MARINE ENGINEERS' BENEFICIAL ASSOCIATION (AFL-CIO)
         "On Watch in Peace and War Since 1875"

MEBA TELEX TIMES       MAY 22, 2009

The Official Union Newsletter

NUMBER 21

In this issue...
APL JAPAN flags in to U.S...M.E.B.A. testifies on piracy...National Maritime Day...New maritime bills...We answer your prayers in a saintly issue of biblical proportions blessed with almighty maritime parables and revelations. Make an exodus from unholy, god-awful competitors that scare the be-jeezus out of you. Thou shalt not read ugly-as-sin newsletters that stink to high heaven! In the beginning M.E.B.A. created a newsletter...and it was good. Have a little faith in the divine Telex Times - it's the gospel truth!

APL JAPAN FLAGS IN TO U.S. FLEET
The APL JAPAN, one of two non-MSP, M.E.B.A.-crewed vessels brought into the U.S.-flag fleet by American President Lines, Ltd. in the last two months, hoisted the Stars and Stripes in a ceremony that took place in Charleston, SC this week. The C-11 APL JAPAN is powered by a single MAN B&W 11 cylinder diesel, 66,385 HP@104 RPM.

The APL AGATE was brought into the U.S. registry last month. Both ships are in good hands with highly skilled M.E.B.A. officers in the engine room. The vessels are being deployed on the 56-day Suez Express run. They are operated by APL Marine Services for the benefit of APL Ltd.

M.E.B.A. SECRETARY-TREASURER TESTIFIES ON PIRACY
The problem of piracy was once again discussed in detail on Capitol Hill in a hearing that featured the testimony of M.E.B.A. Secretary-Treasurer Bill Van Loo. Congressman Elijah Cummings (D-MD) chaired the Coast Guard and Maritime Transportation Subcommittee hearing on May 20, 2009 that delved into "Piracy Against U.S.-Flagged Vessels: Lessons Learned." Chairman Cummings' Subcommittee is part of the House Transportation & Infrastructure Committee.

Van Loo's remarks were offered on behalf of the M.E.B.A. and three other major maritime unions. MM&P's Executive Assistant to the President Mike Rodriguez, SIU's Executive V.P. Augie Tellez and AMO's Legislative Affairs Director Paul Doell joined Brother Van Loo at the table and participated in the question and answer session.

A Defense Department witness helped spur discussion among Subcommittee members when he argued against Government supplied force protection aboard merchant vessels instead urging the companies to "take appropriate security measures themselves." DOD's Edward Frothingham from the Deputy Assistant Secretary's office said that easing piracy will involve a coordinated international effort but said that the "relatively low" incidents of attacks by pirates around the globe make DOD assistance in this matter less of a priority due to the continuing wars in Iraq and Afghanistan as well as ongoing "multi-faceted overseas contingency operations against violent extremism." He concluded by stating that Congress can help combat piracy "by encouraging and incentivizing the commercial shipping industry and their insurers to take appropriate passive and active measures to protect their ships."

The unions strongly disagreed with this position. Van Loo told the committee that the unions believe that "it is the responsibility of the U.S. government to provide the protection necessary to ensure the safety of life and property aboard U.S.-flag vessels. When a vessel flies the U.S. flag it becomes an extension of the United States itself, regardless of where in the world the vessel is operating." He said therefore, "we are extremely disappointed" that DOD believes protection of U.S.-flagships are not their responsibility.

Several Members of Congress agreed including Chairman Cummings who asked Frothingham whether DOD had changed its mission priorities so as not to protect U.S. citizens (They haven't). He expressed dissatisfaction with DOD unwillingness to take more responsibility for piracy. "I promise you that we will address this with the utmost urgency," Rep. Cummings announced.

Rep. Gene Taylor (D-Miss.) agreed with the Chairman saying that ships registered under the U.S.-flag must have their security ensured by their country. "We're going to defend our 'stuff,'" he declared. If we can't get something done in this Committee, he announced "then we should do it through (the) Armed Services Committee." He also urged MarAd to take the lead on the issue.

Rep. Brian Baird (D-WA) said that "there should be a line drawn that if you attack an American ship then there's a good chance you could be killed.. We should settle for nothing less."

Rep. Frank LoBiondo (R-N.J.) asked a series of questions collecting information on how to best address the issues. "We're taking our time on this," he noted. "And there's a variety of different legal issues involved. But I venture to say that if there's an incident tomorrow on a U.S.-flag vessel where U.S. citizens were harmed or killed, we'd have a whole different attitude about the urgency with which we're dealing with this and the measures with which we'd be willing to go to." Chairman Cummings chimed in saying that the Subcommittee "would bang this issue until they get a resolution."

Also testifying were the Coast Guard's Rear Admiral Brian Salerno, Acting Maritime Administrator Jim Caponiti, Liberty Maritime President & CEO Phil Shapiro and Waterman Steamship President Erik L. Johnsen. Shapiro called for Government security teams on U.S. ships transiting high-risk waters. He also asked Congress to clear legal impediments that prevent the arming of U.S. ships. Johnsen called for a long-term multi-faceted effort to eliminate pirate activity around the horn of Africa including eliminating the flow of money to pirates and seeking the stabilization of Somalia's government.

The Unions continue to push for force protection but say that arming crews should not be considered a primary approach - but only a single part of a comprehensive strategy. However, Congress needs to help protect U.S. mariners as they sail through dangerous waters, Van Loo noted. "We don't want to bring a knife to a gun fight - and that's what we're being asked to do.

Visit the M.E.B.A. homepage (www.meba.us)  to view a copy of Secretary-Treasurer Van Loo's oral testimony and the statement of the unions. There is also a link that can be followed to watch the webcast of the hearing and view additional testimony.

SOMALI PIRATE INDICTED
The Somali pirate that reportedly led the attack on the MAERSK ALABAMA was indicted this week in a New York court. 18-year old Abduwali Muse faces multiple piracy charges in what is believed to be the first piracy prosecution in this country in over a century.

Muse entered a plea of "not guilty" to 10 counts including piracy under the law of nations, conspiracy, hostage-taking, kidnapping and possession of a machine gun while seizing a ship by force.

NATIONAL MARITIME DAY
The National Maritime Day observation celebrated in Washington D.C. had a new wrinkle this year as the Smithsonian's National Museum of American History opened up a new wing to honor the role of the maritime industry in this country. A large Maritime Day gathering representing all areas of the industry toured the new "On the Water: Stories From Maritime America" wing following a series of speeches praising mariners that included a keynote address from Transportation Secretary Ray LaHood. Dick Mathews, 2nd A/E from the MAERSK ALABAMA joined President Don Keefe and an M.E.B.A. contingent and took part in the observation with two of his former ALABAMA shipmates at the event including Chief Mate Shane Murphy and Third Mate Colin Wright.

The ceremony was also noteworthy in that an M.E.B.A. retiree was honored with a medal (for distinguished service during combat) and praised by Secretary LaHood for his outstanding service to the industry and contributions as a mariner during World War II. Waldemar Semenov had been featured in the January/February edition of the M.E.B.A. Marine Officer which told his amazing adventure aboard the ALCOA GUIDE a vessel torpedoed by a German U-Boat. Not wanting to lose his new suit he'd just purchased in New York, Waldemar returned to his cabin as the ship began to sink to its demise, and put on his fancy threads. Making sure to prepare for the lifeboat journey, he made some sandwiches, filled his camera with film and grabbed some cigarettes. The Marine Officer article "Tales of WWII: Cool Under Fire" can be viewed online at www.meba.us/Selected-articles.html. Waldemar's story captured the imagination of the Smithsonian and it became part of the new exhibit complete with a photo of Waldemar during the open boat journey in his suit.

PRESIDENT ISSUES MARITIME DAY PROCLAMATION
President Obama has issued his first Maritime Day Proclamation, issued annually by the sitting President on May 22. Maritime Day was first designated by Congress in 1933 to commemorate the May 22, 1819 Atlantic crossing of the S.S. SAVANNAH that sailed from Savannah, GA. to Liverpool, England, using steam propulsion. The occasion is set aside as a time to reflect on America's maritime heritage and to honor those mariners who gave their lives defending our Nation's freedom. The statement follows:

"Americans have long looked to the sea as a source of security and prosperity. Bounded by two oceans and the Gulf of Mexico, and criss-crossed by a myriad of inland waterways, America's destiny as a maritime nation was a story foretold.

The Merchant Marine took up arms alongside the Continental Navy to help defeat the British Navy during the American Revolution. Since then, they have served bravely as the United States has faced threats ranging from war to piracy, and our seafaring fleet has proven instrumental in protecting our safety. In times of conflict and crisis, the Armed Forces rely on the Merchant Marine's sealift capability to transport critical equipment and supplies. Time and again, mariners have demonstrated their willingness and ability to meet daunting challenges.

Waterways have also enabled much of the commerce that has expanded America's economy. Domestic and international commerce occurred along rivers and coasts even before our Nation's birth. Great cities have sprouted near waterways, and maritime activity remains crucial to our economy today. The men and women of the U.S. Merchant Marine and the many other workers who have supported the maritime industry have made significant contributions to our leadership in the global marketplace, and to our security.

On this National Maritime Day, we also mark the opening of a permanent exhibition at the Smithsonian Institution, "On the Water." It demonstrates the importance of the maritime industry and chronicles our history as a maritime nation.

The Congress, by a joint resolution approved May 20, 1933, has designated May 22 of each year as "National Maritime Day" and has authorized and requested the President to issue annually a proclamation calling for its appropriate observance.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim May 22, 2009, as National Maritime Day. I call upon the people of the United States to mark this observance by honoring the service of merchant mariners and by displaying the flag of the United States at their homes and in their communities. I also request that all ships sailing under the American flag dress ship on that day.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of May, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third."

FERRY SYSTEMS WOULD GET BOOST UNDER NEW LEGISLATION
Senators Patty Murray (D-WA) and Lisa Murkowski (R-AK) along with Congressman Rick Larsen (D-WA-2) recently introduced new legislation that would dramatically increase federal support for the country's ferry system. The bill would authorize an increase in funding for the Ferry Boat Discretionary program from its current level of $67 million in fiscal year 2009 to $200 million annually for fiscal years 2010-2015.

It would establish a weighted formula to distribute half of the authorized funding based on passenger boardings (50 percent), vehicle boardings (25 percent), and total ferry system route miles (25 percent). The formula program will help ensure that significant funding is directed to the largest and most important public ferry systems. The remaining half of the authorized program funds would continue to be distributed on a discretionary basis, which will help initiate and expand ferry services throughout the country.

"The U.S. Ferry Systems Investment Act of 2009 makes make a strong investment in our nation's ferry systems, which provide a critical lifeline for millions of commuters across the country," said Senator Patty Murray. "This bill would also give a boost to the economy by creating jobs directly, as well as by increasing productivity and making investments in long term economic growth. We understand the importance of ferries in Washington state, and I am proud to stand here with my colleagues as we work to strengthen this critical link in our nation's transportation system."

"Ferry transportation is vital to the State of Alaska," said Senator Lisa Murkowski. "The Alaska Marine Highway System serves 30 communities along routes that total more than 3,000 miles. Ferries provide vital transportation for residents and visitors to many of Alaska's remote coastal communities. This bill will increase funding for our nation's public ferry systems at a time when many of our vessels are aged and in need of replacement. Alaska has recently initiated a new ferry vessel replacement program. Thus, the timing on providing increased federal funding for ferry systems is particularly important, and I look forward to supporting this legislation."

"In Washington State and in many parts of the country, ferries connect communities to keep our economy moving," said Representative Rick Larsen. "Washington State Ferries is the largest ferry system in the country and carries over 25 million riders annually. For thousands of my constituents, ferries offer the only practical way to get to work and return home. The U.S. Ferry Investment Act will strengthen our federal commitment to ferries to create jobs, invest in public safety and help build a foundation for long-term economic growth."

The funding would be divided into two parts. Half of the money ($100 million a year) would be distributed according to a formula that takes into account straightforward factors such as how many passengers use the ferry system each year, how many vehicles are carried, and how many total miles the routes contain. The other half ($100 million a year) would be distributed at the discretion of the Secretary of Transportation using a competitive process.

In addition to the funding changes, the bill also includes the following additional ways to strengthen ferry systems across the country:

- Makes ferry systems eligible to compete for funding under the Clean Fuels Grant Program.

- Establishes a Ferry Joint Program Office within U.S. DOT to coordinate federal programs (DOT, DHS, etc.) affecting ferry and ferry facility construction, maintenance, operations and security, and to promote ferry transportation as a component of the U.S. transportation system.

- Requires U.S. DOT to ensure the National Ferry Database is consistent with the database maintained by the Federal Transit Administration.

- Authorizing funding to establish a National Ferry Transportation Institute at a college or university. The institute is directed to conduct research, training, and develop models and recommendations to improve the operation and safety of ferry systems in the U.S.

NEW BILL UPS SECURITY AT SEAPORTS
Senators Frank Lautenberg (D-NJ), Robert Menendez (D-NJ), Charles Schumer (D-NY) and Kirsten Gillibrand (D-NY) recently introduced legislation to increase security at the nation's 361 ports. Their bill would, for the first time, create minimum security standards for all containers entering the United States. The bill, the Port Authority Implementation Act of 2008 (S. 3174), is based on the findings of a task force on port security established in 2006 by the Port Authority of New York and New Jersey.

Sen. Lautenberg said, "It's been eight years since 9/11 and our ports are still not yet secured. Port security is essential to protect our residents from a possible terrorist attack. This bill would set minimum security standards for every container coming into our country and help ensure port security grants are awarded based on risk. It is vital we take every possible step to make our ports safe."

The legislation would require cargo to be monitored from the moment it is packed into containers abroad until it reaches its destination in the United States. Containers that do not meet the standards would be refused entry into the country.

The bill also calls for:
- Minimum security standards for essential port services such as supply and launch vessels, and bunker and fuel deliveries, which are largely unregulated;
- Each of the nation's port regions to have a response and recovery plan in case of a major terrorist incident or emergency;
- The ability for law enforcement officials to confiscate a fraudulent or altered Transportation Workers Identification Credential (TWIC); and
- Creates new standards to more accurately determine port security risks and identify funding needs. In 2006, Sen. Lautenberg wrote a law requiring all port security grants to be awarded based on risk.

REGULAR MONTHLY MEETINGS
Monday, June 8 - Boston, Jacksonville, Seattle;
Tuesday, June 9 - Baltimore/Calhoon School (at CMES), Houston, San Francisco (Oakland);
Wednesday, June 10 - Charleston, New Orleans;
Thursday, June 11- L.A. (Wilmington), New York (New Jersey), Norfolk, Tampa;
Friday, June 12 - Honolulu.

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