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 19 February 2016 4 Volume 4 5 CAPT Neubauer: Good morning. This hearing will come to order. Today is February 6 19th, 2016 and the time is 9 a.m. We’re continuing at the Prime F. Osborn Convention 7 Center, 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 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 caused 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 and Mrs. Teresa Davidson as next of kin for Captain Michael Davidson, Master of the 2 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 will be excluded from the hearing 11 room when not testifying. Witnesses who are not parties in interest may be advised by 12 their counsel concerning their rights. However, such counsel may not examine or 13 cross-examine other witnesses or otherwise participate. 14 These proceedings are open to the public and to the media. I ask for the 15 cooperation of all persons present to minimize any disruptive influence on the 16 proceedings in general and on the witnesses in particular. Please turn your cell phones 17 or other electronic devices off or to silent or vibrate mode. Please also minimize entry 18 and departure the hearing room during testimony. Flash photography will only be 19 permitted during this opening statement and during recess periods. The members of 20 the press are welcome and an area has been set aside for your use during the 21 proceedings. The news media may question witnesses concerning the testimony that 22 they have given after I have released them from these proceedings. I ask that such 23 interviews be conducted outside of this room. Since the date of the casualty the 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 National Transportation Safety Board and Coast Guard have conducted substantial 2 evidence collection activities and some of that previously collected evidence will be 3 considered during these hearings. Should any person have or believe that he or she 4 has information not brought forward, but which might be of direct significance, that 5 person is urged to bring that information to my attention by emailing [email protected]. 6 The Coast Guard relies on strong partnerships to execute its missions. And this Marine 7 Board of Investigation is no exception. The NTSB provided a representative for this 8 hearing. Mr. Tom Roth-Roffy, also seated to my left is the Investigator in Charge for the 9 NTSB investigation. Mr. Roth-Roffy, would you like to make a brief statement? 10 Mr. Roth-Roffy: Good morning Captain. Good Morning, I am Thomas Roth-Roffy, 11 Investigator in Charge for the National Transportation Safety Board’s investigation of 12 this hearing, correction, this accident. The NTSB has joined this hearing to avoid 13 duplicating the development of facts. Nevertheless, I do wish to point out that this does 14 not preclude the NTSB from developing additional information separately from this 15 proceeding if that becomes necessary. At the conclusion of these hearings the NTSB 16 will analyze the facts of this accident and determine a probable cause independently of 17 the Coast Guard. Issue a separate report of the NTSB’s findings and if appropriate 18 issue recommendations to correct safety problems discovered during the investigation. 19 Thank you. 20 CAPT Neubauer: Thank you. We will now hear testimony from Mr. Jim Fisker- 21 Andersen, Port Engineer, Tote Services Incorporated. Mr. Fisker-Andersen, please 22 come forward to the witness table and Lieutenant Commander Yemma will administer 23 your oath and ask you some preliminary questions. 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 LCDR Yemma: Could you please raise your right hand. A false statement given to an 2 agency of the United States is punishable by a fine and or imprisonment under 18 3 United States Code section 1001, knowing this do you solemnly swear that the 4 testimony you’re about to give will be the truth, the whole truth and nothing but the truth, 5 so help you God? 6 WIT: Yes I do. 7 LCDR Yemma: Thank you, you can be seated. Sir, can you please state your full 8 name for the record and spell your last? 9 WIT: Jim Fisker-Andersen, last name is spelled F-I-S-K-E-R- Andersen, A-N-D-E-R-S- 10 E-N. 11 LCDR Yemma: Thank you, sir. And counsel can you also state your name and spell 12 your last for the record? 13 Counsel: Luke Reid, K&L Gates, last name spelled, R-E-I-D. 14 LCDR Yemma: Mr. Fisker-Andersen, can you please state your current employment 15 and your position with them? 16 WIT: I work for Tote Services as Director of Ship Management. 17 LCDR Yemma: And what are some of your general responsibilities in that position? 18 WIT: To support the ships to operate safely. 19 LCDR Yemma: And can you please describe some of your prior relevant work 20 experience? 21 WIT: I’m a 1990 graduate of California Maritime Academy. Bachelors of Science and 22 Marine Engineering Technology. I sailed for 5 years on my license. And I’ve worked in 23 shipboard management for 20 years. More recently before I worked for the Tote 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 organization I worked for a major cruise line in the positions of, for 3 years as a 2 technical superintendent. And the following 4 years as a marine safety compliance, 3 Manager of marine safety compliance. I joined Totem Ocean in 2008 as a Port 4 Engineer where I was the Port Engineer for the North Star for 4 years. I was promoted 5 to Director for the Marine and Terminal Operations in 2013. At the end of 2013 the 6 company reorganized and in January of 2014 I became a Port Engineer for Tote 7 Services and I relocated to Jacksonville, Florida. January 1st of 2015 I was promoted to 8 Director of Ship Management for Tote Services. 9 LCDR Yemma: And do you currently hold any licenses or professional certifications? 10 WIT: I’m a licensed First Assistant Engineer steam motor unlimited, that’s a current 11 license. 12 LCDR Yemma: Thank you, sir. Mr. Fawcett will have questions for you. 13 Mr. Fawcett: Good morning Mr. Fisker-Andersen. 14 WIT: Good morning. 15 Mr. Fawcett: All the questions I’m about to ask you will relate to the time period before 16 the loss of the El Faro and her crew unless I otherwise state that.