Elwood T. Driver and G. H. Patrick Bursley

“ The third mate should have immediately advised the pilot that the helmsman did had not properly responded to the hard to starboard order. The Seadaniel came left across the channel centerline and collided with the Testbank. The Seadaniel's left turn was due to the improper application of left rudder by the helmsman when right rudder was ordered. Had the dangerous cargo containers on the Testbank been stowed at least three containers inboard from the side of the vessel, the major environmental pollution incident that resulted from this accident would not have occurred. ”

“ As a result of this accident, the National Transportation Safety Board made the following recommendations:
—to the owners of Testbank:
Whenever possible, considering the various requirements for vessel safety and ports of call, require that containers with dangerous cargo carried on your vessels be stowed as near the centerline as possible, if "on-deck" stowage is utilized. ”

“ The port bow and rail of the Seadaniel were slightly damaged and the bow was contaminated with hazardous cargo from the Testbank. The Testbank was holed in the port side shell plating above the waterline near the bow and received extensive damage to her port side cargo containers; the main deck cargo area was contaminated with hazardous cargo. (See appendix A.)
Environmental Damage
As a result of the impact, one of six containers of the pesticide pentachlorphenol (PCP) entered the water. In addition, a small undetermined quantity of ethyl mercaptan and a hydrobromic acid were released. ”

“ The Testbank is a German registered, automated 8,000-bhp diesel-propelled containership, built in 1978. It has a gross tonnage and net tonnage of 9,313 and 6,856, respectively. The vessel is 467.5 feet long, 68.9 feet wide, 35.5 feet deep.
Waterway Information
The accident occurred in a reach of the Mississippi River Gulf Outlet Canal, near Shell Beach, Louisiana. The Canal is maintained by the U.S. Army Corps of Engineers and links the Port of New Orleans, from the outlet's junction with the Inner Harbor Navigation Canal, to the Gulf of Mexico. ”

“ Au Veung Yuk Yam, 40, had been on the Seadaniel since June 9, 1980, about 1 1/2 months. He had been sailing since 1963 and had been a third mate since 1971. He sailed as a "sailor" and a helmsman before being licensed as a third mate by the Panama Consulate in Hong Kong. With the consent and endorsement of the company and the captain, he was qualified as a third mate after undergoing training on board ship ”

“ Yung Kwang Tien, 57, held a Seaman's Certificate #954485 and was issued a "Captains" authorization on February 16, 1967, by the Consul General of Panama at Hong Kong. He was also issued a current Masters "Certificate of Capacity #10124" by the Consul General of Panama at Hong Kong on June 23, 1978, a "License of Competence to Merchant Marine Officer" dated December 2, 1971, as Master from the Democratic Republic of Somalia, at Paris, France, and a "License of Competence to Merchant Marine" dated April 26, 1977 as Master by the Republic of Liberia. ”

“ The other vessel does likewise...they get abeam and they give opposite rudder...and get back out in the middle of the channel." The pilot testified that "that's the absolute safest way to meet" and, "...now the Testbank is an excellent ship. She has terrific rudder power." ”

“ Vulcan Materials Company manufactured the PCP, packaged it, stored it on pallets, placed the pallets in two containers, sealed and shipped the containers by rail to Houston having it delivered to the dock. The PCP was properly contained in compliance with the IMCO recommendations. The U.S. Coast Guard did not inspect the contents of the containers at the plant or at the dock, nor was it required to. However, the U.S. Coast Guard is designated as the general enforcement authority for the DOT regulations for shipments of hazardous materials by water. ”

“ She added that the cleanup crews recovered almost all of the spilled PCP and that a recent hurricane flushed out the MRGO and Lake Borgne and removed or dispersed any remaining chemical. Oyster samples from Lake Borgne had previously been found to contain high PCP levels, forcing state official to close the lake to fishing, but the organisms rapidly depurated themselves, Maynard said, and the lake was reopened. ”