OREGON BOARD OF MARITIME PILOTS MINUTES #507
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1 OREGON BOARD OF MARITIME PILOTS MINUTES #507 The Oregon Board of Maritime Pilots met at the Barbey Maritime Center in Astoria, Oregon on May 19, 2016 at 1:00 p.m. The Board representatives present included Chair Mindy Ferns, Vice Chair Tom Markgraf, Kip Callahan, Capt. Robert Johns on, Capt. Elroy Olsoa, Gary Piercy, Andy Papachristopoulos, Dan Pippenger, Capt. George Wales, Assistant Attorney General Jason Jones, Eric Burnette, Executive Director and Susan Johnson, Administcator. APPROVAL OF MINUTES #506: Capt. Johnson noted that on the second page under the Harbor Safety Committee report, the contcactor name should be corrected to "DNV-GL53. A MOTION was made to approve the minutes of the March 24, 2016 Board meeting as amended. The motion was seconded and CARRIED. PRESENTATION: PILOTAGE TARIFFS - Board staff gave an educational session on pilotage tariffs. Susan Johnson gave an overview of the five tariff adjustments that are made on an annual or quarterly basis. Eric Bumette gave an example ofpuotage charges billed to a particular vessel on each pilotage ground, and how they compare to other charges vessels must pay as part of the total cost of visiting Oregon's ports of call. NEW BUSINESS: Southport Informal Request on State Pilotage on U.S. Tugboats in Coos Bay; Coos Bay Pilots Response - Correspondence was received from attorney C. Kent Roberts representing Southport Lumber Company dated April 15, A letter in response was received from attorney Kevin Davis representing the Coos Bay Pilots dated May 6, A responding letter was received from Southport dated May 17, Chair Ferns advised that the Board would convene an executive session after discussing the issues raised in the conespondence. The Southport letter requests the Board to reconsider its position on requiring U.S. tugboats towing barges that originated in Canada to take a state-liceased pilot in Coos Bay. They contend that these tugs clear customs in ports in the state of Washington, and are sailing under coastwise endorsement when they enter Oregon and are not required to take a pilot. The Coos Bay Pilots believe that the tugboats are sailing under registry endorsement and are subject to ptlotage laws. They suggested that the Board ask U.S. Customs to issue an opinion on the application of federal law to this specific scenario. Mr. Roberts and Jason Smith of Southport addressed the Board with theit comments. The Board then went into executive session as provided in ORS (2) (f) & (h), to consult with counsel and consider his written advice. After returning to open session, Ms. Ferns announced that two issues are raised one a federal legal issue and the other a policy issue on safety for the Board. The Board intends to contact U.S. Customs infomiauy on the interpretation of federal law to this scenario, and address the policy issue following a determination. OLD BUSINESS: Proposed Rules for Fatigue Reporting - Fiaal proposed language has been submitted for consideration by the Board for pilot organizations to report compliance with their fatigue management programs, and required records retention. Ms. Ferns noted that under paragraph (4) for records retention the term "photographic" will be stricken. There was discussion of industry standards for records retention. Mr. Markgrafmade a M[OTION to go forward with a notice of proposed mlemaking to adopt the rule amendments. Mr. Callahan provided a second to the motion, which CARRIED.
2 Oregon Board of Maritime Pilots Page 2 Minutes #507 - May 19, 2016 Proposed Rules for Safety Training/Drills Reporting - The amended language does not change any of the training requirements, but does codify the reporting mechanism which is currently standard practice. Mr. Markgraf made a MOTION to go forward with a notice of proposed mlemaking to adopt the rule amendments. Mr. Pippenger ptovided a second to the motion, which CARRIED. INCIDENT REPORTS: GMT Astro - A 625 foot car carrier, piloted by Capt. C.P. Dobbias, was docking and tying up at Termiaal 6 when damage occurred to the vessel. Capt. Olson made the investigation and provided a written report which is incorporated as a part of these minutes. The incident and resulting damage was caused by the Master moving the vessel without consulting the pilot. Capt. Ols on recommended the incident be filed with no pilot error. It was agreed to delay Board action until all the incidents were reviewed. BTG Eiger - A complaint was received from the vessel Calipso that the BTG Eiger passed Vancouver Berth 13 too close and at excessive speed, causiag damage to their gaagway. Capt. Olson noted that the complaint was not received until after both vessels had sailed, so there was no way to conduct a proper investigation. After reviewing TV 32 footage of the BTG Eiger's tcaasit, he determined that the vessel was maintaimng bare steerage way and recommended no action be taken by the Board. Andtomeda - This was a precautionary report that involved the vesseps loss of engine power and steerage, but did not result in any reportable incident. Mr. Markgraf made a MOTION to accept the reports with no pilot error on the GMT Astco and BTG Eiger incidents, and to take no action on the Aadromeda as a non-incident. Mr. Callahan provided a second to the motion, which CARRIED UNANIMOUSLY. COMMITTEE REPORTS: Harbor Safety Committee - The last meeting was held on May 11 at the Port of Vancouver. The committee continues its focus on fundraising for 2016; finishing the update of the Harbor Safety Plan; preparing for hosting the 2016 National Harbor Safety Conference and participation in the Columbia River Vessel Traffic Safety Assessment (CRVTSA). The next meeting is scheduled for July 13, 2016 In Astoria. Scott Ferguson ofwa DOE reported that the work group met last week with contractor DNV-GL. They also conducted two webiaars with tribal representatives and other stakeholders outside of the regular work group. They wiu. be conducting outreach over the summer and a scenario workshop in October. Medical Oversight Mr. Buraette reported that the committee was close to consensus and will soon be drafting proposed rule language for the Board to review and consider. Transportation Oversight (TOC) - Mr. Markgraf stated that the committee has prepared recommendations for the Board to consider: (1) Approved a tariff adjustittieat; and (2) sync the tariff adjustment with the annual COLA adjustment The proposed tariff adjustment amounts to a decrease of $8.01 per vessel transit. Mr. Callahan made a MOTION to approve both recommendations, including going forward with a temporary rulemaking to sync the timing of the transportation adjustment with the annual COLA adjustment on September 1. Capt. Olson provided a second to the motion which CARRIED UNANIMOUSLY.
3 Oregon Board of Maritime Pilots Page 3 Minutes #507 '-May 19, 2016 STAFF REPORT: Budget - Board members were presented with the latest budget reports from March 31 and April 30, Mr. Bumette pointed out that the Board has been using a fair amount Attorney General rime. There is a possibility that this line item may become a biannual flat-fee to improve predictability in the Board's budget. FOR THE GOOD OF THE ORDER: Ms. Ferns inbcoduced Mike Swanson, who will soon be the newest public member of the Board. Tom Markgraf completed his second term on the Board and this will be his last meeting. Ms. Ferns presented him with a recognition plaque honoring his service to the state. Capt. Olson mtcoducedjeremy Wood, who recendy began training to become a Columbia River pilot in anticipation of the upcoming retirement of Capt. Reed Sigfridson. The meeting adjourned at 2:50 p.m. The next meeting is scheduled for July 21, Respectfully submitted, U/^,- '-c-^^.^ -.-,, Susan Johnson, Administcator License Renewals - As submitted on the agenda, the following licenses are scheduled for renewal in May & June: On the Columbia and WiUamette River pilotage grounds - R.D. Sigfddson #090, C.B. Satalich #127, E.E. Olson #114, R.D. Gill #142, G.B. Howe #115, and M.R. Paulson #155. Approved 7/21/2016, Minutes #508
4 Oregon Board of Meantime Pilots Page 4 Minutes ff 507 '-May 19, 2016 MA^ GMT Astro Incident Date: January 2, 2016 Reported by: Capt. Elroy E. Olson Subject: Investigation of dock damage at berth 607, from the MA/ GMT Astro. Pilot: Charles Dobbins Vessel Particulars: Name: GMT Astro Type: Car Carrier LOA: 625ft. Draft: 29 ft. 6 in. Year built: 1987 Port of Registry: Panama Introduction: On January 2, 2016, at approximately 07:45 to 07:50, while docking and tying up at Terminal 6 Berth 607. Incident Details: In the process of tying up, the T-6 security officer radioed the ship needed to shift upstream 3 meters to be on spot. Capt. Dobbins responded, after all the lines were on their perspective bollards, that he would move the ship into position. At some time shortly after that, the Captain decided to put the engine astern, and spot the ship downstream of where the pilot was instructed to spot the ship for discharge. In the process the fender that is attached to the dolphin slipped inside the side ramp of the ship, causing it to sheer off. Worked Performed: Interviewed Pilot and reviewed pilot's report. Attempted interview with the Captain and was refused. Took pictures and acquired pilot card and ship particulars. Cause: This incident was caused by the Captain shifting the ship without consulting with the pilot. Recommendation: This incident should be filed with a finding of no pilot error. Respectfully submitted: Captain Elroy E. Olson
5 Oregon Board of Maritime Pilots Page 5 Minutes #507-May 19, 2016 MA/ BGT Eiger Incident Date: February 15,2016 Reported by: Capt. Elroy E Olson Summary Report: Complaint by MA/ Cafipso Pilot: John Galloway Vessel Particulars: Name: BGT Eiger Type: Bulk Carrier IDA: 751 ft. 4 in. Draft: 42 ft. 3 in. Year Built: 2016 Incident details: The Columbia River Pilots received a complaint from the MA/ Calipso. Their complaint was that the MA/ BGT Eiger passed Vancouver Berth 13 too closely and with excessive speed which caused their vessel to surge alongside the berth. Their claim was that the surge caused damage to their gangway. Worked Performed: Watched TV 32 program at Pilot Office Interviewed Pilot Conclusion: The complaint by The MA/ Calipso was not received until after the MA/ Calipso sailed on February 18th. The MA/ B6T Eiger Sailed on February 15th. At this point there was no way to perform a proper investigation/ or conclude that the MA/ BTG Eiger was even involved. TV 32 shows that the speed of the MA/ BGT Eiger was 8.2 knots over the ground with a 1.5 knot ebb current, resulting in 6.7 knots of speed through the water. 6 knots of speed through the water is bare steerage way for a vessel of this size and draft. Recommendation: No action should be taken as a result of the late claim by the MA/ Calipso. Respectfully submitted: Captain Elroy E. Olson
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