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United States Coast Guard the Marine Board of Investigation Into the Capsizing of the M/V Golden Ray on 8 September 2019 in St

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United States Coast Guard the Marine Board of Investigation Into the Capsizing of the M/V Golden Ray on 8 September 2019 in St UNITED STATES COAST GUARD THE MARINE BOARD OF INVESTIGATION INTO THE CAPSIZING OF THE M/V GOLDEN RAY ON 8 SEPTEMBER 2019 IN ST. SIMON SOUND, BRUNSWICK, GEORGIA HELD SEPTEMBER 14-22, 2019 AT BRUNSWICK, GEORGIA TRANSCRIBED BY MICHAEL D. JERRELL COURT REPORTER/PARALEGAL SPECIALIST U. S. COAST GUARD, EIGHTH DISTRICT UNITED STATES OF AMERICA UNITED STATES COAST GUARD In the Matter of: THE MARINE BOARD OF INVESTIGATION INTO THE CAPSIZING OF THE M/V GOLDEN RAY ON 8 SEPTEMBER 2019 WHILE TRANSITING THE ST. SIMONS SOUND IN BRUNSWICK, GEORGIA WITNESS LIST AND PAGE NUMBERS.: 1. Captain Bruce Fendig, Brunswick Bar Pilot's Association …………………………12-48 2. Mr. Steve Farley, Brunswick Stevedores ..………………………………………….. 55-75 3. Mr. Jason O’Kane, U.S. Army Corps of Engineers ………………………………… 76-93 4. Mr. Mike Mavrinac, Hyundai Glovis, USA ..…………………………………….…… 99-130 5. Mr. Samy Maatki, Norton Lilly ……………………………………………………….131-157 6. Mr. Hyun Jip Choi, Senior Manager, Safety Management Team …………..…….160-189 7. Mr. Gi Hak Lee, GOLDEN RAY ……..……………….………………………………194-234 8. Mr. Tae Kim, Superintendent, G-Marine..………….………………………………. 235-250 9. Mr. Junyong Kim, GOLDEN RAY, Read into the record …………………………. 251-259 10. Mr. John Tennant, Brunswick Pilot’s Association …………………………………. 265-322 11. Mr. Clifton Gorden, MORAN Towing ……………………………………………….. 327-346 12. BM2 Jeremy Shaw, U.S. Coast Guard ………………………………………………347-356 13. Captain John Reed, U.S. Coast Guard ……………………………………………...357-378 14. Lieutenant Ian Oviatt, U.S. Coast Guard ……………………………………………383-413 15. Dr. Jeffrey Falzarano, Expert Witness ……………………………………………… 413-440 16. Hyunjin Park, Read into the record ………………………………………..………..443-464 ii UNITED STATES OF AMERICA UNITED STATES COAST GUARD In the Matter of: THE MARINE BOARD OF INVESTIGATION INTO THE CAPSIZING OF THE M/V GOLDEN RAY ON 8 SEPTEMBER 2019 WHILE TRANSITING THE ST. SIMONS SOUND IN BRUNSWICK, GEORGIA EXHIBIT LIST: Exhibits submitted by the Coast Guard (1) CG EX 01 – Facts of the Incident (2) CG EX 02 – NOAA Chart 11506 – Version A (3) CG EX 03A – Multibeam Product (Post Storm) (4) CG EX 03B – Multibeam Product (Post Incident) (5) CG EX 04A – Sidescan Product (Post Storm) (6) CG EX 04B – Sidescan Product (Post Incident) (7) CG EX 05 – Post Incident Investigation Product (8) CG EX 06 – GOLDEN RAY Multibeam Product (9) CG EX 07 – Pre-Stowage Plan PDF (10) CG EX 08 – Pre-Stowage Plan Spreadsheet (11) CG EX 09 – Excerpts from the SMS (12) CG EX 10 – Photos of SILVER RAY Pilot Door (13) CG EX 11 – Select Excerpts of Previously Recorded Testimony J. Kim (14) CG EX 12 – Photos from JAXPORT Departure (15) CG EX 13 – Ship’s Mooring Arrangement (16) CG EX 14 – BM2 Shaw Presentation (17) CG EX 15A – CAPT Reed Presentation (18) CG EX 15B – CAPT Reed Prepared Statement (19) CG EX 16A – LT Oviatt Presnetation (20) CG EX 16B – LT Oviatt Report (21) CG EX 17A – Administratively entered – Dr. Falzarano Presentation (22) CG EX 17B – Administratively entered – Dr. Falzarano Report (23) CG EX 18 A - Letter from Chief Officer Park’s Attorney (24) CG EX 18 B - Excerpts from Park Testimony (USCG) (25) CG EX 18 C - Excerpts from Park Testimony (KMST) (26) CG EX 19 – Court Reporter’s Certification Page Exhibits submitted by other parties (1) Pilot Exhibit A – Fendig Prepared Statement (2) Pilot Exhibit B – Tennant Prepared Statement iii 1 UNITED STATES OF AMERICA 2 UNITED STATES COAST GUARD 3 In the Matter of: 4 THE MARINE BOARD OF INVESTIGATION 5 INTO THE CAPSIZING OF THE M/V GOLDEN RAY 6 ON 8 SEPTEMBER 2019 WHILE TRANSITING THE ST. SIMONS SOUND IN BRUNSWICK, 7 GEORGIA 8 APPERANCE SHEET: 9 The following Board Members and Witnesses appeared on 14 September 2020. 10 CAPTAIN BLAKE WELBORN, USCG, Chair; 11 Mr. LEE WILLETT, USCG; 12 Members, 13 and 14 LIEUTENANT COMMANDER STEPHAINE MOORE, USCG, Member and Recorder. 15 Witness – Captain Bruce Fendig. 16 17 GOLDEN RAY Hearing 18 14 September 2020 19 CAPT Welborn: Good morning it is now 10:30 local on the 14th of September here in 20 Brunswick, Georgia. This hearing is now in session. Good morning ladies and gentlemen I’m 21 Captain Blake Welborn I’m a leading investigating officer for this Coast Guard Seventh District 22 Formal Investigation and the Presiding Officer over these proceedings. The Seventh Coast 23 Guard District Commander has convened this formal investigation under the authority of Title 24 46, United States Code Section 6301 and Title 46 Code of Federal Regulations Part IV to 1 1 investigate the circumstances surrounding the capsizing of the Motor Vessel GOLDEN RAY 2 that occurred on September 8th 2019 while transiting the St. Simons Sound in Brunswick, 3 Georgia. If you’re attending these proceedings remotely you will notice as you look around the 4 room that we are observing all local, Federal, State, and National guidelines regarding the 5 global. Each member of the Board in the room has been briefed and advised on social 6 distancing and or face covering procedures and protocols. In accordance with the 7 International Maritime Organization Casualty Investigation Code, this investigation was 8 mutually agreed upon to be a joint effort between the GOLDEN RAY’s Flag State, the Republic 9 of the Marshall Islands, the U.S. National Transportation Safety Board also known as NTSB 10 and the Korean Maritime Safety Tribunal also known as KMST and the U.S. Coast Guard. The 11 purpose of this investigation is to determine the cause of this incident so that similar casualties 12 may be prevented in the future. The members of this formal investigation have been tasked 13 with investigating this matter, engaging technical matter, subject matter experts from the 14 Investigations National Center of Expertise, the Marine Safety Center, the NTSB and other 15 appropriate agencies and individuals. We will determine the following: The cause of the 16 marine casualty; the adequacy of response resources including rescue, salvage and pollution; 17 the adequacy of the aids to navigation; and other waterways factors; the effectiveness of the 18 safety management system; whether there is evidence that any failure of material, either 19 physical or design was involved or contributed to the casualty so that proper recommendations 20 for the prevention of the recurrence of similar casualties can be made. Whether there is any 21 evidence that any act of misconduct, in attention to duty, negligence or willful violence of the 22 law on the part of any person holding a Coast Guard credential contributed to the casualty so 23 that the proper proceedings against the credential of such person may be recommended. 2 1 Whether there is evidence that any Coast Guard personnel or any representative or employee 2 of any other Government agency or any other person, caused, or contributed to the casualty. 3 And whether the present regulatory framework as applied to this and similar vessels provides 4 and adequate measure of safety. 5 Upon the conclusion of this investigation the members are tasked with submitting our 6 completed investigation report to the Coast Guard Seventh District Commander with the 7 collected evidence, established facts, conclusions and recommendations. I note that many of 8 you are attending today’s session either in person or via video and more are watching via the 9 Live Stream feed. We do appreciate you joining us today. Other than myself the members of 10 this investigation including Mr. Lee Willett and Lieutenant Commander Stephanie Moore who is 11 also serving as our Recorder. The Legal Counsel to the Board is Lieutenant Megan Gold. All 12 investigation and other Coast Guard members have previously sworn to faithfully perform their 13 duties without partiality. Upon completion of the investigation, we will submit our report of 14 findings, conclusions, and recommendations to the 7th Coast Guard District Commander. 15 The NTSB is also charged with the responsibility of determining the cause or probable cause 16 of a major casualty under the provisions of Section 304(a)(1)(E) of the Independent Safety 17 Board Act of 1974. For this reason, the NTSB representative will participate fully in these 18 hearings and may make recommendations about the scope of the hearings, may call and 19 examine witnesses, and may submit or request additional evidence. The representatives for 20 the Republic of the Marshall Islands and KMST, as substantially interested states, may 21 additionally participate fully in this hearing. 3 1 At this time, I will ask that the representatives for the NTSB and the Republic of the Marshall 2 Islands state their appearances. The person representing NTSB, Captain Flaherty please state 3 your name and spell your last name for the record and identify your title now. 4 NTSB: David Flaherty, F-L-A-H-E-R-T-Y. 5 CAPT WELBORN: And Captain your position title is? 6 NTSB: Investigator in Charge for the investigation into the GOLDEN Ray incident. 7 CAPT WELBORN: Thank you. The individual representing the Republic of the Marshall 8 Islands, please state your appearance in the same format. 9 Republic of the Marshall Islands: Thomas Bremer, B-R-E-M-E-R, Deputy Commissioner of 10 Maritime Affairs, Republic of the Marshall Islands Maritime Administrator. 11 CAPT WELBORN: Thank you Mr. Bremer. KMST representatives will not be physically 12 appearing and have provided me a list of questions that they wish to be asked of each witness. 13 When the time arises, I will state when I transition to the questions posed by KMST. 14 I would like to request the cooperation of all persons present to minimize any disruptive 15 influences on the proceedings in general and on the witnesses in particular. Witnesses are 16 appearing before the members of this Formal Investigation to provide valuable information that 17 will assist this investigation.
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