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 25 May 2016 4 Volume 18 5 CAPT Neubauer: Good morning. This hearing will come to order. Today is May 25th, 6 2016 and the time is 9 O’clock. We are 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 caused 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 or the witnesses in particular. Please turn your cell phones or 15 other electronic devices off or to silent or vibrate mode. Please minimize entry and 16 departure from 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 NTSB 22 Board and Coast Guard have conducted substantial evidence collection activities and 23 some of that previously collected evidence will be considered during these hearings. 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 Should any person have or believe that he or she has information not brought forward, 2 but which might be of direct significance, that person is urged to bring that information to 3 my attention by emailing [email protected]. The Coast Guard relies on strong 4 partnerships to execute its missions. And this Marine Board of Investigation is no 5 exception. The NTSB has provided a representative for this hearing. Mr. Thomas 6 Roth-Roffy, seated to my left is the Investigator in Charge for the NTSB investigation. 7 Mr. Roth-Roffy, would you like to make a brief statement? 8 Mr. Roth-Roffy: Yes, thank you Captain. Good morning all. I’m Thomas Roth-Roffy, 9 Investigator in Charge for the National Transportation Safety Board’s investigation of 10 this accident. The NTSB has joined this hearing to avoid duplicating the development of 11 facts. Nevertheless, I do wish to point out that this does not preclude the NTSB from 12 developing additional information separately from this proceeding if that becomes 13 necessary. At the conclusion of these hearing the NTSB will analyze the facts of this 14 accident and determine the probable cause independently of the Coast Guard, issue a 15 separate report of the NTSB findings, and if appropriate issue recommendations to 16 correct safety problems discovered during this investigation. Thank you Captain. 17 CAPT Neubauer: Thank you. We will now call our first witnesses of the day, Mr. Jerry 18 McMillan from U.S. Coast Guard Sector San Juan. 19 LCDR Yemma: Sir, please raise your right hand. A false statement given to an agency 20 of the United States is punishable by a fine and or imprisonment under 18 United State 21 Code Section 1001, knowing this do you solemnly swear that the testimony you’re about 22 to give will be the truth, the whole truth and nothing but the truth, so help you God? 23 WIT: I do. 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: Thank you. You can be seated, sir. Mr. McMillan can you please state 2 your full name and spell your last name? 3 WIT: Jerry Elden McMillan, my last name is M-C-M-I-L-L-A-N. 4 LCDR Yemma: And counsel can you also state your name and spell your last please? 5 Counsel: Travis Noyes, N-O-Y-E-S. 6 LCDR Yemma: Thank you. Mr. McMillan can you please tell the board where you’re 7 currently employed and what your position is? 8 WIT: I’m currently employed at Coast Guard Sector San Juan in San Juan, Puerto 9 Rico. And I’m the marine inspection training officer. 10 LCDR Yemma: And what are some of your responsibilities in that position please? 11 WIT: I’m responsible for the training of all the marine inspectors there. Also doing 12 inspections. And there’s a whole list of things. Advisor to the command on technical 13 issues with vessels. I’m also the alternate compliance, the ACP alternate compliance , 14 what do you call it, ACP officer. 15 LCDR Yemma: Can you also tell the board about your prior relevant work experience 16 please? 17 WIT: Work experience? 18 LCDR Yemma: Yes. 19 WIT: I came into the marine inspections in 1991 when I became a Warrant Officer. 20 And I’ve been working marine inspection every since then. 21 LCDR Yemma: And what is your highest level of education completed? 22 WIT: I have a Bachelors in technical management. 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: Thank you Mr. McMillan. Commander Venturella will have questions 2 for you now. 3 LCDR Venturella: Good morning Mr. McMillan. This interview will include one longer 4 line of questioning. There will be a discussion of your role as Sector San Juan’s marine 5 inspection training officer and then we’ll follow that discussion with a discussion of the 6 alternate compliance program and the last Coast Guard annual oversight exam of the El 7 Faro on March 6th, 2015. If at any time you need a break, especially given that we’re 8 doing one longer line of questioning please let us know. Do you have any questions? 9 WIT: No I don’t. 10 LCDR Venturella: Mr. McMillan you provided a little bit of your job history, but can you 11 please provide a little bit more on your job history, training and qualifications as far as 12 inspections go which led to your current position as the marine inspection training officer 13 at Sector San Juan? 14 WIT: Okay. I started out in San Juan, Puerto Rico in 1991. At that time I got my barge, 15 barge qualification, my small passenger vessel qualification, foreign tank and foreign 16 chemical and cruise ship at that time.