1 U.S. Coast Guard Marine Board Investigation ICO the Sinking of SS El Faro Held In
Total Page:16
File Type:pdf, Size:1020Kb
Under 46 U.S. Code §6308, no part of a report of a marine casualty investigation shall be admissible as evidence in any civil or administrative proceeding, other than an administrative proceeding initiated by the United States. 1 U.S. Coast Guard Marine Board Investigation ICO the sinking of SS El Faro held in 2 Jacksonville, Florida held 3 24 February 2016 4 Volume 8 5 CAPT Neubauer: Good morning. This hearing will come to order. Today is February 6 24rd, 2016 and the time is 9:01 a.m. We’re continuing at the Prime F. Osborn 7 Convention Center, in Jacksonville, Florida. I am Captain Jason Neubauer, of the 8 United States Coast Guard, Chief of the Coast Guard Office Investigations and analysis, 9 Washington D.C. I’m the Chairman of the Coast Guard Marine Board of Investigation 10 and the presiding officer over these proceedings. The Commandant of the Coast Guard 11 has convened this board under the authority of Title 46, United States Code, Section 12 6301 and Title 46 Code of Federal Regulations Part IV to investigate the circumstances 13 surrounding the sinking of the SS El Faro with the loss of 33 lives on October 1st, 2015 14 while transiting East of the Bahamas. I am conducting the investigation under the rules 15 in 46 C.F.R. Part IV. The investigation will determine as closely as possible the factors 16 that contributed to the incident so that proper recommendations for the prevention of 17 similar casualties may be made. Whether there is evidence that any act of misconduct, 18 inattention to duty, negligence or willful violation of the law on the part of any licensed or 19 certificated personnel contributed to the casualty, and whether there is evidence that 20 any Coast Guard personnel or any representative or employee of any other 21 Government agency or any other person cause or contributed to the casualty. I have 22 previously determined that the following organizations or individuals are parties in 23 interest to the investigation. Tote Incorporated, ABS, Herbert Engineering Corporation 1 Under 46 U.S. Code §6308, no part of a report of a marine casualty investigation shall be admissible as evidence in any civil or administrative proceeding, other than an administrative proceeding initiated by the United States. 1 (HEC) and Mrs. Teresa Davidson as next of kin for Captain Michael Davidson, Master 2 of the SS El Faro. These parties have a direct interest in the investigation and have 3 demonstrated the potential for contributing significantly to the completeness of the 4 investigation or otherwise enhancing the safety of life and property at sea through 5 participation as party in interest. All parties in interest have a statutory right to employ 6 counsel to represent them, to cross-examine witnesses and have witnesses called on 7 their behalf. 8 I will examine all witnesses at this formal hearing under oath or affirmation and 9 witnesses will be subject to Federal laws and penalties governing false official 10 statements. Witnesses who are not parties in interest may be advised by their counsel 11 concerning their rights. However, such counsel may not examine or cross-examine 12 other witnesses or otherwise participate. 13 These proceedings are open to the public and to the media. I ask for the 14 cooperation of all persons present to minimize any disruptive influence on the 15 proceedings in general and on the witnesses in particular. Please turn your cell phones 16 or other electronic devices off or to silent or vibrate mode. Please also try to minimize 17 entry and departure during testimony. Flash photography will be permitted during this 18 opening statement and during recess periods. The members of the press are welcome 19 and an area has been set aside for your use during the proceedings. The news media 20 may question witnesses concerning the testimony that they have given after I have 21 released them from these proceedings. I ask that such interviews be conducted outside 22 of this room. Since the date of the casualty the National Transportation Safety Board 23 and Coast Guard have conducted substantial evidence collection activities and some of 2 Under 46 U.S. Code §6308, no part of a report of a marine casualty investigation shall be admissible as evidence in any civil or administrative proceeding, other than an administrative proceeding initiated by the United States. 1 that previously collected evidence will be considered during these hearings. Should any 2 person have or believe that he or she has information not brought forward, but which 3 might be of direct significance, that person is urged to bring that information to my 4 attention by emailing [email protected]. The Coast Guard relies on strong partnerships 5 to execute its missions. And this Marine Board of Investigation is no exception. The 6 National Transportation Safety Board, provided a representative for this hearing. Mr. 7 Tom Roth-Roffy, seated to my left is the Investigator in Charge for the NTSB 8 investigation. Mr. Roth-Roffy, would you like to make a brief statement? 9 Mr. Roth-Roffy: Thank you Captain. Good morning, I am Tomas Roth-Roffy, 10 Investigator in Charge for the National Transportation Safety Board’s investigation of 11 this accident. The NTSB has joined this hearing to avoid duplicating the development of 12 facts. Nevertheless, I do wish to point out that this does not preclude the NTSB from 13 developing additional information separately from this proceeding if that becomes 14 necessary. At the conclusion of these hearings the NTSB will analyze the facts of this 15 accident and determine the probable cause independently of the Coast Guard. Issue a 16 separate report of the NTSB’s findings and if appropriate issue recommendations to 17 correct safety problems discovered during the investigation. Thank you Captain. 18 CAPT Neubauer: Thank you. We will now call our first witness of the day, Petty 19 Officer Matthew Chancery of the Coast Guard Seventh District. Petty Officer Chancery 20 please come forward to the witness table and Lieutenant Commander Yemma will 21 administer your oath and ask you some preliminary questions. 22 LCDR Yemma: Please raise your right hand. A false statement given to an agency of 23 the United States is punishable by a fine and or imprisonment under 18 United States 3 Under 46 U.S. Code §6308, no part of a report of a marine casualty investigation shall be admissible as evidence in any civil or administrative proceeding, other than an administrative proceeding initiated by the United States. 1 Code section 1001, and also subject you to discipline under the Uniform Code of 2 Military Justice. Knowing this do you solemnly swear that the testimony you’re about to 3 give will be the truth, the whole truth and nothing but the truth, so help you God? 4 WIT: I do. 5 LCDR Yemma: Thank you, be seated please. Please start by stating your full name 6 and spelling your last name for the record? 7 WIT: It’s Matthew Cadmon [sic] Chancery, and it’s C-H-A-N-C-E-R-Y. 8 LCDR Yemma: And counsel would you please? 9 Counsel: Jeffery Travis Noyes, N-O-Y-E-S. 10 LCDR Yemma: Petty Officer Chancery can you state your current assignment within 11 the Coast Guard please? 12 WIT: I’m an operations unit controller and situation unit controller for the Coast Guard 13 Seventh District in Miami Florida. 14 LCDR Yemma: And what are some of your responsibilities? 15 CAPT Neubauer: Petty Officer Chancery can you please move the microphone a little 16 closer? 17 WIT: Some of my responsibilities include oversight of Sector cases that are within the 18 Coast Guard Seventh District as well as managing and prosecuting active search and 19 rescue cases for the operations unit controller. For the situation unit controller it would 20 be managing blue forces, tracking weather, and other duties that may be assigned for 21 that job. 22 LCDR Yemma: And what are some of your prior assignments or work experience 23 relevant to your current position? 4 Under 46 U.S. Code §6308, no part of a report of a marine casualty investigation shall be admissible as evidence in any civil or administrative proceeding, other than an administrative proceeding initiated by the United States. 1 WIT: My first assignment other than Operations Specialist ‘A’ school was on the Coast 2 Guard Cutter Seneca. And then I spent 4 years at Coast Guard Sector Jacksonville. 3 And I’ve been at Coast Guard Seventh District for about a year and a half now. 4 LCDR Yemma: And what’s your highest level of education completed? 5 WIT: High school. 6 LCDR Yemma: And do you hold any licenses or professional certification? 7 WIT: No. 8 LCDR Yemma: Thank you. The board will have questions for you. 9 Mr. Fawcett: Good morning Petty Officer Chancery. 10 WIT: Good morning. 11 Mr. Fawcett: Throughout this morning for your testimony we’ll cover two topics 12 combined into a single area of questioning. One will be an overview of your duties and 13 your background as it relates to search and rescue activities. And the other one will 14 cover the day of the incident when you received the initial notification relating to the El 15 Faro. So for the benefit of the public if you would try to steer clear of using acronyms 16 that the Coast Guard uses exclusively. Or if you use them just try to explain to people 17 what they are.