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1 U.S. Coast Guard Marine Board Investigation ICO the Sinking of SS El Faro Held In

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1 U.S. Coast Guard Marine Board Investigation ICO the Sinking of SS El Faro Held In 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 May 2016 4 Volume 12 5 CAPT Neubauer: Good morning. This hearing will come to order. Today is May 17th, 6 2016 and the time is 9:01. We’re continuing at the Prime F. Osborn Convention Center 7 in Jacksonville, Florida. I am Captain Jason Neubauer, of the United States Coast 8 Guard, Chief of the Coast Guard Office of Investigations and analysis, Washington D.C. 9 I’m the Chairman of the Coast Guard Marine Board of Investigation and the presiding 10 officer over these proceedings. The Commandant of the Coast Guard has convened 11 this board under the authority of Title 46, United States Code, Section 6301 and Title 46 12 Code of Federal Regulations Part IV to investigate the circumstances surrounding the 13 sinking of the SS El Faro with the loss of 33 lives on October 1st, 2015 while transiting 14 East of the Bahamas. I am conducting the investigation under the rules in 46 C.F.R. 15 Part IV. The investigation will determine as closely as possible the factors that 16 contributed to the incident so that proper recommendations for the prevention of similar 17 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 may be advised by their counsel 10 concerning their rights. However, such counsel may not examine or cross-examine 11 other witnesses or otherwise participate. 12 These proceedings are open to the public and to the media. I ask for the 13 cooperation of all persons present to minimize any disruptive influence on the 14 proceedings in general and on the witnesses in particular. Please turn your cell phones 15 or other electronic devices off or to silent or vibrate mode. Please minimize entry or 16 departure into the hearing room except during periods of recess. Flash photography will 17 be permitted during this opening statement and during recess periods. The members of 18 the press are of course welcome and an area has been set aside for your use during 19 the proceedings. The news media may question witnesses concerning the testimony 20 that they have given after I have released them from these proceedings. I ask that such 21 interviews be conducted outside of this room. Since the date of the casualty the NTSB 22 and Coast Guard have conducted substantial evidence collection activities and some of 23 that previously collected evidence will be considered during these hearings. Should any 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 person have or believe that he or she has information not brought forward, but which 2 might be of direct significance, that person is urged to bring that information to my 3 attention by emailing [email protected]. The Coast Guard relies on strong partnerships 4 to execute its missions. And this Marine Board of Investigation is no exception. The 5 NTSB, provided a representative for this hearing. Mr. Tom Roth-Roffy, seated to my left 6 is the Investigator in Charge for the NTSB investigation. Mr. Roth-Roffy, would you like 7 to make a brief statement? 8 Mr. Roth-Roffy: Yes, sir. Good morning Captain. I am Thomas Roth-Roffy, 9 Investigator in Charge for the National Transportation Safety Board’s investigation of 10 this accident. The safety board is an independent Federal agency, which under the 11 independent safety board act of 1974 is required to determine the cause or probable 12 cause of this accident, issue a report of facts, conditions and circumstances related to it 13 and to make recommendations for measures to prevent similar accidents. The safety 14 board has joined this hearing to avoid duplicating the development of facts. 15 Nevertheless, I do wish to point out that this does not preclude the safety board from 16 developing additional information separately from these proceedings if that becomes 17 necessary. At the conclusion of these hearing the safety board will analyze the facts of 18 the accident and determine a probable cause independently of the Coast Guard. At a 19 future date a separate report of the safety board’s investigation will be issued that will 20 include our official determination of the probable cause of this accident. If appropriate 21 the safety board will issue recommendations to correct safety problems discovered 22 during this investigation. These recommendations may be made in advance of the 23 report. Thank you. 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 CAPT Neubauer: Thank you. Before we begin I have a statement to read from the 2 previous proceedings. Throughout the hearing to date the MBI has been referencing 3 the safety management system or SMS operations manual for vessels revision 21, 4 which has a published date of August 2015. Tote has clarified that despite the August 5 2015 date, revision 21 had not been promulgated on the El Faro at the time of the 6 accident voyage. Therefore, going forward we will use or refer to revision 20 of the 7 SMS dated April 2014 ensuring that the Ops memos that were issued between April 8 2014 and October 2015 are incorporated into that version. Does that satisfy Tote’s 9 concern on that matter? 10 Tote Inc: Yes, sir. 11 CAPT Neubauer: We will now call our first witness of the day. Captain Jack Hearn if 12 you could come forward please. 13 LCDR Yemma: Good morning, Captain. 14 WIT: Good morning. 15 LCDR Yemma: Raise your right hand please. Sir, a false statement given to an 16 agency of the United States is punishable by a fine and or imprisonment under 18 17 United State Code Section 1001, knowing this do you solemnly swear that the testimony 18 you’re about to give will be the truth, the whole truth and nothing but the truth, so help 19 you God? 20 WIT: Yes, sir. 21 LCDR Yemma: Thank you. You can be seated, sir. Sir, if you could press the button 22 on your microphone there. 23 WIT: Red light? 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: Yep. Please start by stating your full name and spelling your last name 2 for the record? 3 WIT: My name is John N. Hearn, H-E-A-R-N. I go by Jack Hearn 4 LCDR Yemma: Thank you, Captain. And can you describe for the board your current 5 employment and your position? 6 WIT: Currently I’m employed by Delaware Bay Pilots as a vessel traffic information 7 service watch officer. I’m also Executive Director of the American Professional Mariners 8 Association. But that’s a voluntary position. 9 LCDR Yemma: Thank you. Can you also describe some of your prior relevant 10 maritime experience? 11 WIT: I went to sea for 40 years. I was Master for 25 of those 40 years. I graduated at 12 the U.S. Merchant Marine Academy. 13 LCDR Yemma: And what was your highest level of education completed? 14 WIT: I had some graduate school, some professional training through my career and 15 Bachelor of Science Degree in Marine Transportation. 16 LCDR Yemma: Thank you Captain. The board will have questions for you now. 17 WIT: Yes, sir, thank you.
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