Thursday, 24 November 2011

Following the Rena dollar

The Bay of Plenty is experiencing a ‘blow’, Sea Tow 60 has returned to the shelter of the port of Tauranga and ‘GO Canopus’ is back in position with her towing bridle hooked up to Rena’s stern standing by for the worst eventuality.

Toady posting ‘follows the dollar’ as Rena slowly disintegrates on Astrolabe Reef. For followers unfamiliar with the area, I have reproduced this graphic of the reef (circled in red) in relation to Motiti Island from the Vorb.org.nz. Though the reef is unmarked by a beacon or buoy, it is accurately charted in the approaches to the port of Tauranga.













http://www.vorb.org.nz/

So who’s hanging in the wind and for how much? Rena is beneficially owned by Costamare Shipping, a Greek family-controlled business who own and operate container ships. Rena was time-chartered to Mediterranean Shipping Co (MSC), which means that the ship was hired with crew to be deployed where MSC required her. MSC, with Denmark’s Maersk Line, are the two largest container lines in the world. MSC own and operate their own ships, but hire in other container ships to cope with growth or new routes in their trade network.

MSC will have paid hire in advance to Costamare for Rena and provided the fuel in her bunker tanks – just over $1 million worth when she ran aground. MSC markets and sells container shipping services globally, using their own and chartered container ships like Rena. MSC sells the service and collects money (freight) form the companies sending or receiving cargo carried on their network.

Costamare have declared ‘General Average’ on the ship and cargo – a concept explained in an earlier posting. MSC will have some, but not all, of the freight collected on the containers shipped aboard Rena. For the containers (full and empty) removed by the Salvors and taken to Tauranga, MSC will have to quarantine them until the General Average claim progresses. Practically, the owners of the cargo have to post a bond or bank guarantee as security if the General Average is successful.

So who owes who?

Costamare have declared Rena to be a ‘Constructive Total Loss’, maritime speak for a write off, and will be claiming on the vessel’s Insurers for the value of the ship and the cost of the salvage. They will have to repay any mortgage on the ship with the proceeds of the insurance claim. Costamare will also owe MSC pre-paid hire and for the fuel.

MSC have some of the freight but are also liable for the loss of the cargo in their care. Another maritime convention limits their liability as a carrier to a nominal (low) amount, and the owners of the cargo will be claiming on their own insurance policies. They may also have to contribute to the General Average claim – hence the bond put up by the individual cargo owners.

Maritime NZ has about 1,300 tonnes of emulsified fuel oil, diesel, hydraulic oil and lubricants all mixed together in Tauranga and aboard the bunker barge Awanuia. The Antipodean Mariner has no idea how this, or the rotting contents of the refrigerated containers, will be divided up!

To wrap this posting up, there are going to be hundreds of individual claims, from the owners of the cargo to the Rena’s crew for the loss of their personal possession in cabins on the ship. No one is likely to come out ahead of the game with the possible exception of the Rena’s owners, Costamare. Ships are insured for an indemnity value, or agreed value and if Rena’s insurers pay out, it will be for the insured and not market value. Like they say, every cloud has a silver lining.

The Antipodean Mariner
24th November 2011

Wednesday, 23 November 2011

ABS warns against green ship design

A switch away from the Rena today while the Antipodean Mariner compiles some new information worthy of posting. This article has been reproduced in full from Lloyds List, as it touches on some rare tension between the usually harmonious IACS Class relationships.

While Class Societies are promoted as ‘not for profit’ societies, they are in fact competing for the Ship Owners’ dollar for fees. Globally, shipbuilding is in as poor a financial state as ship owning and Class has filled the research and development void with conceptual designs to reduce operating costs (fuel consumption,structure, ballasting methods).

The principle raised by the American Bureau of Shipping is that R&D creates a conflict of interest with Class's core service of industry self-regulation. Can a Class Society develop a new design and critically assess its in-service safety and performance?

One for the serious 'propeller-head' followers of the blog.

US class society says trend creates conflict of interest in area of ‘ethical quicksand’

Craig Eason, Lloyds List Tuesday 22 November 2011

THE head of US-based class society ABS Christopher Wiernicki has strongly criticised other societies that have begun to offer environmental ship design services, saying the trend creates a fundamental conflict of interest with their role as independent providers of safety approval and certification.

He said the move was deeply troubling and went to the heart of the underlying principle for classification, and added he was surprised to have heard no other voices questioning the growing intrusion of class into an area of ethical quicksand.

A number of classification societies, including Oslo-based Det Norske Veritas and Hamburg-based Germanischer Lloyd, offer a distinct environmental consultancy service. Both organisations have revealed vessel ideas that they think are the way forward for the industry.

“The bottom line is that, since the objectives of the designer and the class society are so fundamentally different, having class societies promote themselves as designers is dangerous,” said Wiernicki. “It undermines the basic fabric of the industry, it destroys the credibility of class as an independent third party, it has the potential to lead to poor designs that could impact the credibility of the whole industry and it upsets the essential checks and balances between commercial pressures and effective safety and environmental risk management.”

DNV president and deputy chief executive Tor Svensen told Lloyd’s List that the concepts that DNV have revealed in recent years are just that, and not designs. Earlier in the year the Norwegian class society revealed at a big press launch its Triality concept — a gas-powered ballast-free large oil tanker. Last year it revealed the Quantum, a dual-fuelled container vessel.











DNV's ECORE Very Large Ore Carrier, fueled by LNG and with no seawater ballast.

Germanischer Lloyd also revealed the ‘Best’ aframax tanker design, the result of work with a Greek university, when it put forward its thoughts on how tankers in the future could be compliant with the mandatory energy efficiency design index.

Mr Svensen insisted the DNV Quantum and Triality concepts would never be built in the form in which they were revealed to the industry. Owners would have to have the ideas within the concepts designed into their future vessels, he said. He also added that DNV knew where to draw the line between this kind of work and its role in safety classification.

When GL was approached for a response regarding Mr Wiernicki’s comments, the German class society also said the work it has pushed out to the industry for appraisal were design concepts which had no relevance for the approval process of drawings.

In an email to Lloyd’s List GL spokesman Olaf Mager wrote: “Design concepts are basically studies to evaluate what could be done in order to offer a better solution to our clients. The maintenance of such a research and development department is required by European legislation in order to be recognised by European flag states.”

GL has its own separate legal entity, Futureship, that offers the consultancy service, with its own management, staff, and systems. Dr Mager said there are walls in place towards all other entities of the GL Group. Futureship does not design vessels or create designs, nor does it produce any class drawings or similar documents.

“The fact that GL is investing in such a business is fully consistent with our long standing commitment to preventing pollution of the environment,” wrote Dr Mager. “We regard the increasing number of clients in shipping and shipbuilding working with Futureship as another good indicator that the maritime industry appreciates GL’s proactive stance towards key issues of an environmental-conscious shipping community.”

Mr Wiernicki said he was acutely aware of the differences between the design and certification disciplines and the dangers of crossing the line between them.

“When classification societies begin developing and promoting their own designs, the essential independence of class is compromised. If ABS were to promote an in-house design for an energy-efficient tanker, how could we retain our integrity if we were then to approve that same design for construction?”

With the EEDI adopted for new vessel construction earlier this year, he acknowledged that the industry was moving into a period of innovative thinking with respect to basic ship design.
But this change should not have the unintended consequence of allowing class societies to become ship designers in an attempt to increase their market share. Classification’s independent reputation with underwriters, bankers, flag and port states would be fatally compromised if it designed the ships it also classed, he said.

“The EEDI will be the design scorecard of the future. Yet the current focus on energy-efficient designs and the prospect of tough market conditions is pushing class societies to move into the design space to either gain a commercial advantage or protect their existing position.”
Wiernicki said discussions internally at ABS as well as with clients and shipyards left him unable to reconcile the concept of class acting as a ship designer which then reviews and approves the same design. He went on to state that class societies needed to choose between being class societies and designers — they cannot be both.

“I will go even further and say that they should not and cannot be allowed to, because wearing both these critical hats undermines the basic safety integrity of our entire industry. This is not a class issue; this is an industry issue,” he said.

Mr Svensen agreed that class should not be involved in ship design, and said whenever it had been offering advice, in its consultancy role, it would never approve the vessel’s designs afterwards.

He cited cases in the past where a class society worked on the designs, drawings and analysis during the conversion of a very large crude carrier to a very large ore carrier. Such conversions require complete class approval as if the vessel is a newbuilding. The same class society then approved the conversion plans, he said. He said DNV would never do that. He also pointed to onboard technology. Class should never get involved in technology development, he said.
DNV sits with a lot of competence within the staff, according to Mr Svensen, and he believed there was a role that class societies should be playing in the industry.

“I understand the concern of the future role of class,” he said. “But gone are the days of class being just a governing body saying yes or no. The expectations of us are different.”
But he insisted the consultancy work would never take a front seat, and that it was beneficial to do both.

ABS, GL and DNV are members of the International Association of Class Societies. Mr Svensen said it had no rules on how class societies should keep their consultancy work and class role separate.

The Antipodean Mariner
23rd November 2011

Tuesday, 22 November 2011

Rena's media machine

A copy of Mike Wackett's editorial in shipping e-zine Containerisation International Online (15th November 2011) has been passed to the Antipodean Mariner, which praises Maritime New Zealand for its handling of the media during the salvage operation (http://www.ci-online.co.uk/)

Quotations in part from the online article state;

"Moreover, it has been so refreshing to experience the open and frankness of MNZ; regardless of issues with liability for the clean-up cost, they have pushed on with their job of protecting their beautiful coastline"

"Indeed, those responsible for MNZ's PR machine deserve congratulations; its 100 or so status updates should be a lesson to other media-shy companies how to communicate, and why it is in everybody's interests to do so: the problem won't go away it is always better to be transparent."



I'll leave readers who followed this blog's first person account of the salvage up until its untimely silencing to draw their own conclusions.

The Antipodean Mariner
22nd November 2011

Sunday, 20 November 2011

Rena salvage pictures

The Antipodean Mariner has been in South East Asia this past week and postings have been a big sparse despite news and photos received. Quick posting tonight of some of the best photos. Rena's trademark collapsed container stack has now been removed, and the salvors are starting to remove some of the full reefer (refrigerated) containers with their putrifying contents.

It has been reported that the site looks like Scapa Flow with the English fleet in port. Vessel count includes the tugs Katea, Koraki, Maui 1, Pacific Pearl and Petra G , Wainui (towing the barge Pohonui which is the the designated rotten food barge. The Rigid Inflatable Boats (RIB's) Sea 3, Genesis and Black Pearl with the Canopus, Seatow 60 and Rena totaled 13 vessels at the wreck site.















Riggers attached with lifelines prepare the toppled container stack for discharge















Rena's port side showing the extent of the damage to her hull at No.2 Hatch















Looking along the port side, the mis-alignment between the forward and after sections of the hull are more apparent















Hive of activity around the hulk of the Rena.

The Antipodean Mariner
20th November 2011

Friday, 18 November 2011

Rena Salvage - No Cure, No Pay

In the public’s mind, Salvors are probably thought of some sort of poor cousin to pirates. You know what I mean, families of opportunistic farmers, peasants and fishermen steeling through the Cornish night to wreck and plunder the bounty of castaway sailing ships. No, actually there were called Wreckers.

Salvors operate in a world of high stakes, ”all or nothing” bets of successfully reclaiming some tangible value from maritime catastrophes. Prominent on the first page of the Lloyds Open Form agreement are the words “No Cure, No Pay”. If nothing of value is salvaged, the Salvor gets nothing - irrespective of how much outlaid in time and money.

When the images of penguins and seals covered in heavy fuel oil galvanised world opinion against oil pollution (there, mentioned a penguin), regulators were faced with a vexing problem. How could Salvors be sufficiently incentivised to apply their significant resources to preventing oil pollution when faced with ‘No cure, No pay’? The significant evolution of salvage ‘custom as practice’ has been that the Salvors can make a claim on the pollution compensation funds for ‘salvaging’ the environment (see the Convention Liability posting) as separate from the salvaging property (the vessel and cargo).

Environment now always takes first preference to ship and cargo – often frustrating the Salvor’s first instinct to try to get the ship ‘off the beach’ quickly and intact. Rena’s salvors will have been contracted with these two prioritised objectives – to minimise oil pollution by removing as much fuel, lubricating and hydraulic oil as possible and to salvage the ship and cargo.

The first task, now successfully completed, has been evident by the actions of the Salvors, the bunker barge ‘Awanuia’ and ‘GO Canopus’. The systematic pumping out of the heavy fuel oil in the Rena’s bunker tanks, fuel and lubricating oil from the Engine Room and hydraulics from the mooring equipment and steering gear have significantly reduced the future impact in the Bay of Plenty’s coastline when Rena inevitable breaks in two (or three) in the next good northerly blow. While the media loves being able to tell the public that all oil has been removed, the laws of physics means there are unpumpable or urecoverable residues for nature to bio-degrade later. The Salvors now have the basis for a claim on the oil pollution compensation funds, and will have an army of accountants documenting what they believe is a fair and reasonable amount for their skill, risk and expertise (including the appalling conditions in which they had to work.

The salvage award will be submitted for settlement from the compensation fund. These claims tend to be settled pretty quickly – no one wants to get offside with the Salvors if the prize has been the preservation of wildlife, pristine beaches and coastline.

Back to the high stakes table, and the focus now on salvaging all or part of Rena and her cargo. As reported in the media, work has started on unloading containers while the weather is benign.














A great photo has been received of the salvors removing empties two at a time to the deck of ST-60 and then to GO Canopus. Container ships like carry the 'empties' - containers being returned or repositioned in the trade to be filled with cargo - behind the bridge and accommodation because they are light and and be stacked high without affecting foward visibility. The salvors are cutting the twist locks, which lock the container stack with an oxy-acetylene cutter and landing the containers for the short final voyage to Tauranga.

There is the real possibility that the part of the Rena still afloat could break free – either at visible fracture at the No.2 hatch or forward of the accommodation. If Rena breaks at No.2 hatch, the Antipodean Mariner speculates that there may be sufficient residual stability for Rena to remain afloat and (near) upright. However, if Rena breaks forward to the accommodation the hull shape in this part of the ship is what is called ‘fine’ – narrow and shaped to permit water to flow cleanly into her large, single propeller.

Again speculation, but the inherently stable flat side and flat bottom of the hull will no longer be attached to the fine and heavy (that’s where the main engine is) accommodation and engine room.

The salvors will have naval architects working on this problem and estimating their chances of success under ‘No cure, No pay’.

The Antipodean Mariner
18th November 2011

Wednesday, 16 November 2011

Rena salvage - ST-60 incident

With the increase in activity at the site, as the salvage operation moves from oil recovery to discharge of the Rena’s containers, the Antipodean Mariner has cultivated new sources. Blogging will continue of the activities at Astrolabe Reef from the decks of the various craft now clustered around the inert hulk.

There was an incident on the barge ST-60 yesterday which made the media through more traditional sources. A personnel transfer basket (known on the salvage industry as a Billy Pugh) with three salvors aboard had to be dumped into the ocean after it developed an uncontrollable swing in the low swell.

The tops of the crane jibs are estimated to be moving in an arc of up to three metres in the gentle swells off Astrolabe Reef. The cranes temporarily fitted to the ST-60 are designed for a direct vertical static lift from a stable land-based platform and not the dynamic motion experienced on the barge.

Although their load rating may have been reduced, one observed fears that they will not cope with the task. The crane’s hook (or a forty foot container) developing an uncontrollable pendulum swing and striking the fragile latticework of the crane jib will have catastrophic consequences.

The crane barge ‘Smit Borneo’, which is on the way to Tauranga from Singapore, is purpose built for heavy lifting in a seaway and looks infinitely better equipped to handle the conditions. Hopefully, ST-60 can continue to support the salvage operation by receiving and shuttling the containers in to the Port of Tauranga.

This posting is not to taken as a criticism of the salvage operation but a reminder of the dangers faced every day by the Salvors using the resources they have in a dynamic environment.

The Antipodean Mariner
16th November 2011

Rena General Average

When Rena grounded on Astrolabe Reef in the early hours of 5th October, a complex legal process was set into motion which will likely last a decade or more. All around the world, lawyers, insurers, salvors and surveyors will have reached for an A4 lever arch file and written ‘Rena File No.1” on the spine. Many hundreds more A4 files will be filled in the months and years to come.

One of the truly ancient principles which will likely be applied to the Rena’s salvage is General Average. General Average is another maritime peculiarity dating back to early Greek times. Even now, every voyage by a cargo ship is termed a ‘maritime adventure’ to which the ship’s Owner, Cargo owners, Master and Crew are deemed participants.

When heavily laden sailing craft were plying the Mediterranean, storms and running aground were an accepted peril of the maritime adventure. In the teeth of a storm, it was common practice for the Captains to jettison part of the cargo thereby lightening the vessel so as to make it safely to port (less a few amphora of wine). When choosing which cargo to jettison, Captains and crews were often not too picky - self-preservation ruled.

Provided the vessel made it to port, the hapless cargo’s owner would be informed of the loss of their precious goods. One party had borne the loss of their goods in order to ensure the successful delivery of the other cargo and the preservation of the ship. The Greeks put their mind to this inequity of one party suffering loss for the collective benefit of the other participants to the maritime adventure.

The principle debated, and now enshrined in maritime commerce, was that the losses of one should be compensated by the collective beneficiaries of the successful voyage. There are a few rules though to maintain fair play in the unscrupulous, rough-and-tumble of shipping.

A General Average claim must, among other things, be voluntary, timely, reasonable and successful. When the Owners of the Rena were alerted to the vessel’s grounding, one of the first thoughts would have been ‘Can we declare General Average?’

After all, if their actions successfully save the majority of the containers but result in the loss of their ship on Astrolabe Reef, then aren’t they entitled to be compensated under the principles of General Average? A powerful incentive when you consider the combined value of the ship and 1,300 containers at the time of the grounding.














Crane Barge Smit Borneo under tow to the Rena salvage site from Singapore:
Kees Drent, Shipping News Clippings 13/11/11

If General Average is declared, every container successfully unloaded to the barge ST-60 will strengthen the Rena’s Owners case that their actions met the test of being voluntary, timely, reasonable and successful. Just imagine you are passenger in a taxi which T-bones another car and the taxi driver demands you contribute to the repair bill! General Average in a nutshell.

Interesting if the ‘cut and thrust’ of maritime commerce, law and salvage lights your fire. No mention yet of a dolphin, penguin or cormorant in this Blog, which I will leave to my reader from the Ministry of the Environment (you know who you are).

The Antipodean Mariner
15th November 2011