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Monday, November 28, 2005

U.S. Representative Randy “Duke” Cunningham (R–CA) pled guilty today to conspiring to take bribes in exchange for using his influence as a member of the House Appropriations Committee to help a defense contractor get business. In total he pled guilty to one count of income tax evasion and four counts of conspiracy, namely mail fraud, wire fraud, bribery of public official and accepting bribes. U.S. District judge Larry A. Burns scheduled Cunnigham to be sentenced on February 27. He is facing up to 10 years in prison and nearly $500,000 in fines, as well as forfeiture of unspecified amounts of cash and property.

In the court hearing, Cunningham admitted to accepting “bribes in exchange for performance of official duties” between “the year 2000 and June of 2005”, taking “both cash payments and payments in kind” and following up by “trying to influence the Defense Department”.

The federal investigation against Cunningham was triggered by his sale of his California residence to defense contractor Mitchell Wade in late 2003. However, Wade never moved in and sold the house at a $700,000 loss three quarters of a year later. At the same time Wade’s company MZM won tens of millions of dollars in defense contracts. Subsequent investigations discovered more questionable business transactions, including interactions with the defense contractor ADCS. In his plea agreement he testified that, among other charges, he “demanded, sought and received at least $2.4 million in illicit payments and benefits from his co-conspirators in various forms, including cash, checks, meals, travel, lodging, furnishings, antiques, rugs, yacht club fees, boat repairs and improvements, moving expenses, cars and boats.”

Cunningham announced his resignation after the hearing. In a written statement released by his law firm O’Melveny & Myers LLP he declared “The truth is — I broke the law, concealed my conduct, and disgraced my high office. I know that I will forfeit my freedom, my reputation, my worldly possessions, and most importantly, the trust of my friends and family.”

Sunday, June 17, 2007

The National Transportation Safety Board (NTSB), the agency responsible for investigating transportation accidents in the United States, released updates on three major investigations on June 14.

The NTSB, well known publicly for its involvement in the investigation of aviation incidents which involve harm or loss of human life, is also an agency that oversees the transportation of refined petroleum and gas products, chemicals and minerals.

The agency determined the cause of a natural gas pipeline explosion that killed six. It also detailed the cause of an accidental release of 204,000 gallons of anhydrous ammonia from a pipeline in an environmentally sensitive area, and released preliminary information involving two commercial aircraft coming within 30-50 feet of each other on a runway.

In the gas explosion disaster, the towing vessel Miss Megan, which was of specifications that did not require inspection by the United States Coast Guard, was being operated in the West Cote Blanche Bay oil field in Louisiana by Central Boat Rentals on behalf of Athena Construction on October 12, 2006. The Miss Megan was pushing barge IBR 234, which was tied along the starboard side of barge Athena 106, en route to a pile-driving location. Athena Construction did not require its crews to pin mooring spuds (vertical steel shafts extending through wells in the bottom of the boat and used for mooring) securely in place on its barges and consequently this had not been done. During the journey, the aft spud on the Athena 106 released from its fully raised position. The spud dropped into the water and struck a submerged, high-pressure natural gas pipeline. The resulting gas released ignited and created a fireball that engulfed the towing vessel and both barges. The master of the towing vessel and four barge workers were killed. The Miss Megan deckhand and one barge worker survived. One barge worker is officially listed as missing.

The NTSB blames Athena Construction for the disaster, citing in the final report that Athena Construction’s manual contained no procedures mandating the use of the safety devices on the spud winch except during electrical work. It was found that if the Athena 106 crew had used the steel pins to secure the retracted spuds during their transit, a pin would have prevented the aft spud from accidentally deploying. Furthermore, the spud would have remained locked in its lifted position regardless of whether the winch brake mechanism, the spud’s supporting cable, or a piece of connecting hardware had failed.

The NTSB also found that contributing to the accident was the failure of Central Boat Rentals to require, and the Miss Megan master to ensure, that the barge spuds were securely pinned before getting under way. The Board noted that investigators found no evidence that the Miss Megan master or deckhand checked whether the spuds had been properly secured before the tow began. While Central Boat Rentals had a health and safety manual and trained its crews, the written procedures did not specifically warn masters about the need to secure spuds or other barge equipment before navigating. The NTSB stated that the company’s crew should have been trained to identify potential safety hazards on vessels under their control.

NTSB Chairman Mark Rosenker said of the investigation’s results, “Having more rigorous requirements in place could have prevented this accident from occurring. Not only do these regulations need to be put in place but it is imperative that they are enforced and adhered to.”

The NTSB has made a number of safety recommendations as a result of this accident and the subsequent investigation. Recommendations were made to Athena Construction and Central Boat Rentals to develop procedures and train the employees of its barges to use the securing pins to hold spuds safely in place before transiting from one site to another.

The most major of the other recommendations are:

To the Occupational Safety and Health Administration:

• Direct the Maritime Advisory Committee for Occupational Safety and Health to issue the following documents document to the maritime industry: (1) a fact sheet regarding the accident, and (2) a guidance document regarding the need to secure the gear on barges, including spud pins, before the barges are moved, and detailing any changes to your memorandum of understanding with the Coast Guard.

To the U. S. Coast Guard

• Finalize and implement the new towing vessel inspection regulations and require the establishment of safety management systems appropriate for the characteristics, methods of operation, and nature of service of towing vessels.
• Review and update your memorandum of understanding with the Occupational Safety and Health Administration to specifically address your respective oversight roles on vessels that are not subject to Coast Guard inspection.

The NTSB also released the result of its investigation into an environmental disaster in Kansas on October 27, 2004 in which 204,000 gallons (4,858 barrels) of anhydrous ammonia was spilled from a ruptured pipeline in Kingman into an environmentally sensitive area. Chemicals from the pipeline entered a nearby stream and killed more than 25,000 fish, including some fish from threatened species.

The incident reached the scale that it did due to operator error after the initial rupture. The 8 5/8-inch diameter steel pipeline, which was operated by Enterprise Products Operating L.P., burst at 11:15 a.m. in an agricultural area about 6 miles east of Kingman, Kansas. A drop in pipeline pressure, indicating abnormal conditions or a possible compromise in pipeline integrity, set off alarms displayed on the computerized pipeline monitoring system. Shortly after the first alarm the pipeline controller, in an attempt to remedy the low pressure, increased the flow of anhydrous ammonia into the affected section of pipeline. A total of 33 minutes elapsed between the time when the first alarm indicated a problem with the pipeline and the initiation of a shutdown.

In its initial report to the National Response Center (NRC), the pipeline operator’s accident reporting contractor reported a release of at least 20 gallons of ammonia, telling the NRC that an updated estimate of material released would be reported at a later time. No such report was ever made. Because of the inaccurate report, the arrival of representatives from the Environmental Protection Agency was delayed by a full day, affecting the oversight of the environmental damage mitigation efforts.

The cause of the rupture itself was determined to be a pipe gouge created by heavy equipment damage to the pipeline during construction in 1973 or subsequent excavation activity at an unknown time that initiated metal fatigue cracking and led to the eventual rupture of the pipeline.

“We are very fortunate that such highly toxic chemicals of the size and scope involved in this accident were not released in a populated area,” commented Rosenker. “Had this same quantity of ammonia been released near a town or city, the results could have been catastrophic.”

As a result of this accident, the NTSB made the following safety recommendations:

To the Pipeline and Hazardous Materials Safety Administration:

• Require that a pipeline operator must have a procedure to calculate and provide a reasonable initial estimate of released product in the telephonic report to the National Response Center.
• Require that a pipeline operator must provide an additional telephonic report to the National Response Center if significant new information becomes available during the emergency response.
• Require an operator to revise its pipeline risk assessment plan whenever it has failed to consider one of more risk factors that can affect pipeline integrity.

To Enterprise Products Operating L.P.:

• Provide initial and recurrent training for all controllers that includes simulator or noncomputerized simulations of abnormal operating conditions that indicate pipeline leaks.

“The severity of this release of dangerous chemicals into the community could have been prevented,” said Rosenker. “The safety recommendations that we have made, if acted upon, will reduce the likelihood of this type of accident happening again.”

As well as concluding their investigation of the above accidents, the NTSB also released preliminary information regarding a serious runway incursion at San Francisco International Airport between two commercial aircraft on May 26, 2007.

At about 1:30 p.m. the tower air traffic controller cleared SkyWest Airlines flight 5741, an Embraer 120 arriving from Modesto, California, to land on runway 28R. Forgetting about the arrival airplane, the same controller then cleared Republic Airlines flight 4912, an Embraer 170 departing for Los Angeles, to take off from runway 1L, which intersects runway 28R.

After the SkyWest airliner touched down, the Airport Movement Area Safety System (AMASS) alerted and the air traffic controller transmitted “Hold, Hold, Hold” to the SkyWest flight crew in an attempt to stop the aircraft short of runway 1L. The SkyWest crew applied maximum braking that resulted in the airplane stopping in the middle of runway 1L. As this was occurring, the captain of Republic Airlines flight 4912 took control of the aircraft from the first officer, realized the aircraft was traveling too fast to stop, and initiated an immediate takeoff. According to the crew of SkyWest 5741, the Republic Airlines aircraft overflew theirs by 30 to 50 feet. The Federal Aviation Administration has categorized the incident as an operational error.

The NTSB sent an investigator to San Francisco, who collected radar data, recorded air traffic control communications, and flight crew statements, and interviewed air traffic control personnel prior to the NTSB making the preliminary release.

Sunday, July 1, 2007

A young woman was killed Friday night after an accident occurred on a gyrating ride at the Playland amusement park in Rye, New York in the United States. The woman, Gabriela Garin, was a worker at the amusement park, and had worked there for the past seven years.

The accident occurred near the end of Garin’s shift; as she was loading riders onto the ride. The ride’s new operator, unaware of Garin’s presence, started the ride while Garin was still on it. The new operator then noticed Garin, and shut the ride down in 20 seconds, but Garin had already been ejected from the ride and killed, according to a park spokesperson.

The ride is an attraction that spins people around in two-seat cars, inside a darkened tent to flashing lights and music.

This incident is not the first in the ride’s history. In 2004, a seven-year-old from Connecticut managed to free herself from the ride’s restraining bars, and climb onto the front edge of her seat. She fell soon after the ride started. A safety precaution was put in place after this incident, however, the spokesperson acknowledged that it was not followed when Garin was killed.

The company which owns the ride shut it down, along with two other rides it owns at the park.

This is the fourth fatality in the park’s history. The park features more than 50 rides, a pool, and a beach. It attracts more than 1 million visitors annually.

Sunday, April 24, 2011

An investigation by the United States Coast Guard has concluded the largest oil spill in the history of the petroleum industry was partly the result of a “poor safety culture” aboard the Deepwater Horizon oil rig. The April 2010 explosion aboard the rig, which is located in the Gulf of Mexico, triggered a disaster that led to widespread environmental damage.

The report squarely blames Transocean, which managed the Deepwater Horizon, for being largely responsible for the explosion that claimed eleven lives. The rig had “serious safety management system failures and a poor safety culture,” the report says. Transocean fiercely rejected allegations that crews aboard the rig were badly trained and equipment was poorly maintained.

A slapdash safety environment on Deepwater Horizon would mean equipment was not mended or replaced if it meant losing valuable hours of drilling, the Coast Guard found. Electrical equipment believed to have caused a spark that ignited flammable gas was described as being in “bad condition” and “seriously corroded.” The report found that other deficiencies—improperly assembled gas detectors and emergency equipment; audible alarms switched off because of nuisance false warnings; complacency with fire drills; and poor preparation for dealing with a well blowout—all contributed to the disaster.

Transocean attacked the report’s conclusions and suggested the Coast Guard may have played a role in the disaster. A spokesperson for the company said Deepwater Horizon had been inspected by Coast Guard officials only months before the explosion, officials who said it complied with safety standards. “We strongly disagree with—and documentary evidence in the Coast Guard’s possession refutes—key findings in this report,” the company said.

This week, Deepwater Horizon owner BP launched legal action against Transocean. It also filed a lawsuit against Halliburton, the company that cemented the well, and Cameron, which manufactured the rig’s failed blowout preventer. BP is reportedly seeking to claim US$40 billion in damages, and alleges it has taken a massive financial hit and loss of reputation. In a statement, BP said it filed the lawsuits “to ensure that all parties … are appropriately held accountable for their roles in contributing to the Deepwater Horizon accident”.

In the lawsuit against Transocean, BP claims the company missed signs that a disaster was imminent and that it “materially breached its contractual duties in its actions and inactions leading to the loss of well control, the explosion and the loss of life and injuries onboard the Deepwater Horizon, as well as the resulting oil spill.” Halliburton, BP alleges, was riddled with “improper conduct, errors and omissions, including fraud and concealment” which led to the disaster, and continues to refuse to cooperate with investigators.

Transocean dismissed the lawsuit as “desperate” and “unconscionable,” and announced a countersuit against BP, which it claims was responsible for the disaster “through a series of cost-saving decisions that increased risk, in some cases severely.” Halliburton and Cameron, which is also countersuing, announced they would defend themselves against BP’s allegations.

U.S. President Barack Obama marked the anniversary of the explosion by conceding that although “progress” has been made to ensure the safety of deep water drilling rigs, “the job isn’t done.” Obama’s comments came less than a week after leading experts raised serious questions over the security of deep water drilling as the U.S. government approves more exploration without improving safety measures.

Charles Perrow, a professor at Yale University, said the oil industry “is ill prepared at the least” to deal with another oil spill, despite repeated assurances from the industry and the government, which insists lessons have been learned from the Deepwater Horizon disaster. “I have seen no evidence that they have marshaled containment efforts that are sufficient to deal with another major spill,” he said. “Even if everybody tries very hard, there is going to be an accident caused by cost-cutting and pressure on workers. These are moneymaking machines and they make money by pushing things to the limit.”

However, politicians have insisted they are doing all they can to help clean the coast of oil. “Cleanup efforts in some places are still ongoing, and the full scale of the damage done to our state has yet to be calculated, but the good news is that most all of our fishing waters are back open again,” said Louisiana Governor Bobby Jindal at a press conference. “All of us here today want the entire nation to get the message that Louisiana is making another historic comeback.”

Gulf Coast residents, activists and relatives of the crewmen who were killed in the explosion paused this week for the anniversary of the oil spill’s beginning. A helicopter took the victims’ families from New Orleans to over the site where the rig stood, where it circled. “It was just a little emotional, seeing where they were,” said one victim’s mother. Remembrance services and candlelight vigils were held in the Gulf Coast region, which continues to suffer from the fallout of the catastrophe. The families have expressed anger at BP, who they say is being unfair and slow in paying out compensation from a $20 billion fund.

The area is still heavily affected by the disaster and reconstruction of the seafood industry that once thrived is slow. While tourists are beginning to return to the region, many are angry at BP and the Obama administration over how they handled the disaster. All the fishing waters in the area have now opened again, but people who live in the area remain dissatisfied. “I don’t see any daylight at the end of this tunnel,” one fisherwoman said. “I don’t see any hope at all. We thought we’d see hope after a year, but there’s nothing.”

Monday, August 22, 2011

Libyan rebels edged closer to the capital city of Tripoli on Sunday to help fellow mutineers inside the city who declared a final clash with leader Muammar Gaddafi.

Following a night marred with gunfire, the rebels said that they controlled a handful of Tripoli’s localities. With the rebels within about 25 km of Tripoli, Gaddafi’s hold on power looks fragile. He labelled the rebels, who had been fighting for the past six months, as “rats” and said that he would not yield to their demands.

A coordinated revolt that rebels had been secretly planning for months saw gunfire across Tripoli, instantly after Muslim clerics called people onto the streets. The revolution, combined with rebels advancing to the capital’s periphery, appears to signal the critical chapter in the “Arab Spring” uprising, which is in its sixth-month now.

“The rebels may have risen too early in Tripoli and the result could be a lot of messy fighting,” said Oliver Miles, a former British ambassador to Libya. “The regime may not have collapsed in the city to quite the extent they think it has.”

The rebels’ advance toward the city was quick, and the mutineers have halved the distance between them and the capital. Government forces put up a brief fight at the village of Al-Maya, leaving behind a burned-out tank, and some torched cars. On their way to Tripoli, the rebels paused long enough and filled some walls with graffiti, one reading: “We are here and we are fighting Gaddafi.”

In Benghazi, the rebels’ main stronghold and the genesis of the revolt, a senior official said everything was going according to plan. “Our revolutionaries are controlling several neighborhoods and others are coming in from outside the city to join their brothers at this time,” said Abdel Hafiz Ghoga, vice chairman of the rebel National Transition Council.

Gaddafi — in hiding since the NATO attacks on Libya in June — said in an audio recording broadcast late yesterday that he had no intention of succumbing to the rebellion. A spokesman for Gaddafi, Moussa Ibrahim, in a briefing for foreign reporters echoed the message of defiance and said: “The armed units defending Tripoli from the rebels wholeheartedly believe that if this city is captured, the blood will run everywhere; so they may as well fight to the end.”

“We hold Mr. Obama, Mr. Cameron and Mr. Sarkozy morally responsible for every single unnecessary death that takes place in this country,” he added, referring to the leaders of NATO members, the United States, United Kingdom, and France.

Underground rebel cells in the capital had been following detailed plans developed months ago and had been waiting for a signal to start. The signal was “iftar” – the moment when Muslims who observe the holy months of Ramadan break their daily fast. Imams started broadcasting their message from the loudspeakers of mosques and minarets.

A rebel activist in the city said pro-Gaddafi forces had put snipers on the rooftops of buildings around Bab al-Aziziyah, Gaddafi’s compound, and on the top of a nearby water tower.

State television flashed a message urging citizens not to allow rebels to hide on their rooftops. “Agents and al Qaeda members are trying to destabilize and sabotage the city. You should prevent them from exploiting your houses and buildings, confront them and cooperate with counter-terrorism units, to capture them,” it read.