MINUTES OF THE NINETY EIGHTH MEETING
OF THE LA/LB HARBOR SAFETY COMMITTEE

 

(Local Coast Guard Briefing follows)

WEDNESDAY, 07 APRIL, 2004

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

PORT OF LONG BEACH
Ms. Yvonne Allen (Wharfingers)

PORT OF LOS ANGELES
CAPT Jim Morgan (POLAPS)

LONG BEACH PILOT ORGANIZATION

   

CAPT. John Strong (JPS)

     

 TANKER OPERATORS
CAPT Norman George (MTL)

 LOS ANGELES PILOT ORGANIZATION

MOORING MASTERS
(ABSENT)

 

CAPT Mike Rubino

 
     

 TUG & BARGE OPERATORS
Mr. Jeff Browning (Sause Bros.)

DRY CARGO CARRIERS

FOR RECREATIONAL BOATERS

 

Mr. Dave Pritzos (K-Line)

Mr. Tom Dessel

     

ORGANIZED LABOR
Mr. John Cox  (SIU)

CALIF. COASTAL COMM.
Ms. Robin Blanchfield

CALIF STATE LANDS COMM.

   

Mr. Gary Gregory

     

 U.S. COAST GUARD
CAPT Peter Neffenger (COTP)

ENVIRONMENTAL GROUPS
Mr. Gary Brown

FOR ENVIRONMENTAL GROUPS

 

 (Orange County CoastKeeper)

Ms. Tracy Egoscue
(Santa Monica BayKeeper)

     

OFFICE OF SPILL PREVENTION & RESPONSE (OSPR)
Mr. James Rolin, Field Rep

PASSENGER FERRY OPERATOR
CAPT Ray Lyman

U.S.ARMY CORPS OF ENGINEERS
(ABSENT)

Mr. Carlton Moore, Administrator.

   
 

EXECUTIVE SECRETARY CAPT Manny Aschemeyer (MX)

MARINE OIL TERMINALS
(ABSENT)

 

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 Long Beach for making their facilities available for this gathering and for providing the continental breakfast enjoyed by all.

The Chairman then advised the audience that they would be offered the opportunity to speak before this panel, after Item IV under “New Business” 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 certain 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 then called on Jim Rolin (OSPR) to “swear in” the newly appointed Representatives and their Alternates to the LA/LB HSC.  Those “sworn in” today included the following:  Ms. Yvonne Allen, Chief Wharfinger, Representing the Port of Long Beach; Capt. Ray Lyman, Vice President, Catalina Express, representing passenger ferry operations; Capt. John Betz, harbor pilot (and member of ILWU Local #68, Los Angeles Pilots Association), Alternate for the Los Angeles Pilots Organization; Mr. Hugh Conroy, Alternate for the recreational boaters; and Mr. Peter Korody, (IBU), Alternate representing organized labor.   All were given a hearty round of applause after the “swearing in” ceremony.

Gerry Wheaton from NOAA/NOS was recognized by Chairman Strong to introduce two of his colleagues – CDR Steve Barnum, Chief of NOAA’s Navigation Services In DC; and CDR Steve Thompson, NOAA’s   Regional Manager for the San Francisco Bay area. 

ITEM  I -- APPROVAL OF MINUTES:

Chairman Strong called for approval of the minutes of the 97th Meeting.    It was moved, seconded and approved to accept the Minutes of the 97th Meeting, as presented.  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, Executive Director, MX-SoCal, reported that the MX-VTS offers a unique look at the real-time “traffic picture” with its “Target Mapping” program – available by subscription on a limited basis to those entities with a “need to know” how and where ship traffic is moving in an our of LA/LB Harbor.  CAPT Aschemeyer also mentioned that Congresswoman Loretta Sanchez was actively supporting a “pilot project” to employ long-range satellite-based tracking of ships, with  the MX-SoCal formally applying for the grant money.  If her bill is successful, then the five (5) west coast MX’s (including those located  in Alaska, Puget Sound, Columbia River, San Francisco Bay, and Southern California) would all participate.
                          (2) CAPT Dick McKenna, Deputy Executive Director, MX-SoCal, reported that there were fourteen (14) reportable “incidents” since January 1st – nine (9) of which were “mechanical/propulsion problems”; and one (1) was a drifting radar reflector that had apparently fallen off a vessel.  There was one (1) “med-evac” incident to take a sick passenger off a ship, and one (1) “rules-of-the-road violation” (fishing vessel blocking a TSS lane).  We also had two (2) violations of the federal regulated navigation area (RNA) – one ship was caught speeding in the Precautionary Area – something rarely seen these days -- and another vessel took the sea buoy down the “wrong side”.  The VTS is averaging about 3 incidents per month – slightly up from last year.
             (3) CAPT McKenna reported that the “voluntary speed reduction program” (to reduce air emissions from ships) has been going well.  The MX-VTS monitors ships speeds from out at 20 miles, where they are asked to voluntarily slow to 12 knots.  The Ports of LA and LB are given the tracking information from the MX, and then statistics are maintained to determine compliance.   The MX is currently working to “automate” this process through their sophisticated NorControl VTS systems, whereby data will be transferred directly to the two port authority staffs for their review and analysis.   

(B) Update on USCG MSO/Group Activities:

In addition to those incidents reported in the USCG’s SCbriefing report (Please see attached report – HSC “Local CG Briefing” dated 04-06-04), CAPT Neffenger also called attention to the following items:

                        (1) A “Letter of Concern” went out to the owners/operators of the vessel that was cited for speeding in the Precautionary Area (as reported earlier).  The company has been directed to have the Master of that ship visit the MX-VTS on his next port call to LA/LB Harbor

                                     (2) A new “port security assessment” has been completed on behalf of the USCG by Northrop-Grumman on 55 “top tier” ports around the nation (including, of course, LA/LB Harbor).  Special considerations were given to possible threats to critical infrastructure that, if damaged or destroyed, could, indeed, shut down the ports.  The “draft report” should be coming out in a month or so, and once it is reviewed and vetted by the USCG, part of that report in final form will be shared with the public.  Some parts will have to be held as “classified” due to the sensitive security issues addressed.  

                        (3) There will be a “SONS” (Spill of National Significance) exercise conducted by the USCG and participating “first responders” in April (19 – 23), featuring a simulated explosion aboard a tank vessel outside LA/LB Harbor, resulting in a 1 million gallon release of oil into the water.  12 hours into that simulated incident, there will be a simulated barge collision in San Diego Bay, resulting in a significant oil spill, and which will be addressed by both U.S. and Mexican government agencies, as well as OSRO’s on both side of the border.  This drill will exercise a new concept for using a “National Incident Command”.

                        (4) The USCG will conduct several “public forums” next month to discuss and describe how they will review and perform the vessel and facilities security inspections that will be mandated after July 1st. 

                        (5) The USCG will be realigning and combining the various existing commands at major ports into what will be called “Sector Commands”.  For LA/LB Harbor, it will mainly be a “name change” – from “USCG Marine Safety Office/Group LA/LB”, to “Sector LA/LB”.  But for all intent and purposes, the players will be the same, and this name change will not affect how the USCG operates and serves the maritime community in this region.  

                        (6) The first “organizational meeting” for the Area Maritime Security Committee (AMSC) was held last month, and this group will meet monthly for the near term.  CAPT Neffenger encouraged all those interested or involved with “port security issues” to attend those sessions, and to voice their questions and concerns accordingly. 

(C) Update on OSPR Activities in Sacramento:

Mr. Carlton Moore was greeted and introduced by Chairman Strong, who thanked him for taking time from his busy schedule to be with us today.  Mr. Moore thanked and congratulated all those new members who were sworn in today to join the LA/LB HSC.  He also thanked all those who have been serving on the HSC, and he thanked the Ports of LA and LB for extending their hospitality to the group by allowing us to use their facilities. Mr. Moore then acknowledged Mr. Jim Rolin, who sits on this panel as OSPR liaison, for his outstanding dedication and contributions.  Mr. Moore then presented a comprehensive briefing on various items of mutual interest and concern, including the following main points:

                        (1) SB 1742 (a “clean-up Omnibus Bill” forthcoming in Sacramento) will make some timely and necessary adjustments to the original language in the Oil Spill Prevention and Response Act of 1990, which (among other things) deals with HSC’s in California.  Of special importance in the bill’s language is the provision for HSC’s to create as many “seats” on their respective panels as they deem necessary and prudent to address all the various safety and environmental issues that confront them, and to adequately represent pertinent constituencies for their region.  Mr. Moore stated that it was not OSPR’s intent to “micro-manage” the HSC’s in any way, and this ‘clean-up bill” will address all the “loose ends” to strengthen self-determination and autonomy for the HSC’s in California.

                        (2) Mr. Moore also gave a briefing on two other bills pending in Sacramento:  AB 2388 (Lowenthall) would require the LA/LB HSC to create a new “seat” especially for a representative from ILWU Local 68 (Los Angeles Pilots’ Organization); and SB 1480 (Sher) would require tug escorts for ALL vessel carrying “hazardous bulk cargoes”.  OSPR has not yet done an analysis on these two bills, nor has a position been taken in favor or opposed.  Mr. Moore promised to keep this panel closely advised in these matters. 

                        (3) The draft regulations for tug escorts for tankers at LA/LB Harbor will be presented later at the meeting today for approval.  These proposed regs take into effect the “tug manning and fatigue” study completed last year by the local USCG (and also the AWO-USCG joint report on tug manning and fatigue issues).  Joy Lavin-Jones (legislative analyst for OSPR) is here today to address any and all questions that may arise.  The Administrator is seeking approval of the draft language before the proposed regulations go out for “public comment.

                          (4) Mr. Steve Sawyer (staff counsel for OSPR) was introduced today to give a brief presentation on the “Brown Act”, which requires publicly appointed commissions and committees to give advanced notice of their meetings (including date/time/location), agenda, and “actionable items” (things to be voted on) to the general public.   This includes “public posting” of the meeting announcement and agenda – which can be at the Marine Exchange’s front door. 

                        (5) There will be no “competitive bid” process employed regarding the secretariat’s contract for the HSC’s in California.    With a change in the Governor’s office, new procedures have been approved to allow for the existing contracts to be renewed under the previous “sole source provider” concept.  Also, Mr. Moore stated that OSPR would add some money to that contract for the one-time purpose of funding the administrative costs for organizing and facilitating the upcoming National HSC Conference here in Southern California in February or March of 2005. 

                         (6) Mr. Moore announced that he had endorsed having the 2005 National HSC Conference here in Southern California.  This matter was discussed at the last National HSC Conference held in Florida in February  -- where Southern California was designated “by acclimation” as the site for the next gathering.  Capt. Aschemeyer mentioned that he had already contacted the four port authorities in the region, soliciting their financial support for this project.  He added that support and participation would be solicited from all the participants on the LA/LB HSC (and from their respective companies or organizations).  The gathering in Florida attracted about 300 delegates from ports around the country.  It is estimated that 400 may attend such a gathering held here in Southern California.  Capt. Aschemeyer stated that he would seek an “approval vote” from the LA/LB HSC in support of this event. 

                             (7) The “California Performance Review” (CPR) Committee – consisting of representatives from the private and government sectors – will be meeting to study and produce recommendations to the Governor on “how government should look” for the future (with an emphasis on consolidating agencies, cutting costs, eliminating waste, and the like).  Along those lines, there is speculation that OSPR might be moved from the Department of Fish & Game into the Department of Emergency Services – if there is benefit in doing so. 

                              (8) Regarding this committee’s recent involvement with the “LNG Issue” (as requested by Cal-EPA Secretary Terry Tamminen, who had been a member of the LA/LB HSC for many years), Mr. Moore complimented and congratulated the panel for their willingness to address these important issues. 

(D) Update on Local OSPR Activities:

                           (1) Mr. James Rolin introduced several of his colleagues, including Jack Geck (who sits on the “LNG Work Group” panel as representing OSPR; Laura Jansen, who will be representing OSPR at the HSC in Port Hueneme; and Dennis Chastain who will be Jim’s alternate to represent OSPR on the LA/LB HSC. 

                        (2) Mr. Rolin thanked Capt. Manny Aschemeyer and Capt. Dick McKenna at the Marine Exchange for their ongoing help and professionalism with the LA/LB HSC, and especially with their assistance for getting the secretariat contract renewal information completed    

 (E) Update on California State Lands Commission Activities:

Mr. Gary Gregory reported on the following –

                        (1) The final regulations on the “Ballast Water Fee”, along with the “Otter Form” for reporting, was permanently adopted by the California State Lands Commission at a meeting this week in Sacramento. The new ballast water regulations went into effect last February (including increasing fees from $200 per ship call to $500 per ship call).  Ballast water report forms are now required at ALL California ports, and not just the first port call. 

              (2) AB 433 (The Invasive Species Act) is the platform legislation that required CSLC to set up the “California Ballast Water Program”, and which also authorized a “Ballast Water Fee” to be collected from ships calling at California ports.  Mr. Gregory has produced – as requested at the last meeting – a four-page “briefing document” to be distributed to all interested parties as a mean of explaining and describing what the California Ballast Water Program does, what the fees are for, etc.

                            (3) The CSLC will conduct its annual “Prevention First” Symposium on September 14-15, to be held at the Westin Hotel on Long Beach. 

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

(N O N E)

ITEM III -- NEW  BUSINESS:    

(A) Sub Committee Reports:

                    (1) S/C # 1 (Navigation Safety) -- Capt. John Strong, Chair:  Meeting minutes covering the previous session of this panel distributed and discussed.  Items addressed: establishing special anchorage sites for mooring buoys for barges; L.A. Harbor dredging and construction projects; new proposed tug escort regs; conflicts between tugs-and-tows and fishing vessel’s gear; HSP Review. Regarding the proposed changes to the tug escort regs., Capt. Strong asked that a vote be taken to approve the revisions as presented to the members a month ago via e-mail.  It was M/S/A to accept the new revised draft proposal on tug escort regulations.  The next step will be for OSPR to place these proposed changes as part of the “public comment period”, which will begin in several weeks.  Next meeting of this panel will begin this afternoon at 1330 at the POLB Admin Bldg.

                     (2) S/C # 2 (Planning and Communications) – Capt. Bent Christiansen, Chair:  This panel has met twice since the last LA/LB HSC session; they will meet again this afternoon at the POLB Admin Bldg., right after the meeting of S/C # 1 is completed.  Focus is still on a pamphlet directed toward recreational boaters operating in and around the harbor. Work on this project is in the final stages.  Rob Hughes, OSPR’s Public Affairs guy in Sacramento, has lent his support and help for publishing the pamphlets soon.  

                      (3) LNG WORK GROUP  -- Garry Brown, Chair:  This panel was formed at our last meeting, in response to a letter and telephone calls from Terry Tamminen, former member of this panel (representing environmentalists), and now the Secretary of Cal-EPA in Sacramento.  Two meetings were conducted – the first turning out to be a “Town Hall Gathering” that included (in addition to members of the LA/LB HSC) representatives from community activist groups, other environmental interests, LNG terminal applicants, government agencies, elected officials, port authorities, and others. The second session was established as a “core participants” meeting, with about 12 people participating.  Copies of the meeting minutes have been distributed to all here today.   Coming out those two meetings were:  (a) a qualified “mission statement” that set specific parameters on what this panel would look at and address; and (b) findings on “standards of care” and safety protocols that were already in place for handling other “bulk hazardous cargoes” (including crude oil, refined petroleum products, and LPG) that could be -- and would be -- readily applied to the handling of LNG ships that may call into LA/LB Harbor for the future.  With those findings, this panel has recommend that a letter of response be sent to Secretary Tamminen from the LA/LB HSC, expressing our satisfaction and comfort that LNG ships can be safely handled at LA/LB Harbor, based on existing safety protocols already in place, and given the “standards of care” outlined in our LA/LB Harbor Safety Plan to deal with such vessels. Capt Neffenger (USCG) stated his support for the work and findings this panel has produced, and strongly endorsed the applications of existing “standards of care” and safety protocols for the handling of LNG ships at LA/LB Harbor.  After some additional discussions, it was M/S/A to approve the draft letter (with attachments) as presented here today, to be sent off to Secretary Tamminen at the earliest.  This panel will continue to meet in an effort to educate and inform the LA/LB HSC (and the general public) on safety issues regarding the movement of LNG vessels at LA/LB Harbor, as well as to provide information on what is being done at other ports – both domestic and foreign – to enhance safety for transiting LNG vessels, and while they are berthed and transferring their cargo.  Future meetings will be announced.

(B)  Other New Business

(1) Capt. Jim Morgan proposed that the LA/LB Harbor Safety Plan be distributed solely by posting to the Marine Exchange web site, and that no “hard copies” need be mailed out to the members, alternates, or general public every year.  He pointed out that this was, in fact, the de facto practice in place now, but felt it was prudent to formalize this procedure for the future. The current LA/LB Harbor Safety Plan has been posted on the MX web site (www.mxsocal.org) for several years now, and that is the best way to see and use the plan, in his opinion.  After some discussions, it was M/S/A to instruct the Marine Exchange (as secretariat to the LA/LB HSC) to post the revised LA/LB Harbor Safety Plan to their web site each year, and that an original, signed document would be on file at the MX for anyone to see, or to make a “hard copy” for those who have no computer access.  Additionally, as in the past, copies of the latest LA/LB HSP will be made available on CD-ROM for those requesting same. Proper notices will be sent out to the general public to announce how, where, and when the LA/LB Harbor Safety Plan can be found and/or obtained.

                    (2) Capt. Aschemeyer circulated a revised “roster” for the LA/LB HSC, and asked that members and alternates check to see that the contact information shown for them is accurate. 

 (3) Copies of the revised “California MTS Infrastructure Needs Report” are available to all interested parties.  If additional copies are needed, contact Capt. Aschemeyer at the MX.  This document can also be seen on the MX web site at www.mxsocal.org (click on MTS program). 

 ITEM  IV -- QUESTIONS/COMMENTS FROM THE PUBLIC:

Mr. Bob Poole, representing the Western States Petroleum Association (WSPA), made a brief presentation on the production of the USPS “Safe Boating Test #2” video, that will address Port Security issues for recreational boaters.

Ms. Bry Myown thanked and complimented the LNG Work Group for the work they had done thus far, and for getting the word out to others on what had been accomplished through their findings.  While she agreed that the panel had addressed the narrow focus regarding the safe navigation of ships at LA/LB Harbor, she cautioned that there were many other points of concern (including terrorist threats and piracy attacks on LNG vessels) that would need to be addressed by the Area Maritime Security Committee.  She further requested that in the letter being sent to Secretary Tamminen, efforts should be made to stipulate where (and to whom) the LA/LB HSC is deferring judgment on issues like “terrorist attacks” against LNG Ships – so as not to give a “blanket assessment” that the movement of LNG Ships within LA/LB Harbor is, indeed, considered “safe and secure”.  Capt Neffenger assured Ms. Myown that she and her colleagues would be welcome to attend the upcoming meeting of the AMSC, and that their concerns would be duly noted and addressed by that panel. 

Mr. Pete Korody, Inland Boatman’s Union (and Alternate for the organized labor seat on the LA/LB HSC) – spoke out in opposition to the revised wording approved today for the tug escort regulations.  He stated that the approved draft was merely a “band-aid” approach towards fixing a much more serious problem, and suggested that more attention needs to be paid to the issues of safety and fatigue.   

ITEM V -- MEETING SCHEDULE:

The next regular meeting for the LA/LB HSC will be held on the 2nd of June, 2004, at the Port of Los Angeles Administration Building, in the 2nd floor auditorium, beginning at 9:30 a.m. (breakfast reception). Announcements and materials will be mailed out to all interested parties in mid-May.

ADJOURNMENT:

There being no further business to discuss, the meeting was adjourned by the Chairman at 11:35 a.m.

Respectfully submitted,
Capt. Manny Aschemeyer, Executive Secretary

Harbor Safety Committee “Local CG” Briefing (7 April 2004)

SONS is scheduled for April 19-23rd.  Chevron, Texaco, Conoco Phillips are major player in this exercise.  This exercise wills tests RIC/NIC, MEXUS and Dispersant Plans. International Interest - VIPs from Russia, St. Petersburg, Switzerland and many local VIPs from congressional staffs.

PSA - The U.S. Coast Guard Port Security Assessment Team recently conducted an assessment of the Ports of Long Beach, Los Angeles and Hueneme CA.   The purpose of the assessment is to determine security vulnerabilities and develop suggestions to improve security at these California ports.  The U.S. Government directed this assessment be completed for the top 55 military, strategic and economically important U.S. ports.  We expect a draft report in approximately 30 days.  Using the data collected from a variety of ports, the Coast Guard will be able to perform trends analysis and identify the most critical issues facing our nations ports, with an end goal of protecting one of the nations most critical assets: our ports.  

Maritime Transportation Security Forum – We are planning a forum in late May or early June to communicate specifically how the U.S. Coast Guard plans to verify compliance with the MTSA and the International Ships and Port Facilities Code.  The purpose is to explain how the Coast Guard will perform vessel and facility security inspections. 

Security vs Safety - TRANSMARINE rcvd notice of Connolly tug and barge 450-6 was due to arrive at LA118 to discharge oil. As per Part 165 Navigation and Navigable Waters, Section 1651151 no vessel is allowed to approach within 500yds when the LHG is moored unless granted permission from the COPT. If permission had not been granted, the LHG would have had to stop operations get U/W to an anchorage. Allow the barge to come in and tie up then transit back to berth and start operations again. COTP granted permission for the transit of the barge past the LHG while at berth as we balance safety and security on case-by-case basis.   

LNG Work Group - While this work group will address some of the issues that COTP would require, there are potentially many others that will not be addressed.  However, COTP suggests that this Harbor Safety Committee LNG work group convene as needed to address safety and security issues associated with LNG operations in the Port of Los Angeles-Long Beach.  COTP would also like to review and examine the LNG work group report before the report is send to the State.