Maersk Tankers MR K/S v. M/T SWIFT WINCHESTER (IMO No. 9470909) her engines, tackle, appurtenances, etc., in rem et al, No. 3:2022cv00390 - Document 78 (S.D. Tex. 2023)
Court Description: OPINION AND ORDER re: Motions to Seal (rltd Dkt entries 66 , 67 & 68 ). (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3) (Additional attachment(s) added on 2/8/2023: # 1 Exhibit 1 (redacted Dkt .39), # 2 Maersk's In Camera Exhibits Redacted) (rcastro, 3).
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Maersk Tankers MR K/S v. M/T SWIFT WINCHESTER (IMO No. 9470909) her en...enances, etc., in rem et al Doc. 78 Att. 2 Exhibit 1 In camera Dockets.Justia.com From: To: Cc: Subject: Date: Kelly Haas Victor Johansson; Patrik Del Mestre James Bailey; Tankers Swiftbulk; Swift Winchester VCG; "Stefanos Kasselakis"; "John Karystios"; Avdal, Gjermund; Christoffersen, Dag; niree.mahabeer@vgrouplimited.com; Laiho, Vesa; Nordstrand, Ronny; Steve Cunningham IMC; Robert Klawetter; Dylan Hoke; Tate Williams FW: Swift Winchester - Detained by USCG - TSC ref: 20222682 Monday, September 12, 2022 8:53:00 AM Kelly M. Haas D: 713.893.6168 | M: 832.465.1176 From: Kelly Haas khaas@sbsb-eastham.com Sent: Saturday, September 10, 2022 6:11 PM To: Victor Johansson Victor.Johansson@swedishclub.com; Patrik Del Mestre Patrik.DelMestre@swedishclub.com Cc: Tankers Swiftbulk tankers@swiftbulk.com; Swift Winchester VCG tech.swiftwinchester@vships.no; 'Stefanos Kasselakis' sk@swiftbulk.com; 'John Karystios' jk@swiftbulk.com; Avdal, Gjermund Gjermund.Avdal@vships.no; Christoffersen, Dag Dag.Christoffersen@vships.com; niree.mahabeer@vgrouplimited.com; Laiho, Vesa vesa.laiho@vships.no; Nordstrand, Ronny ronny.nordstrand@vships.no; Steve Cunningham IMC scunningham@IndependentMaritime.com; Robert Klawetter RKlawetter@sbsb-eastham.com; Dylan Hoke dhoke@sbsblaw.com; Kelly Haas Khaas@sbsblaw.com; Tate Williams tate@hilderlaw.com; James Bailey JBailey@sbsb-eastham.com Subject: RE: Swift Winchester - Detained by USCG Best regards, Kelly M. Haas Partner 1001 McKinney Street | Suite 1400 Houston | Texas | 77002 (713) 893-6168 | Direct (832) 465-1176 | Cell (713) 574-2942 | Fax khaas@sbsb-eastham.com The information transmitted, including any attachments, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited, and all liability arising therefrom is disclaimed. If you received this in error, please contact the sender and delete the material from any computer. Thank you. Exhibit 2 11/20/22, 9:03 AM SEARCH PSIX USCG PSIX Search Page FEATURED LINKS WEB ACCESSIBILITY POLICY FOIA REQUESTS CONTACT US Results for Vessel: SWIFT WINCHESTER Vessel Information: Vessel Name: SWIFT WINCHESTER Primary Vessel Number: 9470909 (IMO Number) Hull Identification Number: N/A Manufacturer Hull Number: N/A IMO Number: 9470909 Vessel Flag: MARSHALL ISLANDS Vessel Call Sign: V7RF3 Vessel Particulars: Service: Tank Ship Length: 601.00 ft Breadth: 105.70 ft Depth: 61.70 ft Build Year: 2009 Alternate VINs: N/A Service Information: Service Status: Active Out Of Service Date: N/A Last Removed From Service By: N/A Tonnage Information: Cargo Authority: Vessel is authorized to carry products listed on the International Certificate of Fitness and other petroleum products. Tonnage: 29130 - Convention (Subpart B), Gross Ton 12052 - Convention (Subpart B), Net Ton 56300 - Displacement, Metric Ton 46093 - Dead Weight, Metric Ton Vessel Documents and Certifications Document SOLAS Cargo Ship Safety Equipment Certificate ISM - Safety Management Certificate International Oil Pollution Prevention Certificate ISM - Safety Management Certificate ISM - Safety Management Certificate International Certificate of Fitness - Chemical International Load Line Certificate SOLAS Cargo Ship Safety Construction Certificate SOLAS Cargo Ship Safety Equipment Certificate Certificate of Compliance - Tank Vessel International Oil Pollution Prevention Certificate SOLAS Cargo Ship Safety Equipment Certificate Certificate of Fitness - Chemical Carrier SOLAS Cargo Ship Safety Construction Certificate SOLAS Cargo Ship Safety Radio Certificate ISM - Document Of Compliance SOLAS Cargo Ship Safety Equipment Certificate ISM - Safety Management Certificate Classification Document International Certificate of Fitness - Chemical International Load Line Certificate International Oil Pollution Prevention Certificate SOLAS Cargo Ship Safety Construction Certificate SOLAS Cargo Ship Safety Radio Certificate ISM - Document Of Compliance Minimum Safe Manning Document Tonnage Certificate, International International Oil Pollution Prevention Certificate Certificate of Compliance - Tank Vessel COC-TVE Renewal International Load Line Certificate International Certificate of Fitness - Chemical https://cgmix.uscg.mil/PSIX/PSIXSearch.aspx Agency LR LR LR LR N/A LR LR LR LR N/A LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR MH LR N/A N/A N/A LR N/A Date Issued August 14,2022 August 27,2021 May 13,2020 April 15,2020 August 20,2019 August 11,2019 August 11,2019 August 11,2019 August 11,2019 April 18,2019 April 4,2019 April 4,2019 April 2,2019 April 2,2019 April 2,2019 June 22,2018 June 29,2016 June 25,2014 May 12,2014 May 12,2014 May 12,2014 May 12,2014 May 12,2014 May 12,2014 November 5,2013 February 26,2013 February 26,2013 May 31,2011 May 23,2010 May 23,2010 April 24,2010 January 19,2010 Expiration Date April 23,2024 August 26,2026 April 23,2024 May 11,2024 May 11,2024 April 23,2024 April 23,2024 April 23,2024 April 23,2024 April 18,2021 July 23,2019 July 23,2019 July 23,2019 July 23,2019 July 23,2019 June 30,2023 April 23,2019 May 11,2019 April 23,2019 April 23,2019 April 23,2019 April 23,2019 April 23,2019 April 23,2019 June 30,2018 April 23,2014 May 23,2012 May 23,2012 April 23,2014 April 23,2014 1/9 11/20/22, 9:03 AM USCG PSIX Search Page ISM - Document Of Compliance ISM - Safety Management Certificate ISM - Safety Management Certificate ISM - Document Of Compliance Classification Document International Oil Pollution Prevention Certificate Minimum Safe Manning Document SOLAS Cargo Ship Safety Construction Certificate SOLAS Cargo Ship Safety Equipment Certificate SOLAS Cargo Ship Safety Radio Certificate Tonnage Certificate, International N/A LR LR LR LR LR MH LR LR LR LR December 21,2009 December 21,2009 December 21,2009 October 11,2009 April 24,2009 April 24,2009 April 24,2009 April 24,2009 April 24,2009 April 24,2009 April 6,2009 September 16,2014 October 10,2014 September 16,2014 October 14,2014 April 23,2014 April 23,2014 April 23,2014 April 23,2014 April 23,2014 Summary of Coast Guard Contacts Click Here To View Contact Data From: 11/20/2017 To: 11/20/2022 (MM/DD/YYYY) Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date 7574042 Not Associated with a Case Port Arthur, Texas Saturday, October 8, Vessel Inspection 2022 System SubSystem Cause 13 - Propulsion and Auxiliary Machinery N/A - No Subsystem Not Available Activity Type Deficiency Information Description of Deficiency The machinery, boilers and other pressure vessels, associated piping systems and fittings shall be of a design and construction adequate for the service for which they are intended and shall be so installed and protected as to reduce to a minimum any danger to persons on board, due regard being paid to moving parts, hot surfaces and other hazards. The design shall have regard to materials used in construction, the purpose for which the equipment is intended, the working conditions to which it will be subjected and the environmental conditions on board. Vessel reported failure of Main Engine (ME) electronic governor. ME unable to maintain speed less than 57rpm, required for Slow and Dead slow speeds, when operating from Bridge and Engine Control Room (ECR). Ability to control ME from local control station is satisfactory. 74 SOLAS(20)II-1/26.1 Due Date Resolved Resolved Date Monday, November 7, 2022 True Saturday, October 8, 2022 Resolution Description Reviewed class report attesting to repairs and proper function of Main Engine. Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date Activity Type 7553932 1321069 Port Arthur, Texas Wednesday, September 7, 2022 Vessel Inspection Deficiency Information System SubSystem Cause 07 - Fire Safety N/A - No Subsystem Improper Installation Description of Deficiency After any survey of the ship under regulations 7, 8, 9, or 10 has been completed, no change shall be made in the structural arrangements, machinery, equipment and other items covered by the survey, without sanction of the Administration. During Port State Control exam, PSCOs observed after-market hold-backs installed for the self-closing fire door between the boiler flat and the escape hatch. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 07 - Fire Safety N/A - No Subsystem Improper Installation Description of Deficiency After any survey of the ship under regulations 7, 8, 9, or 10 has been completed, no change shall be made in the structural arrangements, machinery, equipment and other items covered by the survey, without sanction of the Administration. During Port State Control exam, PSCOs observed after-market hold-backs installed for the self-closing fire door between the steering gear room and the escape hatch. 74SOLAS(20) CH. 1 REG 11 Due Date https://cgmix.uscg.mil/PSIX/PSIXSearch.aspx Resolved Resolved Date 2/9 11/20/22, 9:03 AM USCG PSIX Search Page Wednesday, September 7, True 2022 Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 13 - Propulsion and Auxiliary Machinery N/A - No Subsystem Improper Installation Description of Deficiency After survey of the ship under regulation 7, 8, 9 or 10 has been completed, no change shall be made in the structural arrangements, machinery, equipment and other items covered by the survey, without sanction of the Administration. During Port State Control exam, PSCOs observed that a drain line leading to the bilge had a fitting for which the Chief Engineer explained was installed to blow out, with compressed air, the drain line due to corrosion. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 13 - Propulsion and Auxiliary Machinery N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency After survey of the ship under regulation 7, 8, 9 or 10 has been completed, no change shall be made in the structural arrangements, machinery, equipment and other items covered by the survey, without sanction of the Administration. During Port State Control exam, PSCOs observed two purifiers with the sludge discharge valve removed, hanging by electrical wire, and a spacer installed where the valve should be. Engineers explained that it was modified because the sludge valve kept clogging. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 11 - Life Saving Appliances N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency Before the ship leaves port and at all times during the voyage, all life-saving appliances shall be in working order and ready for immediate use. During Port State Control exam, PSCOs observed the starboard lifeboat shaft seize and when further run ahead, the snap ring holding the shaft bearing in place was broken. 74SOLAS(20) CH. III REG 31.1.1.1 LSA CODE 4.4 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 14 - Pollution Prevention 141 - MARPOL Annex I Improper/Lack of Maintenance Description of Deficiency Each operation for the collection and disposal of oil residues (sludge) and discharge overboard or disposal otherwise of bilge water which has accumulated in machinery spaces shall be fully recorded without delay in the Oil Record Book Part 1 so that all entries in the book appropriate to that operation are completed. During Port State Control exam, PSCO's initial review of the Oil Record Book Part 1 from 30APR2022 through 07SEP22 observed over 30 cubic meters of oil residue were improperly accounted for. MARPOL ANNEX I REG 17.4 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 09 - Working and Living Conditions 092 - Working Conditions Placed in Improper Service Description of Deficiency https://cgmix.uscg.mil/PSIX/PSIXSearch.aspx 3/9 11/20/22, 9:03 AM USCG PSIX Search Page Electrical installations shall be such that the safety of the crew and ship from electrical hazards will be ensured. During Port State Control exam, PSCOs observed the ballast water treatment system cabinet right side door open due to ambient temperature overheating the electrical components, and the left door was closed to maintain the safety shutdown interlock so that the system would continue to run, thereby risking accidental electrical shock to persons on board. 74SOLAS(20) CH. II-1 REG 41 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 11 - Life Saving Appliances N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency Lifeboats shall be provided with at least one drain valve fitted at the lowest point of the hull and shall automatically open to drain water when the hull of the lifeboat is not waterborne and shall close automatically to prevent the entry of water when the lifeboat is waterborne. During Port State Control exam, PSCOs observed the lifeboat's drain ball was not watertight due to the corrosion from the oil leaking into the bilge of the lifeboat from the lifeboat engine. 74SOLAS(20) CH. III REG 20.2 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 11 - Life Saving Appliances N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency Maintenance, testing, and inspections of life-saving equipment shall be carried out in a manner having due regard to ensuring the reliability of such appliances. During Port State Control exam, PSCOs observed oil leaking out of the lifeboat engine, to the amount of the lifeboat engine, to the amount that oil was dripping out of the lifeboat's hull drain valve. 74SOLAS(20) CH. III REG 20.3 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 15 - Safety Management Systems (ISM) N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency The company should establish procedures to ensure the ship is maintained in conformity with the provisions of the relevant rules and regulation. Overall condition of the vessel indicates that the procedures in place to maintain the ship in conformity within regulation are insufficient to maintain the ship in conformity with applicable regulations. An external ISM audit pertaining to the survey and maintenance of the proper operation of the ship's equipment to at least include piping, oily residue management, and communication with the company for maintenance needs is required. 74SOLAS(20) CH. IX REG 3 ISM CODE REG 10 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 13 - Propulsion and Auxiliary Machinery N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board. During Port State Control exam, PSCOs observed numerous valve handles missing throughout the engine room. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description https://cgmix.uscg.mil/PSIX/PSIXSearch.aspx 4/9 11/20/22, 9:03 AM USCG PSIX Search Page Received satisfactory RO report. Deficiency Information System SubSystem Cause 09 - Working and Living Conditions 092 - Working Conditions Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board. During Port State Control exam, PSCOs observed that the CO2 room ventilation fan switch was inoperable and did not start the fan. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 02 - Structural Conditions N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board. During Port State Control exam, PSCOs observed that the sewage holding tank isolation valve leaked sewage. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 02 - Structural Conditions N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board. During Port State Control exam, PSCOs observed that the starboard gray water overboard skin valve leaked sea-water. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 08 - Alarms N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board. During Port State Control exam, PSCOs observed that the MDO Service Tank remove level indicator alarm showed that the tank was at "Low Level" but the analog level indicator and manual soundings indicated it was not at low level. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 02 - Structural Conditions N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board. During Port State Control exam, PSCOs observed that the port gray water overboard skin valve leaked sea-water. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description https://cgmix.uscg.mil/PSIX/PSIXSearch.aspx 5/9 11/20/22, 9:03 AM USCG PSIX Search Page Received satisfactory RO report. Deficiency Information System SubSystem Cause 09 - Working and Living Conditions 091 - Living Conditions Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board. During Port State Control exam, PSCOs observed that the port side gray water overboard line was severely clogged. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 13 - Propulsion and Auxiliary Machinery N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure the ship in all respects will remain fit to proceed to sea without danger to the ship pr persons on board. During Port State Control exam, PSCOs observed that the primary bilge pump was unable to transfer oily residue from the bilge to the bilge holding tank in an effective manner, such that the bilge pump was operated for 10 minutes and nearly no residue was removed from the bilge pocket. 74SOLAS(20) CH. 1 REG 11 Action Code: 30ac Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Friday, September 16, 2022 Resolution Description Observed satisfactory operation of the bilge pump from the aft bilg well to the bilge holding tank. Pump transferred approx .54 cubic meters in 8 minutes. Received satisfactory RO report. Deficiency Information System SubSystem Cause 07 - Fire Safety N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure the ship in all respects will remain fit to proceed to sea without danger to the ship pr persons on board. During Port State Control exam, PSCOs observed the selfclosing fire door between the engine room and the crew change out room did not self close. 74SOLAS(20) CH. 1 Reg 11 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 07 - Fire Safety N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure the ship in all respects will remain fit to proceed to sea without danger to the ship pr persons on board. During Port State Control exam, PSCOs observed the selfclosing fire door between the passageway and the crew change out room leading to the engine room did not self close. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 09 - Working and Living Conditions 092 - Working Conditions Improper/Lack of Maintenance Description of Deficiency The equipment shall be maintained to conform with t he provisions of this Annex and no changes shall be made in the equipment, systems, fittings, arrangements or material covered by the survey, without the express approval of the Administration. During Port State Control exam, PSCOs https://cgmix.uscg.mil/PSIX/PSIXSearch.aspx 6/9 11/20/22, 9:03 AM USCG PSIX Search Page observed that the safety proximity switch on the incinerator garbage dump chamber was tied back with a wire. 74SOLAS(20) CH. 1 45.5.5 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 01 - Certificates & Documentation 011 - Ships Certificates Improper/Lack of Maintenance Description of Deficiency Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or efficiency or completeness of its equipment, the master or owner of the ship shall report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization respons ble for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a survey, as required by regulations 7, 8, 9 or 10 is necessary. During Port State Control exam, PSCOs observed that the vessel's RO was unaware of the inoperable bilge system. 74SOLAS(20) CH. 1 REG 11 Due Date Resolved Wednesday, September 7, True 2022 Resolved Date Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 09 - Working and Living Conditions 092 - Working Conditions Improper/Lack of Maintenance Description of Deficiency Wiring shall be installed and supported in such a manner as to avoid damage. Additionally, terminations and joints in all conductors shall be so made as to retain the original properties of the cable. During Port State Control exam, PSCOs observed a cable pulled out of a pump motor junction box. 74SOLAS(20) CH. 1 REG 45.5.5 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Deficiency Information System SubSystem Cause 13 - Propulsion and Auxiliary Machinery N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency Wiring shall be installed and supported in such a manner as to avoid damage. Additionally, terminations and joints in all conductors shall be so made as to retain the original properties of the cable. During Port State Control exam, PSCOs observed numerous wires for the incinerator's automation and operation in disrepair with wires pulled from the sockets, sheathing missing, and junction boxes unsecured on top of the incinerator. 74SOLAS(20) CH. II-1 REG 45.5.5 Due Date Resolved Resolved Date Friday, October 7, 2022 True Thursday, September 15, 2022 Resolution Description Received satisfactory RO report. Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date Activity Type 7376793 Not Associated with a Case FPO, AP, Guam Friday, January 7, 2022 Vessel Inspection Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date Activity Type 7331139 Not Associated with a Case San Francisco, California Thursday, October 14, 2021 Vessel Inspection System SubSystem Cause 13 - Propulsion and Auxiliary Machinery N/A - No Subsystem Not Available Deficiency Information Description of Deficiency The machinery, boilers, and other pressure vessels, associated piping systems and fittings shall be of a design and construction adequate for the service for which they are intended. PSCO observed jacket water leak on #5 Cylinder. 74 SOLAS(04) II-1/26.1. Due Date https://cgmix.uscg.mil/PSIX/PSIXSearch.aspx Resolved Resolved Date 7/9 11/20/22, 9:03 AM USCG PSIX Search Page Thursday, October 14, 2021 True Monday, October 18, 2021 Resolution Description Received Class report attesting to repairs. Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date Activity Type 6963966 Not Associated with a Case Houston, Texas Sunday, May 31, 2020 Vessel Inspection Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date Activity Type 6946187 Not Associated with a Case Houston, Texas Thursday, April 30, 2020 Boarding Operation Control Information Category Type Control Type Initiating Port Security COTP Order (Delayed Entry/Awaiting Exam) Sector Houston/Galveston Date Imposed Date Removed Reason Imposed Tuesday, April 28, 2020 Thursday, April 30, 2020 Security Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date Activity Type 6931900 Not Associated with a Case San Juan, Puerto Rico Tuesday, March 31, 2020 Vessel Inspection Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date Activity Type 6815686 Not Associated with a Case BOSTON, Massachusetts Thursday, Vessel Inspection September 19, 2019 Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date Activity Type 6666654 1168897 STATEN ISLAND, New York Saturday, April 20, 2019 Vessel Operational Control Operation Control Information Category Type Control Type Initiating Port Safety COTP Order (Restriction of Operations) Sector New York Date Imposed Date Removed Reason Imposed Saturday, April 20, 2019 Saturday, April 27, 2019 Identified Hazardous/Unsafe Condition Activity Number Case Number Responsible Unit's USCG Zone/Port Incident Date Activity Type 6660435 1168897 WASHINGTON, District of Columbia Tuesday, April 16, 2019 Vessel Inspection System SubSystem Cause 11 - Life Saving Appliances N/A - No Subsystem Improper/Lack of Maintenance Deficiency Information Description of Deficiency Before the ship leaves port and at all times during the voyage, all life-saving appliances shall be in working order and ready for immediate use. After the wire rope failure on port lifeboat fall was discovered, Port State Control Officers had the starboard lifeboat lowered to deck B. Upon returning the lifeboat to cradle position, the winch-brake remote-release cable parted. Due Date Resolved Resolved Date Thursday, April 18, 2019 True Saturday, April 27, 2019 Resolution Description Received Class Report attesting to new, suitably certified, wire rope on the stbd winch brake remote release cable. Deficiency Information System SubSystem Cause 11 - Life Saving Appliances N/A - No Subsystem Improper/Lack of Maintenance Description of Deficiency Before the ship leaves port and at all times during the voyage, all life-saving appliances shall be in working order and ready for immediate use. During abandon ship drill, port lifeboat was lowered to deck B. Port State Control Officers identified frayed and broken (16mm 19x7) wire on the forward most fall. Due Date Resolved Resolved Date Thursday, April 18, 2019 True Saturday, April 27, 2019 Resolution Description https://cgmix.uscg.mil/PSIX/PSIXSearch.aspx 8/9 11/20/22, 9:03 AM USCG PSIX Search Page Received Class Report attesting to new, suitably certified, wire ropes on the port falls. Deficiency Information System SubSystem Cause 15 - Safety Management Systems (ISM) N/A - No Subsystem Not Available Description of Deficiency The company should identify equipment and technical systems the sudden operational failure of which may result in hazardous situations. The safety management system should provide for specific measures aimed at promoting the reliability of such equipment or systems. These measures should include the regular testing of stand-by arrangements and equipment of technical systems that are not in continuous use. Recommend recognized organization conduct external ISM audit of life-saving equipment maintenance procedures. Due Date Resolved Resolved Date Saturday, May 18, 2019 True Sunday, May 12, 2019 Resolution Description Received ISM Audit from Lloyd's Register. ISM was found satisfactory by Class. Operation Control Information Category Type Control Type Initiating Port Safety COTP Order (Restriction of Operations) Sector Long Island Sound Date Imposed Date Removed Reason Imposed Saturday, April 20, 2019 Sunday, April 21, 2019 Vessel Movement, Other Back to Top Printer Friendly Version Last Update: Monday, November 14, 2022 https://cgmix.uscg.mil/PSIX/PSIXSearch.aspx 9/9 Exhibit 3 In camera Sam.ball@vships.com As agent and manager only for and on behalf of the Owner From: Ball, Sam Sent: Sunday, September 11, 2022 8:12 AM To: 'khaas@sbsb-eastam.com' <khaas@sbsb-eastam.com>; 'damian.bratanov@lr.org' <damian.bratanov@lr.org>; tate@hilderlaw.com; MP Singh <mpsingh@3dmarine.com>; acardona@register-iri.com; Laiho, Vesa <vesa.laiho@vships.no>; 'stephanie@hinderlaw.com' <stephanie@hinderlaw.com> Cc: Nordstrand, Ronny <ronny.nordstrand@vships.no>; Avdal, Gjermund <Gjermund.Avdal@vships.no>; Bradshaw, Mike <mike.bradshaw@vships.com>; Swift Winchester <master.V7RF3@globeemail.com> Subject: Swift Winchester - update Confidential - Attorney and Client Communication - Legally Privileged Best regards, Sam Ball Global Head of Assurance Mobile +1 713 306 4042 Sam.ball@vships.com As agent and manager only for and on behalf of the Owner
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