Court filing
Attachment C — USA v. McCabe (Dkt. 28.3)
Filed December 30, 2024 in USA v. McCabe; one of 219 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-12-30 |
U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 28-3 · 2024-12-30 · Docket on CourtListener
Full text
Vessel Information: Vessel Name: Call Sign: Current Flag / Flag At Time Of Activity: SALTY TOO WDB3099 UNITED STATES / UNITED STATES Classification: Primary VIN: Length: Passenger Ship - Diving Vessel (Recreational) - General (More Than 6, Gross Tonnage < 100) 974207 29.0 ITC/Convention (Subpart B): Regulatory (Subpart C or D): Year Completed: 1991 Engine Compartment In An Open Space: Fuel Compartment In An Open Space: Vessel Constructed Of All Open Spaces: No No No Propulsion System Type: Diesel Reduction Vessel Associated Parties: Name: Type: Role: SALTY DIVERS LLC Organization Managing Owner Address: 1812 18TH LANE PALM BEACH GARDENS, FLORIDA 33418 Name: Type: Role: SALTY DIVERS LLC Organization Operator (managing) Address: 1812 18TH LANE PALM BEACH GARDENS, FLORIDA 33418 Inspection Results: System: Inspection Results: Date: 01 - Certificates & Documentation Inspected Satisfactory 30APR2019 02 - Structural Conditions Inspected With Deficiencies Noted 24APR2019 03 - Water/Weathertight Conditions Inspected With Deficiencies Noted 24APR2019 04 - Emergency Systems Inspected Satisfactory 03MAY2019 05 - Radio Communications Inspected Satisfactory 03MAY2019 07 - Fire Safety Inspected Satisfactory 03MAY2019 08 - Alarms Inspected With Deficiencies Noted 24APR2019 09 - Working and Living Conditions Inspected Satisfactory 03MAY2019 10 - Safety of Navigation Inspected Satisfactory 03MAY2019 11 - Life Saving Appliances Inspected With Deficiencies Noted 24APR2019 13 - Propulsion and Auxiliary Machinery Inspected Satisfactory 03MAY2019 Activity Summary Report MISLE Activity ID: 6669159 Activity Type: Vessel Inspection Title/Description: Annual Status: Closed - Approved Inspection Point Of Contact: Dustin: 561-232-8291 Owning Unit: Marine Safety Unit Lake Worth Originating Unit: Marine Safety Unit Lake Worth Start Date/Time: 24APR2019 12:57Z Prompt Date: Team Lead: GOODMAN, SEAN T. MCCABE_003180 Attachment C Case 9:24-cr-80103-AMC Document 28-3 Entered on FLSD Docket 12/30/2024 Page 1 of 5 14 - Pollution Prevention Inspected Satisfactory 03MAY2019 Deficiencies: Item Number: Due Date: Extended Due Date: 1 18JUN2019 Issued Date: Resolved Date: 30APR2019 24JAN2020 System: Subsystem: Component: 02 - Structural Conditions N/A - No Subsystem 02117 - Decks - corrosion Action: Action Code: ACS/RO/TPO Finding Number: 705 - Other - as specified c - To the satisfaction of the Coast Guard o Not Available For Inspection o Security Violation o Worklist Item/Do Not Show In PSIX o SMS Related/Objective Evidence For MSO o Self Reported o Reported Via PR17 o Refer To ACS/RO/TPO o ACS/RO/TPO Associated o Accepted As Condition Of ACS/TPO Description: Found soft spots in flying bridge deck. Make repairs to the satisfactory of attending marine inspector. 46 CFR 176.610 Temporary repairs made; make permanent repairs at dry-dock. Resolution: Item Number: Due Date: Extended Due Date: 2 03MAY2019 Issued Date: Resolved Date: 30APR2019 03MAY2019 System: Subsystem: Component: 11 - Life Saving Appliances N/A - No Subsystem 11118 - Lifejackets incl. provision and disposition Action: Action Code: ACS/RO/TPO Finding Number: 705 - Other - as specified c - To the satisfaction of the Coast Guard o Not Available For Inspection o Security Violation Worklist Item/Do Not Show In PSIX o SMS Related/Objective Evidence For MSO o Self Reported o Reported Via PR17 o Refer To ACS/RO/TPO o ACS/RO/TPO Associated o Accepted As Condition Of ACS/TPO Description: Seal, re-label and put new retro-reflective tape on life jackets. Resolution: Life jackets SAT. Item Number: Due Date: Extended Due Date: 3 03MAY2019 Issued Date: Resolved Date: 30APR2019 03MAY2019 System: Subsystem: Component: 08 - Alarms N/A - No Subsystem 08199 - Other (alarms) Action: Action Code: ACS/RO/TPO Finding Number: 705 - Other - as specified c - To the satisfaction of the Coast Guard o Not Available For Inspection o Security Violation Worklist Item/Do Not Show In PSIX o SMS Related/Objective Evidence For MSO o Self Reported o Reported Via PR17 o Refer To ACS/RO/TPO o ACS/RO/TPO Associated o Accepted As Condition Of ACS/TPO Description: Make bilge visual high level alarms energize only when on the space of high water. Resolution: Alarms SAT. Item Number: Due Date: Extended Due Date: 4 03JUN2019 Issued Date: Resolved Date: 03MAY2019 11JUL2019 System: Subsystem: Component: 03 - Water/Weathertight Conditions N/A - No Subsystem 03103 - Railing, gangway, walkway and means for safe passage Action: Action Code: ACS/RO/TPO Finding Number: 50 - Rectify deficiencies w/in 30 days c - To the satisfaction of the Coast Guard o Not Available For Inspection o Security Violation o Worklist Item/Do Not Show In PSIX o SMS Related/Objective Evidence For MSO o Self Reported o Reported Via PR17 o Refer To ACS/RO/TPO o ACS/RO/TPO Associated o Accepted As Condition Of ACS/TPO Description: MCCABE_003181 Case 9:24-cr-80103-AMC Document 28-3 Entered on FLSD Docket 12/30/2024 Page 2 of 5 Narrative: 30APR19 VESSEL NAME: SEA SCOUT OFFICIAL #: 974207 GROSS TONS: 12 LOA: 29 ft HULL & TYPE: Monohull, FRP YEAR BUILT: 1991 AMOUNT OF PASSENGERS: 14 ROUTE: LBS plus Limited Coastwise INSPECTION TYPE: Annual VESSEL REPRESENTATIVE: Dustin McCabe Conducted thorough review of MISLE and vessel’s file prior to inspection. Contacted vessel rep to schedule inspection due to inspection due date being 1 week away. There are no outstanding requirements from previous inspections and no special notes specific to this inspection. This inspection was conducted using the CG-840 book as a guide. Attended vessel moored at North Palm Beach Marina, North Palm Beach, FL, for the purpose of conducting a annual inspection. Met with vessel representative to discuss the scope of the inspection. Deckhand was not present and fire service company is scheduled to service equipment on Friday, May 3rd. Went through paperwork and did a walk around of vessel. Work list items given to O/O. One deficiency issued for repairing flying bridge deck where soft spots were found. No passengers are allowed on flying bridge. Inspection will be completed on Friday, May 3rd. //s// S. T. Goodman, CWO, USCG Marine Inspector 03MAY19: Attended vessel to complete annual inspection. HULL & STRUCTURAL INTEGRITY Entered all accessible internal voids and visually examined outer hull to the waterline to inspect for damage and unauthorized repairs. Inspected all rails. Flying bridge deck has soft spots at operator's station. Deck to be repaired to ensure vessel operator can safely operate vessel. No rail courses at port, starboard and transom embarkation stations. Install rail course or equivalent. MACHINERY Operationally tested propulsion machinery. Exercised vessel's power and portable bilge pumps, high water alarms and emergency fuel shut off valves. Vessel has two spaces with high level alarms. Both visual alarms light up when either alarm is actuated. Make visual alarms actuate for only the space it represents. ELECTRICAL EQUIPMENT Examined vessel's batteries and wiring. No discrepancies noted. LIFESAVING EQUIPMENT Examined all lifesaving appliances & PFDs. Life jackets have cracks, need labeling and need new retro-reflective tape. These defs were cleared. FIRE PROTECTION Examined portable firefighting equipment and examined service report proving a satisfactory operational test of vessel's fixed fire extinguishing system alarms and shutdowns. No discrepancies noted. STEERING Steering system is hydraulic. Conducted satisfactory operational test of bridge steering stations. Examined the entire system while exercising the helm. All fittings and hoses are found in good condition and free from leaks. Examined emergency tiller and connection; all satisfactory. LICENSE, DOCUMENTS, & CERTIFICATES Examined all vessel documents, captain licenses, certificates, proof of compliance with random drug testing as well as marine employer's drug testing program and training records. No discrepancies noted. NAVIGATION SAFETY Tested VHF radio. Energized all navigation lights and inspected magnetic compass, signaling devices and navigation publications. No discrepancies noted. POLLUTION PREVENTION Examine Oil Placard, MARPOL Placard. No discrepancies noted. GROUND TACKLE Visually inspected vessels anchor, chain and line with no discrepancies noted. GENERAL HEALTH AND SAFETY Inspected vessels first-aid kit and logs. No discrepancies noted. Install rail courses or equivalent at port, starboard and transom embarkation stations. 46 CFR 177.900 Resolution: Rail equivalent installed. MCCABE_003182 Case 9:24-cr-80103-AMC Document 28-3 Entered on FLSD Docket 12/30/2024 Page 3 of 5 DRILLS: Conducted man overboard drill; direct pick up SAT. Discussed fire drill, abandon ship and requirements of reporting serious marine incidents. No discrepancies noted. COMMENTS: CG-835V issued for 2 requirements. In my opinion, vessel is found fit for route and service as indicated on the Certificate of Inspection, at the time of inspection. Endorsed COI. Inspection continues. //s// S. T. Goodman, CWO, USCG Marine Inspector 11JUN19: Contacted vessel rep regarding deficiencies that are past due. Vessel rep stated he did not correct defs due to weather and his business. He also stated he thought this was unfair because he believes there's a similar issue with another inspected boat. Sent new CG-835 to vessel rep preventing operation of vessel with passengers until def corrected. Also sent phone text to vessel owner informing him of control action. Vessel owner responded. Operational control issued. Vessel owner not happy about deficiency. Discussed appeal process with owner. Supervisor and CID informed. 13JUN19: Attended vessel with LT Mosquera to check temporary repair on flying bridge soft deck area. Owner installed 1/4" Coosa Bluewater 26 Series Composite Board over soft areas with layers of glass and resin to provide sufficient support until permanent repairs are made. If temporary repairs are deemed SAT, permanent repairs to be made at DD. Vessel owner stated he plans to start laying glass Tuesday, June 18th; timeframe satisfactory. Instructed owner to contact myself on Tuesday to confirm/deny beginning repairs. Removed operational control; deficiency remains open. //s// S. T. Goodman, CWO, USCG Marine Inspector 26JUN19: Attended vessel to examine repairs to flying bridge deck. Two layers of glass laid; one more layer to be laid. 11JUL19: Attended vessel to examine repairs; flying bridge deck temporary repairs SAT. 4 layers of glass laid. In my opinion the temporary repair is safe for operator and passengers, but permanent repairs will be required at next dry-dock. Deficiency will remain open to make permanent repairs to flying bridge deck. 1 def remains open. Inspection and activity complete. //s// S. T. Goodman, CWO, USCG Marine Inspector Inspection Details Inspection Type: Date: Unit: Annual Inspection 30APR2019 Marine Safety Unit Lake Worth Inspection Type: Date: Unit: Annual Inspection 03MAY2019 Marine Safety Unit Lake Worth Inspection Type: Date: Unit: Deficiency Check 13JUN2019 Marine Safety Unit Lake Worth Inspection Type: Date: Unit: Administrative Inspection 11JUN2019 Marine Safety Unit Lake Worth Inspection Type: Date: Unit: Deficiency Check 26JUN2019 Marine Safety Unit Lake Worth Inspection Type: Date: Unit: Deficiency Check 11JUL2019 Marine Safety Unit Lake Worth Streamlined Inspection Program (SIP) Summary: Vessel Name: SALTY TOO Company Name: PHASE I Inspector Comments: PHASE II MCCABE_003183 Case 9:24-cr-80103-AMC Document 28-3 Entered on FLSD Docket 12/30/2024 Page 4 of 5 Inspector Comments: PHASE III Inspector Comments: PHASE IV Inspector Comments: Location(s): Latitude: Longitude: Recorded Date/Time: Description: 26°49.7 N 080°03.5 W 30APR2019 10:08Z North Palm Beach Marina, North Palm Beach, FL Associated Parties: (None) TWIC Details: Worker Type: Checked: Compliant: Noncompliant: Remarks: Licensed Mariner 0 0 0 Radiation Details: Radiation: No Radiation Detected Log: Effective Date: Description/New Value: Logged By Unit: Logged By: 11JUL2019 Closed Date: 7/11/2019 1:54:20 PM Marine Safety Unit Lake Worth Goodman, Sean T 11JUN2019 Imposed Date: 6/11/2019 1:58:00 PM Marine Safety Unit Lake Worth Goodman, Sean T 24APR2019 Involved Personnel Point Of Contact: No Marine Safety Unit Lake Worth Goodman, Sean T 13JUN2019 Involved Personnel Point Of Contact: No Marine Safety Unit Lake Worth Goodman, Sean T 24APR2019 Owning Unit: Marine Safety Detachment Lake Worth Marine Safety Unit Lake Worth Goodman, Sean T 24APR2019 Point Of Contact: Dustin: 561-232-8291 Marine Safety Unit Lake Worth Goodman, Sean T 13JUN2019 Removed Date: 6/13/2019 9:12:00 AM Marine Safety Unit Lake Worth Goodman, Sean T 24APR2019 Start Date: 4/24/2019 12:57:23 PM Marine Safety Unit Lake Worth Goodman, Sean T 11JUL2019 Status/Subtype: Closed/Approved Inspection Marine Safety Unit Lake Worth Goodman, Sean T 24APR2019 Status/Subtype: Open/In Progress Marine Safety Unit Lake Worth Goodman, Sean T 24APR2019 Title: Annual Marine Safety Unit Lake Worth Goodman, Sean T 24APR2019 Vessel: SEA SCOUT Marine Safety Unit Lake Worth Goodman, Sean T Documents: (None) Certificates: Name: Type: Description: COI - Amended 11Jul2019 Certificate of Inspection - Amended Owning Unit: Status: Issued Date: Expired Date: Marine Safety Unit Lake Worth EXPIRED 04FEB2015 04FEB2020 Operational Controls: Category Type: Reason: Control Type: Safety Identified Hazardous/Unsafe Condition Operations Restricted Agency Jurisdiction: Date Imposed: Date Removed: US Coast Guard 11JUN2019 13JUN2019 Restriction: Description: MCCABE_003184 Case 9:24-cr-80103-AMC Document 28-3 Entered on FLSD Docket 12/30/2024 Page 5 of 5
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