An Unlicensed MMS Engineer and The Gulf Disaster

We Don't Need No Stinking License

By: Larry Walker, Jr.

Frank Patton is the name of the unlicensed Minerals Management Service (MMS) Engineer who approved the Deepwater Horizon Disaster. No, that’s not his picture to the left. That’s another matter for another day.

Funny, but I can’t find Tony Hayward’s name on any of those, smoking gun, internal emails being touted around by the House Oversight and Investigations Subcommittee, but I do see Frank Patton’s name. Yep, on April 16, 2010 – ‘Approved By’ – Frank Patton.

From the trial (or hearing) the other day, you would think it was Congress’ job to oversee and investigate private businesses. I somehow don’t think that was part of the original plan. What I would like to see is a subcommittee investigating why federal workers are not required to maintain credentials equal to, or greater than, those whom they regulate.

Who’s regulating the regulators? Unlicensed engineers are approving plans submitted by licensed engineers. When are we going to have a trial about stuff that really matters?

According to licensed Professional Engineer (PE), and whistleblower, Joe Carlson, the Minerals Management Service (MMS), just as other federal agencies, does not require their Engineers to be professionally licensed. Instead, federal agencies have invoked a special ‘exemption’ whereby unlicensed federal workers are above reproach. In other words, “We don’t need no stinking license.” You’ve got to be kidding me!

As one who holds two professional licenses (not in engineering), each with its own rigorous set of ongoing requirements, I have nothing but contempt for the federal government, the Congress, and our feckless POTUS, in this matter. There are no excuses. How is an unlicensed ‘engineer’ supposed to have the ability, training, and the professional integrity to review and approve plans designed by professionally licensed engineers?

What’s worse is the fact that Frank Patton can’t be blamed, fired, reprimanded or fined. Why not, you say? Because, remember, Frank Patton is not even licensed. But Congress can go around blaming Tony Hayward, who is also not licensed, and whose name is curiously not found on any of those damning internal emails. I do however see the names: Brian Morel, Mark Hafle, and Richard Miller. Perhaps they are licensed and should be brought up on charges by the appropriate engineering licensing board. And as for Frank Patton, I just wonder how many safety awards are hanging in his office?

Following are a few excerpts from Joe Carlson:

Frank Patton is the unlicensed MMS engineer who approved the BP drilling plan. During his May 11, 2010 testimony (see pages 252-314) to the Deepwater Horizon Joint Investigation, he admitted, (see pages 274-76), that he failed to ensure the BP Drilling Plan complied with federal regulation at 30 C.F.R. §250.416(e), because it did not contain the required information about the design and performance adequacy of the blow-out preventer. The New Orleans Times-Picayune, which live-blogged the hearing, described his testimony here.

If MMS required its engineers to be PE’s, then Mr. Patton would have been required to “blow whistles,” publicly if necessary, to prevent BP’s inadequate drilling plan from being approved. This could well have resulted in his being fired or otherwise discriminated against at MMS, given widespread, longstanding, MMS corruption. However, had MMS required Mr. Patton to be a PE, then anyone could now file a professional misconduct complaint against him with the Louisiana Professional Engineering Licensing Board, for his professional negligence/incompetence in approving a plan that failed to comply with federal regulation. If he lost his PE license as a result, then MMS could fire him. If he had been a PE, Frank Patton would have made sure the BP drilling plan contained the required information about its blowout preventer and perhaps this unprecedented disaster is averted….

The federal government has a duty to protect American health and safety, at work and elsewhere, including our environment. PE’s, by law, must “hold paramount the health, safety and welfare of the public in the performance of professional duty.” That federal agencies exempt their engineers from having the legal obligations of PE’s is nonsensical and a contributing cause to the Gulf disaster and many other accidents and disasters, such as the recent Upper Big Branch mine disaster which killed 29 in West Virginia.

Here is a formula we can all live with:

Federal PE licensure + reformed federal whistleblower protection = much improved workplace and public health and safety in America.

Read More at the Source: Whistleblowers Protection Blog

Keeping Up with the Jones Act | Deroy Murdock

National Review Online contributing editor Deroy Murdock is a nationally syndicated columnist with the Scripps Howard News Service. His column, “This Opinion Just In…,” frequently appears in the New York Post, Washington Times, and Orange County Register, among some 400 U.S. newspapers he reaches weekly.

This is a great article and I thought it to be worthy of referencing in full. Please read it and pass it on to your friends. It seems to me that Obama messed up, badly, and now it’s too late for him to admit that by waiving the Jones Act, so now all the White House can do is keep their fingers crossed, and cover their asses. Well, that’s just unacceptable. Heads are gonna roll, and by that, I mean heads in Washington, DC, not at BP.

Keeping Up with the Jones Act

An old, protectionist chestnut is devastating the Gulf Coast.

As a self-proclaimed “citizen of the world,” Pres. Barack Obama should have welcomed rather than spurned international assistance to prevent BP’s underwater oil geyser from wrecking the Gulf Coast. But spurn he did. Obama’s failure to waive the Jones Act still maintains a sea wall that blocks potentially helpful foreign ships from this tear-inducing mess.

The 1920 Jones Act requires that vessels operating in American waters be built, owned, and manned by Americans. Some U.S. ship owners love this protectionist measure. So do maritime labor unions. When it comes to confronting unions, Obama rarely crosses that line.

On April 20, the Deepwater Horizon exploded, killed eleven oil-rig workers, and began gushing perhaps 60,000 barrels of petroleum into the Gulf of Mexico daily. Three days later, the Dutch offered to sail to the rescue on ships bedecked with oil-skimming booms. They also had a plan for erecting protective sand barricades.

“The embassy got a nice letter from the administration that said, ‘Thanks, but no thanks,’” Dutch consul general Geert Visser told the Houston Chronicle’s Loren Steffy. “What’s wrong with accepting outside help?” Visser wondered. “If there’s a country that’s experienced with building dikes and managing water, it’s the Netherlands.”

Had those Dutch ships departed for the Gulf nearly two months ago, who knows how much oil they already would have absorbed and how many pelicans now would soar rather than soak in soapy water while wildlife experts clean their wings.

After initially refusing to name them, the State Department on May 5 declared that Canada, Croatia, France, Germany, Holland, Ireland, Mexico, Norway, Romania, South Korea, Spain, Sweden, the U.K., and the U.N. had offered skimmer boats and other assets and experts to prevent the oil from destroying dolphins, crabs, oysters, and this disaster’s other defenseless victims.

Alas, they were turned away.

“While there is no need right now that the U.S. cannot meet,” stated a State Department statement, “the U.S. Coast Guard is assessing these offers of assistance to see if there will be something which we will need in the near future.” Foreign Policy’s Josh Rogin translated this into plain English: “The current message to foreign governments is: Thanks but no thanks, we’ve got it covered.”

Had Obama instead waived the Jones Act via executive order — as did Pres. George W. Bush three days after Hurricane Katrina — that S.O.S. would have summoned a global armada of mercy. Who knows how many fishing, shrimping, and seafood-processing jobs this would have saved? Instead, thousands of Gulf Coast workers will endure a long march from dormant docks to bustling unemployment lines.

Even now, Obama could invite the world to send boats to clean the waters off Louisiana, Mississippi, Alabama, Florida, and (potentially) the Carolinas and points north, if this mass of oil (so far, roughly equal to 13 Exxon Valdez oil spills) seeps into the Loop Current, swerves around Key West, slips into the Gulf Stream, and slides up the Eastern Seaboard.“

If there is the need for any type of waiver, that would obviously be granted,” White House spokesman Robert Gibbs promised on June 10. “But, we’ve not had that problem thus far in the Gulf.

”Problem? What problem?

The Jones Act sometimes gets waived. As Fox News Channel’s Brian Wilson reported on June 11: “According to a news article in Tradewinds Magazine, a US Customs official ruled recently that the Jones Act does not apply to foreign owned vessels installing wind turbines off the coast of Delaware.”

Meanwhile, as Obama respected this old, protectionist chestnut and its Big Labor beneficiaries, he had lots on his mind. As a GOP Internet ad devastatingly details, between Day One and Day 58 of this catastrophe, Obama met with Bono, rocked out with Sir Paul McCartney, and played six rounds of golf, among many other diversions. Yet Obama did not speak directly with BP CEO Tony Hayward until June 16.

Watching Obama’s Tuesday night Oval Office address, BP brass must have been startled to hear the president say: “I will meet with the chairman of BP and inform him that he is to set aside whatever resources are required to compensate the workers and business owners who have been harmed as a result of his company’s recklessness.”

Should BP pay, and pay big? Yes.

Reckless? BP sure seems so.

But since when does the American president “inform” executives that they must devote billions to any cause, no matter how worthy? Isn’t this why Congress passes legislation and courts administer justice?

So, while a pro-labor trade barrier traps potentially helpful boats in overseas ports, due process withers under presidential diktat.

And the crude oil keeps on flowing.

Source: Deroy Murdock, National Review, June 18, 2010 12:00 A.M.