Harbor Safety Committee Minutes

WEDNESDAY, 06 OCTOBER 2004

The One Hundredth 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 10:15 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 PILOT ORGANIZATION
Ms. Yvonne Allen (Ch.Wharf.)		(ABSENT)	Capt. John Strong (JPS)

FOR THE TANKER OPERATORS		FOR THE LOS ANGELES PILOT ORGANIZATION	FOR THE MOORING MASTERS
(ABSENT)		Capt. Mike Rubino (POLAPS)	(ABSENT)

FOR TUG & BARGE OPERATORS		FOR THE DRY CARGO CARRIERS	FOR RECREATIONAL BOATERS
Mr. Jeff Browning (Sause Bros.)		Mr. Philip Wright (Zim)	Mr. Tom Dessel (Coast Marine, Inc.)

FOR ORGANIZED LABOR		FOR THE CALIF. COASTAL COMM.	FOR THE MARINE OIL TERMINAL OPERATORS
Mr. John C. Cox (SIU)		Ms. Robin Blanchfield	Capt. Jim Bobbitt(BP)

FOR THE U.S. COAST GUARD		FOR ENVIRONMENTAL GROUPS	FOR ENVIRONMENTAL GROUPS
Capt. Peter Neffenger, USCG; CO & COTP, MSO/Group LA/LB		Mr. Garry Brown (Orange County CoastKeeper)	(ABSENT)

FOR THE CDF&G/OSPR		FOR PASSENGER FERRY OPERATORS	FOR THE USACOE
Mr. James Rolin, Field Rep.		Capt. Ray Lyman (Catalina Express)	Mr. Jim Fields
FOR THE CALIF. STATE LANDS COMM.			FOR THE U.S. NAVY
Mr. Gary Gregory			CDR Thomas Fontana

	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 all 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. And he thanked Capt. Aschemeyer for providing the “100th Meeting Cake” to celebrate that milestone event this morning.

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.

ITEM I -- APPROVAL OF MINUTES:

Chairman Strong called for approval of the Minutes of the 99th Meeting. Mr. Cox moved, seconded by Capt. Lyman, to accept and approve the Minutes of the 99th 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 & VTS-LA/LB Harbor, reported on the serious “congestion problem” that has been evident at LA/LB Harbor, going back into late June. The vessel traffic “peaked” last weekend when there were 94 ships in port, with over half of them at anchor awaiting labor and/or berths. During September, LA/LB Harbor was averaging 70+ ships in port each day, with about 35-40 at anchor. Questions have been asked about how this current congestion situation compares to the one we experience two years ago, during the labor-management “lockout” – it’s not as bad as that one. During the “lockout” in October of ’02, we “peaked” with 129 ships in port and over half at anchor. Meanwhile, the VTS has been assigning ships to the “contingency anchorages” located off Huntington Beach. There is room for 12 ships to anchor there; thus far, we’ve only had 3 ships anchored there at any given time. These “contingency anchorages” are USCG approved, with the ships position no closer than 3 miles offshore. As to when this congestion situation might ease at LA/LB Harbor – it’s anybody’s guess. Nearly thirty (30) ships have been diverted since last June to other ports to avoid the delays at LA/LB Harbor. Unfortunately, that has not helped to ease the congestion at LA/LB Harbor to any great extent. We are experiencing an ever-increasing flow of consumer goods coming into America to supply the stores for their Christmas Holiday items -- and the ships are getting bigger as well –- with several arrivals of the “mega” containerships carrying 8,000+ TEU’s aboard. Hence, the congestion situation at LA/LB Harbor will most likely continue into the New Year.

(2) Capt. Dick McKenna, Deputy Executive Director, MX-SoCal & VTS-LA/LB, reported on the incidents recorded since the last meeting of the LA/LB HSC. At the June meeting he had reported a total of 22 incidents for the year (most of which were propulsion-related). There have been five (5) more incidents reported since then (all propulsion-related), making a total of 27 year-to-date. Since most of these propulsion-related “incidents” have occurred inside the Precautionary Area (as the ships are making their final approach into LA/LB Harbor, Sub-committee #1 is exploring the adoption of a new “standard of care” that would require all vessels to test their engines PRIOR to entering the Precautionary Area, so that their propulsion systems are “good to go” when the pilot boards the vessel (and no “surprises”).

(3) Staff from Coast Guard HdQtrs visited the VTS last June to observe AIS operations and to hold a workshop and conduct an evaluation with the VTS and the pilot organizations. The VTS for LA/LB Harbor received high marks for its operations procedures, its training program, and its equipment and systems employed.

(B) Update on USCG MSO/Group Activities:

Presented by Capt. Peter Neffenger, USCG – CO & COTP - MSO/Group LA/LB.

(1) There are 22 charted federal anchorages located out side the breakwater at LA/LB Harbor, and 28 “contingency anchorages” have been approved by the USCG and added thereto. The “contingency anchorages” are not charted; however, they are accurately plotted on the VTS vessel tracking system displays, and anchorages are assigned by giving the vessel masters the “center point” of the anchorage (latitude & longitude) where he should “drop the hook”.

(2) The Coast Guard closely monitors all the ships at anchor, using helicopter patrols as well as surface patrols by boat. They watch for safety and security, of course; but they also watch for any pollution that might occur “out there” (throwing garbage over board, pumping oily bilge water over the side, fuel spills, etc.).

(3) The Coast Guard has arrested the M/V KATERINA (as of 15 September) for violation of Port State Control safety standards, SOLAS requirements, ISM codes, as well as for oil pollution regulations. The Captain, Chief Engineer, and 2nd Asst. Engineer have all been arrested as part of a criminal investigation now underway. Additionally, it was discovered that the crew were forced to live in spaces flooded by raw sewage, with no mattresses, and other uninhabitable circumstances. Several crewmembers have been taken into custody as well, as “material witnesses” to this case. The rest of the crew was sent home, and a new crew (and Captain) has been flown in to man the ship. Until repairs and corrections have been made to the vessel, no cargo discharge operations will be permitted.

(4) Enforcement of the ISPS and MTSA code requirements (which went into effect on July 1) are in “full swing” now by the USCG. There have been about a dozen ships that have arrived with some deficiencies in compliance – but over all the compliance has been excellent. However, Capt. Neffenger warned that there are several terminals that are still operating under “interim letters” (which the end of this month), and come December 31st, ALL terminals must be totally compliant with ALL ISPS and MTSA security regulations and procedures (including the filing of a formal “facility security plan”). He has sent out “reminder notices” to all those terminals that are still not fully compliant (with no security plan on file) – and he warned that he will have “no discretion” regarding the enforcement of law against those terminals that are non-compliant, and they will be shut down accordingly.

(5) More USCG “presence” will be in place throughout the LA/LB Harbor, including both water-side and shore-side. This is in keeping with the new port security requirements for a “more vigilant” status, with 24/7 patrols in place to monitor terminals, berths, anchorages, and waterways.

(6) Capt. Neffenger introduced LT. Peter Gooding, new Chief of the Waterways Management division at the MSO. He was recently transferred here from USCG HdQtrs in DC, and rhe relieved LT Ryan Manning (who has moved to another position and job at the MSO).

Mr. Jim Rolin reported on the following items:

(1) The Governor has “vetoed” AB 2388, which would have provided a “special seat” on the LA/LB HSC for a representative of the Los Angeles Port Pilots Assoc. (ILWU Local 68). The Governor approved SB 1742, however, which, among other things, provides local HSC’s the opportunity and flexibility to add (and/or remove) seats on their panels for the purpose of getting the representation and expertise they deem appropriate and necessary. Excerpts from SB 1742 were distributed to the committee this morning (and copies also made available to the audience).

(2) Title 14, Section 800-- proposed rule-making -- came out of the HSC “Summit Meeting” last month, where all the HSC’s from around the state met with the OSPR Administrator and his staff to consolidate their recommendations and input for regulatory changes and implementations. It will make it easier to change items for the state’s HSC’s, since the procedures are not “cast into state law”, but rather are located in state rules & regulations (which are more accessible and changeable).

(3) Regarding the HSC “Summit Meeting”, the OSPR Administrator has sent out a “re-cap report” on that session, and copies were distributed to the committee and audience this morning for their review and advice.

(4) The tank vessel tug escort program for LA/LB Harbor was approved on Sept. 24th in Sacramento, and it goes into effect on October 27th. The full text of the regulations is available at a web site – contact Mr. Rolin to obtain the “link”.

(5) The OSPR Administrator has not yet made his final selection for appointing representatives to fill the “open” seats for the Los Angeles Pilot Organization, and the Recreational Boat Operators; hence, those representative cannot be “sworn in” at this time (as was anticipated by the committee). It is hoped, now, that the OSPR Administrator will make his final decision at the earliest opportunity, so that the new members can be “sworn in” at the next HSC S/C meeting scheduled in November. Regarding the selection of “alternates”, the representatives will still have the prerogative to select whom they want to sit in for them when they are absent, but under the new law (SB 1742) all alternates will be officially appointed by the OSPR Administrator, and “sworn in” accordingly. Under the old system, the alternates were not “officially appointed”, although they were “sworn in”.

(D.) Update on Local OSPR Activities:

Mr. Rolin on the following items –

(1) As of October 1st, the Marine Safety Branch of OSPR has started “active boarding” of non-tank vessels (focusing mainly on those ships that have never arrived at LA/LB Harbor in the past). OSPR will be looking for compliance on having the proper and current COFR for oil spills; adequate contingency plans for oil spill response; and the proper execution of an “unannounced drill” aboard ship to determine if the crew is properly trained and exercised in such matters. Some ships have failed on those “unannounced drills”.

(2) OSPR is also conducting “unannounced drills” with ACTI (local first responder) to determine if they can handle the demands for responding to various oil spill scenarios. These drills are “performance-based”, and require proof that the responder can handle the job, with both equipment and manpower, within the two-hour, four-hour, or six-hour time constraints.

(E.) Update on California State Lands Activities:

(1) Mr. Gary Gregory reported that the CSLC is boarding every new tank vessel that calls into LA/LB Harbor (or El Segundo). In addition to CSLC program requirements CSLC checks for OSPR required Certificates of Financial Responsibility and Contingency Plans then reports back to OSPR with those findings, pursuant to an interagency agreement in place between those two organizations.

(2) State Lands hosted a very successful “Prevention First 2004” symposium in Long Beach September 14-15. There were 62 separate sponsors for this event, and 450 attended from all over the state and from around the country (a new record). 95% of the post-conference evaluations that came in rated the PFS as “good” or “very good”. Gerry Wheaton from NOAA publicly thanked CSLC for conducting this successful symposium, and stated that it offered the “ideal forum” for addressing a host of important issues.

(3) Mr. Gregory introduced Mr. John Brown (supervisor of the CSLC’s Marine Facilities Division Southern California Field Office) as his alternate to the LA/LB HSC.

(4) A meeting of the California State Lands Commission will take place this afternoon in Huntington Beach, and the public is invited to attend.

(5) The “OTTER” program (Oil Transfer and Transportation Emission and Risk Reduction Act) is in full swing, with regular reports coming in from the industry to CSLC. This info is being compiled, “sanitized” (company names and other specific references removed), and correlated on a quarterly basis, with the results to be posted on the CSLC web site in the future.

(6) The CLSC’s “Ballast Water” Program has added 5 new staff to allow for more boardings and tank inspections, and to work on the studies and regulations required by the Marine Invasive Species Act.

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

Mr. Jim Fields indicated that the POLA Main Channel Dredging project is ongoing and can be expected to continue through to April 2005 based on additional work requested by the Port. The electric-powered dredge “FLORIDA” is currently employed there. The “spoils” are going to the “Least Tern site” (shallow water habitat) for now. There is some talk about extending Pier 300 to the east, but the port authority does not have their EIR completed on that as yet.

ITEM III -- NEW BUSINESS:

(A) Sub Committee Reports:

S/C # 1 -- Capt. John Strong, Chair: Meeting minutes covering three previous sessions of this panel were distributed and discussed.

(1) The Sub-Committee has been meeting with the towing industry, represented by Mr. Jeff Browning, and with the fishing industry (represented by several entities and individuals), to help each group understand the constraints on each other as they operate in the Precautionary Area. Great strides have been made in this regard, and new operating guidelines for each group have been published and are now posted on the Marine Exchange web site at www.mxsocal.org .

(2) The panel also looked into the many “propulsion failure” incidents (reported by the VTS), and worked with the PMSA to get word out to the various ship owners & operators to have them test their engine systems BEFORE entering the Precautionary Area.

(3) The panel also addressed an incident where a small skiff was swamped and overturned by “prop wash” coming from tugs assisting a ship to dock in “channel three” in POLB. Two adults and three children were aboard at the time, and one of the adults was actually washed under a nearby barge (but he came up OK on the other side, fortunately). Several nearby tugs had tried to warn the operator of the small boat that he was “standing into danger” by making that transit —but to no avail. It was lucky there were no fatalities in this incident. The S/C determined that there needs to be a much better educational outreach to the recreational boaters, to point out these hazards and dangers to them.

(4) The S/C has also worked with NOAA to establish procedures for mooring unmanned barges in the harbor.

(5) And finally, Capt. Strong announced that he would be stepping down as Chair of S/C # 1, due to other duties and responsibilities he must address at work – and he is turning that panel over to Jeff Browning, who will be the new Chairman.

(6) S/C # I will meet again this afternoon at the Sause Bros. Towing Co. Offices on Pier D Avenue in the Port of Long Beach, beginning at 1330 hours.

S/C # 2 – Capt. Bent Christiansen, Chair, this panel has met twice to finalize a general safety pamphlet directed toward recreational boaters operating in and around the harbor. This panel will also look into developing a new brochure for recreational boaters dealing with Rule 5 and Rule 9 of the COLREGS. S/C # 2 will meet again this afternoon, immediately following the S/C # 1 meeting at the Sause Bros. Towing Co. offices.

(B) Annual Review of the LA/LB Harbor Safety Plan, for 2005:

(1) Capt. Strong announced that the LA/LB HSC would have to observe a more structured approach regarding the “annual review process”. Over the past two years, we have gotten away from the proper procedures and policies regarding how, when, and where the revisions are made to the LA/LB HSP. We will return to those proper procedures and policies this year, especially as it refers to gaining public review and comments before the revisions are adopted. To help with this process, chapters will be assigned to various committee members, as follows --

(a) Chapters I – IV, & VIII (Geographic Boundaries; Weather, Tides & Currents; Aids to Navigation; Anchorages; Bridges) – U.S. Coast Guard, Capt. Neffenger, LT Gooding

(b) Chapter V (Harbor Depths) – USACOE, Jim Fields

(c) Chapters VI, VII, VIII, & XI (Contingency Routing; Accidents, Spill, Near Misses; Communications; Vessel Traffic Service) -- USCG, Capt. Neffenger, and MX-VTS Capt. McKenna

(d) Chapter X (Small Recreational Boats) – Tom Dessel

(e) Chapter XII (Tug Escort for Tank Vessels) – Capt. Norman George (MTL)

(f) Chapters XIII, XIV, & XIX (Pilotage, Under Keel Clearance, and Reduced Visibility operations – Capt. Strong, Capt. Rubino, Capt. Miller

(g) Chapter XV (Economic Impact of HSP) – CSLC, Gary Gregory

(h) Chapter XVI (Environmental Impact of HSP) – Garry Brown, Or. Co. CoastKeeper

(i) Chapter XVII (Plan Enforcement – OSPR, Jim Rolin

(j) Chapter XVIII (Marine Oil Terminals) – Capt. Jim Bobbitt (BP)

(k) Executive Summary – Capt. Manny Aschemeyer, Capt. John Strong

(l) VTS Users Manual – MX-VTS, Capt. Dick McKenna

(m) VOP Quick Reference – Capt. John Strong

(n) Appendices – to be reviewed by ALL those listed above to determine what applies to their particular Chapters, what should be kept, what should be removed, and what should be revised.

(2) HSP Review Timetable:

· At the December Meeting: Identify and approve all Chapters where NO revision or change is necessary; public comments encouraged.

· At the February Meeting: Identify and present all Chapters where it is determined that change and revision is necessary; provide rough drafts for review and discussion; public comments encouraged.

· At the April Meeting: Present final drafts on ALL Chapters to be revised, re-formatted, or changed in any way for final review and discussions by the HSC, and with opportunity for public comments.

· At the June Meeting: Final vote taken by LA/LB HSC on accepting, approving, and adopting ALL revised Chapters – final approval for the Revised 2005 HSP. Public comments encouraged.

(1) AMSC: The Area Maritime Security Committee (Chaired by Capt. Peter Neffenger, USCG) will be meeting on a quarterly basis, with the next session schedule for November. Capt. John Strong, (Chair of the LA/LB HSC) is a voting member of the AMSC. The primary current focus of the AMSC is to identify all the “first response” capability that exists within the LA/LB Harbor region. “Response Planning” is an integral part of that focus as well.

(2) 2005 National Harbor Safety Committee Conference: The LA/LB HSC is the “host committee” for this event, which is being sponsored by OSPR, and (hopefully) by the four port authorities in the region (POLA, POLB, POH, POSD will all be asked to become sponsors for this event). The Marine Exchange has been appointed by OSPR to be the “Facilitator” for this event. The Conference site has been established at the Long Beach Hyatt Regency Hotel, where room rates have been obtained for those attending the conference and staying there. A “National Conference Planning Committee” (Chaired by Capt. Strong) has been formed, which meets every other week via telephone conference call, to work on developing a conference “theme”, identifying panel discussion topics, selecting keynote speakers & moderators, and the like. Capt. Strong is encouraging ALL of the local HSC’s (Port Hueneme, LA/LB, and San Diego) to be a part of this process by providing input for panel topics, speakers, and events. A local “Logistics and Budget Planning Committee” has also been created, Chaired by Capt. Manny Aschemeyer, to deal with all the “nuts & bolts” of putting this conference together – selecting the conference site & venue (done), planning social events, arranging for meals and coffee breaks, establishing the budget, obtaining sponsorships from the waterfront business community & port authorities, arranging for online registration, organizing space for information booths & table-top displays, and the like. Gerry Wheaton from NOAA expressed his agency’s keen interest in being a part of this important gathering, and to help HSC’s learn how to integrate their good efforts with state and federal agencies that are there to help them.

(3) Tanker Operator Alternate: Although the Alternate for the Tanker Operators seat (Capt. W.G. “Tom” Tomasovic, with Alaska Tanker Co.) has been relocated to Portland, Oregon, he confirmed with the Executive Secretary this week that he will continue on as “alternate” for the Tanker Operator’s seat, with his company’s blessing and purpose. He will also be serving on the HSC’s located in San Francisco Bay and Puget Sound.

(4) U.S. Navy Representative: Capt. Aschemeyer introduced CDR Tom Fontana, USN, who has volunteered to serve on the LA/LB HSC as “U.S. Navy Representative” (non-voting participants, un-appointed, indefinite terms). He is in charge of the Navy’s “Port Operations” for the SW Region -- including San Diego (where he’s Headquartered), Seal Beach NWC, and Port Hueneme’s CB Base. He will be attending all future meetings of the LA/LB HSC, and will appoint an alternate to work with him. CDR Fontana already sits on the HSC for San Diego Bay, and he hopes to get involved with the HSC in Port Hueneme, too. Capt. John Strong called for a motion to approve CDR Fontana for filling the vacant USN seat on the LA/LB HSC. M/S/A by unanimous vote. CDR Fontana spoke briefly, thanking the committee for allowing him to serve, and expressing his eagerness to become part of the “team”

(5) Lorraine McKinney will be mailing out CD’s to all members & alternates of the LA/LB HSC containing the new, revised LA/LB Harbor Safety Plan for 2004. Copies of the HSP are also available on the Marine Exchange web site at www.mxsocal.org. A limited supply of “hard copies” of the LA/LB HSP for 2004 is also available at the MX.

(6) Jim Rolin (OSPR) reviewed the qualifications and procedures for becoming an appointed, voting member of the HSC. He brought this up in light of the fact that there have been some individuals who only ATTEND the HSC meetings – and who have not been appointed by the OSPR Administrator to a designated seat, nor have they been “sworn in” -- representing themselves to others as being “a member of the HSC”. You are NOT a “member” if you have not gone through the application process, been officially appointed by the OSPR, and then “sworn in” to your seat by an OSPR official. However it should be noted, the membership selection process for representatives of the federal government, and state agencies, is handled differently than non-governmental representatives.

(7) Capt. Strong encouraged all Representatives to confirm their choice for an Alternate, and then we can have all those Alternates officially “sworn in” at the February meeting, pursuant to the new procedures contained in SB 1742.

ITEM IV -- QUESTIONS/COMMENTS FROM THE PUBLIC:

Mr. Carlos Cordon, speaking as a private citizen, addressed the committee about his concern over the lack of proper manning at MSRC for adequately responding to oil spills and other emergencies. He also stated that some of the critical equipment is moved from location to location, so it’s not always available to respond at LA/LB Harbor, as it should be. Mr. Jim Rolin (OSPR) offered to meet with Mr. Carlos Cordon after the meeting to discuss this matter further, stating that it was an “important interest topic for OSPR” to look into.

ITEM V -- MEETING SCHEDULE:

The next regular meeting for the LA/LB HSC will be held on the 1st of December, 2004, at the Port of Long Beach Administration Building, in the 6th floor auditorium, beginning at 9:30 a.m. (breakfast reception). Announcements and materials will be mailed out to all interested parties in November.

ITEM VI -- ADJOURNMENT:

With no further business to discuss, Chairman Strong adjourned the 100th Harbor Safety Committee meeting at 11:30 a.m.

Respectfully submitted,
Capt. M.H.K. Aschemeyer
Executive Secretary
LA/LB Harbor Safety Committee

Harbor Safety Committee “Local CG” Briefing (6 October 2004)

Port of Long Beach

1. Introduction

2. M/V Katerina – Vessel detained for violations of SOLAS, MARPOL, ISM and ISPS Code

3. Port Congestion:

a. Outside the break wall, the VTS and Marine Exchange have 22 federally regulated anchorages. Currently, there are approximately 30 vessels anchoring outside the break wall. As a result, the VTS/MX is using the contingency anchorages that we have set up to handle the traffic. The majority of the contingency anchorages (16) are next to the federal Foxtrot and Golf anchorages. However, we also have 12 contingency anchorages off of Huntington Beach. And for the last two weeks, we have had approximately 3 vessels moored in Huntington Beach.

b. The continued outlook appears to have a constant flow of approximately 15 vessels arriving and 15 vessels departing from the port area.

4. Maritime Transportation Security Implementation

a. Since the last meeting, we have passed the July 1, 2004 implementation date for implementing MTSA/ISPS. Thanks for everyones hard work.

b. The next deadline is October 31, 2004. At this time, all interim Letters of Approval and Letters of Authorization will expire.

c. The Coast Guard is also busy doing 24 hour harbor patrols to check the security of facilities and the port.

5. Conclusion