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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 23 May 2016 4 Volume 16 5 CAPT Neubauer: Good morning. This hearing will come to order. Today is May 23rd, 6 2016 and the time is 9 O’clock. We’re continuing at the Prime F. Osborn Convention 7 Center in Jacksonville, Florida. I am Captain Jason Neubauer, of the United States 8 Coast Guard, Chief of the Coast Guard Office of 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 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 also minimize entry 16 or departure into the hearing room while the hearing is in session. Photography will be 17 permitted during this opening statement and during recess periods. The members of 18 the press are welcome and an area has been set aside for your use during the 19 proceedings. The news media may question witnesses concerning the testimony that 20 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 22 National Transportation Safety Board and Coast Guard have conducted substantial 23 evidence collection activities and some of that previously collected evidence will be 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 considered during these hearings. Should any person have or believe that he or she 2 has information not brought forward, but which might be of direct significance, that 3 person is urged to bring that information to my attention by emailing [email protected]. 4 The Coast Guard relies on strong partnerships to execute its missions. And this Marine 5 Board of Investigation is no exception. The NTSB, has provided a representative for 6 this hearing. Mr. Tom Roth-Roffy, also seated to my left is the Investigator in Charge for 7 the NTSB investigation. Mr. Roth-Roffy, would you like to make a brief statement? 8 Mr. Roth-Roffy: Yes, good morning Captain. Good morning all. I’m Thomas Roth- 9 Roffy, Investigator in Charge for the National Transportation Safety Board’s 10 investigation of this accident. The NTSB has joined this hearing to avoid duplicating the 11 development of facts. Nevertheless, I do wish to point out that this does not preclude 12 the NTSB from developing additional information separately from this proceeding if that 13 becomes necessary. At the conclusion of these hearing the NTSB will analyze the facts 14 of the accident and determine a probable cause independently of the Coast Guard, 15 issue a separate report of the NTSB findings and if appropriate issue recommendations 16 to correct safety problems discovered during this investigation. Thank you Captain. 17 CAPT Neubauer: Thank you. Before we begin today I wanted to make a couple of 18 notes for the record. Yesterday was National Maritime day and many ports around the 19 nation are observing – are conducting observances today to highlight the importance of 20 maritime commerce and honor the seafarers that make it all possible. Mr. Schilling I 21 also wanted to take the opportunity to personally thank you, sir, for all of the time you’ve 22 invested in the investigation since it occurred. And I know you’ve been involved while 23 also trying to run a company. So I appreciate that, sir. We will now call our first 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 witnesses of the day. Mr. Spencer Schilling and Mr. Michael Newton with Herbert 2 Engineering Corp. 3 ** Note for the record: Mr. Spencer Schilling will be labeled as WIT 1. Mr. Michael 4 Newton will be labeled WIT 2: ** 5 LCDR Yemma: Sir, would you please stand and raise your right hand. A false 6 statement given to an agency of the United States is punishable by a fine and or 7 imprisonment under 18 United State Code Section 1001, knowing this do you solemnly 8 swear that the testimony you’re about to give will be the truth, the whole truth and 9 nothing but the truth, so help you God? 10 WIT 1: I do. 11 WIT 2: I do. 12 LCDR Yemma: Thank you. Be seated please. Counsel can you please state your 13 name and spell your last for the record? 14 Counsel: My name is Willa France, F-R-A-N-C-E, like the country. 15 LCDR Yemma: Thank you. And Mr. Schilling would you please state your name and 16 spell your last for the record? 17 WIT 1: Spencer Schilling, S-C-H-I-L-L-I-N-G. 18 LCDR Yemma: Mr. Newton please. 19 WIT 2: Michael Newton, N-E-W-T-O-N. 20 LCDR Yemma: And Mr. Newton where are you currently employed and what is your 21 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 2: I’m currently employed – I’m currently employed by Herbert ABS software 2 solutions LLC. I am a Vice President, head of development and product manager for 3 our CargoMax and LMP products. 4 LCDR Yemma: Okay. Can you just describe generally some of your responsibilities in 5 that position? 6 WIT 2: My responsibilities include overseeing a team of developers that work on all of 7 the products within our company. I do some development work myself on specific 8 features and tools within the program. As well as new developments. I maintain and 9 oversee a larger development project being run by my development team. As a product 10 manager for the CargoMax division I oversee my product mangers – or my project 11 managers as they put together CargoMax programs and deliveries for our clients 12 around the world. And I have the same aspects for our LMP software as well. My LMP 13 is focused on offshore platforms. And so I am overseeing and managing those projects 14 and assisting them as necessary. 15 LCDR Yemma: Can you also describe some of your prior relevant work experience 16 please? 17 WIT 2: Well I graduated from Web Institute in 1999 with a bachelors in marine 18 engineering and naval architecture and I began working for Herbert Engineering directly 19 out of school.
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