It was discovered during the casualty investigation, that the vessel was using an outdated stability letter that was invalid based on cargo system and software updates made to the vessels loading system.  A query was completed of another vessel within the company's fleet and it was also determined to have an invalid stability letter based on cargo system updates.  

Recommend District Nine provide guidance/work instruction/procedure to Sector OCMI's to examine the stability letters for US Laker Fleet within respective fleets of responsibility to ensure compliance with cargo loading system updates, and stability considerations.

CGD-GL (dpi) staff conducted a comprehensive review of all deep draft stability letters, to ensure letters were in MISLE, up to date and accurate to the vessel.

The Coast Guard institute a policy measure or code change requiring all vessels equipped with voice data recorders maintain these records following a reportable marine incident and make them readily available to Coast Guard investigators and inspectors.  Failure to properly do so should be enforceable by strict civil penalty. 

I do not concur with this recommendation. The Voyage Data Recorder (VDR) requirements are contained under the International Maritime Organization (IMO) convention Safety of Life at Sea (SOLAS), Chapter V, and meet the intent of the above safety recommendation. At a minimum, ships required to carry voyage data recorders must have a VDR that continuously maintains sequential records of preselected data items relating to equipment status and output and of the ship's command and control.  The VDR operates automatically and records data for a minimum of 12 hours to assist in accident investigations.  There are different types of VDRs out there that record above the minimum requirements.  If the Investigator determines that the VDR information is needed in order to determine the cause of the casualty, then the request needs to be requested in a timely manner to allow for the Master, shipping agent, vessel owner, etc. to get in touch with a company to assist in extracting the data needed from the VDR. 

The Coast Guard should actively pursue stricter policy measures that would ban the use of private communication channels when navigational issues are the topic of such communication.  All mariners navigating vessels along the river have a due-diligence responsibility to ensure safety.  It is therefore necessary that all mariners maintain awareness of the location and intentions of other vessels within their immediate navigational area.  Communication over regulated channels provides guidance for required monitoring of such information.   However, use of private channels makes it impossible for mariners, other than those using such private channels, to know the navigation intentions of other vessels.  Moreover, bridge personnel responsible for the safe navigation of their own vessel are deafened to all communications regarding passing arrangements, hazards, or other issues which may directly impact their decisions.  (See also the prior discussion re: regulations in Section L, page 21).  If the various Pilot’s Associations want their members to be able to use hand-held devices they should file a waiver request and receive approval for such use in accordance with the requirements of US Code Title 33, Chapter 24, as further promulgated in 33 C.F.R Part 26.  
 

I do not concur with this recommendation. As stated in the Officer In Charge’s endorsement to this recommendation, the recommendation was not supported by the facts of the investigation.  The use of private channels was not a contributing factor in the events leading to the incident. 

The area known as 81-mile point should be restricted to one-way traffic between mm 177 and mm 181 LMR for all vessels over 300-feet in total length (with or without tow).  In the nine years preceding this incident there were 20 marine casualties in the vicinity of MM's 173-182; eight of these incidents were groundings when no other vessel was in the vicinity.  Lone vessels have enough trouble dealing with this restrictive turn and strong current conditions; adding a second vessel creates an intrinsically unsafe condition. This investigation recommends that the Coast Guard establish 81-Mile Point as a one-way traffic area for all vessels over 300-feet in total length (with or without tow).  In accordance with current rules, the down-bound vessel shall have the right-of-way.  Down-bound vessels over 300-feet, once past MM 181, are considered as having one-way use of the restricted area therefore up-bound vessels should hold at a location not nearer the bend than MM 177, in the vicinity of Smoke Bend.

As of May 31, 2011 regulations in 33 Code of Federal Regulations Part 161 were amended to include the recommended waterways and are controlled by the New Orleans Vessel Traffic Service Center. I consider these actions to fulfill the intent of this recommendation therefore, this recommendation is closed agency action complete.