pipeline locations, work schedules, shifting schedules, etc. for the next 24 hours. Contact the USCG if you want to receive those faxes. Also, anyone desiring a copy of the surveys completed by the USACE can obtain them via mail or e-mail – contact Mr. Fields at 213-452-3403 or e-mail: jfields@spl.usace.army.mil .

ITEM III -- NEW BUSINESS:

(A) Sub Committee Reports:

(1) S/C # 1 -- Capt. John Strong, Chair: Capt. Strong announced that S/C # 1 is set to meet at the Marine Exchange this afternoon, beginning at 1300 today. All interested parties are encouraged to be there. This panel has met twice during the past two months to address several important issues (copies of minutes have been distributed to all interested parties). The primary issue being considered by this panel is a review of the safety guidelines and “standards of care” for vessel operations in limited visibility. A draft re-write for that section of the LA/LB HSP will be prepared for presentation to the full HSC at the meeting in April. This panel has also been monitoring the port construction and dredging operations taking place throughout the harbor area.

(2) S/C # 2 – Capt. Jim Morgan, reminded everyone that this new panel (S/C for Planning & Communications) had been created by vote of the full HSC at the last meeting. Capt. Bent Christiansen was named as “Chairman” for this new group; however, Capt. Morgan chaired the first session of this group, held on December 4^th. There was no “new business” brought before the new panel; but under “old business”, the S/C addressed the sample brochures we had received earlier from the San Francisco Bay HSC, dealing with proper communication and safety practices for recreational boaters. There was substantial discussion concerning what geographical area should be covered in a similar pamphlet for this region; how such a printed “guide” would be distributed, and what constituencies should be targeted. Mr. Tom Dessel offered to research this matter, and will report back to the panel at today’s meeting (S/C # 2 will meet at the Marine Exchange this afternoon, immediately after S/C # 1 completes their session there – approximately at 1430 hours).

(B) Other New Business:

(1) Mr. Dave Pritzos mentioned that his company (K-Line) had received a “non-compliance” notification from both port authorities concerning the “Voluntary Speed Reduction Program for Reducing Air Emissions from Vessels”. Specifically, he was advised that K-Line vessels were “only 47% compliant” with the program. This program requests that all vessels reduce speed to 12 knots when within 20 N/M of the coast on their arrivals/departures at LA/LB Harbor. He lamented the fact that this was the first notice he’s received from the ports concerning compliance issues, although the program has been in effect for almost two years now. He further encouraged both ports to make more timely reports to the local agents regarding compliance, so their operations personnel can “go after” the offenders promptly. In this instance, several of the vessels named in the letter are no longer under charter to K-Line, and therefore impossible to follow up on. Capt. Dick McKenna shared that the Marine Exchange had been contracted by both ports to report to them on all vessels’ speed when operating within the 20-mile area of concern; and as such, the MX is obliged to advise all vessels of the voluntary speed reduction requirements within that sector, but NOT to enforce the speed limit. This is not a “safety issue” for the VTS to pursue; rather, this is an “environmental issue” for the MX to monitor. The MX does not archive the data collected, and neither does it review, categorize, or analyze it – all information is passed along to the ports for their review, analysis, and compilation. Also, Capt. McKenna pointed out the matter of “interpretation” concerning the speed reduction limits – some ships simply cannot cruise at EXACTLY 12 knots, and so could be “non-compliant” if they’re running at, say, 13 knots. But the two ports differ on their tolerance levels – Capt. Morgan explained that POLA seems to give latitude up to 12.9 knots, allowing for engine performance issues, weather conditions, and the like, which ultimate affects “speed over the ground” -- while POLB reportedly has “zero tolerance” on anything over 12 knots. Capt. Aschemeyer added that the MX would encourage both ports to maintain frequent and close contact with all the vessel operators and their agents in the LA/LB Harbor area, making certain that any non-compliance issues were brought to the attention of those in charge of vessel operations in a timely fashion. He added that two companies have made a practice of advising ahead of time if there are circumstances that prevent a vessel from honoring the 12-knot voluntary limitation, by sending an e-mail to the MX for reporting same to the port authorities. This is a good practice, and allows the ports to know ahead of time if, when, and why a vessel cannot comply due to circumstances.

(2) Mr. Brian Machovina commented on the recent sinking of the tank vessel PRESTIGE off the coast of Spain, and the concern held by many environmental groups over the use of “single hull tankers” in California waters. Several bills will be introduced in Sacramento to address these concerns. Meantime, the European Union (EU) has evaluated and categorized single hull tankers for operating in those waters, applying various restrictions, requirements, and standards for all such vessels plying their waterways. The EU has also implemented a “phase out” for various tankers based on age and condition, as well as effecting a total ban from their waters of the 66 so-called “ships of shame” that have been declared “negligent and dangerous” in their operations. Mr. Machovina asked the HSC for advice on where to get information on whether any of the 66 “ships of shame” have plied California waters, or called into California ports. Capt. Henderson advised that OSPR had indeed, checked on all 66 “ships of shame” to see if they had filed COFR documents, and also checked to see if any had called into California ports -- only two had filed COFR’s and NONE had called into port in California this past year. He added that his findings were passed along to USCG District 11 HdQtrs for further follow-up by the Coast Guard’s “Port State Control” program for vetting and inspecting all vessels calling into U.S. ports. CDR. Cummings offered to make available the records and data they have on single-hull tankers; likewise, the MX could also be a resource for finding arrival data on ships calling into ports in California.

(3) Capt. McKenna reported on a recent meeting at the MX, which was attended by representatives from Aera Energy Co. (operators of several oil platforms out in San Pedro Bay), the U.S. Coast Guard, the VTS, the MX, the two pilot organizations, the two port authorities, the City of Long Beach, and the CSLC. Aera had discovered two or three “dents” in their pipelines running from the oil platforms to the shore – one of which could have been caused by an anchor, another which could have been caused by construction operations. In any case Aera is looking for a forum for discussing such damages, seeking ways to prevent them from happening again. Capt. Aschemeyer added that although this is not a “safety issue”, it is nonetheless an “oil spill prevention” issue, and therefore should be of interest for the LA/LB HSC to pursue. Members of the Aera organization will make an appearance before this committee at the next meeting.

ITEM IV -- QUESTIONS/COMMENTS FROM THE PUBLIC:

Mr. Chris Chase from Interocean Co. in San Diego made a brief presentation on his company’s business activities (including their creation of the SDMIS web site for the Port of San Diego, and their hydrographic reporting sensors they put in place there). Interocean has recently created a new system for detecting oil spills on the water, based on optical sensors, and he hopes to encourage various port stakeholders to acquire this new equipment for helping detect even minute spills – and therefore preventing pollution from becoming worse in those instances. He left several brochures and “spec sheets” for anyone interested. He will be available after the meeting to address anyone’s questions.

Mr. Jim Bobbitt, speaking on behalf of WSPA, confirmed that group’s interest in seeing the “at large seat” filled by a representative of the “marine oil terminal constituency”, and nominated Mr. Todd Barr (from Shell Oil Co) to be considered for appointment to that position. Mr. Barr has obtained a copy of the application forms, and will submit them this week to the OSPR Representative (Mr. Jim Rolin), as required by the nomination and appointment process.

Capt. Will Baumann, representing the Los Angeles Port Pilots Assoc. (ILWU Local # 68), read a prepared statement protesting the vote by the committee at their last meeting, through which they recommended to the OSPR Administrator that the last “at large seat” be designated for a representative from the “marine oil terminal constituency”. He claimed that his union “had no representation” on this committee. He also pointed out that the POLA Harbor Commissioners had passed a resolution in support of their union getting a seat on the LA/LB HSC back in November; and he requested, therefore, that the LA/LB HSC petition the OSPR Administrator to have the remaining “at large seat” filled by a representative from ILWU Local # 68. (See Capt. Baumann’s complete statement attached to these minutes for the record).

Capt. Aschemeyer stated that the LA/LB HSC was not informed of the POLA BOHC Resolution #6144 until after the December meeting. Specifically, he received the Resolution, along with a cover letter from POLA Executive Director Larry Keller, on or about December 18^th (the day Capt. Aschemeyer departed on his Christmas vacation). The LA/LB HSC, meantime, had already met on December 4^th. When Capt. Aschemeyer returned from Christmas leave, copies of that correspondence were mailed out to the LA/LB HSC roster on or about January 2^nd , along with a response from the LA/LB HSC to the POLA’s “HR” representative (Ms. Rocky Walker), explaining how the nomination and appointment process worked -- and pointing out the vote that had been taken by the full committee at their December meeting, recommending that the last “at large seat” be designated for a representative of the “marine oil terminal constituency”. That correspondence also strongly recommended that the L.A. Port Pilots Association (ILWU Local 68) make application for the “Organized Labor” seat, which was currently open for nominations, and with a deadline of February 28^th for filing. Capt. Aschemeyer said he was under the impression that Dr. Miretti intended to step down from that seat, when his term expires in April, due to various other duties and responsibilities making demands on his schedule, and it would be entirely proper and timely for Capt. Baumann to apply for that seat forthwith. Further, he pointed out that although Capt. Baumann had made a statement before this committee last October, his comments voiced only a protest and objection to the seating of Capt. Rubino as the Representative for the L.A. Pilots Organization. Up until today, the L.A. Port Pilots Assoc. (ILWU Local 68) have never previously made any request or submitted any formal application for that seat, or for any other seat on this panel, as required by state law.

Dr. Dom Miretti, Representative for Organized Labor on the LA/LB HSC, challenged the vote taken at the last meeting on December 4th, whereby the last “at large seat” was designated to be filled by a representative from the “marine oil terminal constituency:” – based on the fact that the POLA Harbor Commissioners had passed a resolution on November 13^th supporting the efforts of ILWU Local # 68 for getting a seat on the LA/LB HSC, yet this was not brought to the attention of the committee by the POLA Representative on this committee. Hence, he strongly suggested that the vote in this matter be re-visited, now that all the facts were at hand in this matter.

Capt. Morgan, representing POLA on the LA/LB HSC, and in response to Dr. Miretti’s comments, explained that he did not have a final, authorized copy of the BOHC Resolution at the time of the HSC meeting in December; and he further pointed out that the final language in the resolution stated simply -- The Board of Harbor Commissioners endorse a request (emphasis his) by the Los Angeles Port Pilots Association (ILWU Local # 68) to the LA/LB HSC as well as to the State of California OSPR, to obtain an at-large seat on the LA/LB HSC with the appointee and his alternate to said seat to be selected by the Los Angeles Port Pilots Association, ILWU Local 68 membership, through the normal State process…” Capt. Morgan stated his surprise that no one from ILWU Local 68 attended the December meeting of the LA/LB HSC, and especially after obtaining the resolution from the POLA’s BOHC in support of their quest. And at the December meeting, he felt it was not appropriate for him to voice the intentions of ILWU Local 68, regarding any request they might make before this committee. Further, he pointed out that he specifically abstained from the vote taken at the December meeting, and made that decision when he saw the unanimous approval of the motion (including a positive vote from the Organized Labor Representative) to have the last “at large” seat filled by a representative of a “marine oil terminal constituency”.

Dr. Miretti responded to Capt. Morgan’s comments, stating that – given the new information the committee now had in this matter – he felt it prudent and proper for the LA/LB HSC to reconsider the vote taken at the last meeting, and to eventually recommend to the OSPR Administrator the nomination for a representative from the L.A. Port Pilots Assoc. (ILWU Local 68) to fill the remaining “at large seat”. In response to Capt. Aschemeyer’s comments, Dr. Miretti stated that, although he felt he could no longer serve as the primary Representative for Organized Labor on the LA/LB HSC, he hoped to continue on as an “Alternate” for that seat. He added that he felt it was inappropriate for Capt. Bauman to apply for the “Organized Labor” seat, since it would restrict diversity on the committee for covering various segments of organized labor on the waterfront. Furthermore, he has already asked Mr. Stephan Mueller-Dombois (from the Int’l Boatman’s Union – IBU) to apply for the Organized Labor seat, with the intention of having him take his place on the committee.

Mr. Stephan Mueller-Dombois asked both Jim Rolin and Capt. Henderson about the “appointment process” for selecting representatives to serve on the committee. He stated that he was “not used to being appointed to anything”; rather, it has been his experience to be democratically elected to a post for representing his union and its members. Specifically, he asked about how his application for the Organized Labor seat would be reviewed and acted upon. Mr. Rolin responded that he checks on what all the applicants “have in common” relative to their overall qualifications, and evaluates them accordingly. In the case of the Organized Labor seat, for example, he would make certain that all applicants were members of a “maritime-related” union. He would also check to see that the applicants all had the basic requirements for appointment to that particular seat as outlined in state law. He then would list all the attributes that the candidates don’t have in common, and which attributes might best serve the committee, and the constituency involved, if they were selected to fill that seat – such as previous involvement with, and participation in, the various meetings and sessions of the LA/LB HSC. Based on those “judgment calls”, he then submits his recommendation to the OSPR Administrator in Sacramento for final review and action. He added that a person appointed to any seat may then appoint multiple “Alternates” to serve on the LA/LB HSC, and he hoped that whoever was finally appointed to the Organized Labor seat would see fit to give representation on the panel to several other unions in that manner. Capt. Henderson responded that after the applications are referred to his office in Sacramento -- with recommendations forthcoming from not only Jim Rolin, but also from constituents and HSC members – he meets with his “executive team” to review all the input and recommendations, and his final decision comes out of that process. He added that during his brief tenure as OSPR Administrator, the final selections for appointments to various HSC's around the state have been "very clear and definite" as to who was the best applicant for any given position.

Capt. Baumann asked about the appointment process for the remaining “at large seat” for the LA/LB HSC; specifically, when would such opening be formally announced, and what was the timeline for filling that seat? Mr. Rolin responded that, at this point in time, no announcement has been made by the OSPR Administrator concerning that seat, but once the announcement is made there is usually an application period for 60 days for interested parties to apply. Nonetheless, since this seat has been discussed in open forum at the LA/LB HSC meetings for several months now, any and all interested parties may, in fact, submit their application now for that position. Capt. Baumann then asked Capt. Aschemeyer if a copy of the audiotape of the meeting could be made available to him. Capt. Aschemeyer stated that his taping of the meeting was merely a “note-talking tool” and that such recording of the meeting proceedings were not required by law. Nonetheless, he said he would consider the request accordingly. Capt. Baumann again stated his position that only members of ILWU Local 68 could speak for, and represent, the “working pilots” at POLA on this committee. He rejected the notion that either the current Representative for Organized Labor, or the Representative for the L.A. Pilot Organization, had the right to assume that responsibility.

Capt. Strong commented on the “inclusive process” that has been the hallmark of the LA/LB HSC since its inception back in 1991. Any and all “interested parties” may participate in the deliberations of the committee and its sub-committees, and are regularly invited to do so. One does not have to be an appointed Representative to voice their concerns, opinion, or desires concerning any safety issue that may be “out there”. He referred specifically to the recent deliberations on the “tug manning issues” that took place last year, where S/C # 1 meetings, and HSC sessions, were well attended by over 50 participating entities (including organized labor) in those discussions. He also stressed that it was becoming apparent to the committee that this situation was a “labor-management” issue between the POLA and its harbor pilots, and not a “representation issue” per se. The members of L.A. Port Pilots Assoc. (ILWU Local 68), in fact, have a voice through the Representative for Organized Labor, as well as by the Representative for the Los Angeles Pilots Organization. He also cautioned the committee not to get “dragged into” labor-management issues, such as what has apparently been the case in this instance, with the prospects of degrading the purpose of the committee in its ability to purely address safety and environmental concerns.

Dr. Miretti responded that, although the Organized Labor seat on the LA/LB HSC could be representing the L.A. Port Pilots Assoc. (ILWU Local 68), it would be far better to have a “working pilot” on the committee to address safety and environmental issues first hand, since they had “no representation” on the committee.

Capt. Rubino (Representative for the Los Angeles Pilots Organization) took exception to the notion that the members of ILWU local 68 “had no representation” on the LA/LB HSC, pointing out that he has regular and routine discussions on safety matters with the vast majority of the “working pilots” in his pilot organization – with the exception of Capt. Baumann, who has deliberately boycotted any safety discussions with management. Further, Capt. Rubino offered to appoint one of the members from ILWU Local # 68 to serve as his Alternate on the committee, and Capt. Baumann ordered the members to refuse that offer. Notwithstanding Capt Baumann’s deliberate refusal to discuss safety matters and concerns with management, Capt. Rubino assured the committee that all safety issues brought to him regularly and routinely by the POLA harbor pilots have always been brought to this committee for review and action, and that will continue to be the policy and practice of the Representative for the Los Angeles Pilot Organization. Finally, Capt. Rubino pointed out that he also represents the safety concerns as expressed by the boat operators and dispatchers at the pilot station, which gives them a voice on the committee that they would otherwise not have.

Capt. Aschemeyer concluded the deliberation concerning the “at large seat” by summarizing the procedures open and available to Capt. Baumann. (1) The L.A. Port Pilots Assoc (ILWU Local 68) are free to apply for the remaining “at large seat”, in spite of the vote by the committee to recommend another constituency for that position (the final decision, of course, rests with the OSPR Administrator in such matters); and/or (2) It has been strongly recommended by the LA/LB HSC that the L.A. Port Pilots Assoc.(ILWU Local # 68) also apply for the “Organized Labor” seat on the committee (for which their group is highly qualified and appropriate), with the deadline for such application being February 28, 2003.

There were no other comments forthcoming on this issue from either the committee or the audience.

ITEM V -- MEETING SCHEDULE:

The next regular meeting for the LA/LB HSC will be held on the first Wednesday of APRIL 2003 (the 2^nd), at the Port of Los Angeles Admin. Building, beginning at 9:30 a.m. (breakfast reception). Announcements and materials will be mailed out to all interested parties in late March.

ADJOURNMENT:

There being no further business to discuss, the meeting was adjourned by the Chairman at 11:25 A.M.

Respectfully submitted,
Capt. M.H.K. “Manny” Aschemeyer
Executive Secretary, LA/LB HSC

Harbor Safety Committee “Local CG” Briefing (2/06/03)

Notable Incidents

Minor Oil Spill from the Tank Barge KLAMATH at LA 163: On 4 Feb, approximately 20 gallons of lube oil was discovered around the tank barge. The oil is believed to be coming from the #1 Port tank. Cleanup of the spill has been completed and the barge has been taken to Southwest Marine for inspection to determine the cause.

Tug JOHN BRIX & Barge SASANOA Allide with LA Main Channel Beacon 13 in Dense Fog: On 30 Jan, the barge allided with the Beacon causing essentially paint scrapes to the barge and minor damage to the aid to navigation’s safety rail and day-board. Repairs were completed on the aid the same day.

Minor Oil Spill due to Railcar Derailment at LA Berth #149: On 15 Jan, a railcar derailed spilling 5 gallons of crude into the water and damaging numerous above ground pipe runs. A Safety Zone was established to facilitate product containment and recovery. Product had to be offloaded from 3 rail tank cars before a crane could put them back on the track.

Fog Shrouds Six Pleasure Craft in LA/LB Harbor Vicinity: On the early evening of 18 Jan over a period of 1.5 hours, the Coast Guard received 6 reports via CH-16 and cell phones of vessels lost in the fog. The vessels were located and escorted safely into harbor through the coordinated response by the Coast Guard, Baywatch Cabrillo, LB Fire/Rescue Boats 1 & 2, LA City Fire Boat 5, Huntington Harbor Patrol, and the good Samaritan M/V PRICE TIDE.

Container Lost Overboard Strikes Barge PEBBLE BEACH Conducting Bunkering Operations at Pier 400: On 16 Jan, a container fell off the moored M/V TROYBURG landing on the barge. There were no personnel injuries, but damage included a 18 x 3 inch hole in the #2 cargo tank and two crushed cargo hoses. The container was recovered from the barge and the barge was allowed to safely finish bunkering operations before departing to commence repairs.

Minor Hazardous Material Incident at LA Pier 300: On 15 Jan, The hazardous material hexachlorocyclopentadiene was discovered dripping from a container at the APL terminal. The spilled chemical was identified, then contained and recovered without incident.

Minor Hazardous Material Incident Aboard the M/V HARMONY CONTAINER: On Dec 20 approximately 3 days out enroute from Pusan, South Korea to Long Beach, a container released an unknown quantity of phosphoric acid from a drums inside. Vessel’s crew flushed the exterior of container and surrounding deck area with water. The vessel called on Long Beach and the container was removed and repacked w/out incident.

Tank Vessel SEA RIVER LONG BEACH Discovered Damaged Hull While at Anchor: On 20 Dec, the vessel sustained a 4 x 22 inch “football shaped” hole in the hull at the forepeak tank below the waterline just forward of the No. 1 cargo tanks with no loss of product. Temporary repairs were made and determined to be adequate for transit to Port Angeles, Washington for permanent repairs.

Combination Tug and Barge T/V SEA RELIANCE Experienced Automatic Ram Lubrication Failure: On 20 Dec, while enroute from Martinez, CA to Los Angeles with jet fuel, the vessel reported lubrication system problem. The ram had to be lubricated manually, however, the vessel’s maneuverability/sea keeping ability was not affected. The articulated Tug/Barge arrived w/out incident. The tug/vessel combination called on Southwest Marine where contract tug picked up and towed barge to LA 168 for offload and the Lubrication system was repaired.

Cruise Ship ECSTASY Experienced Reduced Propulsion Capabilities: On 20 Dec, the passenger vessel departed Port of Los Angeles under one tug escort due to inoperative starboard propulsion. Vessel was enroute Ensenada, MX with technicians on board to correct the problem, which was earlier isolated to computer software controlling the electrical system to the starboard propulsion. Port propulsion and fore/aft thrusters remained fully operational.

M/V NOBLE EMPRESS Experienced Brief Propulsion Casualty: On 18 Dec, 3.5NM Southeast of Long Beach Light, the pilot reported that the vessel had lost propulsion. The vessel quickly regained her engine, and after performing satisfactory tests, proceeded inbound to anchorage B-6 without incident.

Various Items of Interest

Dredging LA Main Channel: The four elements of this project are still underway. The construction of the Pier 400 submerged material storage site, construction of the South West Slip landfill and the removal of fill material from Pier 400 to the Pier 400 submerged material storage site by tug and barge. The fourth element, the Great Lakes hopper dredge "Sugar Island" is scheduled to complete her operation on 5 February pending final survey. The next dredge element with the use of floating and submerged pipelines is to start the first part of May.

Pier 400 Phase II: This will start with the rock ship Spirit due to arrive on 31 January. This will involve the building of the piers on A and B faces (northwest corner). The Terminal Island LB 6 (LLNR 3142) will be temporarily removed for most of this phase. The pile driving will start in March and will continue until May 2004.

Pier G/Berth G-214: The refacing of the berth started on 28 January by Traylor Pacific and should be complete in eight weeks.

Carnival Cruise Ship Pier Construction: Traylor Pacific is constructing the new pier and should be complete this spring.

Pier J Construction: Manson Construction expects Pier J Construction to continue until December 2003. The pier construction has started and involves waterside pile driving.

LA Berth 100: The four cranes have been delivered. The legal system is at work for the people to try and keep them from working.

Alamitos Bay Dredging: Maintenance dredging is being conducted within the entrance jetties and will continue until 15 March 2003.

Commodore Heim Bridge: The fendering system is being repaired. This operation is being conducted from 1900 to 0500 Monday thru Friday. This restricts the safe navigational distance under the bridge from 180ft to 120ft during these work hours. The barge is removed from under the bridge during off hours. The work is sched to be complete by 28 February 2003.