MTS National Advisory Council
Safety and Environmental Protection Subcommittee
Meeting of June 7, 2001
Minutes

 

Glenn Ashe chairing this meeting called it to order at 1:38 pm and welcomed all those in attendance. Mr. Ashe expressed appreciation to Jonathan Benner for hosting the meeting. Attendees were then invited to introduce themselves and their affiliations.

A copy of the Safety and Environmental Protection Subcommittee membership list was distributed and a request was made to add the names of John Austin, Military Sealift Command and Jim Corbett, University of Delaware to the list.

The minutes of the April 20, 2001 meeting were reviewed and approved as written.

Report of the May3/4, 2001 MTSNAC Meeting.

Jonathan Benner was requested to recap the MTSNAC meeting of May 3-4, 2001 held at the U.S. Merchant Marine Academy, at Kings Point, NY. In our subcommittee’s report to the Council, Charles Kurz reported that the MTSNAC Safety and Environmental Protection (SEP) Subcommittee is active and participation is growing. We submitted two resolutions for Council consideration:

• Criminalization of Maritime Accidents
• NOAA Promotes Safe Navigation Programs

Each was approved with some modification. Please see the discussion below.

The MTSNAC First Anniversary Review showed that significant progress has been made since the formation of the Council under the leadership of Chuck Raymond.

The Council Meeting was highlighted by Secretary of Transportation Mineta's speech in which he underscored the importance of MTSNAC and recognized waterborne transportation as one of the prime elements in his business plan. Secretary Mineta made reference to the possibility of establishing a SEA-21 initiative.

 

Discussion of Issues

 

1. Criminalization of Maritime Accidents

The MTSNAC Council accepted our subcommittee recommendation that this issue be considered. We were directed to prepare a position paper for presentation to MTSNAC. If adopted, this paper will be forwarded to the Secretary of Transportation. It was noted that the subcommittee has to be very careful in drafting this paper so it allows for the prosecution of maritime accidents such as an oil spill, while at the same time encouraging those who are witnesses to the accident to step forward and report on the accident without fear of repercussion. It was suggested that it contain the clause "criminal liability for oil spills should be employed only where a discharge is caused by conduct grossly negligent, reckless, or intentional. Mariners, corporations, and corporate officers who in reasonable conduct intended to comply with the law, should be subject to minimal prosecution." Comments made regarding this issue at the MTSNAC meeting related to the existence of facts supporting its relevance will be addressed.

Action: Bob Greco and Jonathan Benner agreed to redraft the paper and present it at our next subcommittee meeting.

 

2. NOAA Promote Safe Navigation Program

This resolution was adopted at the MTSNAC 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. It was also noted Richard Lolich should contact Jonathan Benner to advise the mechanism needed to advance this idea to the Secretary of the Department of Transportation. NOAA will look into the possibility of advertising this initiative at the upcoming Industry Fair.

Action: Either Richard Lolich or Jonathan Benner is requested to report on the status of this resolution at our next meeting.

 

3. Port State Control

Joe Cox discussed the background for this proposed resolution and agreed to redraft it for our consideration.

Action: Joe Cox will redraft the Port State Control resolution for consideration at our next meeting.

 

4. Near Miss Incident Reporting

This issue has been in abeyance since being remanded back to our subcommittee at the MTSNAC Charleston meeting. Joe Cox advised that EPA issues were becoming more demonstrative, while the Coast Guard was very static on the issue. Dan Leubecker of MARAD suggested that should the SEA 21 initiative take shape, it might offer an avenue by which this issue could be raised. It was decided to have it remain on our agenda but to defer consideration until a later time.

 

5. Alertness, Fatigue and Endurance Management

Discussion reaffirmed the importance of our subcommittee addressing this issue particularly from an overall systems point of view. That is, in addition to the vessel-related aspects of this issue, we will consider those of the other parts of the system with which the vessels interface. The MTSNAC Human Resources Subcommittee has added this to their agenda as a vessel-related issue and we will coordinate with the Chair of this Committee.

Discussion of the use of Risk Management techniques to address this issue ensued.

Action: Glenn Ashe will arrange for a presentation by CAPT Jeff Lantz USCG on the recently released document entitled "Management of Endurance Risk Factors – A Guide for Deep Draft Vessels".

 

6. Multi-Media Vessel Discharges/Emissions

Action: Joe Cox will prepare an issue paper for discussion.

 

MTSNAC White Paper Status

 

The MTSNAC White Paper is being redrafted for possible distribution at the Industry Fair on 19 June 2001. It will include elements related to Safety and Environmental Protection as suggested.

 

Industry Fair - June 19, 2001

The MTS Industry Fair will be held near the Capitol Lawn on 19 June. All agreed that this could be a significant event in raising awareness within Congress and the general public on our industry.

 

Report from ICMTS Safety and Environmental Protection Subcommittee

A summary of the status of the ICMTS project on Permit Expeditingwas given by Jean Snider. Our subcommittee will be given the opportunity to review their work when it is drafted.

Ms. Snider of NOAA reported that NOAA is making final arrangements for the Industry Fair.

The ICMTS SEP Subcommittee has recognized that the MTS efforts related to Safety and Environmental Protection should be highlighted in their own brochure. Glenys Hill from EPA has been assigned the lead in drafting such a brochure. It was agreed both at the ICMTS SEP subcommittee meeting and at the MTSNAC SEP subcommittee meeting that it would make sense if this were a joint brochure including reference to the MTSNAC SEP Subcommittee and its work. The brochure will stress awareness on MTS and the Environment.

The MTSNAC SEP Subcommittee will be asked for input for the brochure.

 

New Business

• Brochure – Glenn Ashe will work with Ms. Hill for MTSNAC input.
• The Transportation Research Board June meeting in Galveston was discussed.
• Bruce Parker from NOAA discussed the MTS Research &Technology Conference planned for Washington, D.C. on 14,15 and 16 November. He is looking for the MTSNAC SEP to take the lead in at least one panel or paper. This will be an agenda item for next meeting.

 

Next Meeting

For future reference, the next MTSNAC meeting is being planned for the week of 13 September 2001 in Baltimore. The exact dates are yet firm.

Although we discussed having our next meeting on 17 July, it has been necessary to slip this date.

Our next meeting will be held at the offices of Troutman & Sanders from 1:30 pm to 4:30 pm on Monday 30 July 2001. We have again planned to encourage the attendance of members from the ICMTS SEP Subcommittee. Their participation in the last several meetings of our subcommittee has greatly enhanced their value.

 

Adjournment

The meeting was adjourned 4:40 pm.