Maritime & Jones Act News

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Tug capsizes and sinks in Louisiana storm
On June 24, 2009, the 48 foot CAPT MACK radioed the U.S. Coast Guard and reported that the vessel was taking on water. The tug, owned by Bertucci Contracting Corp. of Jefferson Louisiana was pushing an empty from Metairie to Slidell when the accident occurred. Shortly after the Coast Guard arrived and rescued the crew, the vessel capsized and sank.

Construction barge worker fatally injured while pinning off a spud
On June 26, 2009, a construction worker was fatally injured as a result of the accident in Pine Creek. The worker, who had over ten years of experience, was working for Norwalk Marine Contractors Inc. The worker was knocked into the tidal creek while pinning off a spud.

Coworkers rescued the man from the water, but the worker did not survive the severe head injury. He was pronounced dead in a hospital a week later. Interestingly, Norwalk Marine Contractors Inc. has redesigned its barge spud system after this tragic incident.

Overloading, possible steering failure suspected in CAP BLANC deaths
On December 1, 2008, all four crew members of the CAP BLANC were killed when that vessel capsized. The CAP BLANC was carrying 204 metric tons of de-icing salt in 160 bags. At the estimated time of capsizing, the wind was gusting to 38 knots. Due to the load involved, it was determined that a loss of steering capacity is a causal factor in the incident. One body remains missing.

Crewman Lost as Boat Capsizes
A Jones Act seaman on a seismic vessel was killed in the Gulf of Mexico when the small work boat capsized. The 26 foot vessel capsized in 4 to 6 foot seas while carrying four people between a pair of research ships. The U.S. Coast Guard dispatched at least three vessels, a helicopter and an airplane in an attempt to locate a missing crewman. An eye witness stated that it appeared the inflatable PFD did not completely inflate. The man was last seen swimming toward an equipment buoy. He is now presumed dead. The seismic vessels are owned and operated by U. K. based oil companies with substantial operations in Houston, Texas. The Coast Guard said that the small boat was launched from a nearby vessel owned by Edison Chouest Offshore and was on long term charter to WesternGeco. The deceased seaman was 50 years old and from Lafourche Parish, Louisiana. There are some indications that the small personnel boat experienced troubles due to operating in 4 -6 foot seas while alongside much larger vessels. This unfortunate incident may trigger claims under the Jones Act.

Towboat and barges take out highway bridge in Biloxi, Mississippi.
Two barges being pushed by a towing vessel destroyed a highway bridge on Mississippi’s southern coastline. The CHERYL STENBAUR was pushing eight barges loaded with crushed stone when the two lead barges were involved in an allision with the Popp’s Ferry Bridge. The barges destroyed the wooden dolphin system before striking the bridge. Two 90 foot spans fell into the sound and onto the barges. The falling debris sank one of the lead barges. The U.S. Coast Guard is investigating whether the unusual tidal currents were a factor in this maritime incident. Fortunately, there were no injuries as a result of this very costly accident.

U.S. Coast Guard aims to release proposed tugboat inspection rules this spring
While associations such as American Waterways Operators (AWO) have already established voluntary programs for towing vessel, large towing vessels have not been subject to mandatory inspections. The forthcoming proposed recommendations were drafted with input from the Towing Safety Advisory (TSAC). TSAC is comprised of representatives of shippers, port and terminal personnel, labor officials, the barge industry, and members of the public. Once the proposed rules are made public by the US Coast Guard, there will be a 120 day period for public comment and input, followed by a period of review and possible implementation in 2010.

Demand for trained mariners remains firm despite global economic downturn
Enrollment in training facilities in Texas, California, New York, Maine, Michigan and Massachusetts continues to increase. According to the U.S. Maritime Administration (MarAd) approximately 85% of graduates who earned merchant marine licenses from those six state maritime academies in 2008 are now employed in the industry. Much of the demand for merchant mariners is in the tug and towing industry. As a result of the stringent Standards of Training, Certification and Watchkeeping (STCW), the industry is continuing to see a shortage of qualified people in the tug, barge and oil industry. Due to the demand for qualified workers which continues to be greater than the supply of new graduates, companies will have to offer apprentices in order to allow mariners to gain experience in the service of the company. It is estimated that in order to meet demand, the number of qualified candidates will have to double.

NTSB cites risky maneuver by pilot caused ship to hit bridge on Mississippi.
In an accident which resulted in almost $9 million in damages to the bridge and ship, the Coast Guard found fault with the pilot for attempting to turn a Bahamas-flagged tanker at a dock next to a bridge, instead of moving the vessel down river through the bridge before turning. Lack of “situational awareness” and poor communication between the pilot and master also contributed to this incident.

Two die when defective bow gate opens in rough water on crew boat.
Water flooded the listing vessel and pulled three of its seven passengers/crew members into the water. Five survivors were able to swim to shore. Investigation into the failure of the bow gate continues.

Pushboat captain charged with operating vessel while intoxicated
A Louisiana pushboat captain, while pushing two barges, veered off course, sideswiped a 28 foot skiff, then became stuck in the mud. The Coast Guard received a report that the vessel was being operated erratically and possibly allided with a shrimp boat and a pier. The Captain was found asleep at the wheel. Upon investigation, the Captain was found to be in possession of Ambien without a prescription.

Failed survival suits called cause of deaths of two tug crew members
While underway to deliver the vessel to a buyer, the vessel began taking on water and sinking. Officials cited failure of the victims’ immersion suits before any rescue was possible. Interestingly, the internal investigation also offered recommendations to improve communications, staffing, equipment and training. Upon retrieval of the bodies, it was found that the survival suits were in poor condition and completely inundated with water.