The National Mariners Historic Trust
Annotated NMA Index “N”
UPDATED: May 2, 2016
124 North Van Avenue
Houma, LA 70363-5895
Phone: (985) 851-2134
Fax: (985) 879-3911
www.nationalmariners.us
[email protected]
Asserting our right “…to petition the Government for redress of grievances.”
Amendment 1, U.S. Constitution, Dec. 15, 1791
ANNOTATED NEWSLETTER RESEARCH INDEX
GCMA & NMA NEWSLETTER ARCHIVES, 1999 - 2014
General Comments About the National Mariners Association and Using This Index
— This is an index of GCMA and NMA Newsletter articles that was prepared in 2016 for computer word search.
— GCMA was organized in 1999 as an Association and not as a labor union or a lobby.
— Our Association directed attention to those issues of importance to our “limited tonnage mariners” to senior USCG officials,
Members of Congress, and the news media.
— We prepared this annotated index since our article titles often were inadequate or misleading research tools.
— On Jan. 1, 2008 the Gulf Coast Mariners Association (GCMA) officially changed its name to National Mariners Association
(NMA). All “Reports” are listed both in this index and “Index R” as “NMA Reports.” Researchers should be able to read and
download the full text of each Newsletter and each NMA Report. If not, please contact us by e-mail at www.nationalmariners.us
— Words in italics give clues to guide you to find additional information about each newsletter article.
— A list of abbreviations and acronyms used in this index appears below and may be helpful.
— Consult references to the United States Code (USC) and the Code of Federal Regulations (CFR) where listed.
— The source of many newsletter articles are articles from industry trade journals with authors credited wherever possible.
— Individual members of the GCMA/NMA Board of Directors are credited wherever possible.
— Individual articles in Newsletters 49 through 94 are identified by searchable unique numbers in parentheses: Example: (94.14P).
Other newsletter articles are referenced by newsletter # and page: Example: (NL#95, p.1.).
— We often added NMA/GCMA comments or emphasis in bold italics and/or underlining to focus reader attention. Article titles
are underlined.
— A (Note) draws attention to recent events or conclusions reached after the date the Newsletter was published.
— Where “Our File #” appears as an entry in this index, researchers should contact us for further information until such time as we
can convert these “paper files” to supplement this index.
— This index cites the latest revised NMA Report to research although the newsletter article itself may cite a different report number
or an earlier version of an NMA report that may no longer be available.
— Because of continuing industry “Blacklisting” practices, NMA protected the identity of some mariners.
— “Ancient mariner” refers to anonymous, well-qualified observer(s) with senior USCG and industry experience.
— We placed companies that mistreated mariners on an industry “Hall of Shame” Brown List thru Newsletter #62.
— While NMA dealt with “Hours of Service” and other workplace issues, we seldom engaged in a discussion of wages.
— The USCG is funded to maintain records of Federal Advisory Committee meetings on their “Homeport” website. These reports
can be researched. Because of the expense involved, we were not always able to attend all MERPAC, TSAC, and NOSAC
meetings. In meetings we attended, our reports generally highlight NMA’s interaction with the committee on issues of particular
interest to our mariners.
Abbreviations and Acronyms
A/B = Able Seaman
AAB = American Admiralty Bureau.
AARP = American Association of Retired People
ABS = American Bureau of Shipping. http://ww2.eagle.org
ACL = American Commercial Line. www.aclines.com. (towing and barge line company)
AHP = Above Head of Passes
AHTS = Anchor Handling Tug Supply (vessel-type)
AIM = American Inland Mariners Association.
AIS = Automatic Information Systems (navigation equipment)
ALJ = Administrative Law Judge. Website: http://www.uscg.mil/alj
AMHS = Alaska Marine Highway System.
1
AMO = American Maritime Officers. (labor union) (http://amo-union.org/)
AOS = Apostleship of the Sea. (www.aos-usa.org/) (Professional association of Catholic Maritime Ministers)
AP = Associated Press
ATB = Articulated Tug & Barge.
AWO = American Waterways Operators. www.americanwaterways.com (an industry trade association)
BHP = Below Head of Passes
BLS = Bureau of Labor Statistics. www.bls.gov.
BNM = Broadcast Notice to Mariners.
BMI = Body Mass Index.
BOEM = Bureau of Offshore Energy Management. (an agency of DoI) www.boem.gov/
BP = British Petroleum (oil company)
BRM = Bridge Resource Management. (an Officer’s course of study)
BS or B.S. = “Bullshit” (Expresses opinion of unfair, unsafe, untrue or meaningless allegations or statements.)
BSEE = Bureau of Safety and Environmental Enforcement. www.bsee.gov/ (an agency of DoI)
BWM = Ballast Water Management. (www.uscg.mil/hq/cg5/cg522/cg5224/bwm.asp)
‎CEMS = Crew Endurance Management System. (USCG program to manage hours of service; rest; fatigue)
CCFC = Concerned Citizens for the Community.
CFR = Code of Federal Regulations. http://www.ecfr.gov
CGIS = Coast Guard Investigative Service.
COTP = Captain of the Port (title of a USCG officer)
CTVEP = Commercial Towing Vessel Examination Program.
COI = Certificate of Inspection
CPP = Controllable Pitch Propeller.
DDE = Designated Duty Engineer. (titles of a series of engineer licenses.)
DE = Designated Examiner (of towing vessels).
DFO = Designated Federal Officer.
DHS = Department of Homeland Security. (USCG is a part of DHS).
Docket = Website: http://www.regulations.gov
DOHSA = Death on the High Seas Act
DoI = U.S. Department of the Interior
DoJ = U.S. Department of Justice
DoL = U.S. Department of Labor
DSC = Digital Selective Calling.
EAP = Employee Assistance Program.
ECS = Electronic Charting System
EEOC = Equal Employment Opportunity Commission. (www.eeoc.gov)
EEZ = Exclusive Economic Zone
EHL = East of Harvey (La.) Locks
FACA = Federal Advisory Committee Act. 5 USC App. (Pub.L. 92-463)
FAQ = Frequently Asked Questions
FOC = Flag of Convenience. (aka “Runaway flag”)
FOIA = Freedom of Information Act
FONSI = Finding Of No Significant Impact
FR = Federal Register. http://www.gpo.gov/fdys
GAO = Government Accountability Office. www.gao.gov
GCMAEF = Gulf Coast Mariners Education Fund.
GICA = Gulf Intracoastal Canal Association. www.gicaonline.com/
GIWW = Gulf Intracoastal Waterway. (also abbreviated ICW).
GPS = Global Positioning System.
HQ = Headquarters.
HOS = Hours of Service
IBU = Inland Boatmen’s Union (A labor union, a division of the ILWU)
ICW = Intracoastal waterway. (also abbreviated GIWW).
ILA = International Longshoremen’s Association. (labor union)
ILWU = International Longshore and Warehouse Union. https://www.ilwu.org/
INCOE = Investigations National Center of Expertise. (USCG office)
IOMM&P = International Organization of Masters, Mates & Pilots. (maritime labor union)
IRS = Internal Revenue Service
ISPS = International Ship and Port Facility Security Code.
ITA = International Tugmasters Association
ITB = Integrated Tug & Barge
ITF = International Transport Workers Federation. (worldwide federation of transport worker unions)
L/B = Lift boat.
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LCP = Legislative Change Proposal. (a procedure for the USCG to ask Congress to change a statute)
L&D = Lock and Dam. (structure controlled by USACE)
LMR = Lower Mississippi River.
LNM = Local Notice to Mariners.
LOW = Letter of Warning.
MAIB = Marine Accident Investigation Branch (UK)
MARAD = Maritime Administration (an agency within the U.S. Department of Transportation)
MarEx = Maritime Executive (magazine/website)
Marpro = Maritime Professional Magazine
MERPAC = Merchant Marine Personnel Advisory Committee (a Federal advisory committee)
MET = Marine Education Textbooks, Inc.
MLD = Mariner Licensing and Documentation.
MMC = Merchant Mariner Credential.
MEDMAC or MMMAC = Merchant Marine Medical Advisory Committee (a Federal advisory committee)
MITAGS-PMI = Maritime Institute of Technology & Graduate Studies (MITAGS), and the Pacific Maritime Institute (PMI)
MMSI = Maritime Mobile Service Identity. (A 9-digit AIS identity #)
MOB = Man Overboard.
MRC = Mississippi River Commission. (www.mvd.usace.army.mil/mrc)
MRGO = Mississippi River Gulf Outlet. (closed waterway previously connected New Orleans with Gulf.)
MSM = Marine Safety Manual. (Describes USCG policies and how they apply to USCG personnel & the public)
MSU = Marine Safety Unit.
MSD = Marine Sanitation Device. (this acronym was previously used for Marine Safety Detachment)
MTVA = Master of Towing Vessels Association. https://towmasters.wordpress.com/
M/V = Motor Vessel.
NAME = National Association of Maritime Educators. (Active from 1986 thru 1999)
NASBLA = National Association of State Boating Law Administrators.
NIMS = National Incident Management System. (https://www.fema.gov/national-incident-management-system)
‎NL# = NMA Newsletter #. (Refers to a related article within that numbered newsletter.)
NMA = National Mariners Association (NMA Reports are downloadable from our website, www.nationalmariners.us.)
NMC = USCG National Maritime Center, Martinsburg, WV
NPRM = Notice of Proposed Rulemaking. (Refer to 33 CFR §1.05-35)
NPS = National Park Service. (www.nationalparks.org/)
NSF = National Sleep Foundation. (https://sleepfoundation.org/)
NOAA = National Oceanic and Atmospheric Administration. (an agency within the U.S. Dept. of Commerce)
NOS = National Ocean Service. (an agency within the U.S. Dept. of Commerce)
NOSAC = National Offshore Safety Advisory Committee (a Federal advisory committee)
NRP = National Response Plan. (https://www.fema.gov/.)
NSF = National Sleep Foundation. (https://sleepfoundation.org/)
NTSB = National Transportation Safety Board. Website: http://www.ntsb.gov (an independent Federal agency)
OCED = Organization for Economic Cooperation and Development. https://en.wikipedia.org/.../
OCMI = Officer in Charge, Marine Inspection (title of a USCG officer)
OCS = Outer Continental Shelf. (43 USC Subchapter III)
OCSLA = Outer Continental Shelf Lands Act
OCSNCOE = Outer Continental Shelf National Center of Expertise (USCG office)
OICNW = Officer in Charge of a Navigation Watch.
OIG = Office of the Inspector General, Dept. of Homeland Security. https://www.oig.dhs.gov/
OMSA = Offshore Marine Service Association. www.offshoremarine.org (an industry trade association)
OMU = Offshore Mariners United. (a Gulf Coast labor union that closed in June 2003.)
ORB = Oil Record Book. (a USCG publication).
OSV = Offshore Supply Vessel. (vessel type)
OUPV = Operator of Uninspected Passenger Vessels. (license category)
OWS = Oily Water Separators.
PAWRA = Public Access Waterway Rights Association. (a local association)
P/C = Pleasure Craft.
PMM = Professional Mariner Magazine (http:/www.professionalmariner.com)
POGO = Project on Government Oversight. (Website: http://www.pogo.org) (independent gov’t watchdog)
PORTS = Physical Oceanographic Real-Time System. (a NOAA program)
PPE = Personal Protective Equipment.
PTP = “Prevention Through People” (over-used USCG phrase, essentially meaningless)
PVA = Passenger Vessel Association. www.passengervessel.com (an industry trade association.)
Q&A = Questions and Answers.
RCP = Responsible Carrier Program (an AWO-sponsored program)
REC = USCG Regional Examination Center
3
RHIB = Rigid Hull Inflatable Boat.
RTCM = Radio Technical Commission for Maritime Services (RTCM) www.rtcm.org/
RR = Railroad
SAR = Search and Rescue.
S&R = Suspension & Revocation
S&RNCOE = Suspension & Revocation National Center of Expertise. (USCG office located at the NMC)
SIU = Seafarers International Union. (maritime labor union)
SMD = Safe Manning Document.
SMS = Safety Management System
SOCP = Ship Operations Cooperative Program, Inc. www.socp.us/
SOLAS = Safety of Life at Sea. (an international convention)
SUP = Sailors Union of the Pacific. (labor union)
S/V = Sailing Vessel.
T/S = Tankship.
TSA = Transportation Security Administration (an agency within the Department of Homeland Security)
TSAC = Towing Safety Advisory Committee (a Federal advisory committee)
TVNCOE = Towing Vessel National Center of Expertise. (Located at NMC, Martinsburg, WV)
U.K. = United Kingdom of Great Britain and Northern Ireland.
UMR = Upper Mississippi River
USACE = U.S. Army Corps of Engineers (also COE, CofE, ACE)
USCG = U.S. Coast Guard (an agency within the Department of Homeland Security)
USMM = U.S. Merchant Marine
USMMA = U.S. Merchant Marine Academy, Kings Point, NY. Website: https://www.usmma.edu/
VHF = Very High Frequency. VGP = U.S. Environmental Protection Administration Vessel General Permit
VHF-FM = Very High Frequency – Frequency Modulated.
WHL = West of Harvey (La.) Locks
WIA = Workforce Investment Act. (DoL program)
WJ = WJ. (http://waterwaysjournal.net)
Workboat = Workboat (magazine/website)
W/T = Watertight
NMA Newsletter #95, March thru Sept 2014
Page# Title of Article (as underlined).
Key Word, Reference or Comment.
1 Closing the Christopher Mink Case. Towing fatality law suit. NMA Attorney Nelson Wolff, Esq.
3. Pending NMA Projects. Refer to NMA Report #R-202-E & Our file GCM-269.
4. Serious Issues With the USCG Approval Process for Lifesaving Equipment.
5. My Understanding of the Administrative Procedures Act (APA) Rules & Procedures. By NMA Director Paul Driscoll
9. Lifesaving Gear Now Required on Commercial Barges. Docket #USCG-2012-0919. Final Rule w/ comments.
11. NMA Petition on Vessel Manning, Fatigue & Hours of Service Denied. Our File #GCM-211.
14. River Barges Won’t Be Making Voyages in the Gulf. Docket #USCG-2011-0925; Our File #GCM-318
14. NMA Seeks Improved Lifesaving Gear Requirements. Docket #USCG-2014-0014.
17. The Drug Test. By NMA Director, Capt. Joseph J. Kinneary, Ph.D. Refer to NMA Report #R-204-E
22. New & Revised NMA Reports. Refer to NMA Reports #R-204-E and #R-209-A. [Editorial Comment: Consult Index R for the
most up-to-date edition of each NMA Report.]
22. M/V Aiviq and the Kulluk Grounding. Refer to NMA Report #R-201-A. USCG investigation w/comments.
23. WWII Merchant Mariners Refused Memorial Day Benefits.
24. Taking A Coast Guard Exam? New CFR Frustrations. Index now removed from the Coast Guard’s CFR.
25. Posting Exam Questions & Illustrations. USCG re-posts questions, answers & illustrations on internet.
26. South Korea to Dismantle their Coast Guard. As a result of the Sewol ferry disaster and 300+ fatalities.
27. Further Developments in Robert Krutko’s Case. Refer to NMA Report #R-456, Rev. 1.
27. Labor Day Thoughts. By Donna Brazile.
28. NMA Website to Enter Library of Congress Web Archives.
NMA Newsletter #94 – January & February 2014
Pg# (Our Ref. #) Title of Article.
Key Word, Reference or Comment.
1. (94.14P) The Preventable Death of Deckhand Christopher Mink. Towing fatality law suit. By NMA Attorney Nelson Wolff, Esq.
4. (94.15T) Improvement of U.S. Coast Guard Marine Casualty Reporting. Docket #USCG-2013-1065. NMA Reports #R-429-I,
Rev.2. Our files #GCM-60; GCM-245; GCM-315.
5. (94. 10K) Letter From Richard Plant to TSAC Members. Subject: Exam Questions, Answers & Illustrations.
4
6. (94. 5E) NOSAC Committee Solves Major Problem Plaguing Liftboat Mariners. Sea service limited credit for mariners serving
on liftboats.
7. (94.2B) Tiny Tugs Become a Big Problem. Refers to unregulated towing vessels less than 26 feet in length.
8. (94.1A) NMA Files Petition on Overhead Clearance Accidents. Docket #USCG-2013-0466. NMA Report #R-293-B, Rev. 7.
10. (94.4D) Another Overhead Clearance Accident Reported. GIWW Harvey Canal Bridge. NMA Report #R-293-B, Rev. 7.
11. (94.13m) USCG Communication Skills Lacking. By Ken Hocke, Workboat. w/NMA Comments.
11. (94.12M) STCW – Another Regulatory Sausage. Docket #USCG-2004-17914. Final Rule in FR on 24 Dec. 2013.
12. (94.11L) USCG Warns on Tank Sampling Dangers. Hydrogen Sulfide (H2S) dangers. Refer to NMA Report #R-378.
13. (94.17V USCG Warns Mariners About Marijuana Use. NMA Report #R-315 (series.)
13. (94.9J) Mariners Issued New Medical Certificates. As per new STCW Requirements.
14. (94.3C) Taking Another Look At Maritime Training. GAO Report 14-212 + NMA letter to Congress.
16. (94.6F) New Shipping & Discharge Forms. Updated USCG forms CG 705A & CG 718A computerized.
17. (94.7G) New & Revised NMA Reports. Introducing NMA Report #R-428-K, Rev. 8.
17. (94.8H) OSV Crewmember Loses Foot in Accident off Louisiana. Personal injury.
17. (94.18W) Study Finds Life is Worse in “Right -to-Work” States.
18. (94.16U) Court Documents Reveal Carnival Knew of Cruise Ship Fire Risks Prior to Sailing. Warning to cruise ship passengers.
18. (94.19X) Detect-Deter–Defend. Courses for security awareness and for seafarers with designated safety duties.
18. (94.20Y) Welcome Back to Our Webmaster Capt. David Miller.
19. (94.23B) Transitioning. Announcement of NVIC 02-14
Newsletter #93 – October/November 2013
1. (93.1A) NTSB Member Mark Rosenkind Addresses Congress on Maritime Safety Issues. Out-of-water survival craft; Fatigue;
Hours of Service; NTSB-USCG Cooperation + NMA comments.
4. (93.15Q) NMA Public Comment at NOSAC. NMA Comments at NOSAC Meeting Nov. 14, 2013, Katy, Tx.
5. (93.6F) Towing Safety Advisory Committee Task Statement #13-10 – Air Draft. Refer to NMA Report #R-293-B, Rev.8.
Addresses causes of multiple overhead clearance accidents.
6. (93.3C) Investigating the Mel Oliver Incident. Discusses the M/V Mel Oliver Tintomara collision & oil spill. Refer to NMA
Report #R-225-A that contains the USCG accident investigation report.
8. (93.7G) TSAC Task 13-07. Recommendations Regarding Repair of Inspected Towing Vessels on Inland Service. Steel hull
repair controversy; industry wants to shortcut longstanding USCG policy in NVIC 7-68.
9. (93.16R) The 12-Hour Rule as Applied on Railroads. RR industry has different perspective on 12-hour rule.
9. (93.5E) TSAC Task 13-09. Recommendations for Improvement of USCG Marine Casualty Reporting.
10. 93.14P Warrior to Watchstander. Better Use of existing Military Talent by Chris Phillips, Pacific Maritime. +NMA comments.
10. (93.4D0 Should NMA Seek A Congressional Charter? By NMA Director Paul Driscoll, BMCM, USCG (Ret.)
11. (93.11L) The Future of Paper Charts. Government stops printing nautical charts and privatizes sales operation.
11. (93.8H) USCG Seeks Mariners to Serve on TSAC. FR notice Oct. 2, 2013 to fill committee vacancies.
13. (93.10K) NTSB Safety Alert. Improve your chances of survival when abandoning ship. Liftboat Trinity II accident.
13. (93.9J) Big Time Loss of Situational Awareness. Bridge team’s loss of situational awareness. MAIB.
14. (93.12M) Loss of Passenger Life at Sea. By NMA Attorney Tim Akpinar, Esq. Workboat. Criminalization. Captain sentenced to
12 years in jail.
15. (93.13N) Too Much Paperwork.. Results of Danish study involving 2000 seafarers from 59 nations.
15. (93.2B) New and Revised NMA Reports. (Comment:: These reports deal with a variety of subjects of interest to limitedtonnage merchant mariners. Many are designed to answer questions our mariners ask or to explore situations they may be
involved in. Some reports are provided for instructional purposes. Other reports are of historical significance and were provided
for easy and lasting reference by our Association. All reports are now identified as “NMA Reports” regardless of when they were
created. Since many reports were revised (Rev.) and grouped together from time to time, in most cases only the latest edition is
listed in Index R and is available. Since the numbers of many reports have changed, in this index (Index N) we list only the latest
version available. Consequently, the updated report may differ from the report number or revision listed in individual newsletter
articles.)
Newsletter #92 – August & September 2013
1. (92.17S) Initial Comments on Government Shutdown.
2. (92.2B) Latest Overhead Clearance Accident in Jacksonville, FL. Refer to NMA Report #R-293-B, Rev. 8; Our file GCM-119.
This matter has been accepted as TSAC Task #13-10.
3. (92.5E) Coast Guard Misses the Mark on Personal Injury Reporting. Careless personal injury reporting. WJ Editorial by Jack
Simpson. NMA Comment on Docket #USCG-2013-0605 as item #0004. Attached to NMA Report #R-350-Y, Rev. 1. (360 p.) &
NMA Report #R-202, Rev. 5.
5. (92.10K) Audit: U.S. Coast Guard Falls Short in its Casualty Investigation Role. Substandard marine casualty investigations. By
Dom Yanchunas, Editor, PMM.
5
6. (92.4D) Lifesaving Devices Are Required on Uninspected Barges. NMA comments on Docket #USCG-2012-0919. NPRM 78
FR 42739-42746, July 17, 2013.
9. (92.8H) Professional Rescuers Angered. By Paul Driscoll. Poor state of rescue, response, and recovery tools available to the
public.
10. (92.18T) Unexpected Departure. Article recalls ferry accident in Virginia.
10. (92.6F) NMA Member Attorney Fred B. Goldsmith Assists Injured Mariner. NMA Attorney Fred B. Goldsmith . Personal
injury.
11. (92.1A) New and Revised NMA Reports.
11. (92.15Q) Towing Vessel Manning – Opinion. Refer to NMA Report #R-300, Mallard Bay Drilling. Hours of service. Fatigue.
CEMS. Also refer to NMA Report #R-354, Rev. 4.
13. (92.9J) Crewmembers Must Remain Wards of the Admiralty Court. By John K. Fulweiler, Esq. Workboat. Seamen Remain
Wards of the Court
13. (92.7G) 75th. Anniversary of the Fair Labor Standards Act. By Richard Trumka, President AFL-CIO. Hours of service. Fatigue.
Minimum wage.
13. (92.16R) White, Gray and Black Lists. Quality of port state control vessel inspections by Paris MOU Committee.
14. (92.13N) Deckhands – How Important Are They? By Capt. Joel Milton. Workboat. Deckhands Are Important.
14. (92.11L) How Not to Abandon Your Ship. Captain abandons MS Costa Concordia.
15. (92.3C) Training at Maritime Academies Threatened. By Pamela Glass. Workboat. Burdensome regulations, declining budgets,
aging training ships.
16. (92.12M) Florida Attorneys Obtain Top Verdict for Overworked Chief Mate. Overwork. Physical injury. 15-hour workdays.
16. (92.14P) GPS Signal Jamming Reported. By Jonathan Saul, Reuters.
17. (92.19U) Some Credentials Extended. Lapse in USCG appropriations.
NMA Newsletter #91 – May, June, & July 2013
1. (91.15Q) Coast Guard Personal Injury Reporting & Enforcement Practices. Personal Injury Reporting. Letter to 42 U.S.
Representatives and Senators. Refer to NMA Report #R-350-Y, Rev. 1. Refer to DHS report #OIG-13-92. USCG has inadequate
processes to investigate, take corrective action, and enforce Federal regulations related to reporting marine accidents.
2. (91.1A) NMA Files Petition for Rulemaking on Overhead Clearance Accidents. Air draft accidents. Refer to NMA Report #R293-B, Rev. 1. Docket #USCG-2013-0466.
3. (91.4D) Towing Vessel Manning #1. WJ editorial by Jack Simpson. Refer to TSAC Task #13-02.
4. (91.13N) USCG Says Your “Doctor-Patient” Privilege Doesn’t Exist. Refer to 46 CFR §5.67. Refer to NMA Reports #R-462,
Rev.3 & #R-462-A.
5. (91.10K) Ice Melt, Sea Level Rise to be Less Severe Than Expected. By Alister Doyle, Reuters.
5. (91.19T) NMA Directors Meet With DHS Inspector General Audit Team. Casualty reporting & investigations. Personal injury
reporting. Mariner privacy issues. Refer to NMA Reports #R-462, Rev. 3; #R-462-A; #R-350, Rev. 7; #R-370-D, Rev. 6. #R210, Rev. 1.
7. (91.9J) Class Warfare – Mariners and Academy Grads. By Capt. Joel Milton, Workboat.
7. (91.18U) NMA Comments on Proposed Lifesaving Equipment for Uninspected Barges. Refer to NMA Report #R-202-C, Rev. 2.
Docket #USCG-2012-0919. Refer to articles in Newsletters #92 & 95.
7. (91.5E) Whistleblower Protection. Refer to NMA Report #R-210, Rev. 2. Refer to 46 USC §2114. OSHA and its Administrative
Law Judges will replace USCG in providing whistleblower protection for mariners. In doing so, OSHA will apply U.S. Dept. of
Transportation regulations.
10. (91.8H) Getting a Real Education. Etymology: Origin of common phrases.
11. (91.14P) Future Medical Evaluations. USCG seeks comments on medical evaluations. Docket #USCG-2013-0089.
11. (91.3C) TWIC Card Reader Report. GAO Report #13-198.
12. (91.16R) Ditch TWIC Card Readers. By David Kraft, Editor, Workboat.
13. (91.20V) Mariners Should Look Out For Food Poisoning. By Capt Joel Milton, Workboat. Food safety; Potable water. Refer to
NMA Reports #R-455, Rev. 6; #R-350, Rev. 7, Issue “R”; #R-395, Rev. 4.; #R-395-A, Rev. 1; #R-395-B.
13. (91.21W) Twelve Hour Rule Violation? Refer to NMA Report #R-370-A, Rev. 2. Our files #CGM-62 & M-275.
14. (91.17S) Important Radiotelephone Changes. Docket #USCG-2013-0521. 78 FR 42102-42103, July 15, 2013.
15. (91.6F) “Barge-In” – An Uneven Match. Opinion. NMA cannot compete with AWO lobbying in Washington.
16. (91.12M) Basic Safety Training Revisited. By Capt. Joel Milton, Workboat. New requirements effective Jan. 1, 2017.
17. (91.11L) Failure to Report Engine Problem = $75,000 Fine. Reported engine casualty to USCG following a 10 hour delay.
17. (91.7G) Survey: Seafarers Fear Facing Criminal Charges. Refer to NMA Report #R-204-C, Rev. 6. Our file #A-1296.
18. (91.2B) New and Revised NMA Reports.
18. (91.22X) Towing Vessel Manning #2. TSAC Task Statement #13-02.
NMA Newsletter #90 – February, March & April 2013
1. (90.18V) Overhead Clearance Headache. Air draft problem. Over-height Tow Crashes Into Brooks Bridge, Fort Walton Beach,
6
FL News article + NMA comments. Refer to NMA Report #R-293-B, Rev. 6.
2. (90.3C) Fighting Regulatory Headwinds. Opinion. USCG has no ear to hear its failures.
3. (90.17U) Your Tax Dollars Wasted. $80M. M/V Susitna.
3. (90.8H) Time to License Everybody? By Capt. Alan Bernstein, Workboat. Recreational boaters and other Federal and state
waterways users.
4. (90.22Z) Disgusted With the NMC. By J.K. Cassidy, retired Chief, REC Baltimore.
4. (90.2B) NMA Comments to MERPAC Members. By Richard A. Block. Complaint voiced to MERPAC regarding exam
questions, answers & illustrations removed from the internet and general lack of transparency. Refer to NMA Reports #R-428-K;
#R-461; #R-350, Rev. 6.
7. (90.1A) New and Revised NMA Reports.
8. (90.21Y) No More Ocean Garbage. By Capt. Joel Milton, Workboat. Docket #USCG-2012-1049. 78 FR 13482-13493, Feb. 28,
2013. Gulf of Mexico and Caribbean Sea declared IMO “Special Areas.”
8. (90.10K) Towing Vessel Regs Are Not on the Backburner. By Pamela Glass, Workboat. Docket #USCG-2006-24412. Status
Of Towing Vessel Regs
9. (90.14R) Vessel Crew Change Derby. By Capt. Peter Squicciarini, Workboat + NMA Comment. Crew change is a mariner’s
most dangerous day. Improper turnovers at crew change. Refer to 46 USC §8104(a). Refer to NMA Reports #R-412; #R-412-A.
9. (90.7G) MERPAC Discusses Military Training, STCW and Credentialing Red Tape. USCG Undervalues Mariners With
Military Training. Father Sinclair K. Oubre, AOS. MERPAC Task Statement #30. Mariner comments.
11. (90.16T) Vessel Manning & License Exams are Obstacles for Mariners. WJ editorial by Jack Simpson.
12. (90.25D) NMC a No-Show at Work Group Meeting. By John Shoulberg, WJ. USCG misses important meeting of the MidAmerica Regional Exam Center work group. The towboat manning issue is a mariner issue. Contains TSAC update and NMA
comments on Subchapter M.
14. (90.6F) Shipyard Firebug Jailed for 17 Years. News: Atomic submarine firebug causes $500M damage to USS Miami.
14. (90.12P) USCG Warns About Fake Fire Extinguishers. USCG safety bulletin.
15. (90.24C) Coast Guard Safety Alert on Surge Protectors. USCG technical safety bulletin.
15. (90.19W) NTSB Chairman Highlights Importance of Restorative Rest. Operator fatigue. Refer to NMA Report #R-370, Rev.4.
16. (90.23B) NTSB Determines Cause Behind Fatal Trinity II Incident. Lifesaving errors in weather-related liftboat sinking.
Lifefloats do not offer out-of-water protection or supplies. Refer to NMA Report #R-354, Rev. 4.
16. (90.15S) Association Correspondence on Major Issues. Potable water. Sanitary food preparation. Engineering Exam
illustrations. Refer to NMA Reports #R-455, Rev. 6; #R-395, Rev. 4. 46 USC §3305. Our file #GCM-44.
17. (90.9J) Mariner Deaths Outside the Lifelines. By Capt. Peter Squicciarini, Workboat + NMA comments. Refer to NMA Report
#R-202, Rev. 5. Article related to (90.23B) above.
18. (90.11N) NLRB Decision on Mate Status. Tugboat mates are employees and not supervisors. IOMM&P. Brusco Towing.
18. (90.13Q) Proposed TWIC Card Reader Rule Published. By Pamela Glass, Workboat +NMA comment on how to submit
comments to proposed rulemaking. NPRM. 78 FR 17782-17783 Mar.22, 2013.
20. (90.5E) Thinking of a Cruise Ship Vacation? SUP. Highlights problems in the foreign-flag cruise ship industry including weak
protections for workers. ITF.
21. (90.4D) Hard Docking. Canada Issues TSB Report on 2011 BC Ferries Accidents. + NMA Comments. M/V Coastal
Inspiration, BC ferry TSB Canada report M11W0211 on Tsawassen route.
23. (90.20X) President’s Budget Proposal to Effectively End PL-480 Food for Peace Program. Proposal is harmful to USMM and
US defense lift capability.
NMA Newsletter #89 – Jan./Feb. 2013
1. (89.12N) What’s Wrong With This Picture? Navy ships lined up at Naval Station Norfolk are reminiscent of U.S. Pacific Fleet at
Pearl Harbor on Dec. 7, 1941.
2. (89.6G) Medical Waivers and Threats of Suspension & Revocation. By Richard A. Block. Refer to NMA Report #R-204, Rev. 4.
NVIC 04-08. S&R National Center of Expertise, Martinsburg, WV. 74 FR 30935-30938, June 29, 2009. Our file #A-1292.
3. (89.5E) OSHA Issues Seaman's Protection Act Whistleblower Procedures. Whistleblower Protection Moves Forward. Refer to
NMA Report #R-210-A. Refer to (91.5E) above.
4. (89.2B) NMA Requests Inspector General to Audit Coast Guard Exam Program. Refer to NMA Report #R-428-K, Rev. 6.
Request access to every USCG exam question, answer and illustration removed from the internet by the National Maritime
Center in 2010. Also improve DHS Inspector General’s “Hotline”.
5. (89.8J) MERPAC Meeting Announcement. NMA publicizes meeting agenda to increase attendance and focus on Task
Statements addressed by MERPAC.
6. (89.9K) Merchant Mariner Medical Advisory Committee Meeting Announcement. This is a new advisory committee that
addresses medical problems as presented in NVIC 04-08. NMA publicizes meeting agenda to increase attendance and focus on
Task Statements addressed by this new advisory committee. Medical Meeting Announcement
6. (89.1A) Always Plan For Larger Seas. By Capt. Joel Milton, Workboat. Significant wave height (SWH) explained.
7. (89.4D) Twinkies & Ding Dongs. SUP. Unfair labor practices.
8. (89.3C) New and Revised NMA Reports.
8. (89.10L) Injured Mariner Compensated. Marex. Frederick J. Harrington v. Atlantic Sounding Co., Inc. Personal injury
7
resulting from company negligence in not training mariner in tasks involving anchor handling.
9. (89.7H) Federal Judge Clears Bollinger in Fraud Case. By Dale K.DuPont, Workboat. Conversion of USCG 110’ WPB patrol
boats to 123’.
(Update. December 9, 2015. Bollinger in $8.5 million False Claims Act settlement. Bollinger Shipyards will pay the United States
$8.5 million and release contract claims to settle a False Claims Act action filed against it in the Eastern District of Louisiana, the
Department of Justice announced today.
The False Claims Act suit alleges that Bollinger misrepresented the longitudinal strength of patrol boats it delivered to the Coast
Guard that resulted in the boats buckling and failing once they were put into service. Bollinger Shipyards is located in Lockport,
Louisiana.
"Those who expect to do business with the government must do so fairly and honestly," said Principal Deputy Assistant Attorney
General Benjamin Mizer, head of the Justice Department's Civil Division. "We expect the utmost integrity and reliability from the
contractors that design and build equipment that is essential to public safety and our national defense."
In 2002, the U.S. Coast Guard contracted to lengthen the Coast Guard's existing fleet of 110-foot patrol boats to 123 feet and to
make other modifications. Bollinger was the subcontractor that performed the 123-foot patrol boat design and conversion work. An
essential element of the conversion was that the modified boats have sufficient longitudinal strength to meet the performance
requirements set forth in the contract.
The United States alleged Bollinger provided the Coast Guard with engineering calculations that falsely represented the
longitudinal strength of the boats and was two times greater than their actual longitudinal strength. The United States alleged
Bollinger ran the calculations three times and only provided the Coast Guard with the highest and most inaccurate, of the three
calculations. The United States further alleged Bollinger also failed to follow the quality control procedures that were mandated by
the contract that would have ensured against such engineering miscalculations.
The case was handled jointly by the Civil Division's Commercial Litigation Branch and the U.S. Attorney's Office of the Eastern
District of Louisiana. The claims resolved by the settlement are allegations only, and there has been no determination of liability).
9. (89.11M) ECDIS & Paper Charts. By Wendy Laursen, Marex. Pro’s and con’s.
10. (89.13Q) The Next Terrorist Attack. Opinion. By Chief Engineer Leon Manderson. Refer to NMA Report #R-412-A.
NMA Newsletter #88 (November – December 2012)
1. (88.18T) Progress on “Headhunter” Issue Merits Mariners’ Attention. Headhunter Lawsuit Progresses. Fees charged to
mariners by private employment firms to obtain jobs afloat may be illegal. Refer to NMA Report #R-211. NMA Attorney Dennis
M. O’Bryan, (248) 258-6262 or fax (248) 258-6047.
3. (88.12M) Possible Delays in New Towing Vessel Inspection Regulations. By Dom Yanchunas. Source: PMM. + NMA
comments and background on firefighting. PM #160. Focus on engineroom fires. M/V Patrice McAllister fire, March 2012.
Other references cited in article.
5. (88.15Q) Towing Vessel Inspection. By Capt. Katherine Sweeney, Marinelink.com. Opinion. Subchapter M and the Towing
Vessel Bridging program: What’s next? NMA Report #R-276-C.
6. (88.11L) IMO Moves to Reduce Noise on Ships; USCG Continues to Ignore the Problem. Amendment to SOLAS. Refer to NMA
Report #R-349, Rev. 1 & #R-350, Rev. 6, Issue Q. Refer to IMO Resolution A.468(XII).
6. (88.4D) NMA Looks Ahead to 2013-2014. Call for our limited-tonnage merchant mariners to comment on important issues and
continuing specific requests to Congress in contained in NMA Report #R-350.
7. (88.3C) USCG Exam Q&A Issue Holds Center Stage. Background and letters to Capt. Anthony Lloyd, Commanding Officer of
the National Maritime Center (NMC) and Appeal #2010-132 to RADM Paul Thomas that eventually resulted in the USCG
restoring questions, answers, and illustrations to the internet. Refer to NMA Report #R-428-K. Our file #GCM-287. Also refer
to (86.7G) below.
9. (88.9J) USCG Authorization Act of 2012. Unlike the previous Congress (Refer to 73.2B) this Congress ignored all our requests
submitted in NMA Report #R-350, Rev. 6. This Congress retreated on an important and previously settled safety issue by
directing further study on requiring “survival craft that ensures that no part of an individual is immersed in water…” Refer to
NMA Report #R-354, Rev. 4., pages 14 & 15.
11. (88.7G) What Elimination of 2ND TWIC Visit Means. By Pamela Glass, Workboat.
11. (88.13N) Downsizing U.S. Merchant Marine Undermines National Security. SUP. Comment on national policy regarding
USMM.
12. (88.5E) Another Challenge for NMA: The New Merchant Marine Medical Advisory Committee. MMMAC or MEDMAC. Refer
to NMA Report #R-440-D, Rev. 2. Refer to Docket #USCG-2011-0138. This advisory committee, composed primarily of medical
personnel, will consider revisions to NVIC 04-08. Note that NMA has never actively participated in this advisory committee.
13. (88.10K) USCG Refines Requirements for Crew Rest on Ocean-Going Vessels. Crew Rest. Fatigue. Hours of Service. Marex.
Refer to NMA Report #R-370, Rev. 4. Master must post work schedules and record daily periods of rest for each crew member.
13. (88.1A) New and Revised NMA Reports.
14. (88.2B) NMA Director’s Corner. By Paul Driscoll. USCG Favorite Lighthouse Contest. Montauk Point Light Station.
14. (88.6F) BP Executives Deserve Jail Time. By Ken Hocke, Workboat. Opinion.
15. (88.14P) Drug & Alcohol Testing Standards. Marex. Safety. NTSB asks USCG to raise its own drug and alcohol standards for
military and civilian personnel in safety sensitive positions.
8
15. (88.16R) Fraud Case Follow-Up. USCG Contract Fraud Report. (Not published)
15. (88.17S) Lighter Moments. Humor.
16. (88.8H) WWII Merchant Mariner Service Act. Support WWII Merchant Mariners. Loophole in PL 95-202 10,000 to 30,000
WWII coastwise merchant seamen were denied recognition. Sign petition.
16. (88.19U) Advisory Committee Announcements. MERPAC vacancy and TSAC teleconference announced.
17. (88.20V) Awaiting Your TWIC Card. USCG covers delays they caused.
17. (88.22Z). Designated Duty Engineer (DDE) Course Announcement. IOMM&P offered a new two-week course for DDEs (which
was repeated approximately once a year thereafter).
17. (88.23AA) Bridge Watch Alarm. Refer to 78 FR 2683-2684, Jan 14, 2013. Docket #USCG-2012-0772. SOLAS Chapter V,
Rule 19 requires a Bridge navigational Watch Alarm System for U.S.-flagged vessels engaged on international voyages. Detects
operator disability that could lead to a marine accident.
NMA Newsletter #87 – September/October 2012
1. (87.5E) Our Directors Express Concerns Over Mariner Medical Issues. By NMA Director Steve Oravets. Opinion. The Real
Mariner Medical Issues are that USCG over-reaction to Staten Island ferry accident discouraged and damaged the most
experienced manpower resources in the marine industry and caused needless expense. Reply by LT. Ashley Holm, ADFO
MMMAC. + NMA comments.
2. (87.9H) Lighter Moments. Humor.
3. (87.1A) USCG EXAM Q&A Troubles Remain. Background. Refer to NMA Report #R-428-K, Rev. 3. Our file #GCM-287.
Letter to Capt Anthony Lloyd, USCG. Copyright issues emerge.
5. (87.11K) “Reconsideration” & “Appeal.” By Kim Carver, Workboat. +NMA Comments. Discussion of the appeals process by
Capt. Anthony Lloyd & Luke Hardin. Why appeals take time.
5. (87.2B) New and Revised NMA Reports.
6. (87.3C) M/V Mel Oliver – Tintomara Closeout. By Capt. Richard Eberhardt, WJ. +NMA Comments. Refer to NMA Report #R225-A for full USCG report + NMA Comments.
7. (87.4D) Operating in the Fog Can Kill. By Capt. Joel Milton, Workboat.
7. (87.8G) Merchant Marine Officers. Definitions. Opinion. National USMM policies. Jones Act. OP-ED by Tony Munoz,
Marex.
8. (87.6F) Time Bomb. Opinion: 31 million lbs of dumped military ordnance (UXO) poses threat to shipping.
9. (87.10J) The Marine Safety Mission. Annual report from the Department of Homeland Security Inspector General.
11. (…..) USCG Marine Safety Directorate Runs for Cover. Refer to NMA Report #R-428-K, Rev. 3. Controversy over removal of
exam questions, answers, and illustrations from public access on the internet. (Note: The “Mystery contract” between USCG and
ABS to create new STCW exam questions, answers and illustrations. mentioned in article was valued at $550,000 but only
revealed in 2015 as a result of our longstanding FOIA request.)
NMA Newsletter #86 – August 2012
1. (86.9J) NMC’s Sea-Time Evaluations Need Improvement. By Chuck Kakuska. Source: PMM. Chuck is President of Sea K’s
Maritime Licensing service and former Chief of REC Toledo and Portland. Discusses NMC Credential Evaluations.
2. (86.8H) Coast Guard Credentials. By Richard A. Block. When NMA transitioned to inactive status, we recommended that
mariners bring their credentialing problems to Chuck Kakuska as the “best in the business.”
2. (86.7G) NMA Appeal Upheld on Exam Q&A Database. Background of our Appeal 2010-132. Successful appeal to restore
exam questions, answers, and illustrations to public access on the internet was based in part on Supreme Court Decision Milner
v. Department of the Navy. Refer to NMA Reports #R-428-L and #R-428-K, Rev. 8. Favorable comments by 14 mariners.
Request for further information to Capt. Paul Thomas. Text of Press Release by NMA Director V.J. Gianelloni,III “USCG
Agrees to Reinstate Credential Exam Database.”
6. (86.13N) Mariner #182 Speaks for all Our Hawsepipers. One Maine mariner spoke for all hawsepipers when he visited Senator
Snowe’s and Rep. Pingree’s office to urge the reinstatement of the USCG credential exam database. We urge all mariners to
express their views on items of concern to Congressmen and their staffers. Refer to NMA Report #R-428-K, Rev. 8.
6. (86.1AAA) Response to Our Association’s Exam Q&A News Release. Editorial by Jack Simpson, WJ. Article by Dom
Yanchunas. Source: PMM. Refer to NMA Reports #R-428-K, Rev. 8; #R-428-L
8. (86.16T) Director’s Corner: “Blood on Brown Water” and Beyond. Letter by NMA Director Capt. Joseph J. Kinneary, Ph.D. on
NMA book “Blood on Brown Water,” NMA Report #R-213 that was distributed to Members of Congress and their staffing
Washington office visits by another NMA Director in 2012. Also refer to NMA Report #R-202, Rev. 5 on the same subject.
8. (86.17U) Towing Safety Advisory Committee; Meeting Announcement. TSAC to meet in Seattle. Summary of agenda and
contact information for the Sept. 2012 meeting. NMA was unable to attend this meeting. Our File #GCM-17XA.
9. (86.5E) New and Revised NMA Reports.
10. (86.10K) Marad Gives Our Jobs Away. National policy. Rep. Elijah E. Cummings urges Obama administration to support
Jones Act by using US-flag vessels in strategic petroleum reserve drawdown. Administration gave dozens of waivers. Article by
D.K. DuPont, Workboat, shows that US-flag barges could have been utilized.
9
11. (86.3C) Tragedy Strikes Again. Permanent, disabling personal injury. Mariner fell down interior stairway from pilothouse in
heavy weather . Company negligence, neglect, delay in medical treatment. NMA Attorney Mark L. Ross, Esq.
12. (86.12M) Merchant Mariners Appreciate Real Coast Guard Heroes. By NMA Director Paul Driscoll.
13. (86.6F) Milestone Ratifications of Seafarers’ Labor Rights Charter. Refer to NMA Report #R-454-A that contains a complete
reprint of the ILO Maritime Labor Convention, 2006. MLC-2006, now in force, establishes minimum requirements for almost all
aspects of working conditions for seafarers including conditions of employment, hours of work and rest, accommodation,
recreational facilities, food and catering, health protection, medical care, welfare, and social security protection. Port State
Control (PSC). US has not yet ratified MLC-2006.
13. (86.2B) Synthetic Marijuana. Exchange of correspondence with USCG “Drug Czar” that identifies synthetic marijuana as a
“Schedule 1 Controlled Substance.”
13. (86.14P) Jail Time for Lying Surveyor. Department of Justice (DoJ) press release. Surveyor certified foreign-flag vessel as
“safe” when USCG inspectors found it to be unsafe.
14. (86.4D) Jail Term for “Magic Pipe” Engineer. Marex. One month jail time. $1M fine. Failure to properly maintain an Oil
Record Book. Logbook entries. Corrupt corporate culture. Oily Water Separator (OWS). Refer to NMA Report #R-444, Rev. 2.
(Note: There were many similar high-profile cases that NMA did not record in its newsletters.)
15. (86.11L) Homeland Insecurity. Refer to (90.6F) above. $500M arson on USS Miami caused by shipyard firebug.
17. (86.18V) Majority of New Jobs Are Low Wage. By AARP. Low wage jobs represent 21% of jobs lost during recession but 58%
of those added during the recovery.
NMA Newsletter #85 – June/July 2012
1. (85.1A) NMA Petitions DHS Secretary on Fatigue, Undermanning and Hours of Service Issues. Refer to NMA #R-370, Rev. 4;
(84.6F) below.
2. (85.13N) NMA Second Request to Congress. Refer to NMA Report #R-370, Rev. 4. Fatigue affecting lookouts and pilothouse
personnel. Third world working conditions. Protect the public from small commercial vessel accidents. No corrective action
taken by USCG or DHS. Require 2 complete crews on “24-hour” vessels. Require trained cook to manage food service.
Scrutinize 6-on/6-off schedules. Require vocational training for workboat engineers. Enforce the new 2010 logbook statute.
3. (85.14P) Mariner #182 Letter to Senator Olympia Snowe. Refer to NMA Report #R-428-K, Rev. 8. Regarding removal of exam
Q&A and illustrations database from public availability on the internet.
3. (85.3C) Status of the USCG Exam Q&A Database. Refer to (85.14P) above.
4. (85.8H) Congress Expresses Frustration Over TWIC Cards. Marex. SUP. TSA announces new TWIC policy. +NMA comments.
5. (85.17S) Maritime Security: The Gift That Keeps On Giving. By Capt. Max Hardberger, Workboat. Maritime security is a cash
cow whose primary victim is the US consumer and taxpayer. +NMA Comments.
6. (85.2B) “Bridging Program” Status Report. Transcript of comments by Mr. Patrick Lee, USCG national towing coordinator.
Program is continuing into Phase 2 visiting companies that have not yet engaged in Phase 1. Phase 3, the issuance of COI will
come after the publication of the Final Rule (i.e., Subchapter M) on Inspection of Towing Vessels. +NMA Comments. NMA
Report #R-276-C.
8. (85.5E) Regulatory Changes for Garbage Disposal. Wider Caribbean Area includes the Caribbean Sea as well as the Gulf of
Mexico where the disposal of garbage now for the most part is prohibited. Refer to 77 FR 19543, Apr. 2, 2012, Docket #USCG2011-0187. 46 CFR Part 151. 33 CFR §151.53.
8. (85.6F) New Ballast Water Management Regulations. Contains background information. Refer to 77 FR 17082-17084, March
23, 2012. Docket #USCG-2001-10486
11. (85.7G) New Regulations CO2 Fire Suppression Systems. Refer to 77 FR 33860-33894, June 7, 2002. Docket #USCG-200624797. Approved alternatives to CO2 systems. New lockout valves and odorizing units.
11. (85.10K) Announcement of TSAC Vacancies.
12. (85.9B) Employers Don't Report Mariner Injury Claims. By NMA Attorneys Arnold & Itkin. USCG cannot fulfill its role of
investigating accidents if they do not receive required accident and injury reports or if those reports are falsified. USCG cannot
handle its accident report workload. Refer to NMA Reports #R-205, Rev. 1, Issue 7; #R-292, Rev. 1; #R-338; #R-350, Rev. 5,
Issue “Y”; #R-429, Rev.1; #R-429-I.
12. (85.15Q) The Jones Act Fleet's Finest Hour– An Evacuation Bigger Than Dunkirk. Evacuation of Lower Manhattan following
9/11 attacks. Mariners Finest Hour
13. (85.11L) Police Comments From Cruiser Audio/Video Systems. Humor.
13. (85.12M) How the Tug Pathfinder Lost Its Way. By Bruce Buls, Workboat. High profile tug accident in Prince William Sound, AK.
13. (85.16R) Bottled Rockets. By Jessica Hathaway, National Fisherman. ALJ. Refer to NMA Report #R-204, Rev. 4.
13. (85.4D) New and Revised NMA Reports.
14. (85.18T) Costa Concordia Captain Speaks Out. Cell phone distraction is increasingly mentioned in maritime accident
investigations.
NMA Newsletter #84 – May 2012
1. (84.3C) Planned Audit of USCG Marine Casualty Reporting Moves Ahead. Inspector General Charles K. Edwards to Audit
10
2.
3.
3.
5.
6.
7.
7.
8.
9.
9.
Personal Injury Reporting. Refer to NMA Report #R-350-Y, Rev. 1. Refer to Our file #GCM-149 (Volume 9) for info. Submitted
to DHS OIG. Also see our file #GCM-60, and Our File #GCM-245. USCG-2012-0919.
(84.1A) Riverboat Barge Captain Awarded $250,000 for Wrongful Termination. Violation of Seamans Protection Act.
Whistleblower protection. OSHA. $245,000. 46 U.S.C §2114 as amended in Oct. 2010. Refer to NMA Report #R-210, Rev. 2.
Refer to NMA Report #R-210-A. Recommend attorney Stephen Chouest, Esq.
(84.4D) Study Finds “Six-On/Six-Off” Watch Entails Highest Risk of Fatigue. Abuse of mariners under the two-watch system.
6&6. IOMM&P. Refer to NMA Report #R-370, Rev.4.
(84.6F) Maritime Unions Testify on Fatigue and Manning Levels. Unions Testify on Fatigue & Manning Levels on the
international level. NTSB places regulations that address causes of fatigue on most wanted list. FOC.
(84.2B) New & Revised NMA Reports. Introduces NMA Reports #R-213 that was hand-delivered to members of Congress &
#R-276-L, safe manning for towing vessels on international voyages.
(84.7G) Watch Out for That Bridge! By Capt. Joel Milton, Workboat. Overhead clearance. Air draft. Refer to NMA Report #R293-B, Rev.8.
(84.5E) Families Get $15 Million in Duck Boat Settlement. By Dale K. DuPont, Workboat. DUKW. (81.8H) (79.3C)
(78.11K) (76.10J) (72.15X) (71.8H).
(84.8H) Sounding the Alarm on U.S.-Flag Compliance. By Capt. Eric Christensen, USCG. Notes inspection deficiencies related to
improper manning, primary lifesaving equipment, engineroom fire hazards, structural hull safety and incomplete documentation.
U.S. now on gray list.
(84.10K) Coast Guard Budget Problems USCG Budget Woes. Includes photo USCGC Stratton.
(84.9J) NTSB: Faulty Valve Critical in Staten Island Ferry Accident. 2010 accident w/3 injuries. Includes Photo M/V Andrew
Barberi). Refer to NTSB web site.
(84.11LL) Irrefutable Proof (Photo & Caption). Humor.
NMA Newsletter #83 – April 2012
1. (83.13 N) NMA Website Change. NMA website suffix has changed from .org to .us.
1. (83.9J) Tug Fire Kills Engineer. News report with Picture. Fire on M/V Patrice McAllister w/1 fatality. Refer to NTSB for
investigation report. + Mariner comment.
2. (83.10K) NMA Continues Working on Major Mariner Issues. Annual NMA Report #R-350, Rev. 6 to Congress brings status of
25 major issues up to date. Also refer to NMA Report #R-370, Rev. 4; #R-412-A, Rev. 1; #R-202, Rev. 5.
3. (83.7G) DHS Inspector General Audit Team Visits NMA. Subject: Our complaint of unsatisfactory USCG casualty
reporting process. Review of DHS Investigations audit of 2007 & 2008. Refer to NMA Report #R-429-M containing
reprints of Department of Homeland Security Report #OIG-08-51 and #OIG-13-92. Also Refer to NMA Report #R-350,
Rev. 6, Issue Y. This report would grow into NMA Report #R-350-Y, a year later. Also refer to NMA Reports #R-429-a,
Rev. 1 & #R-429-B, Rev. 1. 46 CFR §4.05-1 & §4.05-10.
5. (83.11L) Marine Inspection Notice (MIN) Additional Logbook & Entry Requirements. Official Logbook Requirements.
Introducing new 46 USC §11304 from §607 of USCG Authorization Act of 2010 that now requires Official Logbooks to be
carried on all Inspected Vessels. Refer to NMA Report #R-234, Rev. 3.
8. (83.6F) National Maritime Center Takes its Show on the Road. NMC subject matter experts visit several industry management
meetings. By John Shoulberg, WJ. + NMA comments.
7. (83.1AA) Rules of the Road: From Statute to Rule. By David Murray, WJ. The navigation rules for US waters are moved from
statute (USC) to federal rules as part of the CFR. + NMA comments.
9. (83.2B) Protecting Precious Cargo: Titanic, Costa Concordia, Twin Capes. By Capt. Ronald G. Sinn. Protecting Precious Cargo
– contains criticism of Delaware River & Bay Authority DRBA and ferry Twin Capes.
10. (83.3C) New & Revised NMA Reports. Introduces NMA Report #R-205, Rev. 1. Related NMA reports: #R-202-E; #R-341;
#R341-A;#R-349; #R-349-A; #R-370 report series, #R-391, Rev.4; #R-429-I; #R-455, Rev. 6..
10. (83.4D) Voter Education? By Jim Toedtman, AARP Bulletin. Political commentary.
11. (83.5E) College Buys Houston Property for Maritime Training Facility. WJ. San Jacinto College. New Marine Training Facility
11. (83.8H) Former Chief Engineer Cops Plea in Pollution Case. Engineer Makes Two Bad Decisions. Oily Water Separator.
Improper maintenance of oil record book. Obstruction of justice. Refer to NMA Report #R-444, Rev. 2.
12. (83.12M) The IRS Sent My Tax Forms Back. Humor.
NMA Newsletter #82 – January, February, March. 2012
1. (82.12M). Which disaster Will Most Affect Our Mariners? Costa Concordia? Andrea Doria. M/V Delta Mariner. M/V Jillian
Morrison. Disaster digest. Refer to NMA Report #R-412-A, Rev. 1. +2 mariners comments on the M/V Jillian Morrison case.
4. (82.3C). In the Andrea Doria Wreck –a Captain Who Shone. By Capt. Sam Pecota, author of the Radar Observer’s Manual, 6th.
edition..
5. (82.9J). Attorney Dennis M. O’Bryan Moves to End Major Mariner Rip-off. “Headhunting.” Unfair Employment practices. Files
Federal lawsuit on behalf of NMA Member #11. Refer to Newsletter #75. (75.9X) below. Refer to NMA Report #R-211, Rev. 1.
5. (82.17S). Request for Congressional Help on Undermanning & Hours of Service Issues. Refer to NMA Reports #R-370, Rev. 4;
11
#R-202, Rev. 5; #R-350, Rev. 6, Issue Y. .
6. (82.16R. Brooklyn Bridge Overhead Clearance Accident. NMA Reports #R-293-A & #R-293-B. Air draft.
7. (82.25A). TSAC Meeting – Held in Houston March 20 – 21, 2012. Task Statements #12-02, Review of NVIC 1-95 Towing vessel
manning &#12-02 Towing vessel stability. Our file GCM-17X
8. (82.7G). Judge Swartwood Pressed to Change His ALJ Probe Report. By Richard Gaines, Gloucester Times.com. Challenges
corrupt USCG ALJs. Refer to NMA Reports #R-459; #R-204Rev. 2. Allegations that fishermen could not get a fair trial.
9. (82.28D). Developing a “Maritime Protest.” Importance of fully documenting conditions that lead up to accidental injuries &
illnesses. Fully document all your hours of service in the Official Logbook. Logbook issues. Refer to NMA Reports #R-234, Rev.
2; #210, Rev. 2. Complete and turn in all company accident reports. Document all unsafe practices and accidents. What is a
“protest? “If it’s not in writing, it didn’t happen!!!”. Sample “Safety Report.”
11. (-----). USCG Notice on Hours of Work & Rest and Security Training. IOMM&P. Weekly rest hours have been changed from
70 to 77. 46 CFR §15.1111. Ships operating in foreign ports must possess proof of having passed security training courses. 33
CFR §104.220 & §104.225.
11. (-----) Magnetic Hull Patches. Source: MarineLink.
12. (82.5E) Blame the Human. By Capt. Joel Milton. Workboat. Opinion. The term “human element” must have a much broader
application as explained.
12. (82.6F) 2010 “Citizens United” Supreme Court Decision. By Richard L. Trumka. Politics. Court struck down restrictions on
independent campaign spending by business corporations and their supporters.
13. (82.8H). USCG Publishes Policy on Implementing 2010 STCW Amendments. SIU Seafarers Log. Manila Amendment. 77
hours of rest per week. Applies to vessels operating under STCW. Requires logging hours of rest.
13. (82.27C). Coast Guard, Inland Waterways Launch New Training Program. By Pamela Glass, Workboat. AWO. USCG
Academy is expanding marine safety curriculum. 12 - 20 cadets to train on towing vessels for marine safety billets.
14. (82.18T). Driving Under the Influence Could Impair Your Maritime Career. By Kelley Sweeney. Source: PMM. DUI. DWI. 46
CFR §10.213. A DUI conviction within the last three years can result in the denial of credential issuance until the candidate can
prove “rehabilitation.” DUI conviction is proof of alcohol abuse. NVIC 04-08. Refer to NMA Reports #R-315-G; #R-436, Rev.
3 & #R-448, Rev. 1.1 & §10.213.
15. (82.10L). Life or Meth. Drug abuse.
15. (82.3J). Health and Food Service in the Towing Industry. Unsanitary potable water. Refer to NMA Reports #R-395, Rev. 4; #R395-A, Rev.1; #R-395-B.
15. (82.19U). Important Tug Driving Skills Are Being Lost. By Capt. Joel Milton, Workboat. Lost towing skills. ATB.
16. (82.20V). NOAA Satellites Aid in the Rescue of 207 People in 2011. IOMM&P. EPIRBs and satellite rescues.
16. (82.21W). How to Lock Your Car and Why. Advice. Manually lock your car because your security code can easily be stolen.
16. (82.23Y). NOAA Prepares to Phase Out Navigation Response Teams. Navigation safety. Because of budget cuts teams that
work in nation’s busiest ports surveying for dangers to navigation and updating nautical chart products are being phased out.
17. (82.29E). The Tell-Tale Mirror. Humor.
17. (82.24Z). New Ballast Water Regulations. 77 FR 17253-17320, March 23, 2012. 33 CFR Part 151 & 46 CFR Part 162. Docket
No. USCG–2001–10486.
18. (82.32H). Shell Awaits New Giant Icebreaker. Source: Marinelink. New Arctic Icebreaker. Edison Chouest Offshore. Refer to
NMA Report #R-201-A. Subsequent accident report. M/V Aiviq. Oil rig Kulluk.
18. (82.13NN) . TWIC Holders Still Await Renewal Extension. IOMM&P. TWIC card reader test yields mixed results. DHS
wastes another $132.50 of your money. TWIC program is like an unfinished bridge. Oiling the revolving door by David
Halperin. POGO. Former LA Congressman Billy Tauzin now is a well-paid lobbyist. So is former USCG Commandant James
Loy who is now in Lockheed-Martin boardroom. They are contractors for TWIC cards. +NMA comments.
20. (82.22X). Exxon Valdez Oil Tanker Sold For Scrap.
20. (82.26B). Shipping Industry Facing “Deepwater Horizon Moment.” Maritimelink.com. Predictable seagoing disasters
21. (82.2BB). Towboat Crew Member Awarded $4.3m Judgment. Workboat. Crewmember who was told to ride out Hurricane
Katrina on a river towboat suffered from post-traumatic stress syndrome wins in court. TECO barge line. M/V Anita M.
21. (82.1A). New & Revised NMA Reports.
NMA Newsletter #81 – December 2011
1. (81.25A) The Truth About Towing Vessel Inspection. By Richard A. Block. Comments made at public meeting at Kenner, LA.
and submitted to Docket #USCG-2006-24412-0023. Refer to NMA Report #R-276, Rev. 8 that dealt with 76 specific safety issues.
Unaddressed items were #57-Hearing protection; #42-Safe potable water; #55-Asbestos removal: #54-Lockout-Tagout; #9 &
#52 Sanitary inspection & sanitary food service; #72-Inspect dry cargo barges for workplace safety. Background and marine
safety issues.
4. (81.4D) Richard Trumka, American. By John H. Richardson, www.esquire.com. Biography. Trumka is President of the AFL-CIO.
9. (81.11L) National Labor Relations Board Attacked. IOMM&P. NLRB protects worker rights of 77% of all private sector
workers in the US, both union and non-union.
9. (81.21W) NLRB Approves New Election Rules. Limits tactics used to delay elections after employees collect enough signatures
at a workplace to form a union.
9. (81.24Z) USCG Seeks Comment on Watch System. By Dom Yanchunas. Source: PMM. Regulating mariner hours of service.
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Mariners need 7.5 hours of uninterrupted sleep. NTSB. AWO.
10. (81.5E) Battered & Bashed – The Old EJ&E Bridge Replaced With a Tow-Friendly Span (2 Photos + Text). EJ&E Bridge
Replacement, Morris, IL. Truman-Hobbs Act.
11. (81.15Q) After Takeover of Union Local, A Rebellion in the Tugboat Ranks. By Tom Robbins. Tug Labor Unrest on East
Coast. ILA Trusteeship. Local 333. (Note: Local 333 is now part of IOMM&P.)
12. (81.18T) USCG Fumbles While Truck Drivers Get New Hours-of-Service Regulations. Excerpt from FR overview. In contrast,
most limited tonnage mariners work 84-hour weeks but some work much longer. Reduces excessively long work hours that
increase fatigue-related crashes and health problems for drivers. 76 FR 81134-81135, Dec. 27, 2011. Comments by NMA
Director Capt. Steve Oravets.
14. (81.8H) Two Stories of Distracted Pilots. 1)By Mary Claire Dale, Associated Press. Tug pilot sentenced to year in jail for
deadly duck boat crash NTSB. Collision between M/V Duck 34 and Tug Caribbean Sea. Our file #M-836.// 2)By Vereth Rosen.
Alaska tugboat Captain faulted for playing video games. M/V Pathfinder. Prince William Sound. Crowley Marine Services.
Our file #M-826. DUKW.
15. (81.3C) Outsourcing Government Services Might be Bad Business. POGO. Investigation. Gov’t regularly pays service
contractors at rates far exceeding cost of using federal employees to perform comparable functions.
16. (81.19U) Follow-up on “ITF Heroes.” Refer to (80.20W) below for background.
16. (81.20V) Treat Foreign Crewmen Fairly. By Capt. Max Hardberger, Workboat. Federal gov’t should eliminate unfair charges
for allowing access to mariners going ashore. See §621 in (77.2B)
17. (81.2B) The "Patch Less" Salvor: A Shipowner's Best Friend. Marine Salvage. www.americansalvage.org. New regulations
place emphasis on salvors’ preparedness and responsiveness. 33 CFR Part 155. Refer to 33 CFR §155.1015 for applicability.
Refer to NVIC 2-10 for guidance on salvage regulations.
17. (81.7G) We Appreciate These Letters Sent to the Towing Vessel Inspection Docket. Contains reprints of comments by 11
mariners to the docket. Docket #USCG-2006-24412-0067. Also refer to NMA Report #R-276-J by Capt. John R. Sutton. Refer to
NMA Report #R-276-K by Capt. Gary Hensley.
20. (81.14P) New TWIC Change Affects Some Limited Tonnage Mariners. CG-543 Policy Letter regarding processing of MMC for
mariners not requiring a TWIC credential.
22. (81.16R) More TWIC Screw-Ups. TSA reports a production error left 26,000 TWIC cards unreadable.
23. (81.6F) Change Overdue. NMA FOIA for government contract information was sidetracked. (Note: ABS $550,000 contract to
develop USCG STCW exam questions was finally made available to NMA in Oct. 2015.)
23. (81.9J) MERPAC Vacancies Announced. 76 FR 76429-76430, Dec. 7, 2011. Docket #USCG-2011-1103.
23. (81.10K) Carbon Monoxide Dangers. NMA letter to RADM Cook + response. Leaking exhaust systems. OSHA has regulatory
oversight on this workplace matter.
24. (81.12M) DOT Takes Steps to Close GMATS. Source: Marex. GMATS was organized to serve as a continuing education
program at USMMA at Kings Point, NY. DoT. .
24. (81.13N) Winter Preparations Should Already be Complete. By Capt. Joel Milton, Workboat. Best science and medical
protocols for rescuing personnel from the water. Also refer to The Truth About Cold Water Recovery by USCG Rescue swimmer
Mario Vittone (mariovittone.com) on the internet. Refer to NMA Reports #R-354, Rev. 4; #R-354-A; #R-354-C.
25. (81.17S) Marine Safety Alert 07-11. Safety. Dangers of working around moving machinery.
25. (81.22X) STCW Changes – Policy Notice. Implementation of 2010 “Manila” Amendments. 77 FR 232-233, Jan. 4, 2012.
Docket #USCG-2004-17914.
26. (81.23Y) USCG Reauthorization Bill Passes House. SUP. This bill contains no mention of any items our Association requested
in NMA Report #R-350, Rev. 6.
27. (81.27D) USCG: Work After Retiring. GAO Report #12-174. Revolving door. Post-government employment restrictions can be
strengthened. Refer to NMA Report #R-428-K. Public loses access to USCG exam questions, answers, and illustrations.
28. (81.1A) New and Revised NMA Reports
28. (81.26B) New (2012) Policy on Research Reports. (Note: We rescinded this policy so that all NMA Reports now are available
on the internet free of charge.)
NMA Newsletter #80 September-October 2011
1. (80.9J) Action Alert!!! Fatigue. Cartoon
2. (80.10L) Occupy What? Opinion. Towing vessel inspection issues. Bridging program, NMA Report #R-276-C. Marine Safety
Directorate dawdled until Congress demanded to see new regulations after 6 years of work. AWO. RCP.
2. (80.22Y) Billionaire Warren Buffett Says Stop Coddling the Super Rich. NY Times Op-ed.
3. (80.11XX) Towing Vessel Inspection Rulemaking. By Richard A. Block. Comments submitted to Docket #USCG-2006-244120023 at Kenner, LA, meeting on towing vessel inspection NPRM.
9. (80.1A) NMA Lists Disappointments in Towing Vessel Inspection Rulemaking. By Richard A. Block. Comparison between
what NMA requested from the Coast Guard in NMA Report #R-276, Rev. 10 and what we found in the proposed towing vessel
inspection regulations. Dissatisfaction with the USCG Marine Safety Directorate. Refer to NMA Report #R-401-E to evaluate
the dissatisfaction that former VADM Card found. (Note: To date (Jan. 2016) the final Towing Vessel Inspection rule still has
not been published.
10. (80.8H) A Few NMA Mariner Comments on the Towing Vessel Inspection NPRM. 12 mariners comment on TVI.
13
12. (80.14Q) Mariner Loses Foot in Gruesome Towing Accident: 12-Hour Rule Violation Proven In Court. By Nelson Wolff, Esq.
Kenneth Mercer v. Chem Carriers Towing, LLC. Mariner Suffers Horrific Injury. Refer to NMA Report #R-370, Rev. 4, Problem
#2 (page 7-2). Even if towing vessel officers operate under the 12-hour rule, there is no such rule that applies to deckhands who
can work unlimited hours, often with inadequate assistance.
13. (80.2B) Future Relocation of Coast Guard Headquarters. St. Elizabeth’s Hospital Site. Former first Federally operated
psychiatric hospital in the U.S. Housing over 8,000 patients at its peak in the 1950s.
14. (80.12N) Revise Mariner Medical Standards Before It’s Too Late. By Walter E. Blessey. Opinion. Need for a frank discussion
with USCG officials on medical standards now required of mariners to obtain and retain a license. Personnel crisis looms.
15. (80.5E) Experienced Mariners and Pilots Needed. By Capt. Joel Milton, Workboat. Cites Walter E. Blessey (80.2B) and NMA.
Refer to NVIC 04-08. (Note: MEDMAC continues to generate suggestions on revising this controversial NVIC.)
15. (80.18U) Medical Standards. By Capt. Joel Milton, Workboat. MTVA. The two-watch system is a health and safety failure in
itself. Mariners are responsible for what is within their control. “Sedentary life style” is the new normal. If you think “big
business” is looking out for you, wake up! .
16. (80.6F) New and Revised NMA Reports
17. (80.7G) Mariners Fight for Exam Database Accessibility. By Jack Simpson, WJ. Editorial. Refer to NMA Report #R-428-K.
18. (-----) NMA Comments at STCW Public Meeting in New Orleans. Proposed regulation 46 CFR §11.910 & Table 11.910. 76
FR 46023-46025. Docket #USCG-2004-17914. NMA asserts the public has the right of free access to the latest version of every
exam Q&A // Source: Marex. SOCP is looking for instructors to develop exam Q&A for STCW95 deck & Engine ratings.
20. (80.23Z) Heads-Up to All Designated Examiners. TSAC completed work in updating TOARs. Tighten existing procedures. New
forms awaiting USCG approval.
21. (80.15R) Coast Guard Warns of Problems With VHF DSC Distress Alerts. 90% of calls received by USCG contain no position
identity info. 60% of new radios have no owner registry info. This makes it difficult for the Coast Guard Rescue 21 marine radio
network to function as intended.
21. (80.13P) Congressman Landry Delivers for Offshore Oil Industry. Source: Marinelink. OMSA. OSV. Notice of Arrival
regulations were not supposed to impact domestic offshore supply vessels working for the offshore drilling industry.
21. (80.3C) USCG Vessel Repair Kickback Scheme. Source: Marinelog. Criminal Conspiracy involving USCG thwarted.
22. (80.16S) 'Murder At Sea' Allegation. Tugs & Towing Offshore Newsletter. Trinity II liftboat disaster. Mexico. Pemex.
Mermaid Marine Australia. M/V Mermaid Vigilance. Did not rescue, but abandoned crew of liftboat during hurricane.
23. (80.19V) Coast Guard Proposes Changes in U.S. Licensing Regulations. Source: IOMM&P. Manila Amendments. Docket
#USCG-2004-17914. Complaints of lowering standards and “deskilling” officers’ positions on large oceangoing ships.
23. (80.20W) ITF Stands Up For Merchant Mariners. ITF Heroes. FOC owners cheating Filipino crewmembers of their rightful
wages.
24. (80.21X) USCG-Mariner Update: Able Seafarer to Mate Training. Mitags & PMI. Training – Deckhand to Mate.
NMA Newsletter #79 – July/Aug. 2011
1. (…..) Promise “Change” But Don’t Count Oon Things Smelling Better. Humor.
2. (79.7G). Towing Vessel Inspection Rulemaking Degrades our Mariners. Towing Vessel NPRM Proposed towing vessel
inspection rules appear in Federal Register. 76 FR 49975-50050. Docket #USCG-2006-24412. Urged mariner comments on
NPRM before Dec. 11, 2011. NPRM is reproduced in NMA Report #R-276-E. Article gives our first impressions of this NPRM.
3. (79.18T) Q&A – Inspection of Towing Vessels. Based on pamphlet distributed at public meetings on towing vessel NPRM.
4. (79.4X) Capt. Steve Oravets Comments on Towing Vessel Inspection Rulemaking. Steve is a NMA Director who offers his
comments on towing vessel inspection NPRM. Research indicates a ”square” watch (6 and 6) is not viable as a safe watch
system causing an inevitable sleep debt. Fatigue. Hours of crew rest. NMA Reports #R-304 & #R-305 show how the USCG
treats its own crewmembers.
5. (79.15Z) NMA Comment on Proposed New Western Rivers Definition. Change to definition of Western Rivers. NPRM. 76 FR
50008, Column 3 [Enclosure C] 46 CFR §136.110. Docket #USCG-2004-17913. Our file # SNMA0821.1B
4. (79.12M) Towing Vessel Inspection Long Overdue. By Capt. Max Hardburger, Workboat. Opinion.
6. (79.17S) Medical Evaluations for License Renewals Continue to Cause Concern. By David Murray, WJ. +2 Letters to the (WJ)
Editor. NVIC 04-08. Medical Evaluation Problems. It takes time and personal and company resources to deal with a 9-page
physical evaluation form. Also see (77.18S) & (78.4D) & (78.6F). Sleep apnea. Age discrimination. Appeal process is a form of
begging the USCG to allow you to work. Refer to NMA Report #R-214..
8. (79.19X) NMA Letter to the Docket on Key Towing Vessel Manning Issues. By Richard A. Block. Docket #USCG-200624412. Forgotten Manning Issues. 76 FR 49991-49992, Aug. 11, 2011. Our File: Snma0820.1A. Work hours. Fatigue. Pilot’s
Agree. Three watch system. Two watch system. One watch system. Work hours for deckhands & ratings. Crew travel time.
CEMS. Refer to NMA Reports #R-350, Rev. 6; #R-370, Rev. 4;#R-370-A, Rev. 2; #R-370-B, Rev. 4; #R-370-C, Rev. 2; #R-370H; #R-370-I; #R-370-K; #R-412, Rev.1; #R-412, Rev.1
10. (79.5E) Coast Guard ALJs involved in Fisheries Scandal. Sec’y of Commerce ordered monetary penalties ($649,527)
returned to 11 fishermen based upon a Special Master’s Report by retired Judge Charles Swartwood III. NOAA enforcement by
USCG ALJs “overstepped the bounds of propriety and fairness.” Sec’y of Commerce canceled contracts with USCG ALJs to
handle NOAA cases followed by public hearings and public apologies. Fishermen called on NMA. Parallels the scandal
involving ALJs reported in Baltimore Sun in 2007. USCG later promotes ALJs involved. Judge Swartwood’s harsh words on
14
USCG ALJ program in general. Refer to NMA Reports #R-204, Rev.4.; #R-429-O; #R-429-S; #R-429-W.
12. (79.10K) The USCG Bridging” Program. Opinion. Adverse comment from mariner. NMA Report #R-276-C.
13. (79.9J) Changes Coming for Mariner Credentials. By Capt. Joel Milton, Workboat. Docket #USCG-2004-17914. 60 day
comment period for 2010 Manila amendments to STCW. Regulatory overload.
13. (79.6Y). New Policy Letter #11-07, Officer-in-Charge of a Navigation Watch via the Hawsepipe. Applies to Mate, Ocean/Near
Coastal 500-1600 GRT; Mate, OSV; Third Mate, Ocean/Near Coastal. +NMA Letter to USCG. USCG has thrown our mariners
“under the bus”. Designated Examiner qualification letter. Assessor. TOAR. Our file #GCM-306.
15. (79.2B). More Monies Not Well Spent. By David Krapf, Workboat. Opinion. TWIC cards are totally useless. Nothing smart
about these “smartcards”. +NMA comments.
16. (79.3C). Guilty Pleas in Duck Boat Case. Marine Log. 18 USC §1115. Refer to NMA Report #R-207-C. Also NMA Reports #R207, Rev. 1; #R-275, Rev. 3; #R-207-A; #R-207-B. DUKW.
17. (79.11L). Rep. LoBiondo Holds Hearing to Examine Ways to Improve Coast Guard Operation. Hearings on USCG
“Operations” are not the important merchant mariner issues we brought to Congress’ attention in NMA Report #R-350, Rev.7
that they seem to have forgotten about after the last productive legislative session ended in 2010.
17. (79.8Z). Suit Claims Louisiana Shipbuilder Mislead Coast Guard. USCG Sues Bollinger Shipyard. Pix of USCG Cutter
Matagorda]
18. (79.13N). India Tango. By Capt. Jordan May, Co-director of Master of Towing Vessels Association (MTVA). Report on the
Fremont Marine India Tango Fire Training Program. Firefighting.
19. (79.14P). Tug Luck. By Capt. Joel Milton. Good towing advice.
20. (79.16R). USCG Comment on NMA Report #R-417. By James D. Cavo, USCG Civ. NMA Report #R-417-B, NMA Comments
to the Towing Safety Advisory Committee Meeting, June 16, 2011. Docket #USCG-2011-0144,
21. (79.1A) New and Revised NMA Reports
22. (79.22D) Your Logbook Should be Your Friend. Congress added 46 USC §11304 requiring “Official Logbooks” on all
inspected vessels and entries on time each seaman and officer assumed or relieved the watch, the number of hours spent “in
service to the vessel”, each accident, illness, and injury that occurred during the watch. Refer to NMA Report #R-234, Rev-3.
GCMA Logbook Resolution at (NL#3B, Item 3B-11)
23. (79.21X) Other News. Use only the most recent physical exam forms since older forms may be obsolete. ILO Maritime Labor
Convention.
NMA Newsletter #78 – June 2011
1. 78.2B Monies Not Well Spent. NMA letter to U.S. Rep. Jeffrey Landry. We identify (77.10J) as Enclosure #1. Costs of training
and credentialing; Medical overkill; USCG concentrates on Homeland Security duties and allows marine safety to fall through
the cracks. Refer to NMA Reports #R-401-E & #R-401-G.
3. (78.7G) Telling it Like it is During High Water on the Western Rivers. By Capt. John Sutton. Letter to the Editor, WJ, on High
Water. In disagreement with AWO published comments by Jennifer Carpenter regarding accidents and training. Unposted and
inexperienced pilots sent on new routes.
4. (78.4D) Report of TSAC Meeting In Memphis. By Richard A. Block, Sec’y NMA. NMA Report #R-417-B. This is our TSAC
Meeting Report to our membership. (Note: The “official” TSAC report appears on the TSAC website).
9. (78.13M) USCG EXAM Q&A Removed From Internet. Letter of complaint to DHS Sec’y Napolitano. Our file #GCM-287.
NMA will fight exam Q&A removal.
9. (78.6F) Coast Guard Medical Review Process Still Too Slow, Mariners Say. Source: IOMM&P. Medical Review Fiasco.
USCG medical standards are unworkable and unmanageable. Excerpt of Testimony of Augustin Tellez, SIU. Deterrent to
attracting new manpower. Hindrance to job creation. +NMA comments.
11. (78.11K) Distractions in the Pilothouse. Marine Log. NTSB investigation of duck boat accident. Recommendations to USCG.
Inadequate manning. Multi-tasking existing crewmembers. Inappropriate use of cell phones and other electronic devices.
Article by Dale K. Dupont, Workboat. DUKW.
12. (78.1A) Shipboard Smoking Policies. By Tim Akpinar, Esq. Refer to NMA Reports #R-341, Rev. 4 and #R-341-A.
12. (78.5E) No Smoking On Board. By Capt. Joel Milton, Workboat. Marine industry and regulators continue to put off doing the
right thing. Regulation of smoking on board should be a condition of employment. Puts mariners in a no win situation. Mariners
have been left without protection. Worst culprits are those in top positions onboard vessels. +NMA comments.
13. (78.21V) Wearing “Sunglasses” At Night. By Capt. Joel Milton, Workboat. Auto glass tinting film applied to inside of
pilothouse glass is as dangerous as driving with sunglasses at night. NMA brought out this point in NMA Report #R-276, Rev. 9
Item #70, Pilothouse Visibility Standards. Entered in Docket #USCG-2004-19977.
14. (78.9I) Latest TWIC Poop. By Pamela Glass, Workboat. Eliminating second trip to pick up TWIC took an Act of Congress to
resolve. Poop on the TWIC.
14. (78.20U) New IMO Secretary General Elected. New IMO Sec’y General Sekimizu replaces Mitropolos.
15. (78.15P) Electronic Engine Problems. Dangers involved when a towboat engine quits without warning after showing an alarm.
15. (78.22W) New Coast Guard Policy Letter Will Impact Hawsepipers. Summary of 76 FR 38671-38672, July 1, 2011. Docket
#USCG-2011-0525. Qualification for STCW endorsement as OCINW on ships 200 GRT/500 GRT or more. +NMA comments &
contacts.
15. (78.17R) Licensed Captain Faults Coast Guard Arrogance. By Capt. Terry D. Weber. NMA recommends Chuck Kakuska, Sea15
Ks Maritime Licensing Service for mariners that encounter USCG Arrogance in trying to deal with RECs or the NMC.
17. (78.18S). Safety Alert. USCG Alert #02-11. Air receivers and relief valves.
17. (78.16Q) NMA Questions Role of Coast Guard Advisory Committees. USCG uses Advisory Committees as tools to advance
their own program. What about problems mariners want to see solved? 5 examples. Closed door advisory committee
membership selection process. NOSAC. TSAC. MERPAC.
19. (78.12L) Boating Under the Influence (BUI). USCG Pittsburgh. NASBLA. Operation Dry Water.
20. (78.23Y) Coast Guard “Unresponsiveness” Comes at a Price for Taxpayers. Comments by limited-tonnage mariners. Our
problems often differ from those of “upper level” mariners who are “organized” and well represented in Washington.
Arrogance. USCG in Congressional dog house again. Navy Times article by Christopher P. Cavas. House panel rips into
USCG for red tape. Withholds USCG funding because of late studies.
22. (78.19T) Dangers in Using VHF to Avoid Collision. Source: PMM. 33 CFR §83.34(h). Follow the rules. Use of VHF not
always helpful and may even prove to be dangerous. Imprecise or ambiguously expressed messages. Language problems. IMO
Resolution A.954(23) on proper use of VHF channels at sea.
22. (78.3C) New and Revised NMA Reports
23. (78.8H) Hydrogen Sulfide Gas Incident Cover-Up. Source: Marex. H2S is Deadly. Punitive damages against cruise line when
H2S gas was blown back into air conditioning system. Refer to NMA Report #R-378.
24. (78.10J) Piracy and Flags of Convenience (FOC): Both Lawless Maritime Enterprises. By Rose George, NY Times. Open
registries. Many state registries lack the capacity or will to monitor the safety and working conditions on ships or to investigate
accidents. Instead, ship safety certificates are given out by private classification societies.
25. (78.14N) Interview with USCG Admiral Robert Papp. By Capt. Joseph Keefe.
NMA Newsletter #77 – May 2011
1. (77.21V) By the President of the United States of America – A Proclamation. National Maritime Day proclamation.
2. (77.22W) Flying Blind. By Ms. Carolyn Steele, Article from Spring 2011 Proceedings. Lessons learned from casualty
investigations. Our file M-459. OSV Lee III & M/S Zim Mexico III collide at LMR mile 7.8 BHP on Feb 21, 2004 with loss of 5
lives. Thick fog, faulty communications, and inexperience lead to disaster on the Mississippi. Collision between OSV Lee III and
Zim Mexico III.
11. (77.1A) Investing in Personnel. By Leslie Breland, WJ. Opinion. Wife of skilled, professional, well-trained towboat captain.
Towboating industry must wake up. There is a reason they have difficulty recruiting and retaining the caliber of personnel
required. 84-hour workweeks in a stressful environment away from home and family. Undermanning.
12. (77.10J) TWIC – A Dangerous and Expensive Security Experiment. Source: MarEx. TSA still has not approved a technology to
read biometrically enabled credentials. Spent over $500M (possibly $3.3B over 10 years) on technology no more useful than
library cards. TWIC is a dangerous and expensive experiment.
13. (77.4D) More Credential Delays at the NMC? By Capt. Joel Milton, Workboat. Mariners who wait to renew may have
credentials that expire with no recourse.
13. (77.23Y) Artco Tows Crash at Baton Rouge. M/V American Pillar. Oversize and overloaded tows. High water. Refer to NMA
Report #R-340, Rev. 9.
14. (77.24Z) Playing Video Games. M/V Pathfinder. Crowley. Pix. Captain of tug that hit Bligh Reef in 2009 was playing video
games. Our file #M-826 is incomplete since USCG accident report is useless.
15. (77.14N) TSAC Meeting Announcement. Agenda only.
15. (77.7G) Medical Reviews. USCG oversold its entire medical review program to MERPAC. Capt. Arthur French, USCG, MD.
Dr. Gillis. Incompetence. Arrogance. 2003 Staten Island ferry accident caused the NTSB to recommend and the USCG to take
draconian and dysfunctional steps to implement a new program that simply didn’t work, took years to correct, and ruined the
careers of many mariners.
17. (77.18S) Committee to Look at Mariner Medical Issues. By Dale K. DuPont, Workboat. NMA Comments and emphasis added.
New Medical Advisory Committee. Merchant Mariner Medical Advisory Committee. MMMAC. MEDMAC.
17. (77.16Q) Mariners Still Suffer From Sleep Deprivation. By Dale K. DuPont, Workboat. +NMA Comments. The “two-watch”
system is another way to cover up an 84-hour work week for officers. The AWO RCP authorizes its member companies to work
unlicensed personnel 15-hour days. NMA Report #R-350, Rev. 6 Items H&K urged Congress to cap the workday for all mariners
at no more than 12 hours.
17. (77.17R) Providing CPR - No Time to Waste. USCG Safety Alert.
19. (77.2B) New and Revised NMA Reports
19. (77.6F) Master of Towing Vessels Association Report. By Captain Jordan May. MTV Association Report. (Note:
Unfortunately, this Association with so much to offer both to the towing industry and its mariners in leadership and expertise
closed its doors without notice. Fortunately, much remains posted on their website: https://towmasters.wordpress.com/)
20. (77.12L) Wake Warning. USCG notice. Each vessel is responsible for damage caused by its wake. 46 USC §2302. Nav. Rules
2, 5 & 6. 46 CFR §5.29.
20. (77.5E) Our Seamen Are the Bread Winners for Company Pencil Pushers. Opinion by wife of experienced tugboat Captain.
21. (77.8H) NMA Petitions the Coast Guard for Rulemaking, Part 2. (75.7G) USCG regulation 46 CFR §5.59 wording does not
correctly correspond with 46 USC 7704(b). Suspend or Revoke. S&R. Docket #USCG-2010-1021. NMA Report #R-204, Rev. 2,
Chapter 15. Our file #GCM-298.
16
21. (77.9I) Bridge Administration Complaints. Local complaint of bridges discriminating against marine traffic. 33 CFR §114.10;
§117.45(c); §117.455. Complaint answered, appropriate action taken.
22. (77.11K) A Barge Accident in the Name of Love. By Ken Hocke, Workboat. M/V Mel Oliver – Tintomara. 282,000 gallon spill
at New Orleans. Mariner complaints aired in NMA comments.
22. (77.20U) Disposal of Chemical Weapons at Sea. By Dennis J. Bryant, Marine Reporter. Chemical Ordnance Disposal at Sea
23.(77.13M Monetary Rewards. AP. Crewmembers cooperating in federal investigation of polluting ship granted large cash award.
$1M.
23. (77.15P) Maritime Unions Enter Drillship Market. Source: gCaptain. The fire on Deepwater Horizon and resulting loss of life
and exceptional pollution has brought attention to placing drilling rigs under the command of appropriately licensed maritime
personnel.
24. (77.19T) BP Oil Spill by the Numbers – A Year Later. Deepwater Horizon. Statistics regarding the oil spill response. Our file
#M-831.
25. (77.25A) Coast Guard Advisory – Upgrade to GPS Enhanced EPIRBs. Many EPIRBs do not have the ability to transmit the
EPIRB’s GPS location. Save 30 to 100 minutes in obtaining an accurate location. NTSB recommendation based on M/V Lady
Mary Accident. Our file #M-811. F/V Lady Mary fishing trawler sinks 60 miles off Cape May, NJ, Mar 24, 2009.
25. (77.26B) Commandant Fails to Reply to Our Letter to Restore Exam Q&A Database on Internet. NMA formal appeal of Nov. 23,
2010 and letter of Feb. 21, 2011. Our file #Rnma1123.1B. ADM Papp.
26. (77.22X) Updating Our Records.
26. (-----) Capt. Tony J. Griffin, 1952-2011, RIP. Obituary.
NMA Newsletter #76 – March – April 2011
1. (76.10J) Inappropriate Cell Phone Use on Watch. By Dale K. DuPont, Workboat. Duck (Dukw) boat. Accident Picture. 2 dead,
10 injured. NTSB to USCG: Crack down on the use of cell phones.
3. (76.14N) Towing Vessel Inspection Regulations Finally Move Forward. By Pamela Glass, Workboat. Also article from AWO
Newsletter.
3. (76.8H) Checking Up On Mariner Credentials. By Joel Milton, Workboat. Boarding parties find bogus credentials. Elaborate
forgeries. NMC website offers instant verification of credentials. USCG made mistake in removing license “Issue Numbers”.
+NMA comments
4. (76.16Q) In Command. By BMCM Paul Driscoll, USCG (Ret.), NMA Director. Poem written in memory of RADM Richard I.
Rybacki, USCG.
5. (76.5E) NTSB Doesn’t Consider Economics, Just Safety. By Capt. Alan Bernstein, Workboat. +NMA comments. Sunset
Limited accident and radar observer training. NTSB Recommendation #M-94-32; #M-94-33; #M-9436. M/V Pilgrim Belle and
out-of-water survival craft. NTSB Recommendation #M-86-61. Medical Evaluation and the Staten Island Ferry Accident. NTSB
Recommendation #M-05-05.
6. (76.3C) Burn, Baby, Burn. Refer to Congressman James Oberstar’s letter in Docket #USCG-2004-19977-129. Vessel fires on
towing vessels are very common 494 in 12 years. M/V Miss Niz fire in NY harbor. (75.15P) Towing industry killed meaningful
USCG fire protection regulations. Undermanning of towing vessels. USCG and industry management “postpone(s), avoid(s),
and delays” dealing with manning issues.
9. (76.16R) Murray Rogers Case Hearing at Fifth Circuit Court of Appeal. By Capt. Murray Rogers. Rogers’ Case in now in 5th
District Court of Appeal. S&R. NMA Report #R-204, Rev. 2. Coast Guard Injustice Manual. +NMA comments. 12-hour rule
violation. NMA recommends License Defense Insurance, NMA Report #R-342, Rev. 5.
9. (76.1A) Living Without Loran. By Capt. Joel Milton, Workboat. Opinion. Questions decision to dismantle terrestrial-based
Loran C instead of upgrading it to e-Loran.
10. (76.2B) American Labor is Under Attack. SIU. BLS issues annual report on union membership. ILWU “President’s Message”
by Robert McEllrath. Wisconsin is a battleground for organized labor. Remember PATCO and learning from the past.
12. (76.13P) Piracy. Source: IOMM&P. Maritime unions call on U.S.to modify rules of engagement and stand up for mariners who
fight back against piracy. Somalia. Legal.
13. (76.12L) Treat All Seamen Fairly Regardless of Ship Registry. By Capt. Max Hardburger, Workboat. Cruel and greedy owners
have historically victimized seamen. Open registry. Flags of Convenience (FOC). ITF. +NMA comments.
13. (76.4D) MERPAC Re-established. Federal Advisory Committee Act. FACA. 5 USC App. Advisory committee gets a new charter.
15. (76.6F) High Water Tests LMR Bridges. LMR. River reports from our mariners at Vicksburg, MS; Natchez, MS; Memphis, TN.
Refer to NMA Report #R-400, Rev. 8.
16. (76.7G) STCW 2011 Consolidated Edition. MET book sales info.
16. (76.9L) New and Revised NMA Reports
17. (76.11K) USCG Begins VGP Inspections. Marpol Training Institute.
NMA Newsletter #75 – January-February 2011
1. (75.12E) Life on the Mississippi. 2 Photos – 40 Loads Southbound at Greenville, MS and Snow in Memphis.
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2 (75.15P) The Towing Industry is a Poor Career Choice. Until critical hours of service (work-hour) reforms mentioned in NMA
Report #R-201 and other reforms mentioned in NMA Report #R-276-D, Rev. 2 are made, this reflects our Association’s policy
statement.
2. (75.9X) Take This Opportunity to Stop Illegal “Headhunting.” Refer to NMA Report #R-211. Rev. 1. Also see Reports #R-276-D
and #R-350, Rev. 5, Issue “X”. However, Dennis M. O’Bryan, Esq. (248) 258-6262 should be consulted as the expert on this
matter.
3. (75.18S) Saving the American Dream. By Richard A. Block. Editorial opinion on labor-management issues.
6. (75.32W) Sobering Statistics Many sources. Contributed by Capt. Buddy Blackburn. Baseline statistics mariners should be
aware of.
7. (75.28Q) Representatives Appointed to House Coast Guard and Maritime Transportation Subcommittee. Leadership positions in
the 112th. Congress on Coast Guard and Maritime Transportation Subcommittee. This subcommittee initiates legislation that
directly affects our mariners.
7. (75.7G) NMA Petitions the Coast Guard for Rulemaking. (77.8H) USCG regulation 46 CFR §5.59 wording does not correctly
correspond with 46 USC 7704(b). Suspend or Revoke. S&R. Docket #USCG-2010-1021. NMA Report #R-204, Rev. 2, Chapter
15. Our file #GCM-298.
8. (75.30C) Former AFL-CIO President John Sweeney Receives Nation’s Highest Civilian Honor. Presidential Medal of Freedom.
Our Association was founded by John Sweeney, President of the AFL-CIO, and the leaders of four national maritime unions in
April 1999. He visited and spoke with us in Houma, LA, on June 30, 2000.
8. (75.6F) Renewing Your License, Part 3. By Joel Milton, Workboat. USCG must find a way to restore some reasonable form of
direct, person-to-person contact between mariners and licensing administrators.
8. (75.1A) The Maritime Personnel Shortage. Source: Workboat. +NMA comments & emphasis.
9. (75.2B) New and Revised NMA Reports
9. (75.31N) What’s Happening With TSAC? Capt. Joe Dady (NMA President and TSAC member) letter to Capt. Michael J.
Harmon, USCG representative to TSAC. The USCG will obtain real feedback if they care to listen from the mariners who deal
with the SMS every day. +USCG response. TSAC is getting a new charter. Congress in 2010 took protection of whistleblowers
from USCG and gave it to OSHA.
11. (75.3C) TSAC Vacancy Announcement. Summary +NMA comments about TSAC members serving at their own expense.
12. (75.4D) DRD Towing Sentenced for Mississippi River Spill. One outcome of M/V Mel Oliver – Tintomara collision and oil spill.
12. (75.19T) Towing Vessel Inspection Rulemaking Fiasco. NMA letter to Editor of WJ. Failure of the USCG to publish the NPRM
on towing vessel inspection in a timely manner is one of many similar failures. +USCG response. +NMA rebuttal. What has
gone wrong with the entire USCG rulemaking process. Regulatory mismanagement.
15. (75.5E) Fatasstic New Stability Regulations. Assumed average weight per passenger will become 185 lbs. following the Lady D.
accident investigation. Docket #USCG-2007-0030. NTSB Report #MAR-06-01. Also see related articles in NL#38, 40 & 43.
15. (75.16Q) Tugboat Operator Indicted for Criminally Negligent Homicide. By Judy Frank, Chatanoogan.com. Allegations
resulting from collision with recreational vessel. Lookout. NMA Reports #R-207, Rev. 1; #R-207-A; #R-207-B; #204-C, Rev.6.
15. (75.29A) Survivors Gather for 50th. Anniversary of one of the Coast Guard’s Greatest Sea Tragedies. By Erica Weisensee.
Forwarded by BMCM Paul Driscoll (USCG, Ret.) Story of 7 USCG rescuer-fatalities at Columbia River bar Jan. 9, 1961.
18. (75.23X) MTVA Report. By Capt. Jordan May, Co-Director, MTVA. Some of today’s regulatory issues are the result void of
active mariner input and policy developed without regard for the recommendations of people doing this job for 30-40 years.
19. (75.24Y) Cajun Wisdom. Humor.
19. (75.22W) Pilothouse Motion Detectors (w/ photos). Opinion. 33 CFR §83.05. Lookout. NMA Reports #R-207, Rev. 1; #R207-A; #R-207-B. NL#74, p.10
20. (75.20U) Bouchard Fined $4 Million for 2003 Oil Spill and Explosion. Workboat. 50,000 barrel gasoline discharge into Arthur
Kills, Staten Island, NY following 2003 barge explosion and 2 fatalities. NMA President Joe Dady not permitted to display DVD
showing the explosion at TSAC meeting.
20. (75.33Q) NMA Asks Commandant to Restore Exam Q&A Database on Internet. NMA Letter to USCG Commandant with
documentation.
21. (75.11K) Homeland Security Not Impressed With Major Coast Guard Plan. Inspector General. Marine Safety Performance
Plan 2009-2014. NMA Report #R-401-H, Rev. 1.
21. (75.10J) Engineer Fined $5,000 for Falsifying Records. False statements. 18 USC §1001. False oil record book entries. NMA
Report #R-234, Rev. 2. Company fined $1.75M + $350K community service. Engineer fined $5,000.
21 (75.21V) Warnings Concerning Your Phone. By Capt. Chuck Marks. Useful personal info. “112” cell phone feature to call
police. Don’t call area codes 809, 284, or 876 – scams..
22. (75.8H) U.K. Clarifies ECDIS Training Requirements. ECDIS ship specific equipment training required in U.K.
23. (75.13M) Coast Guard Safety Alerts – Read them! By Joel Milton, Workboat. With an example.
23. (75.14N) Coast Guard Safety Alert – Air Receivers.
24. (75.26F) End of Color Coded Terror Warnings. Threat levels were color coded.
24. (75.25Z) The Coast Guard Did It To Our Mariners Just Because They Could. Capt. Murray Rogers. NMA Reports #R-204, Rev
4, Chapter 13; #R-429-P, Rev. 1; #R-429-X, Rev. 1.
NMA Newsletter #74 – December 2010
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1. (74.1A) Recollections and Suggestions From a Towboat Engineer. Towboat Engineer Speaks Out. Overwork. Undermanning.
Fatigue. Greed. Industry cannot be left to supervise itself.
3. (74.8H) Towing Vessel “Bridging Program.” By Richard A. Block. Update. Be alert to all existing regulations governing
towing vessels. Booklet: USCG Requirements for Uninspected vessels, Change 1, March 2009 issued by USCG. NMA Report
#R-276-C. (Note: This booklet is out-of-print but can be downloaded from on USCG homeport website.)
5. (NL#74, p.5) Towing Vessel “Bridging” Program. USCG Pamphlet. Frequently Asked Questions. FAQ. Transition from
uninspected vessels. NMA Report #R-276-C.
7. (NL#74, p. 7) Towing Vessel National Center of Expertise. USCG pamphlet. Contact and customer service rep. information.
Graphic illustration of USCG Sector Commands, names and area & district boundaries.
9. (74.2B) Pacific Maritime Expo. By Capt. Jordan May, President MTVA. Visit to boat show. MTVA had a booth. Onboard
training. BRATT and MTVA training tug. (NL#70, p.1). Industry mariners lost support on Congressional maritime committees
as a result of recent election. Loss of Rep. James Oberstar.
10. (74.14N) Should Motion Sensors Replace Lookouts in the Pilothouse??? Motion Detectors vs Lookouts. Lookout training.
Mechanical solutions to personnel problems. The case for trained lookouts. NMA Reports #R-207, Rev. 1; #R-207-A; #R-207B; #R-204-C, Rev.6; #R-275, Rev. 3.
11. (74.9I) New Official Logbook Entries are a Victory for our Mariners. Official Logbook Entries. This is the first step in
eliminating work-hour abuse of mariners. New 46 USC §11304. Expands use of Official Logbooks to all inspected vessels.
Complete review of entries now required. GCMA Logbook Resolution at (NL#3B, Item B3-11)
13. (74.15P) Pushing Dangerous Cargoes. Anhydrous Ammonia. Towing vessels handling dangerous cargoes should be crewed by
the most experienced people in the industry but this is not always the case. The steersman program is not working properly.
14. (74.10J) Engineers & Deckhands: Take Note of This T-Boat Oil Spill. By Washington Dept. of Ecology. Costly T-Boat Oil Spill.
Internal transfer between two on-board tanks. Failed to complete pre-transfer check.
15. (74.11K) “Immediately” Means Now! USCG Marine Casualty Reporting Regulation By Frederick B. Goldsmith, Esq. (Pix).
Discussion of What to Report, When, How, and to Whom. Explanation of accident reporting regulations. +NMA comments. 46
CFR Part 4.
16. (74.3C) Coast Guard’s Accident Reporting Website is Less Than Useless. Opinion. Examples. Requirements for reporting
appear in 46 USC §6101(h)(1). Coast Guard Investigation and Casualty Analysis Branch.
17. (74.16Q) More Toys for the Boys. Source: KOMO-TV Staff. USCG uses “flash-bang” projectiles to get attention of offending
mariners.
18. (74.12L) Distracted Operations. By Kenneth W. Olsen, USCG Civ. Use of cell phones and other wireless devices unrelated to
the operation at hand could impede the exchange of vital operational info, degrade performance, slow response times, and
increase attention lapses.
18. (74.4D) New and Revised NMA Reports
18. (74.6F) Investigating the Coast Guard’s Administrative Law Judge System. By Randy O’Neill, Marne News. NMA Report #R204-C, Rev. 6. Background to the ALJ Massey and the Capt. Murray Rogers case.
20. (74.6F) Capt. Murray Rogers Condemns the Coast Guard’s ALJ System. ALJ System Remains in Spotlight. NMA Reports #R204, Rev 4, Chapter 13; #R-429-P, Rev. 1; #R-429-X, Rev. 1.
23. (74.5E) Louisiana Vessel Company to Pay $2.1 Million in Pollution Penalties. Offshore Vessels, LLC (OSV) fined for knowingly
discharging waste oil from one of its vessels.
24. (74.7G) DoJ Files Civil Lawsuit Over Deepwater Horizon Oil Spill. Our file #M-831. Drilling Rig Transocean Deepwater
Horizon blowout & Sinking 52 Mi. South of Venice, LA with 11 Fatalities, Apr. 20, 2010.
25. (74.13M) 2003 Buzzards Bay Spill Costs Bouchard $6 Million More. M/V Evening Tide, Our file #M-417. Oil spill involving
Tug Evening Tide tank barge Bouchard 120 in Buzzards Bay, MA on or about April 27, 2003.
NMA Newsletter #73 – October 2010
1. (73.4D) Towboat Accident Closes Port of Houston for Four Days. M/V Safety Quest. (Note: The USCG never responded to our
FOIA for this accident report. Unfortunately, this happened on many occasions.)
2. (73.2B) Coast Guard Authorization Act of 2010. This article covers of all aspects of this legislation of concern to our limitedtonnage mariners. This legislation makes all of NMA’s efforts with Congress worthwhile. The Logbooks. New provision 46
USC§11304. Original GCMA Logbook Resolution at (NL#3B, Item 3B-11). Whistleblower protection for mariners. 46 USC
§2114 amended. NMA Report #R-370-D, Rev. 7. Sea Service letters for Mariners. 46 USC §7702 amended. Closing the “Long
Loophole”, 46 USC §8905(b) eliminated. Ordered USCG to improve seamen’s shoreside access in §621 of the Act. Ordered
USCG to finish a NPRM for towing vessel inspection no later than Dec. 15, 2010 (it didn’t appear until Aug. 11, 2011) and a
Final Rule NLT Oct 15, 2011 (still not complete in Dec. 2015). USCG to approve only survival craft that keep survivors out of
the water (i.e., eliminating life floats). Renew advisory committee charters. Civil penalty of $5,000 for simple possession by any
person on a U.S.-flag vessel. Straighten out the credentialing mess. 46 USC 7502 amended to require employers to provide
records of sea service to USCG and to mariners. $5,000 civil penalty.
6. (73.3C) Congress Makes Changes in the Coast Guard Marine Safety Program. Marine Safety is only one of eleven USCG
missions. USCG avoided recommending to inspect towing vessels. Congress ordered it in 2004 because of accidents and poor
safety record. USCG “investigations” program failures noted by DHS. USCG “inspections” program failures noted by VADM
Card (USCG, Ret’d) in 2008. USCG to hire new inspectors to handle towing vessel inspection workload. NMA comments.
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Congress “modernizes” marine safety program in 2010. New 2010 legislation.
10. (73.5E) Congressman Cummings: Authorization Will Improve Coast Guard Acquisition. News Release. Acquisition of new
USCG assets was a recurring problem that new legislation is supposed to improve. One problem was USCG failure to convert
110 ft. patrol craft into 123 ft. patrol boats. Upgrading by Bollinger Shipyards was unsuccessful. Lawsuits.
11. (73.6F) No Funding for Student Loan Program. Congressman Cumming’s program to finance maritime training was dropped
from legislation. Background of previous GCMA $4M grant from DoL for Bridge Resource Management & Firefighting
mentioned. Background of problem that Master of Towing Vessels license will not be recognized outside U.S. will lead to
problems and increased training costs for towing vessel officers on international voyages. Cummings recognized these problems.
NMA Report #R-203-A.
12. (73.7G) Potable Water Update. NMA letter providing basic information to supervisor of USCG Towing Vessel National Center
of Expertise since most complaints we receive concern the poor quality of potable water on towing vessels and OSVs. Refer to
NMA Reports #R-395, Rev. 4; #R-395-B. Our file # GCM-44.
13. (73.8H). Hey Joe, It’s time to go!!! By Richard A. Block. Suggestion that Chief ALJ Joseph Ingolia resign from the bench.
(72.20R) Update on the Coast Guard “Injustice” Handbook, NMA Report #R-204, Rev. 4. NMA active cases Rogers, Shine.
(77.8H) align clear intent of Congress on 46 USC §7704(b) with existing USCG regulations. Report #DHS-OIG-10-107.
15. (73.2B) USCG Recognition of Foreign STCW Certificates. By Tony Munoz, MarEx. Foreign officers work on certain US-flag
vessels (OSVs) overseas pursuant to 46 USC §8103(b)(3) & (c). Are U.S. maritime jobs at risk. The issue at hand. NMA
comments. OMSA.
16. (73.1A) New and Revised NMA Reports
NMA Newsletter #72 – August - September 2010
1. (72.9G) Fall 2010 TSAC Meeting. By Richard A. Block. Meeting at Pittsburgh. TSAC is a “Statutory” advisory committee.
UTV Elizabeth M. accident report, overloaded tow, presented by USCG CG-545. Refer to NMA Report #R-340-A. TSAC
rewriting TOARs. Refer to NMA Reports #R-287-A; #R-287-B; #R-297-C for latest (2015) editions. Recreational boating
interface. Barge lighting. “ NMA Report #R-276-C. Bridging” program briefing. Briefing on Suspension & Revocation
National Center of Expertise at the NMC. Marine Safety Manual, Vol. 5, Investigations and Enforcement. NMA public comments
on a number of topics.
3. (72.22Q) Lawn Mower for Sale Humor, with picture.
4. (72.6Y) Warning – Keep Your Eye on STCW. By Capt. Joe Dady, President, NMA. The 2010 “Manila Amendments.”
5. (72.8P) USCG Says: Cherry Picking is not an Option Source: MarPro.com. Compliance with all of the STCW amendments is a
requirement not an option. U.S. has fulfilled her obligations in the past and will continue to do so. Copy of Rep. Jeff Lantz Letter
to MarPro. NMA continues our opposition to STCW. Refer to (69.32B).
7. (72.11K) New and Revised NMA Reports.
7. (72.5E) Executive Summary: Shortcomings in Marine Safety Investigations. Refer to NMA Report #R-429, Rev. 1.
8. (72.20R) DHS Inspector General Reports on ALJ Reforms. Refer to NMA Report #R-429-V. Our report to Congress about DHS
“recommendations to improve the USCG system for adjudicating S&R matters.
9. (72.19T) Executive Summary – Outer Continental Shelf Activities. OCS. Refer to NMA Report #R-223, Rev. 1. 33 CFR
Subchapter N; Docket #USCG-1998-3868. This rulemaking, could have brought meaningful safety regulations to protect
mariners working on the OCS was put on a back burner for over 10 years by senior Coast Guard officials and sabotaged by the
offshore oil industry. USCG shares jurisdiction over the OCS with other federal agencies. Deepwater Horizon disaster brought
changes in how these agencies function. Background. MMS. BOEM. BSEE.
10. (72.10P) Do You Think That OSHA Protects You in Your Workplace? Continuation of (72.19T) above.
11. (72.14A) Ducking for Cover. By Capt. Joel Milton, Workboat. Duck (DUKW) boat accident. Maintaining a proper lookout.
Manning. NMA Reports #R-207, Rev. 1; #R-207-A; #R-207-B.
11. (72.15X) “Duck Boats” Are Unsafe. By Nicholas Gorenstein, Philadelphia Inquirer. Opinion. DUKW. +NMA comments.
(71.8H). (71.26A). (81.8H). (79.3C). (78.11K). (76.10J).
12. (72.1A) Stepping on Toes. Opinion. By a seaman’s wife. Pencil pushers are educated men who don’t seem to understand or
care about the important role played by a good Captain.
13. (72.21X) Coast Guard Looks into Barracuda Bite Incident. By Adam Linhardt, Florida Keys News. Small passenger vessel.
Chumming illegal in a sanctuary preservation area. Don’t Feed the Barracuda. Injury and reconstructive surgery. Our File
#M-838.
13. (72.2B) Sleep Deprived in the Wheelhouse? By Pamela Glass, Workboat. Rest. Fatigue. Northwestern University
Anchor/Sleep Nap Study funded by AWO. NMA Reports #R-401-D; #R-370 series with emphasis on #R-370-G.
14. (72.3C) Status Report on Towing Vessel Inspection Rulemaking. By Carlo Salzano, WJ. NPRM on towing vessel inspection
was released.
14. (72.4D) Three Mariners Report Carbon Monoxide Poisoning. CO. Response to our letter to RADM Kevin Cook. (71.3C). NMA
Reports #R-202-B & #R-202-C. TVNCOE instruction contains warning about leaking exhaust systems.
15. (72.13N) DRD Towing Pleads Guilty. Compilation of press reports. M/V Mel Oliver – Tintomina accident & oil spill in New
Orleans. NMA Reports #R-429, Rev. 2; #R-370, Rev. 4. Our file #M-788. Ronald Dantin pleads guilty to obstruction of justice.
Unqualified and overworked crews. Fatigue.
16. (72.17H) Oil Spill Impact. Apostleship of the Sea. Deepwater Horizon. Summary of Workboat Magazine’s Webinar on the
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Economic Impacts of the Gulf Oil Spill on Workboat Markets. (82.26B). (77.15P). (77.19T). (74.7G). (72.19T). Our file #M-831.
16. (72.7M) NOAA Enforcement Agent Transferred to Washington Job. By Richard Gaines. Northeast Fishing Enforcement
Scandal involving USCG ALJs. Inspector General probe. Misuse of federal funds. Excessive fines and civil penalties. Misdeeds
of NOAA law enforcement. (79.5E). Refer to NMA Reports #R-204, Rev.4.; #R-429-O; #R-429-S; #R-429-W.
17. (72.16Q) New Print-it-Yourself License-Like Certificate. Printable certificate offered in place of traditional officers license.
Laughable.
18. (72.12W) Trico Bankrupt Again. Internet article. +NMA Comments. (NL#27, p.14). (NL#24, p.15). (NL#12, p.3). Trico was a
NMA “Brownlisted” company.
19. (72.18U). What’s in a Name? By Richard A. Block. Comments made at TSAC meeting. Coast Guard reorganizations are
confusing to civilians that must deal with them. Compartmentalization and fragmentation of the prevention program.
20. (72.23E). Tidbits Bayonne (NJ) bridge to be raised to provide greater port access. Drilling moratorium job losses. Telephone
area code access scam. Problems with fire from CFL light ballasts from China.
21. (72.24B) Executive Summary – Report to Congress – Providing Safe Potable Water for Merchant Vessels. Refer to NMA report
#R-395, Rev. 4.
NMA Newsletter #71 – July 2010
1. (71.7G) BP: The Quiet Rage That May Become the Perfect Storm. By David Gewirtz. Commentary on Deepwater Horizon
disaster. We expected them to have a clue how to do their jobs. +NMA comments.
2. (71.2B) Coast Guard Leadership Reveals Its Ignorance of History. Deepwater Horizon wasn’t the first blowout the USCG
experienced. Santa Barbara 1969. Ended the “continued success” of the USCG’s marine environmental protection mission.
Pathetic oil spill response plans. +NMA comments.
4. (71.20U) Gulf Oil Catastrophe Statistics to July 11, 2010 – And More. National Incident Command Statistics. Irregularities
mentioned by Rep. Edward J. Markey (D-MA). Inspector General Faults MMS. IRS. Taxes. Claims. Poison Control Centers.
6. (71.1A) Rights of Seamen and Their Families. Gordon, Elias & Seely, LLP, Houston, Tx. Movement to amend Death on the
High Seas Act (DOHSA) to require a vessel owner to always include all available insurance in the limitation fund amount
available to injured or killed seamen. Deepwater Horizon.
7. (71.5E). Union Voice Can Help Prevent Future Gulf Oil Disasters. By Mike Hall, Houston Chronicle. Interview with Dean
Corgey, SIU. We should look for ways to change how business is conducted in the Gulf of Mexico. Refer to NMA Report #R-350,
Rev. 7. (70.3C). Deepwater Horizo.n
8. (71.8H) NTSB Update on Fatal Duck Tour Boat Collision in Philadelphia. Fatal Duck Boat/Tug Collision. DUKW 34 & tug
M/V Caribbean Sea and barge The Resource. Our file #M-836. Previous DUKW accidents. “Miss Majestic” accident. “Lady
Duck” accident in Canada.
8. (71.26A) Picture on DUKW Accident
10. (71.6F) New and Revised NMA Reports
11. (71.21S) Ethics or Just More Propaganda? By Paul Driscoll, NMA Director. A direct link between poorly performing rescue and
survival gear and the resulting high loss of life. USCG Office of Marine Safety has, by its actions, exhibited an agenda and a set
of priorities not in line with objective of protecting and saving lives. Ethics or Propaganda? Refer to NMA Report #R-354-C.
12. (71.3C) Three Mariners Report Carbon Monoxide Poisoning. Window air conditioner sucks up exhaust fumes. Symptoms.
Request addressed to USCG to influence towing vessel inspection NPRM. Article by Larry Pearson, Shipbuilding News: OSHA
fines Halter shipyard $1.3M in fatal tugboat explosion.
14. (71.10J) Lack of Progress on Fatigue and Hours of Rest Programs. IMO. STCW amendments on hours of rest. NTSB Safety
Recommendation 99-1 to USCG is one of the most wanted safety improvements. CEMS. HOS. Refer to NMA Reports #R-200;
#R-201; #R-276-K, Rev. 4; #R-310; #R-322; #R-370, Rev. 4 and other articles in the #R-370 series.
15. (71.9D) DRD Towing Company and Owner Charged With Obstructing Justice in 2007 Mississippi River Oil Spill. Randall
Dantin. M/V Mel Oliver, Tintomara collision case. By Jen DeGregorio, New Orleans Times-Picayune. Inspector testifies about
violations by DRD Towing Co. AWO. RCP. Our file M-788.
17. (71.23A) Hawsepipers: Why There are Needed Now More Than Ever. MTVA. USMM is greatly diminished without a large
percentage of hawsepipers to ensure that educated technicians from the academies with little practical experience do not have to
learn everything the hard way increasing damage, accidents and personal injuries.
17. (71.16Q) Coast Guard to Restrict Access to Mariner Exam Q&A Database. Mariners Lose Access Exam Questions on July 12,
2010. USCG Capt David Stalfort, Commanding Officer, NMC was responsible. NMA Report #R-428-K, Rev. 8.
18. (71.18S) Book Review – “Rivers of Life – and Death.” By William T. Harper. Book review.
19. (71.15P) NMA Questions Prison Work Release Programs and TWIC Requirements. NMA Letter to RADM Mary Landry,
USCG. Deckhands from prison work-release programs. Legality. Security issues. USCG response by Capt. J.S. Paradis,
USCGs. Refer to NMA Reports #R-428-D & #R-428-D, Rev. 1.
20. (71.14N) American Businesses Kill 14 Workers Every Day. By Tom O’Connor, National Council for Occupational Safety &
Health. Workplace Protection. OSHA budget for enforcement is pitifully small. Deregulation. Whistleblower protection is
ineffective.
21. (71.19T) Knives. By Capt. Joel Milton, Workboat. Mariners are being stripped of one of their most useful and traditional tools
in the name of safety.
22. (71.13M) Railroad Begins Work on Replacing Burlington (Iowa) Railway Bridge. Trains Magazine. (NL#9, P.10)
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22. (71.12L) Watertight Doors: Close Them and Dog Them. USCG Safety Alert #04-10. +NMA comments.
23. (71.4D) Identifying Jones Act Claims. By Lee J. Bloomfield, Esq. NMA Report #R-344-B.
25. (71.11K) Don’t Leave Ports Without These Terms in Your Vessel Charter. By Frederick Goldsmith, Esq. Chartering
Terminology and advice.
26. (71.22W) Foreign Vessels Operating in U.S. Exclusive Economic Zones. OMSA testimony by Ken Wells, Government
enforcement agencies lack the tools to adequately track these vessels or hold them to compliance. US-flag vessels placed at a
disadvantage
NMA Newsletter #70 – May-June 2010
1. (70.9L) BRatt Training Tug. Robert Allan, Ltd. Western Maritime Institute. British Columbia, Canada. Picture of 7.8 meter,
450 hp z-drive training tug. Training for towing vessel personnel on z-drive tug. Electric version under development. MTVA.
2. (70.6H) Report on the International Tug and Salvage Convention. By Capt. Jordan May, Co-Director of MTVA. International
Tug & Salvage Convention (ITS) in Vancouver, BC. Ron Burchett, developer of the BRatt Training Tug. Jordan May operated
the tug. Training and recruitment of new mariners. Launch of the International Tugmasters Association (ITA) at the convention.
3. (70.3C) President Obama Responds Angrily to Oil Spill Crisis. By Erica Werner, AP, et al.. Oil executives finger pointing and
shifting blame during Congressional hearings on Deepwater Horizon disaster. Cozy relationship between companies and the
federal government.
3. (70.1A) NMA Letter to President Obama. By Richard A. Block. Gulf of Mexico Oil Spill and stalled safety initiatives on the
OCS. Unregulated hazardous working conditions on the OCS. Enclosures: NMA Reports #R-429-M, Rev.1; #R-429A, Rev. 1;
#R-429-B, Rev. 1. Docket #USCG-1998-3868, 64 FR 68415-68505, Dec. 7, 1999. 33 CFR Subchapter N has not kept up with
changing offshore technology or safety problems. Existing regulations are inadequate. 33 CFR Part 142 applies to our
mariners. Industry sabotaged new regulations USCG developed. Jim Magill. Unfulfilled promise by Congress to mariners dates
back to the OSH Act of 1970. USCG enforces few if any OSHA regulations. Refer to NMA Report #R-202-E.
8. (70.16J) Enforcement of Worker Safety Laws for Gulf Oil Spill Clean-up. By Mary Kerr. Congress writes to EPA to enforce
worker safety laws Rep. James Oberstar. Rep. Jerry Nadler. Reminder that the federal government failed to protect first
responders, workers etc. following 9/11. Must not allow that to happen as a result of the Deepwater Horizon oil spill.
8. (70.2B) Require Not Encourage – A Message About Regulations. Editorial, Anniston (AL) Star. Response to Deepwater
Horizon required a federal plan, and one would assume federal authorities would make sure it was carried out. +NMA
comments.
9. (70.7J) What Happens to Me if I am Injured on the Job? Refer to NMA Reports #R-429-M, Rev. 1; #R-350-Y, Rev. 1. How bad
is the situation? Experiences of Arnold & Itkin, LLP (Houston, Tx.) in about 3 dozen cases.
14. (70.5G) Oil Spill Claims Deadline Warning. By Kurt Arnold, Esq & Jason Itkin, Esq. Deepwater Horizon oil spill claims
deadline
14. (70.15W) Seafarer Rights – Hours of Service. Lloyds List article. Fatigue. Manning. Sanctioned minimum manning levels on
many ships are inadequate to perform the work required. Refer to NMA Report #R-279, Rev. 8.
15. (70.18C) Warm Weather Means Extra Vigilance. By Tim Akpinar, Esq., Workboat. Commercial mariners can expect stricter
treatment than recreational boaters.
15. (70.8K) Changes to Inland Rules of the Road. By Richard A. Block. Editor of RB-169, Navigation Rules for International and
Inland Waters including the Great Lakes and western Rivers. Publisher: MET. In 2004 Congress took steps to turn over the
authority to promulgate new inland rules and annexes to the DHS Secretary. Removed from USC in 2010 and added to the CFR.
33 CFR Parts 80-89. Full background info.
17. (70.10M) TSAC to Discuss Elizabeth M Accident. USCG agrees with NMA that this accident is a valuable topic for discussion
at TSAC meeting in Pittsburgh. (72.9G). NMA Reports #R-340-A; #r-390-A.
17. (70.13Q) My License Renewal Nightmare at the National Maritime Center. By Glenn L. Pigott. NVIC 04-08.
18. (70.17V) “Seized.” By Capt. Max Hardberger. NMA book recommendation.
18. (70.11N) NMA Continues to Follow T-Boat Theft in Key West. By Dennis Reeves Cooper, KWTN. Robert Krutko. Full
background in NMA Report #R-456, Rev. 1. Article by Sean Kinney, Florida Keys Keynoter included. (Note: This case continued
to evolve with the first related trial scheduled for February 2016 in Columbus, OH.)
20. (70.4D) New and Revised NMA Reports
20. (70.14P) Two Opinions About the Gulf Oil Spill. The oil drilling moratorium and its aftermath. What is being done to shut off
the flow of oil from the damaged well? Comments by two mariners.
21. (70.19X) Health Care Bill Means Security for Americans. Seafarers Log, SIU. Health Care and Education Reconciliation Act of
2010. Obamacare. Spread of misinformation. Eliminates denial of health insurance for those with pre-existing conditions.
Prohibits dropping insurance coverage when individuals become sick. Creates independent appeals process where consumers
can appeal decisions of health care providers. Wellness fund.
22. (70.12P) Tidbits. Several miscellaneous news items as follows: Change of Command: Admiral Allen retires as Admiral Papp
takes helm of USCG. Treatment of commercial fishermen and fisheries enforcement program. NOAA uses USCG ALJs as
reported in NMA Report #R-204, Rev. 4, Chapter 23. Federal Judge clears Ingram Barge Co. in Hurricane Katrina related
barge accident that flooded New Orleans lower ninth ward. Inspector General slams MMS inspectors links with industry.
(72.19T). Halter fined $1.3M (71.3C). Falsified TWIC card. Deepwater Horizon cleanup where BP used dispersant in
unprecedented quantities. Safety alert regarding fire hazard from chlorine tablets used in certain types of .MSD.
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NMA Newsletter #69 – April 2010
1. (69.PIX) Barge under 14th Street Bridge in Washington, DC. Photograph. Potomac River floods.
1. (69.19U) Industry Hiring Practices Discriminate Against Hawsepipers. By Captain Joe Dady, NMA President. Killing the
hawsepiper tradition will have serious consequences for the towing industry. Conflicts between mariners who have come up via
the hawsepipe and academy cadets. Profound lack of recognition by industry and USCG of important experience and skills
gained from working as a deckhand or mate. Provide time and space for observation aboard towing vessels.
3. (69.9J) Another ACL Towboat Deckhand Falls Overboard and is Crushed to Death. By Nelson Wolff, Esq. Death of Brian
Edwin Messinger, Jr. Slip and fall into water from icy deck on barge into icy water between lock wall and barge. Inadequate
crew training.
4. (69.23V) Sunken Towboat Raised; Investigation Continues. WJ. Our file #M-830. Towboat Cerredo sinks, Ohio River, Mar.
24, 2010 with one Fatality. Aquarius Marine. Refer to Docket #USCG-2004-19977-129. Letter by Rep. James Oberstar to Adm.
Collins.
4. (69.11L) Coast Guard Backs Off on Some Medical Evaluations. By John Shoulberg, WJ. Appeal on Body Mass Index (BMI)
problems where a USCG program was improperly applied to merchant mariners. Problems with the appeals process. Problems
with the “Medical NVIC.” Sleep Apnea, NMA Report #R-440-C. NTSB recommendations are a part of the problem. NMA
Report #R-428-I, Rev. 2. +NMA comments.
6. (69.26A) G.I. Bill Authorized for Three Mate Training Programs. Source: IOMM&P. G.I. Bill for Mate Training
6. (69.17Y) Connecting the Medical Dots. By Richard A. Block. NMA letter to the Editor, WJ on (69.11L). Shows failure of Capt.
Arthur French, MD, USCG, at NMC in estimating work of NMC medical section when planning to handle mariners’ medical
conditions and files led to the problem that caused the crisis in handling license applications, renewals, and medical waivers that
almost shut down licensing functions.
7. (69.12M). National Maritime Center Program Needs Tweaking. By Jack Simpson, WJ Editorial. USCG doctors rejected
findings of medical reports provided by physicians hired by applicants. No justice in having a general practitioner pass judgment
on work of an experienced cardiologist or neurosurgeon. (Note: Ultimately, the USCG established an advisory committee
(MEDMAC) to handle professional medical issues.)
8. (69.20R) Coast Guard Needs Help With Licensing. Workboat. Letter by Chief Engineer John C. Bergstrom. +NMA Comments.
8. (69.5E) NMA Position on STCW Implementation in U.S. Domestic Waters. NMA insistence that STCW be discussed in TSAC
meeting became a frontal assault on the entire STCW package. Further implementation of STCW in U.S. domestic waters would
destroy the domestic marine industry. NMA made position clear to MERPAC chairman Capt. Andrew McGovern. Letter to
McGovern addresses only vessels under 1600 GRT operating in domestic waters within the EEZ and not in foreign trade. Docket
#USCG-2004-17914. Limited-tonnage mariners were never adequately consulted about STCW from 1993 forward. Complaint
directed to Mayte Medina, DFO, MERPAC.
10. (69.32B) NMA Opposition to STCW ’95 Implementation. By V.J. Gianelloni III, Esq. NMA Director. 1995 Amendments to
STCW should have been submitted to the U.S. Senate for ratification. NMA Report #R-206-A, Rev. 1.
10. (69.21J) OMSA Says Offshore Jobs Should Go to Americans. OMSA Press Release. Foreign vessels are working offshore
taking jobs away from American mariners and work away from American companies. DHS is reviewing its interpretations of the
Jones Act. DHS needs to reverse this trend. Foreign vessels are not built in U.S. shipyards, generally do not hire Americans, are
subject to less rigorous security scrutiny, and do not pay taxes on profits made in America. NMA Reports #R-279, Rev. 8 & #R370, Rev. 4.
11. (69.29Y) Digital Selective Calling (DSC). USCG Marine Safety Alert 02-10. Automatic switching to channel 16 needs to be
disabled. Technical issue,
11. (69.28H) Rule 5 – Maintaining a Proper Lookout. M/V Potomac collision with recreational vessel Emanon V, at Wilson Lake,
Tennessee River. Full report in NMA Report #R-207-B. USCG ALJ Bruce T. Smith.
12. (69.15R) Report on Canadian Ferry Sinking M/V Queen of the North. 8889-ton, 409-ft. ferry. Carrying 22 vehicles. Criminal
negligence. TSB Canada report #M06W005. Operated on controversial two-watch system. 2 fatalities. Our File #M-344.
13. (69.13N) Towing Safety Advisory Committee (TSAC) Spring Meeting Highlights. STCW implementation. Inadequate barge
lighting. Career path closed between Master of Towing Vessels 1600 GRT and Inland Mate AGT. Assistance Towing. License
issue numbers. Credential appeals and reconsideration.
15. (69.13N) MERPAC Spring Meeting Highlights and More. Implementation of 1995 STCW amendments as proposed will cause
serious disruptions to offshore oil industry, cause problems for academies and close the career path for hawsepipers. STCW
Revisited by Capt. Joel Milton. USCG considering publication of a supplemental NPRM.
16. (69.22A). State Can’t Mandate Towing Vessel Escorts. Source: MarEx. Federal District Court issues permanent injunction to
stop Commonwealth of Massachusetts from enforcing its manning and tug escort requirements (i.e., state laws) on tank vessels
operating in Buzzards Bay. Industry coalition opposed these escort requirements. AWO, CSA, BIMCO & Intertanko.
17. (NL#69, p. 17). Mariner Safety, Health, and Welfare. Refer to NMA Reports #R-350, Rev. 7, Issues “Q”, “U” &”R”; #R-349,
Rev. 2; #R-445, Rev. 1; #R-395, Rev. 4. The role of the USCG. OSHA is supposed to regulate the uninspected vessels like tugs,
towboats & dry cargo barges. They are not effective. Issue “Q” protecting mariner hearing. USCG response. Issue “U” –
protecting mariners from asbestos. Issue “R” – Provide safe and adequate potable water. The USCG never created enforceable
regulations. List of other NMA documentation. Refer to NMA Report #R-202-E which is still an active file that the USCG has
promised to respond to. (Note: The USCG has done little as of Jan. 2016.)
19. (69.18W) Understanding Towing Vessel Stability Requirements. Stability letters apply to a vessel at all times and are
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continuously in effect. This sinking is a classic example of why all officers must understand vessel stability. Our file #M-619.
Sinking of Maritrans tug Valour on or about Jan. 18, 2006 in bad weather off Wilmington, NC. With the loss of 3 lives. LCDR
Charles Barbee, USCG Investigator. (NL#58, pgs 4-8). Practical Stability, MET publisher, stock #BK 002-C21.
20. (69.3C) Interesting Revelation in Towboat-Tankship Collision Hearing. Collision between T/S Eagle Otome, Gull Arrow and tug
Dixie Vengeance Port Arthur, Tx, Jan. 23, 2010 with major Oil Spill. News Summary. Our file #M-825. (NL#67, p.1.)
21. (69.25K) Your Job is in the Global Marketplace. Worldwide shortage of mariners. Prison work-release programs. Issue &
background on OCS manning exemptions for foreign workers. Job Competition. NMA Report #R-334, Rev. 2. Our file #GCM226. USCG has well established process including investigatory criteria for offering citizenship exemptions under OCSLA.
22. (69.7G) Coast Guard Threatens Mariners Career Path With STCW. By Richard A. Block. Opinion. The STCW shoe doesn’t fit
our limited-tonnage mariners.
24. (69.6F) Voting in IMO Proceedings. By V.J. Gianelloni III, Esq., NMA Director. Opinion: Our country has but one vote in IMO
proceedings, but the European Union has many votes. Nations using the Euro have a common economic interest, should be
considered as a single unit, and have only one vote in IMO matters.
24. (69.2B) Stimulus Check. Humor.
25. (69.27P) What Use is a TWIC Card. By David Walwer. TWIC card was refused as an ID for a mariner to renew his Master’s
license at REC Boston.
25. (69.8H) Legislating Prosperity. By Dr. Adam Rogers. Economic common sense.
26. (69.10K) New and Revised NMA Reports.
26. (69.24B) Blank Casualty Form 2692 On-Line. Allows electronic transmission of required marine casualty notifications.
Accident reports. 46 CFR Part 4.
26. (69.16T) U.S. Inland Barge Fleet Shrinks. Statistics +NMA request for Congressional action to recognize the importance of
inspecting and regulating dangerous marine workplaces such as uninspected dry cargo barges and construction barges. Refer to
NMA Report #R-426, Rev. 1.
27. (69.5E) Mariners on Towing Vessels Express Concerns About STCW. By Capt. Bill West; Capt. Joe Dady; Capt. Mike Kiernan
et al. Summary of comments of concern to limited-tonnage mariners submitted to USCG on STCW. Includes cost of compliance.
Medical competency.
31. (69.) Injustice to Mariners includes Commercial Fishermen. Report finds 75% of NOAA Chief’s Files Destroyed. Destruction
during closing phase of a national investigation into widespread claims of miscarriages of justice. (82.7G). (79.5E). (70.12P).
31. (69.30C) O’Bryan Law Center Offers Free T-Shirt & Personal Log. Pictured.
NMA Newsletter #68 – February 2010
1. (68.3C) A Letter from Mary. Wife of deceased Chief Engineer Gary Duncan. NMA is a voice for exploited and abused
mariners. Article presents summary of case. Refer to NMA Reports #R-412, Rev. 1; #R-276-K, Rev. 4 & #R-370-L, Rev. 1.
Hours of Service. Inadequate manning levels. The law provides no work-hour limits for thousands of unlicensed individuals such
as deckhands, tankermen, and engineers on inland towing vessels.
4. (68.4D) STCW – A Major Impact on Licensing and Certification. By Maritime Professional Training, Fort Lauderdale, FL.
STCW Impact on Credentialing. USCG requests comments on proposed final rule. A summary of notable points from the USCG
proposal.
9. (68.9Y) Initial NMA Comments on STCW. By Richard A. Block. Edited from transcript of public meeting held in New Orleans,
Dec. 9, 2009.
10. (68.14J) NMA Comments on STCW Rulemaking. NMA submitted comments to Docket #USCG-2004-17914 in addition to
those given at the public meeting (above). Too much STCW. Refer to NMA Reports #R-428, Rev. 1; #R-401, Rev. 1; #R-429,
Rev. 1;#R-429-M, Rev. 1; #R-279, Rev. 8. Many of these references are contained in letters to Congress.
13. (68.10Q) Ring Buoys, Regulations and Other Maritime Hazards. By Paul Driscoll, NMA Director. Lifesaving: The Public
Betrayed. Abuse by Federal regulators. Refer to NMA Reports #R-354, Rev. 4; #R-354-A; #R-354-C.
18. (68.6W) Jones Act Oilpatch Jobs for our American Seamen. OMSA.
18. (68.2B) New and Revised NMA Reports.
20. (68.13E) Law School Students Represent Mariners. Background by Richard A. Block. Law Students Defend Mariners. A very
effective program. “Settlement Agreement” defined as a “win” for the USCG. Judge Smith’s S&R Hearing by V.J. Gianelloni
III, NMA Director. Being an impartial adjudicator prompted Judge Smith to seek to restore the balance to the scales of justice.
21. (68.19P) NMA Asks TSAC to Review Elizabeth M Accident Report. Lifesaving. Emergency Drills. Hatches, hull openings,
securing gear. Refer to NMA Reports #R-390-A & #R-340-A. Our file #M-523. (72.9G). (72.9G). (70.10M). (57.1A).
22. (68.18R) Two Towing Vessels Sink – One Mariner Dies. M/V Lil Al Cenac. RR bridge closes on pushboat, sinks it. Our file
#M-827. M/V J.R. Nichols Sinks in Houston Navigation Channel Feb. 2010 With One Fatality and Oil Spill. Our file #M-829.
23. (68.16Y) Lessons Learned: Personal Cost of Poor Maintenance and Repair. By USCG. Electrocution. Poor Maintenance = One
Fatality. Two crewmembers’ heads touched a broken lamp fixture that lacked a light bulb, globe, and a guard.
23. (68.11) Two New Coast Guard Centers of Expertise. By Capt. Richard Eberhardt, WJ. USCG establishes new marine casualty
Investigation National Center of Expertise (INCOE) in Martinsburg, WV and Outer Continental Shelf National Center of
Expertise (OCSNCOE) at Morgan City, LA.
25. (68.12V) Fleet Management Fined $10M for Cosco Busan Spill. Oil spill by MS Cosco Busan in San Francisco Bay.
25. (68.15T) Family Sues Over Deadly Coast Guard Accident. USCG-caused boating fatality in San Diego, CA.
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25. (68.17U) NOAA Safir-Simpson Hurricane Wind Scale Improvements. NOAA.
26. (68.20C) Lessons Learned: Improper Assembly of Shaft Seals. USCG + NMA comments. Human error. Unskilled
workmanship.
26. (68.8X) United We Fish. By Richard Gaines, Gloucester Daily Times. Fishermen protest in Washington, DC against NOAA
and USCG. NMA commends Richard Gaines. (85.16R). (82.7G). (79.5E). (72.7M).
28. (68.6C) Repeated Lock Failures Show Waterways Infrastructure Demands Attention. 25% of locks & dams on Ohio River
exceeded their design life. “Fix as fail” approach is flawed.
28. (68.23W) Coast Guard Provides Inadequate Workplace Safety Protection. USCG: We do not prepare our inspectors to enforce
OSHA regulations. Refer to NMA Report #R-202-E. In this report we ask the USCG Marine Safety Directorate to address
outstanding mariner occupational safety and health issues. This is a 360p. compendium of reports covering the period from 1970
to-2014. our petition and public comments appear in Docket #USCG-2014-0014 at www.regulations.gov and remains an active
file awaiting rulemaking. (NL#95, p.3). (83.3C). (70.1A). (NL#69, p.17).
29. (68.5E) Reader Comments – Lookouts. Maintaining a proper lookout applies to engineering personnel.
NMA Newsletter #67 – January 2010
1. (67.12X) Ship and Tow Collide at Port Arthur, Tx. (69.3C) with picture.
1. (67.14Q) Z-Tugs on the Bay . Source: Pacific Maritime. By Captain Jordan May, Co-Director of MTVA. This report was
written by the Master of a z-drive tug.
3. (67.1A) Mariner Safety, Health, and Welfare. (NL#69, p. 17).
6. (67.2B) Ferry Company Charged With Dumping Sewage. M/V Hannah Glover. Massachusetts dinner cruise. Small passenger
vessel. Alleged to have used sewage pump to pump raw sewage overboard.
6. (67.3C) Posting Lookouts. Refer to NMA Report #R-207. Tug pushing barges on James River strikes Navy RHIB engaged in
nighttime training maneuvers. 1 Navy enlisted man fatality.
7. (67.9T) Issue Number Awaiting An Answer. Mariner and company complaint that new merchant mariner credentials (MMC)
were issued without the traditional “Issue #.”
8. (67.6F) “Food Handlers” (FH) on Vessels Served by Limited Tonnage Mariners. NMA Letter to RADM Brian Salerno. Food
Service Sanitation. Docket #USCG-2004-17914 and proposed 46 CFR §12.704. Refer to NMA Reports #R-395, Rev. 4 and #R455, Rev. 6. Article “Tummy Trouble” by Capt. Kelley Sweeney. Source: Pacific Maritime Magazine. Cites SIU training
requirements for galley hands. Recent changes in FH regulations do little to solve problems mentioned in article. In regard to
safe potable water, the USCG opened docket USCG-2006-20062 on July 11, 2005 and solicited input from the public and
thereafter stonewalled the issue.
10. (67.8H) Master of Towing Vessel Association Elects Executive Board. MTVA.
11. (67.10J) Going Overboard: How to Survive. By Capt. Joel Milton, Workboat. MOB.
11. (67.7G) Real Towing Vessel Inspectors Wanted (Maybe). MTVA. Towing vessel inspection program will require the USCG to
hire and train more inspectors.
13. (67.11W) Congressman Oberstar Announces Staff Change for Coast Guard Subcommittee. Mike Rodriguez Joins CG
Subcommittee Staff
13. (67.5E) I Chose to Look the Other Way. Source: Tidewater Marine. Poem. The importance of following safety rules.
13. (67.4D) New and Revised NMA Reports
NMA Newsletter #66 – December 2009
1. (66.5E) Welcome to 2010 – Year of the Seafarer. Includes Picture of E.E. Mitropoulos, Secretary-General, IMO.
2. (66.1A) “Hawsepipers” and the New Rules to Implement STCW. By Richard A. Block. Hawsepipers are the backbone of the
domestic American maritime industry, and a majority of the nation’s credentialed mariners. Industry has no interest in formal
training for engineers to serve on vessels of less than 1600 GRT. (86.13N). (78.22W). (71.23A). (69.19U). (69.13N).
4. (66.2V) Fatigue. ITF. What are the dangers of fatigue? Increased workloads. Maintaining on board records. How can
mariners cope with fatigue. What is the ITF doing?
5. (66.3G) New and Revised NMA Reports.
5. (66.4T) Coast Guard RECs Will Accept MMC Applications by E-Mail. NMC notice.
5. (66.6P) Trends. Miscellaneous articles: NMA requests DHS Secretary to assign a Liaison officer to give us straight answers
about TWIC applications. Cutting crews on some towing vessels in 24 hour service. NMA asks Congress to limit deckhands to
12-hour workdays. Tendency for towing companies to no longer recognize that a separate position for an engineer to exist. Use
deckhands and call them “deckineers.” (Editorial Note: NMA no longer uses the term “lower-level” but replaced it with
“limited-tonnage.”)
7. (-----) Order Form for NMA Reports to Congress. Certain reports in NMA “Index R” are highlighted as reports sent to
Congress. These reports may have been set to one or more individual Members of Congress, to a Subcommittee, a full Committee
or to the Committee staff. Each Congress is in session for 2 years, and reports may have been sent to one or more Congress(es).
We endeavored to keep both the Coast Guard and Congress apprised of the problems facing limited-tonnage mariners and our
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work to address those problems. We encourage mariners and members of the public to download our NMA reports by consulting
our Index “R”.
NMA Newsletter #65 – October-November 2009
1. (65.16P) Mariners Drown When “Justice Capsizes”: The Murray Rogers Case. By Richard A. Block.
1. (65.16P) Photo of former USCG EM Murray Rogers. This 1995 graduation picture of Murray Rogers was taken at completion
of USCG Basic Training at Cape May, NJ. It shows a serious, focused young man about to start his career with the Coast Guard.
Murray served at small boat stations and aboard Coast Guard buoy tenders until he was injured on deck and partially disabled.
After he recovered, he returned to served as a civilian at the Coast Guard Regional Exam Center in New Orleans. After he
recovered, he earned a towing officers’ license and also took the first steps toward becoming a ship’s pilot on the Mississippi
River. His idealism and desire to serve his country in the Coast Guard later changed to disillusionment and disgust following his
treatment by local Coast Guard officials. A great deal of water passed under the bridge since then. Here is a part of his story –
but only part – as followed by the National Mariners Association. Refer to NMA Reports #R-429-P, Rev. 1; #R-429-X, Rev. 1.
7. (65.13C) We Urge Congress to Reform the Coast Guard’s “Justice” System. By Richard A. Block. Refer to NMA Reports #R204, Rev. 4; #R-429-A, Rev. 1; #R-429-B, Rev. 1; #R-429-M, Rev. 1; #R-429-P, Rev. 1; #R-429-X, Rev. 1.
9. (65.11P) Master of Towing Vessels Association Report. Source: MTVA Report.by Capt. Jordan May. May attended
International Tug & Salvage Conference, Vancouver, B.C. Scrutiny of towing vessel logbooks for hours of service and manning
levels requirements are important if towing vessel inspections are to be meaningful.
10. (65.12V) Work/Safety Forum: Safety Tip #2 – Improving Your Visual Acuity. By Paul Driscoll, NMA Director. Lookout.
Work/Safety Forum. Refer to NMA Reports #R-207, Rev. 1; #R-207-A; #R-207-D.
10. (65.1A) New and Revised NMA Reports
12. (65.20N) E-Mail Credential Status Notification. NMC notifies mariners by e-mail as their paperwork is processed and
progresses step by step.
12. (65.5E) H.R.-3619 – Coast Guard Authorization Bill of 2010. Proposed Legislation – HR 3619. The final “Act” is still one year
away. (Note: We assess the final Act will be one of the most important in our history as a mariner advocacy Association. Read
(73.2B).
13. (65.18X) The Truth About Cold Water. By Mario Vittone, USCG. Cold shock response. Article is highly recommended by
NMA Director and lifesaving professional Paul Driscoll.
10. (65.2B) The “Bridging” Program for Towing Vessels. (88.15Q) (85.2B0 (80.10P) (79.10K) (74.8H) (72.9G) (64.14Q). NMA
Report #R-276-C.
17. (65.17H) Fire Pumps on Towing Vessels. By Capt. John R. Sutton, Past President of American Inland Mariners Association
(AIM). Picture. 46 CFR §27.3039A0(1) & (e)(1). Water pressure gauges. Shortcomings of portable fire pumps. +NMA
comments.
18. (65.5K) An Opportunity to Move Forward on Safety, Health and Welfare Issues. 1970 OSH Act. Congress left the enforcement
of occupational safety and health regulations “on the water” to the USCG. Their failure to enforce standards comparable to
those of landside industries has been remarkable. NMA Reports #R-202-B, Rev. 3; #R-301; #R-350, Rev. 7, Issues “Q”, “R”,
“S”, “T”, “U”, “Y”: #R-350-Y, Rev. 1; #R-349, Rev. 2; #R-349-A; #R-445.
19. (65.10T) New NPRM – Bad News for Some Mariners. STCW NPRM. New STCW regulations to apply to mariners who serve
on vessels operating “beyond the boundary lines” defined in 46 CFR Part 7.
20. (65.19C) Corps Failures Blamed on Katrina; Judge Says Channel Was Not Maintained. By Cain Burdeau, AP. Judge Blames
USACE for Levee Failures.
21. (65.4R) No Medical Marijuana Allowed. Does not approve medical marijuana authorized under a state law as a valid medical
explanation for a transportation worker’s positive test result.
21. (65.6T) New “PORTS” System Improves Safety on LMR and Ports of New Orleans, Beaumont and Port Arthur. By Rachel
Wilhelm & Jill Brown. Physical Oceanographic Real-Time System. PORTS.
22. (65.3C) ILO Maritime Labor Convention. By AFL-CIO. Refer to NMA Report s#R-454, #R-454-A.
22. (65.7G) NTSB Recommends Fishing Vessel Inspection. NTSB Recommendations #M-09-9 & M-09-10. NMA Report #R-428,
Rev. 1 and #R-203-E, §801-804.
23. (65.15) New Merchant Mariner Credential Medical Form. CG-719-K, Rev. 01-09. (Note: Always use the latest revision of
USCG forms obtained from the USCG NMC website.)
23. (65.14R) Unapproved EPIRB Battery Replacement. USCG Alert #08-09.
24. (65.8Z) Report Exposes Shipbreaking Horrors. SIU, Seafarers Log. ILO internationally recognized workers rights standards
are blatantly violated on a daily basis. +NMA comments on USCG consistent failure to enforce workplace OSH standards
comparable to those of landside industries. (65.5K.)
NMA Newsletter #64 – August-September 2009
1. (64.20J) Tough Times. By Richard A. Block. 2008 economic downturn. Credentialing. Towing Industry.
2. (64.24R) Marine Safety and the NMA. By Richard A. Block. MERPAC meeting at Martinsburg, WV. “Our mariners” and
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“our issues” defined. Relationships with advisory committees TSAC & MERPAC. Relationship with USCG. NMA Reports #R417, Rev. 1 and #R-417, Rev. 2. NMA Reports #R-428-D; #R-428-I. MERPAC needs to focus more on problems facing a
majority of our mariners rather upon those 20% who hold STCW endorsements.
3. (64.18U) NMC: On an Even Keel and No Excuses. By Joseph Keefe, MarEx. Another view of MERPAC meeting.
4. (64.25A) Performance Failures in Coast Guard “Marine Safety” Mission. By Richard A. Block. DHS Report #OIG-09-13.
Mariner credentialing. Refer to NMA Reports #R-428-I, #R-428-D; #R-428-D, Rev. 1. USCG superintendence over the USMM.
USCG lost touch with the industry and its mariners. Arrogance. Civilianize USCG with mariners who have documented
backgrounds in the marine industry. Investigations & law enforcement. NMA report #R-429-M contains DHS report #OIG-0851. Administrative Law Judge Controversy. NMA Reports #R-204, Rev. 4; #R-429-K; #R-429-Q; #R-429-S; #R-429-W. Report
by Retired Commandant James Card is contained in NMA Report #R-401-E. Workplace Safety. NMA Reports #R-395, Rev. 2;
#R-354, Rev. 4; #R-341, Rev. 3; #R-426, Rev. 1. USCG feathering their own nest comes first.
7. (64.15Z) Where Coast Guard Fails, Unions Draw the Line on Safety. AWO. RCP. NMA urges Congress to extend 12-hour
workday to include all licensed and unlicensed personnel. Hours-of-service abuse. Equal protection for unlicensed personnel
and adequate and unbiased hours-of-service enforcement by USCG. 46 CFR §15.701 & §15.801. NMA Report #R-370-H.
10. (64.23Z) William Harrigan Addresses TSAC. By Bill Harrigan, Pres., Local 333, UMD, ILA. Hours-of-service. Manning.
Abusive one-watch system on towing vessels. Non-response to safety violations by COTP. Tugs working at construction sites.
11. (64.16Q) Deckineers Need Training, Too. The Problem. NVIC 1-91. NVIC 1-95. AWO. PVA. Book: Dark Noon, by Tom
Clavin. The 1949 (M/V) Pelican tragedy. Overloaded with passengers and carrying an untrained deckineer.
13. (64.2Y) Captain Roland Rodney Reports Mutiny en route to Nigeria. By Capt. Roland Rodney, a NMA Director. OSV mutiny
14. (64.17B) In Support of our Mariners Who Serve in the Offshore Oil Industry. Protecting U.S. oilfield jobs. NMA letter to each
member of the House Coast Guard and Maritime Transportation Subcommittee and the Senate Commerce, Science and
transportation Committee. Foreign companies exempted from the Jones Act and are permitted to work under OCSLA. They take
jobs away from American mariners.
15. (64.12P) Three Maritime Unions Zero-in on Credentialing Problems. Unions expose credentialing problems as “licenses”
become “credentials.” USCG unilateral modification of the inadequate USCG medical review process after the 2003 Staten
Island ferry accident . Reports of mariners receiving new credentials stripped of necessary endorsements and waiting months for
USCG corrections.
15. (64.1E) Coast Guard Implements New QMED Exam Without Public Notice. By Chief Engineer V.J. Gianelloni III, NMA
Director.
16. (64.11A) Unintended Consequences of Combining Licenses and Z-Cards Into “Credentials.” Sources: USCG and IOMM&P.
More Credentialing Problems. TWIC card may be useless in some foreign ports.
16. (64.6J) Mariners Losing Work Because of Problems in Coast Guard Medical Review and Credentialing Programs. Sources:
IOMM&P and MEBA. Excessive and egregious delays at the NMC.
17. (64.14U) Coast Guard Resurrects CTVEP in New Towing Vessel “Bridging” Program. CTVEP was a 1990s voluntary towing
vessel examination program that died from lack of funding and foresight.
19. (64.9M) Why I Believe in the National Mariners Association. By Paul Driscoll, NMA Director, President, Life Safer, Inc. and
inventor of the Personal RetrieverTM.
19. (64.26T) New Work/Safety Forum on Our Website. By Paul Driscoll, NMA Director.
21. (64.4R) NTSB Most-Wanted Transportation Safety Improvements: Reduce Accidents and Incidents Caused by Human Fatigue.
NTSB Focus on Human Fatigue. NTSB safety Recommendation M-99-1. Status: Open, Unacceptable response by USCG.
CEMS. NMA Report #R-200.
22. (64.13X) National Mariners Association Code of Ethics. Internal association policies for directors and members. What NMA is
and isn’t.
23. (64.19X) Charter Boats Drug Testing. By USCG office of Investigations and Analysis. 46 CFR Parts 4 & 16. 49 CFR Part 40.
33 CFR Part 95 contains alcohol regulations.
24. (64.3E) New or Revised NMA Reports
24. (64.7P) The Tragedy of TWIC Xenophobia - Dislike of Strangers or Foreigners. By Rev. Rivers Patout, Port Chaplain, Port of
Houston International Seafarers Center.
25. (64.5V) GAO Report Did Little to Quell Controversy Over ALJ Program. GAO Report #09-498. NMA Report #R-429-S.
NMA Report #R-204, Rev. 4. ALJ Jeffie Massey. Discord within USCG ALJ program.
26. (64.8U) Prison Sentence for Cosco Busan Pilot. Our file #M-739, M/S Cosco Busan strikes tower of San Francisco-Oakland Bay
Bridge Nov. 8, 2007.
26. (64.22E) USCG Officers Asleep as F/V Patriot Sinks. By Richard Gaines, Gloucester Times. Our file #M-798, F/V Patriot sinks
15 miles off Gloucester, MA on Jan. 2, 2009 with 2 fatalities. Also refer to NMA Report #R-305, Rev. 1 & NTSB/MAR-99-01.
27. (64.10C) Congress Tackles New Safety Laws for Fishing Fleet. By Hal Bernion, Seattle Times. Safety Proposal for Fishing
Fleet.
28. (64.30C) Consumer Complaint. By Capt. Chuck Marks. 2004 Nissan Titan. NMA member notification. Major repair 1 month
out of warranty.
28. (64.27B) Fishin’ in Loosiana. Humor.
29. (64.29M) Coast Guard Addresses Seafarer Access Issues Eight Years After 9/11. ALCOAST 575/09. Congress addressed
shoreside access in USCG Authorization Act of 2010 in §621 of that Act. (77.2B)
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NMA Newsletter #63 – June July 2009
1. (63.22X) Photo of Congressman Elijah E. Cummings, Chairman, House Coast Guard and Maritime Transportation
Subcommittee.
1. (63.20X) The National Maritime Center and Maritime Credentials. Article on the Congressional Hearing on the NMC, July 9,
2009. Refer to NMA Report #R-428-I.
2. (63.23Z) NMA Mission Statement. By Capt. Joe Dady, President, NMA. Internal document.
3. (63.8M) Towing Industry Hits the Headlines. Towboat Pilot Plan May Have Backfired. By Cain Burdeau, AP. Apprentice
Mate/Steersman program. Federal program to recruit more tugboat pilots allowed thousands of novices to take the helm and
contributed to a 25% increase in accidents on the nation’s rivers. 46 CFR §11.466. +Experience, Safety needed on the Water.
Houma Courier Editorial. +Safe Transport on the Rivers by Paducah Sun. +NMA response. Also refer to NMA Report #R-429M.
6. (63.5J) Our Association’s Problems With Credentialing and the National Maritime Center (NMC). By Richard A. Block. NMA
Reports #R-428-D, & #R-428-D, Rev. 1. Formal complaint against NMC Commanding Officer, Capt. David Stalfort, USCG.
8. (63.11N) Credentialing Has Become a “Cottage Industry.” By Richard A. Block. Personal license consulting services are
established by individual entrepreneurs. Mariners still cannot fill out an application correctly. A concentrated effort must be
made to remove or at least reduce hundreds of minor and meaningless obstacles in the path of our mariners. Trusted agent
program. NMA Report #R-428-I. Cut the red tape. “Reconsideration.” Formal appeal process.
10. (63.4T) MERPAC Recommendations to the National Maritime Center. Extract from minutes of MERPAC meeting held at
Massachusetts Maritime Academy, Apr. 17, 2009. Industry stakeholders need a mariner advocate at the NMC. Concern about
ongoing training of new USCG assessors at the NMC. Concerned that NMC will return “incomplete” files mariners.
Recommend that NMC prioritize applications when a backlog exists. Policy guidance needed on vessels of less than 200 GT on
international voyages. Recommend expedited return of lost or stolen credential. Next MERPAC meeting to be held at the NMC
in Martinsburg, WV.
11. (63.14C) More Fallout Over TWIC and Merchant Mariner Credentials (MMC). Source; IOMM&P. Failure by USCG & TSA to
use a biometric identifier in the TWIC card makes it useless in foreign ports as an identity document. ILO Seafarers Identity
Document Convention. Maritime Labor pointed this out early in the process. Problem of “posting” a TWIC on board ship is a
document theft risk. New MMC eliminated words MMD (Z-Card) and “license” from terminology.
12. (63.16W) NMA Mariners Report TWIC Headaches. 4 examples reported to NMA. 1) Aggressive ignorance by TSA workers at
airports makes travel difficult. 2) Mariners must have TWIC before any applications can be processed. 3) Stolen wallet but
mariner had copy of TWIC. 4) Criminal offenses subject to a waiver.
13. (63.21Q) Pet Fish. Humor.
14. (63.2F) Mariner Poll Redefines Collapse of Confidence in USCG Marine Safety Issues. Methodology, tabulation, discussion and
analysis by V.J. Gianelloni III, NMA Director. NMA Report #R-350, Rev. 4 listed and detailed 25 mariner issues that we
presented to Members of Congress. We asked our mariners to rank these issues in order of importance. Mariner poll survey
results explained.
16. (63.1A) Tugnology Conference Summary. By Capt. Jordan May, MTVA. Attended tug conference held in Holland. 2 MTVA
representatives attended. European stakeholders including tug masters, harbormasters, industry trade groups all worked
together to improve industry without spending money on lobbying and litigation which differs from U.S. towing industry.
Emissions. Training. Simulators. Training tugs. Escort winches. Working lines. Workplace safety. Total tug monitoring.
17. (63.9P) ALJ Allegations. Source: IOMM&P. Allegations at root of controversy over USCG ALJ program remain unanswered
in GAO report. However, GAO did not address serious charges of improper agency influence raised by ALJ Massey because its
authors were not asked to do so. +Highlighting one of NMA comments to GAO. Whitewash.
18. (63.7Y) Administrative Law Judge (ALJ) Issue. By Richard A. Block. Mariners must understand the regulations and also
realize that their career is at risk every time they submit to a drug or alcohol test. NMA Report #R-204, Rev. 4.
19. (63.19J) Man Overboard – Coast Guard Sector New York Clueless. Humor.
19. (63.13U) Teen’s Tubing Death Highlights Safety Concerns. By John DeSantis, Houma Courier. Towboat/ Recreational Boat
Interface. Cathy Hammond, TSAC. +NMA comments supporting USCG Auxiliary, U.S. Power Squadron, and NASBLA public
education courses.
20. (63.3P) Congress Proposes New Maritime Legislation. “Bills” are proposed laws. Refer to (73.2B) Coast Guard Authorization
Act of 2010. HR 2651 Maritime Workforce Development, discussed in this article, failed to obtain Congressional approval. Rep.
Elijah E. Cummings.
21. (63.10B) Possible Medical Review Overhaul. Source: IOMM&P. Proposal to establish a national registry of medical
examiners. Professional proposal backed by major labor unions. (Note: Our Association favored physical exams by a mariner’s
personal physician.)
23. (63.12B) Marine Safety Alert #04-09: EPIRB & PLB Registration. USCG. EPIRB must be registered with NOAA.
24. (63.18V) Deepwater Performance. USCG. “Deepwater” refers to USCG program to update their own equipment. Abysmal
leadership and wasted taxpayer money highlighted. NMA Reports #R-401-C; #R-401-F. Failed attempt to lengthen 110-ft patrol
boats. DHS Report #OIG-07-27. (Note: In 2015 the USCG recovered a small settlement from the contractor but the cost to
taxpayers was staggering.)
24. (63.6F) New and Revised NMA Reports
25. (63.15R) Galveston RR Bridge Project. Project to modify RR bridge at GIWW Mile 357.2 WHL. USACE Public Notice #06-99.
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NMA comments to USCG Bridge Administration regarding FONSI.. By John Upton, Apostleship of the Sea.
26. (63.17A) Prisoners of the Cosco Busan. Crewmembers were held in the U.S. as witnesses not suspects in allision with bridge and
oil spill in San Francisco Bay. Our file #M-739, M/S Cosco Busan strikes tower of San Francisco-Oakland Bay Bridge Nov. 8,
2007.
NMA Newsletter #62 – April-May 2009
Photo of Tankship that struck drilling rig that sank in hurricane. SKS Satilla was en route to Galveston, TX.
(62.30) Photo. M/V Mary Ann – M/V Golden Eagle tow collision at LMR Mile 643 below Helena, AR.
(62.25R) Final Call for Mariner Feedback. By V.J. Gianelloni, NMA Director. For results see (63.2F).
(62.26B) Final Call for Mariner Feedback (Form) full page. By V.J. Gianelloni, NMA Director. (63.2F) (62.25R).
(62.23L) National Mariners Association to Hold Election. First NMA election since 2003. Announces vacancies and encourages
members to fill them.
3. (62.22F) Wedding Announcement. Ray T. Adams, Jr. (son of former NMA Directors Penny & Ray Adams) and Jill Marie
Shelley.
3. (62.20X) USCG and OMSA Sign Memorandum of Understanding. An open dialogue with maritime stakeholders helps achieve
shared goal of safe and secure maritime trade and provides a forum for two-way communications.
4. (62.18C) Report of TSAC Spring 2009 Meeting. Meeting held at Star Center, Dania Beach, FL. TSAC will review NVIC 04-01
and finalize TOARs. Clarify Apprentice Mate/Steersman regulations. NMA Report #R-417-A, Rev. 1. NMA encourages
mariners to maintain a diary. Discussions on assistance towing. Capt. Joe Dady, President of NMA, is an appointed member of
the TSAC committee. NMA does not support the Medical NVIC (NVIC-04-08). Towing and recreational vessel interface.
NTVCOE. Bridging program. CTVEP. Progress on 100/200-ton limitations placed on towing officer licenses. Update briefing
on expansion of AIS by Jorge Arroyo, USCG. Briefing on NMC activities by Captain Stalfort, USCG. Medical NVIC abuses see
NMA Report #R-440-B. Public comment period remarks by NMA members Richard A. Block, Capt. Steve Oravets, and by Capt.
Edie Queen, member of TSAC.
9. (62.29B) Martinsburg, West Virginia, Site of Next MERPAC & TSAC Meetings. USCG announcement.
10. (62.10M) Letter From Capt. J. David Miller. Opinion. NMA Director and Webmaster. Industry treatment of many mariners is
substandard. Remember NMA the next time you are in a jam with the USCG. There is strength in numbers. When NMA acts on
mariner issues we often get positive results.
10. (62.6Y) The Antari Accident – A Case for Adequate Manning. MAIB. Manning. Fatigue. 6&6 watches. Exhausted sailors
working 98 hour weeks, week after week ,often do not have a single full night’s sleep in that time. The cumulative effect is
enormous.
11. (62.15J) Medical & Undermanning Issues. Source: IOMM&P +NMA comments. Grave deficiencies in the medical review
process for USMM credentials. Delays of up to 90 days because of problems with medical review process at NMC. Demands for
multiple medical specialty consultations, lab tests, and numerous evaluations for conditions noted by a physician during a
physical exam. Violations of the 12-hour rule. NMA urges Congress to expand the 12-hour rule to cover all mariners. NMA
demands crackdown on “One-watch” systems. NMA Report #R-370-H.
12. (62.1A) New and Revised NMA Reports
13. (62.2G) Credentials and Endorsements – Kiss Your Old License Goodbye. By Capt. Joel Milton, MTVA Forum. Changes in
terminology comes with new credentials after April 15, 2009.
15. (62.5T) Twicked Off. Finally Some TWIC-related Sanity, By David Krapf, Workboat. Response by Capt. Joe Dady, NMA
President. $132.50 for a useless ID card that does little to increase security or prevent a terrorist attack. Comments on TWIC
from Capt. John R. Sutton, Past President, AIM.
17. (62.12W) TWICs and Credentials. USCG policy. If a mariner is not qualified for a TWIC, USCG will not issue a credential.
Added bureaucracy.
17. (62.17) U.S. Coast Guard Missions and a Guided Tour of Outer Space. Congress assigned the Coast Guard 11 “missions.”
Edited from DHS Report #OIG-09-13. Marine Safety and our merchant mariners are out on Uranus.
18. (62.9P) Coast Guard Safety Alerts. Electronically controlled cargo pump components. Dangers from equipment not approved
for hazardous locations. 46 CFR §111.105-31. Electric shock hazards. Pig-tails. USCG Office of Investigations & Casualty
Analysis.
19. (62.4H) Want to Work for the Coast Guard (Part 3). Our file #GCM-240. (61.22K). (60.7T).
21. (62.16N) NMA asks U.S. Attorney General to Investigate Administrative Law System Abuses. Letter to U.S. Attorney General.
DoJ. Our aim was to redress mariner grievances and further restrain the perpetrators of injustice. NMA Reports #R-204, Rev. 4;
R-429-K; #R-429-Q; #R-436, Rev. 3. Our files #GCM-245; GCM-248.
25. (62.14D) Congress Acts on Pilots’ Complaints. Obstructive bridges. Truman-Hobbs Act. $142M from the American Recovery
and Reinvestment Act. EJ&E bridge at Devine, IL. Mobile Bridge at Hurricane, AL. Burlington RR bridge, Burlington, IA.
Galveston Causeway RR bridge, Galveston, Tx.
25. (62.13A) Simplified Occupational Testing. Humor.
25. (62.8U) Employee Free Choice Act. Legislative Bill.
26. (62.19Y) STCW and Maritime Academy Training. By Joseph Keefe, MarEx. Attended MERPAC meeting. Lack of sea time on
commercial vessels offered to academy students is becoming a problem within the constraints of a four-year academic program.
Changes coming to STCW will profoundly affect future training.
1.
1.
2.
2.
3.
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27. (62.24K) Ballistic Net System Stops Small Boats. New, non-lethal law enforcement weapon to stop small boats. Boat-trap
ballistic net technologies can be deployed from a helicopter.
28. (62.3T) The Coast Guard Has a Civil Rights Problem. Rep. Elijah E. Cummings. Failures and deficiencies in USCG civil rights
program cannot continue.
28. (62.19P) Maritime Unions Call on U.S. Government to Provide Force Protection. Source: IOMM&P. U.S. government should
protect our merchant ships
29. (62.11M) Welcome Aboard – New Professional Members.
29. (62.31C) Current NMA Brown List.
NMA Newsletter #61 – February-March 2009
1. (61.18D) Captain Joseph Dady Becomes National Mariners Association President. Background & picture.
2. (61.12J) NMA Directors and Maritime Labor Praise Mariners Involved in the “Miracle on the Hudson.” By V.J. Gianelloni III,
J.D., B.S., NMA Director. Letter addressed to Rep. James Oberstar, Chairman, House Transportation & Infrastructure
Committee. Articles: The Miracle on the Hudson Reveals serious Flaws on the Hudson by William Harrigan, President, Local
333, UMD, ILA. Ferry Crews to the Rescue Again by Mike Sacco, President, SIU. M.E.B.A. also was part of rescue operations
in the “Miracle on the Hudson.”
4. (61.9I) A Fall Overboard, and a Memory Re-Visited. By Capt. John R. Sutton, Past President, AIM.. Refer to NMA Report #R354, Rev. 4, pgs 18 & 19. +Reports of two fatalities of falls from barges. +2 additional fatalities from falls overboard. Personal
RetrieverTM.
7. (61.14M) One “Lesson Learned” From F/V Katmai Loss of Four Mariners. By Rollie Herman, President, Westpac marine
Services. Inflatable life rafts are not all the same. Some are USCG-approved and others are non-approved. Lessons learned
from this sinking is that newer life rafts are better at saving lives than older rafts. No regulation currently states that a life raft
must be replaced after a specific number of years. Recalling the 1985 NTSB Pilgrim Belle accident report that recommended
lifesaving gear that would “ensure that no part of an individual is immersed in the water.” Our file #M-022. (Note: NMA urged
Congress to turn this NTSB recommendation into law.)
7. (61.1A) Congressional Expectations for Towing Vessel Inspection. Congressman James Oberstar, Chairman of the House
Transportation & Infrastructure Committee, submitted a letter to the Commandant that was entered in Docket #USCG-200419977-129 that stated his views as to the expected outcome of the rulemaking project. We reproduced his letter in its entirety.
(Note: GCMA/NMA was consistently the leader in pushing for towing vessel inspection from the time our Association was
formed. NMA Report #R-276, Rev. 9 explains what we expect from towing vessel inspection rulemaking process, while NMA
Report #R-276, Rev. 10 explained how the NPRM missed the mark).
11. (61.2B) U.S. Operators Warned not to Use Two-Watch System in Foreign Waters. Source: PMM #121. Two-Watch system
nixed. To combat crew fatigue and improve safety on overseas voyages, the latest SOLAS memorandum calls for a three-watch
system. Safe Manning Documents (SMD). The SMD may require that additional crewmembers be assigned to the vessel to meet
SOLAS requirements. Added expense.
11. (61.3C) Another Coast Guard Reorganization Bugs Our Mariners. By Richard A. Block. The “hyped” improvements we see in
licensing seem to make things more difficult, harder to understand, and more expensive for the average mariner and especially
the older mariner.
12. (61.6F) Processing Time for Mariners’ Medical Evaluations Skyrockets. Source: IOMM&P. The USCG’s Medical nightmare.
Medical Nightmare plays out at the NMC. Delays of up to 90 days to issue a credential. 4400 medical evaluations currently
backlogged. Unnecessary meddling. Bureaucratic boondoggle at NMC.
13. (61.20P) Renewing a License When You Have Medical Issues. Source: WJ letter to the editor. Reconsideration. Formal
appeal.
14. (61.21X) MEBA Reports License Renewal Problems at NMC. Continuing litany of complaints regarding medical evaluation
criteria at NMC.
14. (61.10W) Port Captains Testify in Mel Oliver Hearing. By Capt. Richard Eberhardt, WJ. Mel Oliver meltdown. DRD Towing.
15. (NL#61, p.15) Logbook Suggestion. MET. Towing Vessel Regulation Logbook See original GCMA Logbook Resolution at
(NL#3B, Item 3B-11)
15. (61.11P) Page-Cagle Law Firm Joins NMA. NMA membership. Legal. St. Louis, MO.
16. (61.4D) Unions and the Employees Free Choice Act. Source: SIU. Q&A from AFL-CIO with NMA emphasis. Although NMA is
not a labor union, we are deeply concerned with mariner “rights” and handle inquiries to the best of our ability.
17. (61.25A) Current NMA Brown List.
18. (61.5E) NMA Comments on USCG Marine Safety Performance Plan (FY-2009 – FY-2014). NMA was alerted to the “Plan” by
Capt. Jordan May of MTVA. NMA made USCG Office of Vessel Activities aware of a number of mariner concerns we brought
directly to the attention of Congress since the USCG offered us no solutions. Included are: General Issues: NMA Report #R-350,
Rev. 7. Investigations – NMA Report #R-429-M, Rev. 1. Towing vessel inspection – NMA Report #R-401-G. Administrative Law
– NMA Reports #R-204, Rev. 4 & #R-315-C. Licensing – NMA Reports #R-428-D & #R-428-D, Rev. 1 and #R-428-A. NMA
Report #R-201. (Note: Every report in NMA Index “R” that contains the word “Congress” was specifically addressed and
distributed to one or more members of Congress or its committee staff.)
19. (61.7G) Steersman Training Shortcomings. By Capt. David C. Whitehurst, NMA Director. Designated Examiner (DE). Opinion
based upon years of experience.
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20. (61.24P) Automatic Identification System (AIS) Proposed Changes. By Capt. John R. Sutton, Past President, AIM. Member of
working group on USCG LMR Waterways Safety Advisory Committee. Comments in response to NPRM at 79 FR 76295-76318,
Dec. 16, 2008. Docket #USCG-2005-21869.
21. (61.8H) Operating on the Washington D.C. Waterways for the Inauguration. By Capt. Bill West, NMA Director. Cruising and
Crossing the Potomac during a period of heightened security. USCG & Border Patrol.
22. (61.13Y) Mariners Comment on “Operation Big Tow”. Operation Big Tow was instigated following the M/V Mel OliverTintomara collision on the LMR. Criticism of sending advance boarding notices and other appropriate criticism.
23. (61.15V) Class Action Lawsuit Targets Damage by Ethanol-Blend Boat Fuel. Source: Maritime Reporter. Ethanol blend
causes fuel problems with outboard motors and gasoline powered pumps. Florida court case.
24. (61.16A) Search and Rescue Goes Digital. 406 MHz EPIRBs go digital on Feb. 1, 2009. Regulation change.
24. (61.23E) Problems With TWIC Card PIN # Resets. Source: MEBA. More TWIC card problems
25. (61.22K) Want to Work for the Coast Guard? Part 2. Our file #GCM-240. (61.22K). (60.7T).
25. (61.17R) Common Sense’s Obit. Social commentary.
26. (61.19Q) New and Revised NMA Reports
NMA Newsletter #60 – December 2008 – January 2009
1. (60.18F) Fine Imposed in AHTS Bourbon Dolphin Case. Source: Marine Log. Picture. 8 fatalities. $21M loss. New Captain
may have been given insufficient time to acquaint himself with the vessel, its crew, and its demanding mission. Our file #M-731.
Sinking of the Tug Bourbon Dolphin off north coast of Scotland, Apr. 12, 2007. Similar to loss of U.S. AHTS Ensco Kodiak II..
2. (60.8U) Withholding Sea Service Remains a Problem. By Richard A. Block. Employers withhold sea service letters. Congress
plans to amend 46 USC §7502. (73.2B). (Note: This statute was amended in 2010 and now requires employers to provide
mariner sea service records to both the USCG and to mariners on request. Failure to comply is now subject to $5,000 civil
penalty. This change is a result of a major effort by our Association.)
3. (60.7T) Coast Guard to Increase Civilian Hiring. By David Murray, WJ. Our file #GCM-240. Want to Work for USCG?
Qualifications listed. A note of skepticism. Our file #GCM-240. (61.22K). (60.7T).
5. (60.3T) Employment in the Marine Industry. Department of Labor Workforce Investment Act Branch. DoL Electronic
(employment) Tools Guide. OMSA & AWO employment websites. NMA asks Congress to review the statutes regarding the
recruitment & placement of seamen. “Headhunting.” NMA Report #R-211. (88.18T). (Note: For further info on
“headhunting” contact NMA Attorney Dennis M. O’Bryan, (248) 258-6262 or fax (248) 258-6047).
7. (60.14C) Congressional Leader Rebukes USCG for Failure to Enforce Safety Law. Rep. James Oberstar. Lack of attention to
enforcing statutory changes recently enacted by Congress. M/V Andrew J. Barberi (ferry) & M/V Cape Point (ferry) were
required to be inspected.
8. (60.10Q) Life Lost in Downstream Accident. Also see (NL#20, pgs.6&10). Our file #M-400, M/V Thoroughbred sinks in San
Jacinto River, TX, Nov. 6, 2002. We urge mariners to read the USCG/AWO Report Reducing Downstreaming Incidents reprinted
as NMA Report #R-390-B.
10. (60.1A) Coast Guard Uncovers Violations in First Round of Towboat Inspections. By Jen deGregorio, Times-Picayune.
Operation Big Tow. Mariner towboat boardings and license checks following the M/V Mel Oliver-Tintomara collision and oil
spill at New Orleans.
10. (60.11B) Medical NVIC. By Mike Rodriguez, IOMM&P. Employers, industry organizations, and labor expressed deep
concerns over this NVIC during its development. +NMA comments. (Note: In 2015, the MEDMAC advisory committee is still
trying to straighten out this mess!)
12. (60.15V) Problems Identified in (1981) Semi-Paratus Report Are Essentially Unchanged. By Rep. Elijah E. Cummings. NMA
Report #R-401-E. USCG personnel rotation policies are criticized as regards their ability to successfully fulfill USCG regulatory
functions because it limits expertise in any geographic or technical area.
13. (60.16J) Arbitration and the Commercial Mariner. By Tim Akpinar, Esq. in Workboat. Arbitration pitfalls
13. 60.6G) Proposed Passenger Vessel Stability Regulations. Small passenger vessels. 46 CFR Subchapters T & K. Proposed rule.
Docket #USCG-2007-0030. Refer to NMA Report #R-432. Fall out from M/V Lady D accident. Our file #M-628. Capsizing of
U.S. Small Passenger Vessel Lady D, North West Harbor, Baltimore, MD, March 6, 2004, with fatalities. NTSB MAR-06-01
14. (60.12H) Stability Through Change. Source: National Fisherman. Most commercial fishing vessels are “uninspected” vessels
as are most towing vessels. A boat that is refurbished and put into service without determining its stability with a formal
assessment can have its seaworthiness, carrying capacity and stability adversely affected.
15. (60.2X) Marine Safety Alerts. Source: National Fisherman. Watertight doors. USCG Safety Alert #13-08. Necessary
ventilation closure devices.
16. (60.17K) Coast Guard Stops 4 Unsafe Passenger Vessels. Source: Maritime Today. Boardings. Crystal River, FL.
16. (60.4R) Definition of Operator. OUPV. Endorsement.
16. (60.9K) Current NMA Brown List
17. (60.5J) New and Revised NMA Reports
19. (60.20N) Ten Truths for 2009. By John J. Sweeney, President AFL-CIO. Opinion from the viewpoint of Labor.
19. (60.21Y) A Call to All Mariners: Be Part of the Solution not Part of the Problem. By Richard A. Block. Background of this
Association. Lower-level (limited-tonnage) merchant mariners. Our work. The “two” Coast Guards. We need support from
mariners.
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20. (60.19Q) The Workforce Investment Act and the Lower-Level Mariner. By Capt. Bill West, NMA Director. WIA. Obtained his
maritime training with the help of this program.
21. (60.13W) Mariner Feedback. Mariner poll on issues NMA presented to Congress in NMA Report #R-350, Rev. 3. (63.2F). Poll
tabulated by V.J. Gianelloni III, NMA Director. (62.25R). (62.26B). (Note: NMA Report #R-350, Rev. 7 shows progress of these
important mariner issues in 2013, the last date we issued this report.)
NMA Newsletter #59 – October-November 2008
1. (59.22T) Captain J. David Miller, NMA Director & Webmaster. Photo & Caption.
1. (59.19Z) Mariners Win Two Important Elections in Two Days. National election. Local 333, UMD, ILA regional election. Our
Association’s “platform” is contained in NMA Report #R-350. Congress would take up many of our most important mariner
issues during the next 2 year culminating in the Coast Guard Authorization Act of 2010. (73.2B).
3. (59.2B) Union Leader Testifies on Inland Waterway Safety. By SIU Vice-President Augie Tellez . It was illegal for the
steersman at the helm to operate the M/V Mel Oliver unless the Master was physically present in the wheelhouse. Tellez urged
the subcommittee to push for documentation of all crewmembers. The industry must not be allowed to engage in self-policing.
Testimony on M/V Mel Oliver-Tintomara collision and oil spill. Our file #M-788. Collision between M/V Mel Oliver’s tow and
T/S Tintomara, near Harvey Locks, LA, on July 23, 2008 with a 283,000 gallon spill of #6 Oil.
4. (59.3C) Ignorance of Stability Sinks Tug Valour With Loss of 3 Lives. (69.18W). Our file #M-619. Sinking of Maritrans tug
Valour on or about January 18, 2006 in bad weather off Wilmington, NC, with the loss of 3 lives. Summary. Stability problems
are “invisible” but real. Stability’s Role in Fatal Accident. Accident highlights lack of formal training for towing vessel
engineers. Current regulations for towing vessels do not require man overboard (MOB) training. USCG recommendations.
+NMA comments. NMA Report #R-428-H.
8. (59.7G) NMA Petitions Coast Guard on 100-Ton Towing Licenses and Endorsements. 33 CFR §1.05-20; 46 CFR Table11.9102. Petition to relax restrictions on 100-ton towing officer licenses and restrictions. (Note: This issue was turned over to TSAC for
discussion and eventual resolution.)
11. (59.8H) The 30-Day Training Wonder. By Capt. Joel Milton. Opinion. Loophole that allows 100-ton Masters to end up in the
wheelhouse of a towing vessel.
11. (59.5E) New York City Settles Staten Island Ferry Wrongful Death Suit. Source: IOMM&P. Our file #M-432. M/V Andrew
Barberi, Staten Island Ferry, allision with maintenance dock at St. George, SI, Oct 15, 2003 with loss of life. Seamen’s
Manslaughter Statute. Outcome of NYC Ferry Lawsuit. $8.7M. Capt. sentenced to 18 months in jail. (Note: Medical NVIC 0408 and the resulting chaos in mariner licensing were one result of this accident.)
12. (59.6F) Coast Guard to Inspect Towing Vessels’ Crew Credentials. Source: 8CGD. USCG to conduct boardings at locks &
dams. Operation “Big Tow.” Finally recognizes a credentialing problem the USCG has ignored for years.
13. (59.9J) Mariners Protest New “Handy Tug” Exploits a Regulatory Loophole. A hefty 74-ft tug, 2800 to 3200-hp, with no loadline
certificate, a 2-man crew of one 100-ton Master and an untrained deckhand may turn out to be a mariners’ worst nightmare.
Illustration & hype (NL#59, p.14).
13. (59.18X) Put Some Teeth Into the New Towboat Inspection Rule. By David Krapf, Workboat. Opinion. Enforce new towing
vessel inspection rules. +NMA comments. (Note: New towing vessel inspection rules still awaited in 2016 with comprehensive
enforcement many years after rules are finally published.)
14. (59.15P) A Cry for Reform. By Richard A. Block. Reports and emphasizes a Guest Editorial by Merritt Lane, President & CEO
of Canal Barge Co. on the numerous violations and lax oversight that led up to the M/V Mel Oliver collision and oil spill.
“Punishment for violations in the barge industry is so rare and enforcement so loose that apparently nobody aboard the Mel
Oliver felt compelled to report that the tugboat was working without a Master Pilot in the days leading up to the July oil spill.”
283,000 gallon spill. +NMA emphasis by underlining. +NMA comments.
16. (59.13K) Impact of M/V Mel Oliver Oil Spill on Working Mariners. Opinion. One of NMA’s senior mariners pointed to
excerpts from a Workboat magazine article with considerable concern. We looked at 5 excerpts and provided NMA comments.
17. (59.21M) Masters Must Decide on Weather Issues. Source: IOMM&P. MAIB report. Comment by Richard M. Plant: “This is
something Masters must stand up for. Masters have to make the decision as to when it is safe or not to depart on a voyage based
upon the present weather conditions in their area and not those in the front office of the company owning and trying to operate
the vessel.”
17. (59.27) “Fergit de Allegations and destroy the Alligators.” ALJ. The ongoing Administrative Law Mess. This is only one part of
the great USCG debacle. NMA Reports #R-429-M, Rev. 1; #R-429, Rev. 1.
18. (59.1A) “Captain” and “Responsibility.” By John G. Denham, Pacific Maritime. “Today we are observing accidents that reflect
a lack of recognition for the responsibility one assumes when accepting the title Captain.” +NMA comment.
18. (59.24A) Invitation to Disaster. By Capt. Ben Bennett, NMA Senior Member. Letter to Editor of WJ. Proposed hurricane gate
on GIWW Mile 16 EHL. 150-foot wide gate is of insufficient width and is an invitation to disaster.
18. (59.16W) Recommendations for Oversize Tow Permits. By Capt. David C. Whitehurst, NMA Director. Opinion. 33 CFR
§162.75(b)(5)(i). Information the USCG should ask for before granting a permit. Oversize permits for “Six-packs.”
Requirement for a trained lookout. USCG Watchstanders should have accident investigation experience.
19. (59.17C) Why There Are Towing Officer Shortages on the Chesapeake. By Capt. Bill West, NMA Director. Describes
difficulties with small companies that have no DE to sign off on a mariner’s TOAR. Problems for Masters of small towing vessels
of less than 100 GRT.
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20. (59.4D) Capt. Joe Dady Reports on TSAC Fall Meeting, Sept. 17 & 18, 2008. By Capt. Joe Dady, NMA Director & Member of
TSAC. USCG safety partnership with AWO came under great scrutiny following the Mel Oliver accident with a Congressional
oversight hearing held in Washington. Progress to date on Towing Vessel Inspection NPRM. Towing vessels of less than 100
GRT. Table showing tugboats & towboats by fleet size and whether AWO members or not. New medical standards. NVIC #0408 in NMA Report #R-440-A, Rev. 1. Training recreational boaters overview by TSAC Member Cathy Hammond. TSAC
economic analysis working group. TWIC. Assistance Towing presentation by TSAC member Joseph J. Frohnhoefer. STCW
briefing by Jerry Miante, USCG Civ. Fixing the Apprentice Mate/Steersman problems. NMA Report #R-429-N.
23. (59.10V) Radar Observer Expiration Date Removed From Mariners’ Licenses. Source: IOMM&P.
23. (59.11D) “Deepwater” in Deep Doo Doo. Source: Maritime Reporter. Huge financial blunders in acquisition of the National
Security Cutter. NMA Report #R-401-C. DHS Inspector General Report #OIG-07-23.
23. (59.14Y) NMA Comments on Coast Guard Marine Safety Performance Plan (FY 2009-2014). (61.5E)
24. (59.25D) Protecting Mariner Interests. By Capt. Joe Dady, NMA Director. Scientific research conducted on fatigue and
watchstanding at Northwestern University by AWO. The towing industry needs enforceable regulations that require adequate
manning, qualified engineers, a cap on maximum hours of service and avoids the “handy tug” loophole (59.9J). AWO RCP/SMA
alternatives including CEMS will not adequately address the fatigue problem. Will inspectors and auditors be financially
dependent on the industry for their survival?
25. (59.20Q) Employee Free Choice Act. Source: SIU
25. (59.23G & 59.23GG) Junior Coastie. USCG student award pictured.
25. (59.26C) Current NMA “Brown List”
NMA Newsletter #58 – September 2008
1. (-----) Towing scene from Chesapeake Bay. Photo by Capt. Bill West, NMA Director.
1. (-----) Will More Towboats Under 26 Feet in Length Evade Licensing and Inspection Regulations? Photo be Capt. David C.
Whitehurst, NMA Director.
2. (58.1A) On Criticism.
2. (-----) Important NMA Notices.
2. (58.2B) Congressional Hearing on Mississippi River Oil Spill. Congress Probes Miss. R. Oil Spill
3. (58.8N) National Mariners Association Invited to Testify. By Richard A. Block.
5. (58.7G) Testimony of Augustin Tellez. Vice-President, SIU.
6. (58.6F) Testimony of Eric R. Dawicki, President, Northeast Maritime Institute.
9. (58.9P) Running in Shut-Out Fog: The Elaine G Incident with 6 Fatalities. Our file #M-243. Collision between the towboat
Elaine G and a pleasure craft near the Ohio River mile marker 568 on July 15, 2001 with six fatalities.
13. (58.5E) TSAC Meeting Held at MITAGS. Licensing issues. NMA Report #R-429-N. Towing vessel inspection regulations
receive more Congressional attention. Towing vessels of less than 26-ft in length. Problems with recreational vessels. The
towboat Elaine G. accident. NMA Report #R-429-M, Rev. 1. Medical NVIC. Public Comments from Capt. Bill West, NMA
Director and Bill Harrigan, President, Local 333, UMD, ILA.
15. (58.3C) Coast Guard Publishes Final Medical NVIC. (Note: MEDMAC continues to work on NVIC 04-08 in 2016.)
15. (58.4D) IMO Honors Wives of Seafarers as Part of World Maritime Day.
16. (-----) The New Medical NVIC. By TSAC & NMA member Capt. Edie Queen, an experienced tug captain. There is a whole
boat load of fear out there, and it’s only going to get worse. The average age of licensed personnel is 47; once you get past 40,
you’ve got something wrong with you and you’re taking medicine. I know Captains that are not going to renew because they
don’t want to tell intimate details of their health that are nobody’s business. You are going to end up with lots of really fit 25-year
olds that don’t know what to do when everything goes to hell 40 miles offshore.
16. (-----) Bayou Sorrel Bridge Rammed Again. Bayou Sorrel (LA) locks and bridge located on Morgan City – Port Allen Route of
GIWW. (NL#44, p.22). (NL#40, p.23). (NL#38, p.19). (NL#24, p.7).
17. (-----) Automatic Information System. By Capt. John R. Sutton, Past President AIM. Excerpt of e-mail to Thomas Allegretti,
President AWO. Suggests that AWO embrace 100% compliance with AIS for all vessels engaged in commercial barge towing.
Loophole for tugs of less than 600-hp. Especially problematic when the tow is an oil barge. NMA supports Capt. Sutton’s
proposal.
17. (-----) Hurricanes Gustav & Ike Affected the Oil Patch. Source: Jim Magill, USCG Civ., NOSAC Executive Director. Based on
MMS estimates. Offshore infrastructure destroyed. Damage reports compiled. Pipeline assessments. Sheen and spill
observations. Resuming production following storms. Statistics.
18. (58.10N) Federal Judge Reduces Jury Verdict for Capt. Joseph Kinneary. NMA Reports #R-204, Rev. 4; #R-204-E & #R-315-C.
Setback for Capt. Joe Kinneary who is also an NMA Director.
19. (58.11K) New and Revised NMA Reports.
19. (58.12Q) Current NMA Brown-List.
NMA Newsletter #57 – August 2008
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1. (57.12 Y) We Don’t Need New Laws…Just Enforce the Laws We Have. Source: WJ, Letter to the Editor. Opinion on M/V Mel
Oliver accident. 46 CFR §15.401 Employment and service within restrictions of license or document. Steersman was the only
holder of a USCG credential on the towboat at time of the accident. No more “slap on the wrist” for such violations. Good
possibility of “knee-jerk” legislation based on the accident. Suggestion to bring land-based officers and companies operating
towing vessels into the realm of responsibility and make them accountable as well.
2. (57.6G) Tugs Operate Under Radar on River. By Jen DeGregorio, New Orleans Times-Picayune. Opinion based on interviews
with NMA Directors and members. M/V Mel Oliver accident. Lack of USCG checks allows problems to build in substandard
towboat firms. Past experiences serving on the M/V Mel Oliver. NMA Reports #R-401, Rev. 1; #R-428, Rev. 1. Recalls the
Queen Isabella Causeway bridge crash. NMA Report #R-293-C. There are relatively few random boardings of uninspected
towing vessels. NMA Report #R-429-N.
4. (57.1A) Towboat Elizabeth M Sinking Claimed 4 Crewmembers’ Lives. Our file #M-523. (NL#27, p.23-26). Summary of the
accident. USCG Safety Recommendations #6118; #6120; #6123;#6124;#6130. Stability issue of fixed ballast. Steersman
training. Compliance with USACE policies at locks. Entered restricted waters. Out-of-water lifesaving equipment. MOB drills.
S&R. 46 CFR §15.401 ,Employment and service within restrictions of license or document. CTVEP. Elusive definition of “high
water.” Conditions at Montgomery L&D. Drug testing requirement. Inadequate power. Confusing orders. Striker pilot.
USCG report supported by Dennis M. O’Bryan, Esq.
11. (57.2B) Mariners Must Be Trained to Use Modern Electronic Navigation Equipment. Electronic Charting Training. USCG
mandated radar training following AMTRAK Bayou Canot accident. USCG forgot to require mariner training on AIS. 2003
M/V North Service accident, grounds tank barge Energy 5501 on Budd Reef in Long Island Sound. Waypoints. Chart plotter.
Our file #M-413. USCG Safety Recommendation #5765 – require additional training courses and instruction in the use of
electronic chart navigation tools. Skill sets necessary to navigate with paper charts is significantly different from those needed to
use electronic chart systems. Must be able to properly operate all installed navigation equipment. 46 CFR §15.405. “Each
credentialed crewmember must become familiar with the relevant characteristics of the vessel appropriate to his or her duties and
responsibilities prior to assuming those duties and responsibilities. As appropriate, these may include, but are not limited to,
general arrangement of the vessel, maneuvering characteristics, proper operation of the installed navigation equipment, proper
operation of firefighting and lifesaving equipment, stability and loading characteristics, emergency duties, and main propulsion
and auxiliary machinery, including steering gear systems and controls.”
13. (57.4P) NMA Questions Accident Investigations that Seem to Last Forever. Slow reporting of USCG accident investigations.
NMA Report #R-429-M, Rev. 1. Our file #M-243. DHS Report #OIG-08-51.
14. (57.3E) Mariners Report Insufficient Barge Lighting. At Devall fleet, GIWW miles 242-243 WHL as reported by one of our
mariners. 33 CFR §88.13.
15. (57.8J) Mississippi River Commission Meeting. NMA participates at USACE meeting. Eight-pack tows are too large for the
GIWW Morgan City-Port Allen alternate route. Bank erosion. NMA report #R-340, Rev. 9. The USCG cannot comment on bank
erosion as it relates to tow horsepower because issue falls outside their expertise. We directed our comments to USACE.
16. (57.9K) Maritime Administration Discovers There Really is a Shortage of Mariners. NMA letter to Sean Connaughton, Maritime
Administrator.
16. (57.10K) Proposed Rule on Passenger Weight and Vessel Stability Requirements. This proposed ruleemerged as a result of the
Lady D fatal accident in Baltimore Harbor where a small pontoon vessel capsized. NMA Report #R-432. NTSB report MAR-0601. Our file #M-626. (40.5F) 73 FR 49224-49275, Aug. 20, 2008. Docket #USCG-2007-0030.
17. (57.11N) U.S. House of Representatives Plans to Upgrade Marine Safety. (73.2B) (Note: NMA testified at the hearing that led
up to the USCG Authorization Act of 2010.)
17. (57.13N) New and Revised NMA Reports
21. (57.5Y) Setting Poor Examples. By Angela Woodall, Oakland Tribune. Senior USCG officer accused of cocaine use and
obstruction of justice. Former USCG Chief Warrant Officer sentenced. NMA Report # R-444, Rev. 2 – bilge water processing
equipment – comments to the docket.
21. (57.7W) Current NMA Brown List.
NMA Newsletter #56 – June-July 2008
1. (56.3F) Ship Undocking Accident. Tankship Kition, while assisted by 3 tugs, struck Interstate 10 bridge at Baton Rouge, LA.
Picture of damage from inside bulbous bow. Our file #M-693.
5. (56.12W) Improving Mariners’ Working Conditions is the Only Way to Counter Manpower Shortage. By Michael Grey.
Source: Lloyds List. List of worst aspects of life at sea
6. (56.16Y). M/V Cesspool, Flagship of the Brown List Navy. M/V Jillian Morrison. NMA Report #R-412-A, Rev. 1. Chief
Engineer Leon Manderson complaints reported and brought to court by Mark L. Ross, Esq. Events occurred before this vessel
exploded 15 miles off the Louisiana coast killing 2 and injuring 6 persons. Civil action 08-1255, U.S. District Court, Eastern
District of Louisiana. Our file #GCM-156.
8. (56.10P) National Maritime Center Cannot Support its Public Statements. Allegation: NMC dumped its unwanted workload by
returning paperwork to mariners. Comparison to Office of Investigations and Casualty Analysis dumping 3848 investigations
without proper HQ review. Staff at NMC includes 98 “contractors”. NMC is slow, incomplete, and evasive in responding to
FOIA requests.
9. (56.6Y) U.S. House of Representatives Votes to Reform Coast Guard’s ALJ System. By Richard A. Block. Source: IOMM&P.
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William Hewig, Esq. Congress asks GAO to review ALJ program. NMA Reports #R-429-K; #R-429-M; #R-401-C; #R-401-F.
(Note: The USCG, although given sufficient opportunity, did not clean its house of controversial personnel and make many
necessary changes in the ALJ system.)
11. (56.8Z) New and Revised NMA Reports.
11. (56.5B) Towing Company Cites “Personal Retriever” as “Best Practice”. Letter by Dan Ahrens, Lewis & Clark Marine, Inc to
Paul Driscoll, Pres. Life Safer, Inc.
12. (56.13Q) Tug Sinks in Gulf of Mexico: Crewmember Succumbs to Hypothermia. Old tug sinks, Crewman Dies. M/V. H.D.
Mitchell. Bulkhead split on old tugboat. No requirement for towing vessels working offshore to carry inflatable liferafts. Out-ofwater protection against hypothermia. Docket #USCG-2004-19927-129. NVIC 07-91. Unseaworthy vessel. Poor quality of
informal USCG investigation. Manning questions neither askedn or answered. NMA Reports #R-429-A: #R-429-B.
14. (56.7A) Designated Examiners. By Capt. Jordan May, Co-Director MTVA. USCG increases the approval period for towing
vessel DE. Original and existing approvals. NMA Report #R-383, Rev. 3.
14. (56.4Y) Coast Guard Denies Our Appeal, Keeps Designated Examiner List Secret. By Richard A. Block. Our file #GCM-171.
15. (56.2J) First Aid Training for Boat Crews. Source: By Terry Sharp, Letter to the Editor, WJ. Do boats have adequate medical
devices and supplies to save a life in an emergency? Every person should be trained in basic first aid before they ever set foot on
a commercial vessel.
16. (56.11P) Safety Alert – Controllable Pitch Propellers and Situational Awareness. Source: By Jim Magill, USCG, Civ. Users of
CPP must understand how the system is designed and operates to avert the disasters cited in article. Abandon ship. CPP.
16. (56.1Q) Rep. Bennie Thompson Says TWIC Helpdesk Needs Immediate Fix. Source: IOMM&P. Helpdesk at NMC is having a
negative effect on mariners and employers. Complaint to DHS Secretary to resolve the problem.
17. (56.15C) Tow Runs Over Stalled Pleasure Craft With One Fatality. Collision M/V Greg Minton & P/C I Love Paris. Our file
#M-293. UMR Mile 218. Pleasure craft cuts across tow’s bow and is lost to view. Lookout. Congested area. NMA Reports #R207, Rev. 1; #R-207-A; #R-207-B; #R-207-C.
19. (56.17N) High Water Regulations (on LMR). USCG waterways access plan, New Orleans to Baton Rouge, LA. Required 280
hp. per barge ratio. Reduced accidents. By Capt. John R. Sutton.
19. (56.14B) Three Confined Space Entry Fatalities in OSV Chain Lockers. MAIB. UK. Safety Alert. NMA Report #R-450. Rust,
corrosion consumes breathable oxygen. Physiological effects of reduced oxygen. Viking Islay incident. Our file M-783. Jim
Magill, USCG, Civ. NOSAC Executive Director +NMA comments.
20. (56.9R) Modern Computer Tools Simplify Tide and Current Calculations for Major U.S. Ports. New Tide & Current Tools.
Objectives of P.O.R.T.S. List of ports covered.
21. (56.18N) Current NMA Brown List.
NMA Newsletter #55 – April- May 2008
1. (55.24G) It’s Crunch Time for the Coast Guard on Many Fronts. Rep. Cummings is USCG greatest supporter but also its
greatest critic. NMA editor comments. Ego and arrogance. USCG bungled its 110-ft patrol boat upgrades and national security
cutter acquisition. USCG bungled its marine safety mission and investigations. NMA Reports #R-429-J; #R-429-K; #R-429-M,
Rev. 1; #R-462, Rev.3. Never-ending reorganizations. USCG provokes mariners with ALJ system and corrupt judges. The Eric
Shine case. Self-serving propaganda.
4. (55.24G) (continuation of above) Kangaroo Court. Affidavit of Adam J. Olabuenaga, a non-mariner witness to controversial
USCG ALJ hearing in Long Beach, CA. +NMA comments.
5. (55.27U) – DHS Inspector General Uncovers the “Biggest Lie” Yet. DHS report #OIG-08-51 mismanagement of USCG
investigations office. Investigations scandal.
6. (55.25T) Quotable Quotes. “I don’t think they (the USCG senior management) have the credibility to self-examine or selfinvestigate.” House Speaker Nancy Pelosi.
6. (55.7H) Disposable - The People of the Sea. By: Fr. Sinclair K. Oubre, JCL, AOS. Demand that land-based communities
respect seafarers. The first steps in changing the public’s prejudice toward mariners is challenging their efforts to scapegoat
seafarers and make them aware of how their very survival is built on the backs of the people who have traveled so far to bring
them so much.
7. (55.22A) Congress Acts to Stem Coast Guard Leadership Failures. By V.J. Gianelloni, III, NMA Director. Letter to Members of
Congress and a comparison between the USCG and USACE as written by a former USCG Commander and Chief Engineer on
the USACE dredge Wheeler.
9. (55.20K) Capt. Jordan May Accepts Seat on NMA Board of Directors. Co-Director MTVA. Acceptance letter. Comment on
lack of USCG sleep requirements. NMA Report #R-417, Rev. 1.
9. (55.19L) Legal Clinics Aid Mariners – A Progress Report. (54.21X). ALJ Bruce T. Smith. Tulane University law students pro
bono initiative. USCG vs. William S. Matt. Our file #A-732.
10. (55.1A) NMA States Our Mariners’ Concerns to the Commandant. NMA Letter to Commandant Allen and reply on his behalf.
NMA Reports #R-401-G: #R-350, Rev. 3.
11. (55.8D) House Approves Bill to Transfer ALJs Over Maritime Bias Claims. By Robert Little, Baltimore Sun +NMA emphasis &
comments. Latest on ALJ Scandal. Proposals to dismantle USCG ALJ system considered. (Note: Congress did move mariner
whistleblower cases from USCG ALJs. They now will be heard by DoL Judges under DoT rules. Refer to NMA Report #R-210.
Rev. 2.]
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12. (55.11Q) Who Gets Hit With Coast Guard Civil Penalty Actions? Our file #GCM-150. It appears the USCG turns a blind eye to
non-reporting of personal injuries leaving mariners to try to recover their losses using their own limited resources. (NL#51,
p.17). Mariners and companies are held to two different standards. Outstanding towing case. Our file #M-755. M/V Sovereign
(aka Mr. Dean) towing M/V Golden Star.
15. (NL#55, p.15) Why is There a Labor Shortage in the Brown Water Towing Industry? By Capt. David C. Whitehurst, NMA
Director. Opinion. There are no regulations limiting hours of service of deckhands and unlicensed engineers. Poor training of
entry-level employees. Designated examiner letters were given by USCG to mariners who had only their first-issue of a license.
16. (55.3Z) Coast Guard Continues to Crack Down on Illegal License Use. USCG news release. Jim Wilson, USCG Civ. Now
Senior Investigating Officer. Examples of revoked and fraudulent licenses.
17. (55.21K) Oil Barge Millicoma Grounds Near Mouth of Columbia River. Columbia Bar. Set-up for tug Howard Olsen to tow
two barges in tandem. Attempted bar crossing in deteriorating weather with swells of 12 to 13 feet on the bar. Empty barge. No
pollution. USCG investigated the grounding. No voyage plan prepared. No heavy weather bar crossing policy. Our file #M549. +NMA comments on possible violation of 12-hour rule was not addressed.
18. (55.4F) Recycling Mariners Helps Fill the Towing Industry’s Licensed Personnel Shortage. 2001 license regulations failed to
require companies planning to train new Apprentice Mates/ Steersmen to create a formal training slot for them. After-hours
training in the pilothouse. Tougher medical standards. NMA Report #R-440-A, Rev. 1. Violation of 46 USC 8104(a) in Webber
Falls accident not considered. NMA Report #R-370-A, Rev. 2. NMA pursued rumors of possible eligibility for older mariners to
return to duty with USCG.
20. (55.10P) Congress Confronts Unrealistic TWIC Deadline, Scrapped Patrol Boats, Cost Overruns, and Gross Mismanagement.
New TWIC Deadline. TWIC was a monumental screw-up, but there were others! The ALJ mess. USCG opinion on foreign
shipyard work overturned.
21. (55.2W) New and Revised NMA Reports.
22. (55.5V) Coast Guard Rescues Three People from Gulf of Mexico. Source: USCG press release. DSC. Value of Fishing Vessel
Dockside “Examinations.” Lifesaving equipment discrepancies. NMA Report #R-354, Rev. 4. +NMA comments.
23. (55.6Q) One Step Forward – Two Steps Back. History. The Seamens Act of 1915. Key provisions listed. Senator Robert
LaFollette.
23. (55.16Y) Pilot of Cosco Busan Indicted on New Charges. Pilot Charged With Lying About Medications During Required
Annual Physicals. (Note: This First Class Pilot was later convicted. Read (64.8U).
24. (55.9C) New National Maritime Center 90-Day Deadline (for Mariners) to Respond with Requests for Missing Information.
Another unreasonable NMC Deadline. NMA needs an attitude adjustment to accommodate the needs of the public that pays its
user fees. Specifics cited. The mariner “Help Desk.” NMA Report #R-401-E.
26. (55.13B) M/V Anne Holly Accident Emphasized Need for Towing Industry Safety Management System. (SMS). Towing
accident put 2200 lives at risk. Potential for accident with loss of life greater than on the Titanic, Lusitania, Sultana or Eastland.
NTSB Marine Accident Report NTSB/MAR-00-01 and Recommendation #M-00-10.
27. (55.1G) New Medical NVIC Discriminates Against “Experience.” By Richard A. Block. Medical purge aggravates shortage of
experienced mariners. The merchant marine is not the military. Mariner examples. Unreasonable work hours.
29. (55.15A) Reminder of Drug & Alcohol Testing Requirements. Serious marine incident defined in 46 CFR §4.03-2. Most
commercial vessels must have access to alcohol testing devices within 2 hours of the occurrence and have drug testing devices on
board or available within 32 hours of the occurrence. NMA Report #R-315-D.
29. (55.18P) Death on the Job: New AFL - CIO Report. Annual AFL-CIO Report. NMA Report #R-429-I, Rev. 2.
30. (55.12H) Petroleum Coke as a Cargo. By Capt. David C. Whitehurst., NMA Director. Cargo characteristics.
30. (55.17U) Pollution by the Coast Guard. Handling USCG polluter aboard USCGC Rush.
31. (55.23X) Current NMA Brown List.
NMA Newsletter #54 – February – March 2008
1. (54.15C) It’s All About Experience. Opinion. Capt. Joel Milton’s pictures and introduction. Full speed ahead for novice mates.
What a truly qualified towing mate must be ready for.
4. (54.16R) Another Appearance of Impropriety. High ranking USCG officers feather their own nests. Retired ADM Loy now on
Board of Directors of Lockheed Martin Corp., major government contractor. Follow the money. “Deepwater” contract to build
new USCG vessels. Other government vessels. MARAD threatens mariners with S&R for not buying a TWIC.
5. (54.3E) Heavy Tow Strikes Natchez Bridge. Our file #M-692. M/V Limestone Lady strikes Vidalia Highway Bridge and a grain
elevator on Jan 31, 2007. NMA Report #R-400, Rev. 8.
6. (54.2B) The Rise and Fall of the Marine Safety Compliance Program. By V.J. Gianelloni III, NMA Director. Background and
History of the P.L. 219 program. “V.J.” was commissioned into USCGR directly from USMMA in 1964. Relates his service in
USCG marine safety program which was considered a career “dead end.” USCG transferred from Treasury Dept. first to DoT
then to DHS. Marine safety program lost its understanding of a successful civilian regulatory policy and practice. Crucial
importance of inspectors of keeping the faith and good will of the vessel’s crews. NMA Report #R-401-E.
6. (54.13C) History in the Making: A Summary of Recent Remarkable Events. National security cutter acquisition scandal. NMA
Report #R-401-C. 110-ft patrol modernization scandal. NMA Report #R-401-F. 90 USCG rulemaking projects affecting the
marine industry and merchant mariners have stalled at USCG HQ. Example: 33 CFR Subchapter N. Irregularities in USCG
ALJ system. NMA reports #R-429-J and #R-429-K. Serious problems exist in the USCG marine inspection program. NMA
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Report #R-401-E. MS Cosco Busan oil spill investigation screw-up.
9. (54.10M) Marine Safety – Where the Coast Guard Went Wrong. NMA comments added to VADM Card’s landmark report on
the USCG marine safety mission in NMA Report #R-401-E. NMA Report #R-201 was sidetracked by RADM Pluta. NMA Report
#R-350, Rev. 3.
10. (54.5P) Seafaring Labor Says Coast Guard Administrative Law Judge Program Should Be Transferred to NTSB. Source:
IOMM&P. S&R actions are initiated by USCG officers, prosecuted by USCG officers, and adjudicated by a USCG-appointed
and paid ALJ. NMA Report #R-429 series of reports on USCG investigations and their administrative law system.
10. (54.21X) Tulane Law School Students to Defend Mariners in ALJ Hearings. NMA supports, encourages, and congratulated ALJ
Bruce T. Smith for his leadership in assisting mariners to secure legal representation..
10. (54.9C) Capt. Joe Dady Reports on MERPAC-TSAC Medical Workshop Discussions. Edited by Richard A. Block. Capt. Joe
Dady is a NMA Director. USCG pushes its controversial Medical NVIC. NMA Report #R-440-A, Rev. 1. End of article cites
significant points that Capt. Dady wanted to stress for our mariners.
12. (54.19N) They Do It Because They Can. The USCG has gotten away with changing procedures without warning before and will
do it again. Intimidation. Example: Locking their files. Capt Bill West (a NMA Director) had his file locked. Was it in response
to speaking out at a Federal advisory committee meeting in Washington?
15. (54.12Y) Abandoning Mariners Without Transportation Home. By Richard A. Block. USCG calls this a “labor issue” and
won’t become involved. Versatility Marine. (NL#53, pgs.9-12). NMA urged mariners to join a labor union to establish a
contractual relationship to address this and related issues.
15. (54.22Z) Reform Movement Wins in Local 333 Election. Bill Harrigan becomes President.
16. (54.7Y) House Panel Reviews TWIC Program, Questions Enrollment Delays. Source: IOMM&P +NMA comment on stalled
projects. (54.13C).
16. (54.4B) Proposed Rule Change Sets Low Standards That May Lead to More Spills. Source: By Erik N. Nelson, Oakland
Tribune. Proposed rule change may increase spills. Comments by Capt. Joe Dady & Capt. Joel Milton.
18. (54.6F) Illegal Small Passenger Vessel Operation Highlights Coast Guard’s Unfinished Business. Captain faces S&R. Company
faces fine. Illegal operation of small passenger vessel without valid COI.
18. (54.1A) NTSB’s Most Wanted (Changes): Mandatory CEMS Compliance. By Dave McCallum, USCG Civ.
19. (54.18Q) Mariner Rights: Criminalization. By Mike Rodriguez, IOMM&P. Criminalization of unintentional acts of mariners.
Historical context. The nature of investigations. 46 USC §6301. Miranda warning. IOMM&P proposals. Suggestions for
mariners. U.S. law provides mariners with the right to be represented by counsel during an investigation. 46 USC §6301makes
no distinction between a criminal investigation and a marine safety investigation. NMA Report #R-204-C, Rev. 6. NMA Report
#R-438, Rev. 1. (Note: Insurance coverage is available to merchant marine officers for different types of coverage. Examples:
License defense and civil coverage.)
20. (54.21B) Criminalization of Accidents Has Chilling Effect on Safety Investigations. IOMM&P. High profile nature of maritime
accidents generates political pressure to “play the blame game.” Advice: Always speak to a lawyer before answering questions
or making statements to investigators after an accident.
21. (54.8U) New and Revised Reports.
21. (54.11J) New Sales Policy on Research Reports. (Note: Our policy was a failure and generated no financial support.
Nevertheless, our Association remained active but impoverished for 6 more years.)
22. (54.20G) Louisiana Firm and 3 Employees Convicted of Spilling Benzene in the Ohio River (and in failing to notify USCG of a
hazardous condition). Sources: AP & WJ. +NMA comments. Benzene is a carcinogen whose regulations appear in 46 CFR
Part 197, Subpart C.
23. (54.23W) Local Notice to Mariners & Broadcast Notice to Mariners. Failing to listen to these broadcasts may be seen as
“negligence” as defined in 46 CFR §5.29. LNM. BNM.
23. (54.17P) Coast Guard Study Proves Existence of a New Chemical Element. Governmentium (Gv). Humor.
23. (54.14A) Coast Guard 2009 Budget Hearing. Statement by Rep. Elijah Cummings. New effort to manage USCG acquisitions.
Balance between USCG missions. New billets for USCG inspectors and investigators. Funds to complete 100 pending
rulemaking projects. Lady D accident in Baltimore. NMA Report #R-432. NMA Report #R-401-E. MARAD education &
training. (Note: This hearing led up to the Coast Guard Authorization Act of 2010, from the most constructive Congress our
mariners ever witnessed. Read (73.2B).
NMA Newsletter #53 – January 2008
1. (53.21D) 42 Grain Barges Break Loose Following M/V American Heritage Grounding at Vicksburg, MS. Caption for picture of
vessels recovering barges. NMA Report #R-340, Rev. 9.
1. (53.9K) Licensing Services Continue to Deteriorate Despite Lofty Promises. NMC services deteriorate. USCG resorts to
locking mariner files and preventing advancement in the industry. Stalled applications. NMA Reports #R-428-D and #R-428-D,
Rev. 1 submitted to Congress in preparation for hearing. NMA Report #R-436, Rev. 3. Capts. Paul McElroy and Joseph Keefe
visit NMC. Details of USCG abuse of mariners. Only Congress can straighten out the USCG. NMA Report #R-201.
6. (53.10B) Rulemaking Proposal Seeks to Change Towing Training & Service Requirements. Proposed towing licensing
Changes. Radar Observer endorsement changes proposed. Re-alignment of renewal dates. NPRM Docket #USCG-2006-26202.
Kirby Marine: The requirements for an apprentice mate to become a mate/pilot of towing vessels unnecessarily restricts and
dampens the use of a long-term training program. Suggests alternative plans for progression in the towing industry. Capt. Joel
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Milton responded to this USCG Docket as did Capt. Jordan May, Co-director of MTVA.
9. (53.1A) Brown-Listed Towing Company Must Pay for Endangering its Mariners’ Health. Company damaged a mariners’ good
health. Herman Newton vs Versatility Marine, LLC. Company could have prevented a staph infection on their towboat. A
“Maintenance and Cure” case. Owners refused to take CDC recommended steps to remove staph infection from towboat East
Wind. Owners abandoned sick mariner without travel funds to return home. This brown-listed company is no longer in business.
Mark L. Ross, Esq.
13. (53.19H) Towboat Rams Wall at Smithland L&D Sinking Two Barges. Our file M-562. Ohio River accident and infrastructure
damage involved unexpected loss of propulsion. NMA Report #R-429-C. Duties of engineroom personnel while serving as part
of the deck crew may require one mariner to be two places at one time. Use of deckineers instead of an assigned engineer is a
bad practice that can lead to serious infrastructure damage. This is also an example of a questionable USCG investigation
practice of investigating a “Serious Marine Incident” as if it were simply a “Data Collection.” This recalls Harvey Locks
accident in 1970s where a strike to a lock gate flooded Harvey, LA. NMA Reports #R-429-M, Rev.1 and #R-401, Rev. 1.
14. (53.3C) Another Oversize Artco Tow Runs Aground and Snarls River Traffic. M/V Dan MacMillan. A “six-long” tow,
downbound, flanking the bend at UMR mile 46 (Grays Point). Extreme length of the tow was one causative factor. 26 of 33
barges grounded. 11 barges damaged. 18-hour delays for river traffic. NMA Report #R-340, Rev.9.
15. (53.13B) Does the Coast Guard Ignore Basic Survival Lessons From the Titanic? Source: Passengers Outnumber Lifeboats and
Rafts by Gary Stoller. M/V Mary Ann – M/V Golden Eagle tow collision at LMR Mile 643 below Helena, AR. (1999). Out-ofwater survival equipment. USCG Ignores Lessons from Titanic with specific examples cited. NMA Report #R-354-A. (Note:
Congress back-tracked since 2010 when we thought this issue was settled once and for all. The Passenger Vessel Association
(PVA) applied political pressure which makes this article especially important in 2016 and beyond.)
17. (53.8M) Barge Hits Railway Bridge as Tug Maneuvers to Avoid Sailboat. Source: PMM. Barge Hits Bridge but Misses
Sailboat. Amtrak Old Lyme RR bridge on Connecticut River. Common sense would say that the sailboat would yield to the tug
and its tow…but that didn’t happen. Towing hawser snapped at critical moment. Survey shows towing vessel officers fear
actions of recreational boater. Those aboard sailboat probably didn’t realize how lucky they were to escape injury or death. Our
file #M-662. Damage to bridge fendering system estimated at $750,000.
18. (53.20E) Anchors for Tugboats? NMA asked USCG to address this matter in new regulations for inspection of towing vessels.
We addressed it in NMA Report #R-276, Rev. 9 submitted to the docket as item #29. Anchors & Ground Tackle. Applicable
Statute: 46 U.S. Code §3306. Comparable regulations: 46 CFR §130.240 (but we assert that this requirement should not be
limited to vessels greater than 100 gross tons.) Each towing vessel must have an adequate anchor and ground tackle that the
crew can handle safely with the available equipment. This ground tackle must be able to hold the towing vessel in the waters it
navigates under all foreseeable circumstances. Providing proper ground tackle and machinery to handle it is an important crew
protection(1) measure. [(1)“Crew protection” does not consider anchoring the tow as well as the towing vessel. For the purpose
of crew protection, an effective sea anchor or suitable equivalent should be provided for towing vessels on ocean and coastwise
routes.]
19. (53.6F) Possible Congressional Fix for ALJ System. By Jack Simpson, WJ. Congressman Cummings finalizing legislation to
dismantle ALJ system but the USCG Commandant refused to follow through. (Note: Cases involving whistleblowers will be tried
by DoL Judges under rules established by DoT. See NMA Report #R-210, Rev.2.)
19. (53.24R) Xylene Tow Disables Miter Gate at Lock on Tennessee River. M/V Potomac & barge HTCO 3016. Accident Disabled
Wilson Lock. Barge trapped for 3 days. Lock was disabled for 4 months. NMA file #M-659. Port bow of tank barge fouled
upper lock gate causing the gate to lift out of its track.
20. (53.2B) Judge Massey Describes What Mariners Can Expect in Court. NMA Report #R-429-K. Oral presentation by retired ALJ
Massey at Congressional Hearing conducted by Congressman Elijah Cummings.
21. (53.17Q) NMA Member Writes His Congressman About Investigating and Prosecuting Mariners. Mariner Dan Schweitzer’s
Letter to Congressman Tom Allen. NMA Report #R-223, Rev.1.
22. (53.4D) Certificates of Safe Manning for Tugs on Domestic and Foreign Voyages. Safe manning document serves in the place of
a COI for an uninspected towing vessel on an international voyage. Manning must meet international standards when they are
tougher than U.S. standards. NMA Report #R-401, Rev. 1.
23. (53.5E) American Commercial Lines, Inc. Accelerated Training Program. ACL hype for its new training program.
23. (53.7U) Drunken Captain Rammed Bayou Boeuf Railroad Bridge Last May Causing $1,500,000 Damage. Bridge Ramming
Mystery Solved. Picture illustrates damage to this antiquated RR bridge. Our file #M-720.
24. (53.12X) Flag of Convenience (FOC) Ship Registry is a Threat to Our National Security. Source: Business Daily Africa. ITF.
Liberian “Flag of Convenience”. Many FOC owners have become notorious for low wages, long work hours, and unsafe
working conditions.
24. (53.11X) Coast Guard Environmental Crimes Disclosure Policy. By Richard A. Block & Chief Engineer & NMA Director Glenn
L. Pigott. Environmental Crimes. OWS. NMA Reports #R-428, Rev. 1, #R-444, Rev.2 & #R-444-A, Rev. 1. Posted USCG crime
disclosure policy for our mariners. Opinion: USCG can plan better than they can administer. Examples and criticism.
26. (53.14J) Gross Safety Violations Led to Loss of Tankships Prestige and Erica. By Captain Ronald Sinn who probed the
background of both the Prestige and Erica backgrounds and “connected the dots”.
27.(53.15P) Former DoT Secretary Mineta Calls for New Federal Maritime Policy. Source: IOMM&P.
27. (53.16Y) Tips About On-line TWIC Pre-Enrollment. Source: IOMM&P.
28. (53.18N) NMA Joins in Criticizing New Medical NVIC. NMA independently follows unions lead and contests the new medical
NVIC. USCG policies in NVIC 04-08 hurt our limited tonnage mariners.
24. (53.22B) New & Revised NMA Reports.
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24. (53.23W) Current NMA Brown-List.
GCMA Newsletter #52 November - December 2007
1. Fire Destroys River Towboat M/V Marie Henderick. Massive engineroom fire. Picture. USCG withdrew rule that called for
installation of fire suppression system on tugs & towboats. Our file M-590. Firefighting foam is necessary to fight large oil fires.
+NMA comments.
3. Coast Guard Inspection Program Needs Experienced Civilians. USCG agreed but “in the transitional phase only.”
4. A Fall Overboard Into Cold Water May Be a Death Sentence. Source: Canada Department of Transport. Summary of “Survival
in Cold Water: Staying Alive.” Cold shock. Swimming failure. Hypothermia. Post-rescue collapse. Development of immersion
suits. Examples: M/V Comet; M/V Joan La Rie. NMA Report #R-354, Rev. 4.
11. Capt. Bill Beacom Responds to Manning Question at Congressional Hearing. Onerous workload and high rate of personnel
turnover in the towing industry. NMA Reports #R-370 (entire series) and #R-279, Rev. 8.
11. Government Accountability Office Looks into Coast Guard. By Robert Little, Baltimore Sun. ALJ system. Chief ALJ Joseph
Ingolia is in the center of the controversy. (Note: ALJ Ingolia eventually retired and was replaced by equally controversial ALJ.)
13. MM&P Testifies on Coast Guard’s Administrative Law Judge Program. William Hewig, Esq. Former ALJ Rosemary Denson
made concrete suggestions to reform the ALJ system at the hearing as found in NMA Report #R-429-K, pgs 8-18 inc.
13. Fishermen Allege Bias in Coast Guard ALJ Rulings. Complaints of commercial fisherman about the USCG ALJ system by Greg
Duckworth of the Rhode Island Fishermens’ Alliance. Introductory remarks at hearing by Congressman Walter Jones of North
Carolina indicated that he was well aware of existing problems with USCG ALJs in rulings against fishermen. (Note: Expanded
and supported by (82.7G) & (79.5E))
14. “…Just Because They Can”. Examples of how the USCG ignored and mistreated our mariners “Just Because They Can.” NMA
Reports #R-201, #R-315-C and #R-204, Rev. 4.
15. New and Revised GCMA Reports.
15. GCMA Commentary on “Marine Safety Enhancements.” Based on article by RADM David P. Pekoske. +NMA comments.
NMA Reports #R-442 and #R-350, Rev. 3.
16. Former High-Level NTSB Employee Blasts Agency for Flawed Marine Reports. NMA questions some USCG reports such as
NMA Report #R-432. MOU between USCG and NTSB. NMA file #A-1002.
17. Directors Attend NOSAC Meeting. Capt. Roland Rodney, Member of NOSAC. Chief Engineer Glenn L. Pigott, Member of
MERPAC. Discussion on increasing OSV tonnages beyond the current limit of 6,000 tons which was raised from 500 tons in
1996. These tonnages are explained in NMA Report #R-430, Rev.2. NMA is agreeable to the change.
18. M/V Odyssea Voyager’s $6,000,000 fire. Foreign-flag dive support vessel with 40 persons on board operated in the Gulf of
Mexico. Flammables stored next to exhaust line that transferred heat directly to the steel structure above the bow thruster. Our
file #M-650.
19. Engineers Provide an Update on the Morgan City – Port Allen Route. By Richard Eberhardt, WJ. Crane that struck Long-Allen
Atchafalaya River bridge in Morgan City, LA. had to be raised and moved to clear the waterway. NMA Report #R-293, Rev.8,
Incident #2. Our file #M-538.
19. Submersibles Used to Ferry Narcotics. Source: Los Angeles Times.
20. WWII Newspaper Article Recalls GCMA Member’s Wartime Experiences. By Donn Hale Munson, Palm Beach (FL) Post
Times – 1942.
21. The Freedom of Information Act. Brief background, access and limitations.
21. (Correction) Capt. Charlie Thomas Offers River Pilots Unique Mississippi River Light Lists.
22. Heads-Up on Two Local Projects. Lift span on Houma, LA RR bridge to be moved to Old Brazos River in Freeport, TX.
23. Current GCMA Brown List.
GCMA Newsletter #51 – October 2007
1. (51.21W) Captain Bill Beacom Testimony to Congress at Maritime and Education Workforce Hearing Oct 17, 2007. By Capt.
Bill Beacom. Opinion. Photograph. How do we get people to want to work in the maritime field?
3. (51.20B) U.S. Judge Will Not Dismiss Cases Against USCG Administrative Law Judges and Co-Conspirators. Misconduct by
Chief ALJ Ingolia and ALJ Brudzinski alleged. NMA Reports #R-204, Rev. 4; #R-315-C; #R-399. The Dresser, Elsik, and
Rogers cases. Equal Access to Justice Act. ALJ Case Moves Forward.
3. (51.9Q) Coast Guard’s ALJ System Dumps on Another Mariner. By Richard A. Block. The Eric Shine Case. NMA Reports #R204, Rev. 4, Chapter 19; #R-210, Rev. 2; #R-429-Q; #R-429-T; #R-462, Rev. 3 and R-462 (Supplement). Eric Shine filed a
whistleblower case against USCG. The USCG power to deny and delay. ALJ McKenna. ALJ Brudzinski.
8. (51.13W) GCMA Member Clayton D. Diaz “Lucky 47” Runs for Louisiana State Senate District 21. (Note: Candidate Diaz was
unsuccessful – but he tried.)
8. (51.1A) Open Manhole Covers – An Invitation to Death and Injury. M/V Mokihana. Bosun Paul Herriott. OSHA protects
landside workers with regulations at 29 CFR §1910.23. USCG does not have a comparable regulation. NMA Report #R-202-E
indicates this is only one of many comparable failures by USCG to protect mariners. (Note: This report remains one of NMA’s
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active files.)
9. (51.3B) New and Revised GCMA Reports
10. (51.16Y) New Law Now Allows Foreign Seamen to Work on U.S. Flag Cruise Ships. Source: Sailors Union of the Pacific.
Foreign Seamen Compete for U.S. Jobs. +NMA comments.
13. (51.5T) Gretchen to the Rescue. Source: SIU. G&H Towing’s union crew answered call to turn ship at anchor to assist in a
fueling operation.
13. (51.2N) Bridge Issues. By Richard A. Block. (53.7U) Bayou Boeuf RR bridge extensively damaged. Problem with lack of
coordination of USCG accident reporting is evident.
14. (51.7U) Medical NVIC. Source: IOMM&P. Argument for a fair medical review system based on a network of USCG-approved
medical examiners. Relations between mariners and USCG were at an historic low point.
15. (51.12M) New TWIC Twiches. 72 FR 55043, Sept. 28, 2007. Allows non-resident aliens to apply for TWIC cards.
15. (51.4X) Secure Watertight Doors While Underway. USCG Safety Alert #3-07. Collision between OSV Lee III and M/S Zim
Mexico III cited.. W/T doors must remain closed when vessel is underway. Our file M-459.
15. (51.11H) Sea School Cooking School. By Richard Eberhardt, WJ.
16. (51.8N) Coast Guard Releases Findings on Tanker Explosion. Source: AOSUSA & Catholic Maritime News. USCG releases
findings on tanker explosion of Bow Mariner. 18 fatalities. Greek-owner of a typical FOC ship. Spark ignited mixture of air and
vapors of a gasoline additive.
18. (51.6Y) Risk of Criminalization Turns off Potential Mariners. ITF. (93.12). (54.18Q). (54.21B).
18. (51.17N) USCG Casualty Reporting Shortcomings. NMA review of USCG statistics gained under FOIA covering period of 1991
- 2006. 46 CFR §4.05-1; 46 CFR §4.05-10; Other NMA Reports cited in article itself.
19. (51.14V) News About the National Maritime Center. Temporary relocation from Arlington, VA to Kearneysville, WV. Key
USCG personnel retire from NMC as result of relocation. A rhetorical question: Who represents the individual mariner? (Note:
The next 5 years proved to be a morale-crushing disaster for our mariners as NMC services collapsed.)
20. (51.15R) Use Extra Caution in Encoding AIS Systems. Some users are not obtaining, registering and/or properly entering their
MMSI numbers in their AIS devices. Encoding your AIS.
20. (51.22C) Rowan Enters Guilty Plea on Offshore Environmental Violations. Source: Maritime Today. DoJ. Pollution from
drilling rig Rowan-Midland 2002-2004. $9M fine and community service payment. Another pollution “Guilty” Plea
21. (51.23X) Updated GCMA “Brown List”
22. Reason Prevails: GCMA Master Mariner Wins in Federal Court after Coast Guard ALJ Wrecks His Career. Capt. Joseph J.
Kinneary, Ph.D., NMA Director. NMA Reports #R-204, Rev. 4, Chapter 13; #R-204-E. Related article by Thomas Zambito, N.Y.
Daily News is attached. NMA Report #R-315-C.
GCMA Newsletter #50 – August 2007
1. (50.6H) Maritime Judiciary Under Fire. By Robert Little, Baltimore Sun. Lawmakers seek to take administrative court system
away from the Coast Guard. Rep. Elijah E. Cummings. Rep. Steven C. LaTourette. Former ALJs Jeffie J. Massey, Rosemary
Denson, Peter Fitzpatrick. Professor Abraham A. Dash.
2. (NL#50,p.2) GCMA Attended the ALJ Hearing and Comments for Our Readers. By Capt. Richard A. Block. NMA Report #R429-J provides our Association’s background in dealing with the ALJ system. Persons attending or testifying at the hearing
included J. Mac Morgan, Esq; Robert Little; Ms. Claudia Boudreaux (and her concern with NMA Report #R-436, Rev. 3;) former
ALJ Rosemary Denson and background NMA Report #R-396; former ALJ Jeffie J. Massey; former ALJ Peter J. Fitzpatrick.
NMA believes the USCG should no longer be allowed to appeal adverse decisions of its own ALJs as per our comment to Docket
#USCG-2002-12578. NMA Reports #R-315-C, Rev. 1 and #R-204, Rev. 4.
5. (50.5U) MM&P Testifies Before Congress on TWIC. Source: IOMM&P. General criticism of TSA and TWIC offered to and by
Congress at hearing.
6. (50.7A) GCMA Invited to Testify at Congressional Hearing. By Richard A. Block. NMA Reports #R-442 & #R-350, Rev. 3
Written testimony.
9. (50.1A) Chief Engineer Glenn Pigott Reappointed to MERPAC. NMA Director. NMA Report #R-428, Rev. 1 & R-279, Rev. 8.
9. (50.3A) Coast Guard Stamp of Approval. By Capt. Joel Milton, Workboat. USCG Equipment Approval Procedures. Criticism
of the approval process. USCG marine safety people have forgotten their roots and lost their way. Example: Life-Safer’s
Personal Retriever. Problems encountered by Paul Driscoll are examples of problems that permeate the system.
10. (50.2B) Dangerous Barge Loading Practices. New barge crumples while being loaded. Our file #M-626. NMA Report #R-426,
Rev. 1. Full regulation of 17,000 dry-cargo and 4,000 work barges should become part of regulating the towing industry. Barge
buckled and then disappeared from the tow. Our file #M-578. +NMA comments.
11. (50.9N) Cold Water Immersion. Capsizing of Small Passenger Vessel Taki-Tooo with 11 fatalities. Our file #M-423. Transport
Canada, Survival in Cold Waters, Staying Alive. Stages 1 thru 4 described. Paul Driscoll, former USCG BMCM and NMA
Director, recommended article.
12. (50.13A) Rise of the Cajun Mariners. Book by Woody Falgoux. Book review.
12. (50.15M) New Mississippi River Map Book. Announcing publication of 2007 USACE flood control and navigation map book of
the LMR from Cairo, IL, to Mile 0 AHP. Book will be used as source for new western rivers questions on USCG exams.
13. (50.16K) Inconsistencies Continue at USCG RECs. By Capt. Paul McElroy. Inconsistent REC Policies.
13. (50.16Y) Regulated Navigation Area. USCG announcement. Check-in procedures in vicinity of LMR “81-mile” point.
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13. (50.20B) Mariners Still Report Problems With Their Credentials. NMA Reports #R-428-D & #R-428-D, Rev. 1. (Note: Our
Association brought these two reports to the attention of Congress at a public hearing.)
14. (50.19V) Bumble, Stumble & Fumble. By Capt. David Whitehurst, NMA Director. Correcting the record of the sinking of the
M/V Polaris in a letter to the editor of the WJ. (NL#31, p.2). (NL#41, p.2).
15. (50.14F) USCG Proposed Medical NVIC. Source: IOMM&P. NVIC will generate unnecessary costs for mariners and health
plans. Unions are working to alert and protect all mariners by their actions.
16. (50.8M) NTSB Reports on ATHENA 106 – Miss Megan Construction Barge Accident. NTSB Report on Fatal Pipeline
Explosion. Our file #M-660. NMA Report #R-426, Rev. 1. Neither the work barge nor the tug was subject to USCG inspection.
OSHA and NTSB. NMA Report #R-429, Rev. 1.
17. (50.18Q) Uninspected Barges – We Alert Congress to a New Challenge Facing USCG Marine Safety Programs. Problems with
uninspected dry cargo and uninspected work barges. Letter accompanying NMA Report #R-426, Rev.1 to members of Congress.
Also see NMA Report #R-202-B, Rev. 3.
18. (50.4R) Foreign Seamen Charge Greed, Racism in Lawsuit Against Cruise Line. Source: SUP. Holland America Line. Filipino
mariners. Seamen Charge Greed, Racism & more.
19. (50.21Z) Coast Guard Boarding Tactics Arousing Alarm. By Jack Simpson, WJ Editorial. USCG Boarding Practices. USCG
being diverted from its marine safety mission to its security mission. (Note: This is a common theme that was constantly
monitored by DHS OIG.)
20. (50.11E) Coast Guard Polluters, Consider the Penalty. 2 articles. (55.17U). M/V Fidelio chief engineer pollution and false
logbook entries. Problems with OWS. NMA Report #R-444 submitted to Docket #USCG-2004-18939.
21. (50.12L) New & Revised GCMA Reports
21. (50.10C) Updated GCMA Brown List
GCMA Newsletter #49 – June-July 2007
1. (49.12Z) Everybody Wake Up. Mariners, Employers & USCG officers wake up!!! NMA Report #R-429-J. Correction: Not #R427-J. USCG abuses of the ALJ system. Baltimore Sun. 97% mariner conviction rate. J. Mac Morgan, Esq. USCG cover-up.
4. (49.8T) Rep. Cummings Questions Fairness – Records Bias in Coast Guard Courts. By Robert Little, Baltimore Sun. Rep.
Cummins on ALJ scandal.
5. (49.2B) The ALJ Scandal Expands: The Murray Rogers Case. By Richard A. Block. NMA Reports #R-204, Rev. 4, Chapter 12;
#R-429-P; #R-429-X.
7. (49.1U) Towboat Catches Fire on the Lower Mississippi River. By Capt. Chuck Marks. M/V Susan Cooney. Our file PH-43,
May 22, 2004.
8. (49.4G) NTSB Shows How Coast Guard Obstructs Preventive Maintenance. Examples: Small passenger vessels Express Shuttle
II; Port Imperial Manhattan; and Panther. Preventing (not) preventive maintenance. NTSB recommendations M-02-06; M-0205; M-02-9; M-02-10. The USCG “Just doesn’t get it” The NTSB doesn’t back down. Industry lack of participation in USCG
Streamlined Inspection Program and voluntary dockside examination programs for fishing vessels. 46 CFR §8.530. NMA
comments to NTSB.
12. (49.10P) Letters to the Editor. By Capt. Joe Kinneary on drug testing. By Capt. Bill Beacom on downsizing crews and
increasing responsibilities. By Capt. Frederick Hoppe, unlimited Master in a MarEx editorial on deterioration in quality and
performance of USCG Marine Inspection. (Note: Capt. Hoppe’s opinion was later validated by NMA Report #R-401-E, a 2007
report by retired USCG VADM James Card.). Reports of good service at REC Baltimore by Capt. Earl Wilson, BMC USCG,
ret’d.
14. (49.7U) GCMA Gives Feedback on USCG Mariner Licensing and Documentation Program. (Note: NMA Reports #R-428-D &
#R-428-D, Rev. 1 reflect the problems our mariners experienced with licensing as we reported to Congress.). “Assessment
periods” do not assess, rather they delay, deter, and punish a mariner a second time for the same offense. NMA Report #R-448,
Rev. 1. Mariner problems obtaining sea service letter from previous employerss. (Note: Statute amended by Congress in 2010,
see (73.2B). Moving NMC to WV did not solve USCG merchant marine personnel problems. Limited tonnage mariners are a
majority of US merchant mariners. NMA Report #R-353, Rev. 2. USCG computer problems in 1990s were serious as per NMA
Report #R-401-B. (Note: Opinion. There have been exceptional improvements in computer programming at the NMC since
2010.) Entry level training problems for deck and engine personnel reported in NMA Report #R-428, Rev. 1. RECs did poorly
transitioning from “old” to “new” towing vessel licensing regulations from 2001 to 2006. Critical comments by Andy
Hammond, former Chief of REC Boston.)
15. (49.5Y) MM&P Testifies on TWIC Card Before Senate Commerce Committee. Controversial program.
16. (49.3W) Coast Guard Stacks the Deck Against Our Mariners. GCMA filed petition opposing a new regulation that allows the
USCG to appeal an adverse decision by one of their ALsJ. Our file #GCM-61. Docket USCG #2002-12578. Cited “Capt. Ken”
case in NMA report #R-204, Rev. 4, Chapter 7. The USCG right to appeal cases they lose is one of their worst abuses of
merchant mariners. (Note: This offensive regulation, 33 CFR §20.1001, still exists today.).
18. (49.11V) New & Revised GCMA Reports.
19. (49.6G) Coast Guard and Merchant Mariners Are on Different Tracks Headed in Different Directions. (Note: NMA legislative
priorities appear in NMA Report #R-350. While these priorities changed as the years passed, the latest revision of these priorities
was Rev. 7 that appeared in 2013. That report reflected the fact that many of our requests for Congressional action were
honored in the USCG Authorization Act of 2010. Read (73.2B).
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19. (49.13J) Fraudulent License Leads to Jail. Follow-up Report. (NL#48, p.16). Expired license. Forgery. Mariner lied to USCG
officer.
20. (49.14T) The Ugly Face of Union Busting. By Tula Connell. Source. SUP. The high-paid world of union busting. How unionbusting works. Methods of coercion.
21. (49.15R) Loss of Propulsion Results in Serious Accident at Smithland L&D. Our file #M-562. M/V Capt. Bill lost power
entering lock. Questionable accident reports and investigation. USCG inattention to engineering problems on towing vessels.
+NMA comments.
22. (NL#49, p.22) Ring Buoys. By Paul Driscoll, NMA Director, President, Life Safer, Inc. Report on ring buoys from England.
American Lifeguard Association. Use of ring buoys on USCG cutters. Ring buoys not used for recovery.
23. (NL#49, p.23) Veteran Mariner Won’t Renew His License. By Capt. Robert O. Lee, Workboat. Supports Capt. Joel Milton’s
article, “Licensing SOS, Part 1.”
23. (49.16X) Six-Long Tows and the Seaman’s Protection Act. By Tim Akpinar, Esq. Workboat. Seaman’s Protection Act protects
seamen from being fired for refusing to perform duties ordered by the employer if the seaman believes it would result in serious
injury to them, other seamen, or the public. Six-long tows are a threat to all. Gwin vs. ARTCO.
23. (49.9L) Current GCMA Brown-List.
GCMA Newsletter #48 – May 2007
1. Should the Coast Guard Continue to Regulate Merchant Mariners. By Richard A. Block. ALJ Scandal. Why must ALJs always
rule in favor of USCG at S&R hearings? NMA Report #R-204, Rev. 4. 110-ft. USCG patrol boat scandal. (89.7H). (73.5E).
(63.18V). (55.24G). (54.13C). Fast response cutter development failure. USCG merchant marine personnel failures at RECs
and at NMC. NMA Reports #R-428-D; #R-428-D, Rev. 1.
3. The Coast Guard’s “Small People With Large Power Syndrome” Dishonors our Mariners. By Richard A. Block. Chief ALJ
Ingolia’s “unwritten policy.” NMA Report #R-204, Rev. 4, Chapters 7 & 15. NMA audited many ALJ hearings. NMA Reports
#R-399; #R-204-E. ALJ Massey. ALJ Denson. ALJ Fitzpatrick.
5. Reader Comments: Remove the Coast Guard From Licensing, Inspections, and Investigations. Opinion. +NMA comments.
6. Coast Guard Performance is a Paradox. by Jack Simpson, WJ editorial. Cites Capt. Joseph Kinneary’s case heard before ALJ
Fitzpatrick. NMA Reports #R-204, Rev. 4, Chapter13; #R-204-E.
6. Book Review: The Good Lord Hates a Coward. Book review by Jim Maloney. (Note: The book by Capt. Joseph Kinneary now
appears as NMA Report #R-204-E, a gift to NMA by the author. Capt. Kinneary became an NMA Director and is now a Director
of the National Mariners Historic Trust).
7. On the Water: Licensing SOS. By Captain Joel Milton. Mentions NMA Report #R-428-D that we submitted to Congress. (Note:
Our Association also submitted NMA Report #R-428-D, Rev. 1 as written testimony at a Congressional hearing on July 9, 2009.)
8. GCMA Welcomes Admiral Brian Salerno as New Advisory Committee Sponsor. Letter to the Admiral reviews our Association’s
participation in MERPAC, TSAC & NOSAC and current projects. Chief Engineer Glenn Pigott, Capt. Roland Rodney, and Capt.
Joe Dady actively participate as members of federal advisory committees. NMA Reports #R-428, Rev. 1; #R-279, Rev. 8 among
other enclosures provided to the Admiral.
11. The Coast Guard Bureaucracy Allowed Sea Service Letters to Become a Perpetual Problem. By Bruce A. Fizell. Review (73.2B)
where 46 USC §7502 was amended to require employers to provide records of sea service to both USCG and to mariners on
request or face a $5,000 civil penalty. Our file #GCM-78. (Note: All requests by NMA to employers on behalf of mariners
subsequent to this amendment received satisfactory responses.)
12. Travel Time Must Be “On-Duty” Time. By Captain David C. Whitehurst, NMA Director.
13. Loaded Trash Barge Flips 25-Foot Towboat Drowning Deckhand. By James A. Quirk, Alex Biese, and Margaret F. Bonafide,
Asbury Park (NJ) Press. Towing vessels less than 26-ft are uninspected and will be exempt from future inspection. Stabilityrelated accident. (NL#24, p.9)
14. Another Bridge Damaged by Barge Crane Accident. McTeer Bridge, Port Royal, SC. NMA Reports #R-293-A, Rev. 3; #R-293B, Rev. 8.
14. Reader Comment: The Coast Guard Should Tell Congress How Badly it Screwed Up. By Capt. Paul McElroy, Marine
Education Consultant. Comments on various aspects of credentialing with comments on ALJ lawsuits.
16. Sleep-Aid Accidents. These articles supplement (NL#47, p.4).
16 Mariner Sentenced to Prison Following Towing Accident. Source: DoJ. Gary O. Burnham and Tug Margaret Ann sank in
Calumet Harbor, IL. (49.13J).
17. TWIC Identity Card Program on Indefinite Hold. Source: IOMM&P.
17. Coast Guard Establishes Mariner Website. Source: USCG
18. Mariner Consultation Services, LLC.
18. New & Revised GCMA Reports.
19. When Industry Cuts Its Own Deals With the Coast Guard. USCG displayed the backbone of a jellyfish in dealing with industry
trade associations. Examples given.
19. Updated GCMA Brown List
GCMA Newsletter #47 – April 2007
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1. Oops. M/V Kacie Luhr pushing 4 rock barges dumps 1,650 tons of rock into navigation channel. USCG MSU Port Arthur, TX.
Picture.
1. “ARTCO-Six” Mariners Prevail in Case Before U.S. Court of Appeals. Gwin vs ARTCO. Artco is a division of Archer-DanielsMidland (ADM). NMA Report #R-340, Rev. 9. Capt. Larry Gwin is an NMA Director. Suggested reading on ADM is The
Informant by Kurt Eichenwald. See picture on home page of NMA website.
2. Congressional Observations on Recent Coast Guard Activities. Incompetent management of USCG deepwater project. Rep.
James L. Oberstar. Rep. Elijah E. Cummings. Our file A-1080. DHS Reports #OIG-07-23 (NMA Report #R-401-D) & #OIG07-27.(NMA Report #R-401-F).
2. More Coast Guard Personnel Screw-Ups and More Sunny Promises. USCG press release on 50 missing mariner files lost in
transit to NMC by FedEx. We never received a reply to our inquiry. REC New Orleans moves to new site in Mandeville, LA,
after previous site flooded in Hurricane Katrina. Another restructuring of Mariner Licensing and Documentation program at
Kearneysville, WV. (Note: The NMC eventually moved from Arlington, VA, to Kearneysville, WV, and finally to Martinsburg,
WV.)
4. Use of Prescription Drug “Sleep-Aids” Leads to Accident and Penalty. M/V Susan K pushing 22 barges collides with moored
vessel. Investigation shows the pilot fell asleep. Our file #M-629. The drug Ambien. Failed to seek medical waiver to take drug.
Received LOW.
7. Questionable Investigation Leads to Captain’s Letter of Warning. M/V Kathryn Watson allided with M/V Pat Salvaggio.
Damaged “101 valves” hindered attempt to go astern. No licensed engineer. Training for limited engineers is important.
Captain accepted LOW. High cost of license defense for mariners made “settlement agreement” with USCG necessary. 46 CFR
§5.29, negligence. Our file #M-658. NMA Reports; #R-428, Rev. 1; #R-429, Rev.1 ; and #R-204-C, Rev. 6.
8. New and Revised GCMA Reports.
10. Towing Safety Advisory Committee Meets at the MEBA School. TSAC. Reviewed draft of proposed towing vessel inspection
regulations. (Note: Proposed regulations were not issued until August 2011, 4 years later.) Topics discussed at meeting
included: Third-party inspectors; Lifesaving; Horsepower; Training Apprentice Mates/Steersmen to be Pilots. Accident
investigation of death of Joseph Hulen on ACBL towboat Wally Roller; Public comments by GCMA.. NMA Reports #R-428, Rev.
1; #R-428-D; and #R-340, Rev. 9.. Assessment periods, NMA Report #R-448, Rev. 1.
11. Pain in the Gas. By Aaron Porter, Professional Boatbuilder. Problems with ethanol in gasoline used by outboard motors on
rescue boats as well as recreational vessels. Article by Dan Crete, instructor at Mass. Maritime Academy. MTBE. Clogs and
deteriorate in-line fuel filters.
14. Coast Guard is Out of Touch With Our Mariners. By Capt. Paul McElroy, retired maritime educator. NMA Report #R-428-D.
USCG licensing program shortcomings. Fingerprinting fiasco. User fees. Exam questions. Problems with approved courses.
TWIC boondoggle.
16. More Small Passenger Vessel Problems. Source: MarineLog.com. Termination of voyage of overloaded vessel. Christine
Ferretti, Detroit News. Ethan Allen accident on Lake George, NY. Picture. (NL#46, p.15). (NL#45, p.21).
17. GCMA Responds to Article in Maritime Executive Magazine. NMA letter to Editor Joseph Keefe. Separation of upper-level
mariners from our lower-level (i.e., limited tonnage) mariners. Common mistake to overlook the small boats for the big ships.
Shortage of limited tonnage mariners. NMA Report #R-428-D. Lower-level mariners are tired of being dumped on. Time to take
NMC away from the USCG.
18. It’s Time to Reinvent the Coast Guard’s Appeal Process. By Richard A. Block. The formal appeals process takes too long – 7
years. “Delay” is the best term to use for trying to work through the USCG formal appeals process. Examples. System has been
unresponsive.
19. Comments on Maintaining a Proper Lookout and Electronic Charting. By Capt. Larry P. Gwin, NMA Director. Maintaining a
proper radio watch. Distracted by pilothouse electronics. Electronic charting. Example: misuse of electronic charting in open
waters. Example: Tug North Service grounds tank barge Energy 5501. Our file #M-513. Solar energy bursts can affect GPS.
20. “Employee Free Choice Act of 2007” Introduced in Congress. By Harley Shaiken. Source: SUP. Stronger unions mean a strong
U.S. middle class. Joining a union has become a risk rather than a right. +NMA comments and background of OMU and Pilots
Agree.
21. Recommend Mariners Subscribe to CEMS Newsletter On-Line. Sleep. Fatigue.
22. USCG “Getting It Wrong” on Shore Leave. Source: Apostleship of the Sea. Misinterpretation by USCG of shore leave
provisions in ISPS. Access fees. U.S regulation needs to be rewritten to provide adequate access for mariners.
22. No Liability Limit in Staten Island Ferry Case. Source: MarineLog. Federal judge rules that New York City cannot limit its
liability because they were negligent in enforcing safety measures that would have affected the fatal crash.
23. GCMA Asks About the Webbers Falls Bridge Accident – Again. Letter to USCG hearing office in Arlington, VA. Docket
#USCG-2002-13594. Was the Captain on duty or not before taking command of the vessel immediately following his 1000+ mile
road trip? Did he violate 46 USC §8104(a)? NMA Report #R-370-A, Rev. 2.
23. British Plan Smoking Ban on Ships & Inland Vessels. Source: Marine Log. British gov’t plans to ban smoking on inland and
seagoing vessels operating in the UK regardless of flag. NMA Reports #R-341, Rev. 4 and #R-341-A.
24. Accident Highlights Use of Whistle Signals. Collision on Ohio River between M/V Paul Striegel and M/V Mary Artie Brannon.
Settlement agreements. Our file #M-520.
24. Merchant Mariner Credentials Improvement Act of 2007. Bill under consideration in House of Representatives.
26. Letters of Appreciation. Letters to GCMA by Mariners #29 and #64.
26. MM&P Advocates Limits to Voyage Data Recorders’ Role. Source: IOMM&P. Comments submitted in response to a DHS
43
study.
27. Merchant Mariners Have Been Dishonored. Letter to the Editor of Workboat by Richard T. Gancel, former Chief Engineer.
Opinion. USCG personnel management for the merchant marine has floundered and is at best a ship adrift with no rudder, no
compass, and no captain at the helm. +NMA comments.
27. Updated GCMA Brown List.
GCMA Newsletter #46 – March 2007
1. Mariners Demand Change. Incompetent RECs cripple the industry. 84-hour work weeks in hazardous conditions. 1353 towing
vessels in a fleet of 6,200 sank, flooded, or capsized and another 494 vessels burned in a 12-year period according to USCG
statistics. NMA Report #R-351, Rev. 1. Mariner retention. NMA Report #R-428, Rev. 1. Training. Labor law and safety
regulations. NMA Report #R-202-E. Your identity as a “lower-level” (i.e., limited-tonnage) mariner. IBU.
2. United Mariner “Reports From Mariners” on Regional Exam Centers. By Capt. Joe Dady, NMA Director, Member of TSAC.
NMA Reports #R-428-D and #R-428-D, Rev. 1. Reports air various mariner complaints with RECs Toledo and New York.
“Ancient mariner” comments added. (Note: Both NMA reports were forwarded to Congress prior to a hearing that dealt with
the NMC.)
6. GCMA Assails Coast Guard on Merchant Mariner Personnel Issues. We recommend to the Commandant that licensing be taken
away from the Coast Guard. NMA Reports #R-428-D and #R-428-D, Rev. 1.
7. Admiral Bone Answers GCMA Questions on Mariner Training Issues. Admiral responds to our letter at (NL#44, p.5) on mariner
training issues. Apprentice Mate/Steersman training. MERPAC Task Statement #55 and engineroom training. NMA Report #R428, Rev. 1. NOSAC Liftboat working group projects. Shortcomings in USCG licensing program for towing vessel officers – 8
examples. Need to change organizational structure of TSAC. (Note: TSAC membership was changed by Congress in 2010. Read
§621 in (73.2B) + NMA comments.
9. UK Study on Merchant Mariner Fatigue Contains Lessons for our Mariners. Source: IOMM&P. Our file A-772N. Cardiff
Research Program. +NMA comments.
10. The Numbers Game: How Much Sleep Is Enough. NSF as reprinted in USCG CEMS Newsletter. Even USCG abuses work
hours of their own personnel. NMA Reports #R-304, Rev. 2 and #R-305, Rev. 1.
11. New Study Urges Holistic View of Merchant Mariner Fatigue. Source: Fairplay. Lloyds of London found that fatigue-inducing
working conditions may lead many young seafarers to leave the sea. Our file A-772N. Cardiff Research Program.
11. Licensed Master Dies When Tank Ship Runs Over Crewboat. 784-ft. Tankship Genmar Strength collides with 101-ft. crewboat
Rene 1. Sabine Pass, Tx. Our file #M-564. Investigation conclusions. Lookout ordered from his post. Incorrect whistle signal
sounded by tankship pilot.
13. Coast Guard Blunder Costs Mariner $18,000. Another license application mishandled. NMA Reports #R-428-D and #R-428-D,
Rev. 1.
13. Richard Plant Comments on Coast Guard Medical Guidelines and Waiver Policies. IOMM&P. Medical NVIC. “Continue on
this path and the U.S. will have the best regulated, non-existent merchant marine in the world.” U.S. mariners are overregulated.
15. Two Charged in M/V Ethan Allen Tragedy in Upstate New York. Stability problem for sightseeing tour boat. Our file #M-665.
Small passenger vessel Ethan Allen capsized in Lake George, NY drowning 20 passengers. Oct. 2, 2005. NTSB accident report
#NTSB/MAR-06/03. Lake George is not federal waters and vessel did not have to be inspected by USCG.
15. Thanks for the Legacy. Towing vessel Master is frustrated and angry with his towing company.
16. The Great Escape Goat. By Editor of towboater.com website. Opinion. Details failure of an anonymous small towing company.
18. Get Your Priorities in Order. Source: IOMM&P. Importance of keeping a lookout. UK accident. Watch officer fell asleep.
NMA Reports #R-207, Rev. 1; #R-207-A; #R-207-C; #R-207-D.
18. Unions Jointly Call for Reasonable Access by Crewmembers to U.S. Ports. Source: IOMM&P. ISPS. Vessel access. Many U.S.
port facilities and terminals put inflexible access measures in place making it virtually impossible for a crewmember to leave and
return to his ship while in port. Profit making operations require mariners to pay a fee for escort services to the terminal gate.
19. Coast Guard Cites Towing Vessels With Improperly Licensed Officers. Our files M-666 thru #M-669. Examples.
20. Love it or Hate it: Here is the Straight Poop on the TWIC. Source: IOMM&P. Article highlights 109 pages of regulations. DHS
TSA Final Rule at 72 FR 3492-3601, Jan. 25, 2007.
21. Comments From Our Readers. (NL#45, p.28). NMA Report #R-428-D. Late and missing pay.
21. Towing Vessel Licensing. Opinion. Towing vessel interim licensing regulations published on Nov. 19, 1999 imposed significant
changes on both individuals and operating companies. New towing licenses will be hard to come by. Towing companies may not
be able to hire towing vessel officers in sufficient numbers. License problems. NMA Reports #R-428-D and #R-428-D, Rev. 1.
22. Coast Guard Defends New National Security Cutter Before Congress. NMA Report #R-401-C.
23. Help Save Our Ditch. By Capt. David C. Whitehurst, NMA Director. Letter published in WJ. Protecting the GIWW. Message
directed to towboat pilots using this 1000-mile waterway.
24. New and Revised GCMA Reports.
28. GCMA Follows “T-Boat” Theft in Key West. Part 1. NMA Report #R-456, Rev. 1. (Note: Jury trial related to the theft of Robert
Krutko’s small passenger vessel was held in Columbus, OH, in Feb. 2016).
29. Updated GCMA Brown List.
44
GCMA Newsletter #45 – January 2007
1. Liftboat Accident in the Gulf of Mexico. Picture (correct title to read LIFTboat not Lifeboat.) Liftboat Juan. Our file #M-672.
Unsafe use of life floats in 59°F water instead of out-of-water lifesaving equipment as recommended by NTSB. (73.2B). NMA
Report #R-363. (Note: Congress remedied this matter in §609 of USCG Authorization Act of 2010 but reneged in 2015.)
2. Liftboat Sailor: GCMA Director Mark Blackman Takes his case against Former Employer to Federal Court. Potable water.
Poor sanitation. Sexual harassment. Captain took an unseaworthy vessel to sea. Captain finally issued a LOW. Reports to
USCG, OSHA & EEOC. Most results were unsuccessful. NMA Reports #R-395, Rev. 4; #R-395-A, Rev. 1; #R-455, Rev. 6.
5. Mariners Come Down Hard on Poor Customer Service at Coast Guard Regional Exam Centers. Letters from mariners collected
in NMA Reports #R-428-D and R-428-D, Rev. 1 and later delivered to Congress.
7. New York REC Damages Mariner’s Career. New York was an especially difficult REC for mariners to deal with.
9. Waltzing Mathilde. Tugboat Mathilde sank in Gulf of Mexico while carrying 2 tons of deck cargo. REC problem. Claims of past
sea service were farmed out to REC San Francisco following Hurricane Katrina. Typical USCG screw-up when nonprofessionals at RECs try to re-review items approved on previous applications. Ancient mariner comment.
11. Protecting the Mariner. Do I Really Need License Insurance. By Brent J. Allison, Esq. Licensed OSV mariner and oil tanker
mate says: “You must protect and defend your livelihood at your own expense – but you can plan for it in advance.” NMA Report
#R-204-C, Rev. 6.
13. GCMA Points Out Significant Mistakes in the Designated Examiner Program to Train Towing Vessel Officers. NMA Report #R383, Rev. 3. TOAR. DE approval letter. GCMA (unsuccessfully) appeals USCG restricted access to DE contact list. Critical
shortcomings in DE program. Examples.
16. The Enforcers. FOIA request for statistics showing licenses and MMDs surrendered or revoked since 1998 on drug and alcohol
charges. Table is based on annual reports from 1991 thru Aug 1, 2006. Total S&R = 10,318.
17. America’s High Anxiety. By Mortimer B. Zuckerman, U.S. News & World Report. Opinion. Middle class and working families
don’t feel they are getting ahead despite working very hard.
18. Fender Bender Worth $141,000. By Laura Elder, Galveston Daily News. Damages caused by tugboat Jacob B. to Galveston
Causeway fender system.
18. OSV Slammed Into Unlit Platform and Sank. Crewboat Taylor Catherine hits abandoned platform. Our file M-595.
19. Death of Crewmember on Offshore Supply Vessel. OSV crewmember struck by recoil of tie-up line when bitt on platform broke
free. M/V Pecos River. Our file #M-633.
19. GCMA Petitions to Modify 100-Ton Towing License Restriction Under 33 CFR§1.05-20. (NL#44, p.10). (Note: Our petition
eventually made its way to TSAC where a compromise was reached.) Our petition and Delta Towing Company’s petition.
21. The ETHAN ALLEN Accident Contains a Stability Lesson for All Mariners. Our file M-665. N.Y. State inspected vessel. No
longer USCG inspected. Excerpt from NTSB report. Vessel was overloaded with passengers. Sinking left 20 fatalities.
23. Vessel Capsizing Focuses on Practical Stability Issues. Canadian fishing vessel. USCG stability letters. Considerable effort of
USCG to explain stability issues to U.S. commercial fishermen. Important that towing vessel personnel (and other mariners) to
understand basic stability issues.
24. Bitts and Pieces. Various items including: Radar endorsements. Lookouts and failure to maintain a proper watch – NMA
Reports #R-207, Rev. 1; #R-207-B; #R-207-C. Pollution penalty. Structural problems sideline USCG 110-ft patrol boats – NMA
Report #R-401-F.
25. Coast Guard Establishes Mariner “Helpdesk”. USCG announcement. Ancient mariner comments.
26. Final Farewell to the First Generation EPIRBs. New Category 1 & 2 Epirbs replace Classes A, B, & C Epirbs. New units must be
registered with NOAA.
26. Report All Groundings. Even “soft” groundings. Failure to report a grounding may result in a LOW that must be explained at
your next license renewal.
26. Barge Sinks Family’s Live-Aboard Houseboat on Illinois River. By Joe Hosey, Sun-Times News Group and by Capt. David C.
Whitehurst, NMA Director. Barge under tow destroys family’s houseboat home. Controversial USCG public relations.
Compare to NMA Report #R-399.
27. A Tribute to President Gerald Ford – A True Hero to the American Merchant Marine. Source: IOMM&P. Recalls 1975 SS
Mayaguez incident.
28. Mariner’s Pay Shorted. By David C. Whitehurst, NMA Director. 46 USC §10313.
28. Captain Reports Bad Potable Water in Freshwater City, LA. NMA Report #R-395.
29. Mariners and Technology. Letter by CDR Jerry Torok, USCG, differs with WJ editorial on electronic charting. AIS. ECS.
Buoys. GPS. Radar.
29. Mariner “Tells it Like it is” to His Employer. Opinion. Edited. Western rivers background. Covers safety, environmental,
technological, health and industry issues.
31. New and Revised GCMA Reports.
31. Latest TWIC Poop. Source: IOMM&P. Summarizes 469 pages of a Federal Register final rule document.
32. Updated GCMA “Brown List.”
GCMA Newsletter #44 – November/December 2006
45
1. Captain David Whitehurst Speaks at New Orleans WorkBoat Show. NMA Director. Photograph. Mariner deaths. Loss of
dignity and respect. Inland towing accidents. Oversize and overloaded tows. Travel time is “on duty” time. Where the workday
never ends. Ways to retain crewmembers. NMA Reports #R-428-B, Rev. 1; #R-351; #R-351-A, Rev.1; #R-352; #R-340, Rev. 9;
#R-341, Rev. 4 & #R-341-A; #R-370-A, Rev. 2; #R-370-D, Rev. 7; #R-395, Rev. 4; and #R-437.
5. GCMA Challenges Coast Guard on Mariner Training Issue. Letter to RADM Craig Bone. NMA Reports #R-428, Rev. 1; #R-417,
Rev. 1; #R-428-A.
6. Ostriches Face Reality. By Captain Bill Beacom. Letter published in WJ. Comments on management in the towing industry.
Recruiting. Training. Rest. Fatigue. Personnel problems repeatedly ignored.
7. Editor Introduces “Ancient Mariner” Comments. Informed background is behind these comments.
7. Congress May Protect Seaman’s Shoreside Access.
7. Mariner Credentials to Display New Identity Number. (Note: However, the former “issue #” found on licenses no longer exists.)
7. Al Cornett (1914-2006). Obituary of maritime labor leader ILA Local 333.
8. How to Harass Licensed Mariners Right Out of the Marine Industry. Example of our Association working to solve another post
Hurricane Katrina problem with mariner licensing. Ancient Mariner comments.
10. GCMA Asks Commandant About 15-Hour Workday as Public Policy. AWO approves the 15-hour day for unlicensed personnel.
Our letter + USCG response = no resolution. Letter leaves it unclear if USCG Commandant intends to address this issue as part
of the towing vessel inspection rulemaking. (Note: Later , the USCG decided not to address hours of service as part of the towing
vessel inspection program as Congress clearly intended.) NMA Reports #R-276-K, Rev. 4;# R-370-L, Rev. 1.
10. Tugboatmen Forced to Contend With Asinine Licensing Regulations. Problems for mariners holding 100-ton towing
endorsements. Ancient mariner comment. (NL#45, p.19).
15. Under the Bridge. By Capt. Joel Milton, Workboat. Pre-voyage planning. Air draft. Overhead clearance. NMA Report #R-293B, Rev. 8.
16. Experienced GCMA Mariner Recounts the Trials and Tribulations of Renewing His License. Capt. Ben Bennett. Ancient
mariner comment. Previous reports of substandard licensing service reported to the WJ in 2001. (Note: Capt. Ben Bennett
passed away in 2014).
18. GCMA Comments on USCG NVIC on Medical and Physical Guidelines. NVIC 04-08. Medical NVIC. USCG requested public
comments on this “guidance” document. NMA letter to Docket #USCG-2006-25080.
20. Towboat Captain Highly Critical of AWO and Phony Drills. By Capt. Gary Hensley. Letter to Commanding Officer, NMC.
+NMA comments. NMA Report #R-276, Rev. 9, items #13 & 62. +NMA Comments.
22. Denied Safe Harbor. By Captain David C. Whitehurst, NMA Director. Baytown, Tx, highlines. (Note: This was a warning of
what could happen and did in (our file #M-839) where the UTV Safety Quest and its 3-barge tow rammed a high voltage electric
transmission high-lines tower in the Houston Ship Channel Oct 3, 2010.)
22. M/V Zeus Knocks Out Bayou Sorrel Pontoon Bridge. Kirby Marine. NMA Report #R-361, Rev.1, p.5. Article reviews this
accident in regard to the community it isolated in detail.
25. New and Revised GCMA Reports.
26. The Real Advantage of License Defense Insurance. Example. Ignorance of USCG regulations. Couldn’t afford a lawyer. Never
questioned the settlement agreement and simply accepted S&R. NMA Report #R-204-C, Rev. 6.
27. “Life on the Mississippi” Training Available. Training course available at L.E. Fletcher Technical College (LAMPI).
28. Additional Comments on TWIC. By Joel Milton, Workboat. Also, letter to DHS Secretary Chertoff by Gunnar Lundeberg, SUP
President.
28. Harbor Tugs and the One-Watch System: The Coast Guard Response. (NL#43, p.2). NMA Report #R-370-H. 12-hour rule. 46
USC §8104(h). GCMA petition on logbooks at Docket #USCG-2002-1258 and at (NL#3B, Item 3B-11)1.
29. If It’s a Job Worth Keeping, It’s a Job Worth Fighting For. By Steve Stallone, The Dispatcher. ILWU. IBU. Alcatraz Ferry.
National Park Service. Hornblower. Alleged unfair labor practices.
30. An Angry and Frustrated Mariner Writes to the Commandant. Capt. Bill West, NMA Director. Ancient mariner comment.
TOAR. Details problems with RECs and NMC.
31. Comments on A.I.S. By Capt. Larry P. Gwin, NMA Director. (NL#47, p.19).
31. Napping – It’s All the Rage. Source: NSF. A habit of successful people. Napping and the biological clock. Benefits. Cat
napping. Length. Strategies. Night shift workers.
33. Calling All Mariners: Report Licensing Problems. Advice: Steps to take to resolve your complaints.
33. Updated GCMA “Brown-List”
GCMA Newsletter #43 – October 2006
1. Gruesome Towing Vessel Accident Claims Six Lives. Our file #M-660. Fire aboard construction barge Athena 106, West Cote
Blanche Bay, LA, Oct. 12, 2006. NTSB /MAR-07-01. Uninspected construction barge and tug M/V Miss Megan were
incinerated. Because of the uninspected nature of the tug and barge, OSHA was lead investigative agency. NMA Reports #R202-B, Rev. 3.;#R-202-C, Rev. 2; #R-210-A.; #R-301; #R-426, Rev. 1..
2. Harbor Tugs and the One-Watch System. NMA Report #R-370-H. One-watch system violates the 12-hour rule. Lack of USCG
enforcement. Enforcement should rest upon accurate logbook entries. (Note :Although Congress provided the tools in §607 of
the USCG Authorization Act of 2010, the USCG failed to follow up with supporting regulations and logbook policies.) 46 USC
46
§11304. (73.2B) (NL#3B, Item 3B-11)
4. Top Coast Guard Brass Taken for a Boat Ride. Our letter to Capt. Sharon Richey, Commanding Officer, Sector UMR citing a
number of our reports we believe she should (have been) aware of before conducting this VIP tour. Our article cited a number of
specific NMA Reports.
5. Throw-Away Mariner – A Horror Story from REC New York. One of many complaints from mariners forced to deal with REC
New York.
6. GCMA Letter to Commandant Allen: Should AWO’s 15-Hour Work Day Become Public Policy? Letter to USCG Commandant.
Enclosures to the Commandant included NMA Reports #R-370-G, Rev. 1; #R-412, Rev. 1; #R-370-A, Rev. 2; #R-417, Revisions 1
&2. Reply to our letter at (NL#44, p.10).
7. More Fallout Over TWIC. Problems with TWIC develop.
7. Unfairly Terminated: Mariner Reports Unsafe Conditions on His Boat to GCMA. M/V Jillian Morrison, an old converted OSV,
was used as a diving support vessel. Unsafe practices detailed in reports to USCG. USCG 2003 Safety Alert. (Note: This
unseaworthy vessel would later explode and sink killing 2 workers). Our file #GCM-156. Dive Boat M/V Jillian Morrison with
33 persons aboard explodes in Gulf of Mexico with 6 injuries, March 12. 2008 15 miles south of Marsh Island. LA. NMA Report
#R-412-A, Rev. 1.
10. Wrongfully Discharged. By A Seaman’s Wife. Anonymity protects husband’s continued employment. Opinions expressed..
10. Random Exams of Towing Vessels Subject to MTSA Regulations. Source: Two USCG bulletins. Security compliance
examinations. Random unannounced boardings. GCMA Comment differentiates between a dockside examination and
unannounced boardings.
11. Physical Exam Guidelines Feedback for “Old Guys.” Older mariners may find it hard to comply with stringent new physical
requirements in the new Medical NVIC 04-08. NMA Report #R-440-A, Rev. 1.
12. How Clueless Coast Guard Harms Lower-Level Merchant Mariners. Editorial. Opinion.
15. Atchafalaya River Demonstration Channel Alignment Structure (DCAS). Edited version of part of a USACE public notice that
concerns local OSV and towing vessel officers using the Atchafalaya river below Morgan City, LA. Bayou Boeuf. Bayou Chene.
Projected 20 x 400-ft channel.
16. Coast Guard Investigation Finds Company Policy at Fault for Tow Grounding and $124,892 Damage. Our file #M-548.
Towboat Carl Cannon tow hits bank at Port Hudson, LA near LMR mile 254.9. Puts barge aground. Pilot reportedly fell asleep.
Inadequate rest. Violated 46 USC §8104(a). NMA Report #R-429-C, Rev. 1.
17. The USCG Appeal Process for Mariners is a Sham and Fraud. By Richard A. Block. Opinion. What can be appealed? Selected
regulations covering appeals. Changed regulations. (88.3C). (87.11K). (86.7K). (79.17S). (77.26B). (69.11L). (69.13N).
(63.11N). (61.20P). 56.4Y). (49.3W). (NL#47 p.1). (NL#47 p.18). (NL#45 p.13). (NL#24 p.5) NL#8, p.6).
21. Fall 2006 MERPAC Meeting. By Captain Bill West, NMA Director. Captain French, MD, USCG discusses controversial
medical waivers and disqualifying conditions. Estimated 10% of mariners on waivers would lose licenses and many more would
have to obtain medical waivers. Redesign of credentials. Father Sinclair K. Oubre, JCL, AOS discusses shore leave for mariners
amid security regulations. Upcoming STCW changes. (Note: Capt. French’s controversial work at the NMC would
underestimate the workload of his medical section and nearly caused the entire licensing system to overload and collapse several
years later.)
22. Important Information for 500/1600 Ton License Applicants. NMC responds to our letter on license exam policy. Subjects added
to exam.
23. Pleasure Boat Collides With Tow With One Fatality. Our file #M-573. Collision between barge pushed by M/V Leah Cenac and
cabin cruiser with one fatality. Operator error by recreational vessel. Failed to maintain a proper lookout. Passengers riding
on the bow.
23. Putting Out the Trash. By Richard A. Block. Stolen boat. Stolen truck. Licensed mariner failed to show up at his ALJ hearing.
Questions of drugs, alcohol, and responsibility.
25. New and Revised GCMA Reports.
28. GCMA Takes Aim at Oversize Tows on Gulf Intracoastal Waterway. Letter by Capt. David C. Whitehurst, NMA Director, cites
his experiences to District Commander RADM Whitehead and obtains his reply. NMA Report #R-361, Rev. 1.
30. They Didn’t Have to Die! American Marine Tragedies. By Capt. Ronald G. Sinn. Comments on the “Lady D” and “Ethan
Allen” accidents. NMA Report #R-432. Our files #M-628 and #M-665.
31. “Shoulders to Lean On.” Recognition of Ms. Claudia Boudreaux and her organization “Shoulders to Lean On.” Contact
information.
31. AWO Hijacked TSAC. By Richard A. Block. Letter submitted to WJ following TSAC meeting in St. Louis. Deprived all of its
mariners adequate representation on this advisory committee. (Note: We remain critical of AWO and its RCP where they allow
unlicensed personnel such as deckhands and unlicensed engineers to work 15-hour days). Includes our letter to RADM Bone.
NMA Report #R-417-A, Rev. 1.
32. Updated GCMA “Brown-List”
33. How Safe is the Towing Industry? NMA Reports #R-351, Rev. 1: #R-202-E. Need to improve the personal injury reporting
process. (Note: NMA Report #R-202-E on occupational and workplace safety issues including personal injury reporting remains
as an open report that the USCG is still evaluating in 2016.)
GCMA Newsletter #42– August/September 2006
47
1. Captain Robert Lansden Honored for Hurricane Relief Service. Capt. Robert Lansden, Esq. AMO. Receives U.S. Merchant
Marine Medal for his exemplary leadership.
2. Mariner Wins Contaminated Potable Water Lawsuit. Source: Jeff Bloomfield, Esq. & Brian S. Katz, Esq. Injured by Bitumastic
300M, a hazardous coal tar based product used to line potable water tanks of M/V Ann Peters, Teco Barge Line. U.S. District
Court, Western District of Kentucky, 5:04cv33-R. Chronic rashes expected to continue for30-40 years. Jury award $1M. §416
of Coast Guard & Maritime Transportation Act of 2004. NMA Reports #R-395, Rev. 4; #R-202, Rev. 5.
3. Captain Joe Dady Writes to Congress on Crew Endurance Management. By Capt. Joe Dady, NMA Director. TSAC member.
Letter delivered to 95 Congressmen. CEMS. USCG in partnership with AWO failed to address mariner fatigue as it relates to
marine casualties. There is little probability that new towing vessel inspection rulemaking will address hours-of-service issues.
AWO apparently is willing to do anything possible to keep the “hours-of-service” issue out of the rulemaking process by
supporting the existing “square watch” (i.e., 6&6)system. CEMS absence of recommendations for safe manning levels and workhour requirements. CEMS report sent to Congress circumvented studies connecting fatigue to marine casualties. Loopholes in
existing regulations allowed mariners to be exploited for years. AWO tight control of TSAC. CEMS is only a voluntary program
and is no substitute for regulations governing hours of service. Mariners have no advocate for working mariners’ position within
the USCG. Allegations that CEMS data collection was tainted. Review NMA Reports #R-201 and reports listed under CEMS in
Index “R”.
4. Accident Places Tennessee River Barge Traffic in Jeopardy. Source: Institute for Southern Studies. M/V Potomac, allision with
Wilson L&D, Tennessee River. NMA Report #R-207-B. (53.24R). Our file #M-659.
5. Mariner Resents Treatment Received at Regional Exam Centers. Source: Workboat. Mail bag letter by Capt. Richard F.
McCann. Civilian employees are blasé, arrogant, disrespectful, never answer the phone and seldom call back. NMA Report #R382. Fingerprinting requirements at 71 FR 2154-2167, Jan 13, 2006. +GCMA comments.
6. License Administrative Screw-up Costs Lower-Level Mariner $18,000. Source: Capt. Gifford D. Freeman. Failure at REC
Miami. General lack of responsiveness within the licensing system.
6. Another Deckhand Crushed Between Two Barges. Crewman falls overboard. Our file #M-624. M/V Modern Continent –
crewmember slips and falls overboard and is crushed between barges on Hudson River near Marlborough, NY, Jan 31, 2006.
7. Rogue Waves. Source: SUP & NY Times.
7. Captain David Whitehurst Comments on Coast Guard Investigations. NMA Director comments on NMA Report #R-429-A, Rev. 1
based on his experiences.
9. The Marine Casualty Investigations as they Affect Lower-Level Mariners: A Preview of GCMA Report #R-429. Timely and
accurate reporting of personal injuries has been deplorable. (55.11Q). NMA Reports #R-202, Rev. 5; #R-202-B, Rev. 3; #R-202E.
10. Q. What do the Response to Hurricane Katrina and TWIC have in Common? A. The Department of Homeland Security. Clark
Kent Ervin, DHS OIG, author of book “Open Target.” Final report of select bi-partisan committee to investigate the preparation
for and response to Hurricane Katrina titled “A Failure of Initiative.”
12. Transportation Labor Urges TSA to Fix the TWIC Program. Source: IOMM&P.
12. Seafarers Have Human Rights, Too! By Michael Grey. Source: Lloyd’s List. Advocate for normal shore access for merchant
mariners.
14. Python Eats CFR. Humor.
14. GCMA Comments to TSAC on Proposed Towing Vessel Inspection Regulations. We were critical of the TSAC Working Group
report and offered specific comments. NMA Reports #R-276, Rev. 9 and then #R-276, Rev. 10 as well as #R-276-A. (Note:
Proposed rules were issued 5 years later; Final rules were not issued in 2015.)
19. Towing Vessel Slams into Bridge Bulkhead Causing $265,000 Damage. Our file #M-584. M/V Tako Invader destroyed
bulkhead at East Park Ave. bridge in Houma, LA, June 20, 2005. +GCMA comments. (Note: Infrastructure repairs were not
completed as of May 2016, 10 years after the incident.)
20. Another Overhead Clearance Accident; Spud on Barge Strikes Wagner Bridge. Air draft. Our file #M-625. Towboat Cory
Michael towing spud barge strikes the Wagner Bridge (LA-45) at GIWW Mile 12 WHL on Jan. 14, 2006. NMA Report #R-293-B,
Rev. 8.
20. Is the Coast Guard Driving Nails in the Coffin? By Jack Simpson, WJ Editorial. Manning crisis on the rivers. Lengthy
apprenticeship. Extensive demonstration of skills above and beyond a check ride with a DE. Renewing licenses has become
more complicated and selective. New physical exam standards and potentially disqualifying conditions. Consolidation at NMC.
Closing the St. Louis REC.
21. Drilling Companies Will Not Be Allowed to Screw American Taxpayers. Source: AMO. Nabors Industries and tax exemptions
discussed.
22. House Hearing on Merchant Mariner Credentialing. Source: Doreen Badeaux. AOS.
22. Reply to GCMA Letter to Commandant about TWIC. Meaningless correspondence, but at least it was a reply.
23. It Can Happen to You: Sleep Go To Bed – No Problem. Wake Up to Big Problems. By Capt. David C. Whitehurst, NMA
Director. Relates experiences and the importance of license defense insurance. NMA Report #R-204-C, Rev. 6.
24. Towing Vessel Sinks While Under Tow. Our file #M-516, Sinking of tug Captain J W in Mississippi Sound, Dec. 2004. Vessel
was towed in exposed waters with 4 to 5-ft. seas. W/T doors. Questionable investigation of accident.
24. Administrative Civil Penalties. Review of file listing 697 USCG civil penalties from 1991 to 2004 obtained under FOIA.
Interesting. 46 CFR Subpart 4.05. USCG existing personal injury report collection process is unacceptable. NMA Reports #R315-D; #R-204, Rev. 4; #R-202, Rev. 5. Review our report in Docket #USCG-2004-12580. We urged Congress to expand 46
USC §10603 to require its application to all mariners and require a placard on each vessel and to require USCG to enforce
48
existing reporting regulations and civil penalties. (Note: Not accomplished by Feb. 2016.)
25. Towboat Loses Air Pressure and Hits the Bank. Our file #M-575. Grounding of towboat M/V Capt. Bear Ivey, LMR 882, June 2,
2005. NMA Report #R-401, Rev. 1.
26. GCMA Protests License Exam Changes not Supported by Changes in the Code of Federal Regulations. Our letter of protest to
the NMC Deck Team Leader.
27. Random Exams of Towing Vessels Subject to MTSA Regulations. Summary of information from two USCG bulletins on vessel
security plans.
28. Updated GCMA “Brown-List.”
GCMA Newsletter #41 – July 2006
1. ARTCO Captain Puts 10,500 HP Towboat Hard Aground Handling Oversized Tow. Our file #M-643. M/V Inez Andreas and
M/V Dan Mac Millan grounding of 36 barge tow (6X6) at UMR Mile 28, July 8, 2006, with damage to one towboat and several
barges. NMA Report #R-340, Rev. 9.
2. “Uninspected Means Neglected. Towboat Polaris Sinks in New Iberia Canal – Part 2. Find Part 1 at (NL#31, p.2.) Our file #M477. Boarding of M/V Polaris by USCG at Morgan City, LA, June 7, 2004. Our file #M-574. Towboat Polaris sank in New
Iberia Canal June 3, 2005 closing canal. Hull disrepair issues including use of “doublers.” Pollution issues. Logbook issues.
(NL#3B, Item 3B-11). This vessel operated for a long period without licensed officers. NVIC 7-68. Patched hull. USCG
investigation. Follow-up at (50.19V).
6. More Information About the Industrial Canal Disaster Site in New Orleans. Our file #GCM-161. Controversial grounding of
barge NG-4127 in the “Ninth Ward” after smashing the Industrial Canal levee in New Orleans during Hurricane Katrina.
(Note: The USACE project to deepen the industrial canal was interrupted by the hurricane. After the storm, the Mississippi River
Gulf Outlet (MRGO) was closed and the canal deepening project was abandoned. Lawsuits against USACE continued into
2015.)
7. Coast Guard Activates Rescue 21 System in Gulf States. USCG News release. Communications. SAR, marine environmental
protection and homeland security missions.
8. Mariners Greatest Mistakes. By Richard A. Block. Opinion. Discusses founding of GCMA. Rewards for mariners who join
unions. Spirit of cooperation. Non-union lower-level mariners are an invisible majority with no bargaining power and often
denied adequate entry-level training. Work mariners until they drop. Understand our History. GCMA / NMA is not a union and
cannot offer its members union membership. A career in this industry presents too many challenges for an individual mariner to
overcome without working closely with other mariners. NMA Reports #R-201; #R-201-A, #R-253; #R-276-K; R-302, #R-370,
Rev.4 and the entire #R-370 Series; #R-408 & #R-408-A.
10. GCMA Backs 2006 Surgeon General’s Report on Second Hand Smoke and Requests Support From Congress. NMA Reports #R341, Rev. 4; #R-341-A.
11. TWIC: Coast Guard Has Much to Learn from Their Past Mistakes With Our Lower-Level Mariners. Our letter to Commandant
Allen. Letter to DHS Secretary Chertoff. Our letters to the joint TSA/USCG dockets. Grandfather mariners with licenses and
MMD into the TWIC program. Criticism of USCG merchant marine personnel services. (NL#40, p.4). NMA Reports #R-382;
#R-403. USCG rulemaking staff must understand the industry including its limited-tonnage mariners before attempting to
regulate them.
17. Senators Try to Resolve Exxon Valdez Spill Settlement. Source: IOMM&P. Most maritime interests affected by this spill were
small fishermen and limited-tonnage mariners. Spill happened 17 years before and remained unsettled. An example of how “big
oil” treats the little guys.
17. Sloppy Accident Investigation and Even Sloppier Reporting. Our file #M-473. Towboat Charles Alfred sinks in San Antonio
Bay, TX, May 28, 2004 with pollution. Our file #M-556. Sinking of towboat David C. Duvall, April 4, 2005, Houston Ship
Channel, near beacons #53-54. Hours-of-service. Watchstanding. Insufficient manning for towing vessels in 24-hour service.
USCG pays very little attention to the causes of towing vessel accidents whether they claim lives or not.
19. Who is Responsible When a Steersman in Training Gets in Trouble? Our file #M-469. Towboat Ned Merrick, strikes Melville
bridge on Atchafalaya River, Dec. 30, 2003 and destroys tank barge CBC325. NMA Reports #R-383, Rev.3; #R-421; #R-207-D.
20. The Job Market. On the Guest Worker Program. By Ricky Dale O’Bryan. Opinion. +GCMA Comment.
20. First Class Pilotage on Western Rivers. USCG ended first class pilotage on the Western Rivers in 1996 because it was convenient
for them to do so. The story. The issue is dead and buried except for an appeal that took over 8 years to answer.
21. Anti-Mariner Bias Revealed in Coast Guard Accident Investigations. Article discussed allegations of the bias. 46 USC §6301.
46 USC §8104(a). USCG non-enforcement of laws and regulations. RADM Paul J. Pluta. NMA Report #R-279, Rev. 8. 12hour rule violations.
23. New and Revised GCMA Research Reports.
24. Updated GCMA Brown-List.
24. Conditional Medical Waiver. (NL#39, p.1)
24. Captain Joe Dady Comments on New Alcohol Testing Requirements. GCMA Director. Possible problems with alcohol in some
brands of mouthwash.
24. GCMA Directors Attend Industry Day Meeting at MSU Morgan City. Rootless REC New Orleans moves again. Licensing
problems affecting mariners using REC New Orleans were discussed. Richard Wells at REC New Orleans. We give Captain
Ernest Fink , Commanding Officer of the NMC an A+ for his effort.
49
GCMA Newsletter #40 – June 2006
1. I Told You So. By Richard M. Plant. Mariners are being dumped on. It is time for inland mariners to stand up together with one
voice. +GCMA Comments. Without money for GCMA Directors to travel to Washington and to other advisory committee
meetings, our mariners will have no voice.
1. National Maritime Day Celebrated on Monday May 22nd.
2. Foreign Seamen on U.S.-flag Vessels. NMA Report #R-334, Rev.2.
3. A Life or Death Decision. By Jan Clifford, the Houma Courier. Mistreatment of Honduran Seaman Dilbert Calix. Became ill
working on tug docked in Houma, LA. Needed surgery. Signed an employment contract. Was assigned to clean diesel tank with
inadequate PPE. Legal case to be decided by Federal District Court Judge. NMA Report #R-202, Rev. 5., Case #5 and review
other cases listed.
4. New Identity & Mariner Credentials. TWIC and MMC. Two new NPRMs on TWIC and Consolidation of Merchant Mariner
Qualification Credentials discussed.. (NL#38, p.17).
7. Where will it all end? By Capt. Gary Hensley. Medical NVIC. Crew shortages. Takes longer to become a Mate/Pilot than ever
before. Retaining employees is more difficult.
7. Reminder: New Drug and Alcohol Testing Regulations Effective June 20, 2006. NMA Report #R-315-D.
8. Pacific Maritime Institute’s 500/1600-ton Mates Program. Source: IOMM&P. USCG-approved program. Contact info.
8. American Obesity: Lady D Accident Exposes a Major Flaw in Existing Small Passenger Vessel Regulations. Our file #M-628.
Capsizing of U.S. Small Passenger Vessel LADY D, North West Harbor, Baltimore, MD Mar. 6, 2004. NTSB Report #MAR-0601. Docket #USCG-2005-22732. (NL#38, p.14). Stronger measures are needed to make it economically unprofitable to
overload a small passenger vessel. (Note: The impact of this accident affected many small passenger vessels whose passengercarrying capacity were subsequently reduced by new weight regulations affecting each passenger.)
9. How Botched USCG Investigations and Inconsistent Policies Threaten Our Lower-Level Mariners. By Richard A. Block.
Accident reporting. 46 USC §§6101 & 6103. CG-2692. Article cites examples: Our file #M-532. M/V Zeus and tow strikes
Bayou Sorrel Bridge, Port Allen-Morgan City Alternate Waterway, Jan 24, 2005. Our file #M-509. Allision between tow of M/V
Bob Helton and the Ellender Bridge at 0900 on 26 November 2004. Our file #M-579. M/V Lily M. Friedman allision with I-155
bridge near Carruthersville, MO June 12, 2005. Our file #M-425. Sinking of M/V Donald E. Clark, GIWW Mile 470, June 7,
2003
17. M/V Little Bob Halted by Formal Captain of the Port Order. Malfunctioning fire detection and general alarm systems. Captain
held inappropriate USCG license.
17. Bilge Slops, Oil Pollution, and Maritime Regulations. By Charley Havnen. Source: Maritime Reporter & Engineering News.
Educating mariners. The Oil Record Book (ORB). NMA Report #R-444, Rev.2. OWS. The USCG and industry.
19. The Sinking of the Marine Electric. Our file #M-012. Feb. 12, 1983. U.S. Bulk Carrier Marine Electric capsized and sank 30
nmi E. of Chincoteague, Va. NTSB Report-Mar-84-01. 31 fatalities. Winter storm. 25-ft waves. Wind 55 knots. Unseaworthy
with gaping holes in hull and deck plating after being inspected by USCG and surveyed by ABS.
20. GCMA Transmits Mariner Complaint and Alerts Coast Guard to Alleged Work Hour Abuse by Chevron Oil Co. Captain
threatened with being run off the job if he complained. USCG notified.
20. An Expression of Disappointment With the Existing System. By Captain David Whitehurst, GCMA Director. Comparison of
past hazardous liquid operations in 1970s with those in the 21st century. USCG continues to let the towing industry to move
unsafe, overloaded tows. When mariners complain, USCG tells them “we do not get involved in labor issues.” Blacklisting.
NMA Rep[ort #R-443. Personnel shortages. Small companies as well as mariners often are not heard in Washington. Surviving
as a working mariner and also reaching retirement age is very difficult. Crew van drivers are often unsafe. NMA Report #R-398,
Rev.2. 12-hour rule violations. NMA Reports #R-201; #R-201-A, #R-253; #R-276-K; R-302, #R-370, Rev.4 and the entire #R370 Series; #R-408 & #R-408-A. Oversize and overloaded tows. NMA Report #R-400, Rev. 8. AWO. RCP. SMS. Stress. NMA
Report #R-403. Fatigue. Poor diet. Reasons for lack of respect from deck crews. Insufficient manning. NMA Report #R-417-B.
23. Focus: Dog Bites. By Richard R. Kennedy, Esq. Legal aspects of being bitten by a dog.
23. Despite Some Bright Spots, Towing Industry is in “Emergency Room.” By Jack Simpson, WJ. Editorial. Unrelated events
converged to make it tougher for companies to operate towing vessels. More restrictive licensing requirements. TWIC. Higher
physical standards. More difficult to crew towing vessels. 100% background checks.
24. Assist the Inland River Record’s Editor. Industry cooperation makes for a more accurate reference publication.
24. Cruise Ship Captain Cited for Being Under the Influence of Alcohol. Foreign-flag cruise ship Mercury. 46 USC §2302.
25. Army Corps of Engineers Reply to Erosion at Bayou Sorrel Locks. Reply to Capt. David C. Whitehurst’s letter to USACE.
GCMA Director. NMA Report #R-361, Rev. 1. (NL#38, pgs. 20-21).
25. Eastland: Legacy of the Titanic. Book Review of a loaded passenger ship that rolled over at the dock in the Chicago River in
1915 drowning an estimated 844 passengers. A practical study of ship stability. Relevancy for officers of towing vessels.
Recommended by Capt. Ronald Sinn.
25. “Crazy Boat Drivers” By Richard A. Block.
27. New and Revised Research Reports.
28. Loans for Mariners. Educational loans for mariners considered by Congress. We encourage the work done by Berit Erickson,
SUP. Source of the article is Father Sinclair K. Oubre, J.C.L., AOS. Source of proposed legislation is Congressman Elijah E.
Cummings, D. Md.. (Note: Although this was part of a Bill, it never became part of the Coast Guard Authorization Act of 2010.)
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28. Your Health. Source: Tidewater Marine. Newstide. Symptoms of a stroke.
29. Captain G.E. Disler (1941-2006). Obituary of an active GCMA member and private investigator.
30. Government Disaster Planning. By Capt. Larry P. Gwin, GCMA Director. Emergency management. NRP. NIMS. (Note: Since
2008 NRP has been known as the National Response Framework.)
30. How to Obtain Obscure IMO Documents. Contact information. Helps to remove the impediments to obtaining IMO documents
that were unavailable for years to the general public. One of the reasons GCMA has been a vocal opponent of STCW and other
IMO issues dumped on our mariners for years without ready access to cited documents.
31. Updated GCMA “Brown List”
GCMA Newsletter #39 – April/May 2006
1. Good News and Bad News for Lower Level Mariners. TWIC. Medical Waivers. CEMS. Immigration reform. NMA Reports
#R-279, Rev.8; #R-370-G, Rev. 1; #R-412, Rev.1; #R-412-A, Rev.1; #R-351, Rev. 1.
3. GCMA Attends MERPAC & NOSAC Meetings at USCG HQ. Chief Engineer Glenn L. Pigott, GCMA Director. GCMA and
training with emphasis on training and the practical problems facing unlicensed engineers. Two levels of training – safety
training and vocational training. GCMA entries in Docket #USCG-2004-19977. Lack of trained engineroom personnel. NMA
Reports #R-400, Rev. 8; #R-279, Rev. 8; #R-401, Rev. 1 (mailed to each MERPAC member); #R-412, Rev.1; #R-412-A, Rev.1;
6. Big Changes Ahead for Mariners: Medical Waivers Become a Big Issue. Medical NVIC. What is a NVIC? Why the change and
will it affect me?
7. Richard Plant Speaks at MERPAC on New Medical Waiver Process. IOMM&P’s position. Our file #M-432. Staten Island
Ferry, M/V Andrew Barberi, crashes into maintenance dock at St. George, SI, Oct 15, 2003 with 11 fatalities. USCG is reactive
and not pro-active. Procedural errors led to accident. Changes proposed by Capt French, MD, USCG, are too extreme.
(NL#46, p.13). (Note: In 2016, MEDMAC is still trying to straighten out the effects of the controversial Medical NVIC 04-08.)
9. National Maritime Center Briefing Given at MERPAC April Meeting. Briefing by Capt. Ernest Fink, USCG. +GCMA
comments.
9. Regional Exam Center Address Changes. Source: IOMM&P. New Orleans. Los Angeles/Long Beach.
10. The Artco-Six Verdict. By Captain J. David Miller, GCMA Director & webmaster. Opinion. Jury did not grasp the real
magnitude of the lawsuits or the ruthlessness of Artco. Our mariners better wake up to their precarious position. There are no
quick fixes to these problems, but there are avenues mariners can take to protect themselves from an increasingly hostile industry.
10. Artco-Six: New Developments – Sleeping Dogs and Lying Dogs. Capt. Larry Gwin was awarded punitive damages.
11. Pushing an Oversized Tow Can Cost A Small Mariner Big Bucks. Controversial settlement agreement. USCG investigating
officer had no practical experience in the towing industry. NMA Report #R-204, Rev. 4, Chapter 2. This settlement agreement
cost our mariner $13K.
13. Raised Spud Snags and Closes the Ellender Bridge. Our file #M-499. Allision between M/V Celina Marie and spud barge in tow
with the Ellender Bridge south of Lake Charles, LA, Oct. 21, 2004. NMA Report #R-293-B, Rev. 8, Incident #8.
13. Inland Pushboat Swamped in 3 to 4 Foot Seas. Our file #M-524. Settoon Towing’s Tug James J. Pereira aground and partially
capsized in Bayou Magill, LA, Jan. 2005. GCMA questions this accident and its investigation. Pictures.
14. Ferry Workers Blow the Horn on Hornblower. Source: IBU. Anti-union employer wins NPS contract. Avoids hiring union
workers who previously ran this route. Marina Secchitano, TSAC member, stands up for mariners.
15. Engineer’s Corner: Lessons Learned From an Engineroom Fire. Our file #M-340. Engine room fire and subsequent failure of the
CO2 distribution manifold on RO/RO passenger ferry Queen of Surrey, Queen Charlotte Channel, BC, 12 May 2003. TSB of
Canada investigation #M03W0073.
16. ACBL Mandatory Crew Endurance System. CEMS and company policies. 12 step process for CEMS implementation. NMA
Reports #R-370-G, Rev. 1; #R-412, Rev. 1; #R-412-A, Rev. 1; #R-413, Rev.1.
19. What Gives When an Immovable Object Encounters an Irresistible Force? Athos I Accident. Our file #M-518. T/S Athos I strikes
submerged object in the Delaware River spilling 1,600 tons(263,371 gallons) of crude oil into the river, Nov. 6, 2004. Voyage
planning. Single hull T/S.
20. Possible Moves to Tighten Port Security. Source: IOMM&P. Bill. Container inspection.
23. Railroad Workers Sue Over Health Issues From Poor Sleep and Job Stress. Source: Omaha World. Transport workers with
erratic work schedules and chaotic sleeping conditions. Relevance for mariners. NMA Report #R-403.
24. Mr. GO – A Manmade Disaster Waiting to Happen Again. By Capt. Dean K. Bruch. Mississippi River Gulf Outlet channel.
(Note: MRGO was closed by USACE following Hurricane Katrina.)
25. Updated GCMA Brown-List.
25. New and Revised Research Reports.
GCMA Newsletter #38 – March 2006
1. Picture of Artco-Six Mariners. (Note: This picture remains on NMA website in 2016)
2. This is What the Artco-Six Trial Means for America. By Patricia Hutton, wife of one of the Artco-Six pilots.
2. The Artco-Six Trial: Mariners Stand Up Against Intimidation on Unsafe Oversize and Overloaded Tows. A Clear Win for All
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Towboaters. Jury awards Capt. Gwin back pay with punitive damages. Public learns only part of the story. Artco deep-draft
river barges. Artco “6-long” tows. NMA Reports #R-340, Rev. 9; #R-340-B; #R-426, Rev. 1; #R-276, Rev. 9, item #72; #R-429A, Rev. 1. Public needs a sensible horsepower-to-tonnage or horsepower-to-barge ratio. NMA Report #R-400, Rev. 8. USCG
lack of experience in regulating the towing industry. Artco’s longstanding disrespect for mariners and disrespect for authority.
Artco vs IOMM&P, NLRB case #14-CA-257. Failing to report mechanical failures of on-board equipment to USCG. (Note:
Beginning in 2009, the “Bridging” program gave the USCG an opportunity to learn more about the towing industry it now must
inspect as well as regulate.)
13. Safety Not Corporate Profits Must Become the First Consideration. By Cheryl Mason, wife of Artco-Six pilot. NMA Reports #R427; #R-403.
13. Survivors Recount Tugboat Tragedy. By Steve Huettel, St. Petersburg Times. (59.3C) M/V Valour sinking. NMA Report #R390-C. (69.18W). (NL#36, p.2).
14. Insufficient Stability Caused Passenger Vessel to Capsize. Source: IOMM&P. M/V Lady D accident. Inappropriate USCG
stability testing. Regulatory adjustments to average passenger weight. NMA Report #R-432. (75.5E). (60.6G). (57.10K).
(54.14A). (NL#43, p.30). (NL#40, p.8).
15. Port Deal Shines Light on Foreign Ownership of U.S. Shipping. Source: IOMM&P.
16. Report on Towing Safety Advisory Committee Meeting, March 2, 2006. Capt. Joe Dady, GCMA Director appointed to TSAC.
Licensing work group report. Nighttime barge death report. A.V. Kastner accident. (NL#34, p.7.). Electronic charting. ECDIS.
USACE. TWIC. Rebuilding the licensing system. Comments by members of the public.
18. Towing Vessel Inspection Work Group Meeting. Progress report. General comments. SMS. Auditing.
19. Erosion at Bayou Sorrel Locks. By Captain David C. Whitehurst, GCMA Director. NMA Report #R-361, Rev. 1. (NL#58, p.16).
(NL#44, p.22). (NL#40, p.23). (NL#24, p.7).
21. Mariners Betrayed. Source: Letter to the Editor, WJ. Betrayal by USCG. Casino boats no longer cruise but have dockside
operations. USCG no longer inspects the casino boats. Locals see no reason to have licensed merchant marine officers on
board. Lost jobs. Writer’s comments mirror GCMA concerns.
22. Smoke Signals. By Joel Milton, Workboat. OSHA and smoking bans. Consideration for non-smoking mariners differs from boat
to boat. +NMA comments. NMA Reports #R-341, Rev.4 and #R-341-A.
22. Updated GCMA “Brown List”
GCMA Newsletter #37 – February 2006
1. Artco Six Case Goes to Trial February 27, 2006. (NL#38, p.2)
4. GCMA Becomes Cosponsor of National Sleep Awareness Week. By David Drobnich, NSF. NMA Report #R-413, Rev. 1.
4. Background Checks for Merchant Mariners. By Richard M. Plant, IOMM&P. Background checks become more thorough and
reach back as far as USCG records exist. Mariners required to reveal all past infractions with implications for safety. Driving
records. Problems may arise with expunged previous records. S&R possible. Renewal delays possible.
6. Failure to Communicate: Two Tows Collide at Wax Lake Spillway. Our file #M-484. Collision between tows of M/V Linwood
Stevens & M/V Crosby Hustler at GIWW Mile 109 WHL, July 15, 2004. Hustler pilot received LOW for failing to abide by
previously agreed-upon passing arrangements. Red flag tow. Wax Lake spillway outflow crosses GIWW. 46 CFR §5.29
(Negligence).
6. Raised Spud on Deck Barge Threatens High Island ICW Bridge. Our file #M-448. M/V Duard E. with dredge in tow strikes
bridge , High Island, Tx, Nov. 2003. NMA Report #R-293-B, Rev. 8.
7. Double Whammy: Two Rock Barges Slam AMTRAK Bridge Near Mouth of the Susquehanna River. Our file #M-418. M/V
Night Hawk & M/V Sharps Island: Tug allision with Susquehanna River Northeast Corridor Amtrak Bridge, Havre de Grace,
MD, May 21 & 22, 2003. Waterway background. Two separate accidents. High river flow released by upstream Conowingo
Dam. High risk towing assignment. Questionable USCG accident investigation. For “high risk” towing accidents, compare this
incident with NMA Report #R-399 and (53.8M).
9. From the West Coast: McCall Won’t Talk so Workers Walk. Source: IBU & ILWU. Refusal to bargain. NLRB.
10. Barge A Symbol of Hurricane. By Anne Rochell Konigsmark, USA Today. Barge broke through sheet-pile levee and destroyed
an entire New Orleans neighborhood in Hurricane Katrina. Lafarge North America and Ingram sued for not tying barge
securely before hurricane. (NL#34, p.4).
11. 100-Ton License Does Not Cover Operating a 101-Ton Boat.(1) Our file #M-490. Collision between the towing vessel Mr. Craig
and the T/S Eagle Memphis, with oil spill at LMR Mile 93, July 29, 2004. Master of towing vessel received a LOW for improper
license; Company received civil penalty of $3000 for hiring Master with incorrect license. GCMA questions USCG investigation
of incident. [(1)Actually 129 GRT.]
11. The Sad Truth. By Capt. David Breland. Letter to the Editor, WJ. Opinion. What mariners need is not more training or
coercive power tactics, but the freedom too be professional seamen. +GCMA comments. NMA Report #R-401, Rev. 1.
12. Ship Runs Over Towboat in Houston Ship Channel. Our file #M-498. Collision, towboat Jonathan Thomas and tow with freight
ship Napoleon in the Houston Ship Channel, Oct. 10, 2004 with one personal injury. Ship’s steering failed in an overtaking
maneuver. Total damage $1M. FOC. Instruction manuals for shipboard equipment should be written in a language the crew
can read.
13. Tows Collide in Houston Ship Channel With Injuries and Cargo Spill. Our file #M-513. Collision between the tows of the M/V
Rita M and the M/V Thunder towing cargo barge Lightning, Dec. 10, 2004 in Galveston Bay with significant pollution and
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closure of the waterway and ferry service. Safety and mechanical problems. Inadequate maintenance. NMA Report #R-401,
Rev. 1. +GCMA comments.
14. Towboat Grounds on Dike – Buoy Missing. Our file #M-455. M/V Jerry Jones, grounds on dike LMR Mile 717 near Memphis,
TN, Dec. 15, 2003. “Data collection” appears to have been inadequate level of investigation.
15. Overloaded Tow Runs Aground. Our file #M-570. Grounding, tow pushed by Artco towboat American Heritage with 45 barges
at Reverie Lt, LMR 766.8, May 15, 2004. Size of tow was 1545 x 260-ft. NMA Reports #R-340, Rev. 9; #R-340-B; #R-399; #R400, Rev. 8; #R-427.
16. OSV Oaklawn Burns in Gulf. Our file #M-496. 120-foot crewboat on fire in the Gulf of Mexico, Sept. 6, 2004.
17. Project R-424 Mariner Questionnaire. General questions regarding personnel, jobs, and employment.
GCMA Newsletter #36 – January/February 2006
1. Life-Safer Receives U.S. Coast Guard Approval for Revolutionary Lifesaving Device. By Paul Driscoll, NMA Director. NMA
Reports #R-354, Rev. 4; #R-354-C.
2. Two Dead, One Missing After Tug Sinks. By Brian Hicks, Charleston (SC) Post and Courier. NMA Report #R-390-C. Our file
#M-619. Sinking of Maritrans tug Valour on or about Jan. 18, 2006 in bad weather off Wilmington, NC/Myrtle Beach, SC with
the loss of 3 lives. (69.18). (59.3C).
3. Justice Delayed is Justice Denied. Source: IOMM&P. Effect of delayed decision by NLRB on Pilots Agree strike of 1998. Artco.
6. American Admiralty Bureau Serves Public and Judicial Notice Concerning Tow Powering Publication. AAB. book: “Interim
Recommendations for Tow Powering Configurations for Western Rivers Push Tows.”
6. Letters to the Editor. By Mrs. Mary Duncan. NMA Reports #R-401, Rev. 1; #R-412, Rev. 1.
7. Identity Theft: An Attorney’s Advice at No Charge.
8. M/V Joseph and Clara Smallwood – Fire on Ferry’s Vehicle Deck is a Textbook Case. Fire safety. Our file #M-335. Fire on
Canadian RO-RO ferry 8 mi. south of Port Aux Basques, NFLD, 12 May 2003. This case deserves mention in every maritime
firefighting program.
9. The winter of our Discontent? Source: Workboat Magazine “Mail Bag”. Overall working conditions markedly inferior to those
available to unionized workers. Shortage of qualified personnel. Reduced manning. Drive to cut costs. Increased workload.
Fatigue. Work schedules.
11. Close the Mississippi River Gulf Outlet. Source: New Orleans Times-Picayune. Letter by Capt. Dean Bruch.
12. New and Revised Research Reports.
13. USCG Reaffirms the Critical Role of a Designated Examiner (DE) in Towing Vessel Officer Licensing. NMA Report #R-383,
Rev. 3. USCG relies on the experience, competence, professional skill, and judgment of the DE to assess the competent
performance of license candidates. This is a different and higher standard than previously used for licensing mariners.
14. New Regulations: USCG Adds “Environmental Harm” to Marine Casualty Reporting. Source: IOMM&P. Docket #USCG2000-6927. 70 FR 24669 24676, Dec. 16, 2005. 46 CFR §§4.03 & 4.05
14. Better Schools Could Help. By Capt. Joel Milton, Workboat. Intellectual laziness. Cultural problems. License mills. + GCMA
comments.
15. Words of Wisdom for Our Mariners. Golden Rule. Big Dogs. Civil Servants.
15. Parting Line Killed River Deckhand. GCMA complaint that this USCG investigation report provided little information. Cites
article from PMM #88. There’s no ducking when any rope fails.
16. “Plantation Mentality” Characterizes Treatment of Lower-Level Mariners. Biography of Capt. Larry P. Gwin, NMA Director.
GCMA recruiting standards. NMA Report #R-340, Rev. 8. Brown-listed companies are our industry’s “Hall of Shame.”
18. Does Safety Come First? Source: Workboat “Mail Bag.” Author cites his experience on a 220-ft OSV in heavy weather.
+GCMA comments.
18. Owner Convicted for Oil Record Book Violations. Fraudulent entries in ORB. $1.5M. NMA Reports #R-442, Rev. 2; #R-444-A,
Rev. 1.
18. New USCG Licensing Procedures. Fingerprinting. 71 FR 2154-2167. Docket #USCG-2004-17455.
19. Why Apprentices Cannot Operate Towing Vessels Without Supervision – A True Story. Our file #M-487. Collision between the
towboat San Tomas and the T/S Torm Mary, Neches River near Port Arthur, TX, Aug. 2, 2004 with fuel spill. Pollution – 27,000
gallons. Clumsy maneuver. Master not properly licensed.
GCMA Newsletter #35 – November/December 2005
1. A Close Call on the Mississippi River – What Would You Do? By CWO Franz Karnuth, USCG. Scenario. Deckhand falls into
river. Response by Capt. Larry P. Gwin, GCMA Director. +GCMA comments.
6. GCMA Directors Attend Towing Safety Advisory Committee Meeting at USCG Headquarters. GCMA makes Capitol Hill visits.
NMA Report #R-276-A. TSAC ‘s towing vessel inspection working group dominated by AWO that pushed its inspection agenda
on the working group. Our Association’s interests are discussed fully in NMA Report #R-276, Rev. 9 presented as part of the
original request for comments in Docket #USCG-2004-19977 and in NMA Report #R-276, Rev. 10 presented after the close of the
docket. Myth of substantial consensus at working group meetings on towing vessel inspection. Capt. Joe Dady’s remarks bring
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up need for second person in the pilothouse of towing vessels, properly trained and qualified engineers, fatigue, and 6 hours of
uninterrupted rest. NMA Reports #R-370-G, Rev. 1; #R-370, Rev. 4; #R-412, Rev. 1; #R-412-A, Rev. 1. Clamp down on rogue
towing companies. Censorship: Pictures of the petroleum barge explosion at Staten Island were not allowed to be shown to
TSAC. The Long Loophole.(1) Towing vessel visibility from the pilothouse. NMA Reports #R-212; #R-275, Rev. 3: #R-207-D.
GCMA proposed a simple resolution of the towing vessel horsepower controversy. ((1)Note: Congress closed the “Long
Loophole” by §606 of the Coast Guard Authorization Act of 2010. GCMA assisted in the USCG efforts to close the legislative
loophole that originally benefitted OMSA. Read (73.2B).
9. Capt. Joe Dady’s Closing Remarks to TSAC. Objected to TSAC omission of any recommendations restricting work-hours.
Censorship issue when TSAC restricted showing the Bouchard 125 explosion at Staten Island as a “high severity” type of towing
accident. (Note: Censorship. GCMA was not allowed to show a videoclip of the Queen Isabella Causeway bridge allision to the
TSAC meeting after a threat of a lawsuit by ACBL.)
9. Barge Breakaway Follow-up. (NL#34, p.4). Barge broke through GIWW and into the lower ninth ward of New Orleans in
Hurricane Katrina. Updated GCMA reports to USCG, NTSB, and USACE investigators following the disaster. Where USCG
received high marks after Hurricane Katrina. Excerpt from H.R. 889.
12. Hurricanes Destroy 109 Oil Platforms. Source: IOMM&P.
12. Giving Away American Mariner Jobs: GCMA Opposes Foreign “Riding Crews.” Source: IOMM&P. (NL#34, pgs. 28-30).
Ralph Mellusi, Esq. Letter of Protest by MERPAC member Katie Haven. GCMA protest. NMA Reports #R-370, Rev. 4; #R-370G, Rev. 1;#R-401, Rev. 1; #R-344, Rev. 2; #R-412, Rev. 1; #R-412-A, Rev. 1.
13. Licensing. By Capt. Ernest Fink, USCG, Commanding Officer, NMC. Letter to the Editor of WJ in response to newspaper
article on licensing. +GCMA comments.
14. Coast Guard Press Release on Licensing Requirements for Towing Vessels. Clarification of watchstanding and the role of an
Apprentice Mate/Steersman. +GCMA comments. NMA Report #R-401, Rev. 1.
15. Important Changes Lie Ahead in the Future of the National Maritime Center. By CDR David W. Kranking, USCG. Current
situation at NMC. How we arrived here. MLD program vision: Security, Efficiency, Consistency. Restructuring and
centralization. New technology. Increasing workload leads to a bloated bureaucracy.
17. Moving from “Operator” to “Master” and Learning From History. Reprint of Capt. James A. Wilson (USCG Ret’d ) 1995 WJ
article. Towboaters kept on a short leash. Limited skill envisioned. AAB. Limitation of liability cases dropped. Recalling
licensing events from 1975 to 1996. USCG ignorance and stupidity (1996). Assuming a leadership role and the leadership
vacuum. It’s not about money. NMA Reports #R-276, Rev. 9; #R-276-A; #R-421
20. GCMA Critical of MERPAC Preoccupation with Upper Level Issues. GCMA letter to unnamed USCG official. DDE license.
Need to train limited-tonnage and horsepower engineers. OMSA made deals and accommodations with the USCG not generally
known and available to those outside this trade association. Impact of STCW on limited-tonnage mariners. MERPAC
concentrates on upper-level mariner problems with insufficient attention to lower-level mariners. NMA Reports #R-279,Rev. 8;
#R-401, Rev. 1;#R-412, Rev. 1: #R-412-A, Rev. 1.
21. New GCMA Research Reports.
21. ITF Survey Shows that the Security Code Hurts Seafarers. Source: IOMM&P. GCMA supports the work of ITF. ISPS Code was
seen as a successful example of “fast-tracking” legislation but it is undermined by seafarers lack of trust and support for those
implementing it. ISPS increased seafarers’ workload without any increase in staff, pay or training, and was associated grave
problems with shore leave, especially in the USA. (NL#22, p.12). (NL#23, pgs. 25, 25). (NL#47, p.22). (NL#43, p.21).
22. Updated GCMA Brown-List.
23. Their Levees – Our Levees. Come on America, We can do better. Pictures illustrating flood protection in London, Venice, the
Netherlands and New Orleans.
GCMA Newsletter #34 – September - October 2005
1. “United Mariner” Speaks for Angry East Coast Mariners. Capt. Joe Dady, GCMA Director. NMA Report #R-276-A. Comments
prepared for delivery at TSAC meeting regarding the inspection of towing vessels. Crass pro-industry bias in TSAC manipulated
by AWO discriminated against the interests of all working mariners. Details provided.
4. Tugboat Mate Goes to Prison for 2003 Buzzards Bay Oil Spill. Source: Boston Globe. Our file #M-417. Oil spill involving Tug
Evening Tide and tank barge Bouchard 120 in Buzzards Bay, MA, on Apr. 27, 2003. NMA Report #R-429-D. (NL#23, p.5).
(NL#27, p. 7). (74.13M).
4. GCMA Asks About Barge That May Have Destroyed Residential Area. FOIA. Our file #GCM-161. Grounding of Ingram
Barge NG-4127 below the Industrial Canal in New Orleans Lower Ninth Ward during Hurricane Katrina. (NL#35, p. 9).
(NL#41, p. 6). Our letter to Congress. MRGO finally closed. GCMA member information.(1) ((1)Note: We later ascertained that
our mariner’s information did not apply to barge NG-4127.)
6. The Coast Guard’s Response is All we Hoped For. Source: Hampton Roads Daily Press. USCG response to Hurricane Katrina:
“The Coast Guard’s swing into action was swift, certain, and skilled. It was everything citizens hope for in their government’s
response to a disaster, but saw too little of after Katrina struck.”
7. Elk River Collision Drowns Four Mariners. Our file #M-269. Tug Buchannan 14 (pulling) and M/V Swift (pushing) a dredge
and dredging equipment in tow in collision with M/V A.V Kastner at entrance to the Chesapeake and Delaware Canal, near
Elkton, MD, Mar. 3, 2002 with loss of 4 lives. M/V Swift sunk. Watertight integrity issues.
11. Oilfield Liftboat Cuts Gas Pipeline in $4,600,000 Accident. Our file #M-452. Liftboat Paul Danos, 98’ liftboat jacked up and
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stuck on gas pipeline and listing near mouth of Mississippi River, on or about Jan. 13, 2004. No appropriate charts of area on
board and the charts on board were not corrected. GCMA comments. No injuries.
13. Potable Water. By Dennis L. Bryant. Source: Maritime Reporter and Engineering News. NMA Report #R-395, Rev.4. Our file
#GCM-44. 70 FR 39699-39700, July 11, 2005. Docket #USCG-2005-20052. (Note: Many comments to the docket did not speak
to those problems on uninspected towing vessels that GCMA brought to the attention of the USCG. Although the USCG accepted
our comments we can see they did little to address our problems.)
14. GCMA – The Voice for Mariners. Editorial. Our limited tonnage mariners have an outlet to express their needs, concerns, and
interests in an arena monopolized by large corporate egos and the USCG. 15-hour workdays are important items on the AWO
agenda while USCG and TSAC turn a blind eye. AWO monopolizes TSAC. Mariner rights. NMA Reports #R-344, Rev. 2; #R344-A, Rev. 1; #R-344-B. Union busting. Boosting requirements for 500-1600-ton licenses.
16. Coast Guard Responds to Our Question on Towing Safety Advisory Committee. Their reply sidestepped some questions. USCG
is under no obligation to verify AWO claims and neither collects nor maintains the data necessary to fulfill our request.
Questions about travel and per diem expenses for TSAC members brought about changes. NMA Reports #R-417, Rev. 1 and #R417, Rev. 2 contain our requests to Congress for close oversight on TSAC. (73.2B). Congress did renew TSAC’s charter in §621
of the Coast Guard and Maritime Transportation Act of 2010 and made a number of changes that our Association requested.
(73.2B).
19. M/V Lauren: Liftboat Sinks in the Gulf of Mexico. Our file #M-565. Sank in South Timbalier Block 21, Mar. 5, 2005.
$1,150,000 total constructive loss. Vessel listed to port and fell 15 feet after welding performed on port leg jacking tower failed.
Welder claimed he had no special training beside basic welding skills. Captain received a LOW. Company put Captain’s license
at risk by failing to notify USCG they proposed to repair the vessel on-site in violation of 46 CFR §176.700. Liftboats are
inspected vessels.
20. USCG Seeks Change in Federal Licensing Standards. Our file #GCM-128. 70 FR 28947-28949, May 19, 2005. Docket #USCG2005-21187. GCMA commented upon a USCG LCP. We must know and trust those who are provided unescorted access to our
port facilities and vessels. 33 CFR Parts 101-106. NMA Report #R-276, Rev. 9, items #9, 42 & 52; #R-401, Rev. 1; #R-412, Rev.
1; #R-412-A, Rev. 1.
23. The Apprentice Mate/Steersman Situation. Relatively few mariners applied for this “new” apprenticeship program. Many
applied for a license under the old regulations before its window of opportunity expired. Cited WJ editorial by Jack Simpson.
GCMA letter to TSAC licensing work group. NMA Reports #R-370-G, Rev.1; ##R-401, Rev. 1; #R-412, Rev. 1; #R-412-A, Rev.
1; #R-370-K; #R-403; #R-340, Rev. 9;.
28. Prominent Admiralty Attorney Warns GCMA of Provisions of H.R. 889. Ralph J. Mellusi, Esq. Outsourcing seaman jobs.
30. GCMA Alerts Coast Guard to TSAC and AWO Regulatory Hijackings. NMA Report #R-276-A. Towing vessel inspection.
Licensing. Training towing vessel pilots. NMA Report #R-383, Rev. 3. GCMA joins MERPAC in support of closing the “Long
Loophole”. (73.2B). (Note: Eventually the loophole was closed by Congress.)
34. Mariner Credentials as of Dec. 31, 2004. USCG finally published license statistics after 10 years and a number of FOIA requests
from GCMA.
35. V.J. Gianelloni Rejoins GCMA Board of Directors. Brief biography. (Note: “V.J.” is now the President of the National
Mariners Historic Trust.)
GCMA Newsletter #33–August 2005
1. Leroy C. Tanner, Dead at 54. Chief Engineer Leroy Tanner. AMO National Assistant Vice President. Served with us at GCMA
from the start as a friend and mentor.
2. New Statistics Show the Advantage of Union Membership. BLS survey.
3. A Towing Industry Tragedy: Death of a Young Deckhand. Nelson G. Wolff, Esq. NMA Report #R-433. Deckhand Joseph E.
Hulen crushed to death while working on ACBL towboat Wally Roller, Nov. 2, 2002 at Wycliffe, KY. Outline of the accident.
USCG investigation and report. Our file #M-544. Capt. Jay Disler, investigator (NL#40, p.29).
8. GCMA Petitions Congress to Revamp Towing Safety Advisory Committee. TSAC. NMA Reports #R-417, Rev. 1; #R-417, Rev.
2; #R-401, Rev. 1.
9. Seaman Sues Former Employer Over Outrageous Working Conditions. Able Seaman Mark Blackman, GCMA Director. Sending
unseaworthy liftboat to sea. Living with tainted potable water. NMA Reports #R-395, Rev. 4; #R-395-A, Rev. 1; #R-395-B.
Discrimination in training allegations. Asbestos hazards abuse affected crew of vessel. NMA Report #R-445, Rev. 1. Company
assigned crewmembers to hazardous and prolonged shipyard duty without suitable PPE. Company failed to enforce workplace
policies. Work-hour abuse. Threats. Sexual Harassment. Requested assistance from USCG, OSHA, EEOC. NMA Report #R201.
12. News Briefs. Joe Dady joins GCMA Board of Directors. The “Arbitration Pitfall” for mariners by Les Martin, Esq. (Note: Capt.
Joe Dady would later serve as President of GCMA/NMA and as a member of TSAC.)
12. Engineer Outlines Changes to Improve Western Rivers Towing Industry. By Chief Engineer David Sager. NMA Reports #R370-G; #R-412, Rev. 1; #R-412-A; Rev. 1; #R-398, Rev. 2
14. United Mariner Regional Exam Center (Dis)Satisfaction Survey Results. Evaluation. Capt. Joe Dady’s questionnaire appears at
(NL#27, p.22).
15. USCG Plans to “Centralize” License Evaluations in West Virginia. By Capt. Richard Eberhardt, Source: WJ. +GCMA
comments. NMA Report #R-412, Rev. 1; #R-412-A; Rev. 1; #R-398, Rev. 2.
55
17. Bad News on License Renewal Medical Waivers. Delays of 90 to 120 days(and more) reported.
17. Your Duty to Your Ship. Non-union workers are “at will.” Employee. Unexcused absence cost a mariner his license. NMA
Report #R-315-C, Case #2. Desertion. 46 USC §11501(a). 46 USC §10509(b).
18. New GCMA Research Reports.
18. U.S. Department of Transportation Retains Controversial Trucker Rule. By Leslie Miller, AP.
19. Towing Vessel Sinkings Continue to be Poorly Investigated. NMA Report #R-276, Rev. 9, Item #33. Congressman Oberstar
highlighted that USCG reported 607 sinkings, 593 flooding and 115 capsizing cases occurred between 1992 and 2004. New
evidence of shabby investigations of uninspected towing vessel accidents. Examples: Our file #M-556. Sinking of towboat M/V
David C. Duvall, April 4, 2005, Houston Ship Channel. Our file #M-586. Sinking UTV Mr Sid Feb 23, 2004. +GCMA
comments.
22. Headhunting. NMA Report #R-211, Rev. 1. (88.18T). (82.9J). (75.9X). (60.3T).
22. GCMA Seeks to Confirm Rumor Company Plans to Overload Tows on Upper Miss. River. Artco. Six-long tows. NMA Reports
#R-340, Rev. 9; #R-340-A; #R-340-B.
23. Updated Brown List
GCMA Newsletter #32 – July 2005.
1. Training and Licensing Problems For Towing Vessel Officers. The towing industry downfall began with “Pilots Agree” in 1998.
Serious problems with mistreatment, intimidation, and mariners being taken for granted. Power of the pay check. Union activity
and union busting. NMA Report #R-340, Rev. 9. Companies refused to negotiate with Pilots Agree. GCMA attacked the same
problems with a different message – Safety not Money. The towing industry will reap what it sows. GCMA works to change
abusive work-hours, unsafe and unhealthy working conditions for unlicensed personnel like towboat engineers and deckhands.
USCG acts as industry’s lapdog. Personnel shortage. Article on new licensing deadlines by Jeff Yates, WJ. Interview with Wm.
Kline, President of the River School. Steersmen illegally operate towing vessels. NMA Reports #R-382; #R-383,Rev. 3. Towing
terminology – steersman; apprentice mate; mate; pilot. Evidence of training and participation in drills. Need for effective
enforcement. Mariners operating under expired, forged, suspended or revoked licenses. Few USCG assigned to boarding
parties have the expertise to evaluate a licensing violation. Article on the REC by Capt. Richard Eberhardt, Source: WJ. Some
improvements at REC New Orleans noted. What our mariners tell us about towing licenses. Other USCG problems.
9. News Briefs: Clean Drinking Water. NMA Reports #R-395, Rev. 4;#R-395-A, Rev. 1; #R-395-B. Designated Examiner
Qualifications. NMA Report #R-383, Rev.3. Uninspected Means Neglected. Follow up on (NL#31, pgs. 1-4). Artco Six Trial
Postponed. Deckhand reports assault by his relief captain.
10. Intoxicated Master Sentenced to Probation. Source: Catholic Maritime News. DUI at .235. Struck lift bridge. District court
judge sentences Master to 2 years probation, 100 hours of community service, and an alcohol assessment program. Investigated
by CGIS.
11. Unsatisfactory Potable Water Report Form. GCMA form.
12. Federal Register Notice: Potable Water on Inspected Vessels. Source: 70 FR 39699-39700, July 11, 2005. Notice of inquiry and
request for information. NMA Reports #R-395, Rev. 4; #R-395-B.
13. Industry Missed the Boat on Training Our Mariners. Potential shortage of mariners. GCMA received a $4M training grant from
DoL. However, we experienced active opposition from local companies who didn’t want their mariners exposed to training
sponsored by unions. Individual mariners experience the high cost of training. SIU Paul Hall Center is a joint trust between the
SIU and its contracted employee and is quite effectives. GCMA Directors visited and were favorably impressed with the SIU,
IOMM&P, MEBA and AMO training centers.
14. Coast Guard Incident and Personal Injury Investigations. Personal injuries seldom reported to USCG on CG form 2692. USCG
said that MSM Volume 5 (Investigations) is under revision. NMA Reports #R-202, Rev. 5; #R-202-B, Rev. 3; #R-202-E.; #R-350Y, Rev. 1; #R-351, Rev. 1; #R-429, Rev. 1; #R-429-I, Rev. 2. (94.8H). (92.5E). (92.6F). (91.15Q). (91.19T). (91.9T). (89.10L).
(86.3C). (84.3C). (55.11Q).
15. Putting the Seafarer First. By Efthimios E. Mitropoulo, Secretary-General, IMO. Importance of standards. STCW. ISM Code.
Criminalization of mariners. Careers at sea. Fraudulent practices. Strengthening security. ISPS Code. Shore leave problems.
Support from the ITF.
17. Industry Loses Another Deckhand Crushed Between Barges. Source: WJ.
GCMA Newsletter #31 – June 2005
2. Artco Six Case Set For Trial in East St. Louis, IL July 25-29, 2005.
2. Uninspected Means Neglected: Towboat Polaris Sinks in New Iberia Canal – Part I. Picture at (NL#31, p.1). Our file #M-574.
Towboat Polaris sank in New Iberia Canal on June 3, 2005 closing the canal and Port of New Iberia. About 100 boats regularly
use the channel that branches off the GIWW. Pollution. Also, Our File #M-477. Boarding towboat Polaris by USCG, Morgan
City, LA, June 7, 2004. Part 2 at (50.19V). (NL#41, p.2).
4. Towing Vessel Inspection: Time for the Great Awakening. GCMA letter to the Editor, WJ. Self-regulation under RCP did not
prevent a number of high-profile towing accidents. Towing vessels added to Congress’ list of inspected vessels at 46 USC§
56
3301(15). NMA Report #R-276, Rev. 9 reflects the issues we expect the USCG to evaluate in their towing vessel inspection
rulemaking. Also NMA Reports #R-276-A; #276-C, Rev. 2; #R-276-E; #R-276-H; #R-276-I; #R-276-I; #R-276-L. NMA Report
#R-276, Rev. 10 reflects our disappointment with the proposed rule.
4. $700,000 Federal Court Verdict Against ACBL in Favor of Mate Injured While Jerking Wire. Dennis Shreve vs ACBL. Nelson
G. Wolff, Esq. Work-related disabling back injury while tightening a “High-Low coupling.” ACBL terminated maintenance and
cure payments. Significance of the case. Accident occurred on uninspected dry cargo barges supposedly under the authority of
OSHA. NMA Report #R-202-C, Rev. 2. Towing industry failed to adapt modern technology and safe work practices in building
barge tows. Portable rigging should be subject to standards set by OSHA.
6. British Union Warns: Safety At Sea Compromised by Fatigue. Source: IOMM&P and NUMAST.
7. U.S. Senator David Vitter Contacts Eighth District About Our Mariners Concerns. GCMA concerns were carefully considered by
Acting District Commander. Work-hour limits for unlicensed mariners. Better enforcement of 12-hour rule since violations are
common. Blending fuel concerns about creating an inferior product. Need for enforceable logbook regulations. GCMA
Logbook Resolution at (NL#3B, Item 3B-11). Need to maintain anonymity of individuals reporting inappropriate actions or
violation of the law. T/B mooring near GIWW mile 99 WHL. Solicitation of sale of illegal drugs. Reports were properly
dispatched for further investigation.
7. Houma Man Guilty of Murdering Deckhand. By Liz Hackenburg. Source: The Daily Comet. Our File #M-565. M/V Captain E
J – Murder of deckhand Ryan Andras, June 2003. Cocaine involvement. NMA Reports #R-315 (series).
8. “Voyage Planning” and the Queen Isabella Causeway Accident. NMA Report #R-293-C. NPRM at 62 FR 52057, Oct. 6, 1997
contained requirements for voyage planning that were sabotaged by the towing industry that are directly connected to this case.
The USCG and TSAC were complicit in defeating the requirements for voyage planning regulatory requirements for rivers and
inland waters that the USCG accident report called for. No wonder the USCG opposed releasing their own accident report.
Letter from Capt. Pat Kelley. (Note: Voyage planning requirements remain unchanged in 2016 to date leaving inland and river
infrastructure unprotected. This exposes a continuing USCG regulatory failure.)
9. GCMA Opposes a Move by a Large Towing Company to Change Licensing Rules. NMA Reports #R-370-G, Rev. 1; #R-401,
Rev. 1; #R-412, Rev. 1; #R-412-A, Rev. 1; #R-413, Rev. 1.
12. Dredge South Pass; Close MRGO. Letter to the Editor of the New Orleans Times-Picayune by Capt. Dean Bruch. This letter was
written before Hurricane Katrina by a senior merchant mariner.
13. Barge Crashes Into Houma Bridge. By Tom Bonette, Houma Courier. Background and history. Our file #M-584. Towboat Tako
Invader heavily damagds bulkhead at the East Main St. bridge in Houma, LA, June 20, 2005. $265,000 damage. Picture on p. 1.
Relief Capt. received LOW. Temporary steering failure alleged. Fatigue alleged. Inspected vessels compared to uninspected
vessels. Inspections will protect our mariners. GCMA questions USCG investigation of this accident. (Note: This damage to
public infrastructure never has been repaired.)
15. Updated GCMA Brown List.
GCMA Newsletter #30 – May 2005
1. Why is a Vessel a “She”? Source: USCG Proceedings.
1. Foreign Crews on American Vessels. By Capt. Carlos G. Martinez. Source: Workboat, Mail Bag. +GCMA comments. Our file
#GCM-40.
2. Overloaded Tow Accident Closes Upper Ohio river for Two Weeks. Our File #M-526. M/V Jon J. Strong (B&H Towing) tow
breaks up at Belleville L&D, Ohio R. Jan. 10, 2005. Damage estimate $2.5M. Misconduct 46 CFR §5.29 for not taking all
necessary steps to avoid danger. Failed to request an assist tug during periods of strong current as required by company
procedures. A conference call between 4 towing companies led to the vessel to continue its voyage. Master’s license was
suspended. NMA Report #R-204, Rev. 4. Jammed flood gates caused loss of pool above Ohio River Mile 203.9. Real cost of the
accident explained Diagram of Belleville L&D.
5. New fire Suppression Equipment Required on Towing Vessels. Source: MSO New Orleans Marine Safety Bulletin. (Note: The
regulations in 46 CFR Part 27 were amended several times.)
5. Hot News Items. Chief Engineer Glenn Pigott, GCMA Director, reappointed to MERPAC. Infamous towboat that took out the I40 bridge at Webbers Falls, OK, renamed. Trico CEO steps down. Failing to report an accident leads to LOW. Our file #M516. Sinking of towboat Captain J W in Mississippi Sound, in Dec. 2004.
6. NTSB Cites weak USCG Medical Oversight of Mariners in Fatal Staten Island Ferry Crash. Our file #M-432. Staten Island
Ferry Andrew Barberi, allision with maintenance dock at St. George, SI, on Oct 15, 2003 with 11 fatalities and 70 injuries.
NTSB/MAR-05/01. Damages $8.3M. NTSB recommendations #M-05-05, M-05-06, M-05-07. (60.14C). (59.5E). (NL#39, p.7).
9. Have You Been Denied Access? Source: IOMM&P. Shoreside access. Denying shoreside access is illegal. Unified collection
of information on denial of shoreside access. Nationwide protest. +GCMA comments about access to vessels at docks in Gulf of
Mexico ports. NMA Report #R-453. (73.2B). (64.29M). (NL#44, p.7).
9. Regulating Towing Vessels: The Lack of Small Boat Training. NMA Report #R-276, Rev. 9, Items #35 & #77 – Rescue Boat.
Comparable regulations. Why small boat training is necessary. Our file #M-547. Death of tankerman Nelon Ray Fontenot, Jr.
on M/V Joel Smith from capsizing skiff and fall overboard in cold water at the slack water harbor, Helena, AR, LMR 661.8, on
Jan. 13, 2003. A work vest is not a life jacket. Skiff grossly overloaded. Cold shock response. NMA Report #R-302. 46 CFR
§25.25. Captain received LOW. Small boat training should be part of SMS. RCP is a voluntary SMS without the force of law.
13. Alaska Ferry Grounding Brings Up Fatigue and Other Issues. By Richard A. Block. AMHS. Our file #M-475. Grounding of the
57
AMHS Ferry LeConte on Cozian Reef, Peril Strait, AK, on May 10, 2004 with 108 passengers and crew of 23 on board.
Estimated damage $3M. Excerpt from PMM. E-mail from wife of ferry crewmember. Administrative burdens, duties, and
fatigue. 6&6 watches. Nobody posted as a lookout since helmsman’s duties did not include also being a lookout. Visual fixes.
Voyage planning. Bridge resource management. Importance of drills. Penalties.
15. Real Engineers and Deckineers. By Captain David C. Whitehurst, GCMA Director. Describes personal experiences as a trip
pilot working with poorly-trained deckineers. Having adequately trained engineers makes for a safer workplace. NMA Report
#R-401.
16. Tracking Down Rumors on Towing Licenses. By Richard A. Block. USCG replies tracked down 8 rumors and clarified issues
for our mariners – one of our Association’s goals.
18. Cruise Ship Hit by Rogue Wave in Atlantic Off East Coast. Source: IOMM&P.
19. Feds Continue Aggressive Prosecution of Marine Polluters. Source: IOMM&P. Our file #M-417. 327-ton oil spill involving Tug
Evening Tide tank barge Bouchard 120 in Buzzards Bay, MA on April 27, 2003.
19. Updated GCMA “Brown List”
19. New and Revised Research reports.
19. More on Overhead Clearance Accidents. NMA Report #R-293-B. Background at (NL#29, p.7). 33 CFR §161.3(c)(d).
20. License Security Checks. Source: USCG bulletin from Richard E. Wells, Chief, REC New Orleans.
21. Queen Isabella Causeway Accident: Coast Guard Blames Captain for Bridge Collapse. Source: Associated Press. Our file #M239. Towboat Brownwater V, allision with Queen Isabella Causeway Bridge to South Padre Island, TX, with 8 fatalities on Sept.
15, 2001. +GCMA comments.
GCMA Newsletter #29 – March - April 2005
1. Latest Poop on Towing Vessel Inspection.
3. Congressman Oberstar’s Letter. This letter addressed to the USCG Commandant provided a clear interpretation of
Congressional intent as to why it required the inspection of towing vessels. This was the closing document entered in Docket
#USCG-2004-19977.
7. Let’s Examine Overhead Clearance Accidents. NMA Report #R-293-B, Rev. 8 reflecting our files #M-538; #M-178; #M-097;
#M-457. Don’t expect mariners to climb out on the end of a crane boom and drop a plumb bob to the deck or take some equally
absurd action to determine bridge clearances.
10. Union Tugs “First Responders” in Maritime Disaster. By Tom Price. Source: ILWU. Our file #M-515. Sinking of bulker
Selandang Ayu in Aleutian Islands, Dec. 9, 2004 with loss of life and crash of USCG Rescue Helicopter. Tug Sydney Foss. Tug
James Dunlap. USCGC Alex Haley.
11. Thank You, GCMA. By Capt. J. David Miller, GCMA Director and webmaster. If mariners are to get the assistance they need
in effecting change within the industry, then some mariners are going to have to take risks. Quit fooling yourself into believing
the towing industry has your best interests at heart because they don’t.
12. Inspection: Intimidation and Blacklisting. By Capt. David C. Whitehurst, GCMA Director. GCMA asked Congress to provide
mariners with meaningful whistleblower protection. 46 USC §2114. (Note: In 2010, Congress amended this statute and, for the
first time, provided meaningful whistleblower protection presided over not by the USCG but by the DoL working to enforce DoT
regulations.). Mariners now treated the same as other transport workers. NMA Reports #R-210, Rev. 2; #R-210-A. (73.2B).
§611 of the Coast Guard Authorization Act of 2010. Revised statute replaced previous policies that discriminated against
mariners described in NMA Report #R-370-D, Rev. 7. Also problems that need correction cited by Whitehurst include low
morale, excessive workload, lack of meaningful training at cram schools, licensed mariners who have not yet mastered decking
skills, blackballing, unseaworthy vessels, lack of real enforcement of existing laws, travel time should be counted as “on duty”
time. NMA Reports #R-398, Rev. 2.; #R-401, Rev.1.
14. Towing Industry Leaves Shattered Lives and Devastated Families in its Wake. Source: USCG public hearing transcript. By
William Hulen who spoke about the death of his son and two other deckhands at USCG public hearing in St. Louis. GCMA
modified NMA Report #R-276, Rev. 9 by adding a new Item #80, “Require task briefing before towing commences, in response to
the crushing death of deckhand Joseph Hulen. (NL#47, p.10). (NL#33, p.3). NMA Report #R-351, Rev. 1.
16. Coast Guard Disciplines Captain After accident at Belleville on the Ohio River. Sources: USCG and AP. NMA Report #R-340,
Rev.9 and similar accident at #R-340-A. (NL#30, p.2).
17. Watertight Integrity and the Hole in the Deck. M/V Elizabeth M accident follow-up. (72.9G). (70.10M). (68.19P). (57.1A).
17. House Transportation Committee and Maritime Subcommittee Selected. Source: SIU Seafarers Log.
18. Tow Rams Moored Ferry and the Pilot Flees the Scene. Our file #M-507. Collision between Towboat Lady Jeanette and ferry
Porterie, Jan. 28, 2004. DUI. Failure to maintain control of tow. Damage est. $22,000.
18. GCMA Supports Position Taken by Seafarers International Union on Towing Vessel Inspection. Source: Transcript from USCG
public meeting. Comments by Tom Orzechowski, SIU. Level of safety on uninspected towing vessels must be elevated to the same
level found on inspected vessels of comparable size and horsepower.
19. Require a Tug Escort in Harbor. By Capt Dean Bruch, Senior GCMA member. Tug escort is a routine safety practice in other
major congested port, so why not in New Orleans. Common sense.
19. New and Revised Research Reports.
20. Have You Been Denied Access to a Terminal or Port? We Need Your Help. Source: IOMM&P. (NL#30, p.9).
21. Updated GCMA Brown List.
58
21. NTSB Comments on Towing Vessel Inspection. Source: Docket #USCG-2004-19977, Item #80. Proposed towing vessel
inspection rulemaking. USCG should consider rulemaking for optional tow release devices. Lack of safety management systems
for towing vessels for all U.S. towing companies represents a threat to waterways safety. SMS similar to AWO’s RCP..
GCMA Newsletter #28 – February - March 2005
1. Life Safer’s Personal Retriever Wins Awards, Saves Lives. By Jim Kelly. Source: The Log. Interview with Paul Driscoll,
inventor of the Personal Retriever and GCMA Director. NMA Reports #R-354, Rev. 4; #R-354-A; #R-354-B. (Note: After more
than 15 years and many rescues to its credit, Paul’s invention finally obtained full USCG approval. The hold-up was with the
USCG approval process.)
3. Coast Guard Saves Most of the Crew When Tug Sinks in Winter Gale. Our file #M-409. Tug Primo Brusco sinks off Oregon
coast while towing a log barge with one fatality according to a story from a survivor.
5. Artco-Six Trial Set for July 5th in Belleville, IL. After several postponements. NMA Reports #R-340, Rev. 9; #R-340-A; #R-340B.
5. Can Individual Mariners Be Heard? By Capt. David C. Whitehurst. Letter to Senator Mary Landrieu about clean potable water.
NMA Report #R-395, Rev. 4. GCMA appeal to Congress resulted in USCG opening Docket USCG-2005-20052. (Note:
Responses posted in the docket apparently convinced USCG that there was no problem with the quality of potable water. We beg
to differ. A more complete understanding of our mariner’s claims would be to ask an inspector to drink and evaluate (or test) one
8 oz. glass of water from each towing vessel and OSV.)
6. Sinking, Capsizing and Flooding Threaten Our Mariners. Source: AP. Our file #M-542. Towboats CSS Arkansas and CSS
Virginia pushing a 7-barge tow southbound at LMR Mile 181 were struck by northbound 737-ft ship sinking CSS Arkansas and
one chemical barge. Our file #M-424. M/V Ed sinks at LMR Mile 158. (NL#21, p. 1). Est. damage $100,000. Sinking witnessed
by GCMA Director Capt. David Whitehurst. Our file #M-451. Capsizing of the towboat Faith inside Bayou Sorrel Locks, LA,
July 5, 2003 with serious personal injury and pollution. Est. damage $150,000. Vessel’s stability was in question but never
verified before going back in service. Our file #M-283. M/V Harbor Master and two barges capsize in GIWW Mile 23 WHL
Aug. 22, 2001.
9. Is This Job Worth Dying For? By Capt. Bill Beacom. Source: WJ. Mariners were poorly represented at USCG public hearing
on towing vessel inspection in St. Louis. AWO pushed their RCP as a SMS. How can any SMS can succeed with a personnel
turnover of 60% per year. NMA Report #R-351, Rev. 1.
9. Updated GCMA Brown List.
10. Towboats Need More Than One Engineer on Board. By Chief Engineer David Sager. Source: Workboat. NMA Reports #R401, Rev. 1; #R-279, Rev. 8; #R-412, Rev. 1; #R-412-A, Rev. 1; #R-401-P..
10. Our Children, Our Troops, Our Heroes. By Mike Sacco, President, SIU. Editorial.
11. The Duties of a Deckhand on a Small Inland Towboat. By Capt. David Whitehurst.
12. NTSB Chairman Answers GCMA Criticism. Response to article at (NL#27, p. 10) by Ellen Engleman Connors on Towboat
Robert V. Love accident at Webbers Falls, OK. NMA Report #R-370-A, Rev. 2 Our file #M-275. Allision between the tow of the
M/V Robert Y. Love and the Interstate 40 Bridge at Sallisaw, OK, May 25, 2002 with 14 fatalities and 5 injuries.
12. Towing Vessel Inspection Docket: GCMA Report #R-276. NMA Report #R-276, Rev. 9. (Note: Regardless of what the as-yetto-be-released final towing vessel inspection regulations look like, NMA Report #R-276, Rev. 9 shows what we asked for. NMA
Report #R-276, Rev. 10 reflects our thoughts after the Proposed Rules were published in 2011.)
13. Towing Vessel Inspection Public Meeting in Washington, DC. Report by Capt. Joe Dady who attended the meeting. Docket
#USCG-2004-19977. GCMA prepared remarks. NMA Report #R-276, Rev. 9 mentioned. Capt. Gary Hensley’s remarks.
16. Towing Vessel Inspection: New Orleans Public Meeting. Docket #USCG-2004-19977. GCMA prepared remarks. NMA Report
#R-276, Rev. 9 mentioned. Capt. Gary Hensley’s remarks and comments on other speakers.
19. Towing Vessel Inspection: St. Louis Meeting. Remarks of Mrs. Mary Duncan, wife of Chief Engineer Gary Duncan who lost his
life on towboat Miss Kae D. NMA Report #R-412, Rev. 1. Remarks of Capt. Bill Beacom. Remarks of Capt. Tom McWhorter,
Safety Director at Florida Marine. Docket #USCG-2004-19977.
20. Mariners Question USCG Leadership, Direction, Knowledge, and Commitment. Counting the accidents, a litany of disasters.
USCG is part of the problem. Boat owners are part of the problem. Our mariners are ignored. The drug problem. (Note: NMA
Report #R-401-E in which Admiral James Card acknowledge many of the USCG problems that our mariners experienced (and a
whole lot more) was still five years in the future!)
23. Report on Barges Hitting Bridge Months Away. Source: AP. Series of Vicksburg bridge accidents under dangerous river
conditions is being investigated.
GCMA Newsletter #27 – January 2005
1. Cajun Condo Crash. Our file #M-450. Artco towboat American Pillar’s tow strikes and damages shoreside hunting lodge
“Cajun Condo” near St. Francisville, LA, 14 March 2003. LMR Mile 270.4. Estimated damage between $100 and $200K.
Minimal USCG investigation of this incident.
2. Homeland Security Issues Fact Sheet on Transport Worker Identity Credentials. Source: IOMM&P.
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3. Coast Guard Will Hold Public Meetings to Discuss Towing Vessel Inspection. 69 FR 78471-78472, Dec. 30, 2004. Docket
#USCG-2004-19977. Locations: Washington, Oakland, New Orleans & St. Louis. (NL#28, pgs. 12-16).
4. Capt. Joe Dady Comments to TSAC on Towing Vessel Inspection. Accidents Linked to Fatigue and Crew Size. Letter to
Jennifer Carpenter, V.P. of AWO and Chair of the TSAC working group on Towing Vessel Inspection.
5. British Study Links Accidents to Fatigue and Crew Size. Source: PMM #85. +GCMA comments. MAIB. NMA Reports #R-408;
#R-408-A; #R-370, Rev. 4: #R-370-B, Rev. 4; #R-279, Rev. 8.
7. Buzzards Bay Spill Impact. Our file #M-417. 330-ton oil spill involving tug Evening Tide’s tank barge Bouchard 120 into
Buzzards Bay, MA on April 27, 2003. Unqualified mate. Inattention to duty. Left pilothouse to work on deck. NMA Report #R417, Rev. 2. (73.13M). (NL#34, p. 4). (NL#25, p. 5). (NL#27, p.7). (NL#30, p.19).
8. The Consequence of Refusing to Take a Drug Test. Don’t Refuse a Drug Test. Mariners must understand the rules about
required drug testing in 49 CFR Part 40. NMA Report #R-315-B. 46 CFR §5.57. 49 CFR §40.191. 46 CFR §16.105.
10. GCMA Blasts Safety Board Over Mariner Work-hour Abuses. NMA Report #R-370-A, Rev. 2. NTSB misses the boat on workhour abuses. (NL#28, p.12). Our file #M-275. M/V Robert Y. Love tow demolishes the I-40 Bridge near Webbers Falls, OK,
May 25, 2002 with 14 fatalities and 5 injuries.
12. USCG Agrees Mariners Should Be Entitled to Their Sea-Service Letters. By Richard A. Block. (Note: This problem was
addressed by Congress in the Coast Guard Authorization Act of 2010. Read §605 in (73.2B).
13. The Dangers of Hydrogen Sulfide Gas. By Capt. Sid Tassin. H2S. NMA Report #R-378. (NL#18, p.11).
14. The “Good Old Boys” Pink Bunny: Trico Files for Bankrupcy. OSV company not only was brown-listed by GCMA but now is
bankrupt. (72.12W). (NL#30, p.5). (NL#24, p.15). (NL#12, p.3).
15. Desperate Deckhand. Deckhand lists issues with his employer. Towing vessel operator. GCMA separates “safety issues” from
“labor issues.” Safety drills. Security drills. Lack of safety gear. Vessel logbooks. Original GCMA Logbook Resolution at
(NL#3B, Item 3B-11). Radiotelephone logbooks. Captains not certified in required areas. Crewmembers without credentials.
Violation of the 12-hour rules. OSHA.
17. Electronic Charts in Your Future. By Richard A. Block. Amendments to Ports and Waterways Safety Act. 33 USC §1221.
+GCMA comments.
18. Oversize Tows: NOLA to Mobile. Regulations applicable to this segment of the GIWW appear in 33 CFR §162.75. Also, MSO
New Orleans Standing Order #45. NMA Report #R-344, Rev. 2.
20. A Seaman’s Poem. By Capt. Sid Tassin.
21. Court Overturns New Hours of Service Regulations for Truckers. Truckers and mariners are both “transport workers.” Since
both industries put pressure on both types of workers in much the same way, in several instances GCMA drew parallels between
workers in trucking, railroading, airline and marine segments of the transportation industry.
21. USCG Regional Exam Center (Dis)-Satisfaction Survey. By Capt. Joe Dady aka United Mariner. United Mariner USCG REC
Satisfaction Survey. See results at (NL#33, p.14).
23. Oversize and Overloaded Tow. By Don Hopey and photo by Bob Donaldson, Pittsburgh Post Gazette. Towboat Elizabeth M and
tow go over the Montgomery, PA, dam on upper Ohio River. NMA Report #R-390-A. Our report #M-523. Towboat Elizabeth M
owned by Campbell Towing Co, went over the Montgomery Dam at Industry, PA, with loss of 4 lives on Jan 5, 2005. (72.9G).
(70.10M). (68.19P). (57.1A). (NL#29, p. 17).
26. Tax Tips. (Note: This was an example of well-publicized advice that did not withstand IRS scrutiny. Please ignore this article.)
GCMA Newsletter #26 – November 2004
1. Senior USCG Staff Officer Trashes GCMA Letter and FOIA Request.
2. Mariner Fatigue. By Capt. Bill Beacom in a Letter to the Editor of the WJ. Where “partnering” with industry trade associations
may be advantageous to both parties, it does little to benefit working mariners and even impacts them negatively.
3. Congress to Provide Mariners with Safe (Potable) Water for Drinking, Cooking and Washing. NMA Report #R-395, Rev. 4.
4. When will towing vessels be inspected? (Note: This remains a good question 12 years after we asked it!)
5. M/V Chinook Bridge Accident. Coast Guard Assesses a Civil Penalty Against Company for Violating 12-hour rule. NMA
Report #R-370, Rev. 4, Chapter 13, Example #4.
6. Owners: Stop lying about vessel horsepower. NMA Reports #R-400, Rev. 8; #R-340, Rev. 9. GCMA proposes a TSAC Task
Statement for TSAC Consideration.
7. GCMA petitions USCG on Towing Vessel Horsepower. USCG reply to our petition. .
8. OSHA Still Regulates Uninspected Dry-Cargo Barge Safety. NMA Reports #R-202-C, Rev. 2; #R-426, Rev. 1; #R-202-B, Rev. 3;
#R-276, Rev. 9,Item #72; #R-204, Rev. 4.
10. New and Revised GCMA Reports.
11. Mariner Career Advancement Blocked. Capt. Joel Milton, Workboat. Consolidates a 3-part article. The day of the hawsepiper
will soon end. Problem of attracting enough qualified personnel is exacerbated by the USCG constantly raising standards.
USCG never considered existing limited-tonnage mariners before pushing their grandiose credentialing schemes. Example:
USCG pushed STCW 1995 implementation.
12. Oversize and Overloaded Tows: City Sues Pilot for Striking Bridge. NMA Report #R-399; #R-400, Rev. 8: #R-204-C, Rev. 6.
Indiscriminate water releases behind tows from Lockport L&D at Joliet, IL, where a towboat knocked the Jefferson St. bridge out
of commission for an extended period. Pilot’s action was considered negligent and his license was suspended. GCMA disagrees.
(NL#26, p.12).
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14. Oversize and Overloaded Tows: When Will They Ever Learn? Overloaded tow to round Gray’s Point, at UMR mile 46, above
the Thebes Railroad Bridge . GCMA Towing Vessel Horsepower committee members listed. (Note: We should have added the
towboat Dan MacMillan’s accident to NMA Report #R-340, Rev. 9. Towing companies continue to dispatch oversize and
overloaded tows.)
15. GCMA Announces New Directors. A/B Mark Blackman, Capt. Larry Gwin, Capt. J. David Miller, Chief Engineer Pigott.
15. Tidbits from TSAC & NOSAC meetings. Designated Examiner program. Recreational boating courses. NASBLA. NOSAC
involved in Liftboat issues. Our file #M-268. Liftboat Luke David collapsed and sank south of Mobile, AL on Feb. 19, 2002.
NMA Report #R-363. Names mentioned in article include Charles Chillemi, Capt. Joe Dady, Capt. Ernest Fink, USCG, Ms.
Cathy Hammond.
17. MERPAC briefing. Source: USCG. Since GCMA could not afford to attend this advisory committee meeting in Hawaii on Sept.
21, 2004, this article covers a few points of interest from the meeting minutes subsequently published by the USCG.
17. USCG replies to GCMA Petition on Hearing Protection. NMA Report #R-349, Rev. 2. USCG uses non-enforceable guidance in
NVIC 12-82 in place of enforceable regulations and has done so since 1982. (Note: This poor substitute for effective regulation
remains today as a stark reminder of the inferior level of our mariners’ workplace protection offered by the USCG in contrast to
the landside protection offered in OSHA regulations for landside workers. However, NMA Report #R-202-E remains an open
item on the NMA agenda to correct this and other outstanding issues.)
18. Tankship Crashes Into Algiers Ferry Terminal. By Capt. Dean Bruch. New Orleans. Our file #M-508. Tankship Astro Altair
allision with Algiers Ferry Pier Aug. 28, 2004. (Note: The issue of propulsion and steering failures continues to haunt New
Orleans and the LMR south of Baton Rouge especially during periods of high water.)
19. EPA: Ships Are The Worst Polluters. Source: IOMM&P. Some container ships belch as much exhaust pollutants as 12,000
automobiles.
19. Yet Another Fleet Boat Sinks. Our file #M-476. Sinking of towboat Ambrose A at Ghent, KY, May 26, 2004. NMA Report #R404. EAP. 46 CFR §16.401. Deferred maintenance of the vessel. Stability problem. Lack of knowledge of basic stability. 46
USC §10908. Pollution: 33 USC §1321(b)(3).
20. New International Seafarers Identity Document. Source: AMO. Urges US government to ratify the ILO Seafarers Identity
Documents convention that goes into effect in February 2005 whether we ratify it or not.
20. Fire Protection Measures and Suppression Equipment for Towing Vessels. Source: USCG, MSO Houston. 46 CFR Part 27.
21. Mariners Polled on 74 Safety Issues for Towing Vessels in NMA Report #R-276.
GCMA Newsletter #25 – September 2004
1. Towing Vessel Horsepower to Barge Ratio. NMA Report #R-400, Rev. 8.
2. News: Former Police Officer Indicted in Pilot’s Death. Shooting of Bret J. Lemoine by Keeland Cheramie, Jr. a former Grand
Isle, LA police sergeant.
2. News. Runaway Barge Blamed on Vandalism. Also, problem of poor quality “trash” lines used to tie up barges.
3. Bathroom Break May Have Caused Tugboat Crash. Problem: Adequate “bathroom breaks” need to be spelled out in
conjunction with watchkeeping and vessel manning requirements. How best to answer calls of nature.
3. Deckhands Won’t Stand Watch. Source: Internet article. Both deckhands sleep at night even if there is tow work to do or locks
to make. Contrary to company policy. Complaints to the company safety manager fell on deaf ears. This is an AWO member
company that supposedly follows the RCP. GCMA evaluated the problem. NMA Reports #R-370-G, Rev. 1; #R-350, Rev. 7,
Issues H&K. +GCMA comments.
4. Fighting Fires on Towboats: Report on the M/V Kay A. Eckstein fire. Our file #M-481. Fire on towboat Kay A. Eckstein, near
St. Francisville, LA, on May 23, 1999. Estimated damage $2.5M. Vessel was a total loss. Had no fire detection system in the
engineroom. No fixed firefighting system in the engineroom. No live watch in the engineroom. No remote engine shutdown. No
firefighting personal protective gear. No marine firefighting training exposed crew to unsafe conditions and firefighting
practices. Life jackets not located in an area readily accessible to the crew. New regulations were promulgated following the fire
are in 46 CFR Part 27.
6. GCMA Calls on USCG to Change One Controversial Policy in Light of the Webbers Falls Disaster. 46 USC §8104(h) prohibits
a mariner from working more than 12 hours in a 24-hour period. 46 USC §8104(a) permits an officer to take charge of a deck
watch on a vessel when leaving or immediately after leaving port only if he has been off duty for at least 6 hours immediately
before the time of leaving. GCMA contends that the USCG policy of “Neutral Time” is an incorrect interpretation of the statute.
The captain of the towboat Robert V. Love went on duty immediately upon taking control of the vessel after driving a long
distance. The accident occurred the next morning.
10. Differing Views on the Webbers Falls Accident. NMA Report #R-370-A, Rev. 2.
11. GCMA Petitions the Coast Guard on Navigation Bridge Visibility Issues. Petition denied. Since towing vessels will be inspected
in the future, we asked USCG to place the issue on the TSAC meeting agenda. We already made similar requests in NMA Reports
#R-276, Issue #70, Pilothouse visibility standards; and #R-275, Rev. 3.
11. Misguided Security Regulations: “Safe and Suitable Person” Discriminates Against Our Mariners. Source: IOMM&P.
Objections to USCG interim rule. See docket #USCG-2003-14500. Unduly restrictive “character and habits of life” standards
that allow an appropriate USCG official ability to determine who is a “suitable person” to hold a MMD.
12. GCMA Petitions USCG to Regulate Towing Vessels. Our file #GCM-100. NMA Report #R-276, Rev. 8.
13. Hours of Service Regulation Violations Result in Felony Conviction of Trucker. Bourbonnais, IL Amtrak accident. Driver had
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only 3 to 5 hours of fragmented sleep in preceding 38 hours. Accident resulted in 11 fatalities and 123 injuries. Compare with
our NMA Report #R-370-A, Rev. 2 and our file #M-275.
13. Explanation of Life in a Nutshell. Humor.
14. Efforts to end Blacklisting to Redouble in the Next Congress. (Note: Our Sept 1st. letter to Rep. Billy Tauzin, who was well
positioned to take meaningful action on behalf of mariners, was a wasted effort on behalf of our mariners).
15. Working Beyond 12 Hours. By Richard A. Block. Our letter + USCG Response from MSO Morgan City, LA.
GCMA Newsletter #24 – July - August 2004
1. Outraged Mariners Rebuke Coast Guard. Capt. Brusseau’s interview with WorkBoat Magazine regarding towing vessel
inspection downplays previous towing vessel casualties. The Article. The GCMA rebuke. NMA Reports #R-340, Rev. 9; #R-351,
Rev. 1; #R-351-A; Rev. 1; #R-352; #R-293-A, Rev. 3 #R-293-B, Rev.8. Our FOIA Request.
4. Verifying Vessel Security Plans: What You Need to Know. Edited from WJ article by USCG CDR Suzanne Englebert.
5. Congress Responds to Mariner Appeals. Highlights of Coast Guard and Maritime Transportation Act of 2004 §409 & §415.
NMA Reports #R-429-I; #R-395, Rev. 4. Appeal for accurate logbook entries: (85.13N). (83.11N). (82.28D). (79.22D). (74.9I).
(73.2B). (NL#61, p. 15). (NL#44, p. 28). (NL#43, p.2). (NL#41, p.2). (NL#31, p.7); (NL#27, p.15). (NL#17, p.3). (NL#8, p.4).
( NL#3, Item 3-11).
6. 100 Year Anniversary of a Horrific U.S. Maritime Disaster: The 1904 General Slocum Disaster. Source: IOMM&P. History.
7. Stability Problems Cause Towboat to Capsize in Bayou Sorrel Locks. Our file #M-424. Capsizing of the towboat Faith in Bayou
Sorrel Locks, LA, July 5, 2003 with personal injury and pollution. Insufficient USCG investigation of this accident. The incident.
Facts. Possible contributing factors. Conclusions. GCMA considers root causes. NMA Reports #R-276, Rev. 9, Item #4; #R401, Rev. 1.
9. Another Towing Vessel Capsizes. Our file #M-283. M/V Harbor Master and two barges capsize in GIWW Mile 23 WHL on
August 22, 2001. Stability problems.
10. We Invite Mariners to Participate in GCMA Project #R-401: Trained Engineers for Tugboats and Towboats. NMA Reports #R401, Rev.1; #R-279, Rev. 8.
10. GCMA Mariner Sounds Alarm on Homeland Security. GCMA notified USCG and ITF about a reportedly dilapidated OSV
operating under a FOC with a foreign crew operating in US waters.
11. Illegal alien crewmembers on Offshore Supply Vessels. OSV. NMA Report #R-334, Rev. 2.
12. Merchant Mariner Sentenced for False USCG Application. Mariner used false statements to obtain a credential. Felony.
Sentence: 2 months custody, 60 days in a halfway house, 2 years of supervised probation.
13. The Lone Ranger Creed. By Fran Striker.
13. Tonto’s Horse. By Richard A. Block.
13. Webber’s Falls Allision Revisited. America’s tax dollars subsidized unsafe practices in the towing industry for long enough.
14. Ballast Water Management: A New Time-Consuming Chore for Many of our Mariners. BWM. (Note: BWM is still an active
topic in 2016.)
15. Lawsuit Claims Local Company Misled Shareholders. By Katherine Kelly Gilbert, Houma Courier. Trico. A brown-listed
company. (NL#12, p.3). NMA Report #R-208. M/V Bass River (Trico) /C-Captain (Chouest) collision
16. Hawsepipe Dreams and Reality. By Michael Thomas, SIU. Obtained Third Mate, Ocean endorsement. Many GCMA
hawsepipers work for the 1600-ton license that has become much tougher to obtain. Is now the equivalent to 3rd mate license.
How tough? Personal commitment and study required. Unions focus on labor issues.
17. Current GCMA Brown-List.
18. The Predicament of Lower-Level Licensed Mariners. By Capt. John R. Sutton, President, American Inland Mariners Association.
Source: USCG Proceedings, Nov.-Dec. 1995.
18. Mississippi River Commission replies to GCMA on Oversize and Overloaded Tows. USACE MRC. NMA Report #R-340, Rev.
9; #R-293-B, Rev. 8. Jurisdiction of USCG and USACE. GCMA keeps Congress and both USCG and USACE informed of
mariner concerns.
GCMA Newsletter 23 – June 2004
1. Oversize tow slams Interstate I-55 Bridge at Carruthersville, MO. By Katie Antalic, WJ. This follows a long procession of Artco
accidents. Greed now sets the size of the tow. Safe tow size can be calculated but there must be suitable regulations in place and
meaningful enforcement to protect our infrastructure. Our file #M-467. Tow of M/V Crimson Duke allides with I-155 Bridge
near Caruthersville, MO LMR Mile 838 with 4 barges sunk, 4 on dikes, and 35 barges loose in river. NMA Report #R-340, Rev.
9.
4. GCMA Allies With SAR Professionals on commercial mariner lifesaving rules. By Richard A. Block. USCG good record on
lifesaving memorialized by LCDR Walt Martin, USCG, Ret. Mariner lifesaving issues today. Life Safer, Inc. President Paul
Driscoll, BMCM, USCG, Ret. invents the “Personal Retriever.” (Note: Paul Driscoll became a GCMA Director.)
5. Buzzards Bay Oil Spill Blackens Nation’s Towing Industry. Our File #M-417. Oil spill involving Tug Evening Tide and tank
barge Bouchard 120 in Buzzards Bay, MA on April 27, 2003. NMA Report #R-429-D. (74.13). (NL#23, p.5). (NL#27, p. 7).
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(74.13M).
6. Safe Drinking Water Issue. Potable water. NMA Report #R-395, Rev. 4; #R-395-A; Rev. 1; #R-395-B; #R-350, Rev. 7, Issue
“R.”.
7. GCMA Petitions USCG for “Honest Horsepower.” NMA Report #R-340, Rev. 9. CDR John Deck III, USCG, Ret. American
Admiralty Bureau. AAB.
7. Motorcycle Club for Mariners. Contact information.
7. To My Green Deckhands. By Capt. David C. Whitehurst, GCMA Director. His expectation from his deckhands as an inland
towboat pilot. Locking procedures. “Call-out” procedures. Equipment. Always expect the uninspected.
9. Mariner Organizations Work Together. By Capt. Joe Dady, United Mariners. Reports on USCG abuses.
9. Bring Your Own Life Vest? Provide your own personal protective equipment (as listed). Our file #M-459. OSV Lee III and
cargo ship M/S Zim Mexico III collide at LMR mile 7.8 BHP on Feb 21, 2004 with loss of OSV and 5 crewmembers.
10. GCMA Revisits 12-Hour rule on Seattle Bridge Allision. M/V Chinook Case. NMA Report #R-370, Rev. 4 as Chapter 13,
Example 4]
10. GCMA Brings our Report on Oversize and Overloaded Tows to Mississippi River Commission Hearing. USACE MRC. Our
comments to Mr. Sam E. Angel, an MRC member. (NL#22, p.18).
11. Union Voices Strong Objections to MMD Provisions. Source: SIU. Comments on interim rule at Docket #USCG-2003-14500.
(NL#23, p.11).
12. Discriminating against Our Mariners. GCMA editorial. Safety is a GCMA issue. The U.S. government and mariner issues. NMA
Report #R-350, Rev. 7 is where we identified our primary issues to present to Congress. Organized labor is a friend of mariners.
14. Loss of F/V Arctic Rose with its Crew of 15. FOIA. Our file #M-464. Sinking of F/V Arctic Rose in the Bering Sea with loss of
15 lives on April 2, 2001. Many inexperienced crewmembers including 3 illegal aliens. Sudden sinking. No MAYDAY.
Watertight integrity not maintained. Progressive flooding. Other stability issues. 46 CFR §28.50.
15. Smoking Shortens Your Life Span. Surgeon general says smokers die 13 to 14 years before non-smokers. NMA Reports #R-341,
Rev. 4; #R-341-A.
16. Danger on the Illinois Waterway: Towboat Pilot Loses His License After He Accepts High Risk Assignment. By Richard A.
Block. NMA Report #R-399. Overloaded towboat Laura Elizabeth strikes and disables Jefferson Street bridge in Joliet, IL.
24. Fiber Optic Warning System Placed at South Padre Island Bridge. Following M/V Brownwater V allision that knocked down the
Queen Isabella Causeway bridge, Sept. 2001. (NL#30, p.21).
25. Protecting Mariner Shore Leave Rights. By Father Sinclair Oubre, JCL, President, AOS and GCMA member. (NL#23, p.12).
26. Transport Workers Assail U.S. Treatment of Merchant Mariners on Crew List Visa Issue. Shore Leave. Mariners receive
support from ITF with letter from ITF General Secretary to U.S. State Department.
27. MSO Morgan City Issues Information on Barge Lighting. References 33 CFR §88.13.
28. New and Revised GCMA Reports.
29. Updated “Brown List.” Specific references shown.
GCMA Newsletter #22 – April 2004
1. An Historical Note. Recalls letter of instruction by Alexander Hamilton to Commanding Officers of U.S. Revenue Cutters – 1794.
2. Remarks of Captain Larry P. Gwin at TSAC Meeting at USCG Headquarters, Mar. 17, 2004. NMA Reports #R-426, Rev. 1. Also
#R-340, Rev. 9.
5. Towing Vessel Inspection. NMA Report #R-276, Rev. 9. GCMA letter to WJ..
5. Crew Lost as Ship Crashes into OSV in Fog. (NL#23, p. 9). OSV Lee III collision with ship in LMR. Our file #M-459. Picture of
overturned supply boat on (NL#22, p. 1).
6. Another Tug Sinks in the Gulf. Our file #M-411. Tugboat M/V Capt. Peck sinks in Gulf of Mexico near ship shoal, Jan. 23,
2003. USCG bungled the investigation. 46 CFR §5.101(b). NMA Report #R-354, Rev. 4 reveals lack of lifesaving equipment
required on uninspected towing vessels. (Note: These lifesaving equipment shortcomings will remain until comprehensive towing
vessel regulations are promulgated – unless they are further compromised by AWO during the behind-the-scenes rulemaking
process.)
8. Report on TSAC Meeting in Washington, March 16 & 17, 2004. Capt. Gwin’s report to TSAC (NL#22, p.2). Deadhead
Transportation, aka “travel time” to the vessel. NMA Report #R-346, Rev. 3. GCMA-the Voice for Mariners. CEMS. NMA
Report #R-370-G, Rev. 1. Nighttime barge fatalities. Licensing and training. Reorganizing the RECs. Public comments on sea
service letters and pilothouse visibility. NMA Report #R-212.
11. MSO Houston-Galveston Comments on M/V Howard Stapp Boarding. Comment relates to our Newsletter article at (NL#18,
p.1). This is how some AWO-member companies like Stapp Towing find themselves on our “Brown List.” NMA Report #R-279,
Rev. 9.
11. Manure. By Capt. Dean Bruch. The reason why manure as a cargo was marked S.H.I.T.
12. Father Sinclair K. Oubre Speaks for All Mariners. AOS. Shore Leave. Crew List Visas. Problem of the lack of medical
treatment for mariners on foreign-flag vessels in US ports. ILO Convention #185 unanimously ratified.
13. Local Notice to Mariners (LNM) Changes in Distribution Methods. USCG will no longer mail LNM copies.
13. Department of Justice Indicts Master. Source: IOMM&P. Dumping 442 tons of oil-contaminated wheat at sea. Was tainted
humanitarian aid cargo. SS Juneau. Sabine Towing Co. False and misleading statements. $2M.
14. Sinking of the Tug Thomas Hebert. NMA Report #R-390. Our file #M-444. M/V Thomas Hebert, an uninspected towing vessel,
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sank 35 miles southeast of Manasquan Inlet, NJ, while towing a coal barge on Mar. 7, 1993 with fatalities. Tripping. Previous
steering issues. Manning issues. Lookout issues. Lack of preparation and inability to use lifesaving equipment on board. NMA
Report #R-354, Rev. 4.
15. ALJ Revokes Mariner’s License for “Refusal to Test.” By Richard A. Block. NMA Reports #R-315-B; #R-204, Rev. 4, Chapter
15. Unexcused absence from vessel, followed by missing an unannounced drug test, followed by S&R and termination. NMA
Report #R-204-C, Rev. 6.
23. Free Choice Act Gains support in Congress. Proposed legislation.
24. Accepting Responsibility for Sending Unsafe Vessel to Sea. 46 USC §10908. The Liftboat Stingray case involving GCMA
Director A/B Mark Blackman. NMA Report #R-363.
25. Re-think Lifesaving Equipment on Small Vessels. Life floats are death traps.
26. Tummy Trouble. By Capt. Kelly Sweeney. Source: Pacific Maritime Magazine. NMA Reports #R-395, Rev. 4; #R-395-A, Rev.
1; #R-455, Rev. 6.
27. NTSB Chairman Notes Progress in Reducing Operator Fatigue But More Needs to be Done. Hours of service issues have been
on the NTSB’s Most Wanted list since the list’s inception in 1990. (Note: GCMA & NMA were never satisfied that the USCG ever
considered the 12-hour rule a priority for adequate enforcement. If it were, the USCG would place a priority on examining vessel
logbooks at each boarding and at each vessel inspection.)
27. Going on an International Voyage? MARPOL Annex IV (Sewage) is in force. Get Your Paper!
GCMA Newsletter #21 – February 2004
1. Pilot Tells Harrowing Tale of Going Down With the Vessel. By Bill Evans, WJ. Fleet boat M/V Ed sinks at LMR 158 while
shifting barges. Capt. David C. Whitehurst, GCMA Director, witnessed accident. (NL#28, p.6). Our File #M-451. Pictures in
article.
3. GCMA Issue: Defining “On Duty” Time to be Discussed an Next TSAC Meeting. 46 USC §8104(a). GCMA disagrees with
USCG references to travel time as neutral time. NMA Report #R-346, Rev. 3. Deadhead transportation. Mariners need the
protection of a Federal regulation rather than the interpretation in a policy letter to further define and enforce provisions of 46
USC §8104(a).
4. Simmesport Railroad Bridge Snares Unwary Mariners. The M/V Tana Lynn and the M/V Melinda Brent. Our file #M-458.
Towboat Tana Lynn and tow strike Kansas City Southern railroad bridge at Simmesport, LA, sinking the vessel on Mar 8, 2003.
Our file #M-198. M/V Melinda Brent allides with the same bridge with a tow of 4 gasoline barges on Feb. 25, 2000. Bridge
deficiencies described.
6. Sea Service Letters. By Richard A. Block. (73.2B). (Note: Congress took action in 2010 to amend 46 USC §7502(b)(c) to
require employers to preserve mariner employment records, provide mariner sea service letters, and provide meaningful
penalties.)
8. Terrorist Watch List. Source: IOMM&P. Report on FBI examination of USCG-issued merchant marine licenses showed that
problems exist.
8. Doing a Slow Burn. The ongoing problem of second-hand smoke. While the USCG protects its own crewmembers and
employees, it turns a blind eye and leaves merchant mariners without protection. NMA Reports #R-341, Rev. 4; #R-341-A.
9. Federal Advisory Committee Meetings. TSAC. GCMA sees the “gap” between voluntary industry standards that are not fully
participated in by all towing companies in the industry (e.g., RCP) and meaningful safety regulations needed to protect our
mariners.
10. Naheola Bridge Status. Outlines Federal requirements necessary to remove an obstructive bridge from the waterway under the
Truman-Hobbs Act.
11. Deadline Approaches for Master of Towing Vessel License. Source: IOMM&P.
11. Sinking of Tug M/V Erin Elizabeth. Our file #M-284. Tug Erin Elizabeth sank in Lake Pontchartrain, July 14, 2002. Sank in
storm in adequate warning after Captain failed to have his deckhand secure open engineroom doors. Damage estimated at
$175,000.
11. Senator Landrieu Promises to Look Into Gassoway Lake Case. GCMA pursues State of LA case against Walker Land Co. as
amicus curiae.
11.The Rumor Mill. Kirby’s special waiver debunked. Company does have an approved “training program” for officers on towing
vessels which is one of the towing industry’s first.
12. New GCMA Reports.
13. Black Listing and the Fair Credit Reporting Act. FCRA. 15 USC §1681b. NMA Report #R-443.
14. Action on Mariner Complaints: Filthy Cook and Contaminated Water. Potable water. Sanitary conditions. Hygiene. NMA
Reports #R-395, Rev.4; #R-395-A, Rev. 1; #R-395-B; #R-455, Rev. 6; #R-202-B, Rev.3.
15. GCMA Brown Lists Maryland Marine. Details of problems asserted by mariner were outlined in a letter to the company but
were never answered.
15. NOSAC Meeting Announcement. Meeting to be held at USCG HQ. Topics announced in 69 FR 7245. Capt. Roland Rodney,
GCMA Director, is NOSAC member.
GCMA Newsletter #20 – January 2004
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1. The “Artco Six.” Pilots Sue Towing Company on Oversize and Overloaded Tows. NMA Report #R-340, Rev. 9. (77.23Y).
(53.3C). (49.16X). (NL#47, p.1). (NL#41, p.1). (NL39, p.10). (NL#NL#38, pgs.1, 2, 13). (NL#37, pgs. 1, 15). NL#36, p.3).
(NL#33, p.22). (NL#32, p.9). (NL#31, p.1). (NL#28, p.5). (NL#27, p.1). (NL#23, p.1).
3. The REC Runaround. Continued from Newsletter #19, p.3. Ten top reasons why USCG applications are delayed. +GCMA
comments.
5. Why Our Mariners Don’t Get the Message. NMA Report #R-382.
6. So You Want to Become a Designated Examiner. NMA Report #R-383, Rev. 3.
6. Crewman Loses His Life in Downstreaming Accident. Our file #M-400. M/V Thoroughbred sinks in San Jacinto River, TX, on
Nov. 6, 2002. Kirby Marine. NMA Report #R-390-B. Estimated damage: $342,325. Flooding through open engineroom door.
46 CFR §5.27 – Misconduct. Captain violated company rules. S&R six-month suspended license. 46 CFR §5.29 – Negligence.
10. Industry/CG Team issues Report on Downstreaming. By Bill Evans, WJ.
11. In the Galley: Diet and Food Preparation. By Captain David C. Whitehurst, GCMA Director. Explains the effects on the crew
when companies remove cooks from their vessels. Crew morale plummets. Poor diet. Crew lives off snack food.
12. Buoy Bashers. The Master’s responsibility after striking an aid to navigation. “Knockdowns.” 33 CFR §70.05-5 thru 70.05-20.
+GICA & GCMA Comments.
13. Applying Stability Lessons Learned from a Canadian Accident. Our file #M-329. Capsizing and Loss of Life on small fishing
vessel CAP ROUGE II off the entrance to the Fraser River, BC, Canada on 13 Aug. 2002. Stability lessons are applicable to
uninspected towing vessels as well as fishing vessels. Importance of drills. NMA Report #R-276, Rev. 9, items #12 & 62.
13. We need Mariners to Attend Federal Advisory Committee Meetings. Our Association focuses on issues of importance to limitedtonnage mariners. We need a strong representation from working mariners to serve on ad hoc working groups to prevail at
TSAC, MERPAC and NOSAC meetings. NMA Reports #R-350, Rev. 7; #R-350-Y, Rev. 1.
15. Changes in the Colregs. (Note: Always use the latest revised edition of the Navigation Rules.)
GCMA Newsletter #19 – December 2003
1. Hear Us As We Cry To Thee For Those In Peril On The Sea. NL#22, p.24. NMA Reports #R-311-A. Death of Greg Reyburn
when OSV Cheramie Bo-Truc 26 sinks in Gulf of Mexico through negligence of its Captain. Greg’s father, Tim, a retired USPHS
Captain, writes to GCMA and later appears at MERPAC meeting at USCG HQ on 3rd anniversary of Bo-Truc sinking. Vessel
was unseaworthy.
2. Maritime Labor Backs Measure to Battle Crew Fatigue. Source: AMO. Discussion of proposed legislation in HR 2443 to curb
work-hour abuses.
3. The REC Runaround: If You Don’t Hang Together, You Will Hang Alone. GCMA asked our mariners to report their complaints
about their treatment by the REC and NMC. (Note: The result was two NMA Reports #R-428-D and #R-428-D, Rev. 1 reported
to Congress and delivered at a Congressional hearing in 2009.) Includes A Mariner’s View of Licensing by Richard A. Block.
License creep. Telephone tag. Employers withhold sea service letters and thereby restrict former employee’s career
advancements.
4. The Use of Spectra Fiber Lines. By Aub A. Ward, Esq. Back injury case resulted from handling heavy cable where a lightweight
fiber line would have served the same purpose.
9. Asleep at the Wheel. Collision of Tug Sharon Gail with tow of Towboat Paddy Cenac. Our file #M-253. Collision between
towboat Sharon Gail and loaded tank barge being pushed by towboat Paddy Cenac. Inadequate USCG investigation.
9. GCMA Report #R-380 – Operating A Vessel While Under the Influence of Alcohol. (Note: This report was cancelled. We
recommend NMA Reports #R-315-D; #R-315-E; #R-315-G.)
10. USCG Safety Alert: Personal Protective Equipment on Towing Vessels. Towing vessels are uninspected vessels and should
follow OSHA regulations regarding fall arrest systems. Lack of inspection and enforcement by both USCG and OSHA leaves
mariners without regulatory protection. +GCMA comments.
10. Major Maritime Accidents Will Affect Every Mariner. New accident reports from USCG and NTSB will affect large numbers of
our mariners.
10. Working Conditions. By David Sager, Chief Engineer. Source: WJ. Bean-counting yuppies took so much away from towboat
crewmembers that towboating isn’t a desirable job anymore.
11. Automatic Identification Systems (AIS). New technology. (Note: Read latest updates to 33 CFR §164.46.)
12. FCC Regulatory Effluvia. 68 FR 46957-46982, Aug. 6, 2003 consolidates, revises, and streamlined FCC rules governing
maritime communications.
12. New Security Demands on Our Mariners. (Note: Refer to the latest security regulations in 33 CFR Parts 101 thru 107.)
13. Civil Service Mariners: Job Opportunities Await. Source: IOMM&P.
13. Dangers of Hydrogen Sulfide Gas. H2S. NMA Report #R-378.
14. License Insurance: Words From A Senior Mariner. NMA Report #R-204-C, Rev. 6.
15. Gassoway Lake. Court decision on preserving public rights of fishing and navigation rights on unmarked navigable waters in
Louisiana. NMA Report #R-381.
GCMA Newsletter #18 – October 2003
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1. Inspecting Towing Vessels and Preventing Bridge Allisions. (NL#22, p.11).
1. Automatic Identification Systems; Star Wars in the Pilothouse. AIS. (NL#19, p. 11). (Note: Read latest 33 CFR §164.46).
5. Approaches to the Steersman Program. By Richard A. Block. Opinion: Problems arise when a licensed officer is fired for
refusing to train a steersman – potentially his replacement.
6. GCMA Attends TSAC Meeting at USCG Headquarters. Report by Richard A. Block. Our topics of interest. Inspecting towing
vessels. Travel time to the vessel should be counted as “on duty” time. CEMS. Oversize and overloaded tows. High cost of
training mariners. Interface with recreational boaters. Shortage of personnel. Review of presentations by USCG on Homeland
Security. Licensing. Ammonium nitrate. Deaths during nighttime fleeting accidents. Alcohol testing requirements. Fire
suppression on towing vessels.
9. Accident Reports. Our file #M-421. 62-ft. Tug Mathilde sinks in the Gulf of Mexico in May 2003. Our file #M-231. Towboat
Cullen Cenac, strikes fender works of bridge on the Ouachita River at Jonesville, LA, capsizes and sinks on July 26, 2002. Our
file #M-299. Towboat John H. MacMillan (Artco) pushing a 42 barge tow strike moored red flag tank barge and docks in Baton
Rouge, LA, on Oct. 29, 2002. Our file #M-402. Towboat Andrew Cargill MacMillan (Artco) in allision with the Harahan
Railroad Bridge at Memphis, TN, on Dec. 7, 2002.
10. Making the Government Work for You. (Note: NMA Reports #R-350, Rev. 7, and #R-350-Y, Rev. 1 summarize what we asked
from Congress as citizens and taxpayers. Our working mariners should be afforded equal consideration and treatment with
management in the existing tripartite arrangement composed of government, management and labor.)
11. Fall NOSAC Meeting. Presentation of NMA Report #R-378 on the danger of Hydrogen Sulfide (H2S) gas to our mariners.
GCMA Newsletter #17 – September 2003
1. All the Reasons Not to Give a Statement When You Are Injured. By C. Arlen Braud, Esq. Never a good idea to give a statement
to your employer, his agents or an investigator or insurance adjusters before you are represented by counsel. Timing of the
statement. Tactics. What they will do with your statement.
3. Hints of Progress on Hours of Service on Towing Vessels. 12-Hour Rule. Logbooks. Original GCMA Logbook resolution at
(NL#3B, Item 3B-11). USCG could care less about how many hours their own personnel are required to work. NMA Report #R305, Rev 1. (Note: There still is no progress on hours of service. The remaining problem is that Congress has not set minimum
hours of service for deckhands and unlicensed engineers on our inland waterways and rivers. AWO still expects 15-hour
workdays.)
3. Straight Poop. A call to mariners to attend GCMA meetings. (Note: The wide geographic distribution of our membership and
reduced financial resources led to a sharply reduced number of scheduled meetings after June 30, 2003.)
4. Employment At Will. By Aub A. Ward, Esq. Plantation mentality. EEOC. NMA Report #R-376, Rev. 1.
4. Federal Advisory Committees. Working mariners have much practical advice they could share in “working groups” at advisory
committee meetings that could have an effect on advice they give the USCG and the programs the USCG develops – some of
which may miss their mark.
5. Recent GCMA Reports. Blacklisting. NMA Report #R-443. (Note: Although Rep. Billy Tauzin was the right man at the right
place at the right time, he betrayed our mariners by ignoring this issue.)
6. Proposed Regulations. Proposed alcohol testing regulations. (Note: Consult the latest regulations in 33 CFR Part 95.)
6. In the News. Source: Baton Rouge Advocate. Capt. David C. Whitehurst, GCMA Director, supports increased funding for
USCG patrol vessels for the Baton Rouge and Morgan City-Port Allen Waterway and LMR below mile 225.
7. Problems at RECs. Request for mariners to report those problems to GCMA.
7. Employer Interference by the Numbers. Source: America at work.
GCMA Newsletter #16 – July 2003
1. Independence Day: Gulf Coast Mariners Association Enters a New Phase. GCMA is an association of mariners organized as
volunteers to learn to deal with many of the problems common to all limited tonnage mariners. National maritime unions
provided the original “seed money” for the organization which is now on its own. (Note: Our Association remained independent
and active from June 30, 2003 until June 30, 2014 and continues to archive our information as the National Mariners Historic
Trust.)
1. Project Blacklist. Blackball. Offshore Mariners United (OMU) closes its doors. What OMU closing means to GCMA.
2. Questions Credibility of Responsible Carrier Program. RCP. By Capt. Bill Beacom. Source: Workboat. +GCMA comments.
3. At GCMA Your Opinion Counts. By Richard A. Block. GCMA asks and answers 12 pertinent questions to develop a “paper
trail” on issues our Association will be following.
7. Drug and Alcohol Related Accidents. FOIA request to USCG reveals 135 drug and alcohol related accidents 1992 thru 2001.
7. License. By Capt. Kelly Sweeney. Source: Pacific Maritime Magazine. Seafarers Research Center, University of Wales reports
nearly 13,000 forged and illegally obtained seaman’s papers documented worldwide. Increased USCG scrutiny.
7. Boudreaux Cruise Lines. Chalmette Ferry.
8. Letters to the Editor. By Charles E. Probst, Jr. 1600-ton Master. 23 years service from deckhand to Master. Opinion: Offshore
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boat companies used him up and threw him away. Without a voice, you are nothing but a pawn in the game. If this is your
“career,” plan for the day when the dice come up wrong.
9. Reports from Various Federal Advisory Committee Meetings. TSAC, Sept. 2002. Security. Crew endurance. Licensing. Law
enforcement. Bridge allisions. SOLAS.// MERPAC. Vessel security duties without an increase in manpower. Seatime for
vessels that never leave the dock.// NOSAC Liftboat Subcommittee. NMA Report #R-363
11. NTSB and Coast Guard Agree on Rules for Major Marine Accident Investigations.
11. 12-Hour Rule Violations. By Captain J. David Miller, GCMA Director and webmaster. 107 people lost their lives from 1980 to
2003 related to lax enforcement. If the AWO RCP is such a success according to industry and the USCG, what went wrong at
Webber Falls., OK. NMA Report #R-370-A, Rev. 2.
12. Safety Alert – EPIRB Antenna Failure. Source: Jim Magill, USCG Civ. Technical problem related to ACR electronics brand
EPIRBs.
12. Worked to Death in the Engineroom. Chief Engineer Gary Duncan - ACBL Case. NMA Reports #R-412, Rev. 1; #R-279, Rev. 8.
13. Three-Watch System (is) Necessary. By Capt. Bill Beacom.
13. Man Overboard Shown to be the Most Prevalent Cause of U.S. Fishing Fatalities. By Jerry Dzugan, Director, AMSEA.
15. Freedom From Second-Hand Smoke. By Paul Dornfeld. Considering a class-action lawsuit by other non-smokers. NMA
Reports #R-341, Rev.4: #R-341-A. (Note: We report no progress on this issue although we took a strong position on this issue.)
15. Lower Level Mariners. Term is defined. (Note: Our Association has a broad definition that applies to approximately 126,000
credentialed merchant mariners out of about 220,000 credentialed mariners. Because “lower-level” was not a popular term, we
eventually replaced it editorially with “limited-tonnage” mariner referring to the same individuals.)
16. Captain David C. Whitehurst Comments on AWO Bridge Allision Report. GCMA Director. The USCG-AWO report is a
smokescreen and is badly flawed. Questionable statistics lead to debatable results. Needed are reasonable limits on tow sizes
and horsepower. Work-hours. Fatigue.
GCMA Newsletter #15 (News Bulletin) May 2003
(Note: Because of an unavoidable delay in publishing the GCMA Newsletter, the Board of Directors authorized publishing brief
periodic updates (i.e., this News Bulletin) for our members only.)
1. GCMA Election Results. Penny Adams re-elected President with unanimous vote. Other directors named.
1. A NTSB “Most Wanted”: Reduce Human Fatigue in Transportation Operations. NMA Reports #R-200 & #R-201.
1. Little Sleep Impairs Mind As Much As No Sleep. By Dana Frisch. Contributed by Capt. Bill Beacom.
2. New and Revised GCMA Reports.
3. Add Your Story to the GCMA “Yellow Book.” “Yellow Book” refers to NMA Report #R-200. (Note: In practice, no further
stories were added to the initial report which was widely distributed to USCG officials at all levels.)
4. Thoughts From NOSAC. NOSAC Chairman John Ryan stated his committee is advisory in nature.
4. Towing Vessel Licenses. New towing licenses replace the old OUTV licenses.
5. Federal Advisory Committees. GCMA monitors NOSAC, MERPAC and TSAC
5. Mariner Exemptions From Passport Fees. (Note: Incorrect citation.)
GCMA Newsletter #14 (News Bulletin), March 2003
(Note: Because of an unavoidable delay in publishing the GCMA Newsletter, the Board of Directors authorized publishing brief
periodic updates (i.e., this News Bulletin) for our members only.)
1. TSAC Meeting in New Orleans March 19, 2003. Meeting notice encourages mariners to attend. Capt. Gerard Maurice serves
as host.
1. GCMA Report #R-350 Sent to Congress. (Note: When the USCG was unresponsive to our requests, we then appealed directly to
Congress on 16 basic issues. We revised and updated this report every two years concentrating on the same issues and
occasionally adding an issue. Congress was responsive to our requests leading up to (73.2B) in November 2010. NMA Report
#R-350, Rev. 7 was our last revised request and status report submitted in 2013. We also submitted NMA Report #R-350-Y, Rev.
1 that highlighted and expanded upon the ongoing problem with USCG careless personnel injury reporting practice that is yet to
be resolved.)
2. Congressional Action Requests. See previous entry on NMA Report #R-350 (above). Each of our 16 specific requests to
Congress were supported by previously circulated NMA reports.
3. Industry Observations: A Mariner’s View. Lists and expands upon 13 problem areas our limited-tonnage mariners in the
industry face.
5. The Window of Opportunity. Editorial. Opinion. Interprets what the Pilot’s Agree movement was trying to obtain for mariners,
and the reasons it did not succeed. Explains differences between GCMA and Pilots Agree.
7. New GCMA Reports.
8. Are You Licensed For Towing? By Teresa Griffin, Lafourche Merchant Marine Training services.
GCMA Newsletter #13 (News Bulletin) – November 2002
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(Note: Because of an unavoidable delay in publishing the GCMA Newsletter, the Board of Directors authorized publishing brief
periodic updates (i.e., this News Bulletin) for our members only.)
1. Board of Directors & Members of Advisory Groups. Listed.
1. GCMA Office Moves. Moves from Houma to office space at Lafourche Merchant Marine Training Services. (Note: This was a
temporary office move that lasted until June 30, 2003 with a final move to124 N. Van Ave., Houma, LA 70363.)
1. Whistleblower Protection. This issue would follow a long and tortuous path before it was resolved by Congress in 2010. NMA
Report #R-210, Rev. 2. (73.2B, §611).
2. Coast Guard Docket Items. Work-hour limitations for all unlicensed crewmembers on towing vessels. (Note: Still not
accomplished to date.) Travel time to be counted as “on duty” time. (Note: Not accomplished to date.) Required logbook entries
must reflect the true times you are on duty. (Note: Accomplished by Congress in 46 USC §11304(b)(1)(2)(3) but still awaiting
completion by a USCG directive on logbooks that has not been forthcoming.) Allow any injured mariner to file his/her own
accident report. (Note: Accomplished in GCMA correspondence with USCG Investigation and Casualty Analysis branch but
never publicized to mariners and employers. See Our file #GCM-60.) If USCG loses a case before its ALJ, they should not be
allowed to appeal it. (Note: Never accomplished even after GCMA challenged USCG without success.) NMA Report #R-350,
Rev. 7.
3. Legislative Change Proposals (LCP). 1. Inspect towing vessels. NMA Report #R-276, Rev. 9. 2. Whistleblower Protection. NMA
Report #R-210, Rev. 2.
4. Reducing Expenses; Dues Raised. Membership dues raised to $36.00 per year. (Note: This figure remained unchanged to June
30, 2014. It was never sufficient to maintain the Association.)
5. Mariner Questionnaire and GCMA Report Order Form.
GCMA Newsletter #12 – April/May/June 2002
(Formerly cited as Volume 4, Number 2. Jessica Smith, Editor.)
1. GCMA’s Three-Year Fight Against Abuse of the 12-Hour Rule Takes Center Stage at USCG HQ. Work-hour abuse. NMA
Report #R-201. Confrontation occurs at NOSAC meeting. NOSAC “PTP” subcommittee tries to sweep this issue under the rug.
Boat companies pretend there is no problem. Committee adopts compromise language. RADM Pluta says he will investigate
mariners’ claims in NMA Report #R-201 but never did anything. PTP Chairman eventually quits after ignoring GCMA
complaints. (Note: RADM Paul Pluta figured prominently in the USCG failures in marine safety detailed in NMA Reports #R401-E and #R-442 in 2008.)
3. GCMA Supports Trico Mariners’ Right to Organize. Offshore Mariners United (OMU) was the federation of unions established
for offshore mariners to organize and seek better wages, hours, and working conditions. Trico management employs vicious antiunion tactics. GCMA President Penny D. Adams marches in support of OMU and Trico workers in front of the Workboat Show
in New Orleans. (Note: Trico would ultimately make major changes in management, fail in business, and go bankrupt.)
3. USCG TSAC Takes Up GCMA Report on Uninspected Vessels. NMA Report #R-276, Rev. 9. This report contained 82 items
that we submitted to the Coast Guard and to Congress. We expected the USCG to review and consider each of these points
during the rulemaking process. (Note: We were disappointed in the NPRM issued in August 2011. To date (Feb. 2016), no final
rule on towing vessel inspection has been issued.)
4. Lessons for Mariners in A. Philip Randolph’s Thoughts on “Organization.” Editorial. By Richard A. Block, Secretary, GCMA.
5. Louisiana Whistleblower’s Law Takes on 12-Hour Violations. USCG refused to act. District Commander RADM Paul Pluta
denies there is a problem in a reply to Congressman Tauzin. Capt. Tom Winkler disagrees and takes the case before a state
judge. Winkler wins his case. NMA Report #R-370-D, Rev. 7.
7. GCMA/Lean Suit Results in Sensible Growth Strategy for Port Fourchon. GCMA joined lawsuit with the Louisiana Action
Network against USACE for illegally permitting super port without determining its impact on the local community, the
environment, our mariners and fishermen. Settled out of court with favorable outcome.
9. GCMA News to Accept Advertising. Monthly membership meetings scheduled. Bylaw changes. 3 new officers elected.
11. Mariners Speak Out in their Own Words. Constructive Approach to 12-Hour Rule is Needed to be More Humane Industry. By
Mark A. Knudsen.
11. Speed Is Your Enemy, Reserve Power is Your Friend. By Capt. Dean Bruch.
13. Mariner Licensing Crunch Worsened by Incomplete Applications. REC. Source: US DoT.
13. Safety Alert: Watertight Integrity. (NL#19, p.1). Cheramie Botruck #26. NMA Reports #R-311-A; #R-208, Incident #2. Our file
#M-216. Sinking of OSV Cheramie Botruc #26, Gulf of Mexico, Nov. 6, 2000.
14. Barge Demolishes I-40 Bridge; Accident Points to Many Areas of Concern for Mariners. Picture of accident site. NMA Reports
#R-293-A, Rev. 3; #R-370-A, Rev. 2. Our file #M-275. Allision between the tow of the M/V Robert Y. Love and the Interstate 40
Bridge at Sallisaw, OK, May 25, 2002 with 14 fatalities and 5 injuries. Travel time to the job should be counted as “on duty”
time. Deadhead transportation
15. Truck Accident Fatigue Study Holds Key Info. By Richard A. Block. GCMA visit to NTSB Headquarters. Sleep patterns.
Fatigue. NTSB published study in Our file #A772E is pertinent to our mariners. NMA Reports #R-208 (Seabulk Georgia); #R370-B (Chinook); #R-200.
16. The History of GCMA’s 3-Year Struggle to Bring Attention to Violations of the 12-Hour Rule. NMA Report #R-201 (The
“Yellow Book”) documents the problem. USCG ignores the problem at all levels. The “Trico Letter” allows violations of the 1268
hour rule. NMA Report #R-208, Incident #1. Trico’s OSV Bass River did not maintain a standard watch schedule at time it
sank..
18. Report on MERPAC April 9-10 Meeting. By Ken Ader, GCMA Field Director.
19. Nations Worst Jobs. By Richard Plant, IOMM&P. 250 careers were ranked and scored. Being a mariner rated as 246 out of
250 of the worst overall jobs. Discussion.
19. The Daunting Task of Providing Domestic Maritime Security. For 361 ports. 1,000 harbor channels. 25,000 miles of inland,
intracoastal, and coastal waterways. 3,700 terminals handling cargoes and passengers. 2B tons of freight and 3B tons of oil
transported. 134M ferry passengers. Discussion.
GCMA Newsletter #11 – January thru March 2002
(Formerly cited as – Volume 4, Number 1. Jessica Smith, Editor.)
1. TSAC Considers GCMA’s Towing Vessel (Inspection) Report. NMA Report #R-276, Rev. 9. There were eventually 82 items
covered in the report we submitted to the USCG 30 years after the first towing vessel licensing statute was passed by Congress.
1. Capt. Roland Rodney to Represent Oilfield Mariners on (NOSAC) Committee. Capt. Roland Rodney is a GCMA Director.
2. Supreme Court Decision May Affect Towing Vessels. Ruling in Chao vs. Mallard-Bay Drilling. NMA Report #R-300 contains
the ruling. NMA Reports #R-202-B; #R-338.
3. GCMA to USCG: Get Mariner Input on Fatigue Issue and the 12-Hour Rule. NMA Report #R-279, Rev. 8. The USCG record
involving their own fatigued watchstanders was so poor as to invite Congressional attention and civil lawsuits. S/V Morning Dew.
NMA Report #R-305, Rev. 1.
3. Undermanning on Super Crewboats Revealed in Tidewater’s Letter to USCG. Docket #USCG-1997-3198. Super crewboats are
less than 100 GRT with 3, 4, or 5 main engines. Larry T. Rigdon.
4. Annual GCMA Election Scheduled for April 15, 2002.
5. GCMA Condemns the Practice of Blackballing. Your drug and alcohol record follows you by law. It is also used by employers
for their own purposes. (Note: NMA Report #R-306 mentioned in this report was withdrawn after the companies mentioned in
the report (e.g., Pretiem, MIB, Hire-Check) changed names and/or went under cover or out of business.)
5. The Loaded Employment Application. By Mike Shelton, Esq. What questions are legal or illegal to ask of an employee.
Question #10 uses as an example the case mentioned in (NL#9, p. 20).
7. DOT Releases report on USCG Search and Rescue Personnel: Findings Show Fatigue and Lack of Training Are Problems. SAR.
If the USCG overworks its own crews, no wonder they could care less about our mariners fatigue and hours of service. NMA
Reports #R-304, Rev. 2; #R-305, Rev. 1.
9. Mariners Speak Out in Their Own Words. By Capt. Roland Rodney, GCMA Director, Member of MERPAC. Mariner Health
Issues. Cooks. Food handler endorsements. NMA Reports #R-395, Rev. 4; #R-395-A, Rev. 1: #R-395-B; #R-455, Rev. 6.
(85.13H). (82.3J). (81.25J). (67.6F). (51.11H). (NL#26, p.3). (NL#21, p.14). (NL#20, p.11).
9. Concern for Drug-Testing Procedures. Mariner writes to Senator John Breaux, (D-LA) about local drug problems.
10. River Mariners: More Hours, Less Pay. Hours of Service. Tripping. (Note: Our Association’s principal areas of concern involve
marine safety and health and welfare issues rather than with issues of pay.)
10. The Captain’s Creed. By John Paul Jones. Historical quotation furnished by Capt. John LoCicero.
11. Controlling Second-Hand Smoke. Capt. Ray Ashford. NMA Reports #R-341, Rev. 4; #R-341-A. (Note: Our Association’s
position is to support the Surgeon General’s findings and to urge the USCG to support them as well to protect the health of our
mariners. Unfortunately for our mariners, the USCG failed to take a leadership position on this issue.)
11. Designated Examiners for Towing Vessels. DE. NVIC 04-01. (Note: This issue is administered by the NMC. Consult them for
the latest information. Our Association was unable to have the NMC provide a list of Designated Examiner.)
11. What is a TOAR? (Note: The contents of TOARs have changed from time to time. Refer to NMA Reports #R-287-A; #R-287-B;
#R-287-C as provided by TSAC.)
12. Do You Want to Receive Any GCMA Special Reports? (Note: All available reports are listed in our Index R and are
downloadable thanks to the efforts of webmaster Capt. J. David Miller.)
12. GCMA Membership Survey.
GCMA Newsletter #10 – November - December 2001
(Formerly cited as Volume 3, Number 6. Jessica Smith, Editor.)
2. Richard Plant Comments to Joint TSAC/MERPAC Meeting. Value of a joint meeting. Importance of maintaining a logbook.
Solution to fatigue issue is a 3-watch system. USCG needs to be pro-active not reactive. Terrorism. Richard Plant is an advisor
to GCMA.
3. License Defense and Income Protection Insurance. NMA Report #R-204-C, Rev. 6.
4. Offshore Industry Cheated Employees of $75 Million. Source: Houston Chronicle. Class action lawsuit by oilfield workers
settled. Companies named.
4. Coast Guard Reports on capsizing and Sinking of AHTS Ensco Kodiak II. Our file #M-195. AHTS Ensco Kodiak II capsizes and
sinks in Gulf of Mexico, Sept. 7, 1999. Estimated loss $21M.
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6. GCMA Delegates Attend Joint TSAC/MERPAC Meeting and Visit Congress. Manning standards. Towing vessel inspection
standards. Reporting mariner injuries. Bridge allisions. Picture.
7. How America Has Changed. Edited remarks by John Ryan, Chairman of TSAC. Reflections upon events of Sept. 11, 2001.
8. Reporting Suspected Terrorist Activity. Source: IOMM&P. Being alert to terrorism.
9. The Problem of Oil in the Bilges Becomes GCMA's Problem. Mariner tells USCG his towing vessel was not assigned an
engineer. Automatic electric bilge pump pumped the bilge while the captain ate lunch. 8V71 Detroit Diesel engines leaked oil
into the bilge.
10. When Is a Crock Not an Earthenware Pot? By Richard A. Block. 12-hour rule. Lack of enforcement. Fatigue.
13. Loses Use of Right Hand. By Captain John LoCicero. NMA Reports #R-202-Rev. 5, Case #4; #R-213.
14. Following-Up Captain Periman's Case. NMA Report #R-204, Rev. 4, Case #5
14. Irresponsible Carrier. Towboat Brownwater V demolished the Queen Isabella Causeway Bridge. NMA Report #R-293-C. Our
file #M-239. Towboat Brownwater V allision with Queen Isabella Causeway Bridge to South Padre Island, TX, Sept. 15, 2001
with 8 fatalities.
15. Interim Enforcement of STCW Near Coastal Domestic Trades. Source: NMC Information Bulletin
16. Federal Railroad Administration Investigation Report on BNSF Railway Bridge. Follow-up to (NL#9, p.10.) (Note: This hazard
to navigation was replaced.)
GCMA Newsletter #9 – September - October 2001
(Formerly cited as Volume 3, Number 4. Jessica Smith, Editor.)
In Remembrance. Of those who perished in the terrorist attack of Sept. 11, 2001.
In War and National emergency, U.S.-Flag Merchant Marine Has Important Transport Role.
GCMA Has New Office. Temporary move to Raceland, LA.
"United We Stand, Divide We Fall." Editorial. NMA Report #R-352, Rev. 2. There are too many false divisions among
merchant mariners. We need to stress our common interests.
3. We're Two Years Old! GCMA's Work Honored; GCMA Recognizes Mariners Fighting for a Union. More than 400 guests
joined us for our second anniversary and banquet. NMA Report #R-242. Concert by Wayne Toups. MC Penny D. Adams,
President, GCMA. Honored Guests included LA State Senator Foster Campbell; La AFL-CIO President John “Red” Bourg;
MEBA President Larry O’Toole; Father Sinclair K. Oubre, JCL, AOS.
5. Despite GCMA Documentation, USCG Refuses to Consider Supply Boats as "Undermanned." Eighth USCG District failed to
maintain a “level playing field” for our mariners. Hours of service violations. 46 USC §8104.
5. How Vessel Undermanning Starts. By Richard A. Block. First problem, no engineer and what it means. When every call for
additional work is treated as an “emergency.” No life rafts or life boats means no “out of water” protection for our mariners
and other persons on board. Greater knowledge of stability needed.
6. License Regulations for Towing Officers. New licensing regulations for towing vessel officers bring important changes.
Explained in USCG NVIC 04-01.
6. USCG Clarifies: MMDs (are) Obligatory on 100 GT and M&O Vessels. OSV. The “Long Loophole” continues in effect for
towing vessels officers. (Note: Congress closed the “Long Loophole” with §606 of the Coast Guard Authorization Act of 2010.
GCMA assisted TSAC in the USCG efforts to close the legislative loophole that originally benefitted OMSA.) Read (73.2B).
6. The Rulemaking Process – Burdensome But Worth Getting Involved.
6. "New" Radar Needed When a Tow Vessel Goes Offshore. 33 CFR §164.72(a)(1)(i)(B). RTCM Paper 71-95/SC 112-STD
Version 1.1. “New” radar sets are more expensive than those commonly used in the past.
7. The 12-Hour Rule and Its Effect in Personal Injury Litigation. By Mark L. Ross, Esq. Violations of the rule shift the burden of
proof to the vessel owner and from arguing that a seaman’s own negligence caused his accident or injury. Its role in cases
involving illness.
8. Louisiana Towing Companies Plead Guilty to Polluting Mississippi River. Source: EPA. McKinney Towing fined $500,000.
8. Reinventing the Memphis Regional Exam Centers. REC Memphis to become a USCG “Center of Excellence” while functions of
REC St. Louis were downgraded.
8. Accused Workers Challenge Drug-test Results in Court. Drug lab negligent. Lab-One. Periman Case. NMA Report #R-204,
Rev. 4, Case #5.
8. STCW 95: A Guide for Seafarers Available. Available from ITF London.
8. Cypremort Point Bridge Bashed Again. Our file #M-273. Towboat Mr. Barry, Taira Lynn towing company, rams the Louisa, LA,
Bridge, GIWW mile 132 WHL on July 19, 2001.
8. New Orleans Vessel Traffic System Unfolding; Stay Tuned. Docket #USCG-1998-4399. Our file #A-726.
9. Union Plus Family Savers Offer Discounts to GCMA Members.
10. GCMA Requests Emergency Order for Burlington Railway Bridge. Immediate Closure Sought, Danger to Navigation Cited.
Request in a letter by Capt. David C. Whitehurst, GCMA Director, to DoT Secretary Norman Mineta. Map & picture.
12. Good Reasons to Keep Cigarette Smoke Out of the Workplace, Including Your Boat. Second-hand smoke vs. clean indoor air.
Nicotine addiction. The key role of the Master. Company policy. The role of each crewmember. Comparable smoking policies–
Amtrak & USCG. NMA Reports #R-341, Rev. 4; #R-341-A.
13. From Our Wives: An Onboard Stroke Changes Seaman's Life Forever. By Rita Billiot. NMA Reports #R-202, Rev. 5, Case #1;
#R-213, Chapter 2 (The Verret Case).
1.
1.
1.
2.
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14. Free at Last: A Critical Follow-Up of the "Captain Ken" Case. By Richard A. Block. NMA Report #R-204, Rev. 4, Chapter 7.
(Note: The USCG still retains the ability to resurrect a deficient prosecution against a mariner already decided against them by
one of their own ALJ as shown in the “Capt. Ken” case.)
15. Company Refuses Mariner Proper Medical Care. (NL#10, p.13). Captain John LoCicero. NMA Report #R-202-Rev. 5, Case #4;
#R-213.
15. A Picture is Worth a Thousand Words. Candid photos can document a scary scene. Examples of safety hazards shown in a
photo can be described in a just a few words.
20. Captain Fired for Making a Safety Call. Master's Professional Judgment is Company's "Serious Misconduct." (NL#11, p.5.).
Capt. Kevin Kelly reported unseaworthiness of towboat Tom Frazier was reported to his superiors at ACBL. Instead of making
necessary repairs, they fired the Captain after 26 years service.
GCMA Newsletter #8 – May 2001
(Formerly cited as Volume 3, Number 3. Edited by Jessica Smith)
1. GCMA Files Suit Against ENSCO for Failure to Report Accidents. Out of 44 accidents, ENSCO only filed one USCG Accident
Report. Renders USCG database useless. A 5-year cover-up. Penalties could be severe. (Note: Actually, the USCG only gave
Ensco a warning, a mere slap on the wrist. A later investigation by DHS viewed even larger related deficiencies in investigations
at Headquarters level. Refer to NMA Report #R-429-M.)
2. What is Church's Position on Organized Labor? By Father Wilmer M. Todd. Source: Bayou Catholic.
3. Written USCG Accident Reports-What Every Mariner Must Keep in Mind. 46 CFR §4.05-10(a). Who must prepare the report?
Master’s obligations.
4. Mariner's Nightmare: Engine Room Fire. Source: USCG Marine Safety Newsletter, MSO Hampton Roads, VA. Tugboat
pressurized fuel line. Comparison to fire on board the tug Scandia. Our file #M-099. 1996 fire and grounding of the tugboat
Scandia, O.N. D517785, and grounding of the tank barge North Cape, O.N. D591040, off Point Judith, R.I. on Jan. 19, 1996,
with major pollution but no personal injuries or loss of life. USCG & report NTSB/MAR-98/03.
4. Update on GCMA Logbook Petition. (73.2B). (Note: 46 USC §11304 now requires every inspected vessel to carry an Official
Logbook.)
5. Towing Vessel Officer's Guide. Helpful Data for Licensed Operators of Tugs and Tows. NMA Report #R-405, Rev. 1. (Note:
The 3rd. edition of Towing Vessels Officers Guide was published by MET in 2015.)
5. Bridge Resource Management. BRM. NMA Report #R-272, Rev. 1. Source: Transportation Safety Board of Canada. Examples
of failures to properly use BRM.
6. Seaman's Employment and Manning Agencies. Headhunter. (88.18T). (82.9J). (75.9X). (60.3T). 46 USC §10505. 46 USC
§10314.
6. Membership Meeting Dates.
7. Dangerous Crew Changes. Are you fit to stand watch? The drive to work. NMA Reports #R-398, Rev. 2; #R-405, Rev. 1. 46
USC §8104(a). Deadhead transportation. NMA Reports #R-346, Rev. 3: #370-G, Rev. 1. (NL#22, P.8). (NL#12, p. 14).
7. Three board Members Elected. Capt. Ronnie Lemoine. Capt. David C. Whitehurst. Capt. Nick Mastrodonato.
8. Runaway-Flag Scam Hits Another Low. Panama sells phony credentials to ITF General Secretary despite absence of marine
training or skills. ITF further exposes FOC scam.
9. GCMA Seeks USCG Clarification on STCW and Near Coastal Licenses. GCMA corresponds with NMC.
9. National Transportation Safety Board Correspondence. GCMA submitted newsletter article on violations of 12-hour rules.
10. USCG Addresses STCW Training for Mariners with Certain Lower Level Licenses. NMA replies to GCMA inquiry. NMA
Report #R-405, Rev. 1.
10. GCMA Directory of Benefits. Union Privilege.
11. Mariner's Wife Fed Up With Abuse of Seamen. By Rita Billiot.
11. Immediate Notice of a Casualty. 46 CFR §4.05-10(b). Explains differences between the “immediate report” by phone or radio
and the “written report” due within 5 days of the casualty. NMA Report #R-350-Y, Rev. 1 reported to Congress on the careless
way the USCG handles reports of personal injuries.
12. Wayne Toups Concert announcement. Aug. 12, 2001. (NL#9, p.3).
GCMA Newsletter #7 – March 2001
(Formerly cited as Volume 3, Number 2. Edited by Jessica Smith.)
1. GCMA Puts Violations of 12-Hour Rule on Center Stage in Outer Continental Shelf Workplace Safety Debate. NMA Report#R201 aka “The Yellow Book.” USCG Policy Letter G-MOC-04-00. Docket #1998-3868. (Note: The USCG failed to follow
through on this rulemaking project for over a dozen years and, in the process, tied up a member of their staff for years while
failing to protect our mariners who worked offshore. The USCG dodged this issue for many years at every NOSAC meetings we
attended. We believe this unwillingness to confront the offshore industry on safety issues contributed to many of the failures of the
Marine Safety Directorate cited by VADM James Card (USCG Ret’d) in 2007. Refer to NMA Reports #R-401-E; #R-442.)
1. Update on GCMA Logbook Petition. (NL#8, p.4). (73.2B). 46 USC §11304 now requires every inspected vessel to carry an
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2.
3.
3.
4.
4.
5.
5.
6.
7.
8.
9.
9.
Official Logbook. (Note: In 2016 we still await specific instructions from the USCG on their instructions on how to maintain the
required logbook to their satisfaction. Now, that is 6 years and counting.)
GCMA Protests Undermanned Offshore Supply Vessels. OSV. NMA Report #R-274. NVIC 1-78. Manning in Volume 3 of the
Marine Safety Manual. Engineers. Tankermen are not required on OSVs because OSVs are not tank vessels. (Note: Mariners
still have no voice in vessel manning.)
Why a Seaman’s Wife Should Speak Up. By Rita Billiot.
OMU Organizing Campaign Update. Trico’s Violation of Workers’ Rights Brought Before International Body. ITF asked the
Organization for Economic Cooperation and Development (OCED) to investigate Trico. Trico captain fired for his public
support of efforts to organize a union at Trico. Organizing campaign harassment.
What Whistle Blower Protection do Mariners Have? NMA Report #R-210, Rev. 2.
Navigation Bridge Visibility. NMA Reports #R-275, Rev. 9, Item #70; #R-212. (78.12L). (NL#35, p.6). (NL#25, p.11). (NL#22,
p.8). Our file #M-103. USCG Marine Casualty Report, M/V Frank Palladino Jr (O.N. 619166) and Great Lakes Barge Kellstone
I (O.N. 274472) collision with a pleasure craft (OH 0164 YU) in the south passage of Lake Erie on 1 Oct. 1994 with an injury and
multiple loss of life. Report #USCG 16732/24DET94/MC94020576.
Guidry Brothers Charged With Unfair Labor Practices. NLRB.
Thumbs Can Tilt the Scales of Justice. By Richard A. Block. Greg Periman case. NAME Newsletter #96, pgs. 1-4. NMA Report
#R-204, Rev. 4, Chapter 5. ALJ. S&R.
Industry’s 80% to 90% Turnover Rate. Editorial. By Richard A. Block.
High Water Mark on the Western Rivers. IOMM&P won its NLRB case against ARTCO. USCG no longer requires towing
vessel officers above Baton Rouge to hold first class pilot licenses. Dumbs down river knowledge requirements. Lack of
enforcement of the 12-hour rules. Shortage of pilots.
Training Leading to STCW Certification Can Be Free. GCMA Education Fund receives federal grant money. Classes scheduled.
(Note: GCMA ran a number of classes for merchant mariners.)
Notice of Election for Three Positions on the GCMA Board of Directors.
GCMA Election Rules and Procedures.
GCMA Newsletter #6 – January 2001
(Formerly cited as Volume 3, Number 2. Edited by Jessica Smith.)
(Note: This Newsletter is missing from our files)
1. The Tale of Two Mariners Who Took on the Coast Guard When Unfairly Accused of Drug Use. NMA Report #R-204, Rev. 4,
Chapters 5 & 7.
GCMA Newsletter #5 – January 2001
1. Gulf Coast Workers Justice Board Condemns Trico’s Behavior. Workers are often denied their constitutional and legal rights by
the companies they work for. The Workers Justice Board was “very disturbed” by findings listed in the article. Demands listed.
2. The True Price and Value of Information. Editorial. Many employers try to gain control of their employees by filtering or cutting
off important information employees should have free access to. This includes information the USCG generates as well as
information from our Association or from labor unions. CCFC. Union busters. NMA Report #R-382.
3. Questions and Answers About Manning Towing Vessels. (Note: Think again if you expect companies that own and operate
uninspected towing vessels know and understand all the regulations that govern how their vessels must be manned. This would
only start to change after 2009 with the USCG “Bridging” program.) NMA Report #R-276-C, Rev. 2. NMA Reports #R-276,
Rev. 10, Disappointment #1; #R-276-K, Rev. 4; #R-276-l; #R-279, Rev.8; #R-366; #R-370, Rev. 4; #R-372, Rev. 1; #R-412, Rev.
1; #R-412-A, Rev. 1; #R-417-A, Rev. 1; #R-417-B. (Note: The USCG evaded Congressional expectations that they would tackle
existing manning problems in their towing vessel inspection rulemaking that is still underway in 2016. Industry, using TSAC as
their tool, used their influence to see that few if any manning changes ever will be made.)
4. "Dr. Mike" Robichaux Leaves Louisiana Senate. Source: Business News. Strong support of our mariners led to his active
support by GCMA in the preceding election. Importance of his role in the Louisiana Senate. He left the Senate to return to his
practice of medicine.
4. Mark Duplantis to Run (for Senate seat). Mark Duplantis is a Former GCMA Board Member. Unsuccessful.
5. Proposed Regulations for Fixed Fire Extinguishing Systems. Final regulations for towing vessels at 46 CFR Part 27, Subparts
B&C.
5. Guidry Bros. Towing Unfair. Repressive labor policies.
5. Merger. Joint venture between Edison Chouest and RBFalcon Marine.
6. OSV Seabulk Georgia Accident. NMA Report #R-208. Our file #M-206. OSV Seabulk Georgia allides with Rig Dolphin 5 with
one serious injury.
GCMA Newsletter #4 – December 2000
(News Bulletin)
72
(Note: Because of an unavoidable delay in publishing the GCMA Newsletter, the Board of Directors authorized publishing brief
periodic updates (i.e., this News Bulletin) for our members only.)
1. The Seaman's Prayer. Cover
2. Item #4-1. The Seaman's Prayer. A thoughtful gift to our members from Mrs. Rita Billiot. Capt. Frank Billiot.
2. Item #4-2. A personal tragedy. Capt. Collins Verret suffers stroke on the job at sea. NMA Report #R-370-K.
2. Item #4-3. Lessons learned. Capt. Collins Verret. Company allowed flagrant 12-hour rule violations. Inadequate manning.
GCMA questions how the towing industry trains its officers on the job.
2. Item #4-4. Regulations That do not Adequately Protect Mariners on Uninspected Towing Vessels. NMA Report #R-351-A, Rev.
1.
2. Item #4-5. Literacy Training. Need for literacy training was highlighted in the 1972 USCG Newman Report, NMA Report #R428-A.
3. Item #4-6. Injured Mariners Must Know Your Rights. Maintenance and Cure by Mark L. Ross, Esq.
3. Item #4-7. Know Your Enemy. CCFC anti-union “Hate Signs” posted throughout the community.
4. Item #4-8. The 12-Hour Rule and Beyond. GCMA alleged that the offshore oil industry is abusing mariners by violating the 12hour rule at NOSAC, TSAC and MERPAC meetings. Relinquishing control of the vessel to an unlicensed person. NMA Report
#R-405, Rev. 1. USCG Policy Letter G-MOC 04-00.
4. Item #4-9. Rally for the Right to Organize. At the International Workboat Show in New Orleans.
5. Item #4-10. STCW in Inland Waters? Discussion of possibly requiring a set of “Assessment criteria” for Designated Examiners
(DE). (Note: Not yet required for DE on inland waters.)
5. Item #4-11. OSV Regulations. After a year GCMA suggested changes, the Coast Guard has done nothing. (Note: As of
February 2016, final rules for towing vessel inspections have not yet been announced.)
5. Item #4-12. The White List. (Note: The White, Gray, and Black lists change from year to year.)
5. Item #4-13. Finding Employment For Mariners. (88.18T). Headhunter issue.
6. Item #4-14. Bridge Resource Management Course Schedule. Free CGMA courses funded by the U.S. DoL.
6. Item #4-15. The Next GCMA Monthly Meeting. Announcement.
6. Item #4-16. The ITF & OMU. GCMA radio call-in programs on New Orleans Radio Station WTIX.
6. Item #4-17. Busting the Union Busters. Book: Confessions of a Union Buster by Martin J. Levin.
6. Item #4-18. The Right to Organize. Tape by Cornell University Professor available from GCMA.
GCMA Newsletter #3B – November 2000
(News Bulletin)
(Note: Because of an unavoidable delay in publishing the GCMA Newsletter, the Board of Directors authorized publishing brief
periodic updates (i.e., this News Bulletin) for our members only.)
1. Item #3B-1. About the Gulf Coast Mariners Association Education Fund. Basic contact information for free STCW Training.
1. Item #3B-2. GCMAEF Class schedules for next month.
1. Item #3B-3. PAWRA. Public Access Waterway Rights Association. A local organization in Gheens, LA, encouraged by GCMA.
2. Item #3B-4. Three GCMA Directors Attended USCG Port Risk Assessment Workshop. Port of Morgan City, LA. (Note: NMA
Report #R-259 is no longer available.)
2. Item #3B-5. "I Called The Coast Guard And They Didn't Do Anything About It!" (Note: The list of contact numbers in this
article is out of date.)
3. Item #3B-6. MSO Morgan City Winter 2000/2001 Newsletter.
3. Item #3B-7. Towing Vessel Officer Licensing Rules Postponed. Until May 21, 2001.
4. Item #3B-8. Reporting Accident; A Lesson Learned. (69.24B). Immediately notify USCG by phone and submit a written report
on form CG 2692 within 5 days. 46 CFR Part 4.
4. Item #3B-9. Eighth Coast Guard District Industry Day. Meeting notification.
5. Item #3B-10. GCMA Supports Pilots Who Man the Traffic Towers At Algiers Point. (Note: Existing VTS no longer uses
watchstanders at Algiers Point.)
5. Item #3B-11. GCMA Follows Up Our Formal Request on Logbook Entries. Our original Logbook Resolution submitted to the
USCG is published here in its entirety.
5. Item #3B-12. Pumping Your Bilges Overboard.
6. Item #3B-13. Horsepower to Tow-Size Ratio.
6. Item #3B-14. Vessels on Foreign Voyages.
6. Item #3B-15. The GCMA 12-Hour Rule Book. Hours of Service. NMA Reports #R-201; #R-201-A, #R-253; #R-276-K; R-302,
#R-370, Rev.4; #R-408 & #R-408-A]
7. Item #3B-16. The Life of a Seaman's Wife. By Mrs. Rita Billiot.
7. Item #3B-17. Anonymous Calls to the Coast Guard. (Note: NMA Report #R-262 is no longer available.)
7. Item #3B-18. What's in the latest NAME Newsletter? (Note: NAME coordinated its Special Edition Newsletter #80 with
GCMA.)
8. Item #3B-19. Offshore Mariners United (OMU) Needs Your Support. (Note: GCMA coordinated with leaders of OMU and the
ITF for the Workboat Show protest in New Orleans for fair treatment of mariners.)
73
8. Item #3B-20. Reporting Defects. 46 USC §3315.
8. Item #3B-21. Coast Guard Investigates Recent Boat Sinking. (NL#12, p.13). NMA Reports #R-311-A; #R-208, Incident #2. Our
file #M-216. Sinking of OSV Cheramie Botruc #26, Gulf of Mexico, Nov. 6, 2000.
GCMA Newsletter #3A – October. 2000
(News Bulletin)
(Note: Because of an unavoidable delay in publishing the GCMA Newsletter, the Board of Directors authorized publishing brief
periodic updates (i.e., this News Bulletin) for our members only.)
1. Who We Are. Sponsors. Officers. Board of Directors.
2. Announcements
2. Item #3A-1. Mailback Slip. Collecting information from mariners interested in joining GCMA and free training.
2. Item #3A-2. Spread the word.
2. Item #3A-3. Where to get important information.
2. Item #3A-4. Where to Get Correct Information. GCMA.
2. Item #3A-5. False Information.
2. Item #3A-6. Free STCW Training for Offshore Mariners. DoL grant money pays tuition.
3. Item #3A-7. Violations of the 12-Hour Rule. NMA Report #R-201 contributed by 58 mariners. “Yellow Book.”
3. Item #3A-8. Blacklisting (Blackballing"). One of the most pervasive evils of the workplace opposed by GCMA.
4. Item #3A-9. Membership Meetings outside Houma.
4. Item #3A-10. Help Mail the Newsletter.
4. Item #3A-11. Towing Vessel Licensing. (Note: NMA Report #R-257 is no longer available.)
GCMA Newsletter #3 – March-April 2000
[Originally published in Newspaper format. Edited by Jessica Smith]
1. Top Dem: Elect Friends of Jones Act. Rep. Bonior (D-MI) Cites GCMA's Work. “Important for all American men and women
who stick their necks out every day for the simple right to have a voice on the job.” Praises U.S. crews. Friend of the Jones Act.
1. Reps. Rahall, Jefferson, Weygand Back Jones Act. AFL-CIO President, Company Execs Ready to Fight for U.S. Shipping. More
for Shipbuilding. Unions and companies work together. Collaboration brings rewards.
2. GCMA to USCG Panel: Restricted Licenses Hurt Gulf Mariners.
2. Give It Back. Pay is not keeping up with rising day-rates for boats and rising natural gas profits.
3. GCMA with VADM Card: Dialogue Key. Second Highest USCG Official Meets with GCMA Group. Open Lines of
Communication. Restricting work opportunities. NOSAC representation. Lifesaving equipment. Follow-up vital. GCMA
participants
4. RADM Pluta Talks on Mariner Issues. Biography. Photo. “Make waterways safer.” Interview with Eighth District Commander.
12-hour rule. Posting watch schedules. Inspections of OSVs. CTVEP exams of towing vessels. Withholding name of those who
complain about 12-hour rule violations. Most common violations discovered by boarding teams. Most important safety
violations.. How can USCG and GCMA best cooperate to improve safety and health. How are RECs preparing to serve towing
vessel operators impacted by new licensing regulations. (Note: RADM Pluta’s next assignment was as Chief of Marine Safety at
USCG HQ.).
7. Together We Make an Effective Voice. Capt. Jimmy Rogers, GCMA Director, talks about why he joined GCMA. It is unfair that
his father retired after working in this industry for 40 years with no pension, no health insurance, and only social security. Lack
of stability in the industry. Getting Congress to listen was a problem until he met with U.S. Senator Mary Landry.
Undermanning. 12-hour rule. Which rules to break? 2 photos
7. Have You Received the Poll? Wilson Center is polling mariners.
8. Accident Insurance Free to GCMA Members. But Note: You can only activate it by calling toll-free #. Who needs it? More
insurance is available at low cost.
8. Mariners Can Find Addictions Help at Thibodaux Outpatient Program.
GCMA Newsletter #2A – December 1999
Holiday Edition
(News Bulletin)
(Note: Because of an unavoidable delay in publishing the GCMA Newsletter, the Board of Directors authorized publishing brief
periodic updates (i.e., this News Bulletin) for our members only.)
1. GCMA Condemns Edison Chouest's Anti-Worker Campaign. GCMA demonstration against anti-worker program in front of
Edison Chouest Company Headquarters.
1. Senator Robichaux Re-elected! A Victory for Mariners and Working Class People of Southern Louisiana
74
2. GCMA Members Attend NOSAC Meeting in Galveston. Complaint about lack of representation by working mariners on
NOSAC. Speakers: Dave Eckstein, GCMA Field Director. Penny Adams, Capt. Mark Duplantis, Capt Bill Munson, Capt.
Richard A. Block.
3. Report Unsafe Conditions Onboard Vessels to GCMA; Report Accidents to GCMA. GCMA member's comments.
5. Mariners Need to Have Their Own Voice. By Capt. William B. Munson, GCMA Director. Source: Houma Courier.
6. Protest Jars Workboat Show. Source: New Orleans Times Picayune.
7. Gulf Coast Mariners Association fact sheet & GCMA Directory of Benefits.
GCMA Newsletter #2 – June - July 1999
(News Bulletin)
(Note: The original News Bulletin is no longer available. We recovered this DRAFT edited by Jessica Smith)
1. GCMA Priority: Working Mariners Must Be on NOSAC. This was the top GCMA Priority to gain seat on NOSAC. Formal
request sent to USCG. GCMA presents case to Congress to put a mariners on this USCG advisory panel.
2. Legislators Respond to Call for Mariner Representation.
3. GCMA Holds Introductory Meetings With D.C.-Based Coast Guard Reps
3. What is NOSAC? Advisory committee role explained to our mariners.
5. GCMA Membership Adopts Bylaws and Elects First Board of Directors.
5. GCMA Committees Described. Three committees established.
6. Mark Your Calendar – GCMA 1999 Meeting Dates.
7. The Jones Act and Why Our Mariners Must Fight for it.
GCMA Newsletter #1 – May 1999
[Published in Newspaper format. Edited by Jessica Smith]
1. Gulf Coast Mariners to Elected Officials: Do Something About STCW, Do It Now! LA Senator Mike Robichaux, MD, calls
public meeting at Larose civic center with congressional staffers. Over 300 mariners and their families attended. Who will pay
for STCW? Paperwork, paperwork. NAME published a special edition of their Newsletter #80 for distribution at this meeting.
(Note: Copy of NAME Newsletter #80 attached.)
1. Boatmen: "We Need an Association" Unity Is Key. Important changes lie ahead for all mariners. Companies (OMSA) is
already involved with the USCG in STCW negotiations that few of our mariners even know about. Sky-high costs of STCW
training predicted – estimated $29,000 at the time for 1600-ton license. Must fight this together. What about exempting limitedtonnage mariners from STCW? If you do not participate, then you will be left in the wake.”
2. How to Order NAME Newsletter #80. (Note: We recovered NAME Newsletter #80 (Special Edition) that was handed out at the
Larose Civic Center meeting and added it to the end of GCMA Newsletter #1. – below.)
2. Get On Committees.
2. Who Can Join GCMA? Answers.
3. STCW: What's It All About? 25 Q&A about STCW..
5. Voice for Gulf Mariners is the Objective of GCMA. STCW proved the need for a Mariners’ Association. Economics of the
industry. Regulatory process. Laws that support industry. Lessons learned from STCW. We still have a chance even though the
ball is at the five-yard line. That's why we have GCMA
6. GCMA to USCG: Working Mariners Must Be Included.
6. Workboat Companies Post Big Profits in 1998. Graph.
6. Offshore Rigs in Gulf Down From a Year Ago.
NAME NEWSLETTER #80 (Special Edition)
1. About NAME. Introduction. (Note: For over 13 years from 1987 t0 2000, NAME coordinated a group of maritime educators
whose students were lower-level (i.e., limited tonnage) merchant mariners in the towing, offshore supply vessel, small passenger
vessel, and charter boat sectors of the marine industry with backgrounds of more than 40 years in those industry sectors. Three
persons from the NAME group subsequently were elected to serve on the first GCMA Board of Directors. Those problems
marked with a star (ê) were subsequently addressed by GCMA and later by NMA.) NMA Reports #R-370-D, Rev. 7.
2. Problem #1. (ê) Merchant Mariners receive shoddy treatment from the Coast Guard. Refer to DoT, Office of the Inspector
General, Report #R-CG-7-013, Merchant Mariner Licensing and Documentation Program. Reproduced in NAME Newsletter
#67. NMA Report #R-401-B.
4. Problem #2. (ê) STCW. NMA Reports #R-206; #R-206-A, Rev. 1; #R-206-B; #R-206-C. (Note: Coast Guard officials trampled
the arguments presented by V.J. Gianelloni III, Esq, a leading maritime educator, on behalf of our mariners and led to
unwarranted expenses for mariners who work offshore. STCW must not encroach upon mariners who work upon our domestic
inland waters and rivers.)
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10. Problem #3. (ê) License “Re-engineering” proposals would destroy the licensing program to pay for STCW. (Note: This license
“re-engineering” led to the establishment of the NMC first in Arlington in 1995 and later in Martinsburg, WV at tremendous cost.
This caused tremendous problems for mariners as reported to Congress in NMA Reports #R-428-D and #R-428-D, Rev. 1 and
almost led to the collapse of the licensing program because of the inadequate medical program designed by Capt. Arthur French,
MD, USCG. The “Medical NVIC” (i.e., NVIC 04-08) is still being debated and has caused incalculable damage to our mariner
morale.)
13. Problem #4. New Towing Vessel Licensing Regulations Will Be Published Soon.
14. Problem #5. The Coast Guard Has Walked Over Maritime Educators.
14. Problem #6. GMDSS Radio Requirements.
14. (ê) Problem #7. Federal Advisory Committees. NMA Report #R-350, Rev. 7, Issue “V”. (Note: Limited access by limitedtonnage mariners to membership on USCG federal advisory committees was resolved by taking the matter to Congress.)
15. (ê) Problem #8. New Suspension and Revocation Regulations. NMA Report #R-204, Rev. 4.
16. (ê) Problem #9. Fatigue. NMA Reports #R-370, Rev. 4; #R-370-G, Rev. 1; #R-200; #R-201; #R-279, Rev. 8; (66.2V). (64.4R).
(62.6Y). (61.2B). (59.25D). (NL#46, p.9). (NL#44, p.6). (NL#42, p.3).
19. (ê) Health and Physical Fitness. NMA Report #R-440-B. (Note: USCG officials unsuccessfully tried to impose military medical
standards regarding Body Mass Index (BMI) upon merchant mariners renewing their credentials.)
21. Reports on Offshore Industry Personnel. (Note: NMA Report #R-428-A. The Coast Guard, with little knowledge of the offshore
oil industry commissioned the “Newman Report” in 1972. The report was prepared by Capt. C.T. Newman, USCG, and his staff
after a year’s work. The report changed the course of the USCG relationship with the offshore oil industry and its service vessels
for the next five years, after which they “lost” the report at Headquarters. When the USCG admitted losing the report, NAME
recovered and reproduced the report.)
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