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El Faro Mbi Hearing 1

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El Faro Mbi Hearing 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 U.S. Coast Guard Marine Board Investigation ICO the sinking of SS El Faro held in 2 Jacksonville, Florida held 3 17 February 2016 4 Volume 2 5 CAPT Neubauer: Good morning. This hearing will come to order. Today is February 6 17th, 2016 and the time is 9:09 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 person contributed to the casualty, and whether there is evidence that any 20 Coast Guard personnel or any representative or employee of any other Government 21 agency or any other person cause or contributed to the casualty. I have previously 22 determined that the following organizations or individuals are parties in interest to the 23 investigation. Tote Incorporated, ABS, Herbert Engineering Corporation and Mrs. 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 Teresa Davidson as next of kin for Captain Michael Davidson, Master of the SS El Faro. 2 These parties have a direct interest in the investigation and have demonstrated the 3 potential for contributing significantly to the completeness of the investigation or 4 otherwise enhancing the safety of life and property at sea through participation as party 5 in interest. All parties in interest have a statutory right to employ counsel to represent 6 them, to cross-examine witnesses and have witnesses called on their behalf. 7 I will examine all witnesses at this formal hearing under oath or affirmation and 8 witnesses will be subject to Federal laws and penalties governing false official 9 statements. Witnesses who are not parties in interest will be excluded from the hearing 10 room when not testifying. Witnesses who are not parties in interest may be advised by 11 their counsel concerning their rights. However, such counsel may not examine or 12 cross-examine 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 do not enter or depart 17 the hearing room except during periods of recess. Flash photography will only be 18 permitted during this opening statement and during recess periods. The members of 19 the press are of course welcome and an area has been set aside for your use during 20 the proceedings. The news media may question witnesses concerning the testimony 21 that they have given after I have released them from these proceedings. I ask that such 22 interviews be conducted outside of this room. Since the date of the casualty the NTSB 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, NTSB, provided a representative for this hearing. 7 Mr. Tom Roth-Roffy, also 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: Yes, good morning Captain. I am Tom Roth-Roffty, Investigator in 10 Charge for the National Transportation Safety Board’s investigation of this hearing. The 11 NTSB has joined this hearing to avoid duplicating the development of facts. 12 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 the 15 accident and determine a 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 this investigation. Thank you. 18 CAPT Neubauer: Thank you, sir. Before we begin the proceedings we have one 19 correction to the record to be made from yesterday. Mr. Keith Fawcett can you provide 20 that correction? 21 Mr. Fawcett: Yes, sir, Captain. Good morning everyone. Yesterday in testimony with 22 Mr. Morrell I made the statement that we did not have the list of bridge equipment. We 23 did have in our possession the ABS approved cargo ship safety equipment record which 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 contains a listing of bridge equipment. And we had that before the hearing. I would like 2 to introduce that as an exhibit to this hearing at this time. 3 CAPT Neubauer: Thank you. We will now call our first witness. We will now hear 4 testimony from Mr. Philip Greene, Rear Admiral, United States Navy, retired. Admiral 5 Greene, please come forward to the witness table and Lieutenant Commander Yemma 6 will administer your oath and ask you some preliminary questions. 7 LCDR Yemma: Good morning, sir. 8 WIT: Good morning. 9 LCDR Yemma: If you would please raise your right hand. Sir, a false statement given 10 to an agency of the United States is punishable by a fine and or imprisonment under 18 11 U.S.C. 1001, knowing this do you solemnly swear that the testimony you’re about to 12 give will be the truth, the whole truth and nothing but the truth, so help you God? 13 WIT: I do. 14 LCDR Yemma: Thank you, sir. You may be seated. Sir, can you please state your 15 name for the record and spell your last name? 16 WIT: Yes, sir. Philip H. Greene, Jr., last name, G-R-E-E-N-E. 17 LCDR Yemma: Thank you, sir. And I think we need everybody to talk a little closer to 18 the microphone so that it picks it up. Thank you, sir. And counsel will you please also 19 state your name and spell your last? 20 Counsel: My name is Jack Fornaciari, my last name is spelled F-O-R-N-A-C-I-A-R-I. 21 LCDR Yemma: Thank you, sir. And Admiral Greene can you please state where you 22 are currently employed and what your position is? 23 WIT: I am the President of Tote Services Incorporated. 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 LCDR Yemma: And what are some of your general responsibilities in that position? 2 WIT: My general responsibility as President is to set the strategic direction for the 3 company. To develop our financial budgets consistent with our goals and objectives for 4 increasing and growing our business. To provide the top down leadership tone that’s 5 related to the quality, safety, environmental aspects of operating our company. To 6 engage with third party clients. And to engage with the industry, as a leader within the 7 industry that I serve. 8 LCDR Yemma: And can you also describe generally some of your relative work 9 experience? 10 WIT: I am a retired Naval Officer, having spent 32 years on active duty in the surface 11 warfare community commanding ships. I departed the Navy as a 2 star flag officer.
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