Harbor Safety Committee Minutes

MINUTES OF THE ONE HUNDRED AND FIRST MEETING
OF THE LA/LB HARBOR SAFETY COMMITTEE

WEDNESDAY, 01 DECEMBER 2004

The One Hundred and First 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 10:00 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.)		Capt. Jim Morgan	Capt. John Strong (JPS)

FOR THE TANKER OPERATORS		FOR THE LOS ANGELES PILOT ORGANIZATION	FOR THE MOORING MASTERS
Capt. W. Tomasovich (ATC)		Capt. Mike Rubino (POLAPS)	Capt. Mike Miller (Chevron/Texaco)

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

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

FOR THE U.S. COAST GUARD		FOR ENVIRONMENTAL GROUPS (SANTA MONIKA BAY)	FOR ENVIRONMENTAL GROUPS (LA.LB HARBOR REGION)
Capt. Peter Neffenger, USCG; CO & COTP, MSO/Group LA/LB		Ms. Tracy Egoscue (Santa Monica BayKeeper)	(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. Mr. Gary Gregory		FOR NOAA/NOS Mr. Gerry Wheaton	FOR THE U.S. NAVY (ABSENT)
	EXECUTIVE SECRETARY
	Capt. M.H.K. Aschemeyer (MX-SOCAL) 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 (and to Yvonne Allen, 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 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 located on the table just outside the meeting room. 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 100th Meeting. Mr. Cox moved, seconded by Capt. Tomasovich, to accept and approve the Minutes of the 100th 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 and VTS-LA/LB Harbor, reported that the serious “congestion problem” at LA/LB Harbor (going back into late June) was apparently “over”. The vessel traffic “peaked” in mid-October, when there were 94 ships in port, with over half of them at anchor awaiting labor and/or berths. Over 100 ships have been diverted since last June to other ports to avoid the delays at LA/LB Harbor. But while the waterside congestion has eased, the landside congestion continues, with “substantial delays” being reported at many terminals for the pick up and delivery of containers and cargo. Capt. Aschemeyer saluted and commended his staff at the MX-VTS for their professionalism and dedication in successfully meeting the challenges before them during this extraordinary “congestion period” (which lasted nearly 6 months).

(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 October meeting he had reported a total of 27 incidents for the year (most of which were propulsion-related). There have been six (6) more incidents reported since then (5 were propulsion-related), making a total of 33 year-to-date. Since most of the 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”). There was one “port security” incident when a squadron of Korean destroyers arrived without advanced notification through normal State Department and US Naval channels. Capt. Peter Neffenger and his staff at MSO were able to clear the matter up, but it did involve some delay to those arriving warships. It also confirmed that the VTS was keenly alert and aware to any ships arriving in their AOR without proper clearances, and their reaction and follow-up was excellent in this situation.

(B) Update on USCG MSO/Group Activities:

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

(1) There was a “Notice of Proposed Federal Regulations” published in the Federal Register on 11/05/04, with the “public commentary” period running until January 4, 2005. The new regulations provide for the following:

(a) Identify and formalize 3 new anchorages in Avalon Bay, off Santa Catalina Island (where passenger cruise ships can safely anchor now);

(b) Also, the new regulations propose to enlarge the “Foxtrot” anchorages outside the federal breakwaters at LA/LB Harbor to accommodate the largest vessels now calling here;

(c) And finally, the NPFR identifies and establishes “special anchorages” inside the federal breakwaters (on the POLB side) for vessels less than 65 feet LOA (yachts, fishing boats, etc.) -- and for barges, scows, canal boats, dredges, work boats, and other “non-descript vessels”-- where they would not be required to sound fog signals in limited visibility situations.

(2) The AIS requirements for ALL vessels go into effect December 31st. The NPFR was published over a year ago, and announced that “All self-propelled vessels 65 feet and over LOA, engaged in commercial service --other than fishing vessels and passenger vessels carrying fewer than 150 passengers—and all towing vessels more than 26 feet LOA (or more than 600 HP) engaged in commercial service, and all passenger ships carrying 150 or more passengers. This is an “International Requirement” as well, under SOLAS provisions. Hence, any requests for delays or waivers in implementation will have to seek that from the USCG Commandant’s office – there is no local authority to review such requests --and it’s highly unlikely that the Commandant will grant any such requests for delays or waivers due to the international agreements in place for AIS.

(3) Safety Reminders: Not all vessel are required to participate in the VTS, so mariners should be advised accordingly when operating in the AOR and particularly during times of restricted visibility. Also, mariners need to be cautious and attentive during periods of high wind and “heavy weather conditions”, particularly when at anchor. In a recent incident, a vessel carrying four large container cranes was blown off her anchorage, and nearly drifted ashore off Long Beach – fortunately, the prompt and professional response by the Long Beach pilots averted disaster (and the USCG will formally recognize and thank Jacobsen Pilots during a public ceremony at a later date). Ship’s masters should post extra crew on watch, as necessary, to maintain an alert status at all times in these conditions.

(4) CAPT Neffenger introduced LT Peter Gooding, his new Chief of the Waterways Management division at the MSO. – whom he has designated as his “Alternate” for the USCG’s seat on the LA/LB HSC. The former “Alternate” was CDR Laura O’Hare, Chief of Port Operations.

Mr. Jim Rolin reported on the following items:

(1) Lisa Curtis has been appointed as the Deputy Administrator of OSPR, replacing Scott Schaefer, who resigned to pursue other interests. Ms. Curtis has been with the agency for over 10 years.

(2) The “public comment period” for SB 1742 ended yesterday at 5 PM. The Governor signed this bill into law earlier this year, and it provides for (among other things) a host of new parameters for operating and administering the HSC’s throughout California. There were no comments forthcoming from the public in this matter, and so the law will go into effect on January 1, 2005 as written.

(3) The OSPR Administrator made his final selection for appointing the representative to fill the “open seat” for the Recreational Boat Operators; and Mr. Tom Dessel (and his alternate: Hugh Conroy) were both “sworn in” at the HSC’s S/C meetings held earlier this month.

(4) Regarding the “open seat” for the Los Angeles Pilot Organization, however, the OSPR Administrator (Mr. Carlton Moore) has not yet made his final decision for that appointment. It is hoped that the he will do so at the earliest opportunity – allowing for the new representative (and the designated “Alternate”) to be “sworn in” at the next HSC S/C meetings scheduled in January. Meantime, until the new representative is appointed, Capt. Mike Rubino (and his current alternates, Capt. Christiansen and Capt. Betz) will continue to represent the Los Angeles Pilot Organization, notwithstanding their expired terms.

(5) 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”.

(6) Announcements have gone out to declare the “open seat” for a representative from the commercial fishing boat operators. That application process will close the end of this month. Jim Rolin reported that no applications have been received yet. It is hoped that a pro-active and interested person can be found to represent this important constituency.

(D.) Update on Local OSPR Activities:

Mr. Rolin reported on the following items –

(1) There have been six vessels to date that have attempted to enter LA/LB Harbor without having the necessary COFR (for oil spills) aboard, or without an approved oil spill contingency plan in place. In most cases, these ships have requested an “emergency approval process”, which OSPR agreed to. But in all these cases, OSPR enforcement staff are placed on board ship, where they conduct inspections and drills to make certain all is in order. OSPR also works closely with the USCG in keeping that agency advised and informed on the status of these vessels.

(2) OSPR is also conducting “unannounced drills” with local first responders 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 continuing its ongoing mission to monitor all transfer operations at marine oil terminals. CSLC also continues its monitoring of the ballast water program, including conduction inspections and samplings as required by law.

(2) The Technical Advisory Group (TAG) for the state’s ballast water program will be meeting tomorrow in Northern California. Main issues – considerations for reducing the current “ballast water program fee” from $500 down to $400; and considerations for requiring ships to report on ballast water transfers when transiting coastwise along California.

(3) A meeting of the California State Lands Commission will take place on December 9th in San Diego, and the public is invited to attend. An agenda for this session is available from any CSLC office.

(4) The “OTTER” program (Oil Transportation and Transfer Emission 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.

(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 2006 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.

(G) Update on NOAA/NOS:

Mr. Gerry Wheaton reported that NOAA’s Office of Coast Survey had completed work on revising NOAA Charts # 18749 and # 18751, covering the approaches to LA/LB Harbor, and both will go to print on December 9th through December 21st . These charts still have some additional revisions to come, and all those changes will be covered in a second printing of the two charts in June of 2005. He added that, for the second printing next June, he will contact Capt. Neffenger to make certain that the new anchorages off Santa Catalina Island, the revised Foxtrot Anchorages, and the new “special area anchorage” mentioned earlier are all properly charted and noted for mariners.

ITEM III -- NEW BUSINESS:

(A) Sub Committee Reports:

S/C # 1 – Mr. Jeff Browning, Chair: Meeting minutes covering previous sessions of this panel were distributed and discussed. Capt Strong reported for Mr. Browning, who was absent today. This panel has addressed several safety & navigation issues, including:

(1) Testing ship’s engines before entering the Precautionary Area. This is important since too many ships have come in with no engine test, and have suffered failures on the “backing bells”. LT. Gooding stated that there is federal regulation covering testing of engines prior to entering port, and those regulations will be included as part of the VTS Users Manual to advise all mariners of this requirement accordingly If a ship fails to perform an engine test prior to entering the Precautionary Area outside the federal breakwaters, then the USCG will issue a “penalty notification” – which carries a fine of $1,000 for first offense, and $2,000 for a second (or more) offense.

(2) Extending the time period for bollard pull certifications on escort and ship assist tugs.

(3) Reviewing local charts, cable areas, and anchorages with USCG and NOAA.

(4) Privately owned recreational vessels over 300 GT are required by law to give a 96-hour advanced notification of arrival to the USCG; LT Gooding is helping to “get the word out” to recreational boaters, yacht clubs and marinas concerning this law. Note: The regulations for NOA are located in 33CFR160.201 and it clearly states in 160.2020 that this subpart does not apply to recreational vessels under 46USC4301 et seq. However, in 160.203(1) it states that vessels less than 300 gross tons are exempt except those vessels entering the Seventh Coast Guard District.

(5) 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 . A notification was just sent out by the Marine Exchange concerning fishing activities now underway in the Precautionary Area, using “gill nets” marked with flags and buoys.

(6) S/C # I will meet again this afternoon at the Port of Long Beach Admin. Bldg., beginning at 1300 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. The panel also addressed the need for signs to mark cable crossing S/C # 2 will meet again this afternoon, immediately following the S/C # 1 meeting at the POLB.

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

(1) Capt. Strong asked for a report from the “assigned facilitators” for each chapter of the HSP

(a) Chapters I – IV, & VIII (Geographic Boundaries; Weather, Tides & Currents; Aids to Navigation; Anchorages; Bridges) – U.S. Coast Guard, Capt. Neffenger, LT Gooding –NO CHANGES FOR I – III; IV & VIII TO BE UPDATED/REVISED

(b) Chapter V (Harbor Depths) – USACOE, Jim Fields – TO BE UPDATED/REVISED

(c) Chapters VI, VII, VIII, & XI (Contingency Routing; Accidents, Spill, Near Misses; Communications; Vessel Traffic Service) -- USCG, Capt. Neffenger, and MX-VTS Capt. McKenna – UPDATES FOR CONTINGENCY ROUTING, ACCIDENTS, SPILLS, NEAR MISSES; NO REVISIONS FOR COMMUNICATIONS; MINOR CHANGES FOR VTS.

(d) Chapter X (Small Recreational Boats) – Tom Dessel -- CHANGES ANTICIPATED

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

CHANGES ANTICIPATED

(f) Chapters XIII, XIV, & XIX (Pilotage, Under Keel Clearance, and Reduced Visibility operations – Capt. Strong, Capt. Rubino, Capt. Miller – NO CHANGES FOR XIV, XIX; MINOR CHANGES FOR XIII

(g) Chapter XV (Economic Impact of HSP) – CSLC, Gregory Gregory – AFTER THOROUGH REVIEW, RECOMMEND THAT THIS CHAPTER BE DELETED; FINAL DECISION TO BE MADE AT THE NEXT MEETING

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

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

(j) Chapter XVIII (Marine Oil Terminals) – Capt. Jim Bobbit (BP) -- NO CHANGES

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

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

(m) VOP Quick Reference – Capt. John Strong – REVISIONS ANTICIPATED

(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. PLEASE REPORT BACK ON THESE AT THE NEXT MEETING!

(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) met on the 10th of November. Capt. John Strong, (Chair of the LA/LB HSC) is a voting member of the AMSC. The main committee meets quarterly; there are five sub-committees (of which the LA/LB HSC is one) meet on their own schedules. The primary current focus of the AMSC is to identify all the “first response” capability that exists within the LA/LB Harbor region, and to produce a “multi-agency, multi-jurisdictional, large incident response plan”. There is also a comprehensive “port evacuation plan” being developed – wherein rescue/transport vessels will be identified, liability and safety issues will be addressed, muster locations pointed out, and procedures specifically outlined for evacuating the port complex by water, if necessary. Finally, “training and exercise” will be developed throughout the harbor, and Capt. Neffenger would like to link this effort with the CALMITSAC training and exercise initiative recently mandated by legislation in Sacramento. The next meeting of the AMSC will be on February 9th at the POLB, beginning at 0930.

(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 dates for this conference are April 17th - 20th 2005 (Sunday through Wednesday). The Marine Exchange has been contracted by OSPR to be the “Facilitator” for this event. Capt. Manny Aschemeyer ran through a preliminary “program agenda” for the conference, outlining the various sessions and “social events” now being planned. The venue will be the Long Beach Hyatt Regency Hotel, where special room rates have been established 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), and which has developed a conference “theme” -- Balancing the Missions: Safety, Security, Mobility, and Environment; 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 (and from HSC member companies and organizations), arranging for online registration, organizing space for information booths & table-top displays, and the like.

(3) Capt. Neffenger reported that the POLA had received grant money from TSA to be used for installing “water barriers” around Cruise ships while they are docked at the World Cruise Center. He suggested that S/C #1 review this proposal to determine the safety issues involved.

(4) Mr. John Cox announced the designation of Mr. Andrew Lamars to be his Alternate for the “Organized Labor Seat” on the LA/LB HSC. Paperwork has been submitted to Mr. Jim Rolin at OSPR for his review and processing.

ITEM IV -- QUESTIONS/COMMENTS FROM THE PUBLIC:

(N O N E)

ITEM V -- MEETING SCHEDULE:

The next regular meeting for the LA/LB HSC will be held on the 2nd of February, 2005, 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 January.

ITEM VI -- ADJOURNMENT:

With no further business to discuss, Chairman Strong adjourned the 101st Harbor Safety Committee meeting at 10:55 a.m.

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

Harbor Safety Committee “Local CG” Briefing (1 December 2004)

To be published here when available.