December 2012 Port Bueau News

Greater Houston

D e ce m b er

2012

Po r t B u r e a u

Annual Report p.6

Membership

p8

What has the Port Bureau done for you in 2012?

Read about membership benefits and options for 2013

Spotlight

p.16 Immunity

on Bulk & Break-Bulk Terminals along the Houston Ship Channel

p.26

District Court finds Immunity for Deepwater Horizon Spill Responder

M E M B E R D R I V E N - M A R I T I M E B A S E D - V A Port L U EBureau A DNews DED S E R V 2012 ICES1 / December

Member Functions From seven commerce club luncheons to a record-size annual dinner to a successful golf tournament and lunches for the GHCA and HSCSD, Port Bureau members got out in the community in 2012.

Captain’s Corner

CAPT Bill Diehl, USCG (Ret.), P.E.

As we end the year, I find myself asking the question: Were our members more successful this year because of something we brought to the table?

As 2013 approaches, the Port Bureau staff and our Board of Directors are evaluating our products and collective accomplishments. In doing so, we’re looking at everything we’re doing and figuring out what makes money for our members and what may need a tweak or a process improvement. Whether you’ve been a Port Bureau member for years or maybe you just opened up the newsletter for the first time, we want you to know that we’re here to help you and be a reliable source of information on maritime commerce.

So how does the Port Bureau help you?

We have three major business lines: we’re a source of vessel movement information, port business information, and business assistance. Revenue from our business lines allows us to advocate for our industry as well as bring the maritime value message to a wider community.

When it comes to vessel movement information, we’re the Maritime Exchange of 2

Port Bureau News / December 2012

Texas, the best place for primary data about ships going into and out of every Texas port with our daily reporting and our real-time HarborLights network. I’m excited to say that you’ll start to see Freeport added to the network in the coming year. Much thanks goes to our partners and member companies the Houston Pilots and Galveston-Texas City Pilots for their continued support of HarborLights - a very real efficiency that our ports enjoy.

For port business information, we’re going strong with our monthly commerce club luncheons, our annual golf tournament and our record-size annual dinner.

Without giving too much away, look for an exciting change in venue for our dinner in 2013 which should allow many of you who may have been on the wait-list this year to come out and enjoy the industry fellowship and honor a worthy person of the year. We are also focused on improving our port-centric products like this magazine, our annual membership directory, and a Houston Ship

HarborLights HarborLights took a tremendous step forward this year with the integration of the Galveston-Texas City Pilots dispatch information.

What can you expect in 2013?

For your answer, look south to Port Freeport.

Channel facility guide which should make its debut later this year after a long sabbatical.

Finally, looking at our port business assistance, we’re going to continue to offer quality service and support to organizations like the Houston Ship Channel Security District, the Houston Customhouse Brokers & Freight Forwarders Association, and the Greater Houston Coffee Association, but we’re also going to take our work a few steps further. In 2012, we supported several members with specific research projects to address maritime questions so that they could hone their business plans, and we’re going to expand our work with economic and statistical analysis. We’re also going to take our successful grant writing experience and start looking for projects that can help our members. Last year, we wrote a grant that got the Houston Ship Channel Security District one million dollars to update the port-wide risk assessment plan, and we’re going to continue looking for ways to help

our members update their facilities, infrastructure and equipment with grant dollars. This is a service that will not cost members a dime for research and grant-writing, and will only incur administration costs once we’ve gotten you a grant. At the Port Bureau, we pride ourselves on knowing our members and we’re going to prove it by making a positive impact on your bottom line.

Finally, I want to reach out to anyone who hasn’t had a chance to stop by the office recently, we’re located in the Port of Houston Authority’s executive office building and you have an open invitation to drop by, have a cup of coffee, and see what we’re doing for our members and our region. We’re here for you and in 2013, I look forward to meeting that responsibility with action and results.

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Member FDIC Port Bureau News / December 2012

3

“Over the years, the Greater Houston Port Bureau has afforded Buffalo Marine with an effective network platform to develop and foster business relationships in the marine community.

It is a genuinely superior stakeholder advocate.”

Patrick J. Studdert, President/CEO, Buffalo Marine Service, Inc.

“Of all the industry associations I am involved with, the GHPB membership represents the most diverse cross section of the transportation industry professionals including affliated members working together to promote our industry and resolve issues for the benefit of all”.

Steve Stewart, President, Gulf Winds International

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Port Bureau News / December 2012 ANNUAL REPORT 2018 | 17

The Greater Houston Port Bureau Board of Directors Dennis Hansell

Chairman Suderman & Young Towing

Steve Stewart

1st Vice Chairman Gulf Winds International

Bill Hennessey

2nd Vice Chairman ExxonMobil Baytown Refinery

John Taylor

Secretary-Treasurer Houston Mooring Company

David Ellis Odfjell USA

Vinny Pilegge Manchester Terminal Co.

Nolan Richardson

Ken Burnett

Watco Companies Greens Port Industrial Park

Richardson Stevedoring & Logistics

Mike Drieu

Capt. Richard Russell

Robert G. Garcia

AET

R.W. Smith & Company

Capt. Robert Thompson

Celeste Harris

Houston Pilots

St. Joseph Medical Center

COL Len Waterworth

Jason Hayley

Port of Houston Authority

Port of Texas City

Nathan Wesely

Mehdi Hejazi

West Gulf Maritime Assn.

April Bailey

Kevin Hickey

Amegy Bank

Targa Resources

Immediate Past Chairman Buffalo Marine Service

Jim Black

Guy W. Hitt

Moran Gulf Shipping

Frost Bank

Capt. John G. Peterlin III

Robert H. Blades

Charlie Jenkins

John L. Wortham & Son, LLP

Tom Marian

Port of Galveston

Blades International

Houston Fuel Oil Terminal Co.

Brad Maxcey Danner’s Inc.

Wild Well Control, Inc.

Norton Lilly

Charles H. Flournoy

Mike Mangan

Jerry Nagel

Rickmers-Linie

Bernt Netland

Intercontinental Terminals Co.

Colin Scott Vopak

Capt. Christos Sotirelis Galveston-Texas City Pilots

Tim Studdert Shamrock Marine

PHA

Port Bureau News / December 2012

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A Letter from Chairman Dennis Hansell

Executive Vice President - Suderman & Young Towing On behalf of the Board of Directors, I want to thank you for your participation and support of the Greater Houston Port Bureau this year. Part of the mission of the Port Bureau is to facilitate maritime commerce and cooperation in our region, and I know the Board of Directors is very dedicated to promoting this spirit of partnership from tugs to warehouses, and ships to skyscrapers. We know that we all rise and fall with the ebb and flow of commerce. Successful commerce begins and ends with strong relationships, and your Board of Directors is working to develop, maintain and enhance those relationships across our community.

In this issue of the Port Bureau News, you will read about the three core business lines of the Port Bureau: Vessel Movement Information, Business Assistance, and Port Business Information. While the staff is focused on realizing a good return on your investment by contributing to your operations and industry profile, I want to point out some of the things we’re doing behind the scenes. At the Port Bureau, we’re working to advance the causes of the Port from addressing dredging issues with legislators by talking about the WAVE-4 and RAMP initiatives, to getting out in front of the wider community and talking about our industry. We’re working on industry priorities like the TSU transportation program, local maritime high schools, the Greater Houston Partnership’s Port Task Force and the safety, security and environmental groups keeping watchful eyes on the port. Finally, and never forgetting the responsibility we owe to our neighborhoods and communities, we maintain our engagement with

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Port Bureau News / December 2012 ANNUAL REPORT 2012 | 02

legislators, regulators and interested groups outside the maritime industry.

I have great faith in our Ports’ and region’s economy — and that demonstrable success starts with the people of our industry. When I see how hard our waterfront works, I know that Texas is heading in the right direction, and the 25% market share of American cargo tonnage that Texas handles is a terrific indicator of our strength. By keeping dialogue open, I’m confident that we can increase that tonnage, and market share, in the years to come. One of our greatest strengths is our community cooperation and our ability to pick up a phone and talk to one another when things go sideways.

I’d like to close by extending a personal invitation on behalf of all the Board: if you’re on the fence about the Port Bureau, let’s talk. Come visit the offices and see what Captain Diehl and the staff are doing for us, or give me a call and I’ll be happy to tell you why we’ve been Port Bureau members and staunch supporters for decades and are looking ahead only to more productive, prosperous years to come.

The Port Bureau’s Steady Growth Fuels Industry Partnerships

As an industry conduit and highly visible source of maritime expertise, the Port Bureau is often called upon to explain maritime issues to the public, regulatory bodies, government stakeholders, and commercial interests

In the News CAPT Diehl talks to ABC-13 (KTRK) about the impact of the Panama Canal and why Houston needs to look to the Port as an economic engine.

Talking about Port Issues Patrick Seeba talks to PBS (Channel 8) about Port issues such as the Harbor Maintenance Trust Fund and industry’s role in the wider community.

Advising Regulators & Legislators CAPT Diehl talks to the TXDOT Panama Canal Working Group to advise on traffic flows and infrastructure needs of the Houston Ship Channel

Port Bureau News / December 2012

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Getting Ready for 2013

Port Bureau Membership Just got your annual invoice?

Getting ready to join?

Haven’t visited the office recently?

Look at what you get with your Port Bureau membership:

Included in Basic Membership:

Monthly Statistical Report

The Port Bureau’s monthly statistical report keeps your personnel informed about exactly which terminals are moving cargo in the Houston area - and how Houston compares to other Texas ports.

Monthly Texas Vessel Movement Statistical Report Using the HarborLights system and the GHPB database structure, we distribute to members a monthly report with arrival comparisons for all Texas ports and Terminal & Agent usage statistics for the ports of Houston, Galveston, Texas City and Corpus Christi.

Port Bureau Directory 2012 GHPB Directory This full-color, 175 page directory includes a full page on each Port Bureau member plus valuable maps and port region contact information to keep you connected when you’re on-the-go. The 2013 Directory is scheduled for a late-1Q release.

Business Exposure & Referrals If you need something in the port, it’s our business to know everything. If you’re a member, we make sure that when people call looking for maritime services, we know you.

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Port Bureau News / December 2012

The Public Face of the Port Bureau It starts with your logo and contact information on our webpage, but it doesn’t end there.

Port Bureau members are featured in the Port Bureau News, in special expositions, and you even have the ability to increase your exposure with advertising and event sponsorship.

The over 150 members of the Port Bureau are showcased in a directory that gives your people the knowledge they need to make quick calls and talk to the right people in a position to deliver exactly the capabilities you need.

Subscription Services

HarborLights

The Port Bureau offers access to the HarborLights Vessel Traffic Management System - with a window into the Houston & Gal-Tex Pilots’ dispatch offices and real-time movement information, you will know exactly what’s coming up next on the Houston Ship Channel.

The HarborLights Vessel Traffic Management System Developed by the Houston Pilots for dispatch, the HarborLights Vessel Traffic Management System lets port users know not only preceisely where ships are in the Houston region at any time, but keeps operators informed about where the Pilots will move ships next.

Daily Vessel Movement Reports GHPB Daily Movement Reports Routed to user inboxes at 0400 each morning, the GHPB Houston Daily Movement Report includes all vessel arrival/sailing/shifting information for the previous calendar day including movement times, terminal and agent usage.

The Port Bureau produces reports for movements in and out of Houston as well as the other 9 Texas port complexes. In addition, we offer an ETA report that lets you keep an eye on what’s scheduled later in the week.

Port Bureau News / December 2012

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Port Bureau Member Companies ABS Consulting ABS Americas AET Inc. Limited Alphamar Amegy Bank American Shipping & Chartering AMI Staffing Inc. Bay Houston Towing BBVA Compass Bell, Ryniker & Letourneau Bertling Logistics Best Bet Marine Services Biehl & Company, L.P. Blades International Briggs & Veselka Co. Brown & Gay Engineers, Inc. Buffalo Marine Caldwell Companies Cargill Cargoways Central Healthcare Services Ceres Gulf Inc. Chalos & Co Chaparral Stevedoring Co. Chem Coast Chipolbrok America Inc. Clark Freight CLM Towing LLC Coastal Cargo Colliers International Comerica Consolidated Bonded Warehouses DAMCO Dannenbaum Engineering Danner’s Incorporated Dave Miller & Assoc.

DNV D’Onofrio Management Works Dowley Security Systems Inc. East End Chamber of Commerce Economic Alliance Houston Port Empire Truck Lines Enviro-Tech Excargo Services Inc. Executive Shipping ExxonMobil Baytown Fire Protection FMS Logistics Force Corp.

Foss Maritime Company Frank Mohn Hou. Inc. Frost National Bank G&H Towing 10

Port Bureau News / December 2012

GAC Shipping Gal-TX City Pilots Gardere Wynne Sewell Global Diving & Salvage Greater Houston Partnership Watco Co-Greens Port Industrial Park Gulf Gas Utilities Co. Gulf Marine Industrial & Supply Gulf Marine Supply Gulf Stream Marine, Inc. Gulf Winds International HANSA Heavy Lift Americas, Inc. Harley Marine Services Hazelimpex HDR Engineering Inc. HillsDay Public Relations Inc. Hiller Systems, Inc. Houston Business Ins. Agency Houston Fuel Oil Terminal Company Houston International Seafarer’s Ctr. Houston Mooring Co. Inc. Houston Pilots Houston Ship Repair IBC Bank ICIS IGSI Inbesa America, Inc. Inchcape Industrial Terminals Industrial Turnaround & Construction Intercontinental Terminals Intergulf Coporation Iv INFRA USA J.A.M. Distributing J. Peter & Assoc.

Jacintoport (Seaboard Marine) Jo Tankers Inc. John L. Wortham & Son KinderMorgan Kirby LBC Petro United LENSEC Lloyd Engineering Malin International Manchester Terminal Mare Liberum Marine Healthcare Services McCarthy Building Companies Mediterranean Shipping MidPoint Partners Moran Gulf Shipping Morris Export Services New Energy Transport

Nordic Tankers (TX) Inc. Norton Lilly International Nustar Energy LP Ocean Shipholdings, Inc. Odfjell Oil Tanking Houston, Inc. Port Freeport Port Isabel/San Benito Port of Brownsville Port of Galveston Port of Harlingen Port of Houston Authority Port of TX City Port of Umatilla Port Mansfield (Willacy Cty. Nav. District) Port Terminal Railroad Assoc.

Ports America Texas, Inc. R.W. Smith & Co. Richardson Stevedoring & Logistics Rickmers Linie Royston Rayzor SAVAGE SC Line Schroder Marine Services SHAMROCK Shell Trading Shippers Stevedoring Co. Shrader Engineering South Atlantic & Gulf Coast District ILA Southern Export Services, Inc. Southport Agencies St. Joseph Medical Center Suderman & Young Towing T. Parker Host (formerly NSA) TARGA Resources TASC Texas Marine Agencies Texas Mooring Texas Terminals, LP The Action Group Companies Transmarine Navigation Corp Trustmark National Bank UTC Overseas, Inc. Vopak (Deer Park) Wells Fargo Bank West Gulf Maritime Association Wet Tech Energy Whitney National Bank Wild Well Control Wilhelmsen Ship Service Wm Morris Enterprises World Chandlering Intl.

WRIST/World Ship

Port Business Assistance

Serving the interests of the maritime community, the Port Bureau also manages the administration for the Houston Customhouse Brokers and Freight Forwarders Association, the Greater Houston Coffee Association and the Houston Ship Channel Security District. These diverse organizations add over 400 local freight, cargo, and terminal handling companies to the Port Bureau’s portfolio, allowing GHPB to assist members with a wider and more diverse body of knowledge about the commercial interests, issues, and priorities affecting our regional maritime environment.

Greater Houston Coffee Association

Houston Customhouse Brokers and Freight Forwarders Association The Port Bureau provides administrative management services to HCBFFA including: • Accounting Services • Coordination of State Delegation for National Conferences • Election Planning & Support • Invoicing • Membership Administration • Member Function Planning • Monthly/Annual Meeting Planning • State Conference Coordination

The Port Bureau provides administrative management services to the GHCA including: • • • • • • • •

Advocacy Budgeting Industry Liaison Invoicing Member Relations Meeting Space Quarterly/Annual Meeting Planning Website Maintenance

The Houston Ship Channel Security District Providing administrative services for the Houston Ship Channel Security District, the Port Bureau works to assist and provide the District and its Board of Directors with: • Accounting Services • Invoicing • Communications & Outreach • Mapping Services • Contract Analysis • Meeting Venue Preparation • Election Planning & Support • Office Space & Secretarial Service • Governmental Liaison • Project Oversight • Grantwriting Services • State Recordskeeper Certification • Graphics Design • Website Maintenance • Investment Officer Certification

Port Bureau News / December 2012

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Throughout the year, the Port Bureau brings together between 100-200 executives and industry professionals for Commerce Club luncheons as well as an annual golf tournament and Gala. The visible presence of Port Bureau Member companies and increased participation pay dividends for attendees as they grow their business networks and interact with the expanded community.

CAPT James Whitehead

January

In January, CAPT James Whitehead, Commander, USCG Sector Houston-Galveston spoke to the sold-out Commerce Club about regulatory developments affecting the shipping industry as 2012 began.

February

Capt. Robert Thompson In February, Captain Robert Thompson, Presiding Officer of the Houston Pilots Association talked to industry about the Pilots’ role in the maritime community and issues affecting ship traffic from the Sea Bouy to the Turning Basin.

Ron Hyden

March

In March, Ron Hyden, Technology Director for the Production Enhancement Division of Halliburton informed the maritime community about what natural gas plays of East and North Texas meant for cargo movement, traffic patterns, and the commercial environment of the Houston region.

April

Gary Sera In April, Gary Sera, Director of the Texas Engineering Extension Services spoke to the Commerce Club about training services offered by state institutions and how educational facilities like Texas A&M University are gearing up to assist the maritime community.

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Port Bureau News / December 2012

n

a

In August the 83rd Annual Maritime Dinner brought more than 500 executives and professionals to the Houstonian Hotel for a black-tie dinner and silent auction to honor the Maritime Person of the Year Jerry Nagel, Chairman of Rickmers-Linie for his lifetime of work in the maritime community.

COL Len Waterworth

May

In May, COL Len Waterworth, new Executive Director for the Port of Houston Authority spoke to a sold-out crowd about the role of PHA in the community.

COL Waterworth’s remarks ranged from the rich history of the port community to issues facing PHA in the 21st Century.

CAPT Mike Mierzwa

July

In July, new Port of Galveston Director CAPT Mike Mierzwa spoke to the Commerce Club about how the Port was looking to act on community issues, environmental concerns, and the multi-faceted role the Port plays in the region to increase traffic, commerce, and the cruise business.

September A-SAC Michael Anderson In September, Assistant Special Agent in Charge Michael Anderson came to the Commerce Club to talk about how his team of agents prosecuted Ken Lay and Jeff Skilling for their part in the Enron case which reshaped the legal landscape for large corporations in the US. The November Captain’s Cup Golf Tournament brought dozens of member companies together for an afternoon of fellowship and sport followed by a steak dinner and networking. The tournament featured numerous special events including a $10,000 holein-one challenge, forecaddie service, and member-sponsored beverage carts.

Captain’s Cup

Port Bureau News / December 2012

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GHPB Congressional Outreach and Advocacy In 2012, the Port Bureau arranged and held meetings with the offices of over two dozen Congressmen and women advocating for Port of Houston priorities such as Harbor Maintenance Trust Fund reform and regional infrastructure issues such as the deepening and widening of the Bayport Channel.

(above) - GHPB President Bill Diehl with Congressman Pete Sessions (R-TX), minutes before Congressman Sessions attached Harbor Maintenance legislation to the 2012 Surface Transportation Bill 14

• Senator John Cornyn

• Congressman Gene Green

• Senator Kay Bailey Hutchison

• Congressman Louis Gohmert

• Senator Mary Landrieu

• Congresswoman Kay Granger

• Congressman Joe Barton

• Congresswoman Eddie B. Johnson

• Congressman Charles Boustany

• Congressman Sam Johnson

• Congressman Francisco Canseco

• Congressman Kenny Marchant

• Congressman Michael Conaway

• Congressman Mike McCaul

• Congressman Rick Crawford

• Congressman Randy Neugebauer

• Congressman Henry Cuellar

• Congressman Pete Olsen

• Congressman Bill Flores

• Congressman Silvestre Reyes

• Congressman Al Green

• Congressman John Sullivan

Port Bureau News / December 2012

Community Outreach for Port Initiatives • Conservative Citizens Club • East End of Commerce The Greater Houston PortChamber Bureau has been supporting the Port of Houston Authority’s mission since its inception in 1929. Spe• Economic Alliance for the Houston Port Region cialising in the distillation of commercial information with a Greater Tomball Chamber of Commerce focus on • increasing trade and trafficArea to the Houston port region, the Port Bureau works with its over 150 member companies to • Houston Intercontinental Chamber of Commerce develop solid business relationships, address regional matters of concern, • and Houston Maritime Arbitrators Association • Houston Maritime Association • Houston Northwest Chamber of Commerce • Houston Regional Economic Development Alliance • International Longshoremen’s Association/USMX Leadership Panel • International Propeller Club of the United States • Leadership Houston • North Shore Rotary Club • Petrochemical Maritime Outlook Conference • Port of Houston Authority Press Conferences • Port of Houston Authority Deepening & Widening Public Meetings • Phillips 66 Industry Notification • San Jacinto College North • Tomball Rotary Club

Port Bureau News / December 2012

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Spotlight On:

GHPB

Member Terminals

Private Facilities on the Ship Channel Driving Houston’s Economic Growth Break Bulk Leader Steel pipe is unloaded at GHPB member Manchester Terminal Company - more steel moves across the docks in the Port of Houston than anywhere else in the USA

Diverse Cargo

Member company Gulf Winds International moves a supersack of coffee at GHPB member terminal Greens Port

Storage Capacity

Supporting the largest petrochemical complex in North America, GHPB members like Odfjell store massive amounts of chemicals and liquid bulk products all along the Houston Ship Channel

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Port Bureau News / December 2012

24/7/365

(Opposite) Early in the morning a vessel gets ready to leave member company Kinder-Morgan’s Deepwater terminal; terminals on the Houston Ship Channel are ready for piloted ships and critical cargo 24/7/365.

Port Bureau News / December 2012

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Liquid Bulk Ve

Liquid Bulk Terminal Members 2011

2010

Refineries

2009

The ExxonMobil Baytown refinery and Shell Deer Park facility have nearly 1,000,000,000 barrels per day of capacity and fuel the gulf coast economy

2008

2007

0

Liquid Bulk Storage

Port Bureau members like Oiltanking and others feed the manufacturing base of Houston’s petrochemical industry with feedstock and storage.

Functional Expansion

Houston’s ready availability of land and business-friendly climate are contributing to the nearly $22 billion of expansion planned for 2013-2015

The tank farms of Houston Fuel Oil Terminal Company stand ready to receive cargo. HFOTC is one of a dozen storage facilities on the Houston Ship Channel that keep ships filled with petrochemicals headed to Houston.

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Port Bureau News / December 2012

100

200

300

400

50

essel Arrivals

00

LIQUID BULK

Targa Odjfell Shell LBC Kinder Morgan Houston Fuel Oil ExxonMobil Vopak InterconPnental Oiltanking

600

Port Bureau News / December 2012

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Break-Bulk Po r t B u r e a u M e m b e r s

The Port of Houston is the largest break-bulk port in the United States. Who are the biggest private terminals in the high-and-heavy business? Look no farther than the GHPB member directory to find out: Coastal Cargo of Texas

Inbesa America

Coastal Cargo of Texas provides terminal and stevedoring services at the Care Terminal complex - a 25 acre multipurpose facility located near the intersection of I-10 and Beltway 8. With over 65,000 square feet of covered warehouse space, 15 acres of paved open storage and 1,120 linear feet of vessel berthing, Coastal Cargo specializes in the high-and-heavy cargo that is the hallmark of the Houston break-bulk market.

With a focus on steel from start to finish, Inbesa America’s 62 acre facility is located in the protected Jacintoport Slip off the main deep water ship channel and offers easy access to road, rail and barge facilities allowing for the quick transfer of customer cargo.

With a large fleet of rolling stock including shore-side cranes, top-loaders, lift machines and direct access to on-site rail siding, the Care terminal’s experienced non-union labor force is able to offer flexibility to meet whatever the customer requires.

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In addition to three rail spurs, overhead cranes, shore cranes and 180,000 square feet of warehouse space, Inbesa’s real-time views of customer material allow companies to easily track the movement of their materials including inventory reporting, signed delivery receipts and computerized updates.

Industrial Terminals Industrial Terminals, LP provides 2,055 linear feet of deep water berths, a 1,500foot barge terminal, covered warehousing, a roll-on/roll-off area, ample rail and truck ac-

Port Bureau News / December 2012

cess, and extensive cargo marshalling areas.

Completed and operating is the new Kavanagh dock designed to the heaviest load standards of any facility in the region. The dock is capable of working vessels 550 feet long and drafts up to 32 feet with two gantry mounted cranes, each rated at a maximum capacity of 200 tons, and provides direct shipside rail access.

In addition, construction was recently completed on a 325feet extension of Dock 1 which increased the available berth space at Industrial Terminals to 2,055 feet - enough to dock two of Intermarine’s largest vessels.

Jacintoport International

Petrochemicals & Break-Bulk Bagged polyethylene pellets from a Houston Ship Channel chemical plant are bagged for stuffing and export at Jacintoport Terminal

The Jacintoport terminal has 550,000 square feet of ultra-modern, automatic power ventilated, heavily insulated warehouse, which virtually eliminates condensation. In addition to 1,830 linear feet of lighted berth space and 8 acres of concrete apron, the warehousing facilities also possess a dry fire-fighting protection system, 25-foot ceiling heights; and an adjacent covered rail shed holding 80 railcars for all-weather care unloading. As a C-TPAT validated operator, Jacintoport International has 24hour manned security with

a sophisticated digital camera and gate entry system to protect customer cargo.

Jacintoport also boasts the only automated cargo handling system in North America capable of handling import/export cargoes of bagged goods and unitzed boxes. This Spiralveyor conveyor system handles cargoes quickly and efficiently to minimize costs through quick vessel turnaround.

Manchester Terminal Co. Manchester Terminal is a private marine terminal offering a unique combination of warehousing, breakbulk and container facilities with space in the extremely large, well lit, and asphalt-paved industrial park to accommodate light manufacturing and assembly operations.

Located at the intersection of the Houston Ship Channel and Sims Bayou, Manchester has two large Port Bureau News / December 2012

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docks with over 3,200 feet of waterside length, easy access to all modes of transportation, and over 1,000,000 square feet of warehouse space on a 72.4 acre facility designated as a foreign trade zone.

Manchester’s major capital improvements include concrete and asphalt roads, container yard and lay-down areas, built-to-suit office and warehouse space, and a state of the art fire supression system. In addition, Manchester offers value-added services such as 24/7 shuttle service for crews between gate and gangway, two truck scales on-site to facilitate rapid cargo processing, and direct rail access to both warehouse space and 1,500 feet of of dock for easy direct-discharge to rail.

Texas Terminals Offering discharge and loadout serviecs for a wide variety of vessels and cargo, Texas Termi-

BARGING AHEAD ever so politely.

B

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Port Bureau News / December 2012

Buffalo Marine Service, Inc.

www.BuffaloMarine.com

nals’ 65 acre facility is staffed with personnel experienced in moving project cargo all over the world. With on-dock rail, a terminal-owned locomotive, and over 100,000 square feet of warehousing space, Texas Terminals is able to provide value-added services such as container stuffing, stripping, and repair while offering the competitive rates of a private facility. Texas Terminals’ 1,320 feet of dock space is complemented by a full-stern Ro-Ro ramp and office space for customers to take care of business.

Providing marine services to vessels along the Gulf Coast for over 20 years. We own and operate USCG approved liquid vacuum trucks, a 10,000 bbl Tank barge for marine pollution (Marpol) waste, a 10,000 bbl tank barge for carrying industrial wastewater, a 10,500 bbl tank barge for carrying clean chemicals and a 1800 horsepower Tug for removal and transportation of various material.

Watco Companies Greens Port Terminal Watco’s Greens Port Terminal is located on 655 acres in the heart of the Houston Ship Channel and is the largest private multi-tenanted industrial park in the Gulf Coast market.

Greens Port’s 4,000 linear feet of deep water and barge docks compliment approximately 3 million square feet of indoor facilities in 20 buildings that feature large bay widths, numerous cranes,

Intergulf can accept the following materials • • • • • • • • • • •

the ability to clear heights ranging from 20 to 45 feet, and heavy floor loading capacity. Direct rail served buildings and rail storage yards that attach to the over 20 miles of on-site rail are available, and the docks include large adjacent concrete staging areas with roll on roll off capacity.

Greens Port buildings can easily be subdivided, offering users flexibility in their leasing requirements, and stabilized or concrete outside storage areas are available with additional acreage for future expansion. Approximately 14 acres are designated Foreign Trade Zone Status and in addition to contracted stevedoring and warehousing services, Greens Port offers door to door logistical solutions and a variety of transloading options. Greens Port handles commodities such as bulk liquids (fuels, crude oil, and condensate), steel (coils, pipe, beams, and slabs), building materials, bulk solids and dimensional shipments.

MARPOL Annex I and II Wastes Category X Tank Washings Engine Room Sludge Tank Washings / Cargo Washings Hazardous Products using preapproved disposal facilities Used Oil Oily Bilge Water / Oily Ballast Water De-Bunkering Off-Specification Products and Fuels Gray and Black Water Hazardous and Non-Hazardous Waste

Houston’s miles of tank terminals? One major advantage of being the largest break-bulk port in the country is your choice of site to receive the plate and structural steel for major construction projects like these.

“Cost and Convenience Are Not Considerations When Addressing Safety”

(281) 474-4210 www.intergulfcorp.com • info@intergulfcorp.com

Port Bureau News / December 2012

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Bulk Handling Facilities Kinder Morgan Petcoke L.P. is responsible for handling over 10 million tons of petroleum coke through several terminals located on the Texas Gulf Coast. In addition to petroleum coke, it also unloads aggregates from ocean going vessels and loads soda ash and potash to export vessels.

It owns General Stevedores, who provide labor and equipment to load and unload vessels at several Texas ports. It also owns Kinder Morgan Engineering and Conveying, a division that designs, fabricates, and erects dry bulk conveying systems.

The Cargill Grain Elevator on the Houston Ship Channel offers loading capacity for deep draft vessels and coastwise barges.

At its terminal, Cargill handles various grains including wheat, corn, sorghum, and soybeans.

Loading is accomplished by six gravity fed grain spouts with a delivery rate of 70,000 bushels for each spout.

In addi-

tion to its deep-draft loading capabilities, the terminal is able to load out to trucks, hopper cars, and barges.

For

ocean delivery, there are two berths parallel to the ship channel capable of handling vessels up to 750x106x40.

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Port Bureau News / December 2012

Port Bureau News / December 2012

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n u m m I s d n i F t r District Cou e R l l i p S n o z i r o H Deepwater Brought

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In a thirty-six (36) page dec – . (i.e r bie history of the CWA, notBar ge , District Jud Judge Barbier considered thehorized the President to sion issued in late November r the Multidistrict Litigation the CWA has always aut the District Judge presiding ove nding the ing that ions to remove or arrange for the removal of disrou sur na isia Lou of t tric Dis n act Pollution Act in take pending in the Easter Court also noted that the Oil granted summary judgment Deepwater Horizon incident) urer of a chemical oil spill dis- charged oil. Theed the CWA to, inter alia, expand federal ponses, requirfavor of Nalco, the manufact response efforts, holding that of 1990 amend responsibility for oil spill res persant used during the spill and the National Contingency authority and ent to “ensure effective and immediate rethe Clean Water Act (“CWA”) state and general maritime ing the Presid charge of oil. 33 U.S.C. § 1321(c)(1)(A). In moval” of a dis Plan (“NCP”) pre-empted the spill” has occurred (i.e. – one Nalco. a case where a “substantial eat of a pollution hazard to law claims asserted against ates a substantial thr (the “PSC”), on be- that crelic health or welfare of the United States), the CWA tee mit Com g erin Ste ffs’ inti the pub The Pla and ent “direct all Federal, State, ing, inter alia, vessel captains half of various plaintiffs includn-up activities, workers that requires that the Presidove the oil and directs all federal ts, private actions” to rem ate parties participating in an oil and crew participating in clea led by oil and/or dispersan decontaminated vessels soi onshore clean-up, and coast- agencies, States, or priv CWA to act in accordance with the workers that participated in had filed a complaint against spill response under theunizes parties rendering care, assisal residents and vacationers,ing claims under both the gen- NCP, and explicitly immtent with the NCP or as directed by Nalco (among others), assert law for injuries relating to ex- tance, or advice consis oval costs or damages that result sants eral maritime law and state sants, or a mixture of both. In the President from rem omissions. The two (2) disper posure to oil, chemical disperants collectively moved to dis- from their actions or lco and at issue were both listed on September 2011, the Defend g that they were entitled to manufacturered by Na le, and were also preauthorized for regions miss the complaint, contendinunity and/or that the claims the NCP Product Schedu ponse Plans for the U.S. Gulf derivative governmental immand the NCP. The Court denied use in the Regional Resater Horizon spill. On April 21, 2010, were preempted by the CWA the proceedings, but expressly affected by the DeepwCoordinator (“FOSC”) authorized the the motion at that stage of er Defendants to reassert such the Federal On-Scene of the Nalco dispersants, and appermitted Nalco and the oth covery. In early 2012, Nalco first aerial application sea applications of the dispersants defenses following limited dismiss, which was converted to proved surface and sub April 2 and July 19. filed a renewed motion to dis ent by Judge Barbier in April on a daily basis between a motion for summary judgm

Port Bureau News / December 2012

nity for esponder | Athens | Cyprus The PSC’s Complaint we ts re defective, unreasonalleged that Nalco’s dispersaner state tort law and general ably dangerous, and toxic undmiss the Complaint, Nalco armaritime law. In moving to disempted because they conflictgued that the claims were pre to use the dispersants and/ ed with the FOSC’s decisionsthe objectives of the CWA and or presented an obstacle to ued that the claims were for NCP. In response, the PSC argdispersants were “unreasonproducts liability and that the that they were applied to the ably dangerous” at the time spill in 2010. were preempted by the In ruling that the PSC’s claimsed the CWA’s fundanot t firs rt CWA and NCP, the Cou effective and immediate remental objective to “ensure . . . .” and the NCP’s goal to oil of moval of a discharge . . . ated, and effective action to “provide for efficient, coordin .” The Court then highlight. . minimize damage from oil. that these goals are best ed Congress’s determinationcts all levels of the response achieved if the President dire While acknowledging that – federal, state, and private. sy over the use of chemithere has long been controver toxicity, the Court nonethecal dispersants due to their NCP intended for the FOSC and less found that the CWA determine whether it is to weigh the pros and cons and persant – a decision dis lar ticu appropriate to use a par guessed” by the Court, a that should not be “seconding a response. In rejecting dur State or a private person ms, the Court concluded the PSC’s products liability claih claims would be to cresuc g that the effect of allowin

by impeding the FOSC’s ability ate an obstacle to federal law ediate removal” of oil and the to “ensure effective and imm ctive” response intended by “efficient, coordinated, and effe to address whether the disper the NCP. The Court declined ive, or unreasonably dangerect sants were, in fact, toxic, def erations were irrelevant to the ous, finding that such consid rt further declined to address issue of preemption. The Cou arguments, as resolution of the Nalco’s derivative immunity itive of Nalco’s motion. preemption issue was dispos s against whom the PSC Motions of other defendant t-explosion clean-up efpos to also asserted claims relating forts remain pending.

Port Bureau News / December 2012

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Expiring TWIC?

A Service Message from USCG Sector Houston-Galveston Port Security Information Bulletin 02-12

The Transportation Worker Identification Credential (TWIC) program is currently dealing with a high volume of TWIC Extended Expiration Date (EED) requests. The average EED request is approximately 277 days prior to the TWIC expiration date. As a result, TWIC holders may be experiencing significant delays when attempting to contact the various Transportation Security Administration (TSA) call centers. TSA is actively working to address this issue by add-

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Port Bureau News / December 2012

ing more phone lines and hiring more call center representatives to support the increase in EED requests. TSA notes that these initiatives may take upward of one month to implement. In the meantime, TSA asks that TWIC holders refrain from ordering an EED TWIC until the holder’s existing credential falls within four months of the expiration date. TWIC holders whose cards expire within the four month window, or who have lost a card and need an

immediate replacement, should call the TWIC Help Desk at 1-866-DHS-TWIC or 1-866-347-8942. Those seeking additional information on the TWIC EED status, and other related matters, are encouraged to visit the TSA website at: www.tsa.gov/twic.

For those TWIC holders whose card has expired there is no “grace” period or circumstance during which the expired credential alone will be honored. An individual possessing an expired TWIC shall be treated as if they were a non-TWIC holder. If access to a facility or vessel is necessary, then the security screening and escorted access procedures of

that facility or vessel are applicable.

Additionally, if an individual presents an expired card, facility and vessel security officers (FSO/VSO) should direct their security personnel to circle the expiration date with an indelible marker to highlight the date for subsequent security personnel and prompt the card and prompt the card holder to seek a replacement.

ported their TWIC to TSA as lost, damaged, or stolen or has yet to receive a replacement TWIC thirty (30) calendar days of unescorted access pending receipt of a replacement TWIC provided that all requirements under 33 CFR 104.265(c)(2)(i),(ii), and (iii), 105.255(c) (2)(i),(ii), and (iii), or 106.260(c)(2)(i)(ii), and (iii) are met and the following:

Alternatively, FSOs/VSOs may authorize an individual who has re-

(1) The individual provides proof that a replacement TWIC has

been ordered (a payment receipt is acceptable as proof); and (2) The individual provides the FSO/VSO their first and last name and application I.D. (if known). This information can then be used by the facility/vessel to confirm that the individual has previously held a valid TWIC and has ordered a replacement by using the card status check feature on TSA’s website located at: http://twicinformation. tsa.d hs.gov/twicinfo.

Finally, FSO/VSOs are not required to report individuals who do nothing else but present an expired TWIC card for entry nor should they seize the card which is the property of the TSA. As outlined above, security personnel are to deny unescorted access and encourage the individual to initiate an application for a new TWIC card. Should, however, an individual repeatedly attempt to access a facility or vessel using an expired TWIC card, security personnel are urged to record the details of the attempted access and report the incident to the Coast Guard Sector Houston-Galveston Facility Inspection Division at (713) 671-5105 or, after hours and on weekends/holidays, to the Sector Command Center at (713) 671-5113.

DIRECTION Maritime Solutions for Moving Forward

PORTS MARINE HEAVY INDUSTRIAL COASTAL

If you have any questions or concerns regarding this matter, please contact the Facility Inspection Division, at the aforementioned number. Additionally, another specific resource designed to help individuals keep current on the latest facility security news may be found at the Area Maritime Security Committee’s Facility Security Working Group website at www.fswg.org.

Scott Dobry

PERMITTING

Port Bureau News / December 2012 www.hdrinc.com

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A Time to Mourn - If You Built It! Just as the full extent of Superstorm Sandy was permeating the nation’s conscious as one of our nation’s most costly natural disasters, the free enterprise system was dealt what I personally consider another body blow with the reelection of President Obama. It will certainly be interesting to see what impact the election will have on the final quarter of the year. That being said, the first month of the year’s “clean up” quarter was flat when compared to September but it was the best first month of any quarter of the year.

Granted, that is typically the case as October is usually the “center of gravity” for the holiday season ramp-up. The good news is that 2012 continues to modestly outperform 2011 on a year-to-date basis.

The monthly changes for Texas ports were a mixed bag ranging from Brownsville’s decrease of 24% to Texas City’s robust increase of 17.5%. Brownsville’s performance remains up nearly 18% for the year and Texas City’s annualized running total is up almost 1% - no doubt October’s performance played a significant role in pushing the port 30

Port Bureau News / December 2012

Port Watch - Tom Marian, Buffalo Marine Service

into positive territory. To the north of Brownsville, Corpus Christi tied its second-best-month vessel arrival tally; however, since the previous month saw the same number of arrivals, there was no monthly change.

This certainly contributed to the port being 9% above 2011’s vessel arrival figures. Freeport also matched its second-best month resulting in a 9% improvement over September. Yet, it remains nearly 10% off for the year.

The final major port that had positive monthly numbers was Sabine at 7.5%. This was with its best monthly showing and undoubtedly nudged the port into the plus side by .4% for 2012. The port of Galveston was off nearly 16% for the month and remains 5.6% below last year’s totals.

Vessel arrivals in Houston from September to Octo-

ber were off by 3.5% but the nation’s largest export port still outpaced its 2011 numbers by 2.6%. The breakdown of the 694 vessels that called upon Houston in October ran the gamut with bulkers remaining flat for both the month and the year as compared to general cargo’s monthly and annual increases of 8.5% and 7.4% respectively. Chemical tankers racked up a negative monthly change of 16.6% but still dominates all categories on a year-to-date basis with a 81.5% increase. Container vessels continued its slid from September by another 7% and is now almost 2% below 2011’s count. Four additional car carriers arrived in Houston resulting in a 9.5% uptick for the month and a very impressive 36% for the year. Ro/ Ro vessel activity mirrored last year’s performance as 2 fewer vessels steamed into Houston. Energy-wise, as the crude flow into Houston continues to lag against 2011’s figures – down more than 3% for the month and almost 20% for the year – LPG continues to enjoy a stellar year with 15% more transits than 2011 and over 16% in the last month.

Overall, general commerce has been solid for the year as further typified by tow movements on both the inland waterways and offshore.

Specifically, the former chalked up a monthly increase of 3.8% and the latter – in Houston at least – 9.5%.

On the year-to-date front, inland tows are 4.4% higher and the offshore tows requiring pilotage have increased by 19.5%. Nevertheless, there are potential problems on the horizon which could drive 2013 into a negative trade environment; particularly with a second dose of the current administration. These issues

range from an oppressive regulatory environment which hamstrings fracking; weak global demand for exports precipitated by a zero-growth setting in Europe and infirm growth in China; and lack of water in the middle Mississippi River due to water flow restrictions imposed by the Army Corps of Engineers. Hopefully,

the aforementioned factors and an obstinate administration under the impression that it possesses a mandate to lurch the country further to the left will not gut a fragile economy and jettison the principles that undergird the world’s largest economy.

-T. Marian, Buffalo Marine Service

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