LONE STAR HARBOR SAFETY COMMITTEE Full Managing Board Meeting

June 5, 2020 9:00 AM

Houston Pilots Offices & GotoWebinar Virtual Meeting: Register

(The managing board will be meeting in person; public attendees are asked to join via webinar.)

A. Opening Remarks by Committee Chair – Captain David A. Foret, Jr.

B. Invocation – Darren Shelton

C. Meeting Instructions – Citlalli Martinez D. Welcoming Remarks by Captain of the Port – Captain Kevin Oditt

E. Roll Call/Introductions of the Committee – Citlalli Martinez F. Approval of Minutes – February 7, 2020 Meeting – Citlalli Martinez

G. Industry Recognitions H. USCG Sector Houston-Galveston Procedures for the Release of Information on Pending Casualty

Cases Presentation – Chief, Investigations Division, Bruce L. Davies, Esq.

I. USCG Sector Houston-Galveston 2020 Hurricane Season Presentation – Lieutenant Commander Sarah Rousseau

J. Subcommittee Reports and Working Group Updates:

1) Navigation Operations Subcommittee and Working Groups – Captain David Foret

a) Menhaden Working Group – Naval Aranke (Virtual) b) Aton Working Group – CWO Matt Fonville/Tracy Cheramie (Virtual) c) Fleet Working Group – Jerry Torok/Lieutenant Commander Sarah Rousseau

2) Waterways Utilization Subcommittee and Working Groups – J.J. Plunkett

a) Certificate of Compliance Working Group – Jeff Kindle b) Technology Working Group – Mike Warner c) Facility Working Group – Captain Chad Prejean/John Taylor

3) Dredging & Marine Construction Subcommittee – David Casebeer (Virtual)

a) U.S. Army Corps of Engineers – Tricia Campbell (Virtual)

4) Maritime Education, Training and Outreach Subcommittee – Amy Arrowood 5) Freeport Subcommittee – Collen Kallestad

K. Remarks by USCG Sector Houston-Galveston Personnel 1) Waterways Management and ATON – Lieutenant Commander Sarah Rousseau 2) Vessel Traffic Service – Steve Nerheim/Brian Smith 3) Area Maritime Security Committee – Upcoming Events – Gary Messmer (Virtual) 4) Area Committee – Matt Tilimon (Virtual)

L. Old Business:

M. New Business:

N. Roundtable Comments – Captain David A. Foret, Jr.

1) LS HSC Managing Board – General Comments and Discussion 2) Public Attendees – Virtual Questions Answered

O. Upcoming Schedule: (Check www.lonestarhsc.org for details & updates)

• Navigation Operations subcommittee TBD • Waterway Utilization subcommittee TBD • Maritime Education, Training, & Outreach subcommittee TBD • Dredging subcommittee TBD • Freeport subcommittee TBD • LS HSC Full Committee September 4, 2020

P. Adjourn

USCG Sector Houston-Galveston Investigations Division

Procedures for the Release of Information on Pending Cases

Ref: (a) Coast Guard Freedom of Information and Privacy Acts Manual, COMDTINST

M5260.3 (series) (b) External Affairs Manual, COMDINST M5700.13 (series) (c) Marine Safety Manual, Volume V, Investigations and Enforcement, COMDTINST

M16000.10 (series) (d) Public Affairs Manual, COMDTINST M5728.2 (series)

Objective: The purpose of this document is to provide the public with relevant information regarding casualties that occur in our AOR that may contain significant safety information of immediate and continuing importance to marine navigation. Often, Coast Guard investigations take several months to conclude and typically the maritime public is unaware of the factual circumstances of the casualty until the investigation is concluded. In the interest of providing the public and maritime entities with timely information, the Coast Guard will provide, to the greatest extent possible, factual information related to the casualties as outlined below.

Applicability: Command Cadre, Division Chiefs, Branch Chiefs or their Assistants.

Background: The Coast Guard’s position with regard to ensuring the public is informed about relevant information pertaining to marine casualties that occur in our AOR has always been one of transparency. However, often times Coast Guard investigations can span several months, and typically, leave the public unaware of the casualty’s factual circumstances until its conclusion. It is imperative in maintaining our position of transparency and broadcasting important safety information that all information releasable to the public is done so in a timely manner; “Maximum Disclosure, Minimum Delay.” Ultimately ensuring the public is provided with relevant, significant safety information of immediate and continuing importance to marine navigation.

Introduction: The Public Affairs Manual, COMDTINST M5728.2, provides three general rules for the release of information: (1) if you are responsible for something, you can talk about it; (2) if you are not responsible for something, don’t talk about it; (3) if you are uncertain, seek guidance before talking about it. This section will provide additional, more specific guidance on what you can and cannot release during marine investigations. See reference (c) for additional information.

Details: Guidance for the release of information pertaining to ongoing Coast Guard marine investigations is outlined below.

(1) Information AUTHORIZED for release: When releasing information to the public, remember to only release facts that are not in dispute. An example of facts in dispute are conflicting statements with regard to the time of an incident. If one source stated an incident occurred at 1300 and another at 1500, you cannot release the time of the incident; however, you may state that the incident occurred in the afternoon. In the interest of transparency and providing the public and maritime entities with timely information, the Coast Guard will provide, to the greatest extent possible, the following factual information related to casualty investigations:

a. Names of vessels involved b. Date of the incident c. Time of the incident d. Location of the incident e. Facts about the incident f. Video or still imagery (Command Center / VTS recordings) - engage District

Legal**

(2) Information NOT AUTHORIZED for release:

The following information will not be released as it may potentially jeopardize ongoing investigations:

a. Opinions b. Coast Guard’s determination of cause c. Conclusions d. Information that could stoke speculation e. Information that could deprive a person of a fair trial f. Information that could constitute an unwarranted invasion of privacy g. The disclosure of a confidential source h. Disclosure of investigative techniques i. Information that could endanger the life or safety of a law enforcement official

(3) Information that is questionable for release: When clarity of whether or not certain information should be released contact the unit Public Affairs Officer and/or District Legal. All inquiries, including those from the media or the public, regarding matters for which criminal prosecution is being considered, or for which referral to DOJ has been made, should be referred to the servicing Legal Office.

#

Form 2656 Damage Claim Checklist/Cover Sheet

Page 1 of 1(01/17)

District #/ Maint Section #: 120006

TXDOT Property Damaged: IH 10 AND SAN JACINTO BRIDGE MAJOR BRIDGE DAMAGE

Driver/Responsible Party: LINDBERG CROSBY / CROSBY TUGS LLC

Date of Accident/Incident: Feb 11, 2019

County accident/incident occurred: HARRIS

Task # (if applicable): 12D21119

ADDITIONAL NOTES:

Cost Back-Up Documentation [Including but not limited to: Quotes, Invoices, Contractor Worksheets, DAR's/Timesheets, MMS Work Order Details, SiteManager Daily Work Reports, Material Issues/Receipts, any additional supporting documentation]

Attached Documents:

Statement of Repair (including Gen & Admin Cost, Signatures & all pages of the form 1494)

Police Crash Report/Investigating Officers ReportIF NONE, written explanation of how responsible party was identified and include billing information for responsible party:

PLEASE REVIEW THE CORRESPONDENCE ON PAGES FIVE AND SIX OF THE FILE FOR INFORMATION ON INVESTIGATIVE REPORTS CONCERNING THE ACCIDENT

IF NONE, reason:

Photo's of Accident/Damage (color if possible)

* The current General and Administrative Rate may be found at http://crossroads/org/fin/FINformation/Memos/FY2012/FY2012-IndirectCosts.pdf

Page 1 of 3(Rev. 9/19)Form 1494

Statement of Repair

Owner (if known): CROSBY TUGS LLC

Name (if known): LINDBERG CROSBY

Date: 10/30/19Claim Number: 12D21119 Task Number: 12D21119District Number: 12

Date of Accident: February 11, 2019

Location of Damage: IH 10 and SAN JACINTO BRIDGE

City: HOUSTON County: HARRIS

Highway: IH 10

Description of Damage: MAJOR BRIDGE DAMAGE

Maintenance Section Number: 006Functional Group Number: 1200

Delete this Section

AmountTotal Units Rate Labor Charges [Click on (+) to ADD items (-) to DELETE items]

$ 4,401.28Labor 104 42.32000hour

Labor $ 109.31 31.23000hour3.5

Labor $ 4,307.60 39.16000hour110

Labor $ 73.64 36.82000hour2

Labor $ 235.04 29.38000hour8

Labor $ 7,395.44 71.11000hour104

Labor $ 2,689.03 37.09000hour72.5

Labor $ 1,087.50 72.50000hour15

Labor $ 642.70 64.27000hour10

Labor $ 595.65 79.42000hour7.5

Labor $ 1,908.40 36.70000hour52

Labor $ 6,607.02 54.83000hour120.5

Labor $ 2,863.42 25.34000hour113

Labor $ 174.36 29.06000hour6

Labor $ 1,063.92 24.18000hour44

Labor $ 231.44 21.04000hour11

Labor $ 169.59 56.53000hour3

Labor $ 5,777.60 50.24000hour115

Labor $ 1,216.32 28.96000hour42

Labor $ 989.12 28.67000hour34.5

$ 42,538.38Subtotal - Labor Delete this Section

AmountTotal Units Rate Equipment Charges [Click on (+) to ADD items (-) to DELETE items]

Equipment 4394K $ 588.50

Equipment 4219K $ 13.02

1,177 0.50000

0.62000

miles

miles21

Equipment 4826J $ 714.561,232 0.58000miles

Equipment 4216K $ 31.0050 0.62000miles

Equipment 4613J $ 100.92174 0.58000miles

Equipment 4820H $ 184.80176 1.05000miles

Equipment 5607J $ 765.601,320 0.58000miles

Equipment 5094H $ 867.681,496 0.58000miles

$ 3,266.08Subtotal - Equipment

Form 1494 (Rev. 9/19)Page 3 of 3 Total ChargesClaim/Task Number: 12D21119 $ 1,760,652.59

Labor Costs (Salaried & Hourly)

These labor charges are determined by the number of direct labor hours charged to the project by salaried/hourly employees. Included charges are unemployment insurance, health benefits, retirement benefits, and other charges incurred by TxDOT on behalf of the employees involved with the project.

Equipment Charges

These costs are determined by the number of hours or miles that the Department's various pieces of equipment are used to complete the project. Each piece of equipment has a predetermined hourly usage rate. This rate includes depreciation and repairs.

Materials and Supplies

These are the materials and supplies used to repair the damaged property.

Other Charges

These are the overhead costs associated with the handling of materials and supplies and are assessed based on the dollar value of the materials and supplies used on the project.

General and Administrative Costs

These are the general and administrative costs of the district's support services as well as those of TxDOT's general administration. Costs include but are not limited to accounting, budgeting, auditing, centralized purchasing, and legal services. The recovery of indirect costs is required by Texas Government Code, Chapter 2106.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2106.htm#2106.003 Crash/Accident Report

To obtain a copy of a Crash/Accident Report contact TxDOT Crash Records Customer Service Line at (512) 486-5700. The request must be in writing and fee must be paid. The Texas Transportation Code Chapter 550 states Crash Records information is privileged and for confidential use. http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.550.htm#550.065

Statute of Limitations

A right of action of the state is not barred by any statute of limitations. See Texas Civil Practice and Remedies Code Chapter 16, §16.061 'Rights Not Barred'. http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.16.htm#16.061

No Depreciation on Real Property

The "replacement-cost depreciation method" is used because that is the cost to the Texas taxpayers. "Replacement-cost depreciation method" is defined: "A depreciation method that fixes an asset's value by the price of its substitute." This is referenced in the Black's Law Dictionary.

Negligence - Authority to Collect for Damages

"The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others' rights." This is referenced in Black's Law Dictionary.

1

From:Maria Aponte <Maria.Aponte@txdot.gov>Sent:Monday, September 23, 2019 3:58:37 PMTo: Paris Morris <Paris.Morris@txdot.gov>;

Ray Castillo Jr<Raciel.Castillo@txdot.gov>

Subject: IH 10 at San Jacinto River Insurance company

Good afternoon,

Please see the information on the insurance company for the Canal barges that impacted our IH 10 WB bride at the SanJacinto River on September, 19:

Great American Insurance Group301 East 4th St., Suite 22Cincinnati, Ohio 45202 4201

The underwriter is Patricia House and her contact number is 513 412 1983.The insurance claim number is 976535635.

Please know that Ms. House is also the underwriter for the claim of the barge that hit our IH 10 WB bridge in February2019, and she should be able to help us get the claim information we need.

Thank you,María

1

From: Lonardo, Paul F CIV [mailto:Paul.F.Lonardo@uscg.mil]Sent: Tuesday, February 26, 2019 9:00 AM To: Ray Castillo Jr Cc:Davies, Bruce L CIV; Belanger, Brett F LT Subject: RE: IH 10 at San jacinto river bridge hit

This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender andknow the content is safe.

Good morning Mr. Castillo,

As per your request for a copy of our investigative report, I am not authorized to release all the information that you arerequesting at this time as described below. However, here are some details that will be helpful to you:

USCG Case #1161763Date of Incident: 02/11/2019Vessels involved:

1) Tug LINDBERG CROSBY, Official #569107, Owner Crosby Tugs, LLC., 17771 Hwy 3235, Galliano, LA 70354, PH985 632 7575

2) Barge SHAWNEE, Official #1235319, Owner – Kirby Inland Marine, 55 Waugh Dr. Ste 1000, Houston, TX 77007,PH 713 435 1000

In order to receive a copy of the completed case report, you must file a Freedom of Information Request by thefollowing instructions.

FOIA requests may be submitted in writing via mail or overnight carrier to:

COMMANDANT (CG 611)ATTN FOIA OFFICERUS COAST GUARD STOP 77102703 MARTIN LUTHER KING JR AVE SEWASHINGTON DC 20593 7710

or via electronic mail to the Headquarters FOIA Coordinator EFOIA@uscg.mil .

2

Please keep in mind, the Sector Houston office is not authorized to release any documents contained in the investigativereport. Our Headquarters office is authorized to release the report, but will not do so until the case has been closed. Youcan submit your request at any time, a tracking number will be assigned, and the request will be on hold until the case iscompleted. Estimated wait time could be in excess of 90 days.

Sector Houston Galveston case Number is: 1161763

If you have any questions feel free to contact me anytime.

Respectfully,

Paul Lonardo, CIV (GS 12)Marine Investigator281 464 4708

USCG Sector Houston GalvestonInvestigations Division13411 Hilliard StreetHouston, TX 77034 5635

Investigations Office email: HoustonIO@uscg.mil

From: Ray Castillo Jr <Raciel.Castillo@txdot.gov>Sent: Thursday, February 21, 2019 3:29 PMTo: Lonardo, Paul F CIV <Paul.F.Lonardo@uscg.mil>

Subject: [Non DoD Source] IH 10 at San jacinto river bridge hit

Good afternoon Paul,

Is it possible to get a copy of the accident report/case report? We will need it to fill out our Damage claim paperwork toget reimbursed for the damages. Information we usually need is the case number, company name responsible,individuals name responsible, driver’s license number, or Captains license etc. If you have any questions feel free to giveme a call. Thank you very much for your help.

Raciel (Ray) Castillo Jr.713 213 1530Assistant Maintenance SupervisorSouth East Harris Maintenance

Bridge Allision – Houston Texas Hwy I-10 Over San Jacinto River – February 11, 2019

Harris County Sheriff’s Dept. video of Interstate Highway 10 Bridge allision over the San Jacinto River, February 11, 2019, involving the towing vessel LINDBER CROSBY and bottle tank barge SHAWNEE

55’ towing vessel LINDBERG CROSBY (O.N. 569107)

245’ pressure bottle tank barge SHANEE (O.N. 1235319)

Bridge Allision – Houston Texas Hwy I-10 Over San Jacinto River – February 11, 2019

Hwy I-10 Bridge over the San Jacinto River – concrete support pillar struck by barge SHAWNEE.

Tank barge SHAWNEE bow head log – point of impact with bridge pillar.

Damaged west-bound concrete pillar to Hwy I-10 bridge.

Texas Department of Transportation: Total cost for repairs $1.5 million.

Bridge Allision – Houston Texas Hwy I-10 Over San Jacinto River – February 11, 2019

CROSBY LINDBERG starboard engine air valve (Mfg. Aventics) actuator for the propulsion clutch drive (post-casualty installed).

Air valve actuating rod detached from clutch linkage shifter lever; locking clutch drive in forward position.

Probable Cause: NTSB/USCG investigation determined linkage failure prevented operator from disengaging the engine; resulting in the barge striking the bridge support.

MENHADEN W/G UPDATE 05TH JUN 20

This has been an active Menhaden season to date, as predicted by Texas Parks and Wildlife. We saw one instance very early on in April and then had 3 more in May. One of these ships reported clogging of her filters twice within a matter of an hour, abreast lts 35/36 and then again at lts 87/88.

3 of these clogs happened within 3 miles North and South of the Bayport flare – 2 abreast lts 87/88 and lts 85/86 and one at lts 67/68.

In all cases the ships were well prepared to take immediate action - switched over sea suctions, cleaned clogged strainers and moved on.

As Mark Bottiglieri has brought it up in his email to industry partners, it would be prudent to highlight to all traffic the increased Menhaden incidences we are seeing of late and take cognizance of MSIB 14-20 and Robert Shearon’s (Houston Pilot’s) letter on this subject and BE PREPARED.

I recently shared a video of sorts with some folks here showing this issue in real time, I wonder if we could post this on the LSHSC website to increase awareness?

Sincerely

Naval Aranke

U.S. Army Corps of Engineers Project Update June 5, 2020 (DATES AND PROJECTS SUBJECT TO CHANGE) Ongoing contracts/mods: 1) Freeport Harbor PA1 Dike Raising (Herve Cody): Work is complete. 2) HSC Alexander PA Improvements (Affolter Contracting, Inc): Work is complete. 3) Galveston Pelican Island PA Improvements (RLB Contracting, Inc): Work ongoing. Completion estimated September 2020. 4) HSC Morgan’s to Exxon and Barbours Cut Dredging (Orion Marine Group): Barbours Cut dredging complete. Dredge Richard LaQuay is currently addressing shoaled areas near Exxon and BOSTCO then will continue with remaining work between Morgan’s Point and Exxon. Completion estimated September 2020. 5) HSC Redfish to Beacon 78 and Bayport Flare hopper dredging (Manson Construction, Inc): Dredge Glenn Edwards completed work in the Bayport Entrance Channel and the Green side of the Bayport Flare to alleviate the draft restrictions. The dredge will return to the HSC and Bayport Flare in mid-July to complete the remainder of the contract work. Overall contract completion August 2020.

6) HSC Brady Island to Turning Basin dredging (RLB Contracting, Inc): Dredge Diamond No. 9 is working in the HSC. Project is mechanical dredging with pumpout to Rosa Allen PA. Estimated contract completion August 2020.

7) HSC Peggy Lake Dewatering and Dike Raise (Affolter Contracting, Inc): Work is ongoing. Overall contract completion May 2021.

8) Galveston San Jacinto PA Improvements (DredgIt Environmental Corporation): Work is ongoing. Overall contract completion July 2020.

9) HSC Placement Area 14 Dike Raise (Pontchartrain Partners, LLC): Work is ongoing. Overall contract completion Sep 2020. 10) GIWW Freeport to Upper Matagorda Bay (Orion Marine Group): Dredge Leonard Fischer is working west to east in Matagorda Bay vicinity of Station 850+000 to Station 855+000. Subcontractor has finished dredging the Brazos River Flood Gate boathouse and the Colorado River Locks boathouse and is demobilizing from west CRL. Required completion of GIWW dredging is estimated in July 2020. 11) Galveston Harbor & Texas City Channel Hopper Dredging (Draft Restrictions): Dredge Stuyvesant has completed work on Texas City and Galveston Harbor. Partial restriction relief on Galveston, until pipeline dredging job later this summer. 12) HSC Clinton PA improvements: Awarded to Texas Dewatering LLC. Notice to Proceed issued 5/27/20, Overall contract completion March 2022

Upcoming Planned Federal projects:

• HSC Mid Bay PA Improvements: Awarded on 6/1/2020 to Pontchartrain Partners, LLC. • Texas City Main Channel and Turning Basin Maintenance Dredging: Bids opened, but are under

evaluation to determine if awardable. Estimated award July 2020. • Galveston Harbor pipeline dredging: August 2020 award • Freeport Jetty and Inside Channel: September 2020 award • HSC Lost Lake PA Improvements: September 2020 award • GIWW FY20 Rollover to Causeway: September 2020 award with estimated April 2021 completion.

Potential options will be included on the contract for dredging of Galveston Alternate Channel, Offats Bayou, and Pierce Marsh Restoration (all options are funding dependent and would add additional time to the contract).

• HSC PA15 Improvements: September 2020 award • HSC Exxon to Carpenters: September 2020 award • HSC House Tract PA Improvements: November 2020 award