Opening Statement by Chairman of the Board of Inquiry

Issues for the Public Hearing

• The Cosco Busan’s bridge navigation equipment functional operability
• The Cosco Busan’s Safety Management System and operations in San Francisco Bay
• VTS level of control over the Cosco Busan prior to the allision
• Accident notification and initial spill assessment
• Oversight of the Cosco Busan pilot
• The safety net under state pilotage

Board of Inquiry

• Chairman Mark Rosenker, Chairman of the Board of Inquiry,
• Mr. Joseph Osterman, the agency’s Managing Director,
• Dr. Jack Spencer, Director of the Office of Marine Safety, and
• Mr. Robert Henry, Chief, Marine Investigations, Office of Marine Safety and the Hearing Officer

Technical Panel

• Mr. Tom Roth-Roffy, Investigator in Charge, Office of Marine Safety
• Mr. Larry Bowling, Operations Group Chairman, Office of Marine Safety
• Captain Rob Jones, Operations-Deck Group Chairman, Office of Marine Safety
• Dr. Barry Strauch, Human Factors-Operations Group Chairman, Office of Marine Safety
• Ms. Crystal Thomas, Environmental Group Chairman, Office of Railroad, Pipeline and Hazardous Materials Investigations
• Mr. Paul Stancil, Environmental Group, Environmental Group Chairman, Office of Railroad, Pipeline and Hazardous Materials Investigations
• Mr. Bob Trainor, Environmental Group, Environmental Group Chairman, Office of Railroad, Pipeline and Hazardous Materials Safety

Public Information Officer

• Peter Knudson, Public Affairs Specialist

Introduction of the Parties to the Hearing

• American Pilots Association
• California Dept of Fish and Game, Office of Spill Prevention and Response
• Fleet Management Limited, Hong Kong
• California Board of Pilot Commissioners
• San Francisco Bar Pilots Association
• Sperry Marine

Opening Presentation by the Investigator-in-Charge

Tom Roth-Roffy, Office of Marine Safety

TOPIC # 1: The Cosco Busan’s bridge navigation equipment functional operability.

Witness # 1:

• Mike Hughes, Sperry Marine

Technical Panel Lead Questioner: Tom Roth-Roffy

Issue Areas:

Type approval and features of VMS and radar

• Condition of the VMS and radar at the time of the accident, service history
• Operation of the VMS and radar by the pilot and crewman

Exhibit numbers: 37-47

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TOPIC # 2: The Cosco Busan’s Safety Management System and operations in San Francisco Bay

Witness #2:

• Capt. Aga (Nagarajan M.S.), Fleet Management Technical Manager

Technical Panel Lead Questioner: Larry Bowling

Issue Areas:

• Cosco Busan Safety Management System (SMS)
• Ops in reduced visibility
• Safe speed
• Pilot oversight by crew
• Passage planning
• Crew training, qualifications and familiarization

Exhibit numbers: 5-26

TOPIC # 3: Did VTS exert the appropriate level of control over the Cosco Busan prior to the allision.

Panel # 1: USCG

• Capt Gugg, Sector Commander, San Francisco
• Lcdr R Mohr, VTS, Sector San Francisco
• Cdr Tetreault, VTS Project Manager, USCG-HQ

Technical Panel Lead Questioner: Larry Bowling

Issue Areas:

• Qualifications, training and retention of VTS watch standers
• “Continuum of Control” concept and use of authority
• Use of VTS Directive and Measures when necessary
• Unsafe speed, adverse weather, traffic congestion.
• Effectiveness of current VTS policies and procedures
• Effectiveness of the San Francisco Bay Harbor Safety Plan
• Post accident actions
• Effectiveness of MOA between USCG District 11 and California; pollution prevention

Exhibit numbers: 5-26

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TOPIC # 3: Was the accident notification and initial spill assessment appropriate.

Panel # 2: USCG, OSPR, O’Brien’s Group, S.F.

• Capt Uberti, Former San Francisco Sector Commander, USCG
• Capt Roy Mathur, California Dept Fish and Game–OSPR
• Lt. Rob Roberts, California Dept Fish and Game–OSPR
• Barry McFarland, O’Brien Group
• Rob Dudgeon, City and County of San Francisco

Technical Panel Lead Questioner: Crystal Thomas

Issue Areas:

• Role in the Cosco Busan response, position in Unified Command
• Regulatory/legal authority for open water marine oil spills
• Incident notification, information received, and actions
• Urgency to quantify amount of oil discharged
• Assessment and evaluation of information received about vessel damage, oil sightings, initial spill estimates, and deployment of spill response resources
• Effect of USCG PI Team quantification and other spill quantity reports on the mobilization of response effort
• Communications with OSRO about spill magnitude and response activities
• Contact with and notification of local agencies
• Criteria for deployment of response resources
• Available and effectiveness of assets and spill response capabilities

Exhibit numbers: 48-81

DAY TWO - Wednesday - [TRANSCRIPT - PDF, 581 KB]

TOPIC # 4: Was the oversight of the Cosco Busan pilot properly carried out.

Panel # 3: USCG/USPHS, S.F. Bar Pilots, Calif Pilot Commission

• Dr. Bourgeois, MD
• Capt French, USCG, National Maritime Center
• Capt. Kranking, USCG Headquarters
• Capt McIsaac, San Francisco Bar Pilots
• Mike Miller, San Francisco Board of Pilot Commissioners

Technical Panel Lead Questioner: Dr. Barry Strauch

Issue Areas:

• Medical oversight of San Francisco Bar Pilot
• Proposed changes to USCG medical oversight system
• Additional suggested improvements to USCG medical oversight system
• Performance oversight of San Francisco Bar Pilot
• On going monitoring of pilot performance

Exhibit numbers: 82-97

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TOPIC # 5: How is the safety net under state pilotage maintained.

Panel # 4: Pilot Associations

• Paul Kirchner, Executive Director, American Pilots Association
• Capt. McIassic, S. F. Bar Pilot Association
• Capt. George Viso, Tampa Pilots Association
• Capt. Robert Thompson, Houston Pilots Association
• Capt. Eric Nielson, Maryland Pilots Association

Technical Panel Lead Questioner: Capt. Rob Jones

Issue Areas:

• Associations’ mandate
• Local policies and oversight of pilots by associations
• Best practices (safety)
• Use of electronic charting
• Non-ECDIS on vessel
• Laptops
• Operations in reduced visibility; go/no go policy
• Effectiveness of tox testing program. Compliance with USCG regulatory ‘owner’ responsibilities
• Outreach in Harbor Safety Committee initiatives

Exhibit numbers: 27-36

Panel # 5: State Pilot Oversight Commissions

• Mike Miller, S. F. Pilot Commission
• Robert Pouch, New York Pilot Commission
• Cheryl Phipps, Florida Pilot Commission
• Thomas Kornegay, Houston Pilot Commission

Technical Panel Lead Questioners: Dr. Barry Strauch

Issue Areas:

• Organizational attributes
• Authority
• Objectivity/independence from political/commercial interests
• Expertise
• Resources
• Quality of accident investigations
• Inter-state communications and outreach
• Recruitment, qualifications, selection, training and discipline of state pilots
• Continuous monitoring of pilot proficiency
• Medical oversight of pilots
• Best practices

Exhibit numbers: 82-97

Closing Remarks by Chairman of the Board of Inquiry

Allision of the container ship M/V Cosco Busan with The San Francisco