gCaptain.com

Back in November we worked with a number of organizations to bring you the path of the Cosco Busan on the day of its allision with San Francisco’s Bay Bridge (article link). Today, in response to Paul Drouin’s article “Pilotage Paradox - A Look Into The Cosco Busan Allision“, our friend Professor Kurt Schwehr  has compiled the radar images of the incident on his blog. Take a look:  LINK

You can find our full coverage of the incident on our tag page: Cosco Busan Articles.

CNN tells us:

The 420,000-gallon oil spill polluting 98 miles of the river happened early Wednesday when a 61-foot barge carrying the fuel collided with a tanker, just north of the massive bridges connecting downtown New Orleans to communities across the river.

Operations to salvage the barge, which is owned by American Commercial Lines Inc., were to begin Thursday, said Petty Officer Jaclyn Young. She said the barge was no longer leaking oil.

Containment booms were installed Wednesday to prevent the oil from spreading to environmentally sensitive areas and seeping into water-supply intake valves in Gretna, St. Bernard, Dalcour, Belle Chasse, Pointe a la Hache, Port Sulphur and Boothville-Venice, Young said.

The tug Mel Oliver, which had been hired to push the barge upriver, had no properly licensed crew on board the vessel, Young said. The tugboat pilot had only an apprentice mate’s license instead of the required master’s license, she added.

We are still in the process of sorting out information regarding the cause of the incident but are familiar with the state of American Commercial Lines in light of their recent financial difficulties. In our close working relationship with Northeast Maritime Institute we have learned that ACL had abruptly ended a contract established to train ACL’s mariners. This training was developed to provide unlicensed crew members training as captains and helped them get both the skills need to navigate inland rivers. Specific to collision avoidance the Institute used hands on training from licensed instructors as well as advanced ship simulators that allow mariners to simulate transits on the Mississippi.

gCaptain is also investigating a death that occurred recently when a captain fell overboard. Initial reports question the role vessel maintenance played in the incident.

Stay tuned HERE for continued coverage.

UPDATE:

We have been informed that the tugboat pushing an American Commercial Lines barge was owned and operated by a 3rd party vendor, not ACL. With further research gCaptain has also learned that ACL had identified the need to vet the level of training provided to mariners by vendor companies. According to a Northeast Maritime Institute representative they had made significant progress in the development of this program when ACL walked away from the training contract with NMI in June of this year.

Today’s AP wire tells us:

The U.S. Justice Department filed a lawsuit six months ago accusing the pilot and the owner of the Cosco Busan of breaking environmental laws when the ship struck a bridge support and spilled 53,000 gallons of toxic oil.

In legal papers filed Thursday, Hong Kong-based ship owner Regal Stone argues that the episode was caused by what it called the gross negligence and willful misconduct of the United States.

The company says the government should not have granted Capt. John Cota licenses because he was not medically fit for duty. (Full Story)

.

Not Being John Cota

by Bob Couttie

“Capt. Cota acknowledges the lack of situational awareness and does not expect it to happen again.”
Board of Pilot Commissioners for the Bays: Investigation into the grounding of the M/V Pioneer…on 20 February 2006.

Bay pilot John Cota’s week it wasn’t, starting April 8, 2008. Since the US Department of Justice has already charged him on two criminal counts, an act likely to hinder a helpful investigation, his lawyers advised him to claim the protection under the Fifth Amendment of the US constitution against self-incrimination and declined to give testimony at the public hearings of the US National Transportation Safety Board, a protection ironically, which the US government does not want extended to non-US seafarers.

The ship’s crew, currently detained as ‘material witnesses’ for Cota’s trial did not give testimony, either.

Much of the second day of the hearing was occupied by evidence on Cota’s medical condition and previous history of alcohol abuse - he was tested for alcohol immediately after the incident and found clear. After the incident, the US Coast Guard asked Cota to surrender his mariner’s license because “the listed potential side effects of those medications and how they may or may not have some impact upon his judgment, his ability to function, cognitive ability,” said Chief of the Regional Exam Center, George Buffleben.

A medical witness, Dr. Robert Bourgeois, told the hearing “I wouldn’t want anyone taking those medicines and having to make decisions in a safety-sensitive position”. When askled if he would let his children board a bus with a driver using such medication, he said “my kids would not be on that bus”.

John Cota, call sign Romeo, was evaluated for renewal of his license in January 2007 under a system that is currently undergoing changes. However, this does call into question the effectiveness of the medical examination process.

This does not necessarily mean that Cota was suffering impairment. If he was, the hearing was told, it would be difficult for the master or officers to tell whether or not he was so impaired as to present a hazard. Under US legislation ship’s officers are required to obey the orders of the pilot unless he is clearly incompetent or incapacitated.

There has been much comment about alleged problems with the radar, AIS and ECIDS, with Cota saying that the latter was confusing. It is clear for the VDR transcript that he was struggling with both. The pilot who had conducted the Cosco Busan inbound, Captain Nyborg, had no problems with radar or AIS, and these were found to be working after the incident.

He also had little problem communicating with the Captain, Mao Cai Sun, nor with the helmsman.

Captain Nyborg did notice a problem with the ECDIS, with the track being offset to the west. Nyborg disembarked the Cosco Busan and later went to the pilot conference centre for a monthly meeting. From there he saw the ship coming away from anchorage 7 and moving towards anchorage 9, “I was surprised because I recognized her as a ship I put in Oakland, and it would be very unusual for that ship to be coming to the wrong direction unless something had happened or something was wrong, like if they had a breakdown or something” said Nyborg. Other pilots present told Nyborg about the allision.

“I tried to remember where, you know, what issues I might have had with it, and what my, you know, if I had any difficulties or, you know, bad helmsman or anything like that. Nothing stuck out in my mind except that I, I remembered that, gee, I think that ECDIS display was showing a poor course as far as — a poor planned route through Delta Echo span, and I wondered if they had tracked the same deal coming outbound,” he told investigators.

Cota arrived at the meeting looking shaken: “(He) actually sat down within 3 or 4 feet of me, and I scooted my chair over and out of concern asked him, John, how you doing? He described how he was doing. Oh, my God, John, what happened? And, and he was visibly shaken. And I said you know what you should look into that - you should look into this ECDIS display because I believe it was, it was running West of where it should have been on my inbound. And of course I didn’t need it, but if you relied on it at all maybe it ought to be something that is investigated.”

Surprisingly, or prehaps not considering the possible emotional impact of the event, Cota forgot about the meeting: “John called me last night, and he had actually — didn’t recall me telling him that. He’s like there’s rumor around that you saw this or saw that, and I’m like, John, I talked to you at the meeting. Didn’t you remember that meeting? He said, no. I was really rattled, and I probably talked to people I didn’t, I don’t remember talking to. And that’s very understandable, you know,” said Nyborg.

______

Bob Couttie has written for a number of maritime industry publications, including the prestigious Lloyd’s List International daily newspaper and Lloyd’s Ship Manager magazine. His reportage on problems with ship’s officer certification examinations in the Philippines in the late 1990s influenced the adoption of computerized examinations for ship officers by the country’s Professional Regulatory Commission.

Bob currently writes and produces podcasts for The Maritime Accident Casebook

TROUBLE ON OILY WATERS.
MV COSCO BUSAN vs THE BRIDGE ON SAN FRANCISCO BAY

BY John G. Denham

On Wednesday 7 November 2007, it started as a short 10 AM radio news item. A tanker hit the bay bridge and some oil was spilled. Just another boating accident. By noon it was reported that the slight contact by a container ship with the “D” tower of the San Francisco Oakland Bay Bridge was more than slight and oil in an unknown amount was spilled. By sunset there were rumors that the oil spill was a major catastrophe. The media scrambled to find information but was unsuccessful. The USCG was not fully aware of the situation and there were no available eye witnesses coming forth Finding available transportation to the scene was near impossible as fog shrouded the bay although incoming ships, ferries and tugs seemed to be moving freely near the bridge.

Lacking official news, the print press, TV and a number of blogs did an excellent job keeping interested persons informed with bits of information pried from various sources and a network of unofficial marine observers e.g., “g Captain.com,” “ flickr.com ” and ”boatingsf.com .” The lack of speculation was evident and although the reports were accurate only professionals and maritime aficionados recognized inconsistencies.

Therefore, this review will summarize what was reported and insert explanations as appropriate, including probable scenarios of what may have transpired. Regardless of facts to be determined later, all the facts may never be known without the truthful statements of those involved.

There will be hearings, investigations, inquiries and probably court trials, both in admiralty and criminal and civil justice; one to find fault, others to make financial awards. The oil spill and its management will be examined by others, ad infinitum, but most disturbing will be the knee-jerk reaction by some to propose solutions before the reason is known.

Time has since passed and we now know the culprit was not a tanker, but the 284.7 meter ( 911 foot) motor (diesel) ship COSCO BUSAN, ex- Hanjin Cairo a foreign flag containership registered in Hong Kong. The captain was Mao Cai Sun of the Peoples Republic of China and the crew was allegedly Chinese. The San Francisco Bar Pilot was John J. Cota a veteran of 27 years as a pilot. The ship was nearly fully loaded with containers and bound for Korea. The China Ocean Shipping Company (COSCO) denied any ownership or managerial responsibility for COSCO BUSAN. The name HANJIN, a Korean shipping company was prominently displayed on the ship’s side but the reported owners are Regal Stone, LTD of Hong Kong and the managing operator was Fleet Management Limited of Hong Kong. [Continue Reading →]

Use the links below to learn more about ten of the world’s largest oil spills.

Amoco Cadiz The Amoco Cadiz encountered stormy weather and ran aground off the coast of Brittany, France on March 16, 1978. Its entire cargo of 68.7 million gallons of oil spilled into the sea, polluting about 200 miles of Brittany’s coastline.

Arabian Gulf Spills Beginning in late January of the 1991 Gulf War, the Iraqi Army destroyed tankers, oil terminals, and oil wells in Kuwait, causing the release of about 900,000,000 barrels of oil. This was the largest oil spill in history.

Argo Merchant On December 15, 1976, the Argo Merchant ran aground on Fishing Rip (Nantucket Shoals), 29 nautical miles southeast of Nantucket Island, Massachusetts in high winds and ten foot seas. Six days later, the vessel broke apart and spilled its entire cargo of 7.7 million gallons of No. 6 fuel oil.

Barge Bouchard 155 On August 10, 1993, three ships collided in Tampa Bay, Florida: the barge Bouchard 155, the freighter Balsa 37, and the barge Ocean 255. The Bouchard 155 spilled an estimated 336,000 gallons of No. 6 fuel oil into Tampa Bay.

Barge Cibro Savannah On March 6, 1990, the Cibro Savannah exploded and caught fire while departing the pier at the Citgo facility in Linden, New Jersey. About 127,000 gallons of oil remained unaccounted for after the incident. No one knows how much oil burned and how much spilled into the environment.

Burmah Agate On November 1, 1979, the Burmah Agate collided with the freighter Mimosa southeast of Galveston Entrance in the Gulf of Mexico. The collision caused an explosion and a fire on the Burmah Agate that burned until January 8, 1980. An estimated 2.6 million gallons of oil were released into the environment, and another 7.8 million gallons were consumed by the fire.

Exxon Valdez On March 24, 1989, the Exxon Valdez ran aground on Bligh Reef in Prince William Sound, Alaska. The tanker was traveling outside the normal shipping lanes in an attempt to avoid ice. It spilled 10.8 million gallons of oil (out of a total cargo of 53 million gallons) into the marine environment, and impacted more than 1,100 miles of non-continuous Alaskan coastline. State and Federal agencies continue to monitor the effects of this spill, which was the largest oil spill in U.S. history.

Ixtoc I The 2-mile-deep exploratory well, Ixtoc I, blew out on June 3, 1979 in the Bay of Campeche off Ciudad del Carmen, Mexico. By the time the well was brought under control in March, 1980, an estimated 140 million gallons of oil had spilled into the bay. The Ixtoc I spill is currently #2 on the all-time list of largest oil spills of all time.

Jupiter On September 16, 1990, the tank vessel Jupiter was offloading gasoline at a refinery on the Saginaw River near Bay City, Michigan, when a fire started on board and the vessel exploded.

Megaborg The Megaborg released 5.1 million gallons of oil as the result of a lightering accident and subsequent fire. The incident occurred 60 nautical miles south-southeast of Galveston, Texas on June 8, 1990.

Source: NOAA Incident News

Sailor, Mariners, seafarers and to whom it may concern

by Captain John Denham

The Department of Justice has submitted “information relative to a criminal action ” in U.S. District Court in San Francisco, California; an accusation against a mariner for violating The Clean Water Act and The Migratory Bird Treaty Act. As a criminal case it will be processed not in Admiralty, but in criminal court, where there is a more relaxed and lesser general acceptance for technical qualification and terminology. The urgency in this priority matter may be a limitation in the Statutes or they are not very busy at DOJ. However it should be noted this an accusation for violating two acts, not an allision between a ship and a fixed object. Shaft alley lawyers, don your caps and peruse.

The defendant, JOHN JOSEPH COTA, did negligently (failed to act as a reasonable person might do in similar circumstances) cause (personally did) the discharge of oil in such quantities as may be harmful from a vessel, the M/V Cosco Busan, into and upon the navigable waters of the United States, without a permit. (Can one discharge oil with a permit?) Specifically, on or about November 7, 2007, Defendant Cota, while piloting the M/V Cosco Busan,(it has not been proven that at the time he was directing the navigation and movement of the vessel) caused approximately 58,000 gallons of heavy fuel oil to be discharged from the vessel into San Francisco Bay by acting in a negligent manner,(Supra) that included the following: (a) failing to pilot a collision free course (Supra; made it safely from Oakland to buoy #1); (b) failing to adequately review with the Captain and crew (all of them?) of the M/V Cosco Busan prior to departure the official navigational charts of the proposed course, (only one route out of Oakland) the location of the San Francisco Bay aids to navigation,( not reported as yet; only 18 aids not including bridge) and the operation of the vessel’s navigational equipment; (c) departing port in heavy fog ( term has no professional meaning: although reported as .1 mile) and then failing to proceed at a safe speed (too may variables and special circumstances involved) during the voyage despite limited visibility; (d) then failing to use the vessel’s radar (operational ability unresolved) while making the final approach to the Bay Bridge; (e) failing to use positional fixes during the voyage; and (f) failing to verify the vessel’s position vis-a-vis other established and recognized aids to navigation throughout the voyage. 33CFR164.11 “The owner master or person in charge shall ensure that: (a) the wheelhouse is constantly manned by persons who: (2)Fix the vessel’s position.”

All alleged in violation of Title 33, United States Code, Sections 1319(c)(1)(A) and 1321(b)(3), a Class A misdemeanor. Reviewing the above it is obvious that owners, masters and person in charge of vessels should make all employees aware of the possibility of enforcement by government of these acts, The media has correctly expressed, “they intend to make examples.” The courts, including those selected as jurors , under instruction, will expect a high professional standard of performance of licensed and documented mariners, seafarers and private boaters. It is possible with a proper defense, one may escape penalty, but the experience is devastating and costly.

This article was written by Captain John Denham, a veteran of 66 years maritime experience in seamanship, ship handling, navigation, piloting, and education. He is also author of The Assistant and DD 891.

_______________

The following is the documented federal charges against Cosco Busan pilot John Cota. [Continue Reading →]

The damaged Cosco Busan is seen in Oakland, Calif., on Saturday, Nov. 10, 2007

The Associated Press is reporting that criminal charges were filed today against Capt. John Coda in the Cosco Busan allision with the San Fransisco Bay Bridge, back in November 10, 2007.

Here’s an excerpt:

Capt. John Cota could face up to 18 months in jail and more than $100,000 in fines if convicted of the misdemeanor charges, which include harming migrant birds protected by the government and violating the Clean Water Act. Cota was not taken into custody, according to court papers.

The complete post is HERE.

___________________________

This post was written by Richard Rodriguez, Rescue Tug Captain, and US Coast Guard approved instructor for License Training. You can read more of his articles at the BitterEnd of the net.

Seattle based Trident Seafood’s 175′ freighter Dolphin with 34,000 gallons of diesel aboard grounded south of Wrangel AK. Dolphin spilled an unknown amount of fuel.

The Juneau Empire story is HERE and video news coverage HERE.

Thanks to BitterEnd for the find!

In this week’s edition of The Maritime Executive Newsletter managing editor Joseph Keefe, weighs in on the changing dynamics of the Master, Pilot and Port State relationship in light of the Cosco Busan incident;

At this early stage, just one thing is perfectly clear: the Cosco Busan allision will ultimately help to redefine the role of, and the liabilities facing marine pilots in the United States today. One of the most primary questions asked of any deck cadet at any maritime academy is: What is the role of the pilot? And, the answer, of course, is (c.), “the pilot provides guidance to, but is not in charge of the vessel.” That tenet has been upheld in many venues, for many, many years. In reality, however, the typical marine pilot who guides a vessel in from the sea buoy to the dock is in complete control of that vessel on the inbound leg. He or she better be, because often the captain of a particular vessel may have never transited that restricted waterway.

This is just an excerpt of Keefe’s well written article, you can continue reading HERE.