With one of the Coast Guard Marine Board of Investigation’s stated goals to see if any person or entity contributed in any way to the sinking of El Faro, questions turned more pointed Thursday at the different roles of some of the parties involved.
American Bureau of Shipping Chief Engineer for Statutes Tom Gruber was questioned by Jerry White, who's an attorney representing ABS, on what exactly they do under the responsibilities of a class society and ship surveyor. Gruber made it clear that, while they ensure compliance with codes, they are not involved in creating the codes themselves.
“By law, our review is to show compliance with the required criteria. We are not permitted to require something over and above the minimum criteria set forth in the CFR [Code of Federal Regulations],” Gruber responded, specifically when questioned about what they do in a stability review.
With other areas, like a ship's incline test, Gruber says the regulations themselves aren't always fully updated. One of the standards under the Coast Guard's guidance on running incline tests is not the most recent- meaning some of the newer technology isn't under the guidance. Asked by the Chair of the MBI, Gruber says it could be beneficial to bring the new technology in.
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When it comes to the job they do for ensuring compliance with statutes, Gruber is confident in the work ABS does.
"Is there any doubt as to the validity of the approvals for the inclining for El Faro for 1993 and 2006," asked White.
“I stand by the approvals, those two approvals,” Gruber responded.
Still other part of ship operations require ABS oversight from a statutory perspective, but limited functions after that. Specifically with the ship’s Trim and Stability Book, Gruber says they approve it, but are not involved in training to ensure the ship’s Master and crew know how to properly apply it. He says training would be the responsibility of the ship’s Master, crew, and owner.
On El Faro's final voyage, Gruber says she was in compliance with the Trim and Stability Book and similar stability requirements.
FULL COVERAGE: El Faro sinking
Beyond regulations, Gruber was also specifically asked more about El Faro's vent trunk arrangements. There appeared to be drainage holes added in some areas of the exhaust vents on her sister ship, El Yunque. Investigators haven't yet determined whether similar holes were on El Faro. Also on El Yunque, there are fire dampers that are also listed as weathertight fixtures, leading to some questions on whether there would be a conflict on when those would be closed.
A representative with ABS’ surveyor team will be called later in the MBI to speak to some of the other questions that go beyond statutes. In addition to be a class society, ABS performs inspections on behalf of the Coast Guard for some commercial vessels under the Alternate Compliance Program.
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