MTS National Advisory Council

MTS National Advisory Council
Safety and Environmental Protection Subcommittee
Meeting of July 30,2001

Troutman & Sanders
401 9^th Street, NW
Suite 1000
Washington, D.C. 20004
202-274-2880

Glenn Ashe, as subcommittee chair called the meeting to order at 1:40 PM. Those present were then invited to introduce themselves and their affiliations. The following is a list of attendees:

Members:

Glenn Ashe, ABS
Jonathan Benner, Intertanko
Bob Greco, API
Charles Kurz II, Keystone Shipping Co.
Kathy Metcalf, Chamber of Shipping of America
John Torgersen, Dredging Contractors of America
Capt. Michael Watson, American Pilots Association
J. Scott Rainey, American Pilots Association

Government observers:

Michael Hokana, MARAD
S. Calhoun, USCG
May Darr, USCG
Richard Legatski, NOAA

The minutes of the meeting of 7 June 2001 were reviewed and approved as written.

Opening Remarks

The Chairman began the meeting with few comments. Specifically, Mr. Ashe noted the light attendance, which he attributed to SEA-21 funding and strategy meetings, which were also being held on the 30^th. On a different note, the chairman remarked that the Safety and Environmental Subcommittee overlapped with several others and that the primary purpose of the subcommittee was to act as a filter for the issues of highest priority for the industry. A request was made for additional agenda items, and it was noted that this was the last meeting before the MTSNAC conference in September.

Discussion of Issues

1. Criminalization of Maritime Accidents

Mr. Brenner of Intertanko introduced a re-draft position paper on the subject issue. If adopted, this paper will be forwarded to the Secretary of Transportation.

Mr. Brenner made a brief presentation on the paper, including the fact that it is hard to get data on this topic, the number of prosecutions are relatively low, and this sentiment is hard to quantify. The point of presenting the paper is that strict liability statutes are being invoked at the investigative phase, and that this pressure is making operators cautious and wary about working in the oil industry. Some of the issues raised by the subcommittee included: general support for the paper as part of the larger report, the difficulty in getting data in this area, and the fact that often proponents of reform in this area are often misunderstood. One idea was to expand the scope of the criminalization issue to other venues such as personal injury and damage claims, but the consensus was to stay with the environmental laws as a focus. The subcommittee concurred that this [criminalization paper] had virtue and should be brought to attention of the higher committee.

Action: Mr. Brenner asked that any additional comments or information in this area should be sent to him at Intertanko.

2. The Chairman then introduced Lt. Scott Calhoun, USCG who spoke on "Management of Endurance Risk Factors – A Guide for Deep Draft Vessels.2. The Chairman then introduced Lt. Scott Calhoun, USCG who spoke on "Management of Endurance Risk Factors – A Guide for Deep Draft Vessels."

Lt. Calhoun spoke for approximately one half-hour on the USCG crew endurance management program including the release of the new study cited above, an inland study will be released in December or January. Important points included that the U.S.C.G. does not see fatigue as a problem large enough to warrant legislation, but has ideas and concepts on increasing alertness. Some of the salient points included the following policy changes that can often result in better crew alertness: a changed watch rotation, lighter eating before sleeping, exercise bikes aboard vessels, and cell phones and recreational material for ships company. The multi-year effort is not complete, however some materials are available on the crew alertness campaign. Ms. May Darr distributed copies of the study cited above as well as information on the alertness campaign. Lt. Calhoun can be reached on 202-267-2997 for additional information.

Following the presentation there was a brief discussion on where the United States stands on fatigue standards, and where the subcommittee should stand. One member indicated that The U.S. position was accepted at IMO recently, which is that there is no standard to measure fatigue.

Action: Watchstanding alertness is an important area in which research findings should be widely distributed. The Subcommittee does not support fatigue standards, but rather guidance.

3. At this Point the Chairman introduced Mr. Richard Legatski of NOAA, who made a 20-minute presentation in three areas being worked by the ICMTS Safety and Environmental Subcommittee:

a) A brochure on the subject of MTS and the Environment. A draft of which has been prepared and was circulated to the group. The target group is all audiences worldwide.

b) A summary of the Industry Fair on Capitol Hill. Approximately 20 hill staffers showed for the event, which was deemed a success for such a limited planning time (6-8 weeks).
There are plans to repeat this on possibly an annual basis. However, the next conference will probably be held indoors, as the summer heat was a factor.

c) An update on the Facility Permit Process Project. There are a series of ideas being circulated by the ICMTS Safety and Environmental committee for SEA-21 legislation on speeding up the permitting process. One of the problems is that there are simply not enough people available to do permitting work. Currently some states are loaning state employees to the federal government. Other thoughts include ideas such as a national web based environmental database. This database will provide information that has been pre-screened for project planning. Another concept is that of the multi-agency strike team to do a project until it is done. Basically the states will go to the federal government who will put together a team to completely work through a permitting project to completion.

Action: The subcommittee as a whole very much supported all of these efforts, which could be documented in the report to the MTSNAC.

4. Next on the agenda, Mr. Ashe introduced Mr. Torgeson of the Dredging Contractors of America (DCA) who wanted to raise the issue of mandatory work hour limits for Army Corps of Engineers Projects.

Mr. Torgeson spoke for several minutes on an issue that arose in the Great Lakes on mandatory work hour limits for Army Corps projects. Specifically, in Buffalo, NY, a court has ruled that no one can work more than 10 straight hours on a dredging project. DCA is concerned because this event has resulted in the USACE reviewing its entire work hour standard through a study now being conducted by Texas A&M. The problem is that A&M is not considering any of the past studies done on this subject and has limited the study to a small population of only approximately 15 vessels. All dredge site contracts may be limited to 10 hours of work per day. The change over of dredge work shifts from two shifts per day to three would be a remarkable problem for the dredge industry. A research review underway now and due at the end of September will show many factors to fatigue. Another complicating factor is that of multiple agencies and their involvement in fatigue and the waterfront. For example, the USCG and OSHA each have authority over certain segments of the industry (inspected and uninspected barges for example). No one has full authority over the industry in this area. There is a study coming soon on "fatigue drop off over time on shift." Yet, the Corps’ failure to do adequate research in this area bolsters the case for criminal liability clauses. The problem of criminal liability being prosecuted from OSHA is considered to be a much more difficult prospect than problems with federal law.

Action: Several committee members agreed to work together on the difficulties related to fatigue management.

5. NOAA Promote Safe Navigation Program

This resolution was adopted at the MTSANC meeting in Kings Point. It was stated that the Secretary of Transportation should communicate with the Secretary of Commerce, the Under Secretary of Commerce for Oceans and Atmosphere, NOAA Administration and other inter-agency committees, and MTS (ICMTS) work to secure adequate funding.

Action: The latest on this is that Mr. Richard Lolich (MARAD) is drafting a letter for Mr. Raymond to sign on this issue.

6. Port State Control

Joe Cox of the Chamber of Shipping of America was scheduled to make a presentation on this issue, unfortunately he will have to defer to the next meeting.

7. Near Miss Incident Reporting

This issue will also be held in abeyance until the next meeting.

Mr. Torgeson of the ADA wanted to note that the Dredging Contractors of America was dedicated to collecting information on near misses [within their industry] and soon would begin doing so on a quarterly, followed by a monthly basis. This inspired discussion on how a "miss" was defined and if the company involved was going to be identified. There did not seem to be any objections from the group other than the tenuous nature of the "near miss" definition and the confidentiality of the reporting system.

8. Multi-Media Vessel discharges

Also postponed by the chairman for discussion later.

9. New Business

At this point there was a discussion of the "White Paper" on the state of the industry. The subcommittee came to the consensus that members should be provided with the most up to date copy available as it would be invaluable in providing needed direction and would prove invaluable in crafting the committees report.

Action item for MARAD: Please provide copies of the White Paper to the Subcommittee as soon as possible or provide a status.

10. Proposed panel for the forthcoming MTS Research and Technology conference.

Mr. Ashe proposed a separate panel for the subject conference composed of four or five

industry representatives on where funding should go if money becomes available.

The primary purpose of the panel would be to foster discussion. The response to this proposal was mixed but the committee agreed that there should be a set aside period in the upcoming conference for Safety and Environmental issues, though some thought would have to be given to the topics and composition of a panel. The MTS Research &Technology Conference is planned for Washington, D.C. on 14,15 and 16 November

Action item: Committee to propose a set-aside time for a safety and environmental forum at the MTS R&T conference.

11. Final discussion:

The Chairman then began a final discussion on what would be put into the report to the larger MTSNAC. The following items were considered the most important for the report: (1) The NOAA resolution on promoting safe navigation, (2) The paper on Criminalization of Marine Accidents, (3) The importance of education in alertness and fatigue management (perhaps and education campaign is in order), (4) Permit process expedition and streamlining, (5) work with the ICMTS Safety and Environmental Subcommittee on the brochure, and (6) encourage additional meetings or "cross pollination" activities between industry and government including support for an annual industry fair on capitol hill.

Following this there was a discussion on the mechanics of how the MTS initiative is being run. Some of the salient points included: comment that additional guidance from the MTSNAC might be helpful. There were mixed thoughts from the members on whether the group should react to motions made by the ICMTS Safety and Environmental Subcommittee, or present newer ideas of their own. With that in mind, one member remarked that the major area in which he would like to see some action was in streamlining. Specifically he mentioned that the USACE, NOAA and USCG should work more closely together and more efficiently on charting. That cooperative effort would be an excellent output.

Last Item:

Mr. Glen Ashe, Chairman, requested that Ms. Metcalf prepare a report for the MTSNAC.

Next Meeting

It was suggested that the next meeting be held on the 19^th of September in a room at the Marriott Hotel where the Marine Log Conference is being held, at 5 PM. It was requested that MARAD make the arrangements.

Adjournment: 4:55 PM