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Home My WebLink About20071105 - VI-03VI-3 MEMORANDUM TO: Honorable Mayor and City Councilmembers FROM: Dave Osberg, City Administrator DATE: November 1, 2007 SUBJECT: Resolution-Support of Delta Queen Recommended City Council Action It is recommended that the City Council take action approving the enclosed Resolution; Urging Congress to Provide for the Permanent Exemption of the Steamer Delta Queen from the Provisions of the Safety of Life at Sea Act of 1966. Background Several weeks ago, the City received the attached letter encouraging the City Council to support the permanent exemption of the Delta Queen from the regulations of the Safety of Life at Sea Act of 1966. I have also attached some information that was gathered from the Internet, which addresses further the Safety of Life at Sea Act and its impact on the Delta Queen. Without the exemption to the Safety of Life at Sea Act, it would seem apparent that the Delta Queen would no longer being able navigate throughout the Mississippi River. Should the City Council approve the Resolution, it will be forwarded A RESOLUTION Of the City Council of Hastings, Minnesota Urging Congress to Provide for the Permanent Exemption of the Steamer Delta Queen from the Provisions of the Safety of Life at Sea Act of 1966 WHEREAS the Delta Queen is a living connection to the culture and history of the Mississippi River and all of its tributaries; and WHEREAS this steamboat is a national treasure listed on the National Register of Historic Places and designated a National Historic Landmark; and WHEREAS the vessel is an original and the last of her kind, the culmination of the art of steamboat craftsmen, an authentic sternwheel overnight passenger steamboat like those that helped foster the growth and settlement of our nation; and WHEREAS the Delta Queen has operated safely for eighty years (the last thirty-seven of those under extensions previously granted by Congress) and has been updated with fire detection and suppression equipment in addition to her extensive sprinkler system in all public and passenger spaces, has had all her wooden surfaces coated throughout with NASA-developed fire-resistant paint, is patrolled every twenty minutes at night by fire watchmen, has a crew trained and drilled regularly in emergency evacuation procedures, and is regularly inspected each year by the United States Coast Guard; and WHEREAS the Safety at Sea Act was written to apply to ocean-going vessels whose routes are remote from land and from other vessels, while the Delta Queen can be safely landed within minutes over the entire route she traverses; and WHEREAS the steamboat contributes to the economy of the river communities where she is based and where she makes shore stops through the goods and services purchased by her passengers and crew, by the company which owns the vessel, and by the third party businesses which provide the boat and her passengers with amenities and services; and WHEREAS our nation would suffer an irreparable loss if her operation were suspended, thereby depriving the traveling public the opportunity to enjoy this uniquely American river steamboat experience in current and future generations; and WHEREAS the very existence of the Delta Queen is now threatened with the expiration of her exemption from the Safer}, ~ ~ Act in November 2008: NOW 'rHEEREFORE, gE ~ RESOLD ~~ the City Council of the City of Hastings e~r~courdge the C:o-ngress of the United States to act with all due haste and foresight to provide for the permanent exemption of this magnificent and historic vessel from the provisions of the Safety at Sea Act, Adopted by the City Council This 5~' Day of November, 2007. Ayes: Nays; Absent: Paul Hicks, Mayor Melanie Mesko Lee, City Clerk -SEAL- Mail 2293 2115 Summit Avenue Saint Paul, MN 55105 October 1, 2007 Hastings City Council Hastings City Hall 101 4~' Street East Hastings, MN 55033 Dear Hastings City Council: The city of Hastings has a long and rich history which is intima#ely connected to the Mississippi River. This river, its people, and the boats which have plied these waters have played a vital part in the development of Hastings over the years, and they will continue to do so into the future. Unfortunately, a vital link in this river connection is being threatened with extinction in November 2008. The Delta Queen, America's last classic, authentic overnight passenger sternwheel steamboat, which has operated safely and successfully for eighty years on rivers in America's heartland and on rivers in California, will be required to cease operation when her current exemption from the 1966 Safety at Sea Law expires next year. This law contains provisions, originally drafted for American vessels carrying fifty or more overnight passengers, to be of fireproof construction throughout, a law which was designed for ocean-going vessels, and which unknowingly caught the Delta Queen simply because she was the sole overnight passenger vessel remaining on America's rivers. Recognizing the unique nature of both the boat and her operation, Congress authorized exemptions for the Delta Queen from the provisions of that law, in part due to the groundswell of public support for the boat back in 1970. This historic vessel, one-of-a-kind, and a national treasure, has been operating under Congressional extensions since that time. The current Congress, however, seems inclined to grant no future extensions. It should be emphasized here that the vessel has been renovated and updated over those years to make her as safe as it is possible to make her while maintaining her traditional design. ~ Although she has a double steel hull, her upper decks are crafted of oak, cedar, teak, and mahogany. Contrary to the opinion of some uninformed observers however, the boat is not a "firetrap", but has been updated with safeguards, equipment, special coatings, and on-going crew training and inspection by government officials. To outlaw the operation of this historic, living link to the great steamboats which helped settle this part of our nation and your city, would be an irreparable loss. As a result, concerned citizens and friends of the Delta Queen are once more asking for help in the boat's hour of need. Attached is a resolution which we submit for your consideration, endorsement and forwarding to the Congressional de ~o~ n~ OC T 0 3 2007 -2- Minnesota. Once this vessel is gone, we will not see her likes again. And so we must act white time yet_remains to forestall this loss of a priceless piece of our river legacy. Thank you for your consideration and support, not only on behalf of this generation of Americans who live along the banks of #his great river, but for future generations as well. if you have any questions, please feel free to contact me, or visit the website at www.steamboats.org #or additional information. Sincerely, ~~ Jonathan D. Tschiggfrie {jdtschiggfri@stthomas.edu) Enclosure (1) What is Safety of Life at Sea (SOLAS)? o October 2007 o September 2007 o August 2007 . RSS & Admin o Login o Entries RSS What is_Safet~_of Life_at Sea_~S__OLAS)? Aug 4, 2007 Page 2 of 4 There is much discussion about SOLAS, so I did some research to find out what exactly it is. SOLAS describes. two different regulations -one is the "International Convention for Safety of Life at Sea", the other is the Public Law 89-777 from 1966, popular name: "Safety at Sea Act" or "Safety of Life at Sea Act". The international convention called SOLAS applies only to ships engaged on international voyages. That means, the Delta Queen is not directly effected by this. What effects the Delta Queen though is the Safety at Sea Act (P.L. 89-777). P.L. 89-777 includes that passenger vessels "having berth or stateroom accomodations for 50 or more passengers" have to be compliant with the SOLAS regulations of 1960 and some ammendments. (Thanks very much to the National Mississippi River Museum and Aquarium and Dubuque County Historical Society for sending us a copy of P.L. 89-777). The DQ was granted atwo-years delay in enactment in an amendment directly to this law, and again a two-years delay was issued in 1968. 1970 was the year of the first big "Save the Delta Queen" campaign. Despite all efforts (see steamboats,com_ for details) the campaign almost failed. Eventually the Delta Queen got a new 3-years exemption. After that an exemption was re-issued several times, including the exemption that is now expiring in November 2008. International Convention SOLAS The "International Convention for Safety of Life at Sea" exists already since 1914. This first version was passed in response to the Titanic disaster in 1912. Since then there had been several versions and since 1948 the International Maritime Organization (IMO) develops and maintains SOLAS. The relevant version for the Delta Queen was adopted in 1960 and entered into force in 1965. An amendment from 1966, which is referred to in the Safety at Sea Act P.L.89-777, deals with special fire safety measures. The actual version or SOLAS, dating back to 1974, came into effect in May 1980 (full text: www.austlii.edu,au/au/other/dfat/treaties/198_3/22,html). What seams to be important for the Delta Queen is that only since the 1974 SOLAS the convention is being extended and altered by amendments, not new versions. A more detailed history of SOLAS can be found on the Metal Safe Sign Int. website. SOLAS 1974 is special because its regulations can become national law without ever passing the US Congress or the desk of the President. It's based on a so called "tacit acceptance" which means if a country doesn't contradict within a given time frame it comes into effect automatically. This is a very interesting procedure, being more and more used for international treaties to speed up the process as it forces countries to act instead of waiting decades until the last of the member countries' parliament has taken care of a treaty to come into effect. Florida based maritime attorney Rod Sullivan is discussing this issue more in detail in his blog entry The IMO and the.,,"Tacit AcceRtance Procedure" . http://www.save-the-delta-queen.org/what-is-safety-of-life-at-sea-Bolas/ 10/26/2007 What is Safety of Life at Sea (BOLAS)? Page 3 of 4 SOLAS 2010, effecting many of the older cruise ships, consists of some amendments made in 2006, going into effect on July 1, 2010. They contain new and stricter safety regulations especially for passenger vessels. (Revised passenger ship safety standards and others). One Response to "What is Safety of Life at Sea (BOLAS)?" 1. Charles Greene Says: October 15th, 2007 at 11.44 nm What precisely is "restricted use" when referring to combustible materials? Nowhere do I see an explicit forbidding of the use of wood in a superstructure. Virtually anything is combustible under the right conditions. (e.g. 9-11) At some point common sense needs to put the bureaucrats in their place. Below is from SOLAS 1974" "Chapter II-2 -Fire protection, fire detection and fire extinction Includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo ships and tankers. "They include the following principles: division of the ship into main and vertical zones by thermal and structural boundaries; separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries; restricted use of combustible materials; detection of any fire in the zone of origin; containment and extinction of any fire in the space of origin; protection of the means of escape or of access for fire-fighting purposes; ready availability of fire- extinguishing appliances; minimization of the possibility of ignition of flammable cargo vapour." Leave a ilZeply ~- Name (required) - Mail (will not be published) (required) Website ~- Spam protection: Sum of 3 + 13 ? Submit Comment http:/Iwww.save-the-delta-queen.org/what-is-safety-of-life-at-sea-sofas/ 10/26/2007 Save the steamboat Delta Queen ~ a private initiative to support this historic landmark Page 2 of 8 o October 200_7 o September 2007 o August 2007 • RSS & Admin o Login o Entries RSS New. York _Times~ International Herald Tribune about the_Delta Queen oct 2s, 2007 Sean Hamill has published a wonderful article about the Delta Queen and the Save the Delta Queen Campaign in The New York Times ("A Ri_v_erboat_Could Be_Cruisin~_to the End of_the Line") which also showed up worldwide in the International Herald Tribune. The beautiful pictures in the article are from Nicole Bengiveno and where taken especially for this article just a few weeks ago when the Delta Queen cruised the Cumberland River. The author of the Article, Sean Hamill, lives in Pittsburgh, PA, and grew up along the Ohio River, knowing the Delta Queen since he was a kid. He sums up the actual situation perfectly and I like the positive attitude of the article -other than a relatively pessimistic article by Jane Engle in the Los An~eles.Times which of course is great anyway as it at least raises attention to their readers but doesn't help much in supporting the Save the Delta Queen campaign directly. Sean, I love your very positive article in the New York Times! Another very positive turn comes from Majestic America Line: According to Modern Agent Ambassador's vice president-corporate development, Joseph McCarthy, said they are now "100 percent supportive and will do whatever we can to get it [the exemption bill] through." My comment: That's wonderful, no matter whether Majestic America Line officials really have changed their minds or whether trey just recognized that the campaign is gaining enough momentum to possible being successful and Majestic America Line might suffer from not supporting the campaign. As soon as the DQ's owner really supports the efforts to get the exemption and is giving up its dormant and passive position, this alone helps tremendously. 2 Comments » "Save_the Delta Queen" Press _Conference_in Cincinnati,_Oct_26 Oct 23, 2007 There will be a PRESS CONFERNECE in Cincinnati on Friday, October 26th, at the Steam boat Park, by the Big Paddlewheel, with U.S. Rep. Steve Chabot, of Ohio, at 12:30 PM. Anyone knowing ANYONE in Cincinnati, ask them to show up with a home made sign to Save the Delta Queen, or We Support Cincinnati's Delta Queen, or other positive signs to let people know we havea lot of support to Save The Delta Queen. http://www.save-the-delta-queen.org/ 10/26/2007 Save the steamboat Delta Queen J a private initiative to support this historic landmark Page 3 of 8 Please caly the mayors around Cincinnati, and ask them to call their local Radio Stations, and ask people to show up. You can also call to radion Stations yourself. This will be the first BIG KICKOFF to get National Publicity .This meeting will have feeds to the National Television Staitions and get the coverage we desperately need. PLEASE, PLEASE, PLEASE, put on your thinking cap, and think of any and everyone you know in Cincinnati, or across the River in Kentucky and urge them to show up. We need 1,000 or more people. Stand alone bill in favor of the Delta ueen is on its wad! oct 1 s, 2007 2 Comments » There is great news: As reported by Nori Muster's "Lastest News" page, Congressman Steve Chabot of Ohio has introduced a stand alone bill to sav_e_the Delta Queen -that is, granting her a new exemption fom the Safety at Sea Act. Co-Sponsors of the bill are, so far: Representatives W. Todd Akin (MO), Richard H. Baker (LA), Marsha Blackburn {TN), Wm. Lacy Clay (MO), Jo Ann Emerson (MO), Kenny C. Hulshof (MO), Ron Kind (WI), Jean Schmidt (OH), Timothy J. Waltz (MN), Zach Wamp (TN), Ed Whitfield (KY). Now is the big moment where the efforts of the whole steamboater's community need to be combined, supporting this bill, H,R, 3852. Now it's your turn, and as Jo Ann Schoen uses to say: GO, GO, GO! and I add: NOW! - Contact your local politicians, city councils, Congressmen and urge them to support the bill. We need their help, so please be polite, but let them know how important it is for you and your community to keep the Delta Queen running. - If you know a Representative willing to co-sponsor the bill, please contact Rep. Steve Chabot's office in Washington (Anna Rack (202) 225-2216). The more support the bill gets, toe better the chances to get it through the Congress. (see Nori Muster's site for more details.) How important the_Delta Queen is for little_river towns Sep 9, 2007 3 Comments » An article in the Evansville Courier & Press (The Queen & her court -Riverboat gives people look at Ohio River_to_wns) hauntingly shows how important the visits of the Majestic America Line boats are for little river towns like Grandview, Indiana. Every politician and company manager thinking of grounding the Delta Queen should be forced to read this eye-opening article to see what he is doing to the people living along the rivers when taking the Delta Queen away from them. And it's not about romantic feelings when a steamboat is coming 'round the bend. It's about business and it's about jobs - a lot of business and jobs for these river towns. 5 Comments » http://www.save-the-delta-queen.org/ 10/26/2007 Save the steamboat Delta Queen ~ a private initiative to support this historic landmark Page 4 of 8 T_he_Co_n~ress hasn't_refused__the exemption_yet! Sep 2, 2007 There is a general misunderstanding on what happened on the political scene so far regarding the Delta Queen's exemption from the Safety at Sea Act: The Congress, consisting of the House of Representatives and the Senate, hasn't even voted on an exemption for the Delta Queen yet. So far it's only a single, totally uninformed and most likely Union-influenced Representative from Minnesota, Rep. James Oberstar (D), chairman of the Transportation committee, who refuses_to present the exemtion to the full House of Representatives for vote. And it's one single Union- controlled Senator, Sen. Inouye or Hawaii (D), who does the same thing in the Senate. According to an article in the Winona Daily News, the Transportation Committee of the House at least has discussed the issue, citing Rep. Walz, member of this committee: "I voted in committee for the exemption, and my reasoning was ... for historical preservation". And it seams that the committee is as uninformed as its chairman is. By the way: Walz is not member of the Coast Guard subcommittee where this issue should belong to. Let's not blame the Congress for this, so far. Let's force Sen. Inouye and Rep. Oberstar to respect basic democratic rules and let the people's representatives vote on the exemption for the Delta Queen! Let's sent aletter-to-the-editor to every newspaper that is repeating the nonsense of "the Congress has denied the exemption". Remind them of the facts, ask them to stop copying the press release of Majestic America Line who originally has published this Congress-denied-exemption nonsense. Arguments- in Favor- of the Delta Queen Aug 12, 2007 6 Comments When you're writing or talking to politicians and reporters about the Delta Queen, there are hundreds of good arguments on favor for the Delta Queen. The Delta Queen raises big emotions in all of us. But on the political floor, this discussion is mainly about the Safety at Sea Act. Emotions are important, but try to prioritize the safety aspects before the romantic and historical ones. Here are some ideas on what arguments are really important: The Delta Queen is a very safe boat to travel on: - Though the Safety at Sea Act requires noncombustible material for the construction of boats, the wooden superstructure of the Delta Queen doesn't mean there is a bigger fire hazard. It's along-known fact that wooden structures often survive longer in catastrophic fires than noncombustible structures, which quickly fail and melt. - The Safety at Sea Act assumes that ships are remote from land and other vessels. The Delta Queen can be landed in minutes over the entire route she traverses. Her forward mounted swing bridge and inflatable emergency boats on the stern make it easy and effective to evacuate passengers very quickly within moments of notice. Also remember that the staterooms on the Delta Queen have exits directly to http://wwv~.save-the-delta-queen.org/ 10/26/2007 Save the steamboat Delta Queen ~ a private initiative to support this historic landmark Page 5 of 8 open decks, except for the cabins in the Betty Blake Lounge, which have a big window to an open deck. There are no dead walkways on the whole boat and there are several outside staircases between all cabin decks. - The boat and its crew are rigorously inspected and tested by the Coast Guard at frequent intervals. - The Delta Queen is protected by an efficient sprinkler system and sophisticated electronic monitoring systems. - The vessel has operated safely for more than eighty years. In all that time the boat has not been responsible for even a single passenger death, nor any type of fire where passengers had to disembark the vessel. Excellent safety record. With her excellent safety record, safety appliances, and crew training, it seems clear that the Delta Queen provides far less risk to the safety of her passengers than they experience in their everyday lives. Think of how few of the many safety features mentioned you have in hotels, offices, or in your own home. Business and Jobs. Remind local politicians and reporters of how much business the Delta Queen brings to the river towns. Remind them of the many employees on the boat itself and the people on shore who support this boat, both within Majestic America Line and at third party companies providing amenities. Passengers can make their own decisions. Passengers know very well about the age and the wooden structure of the boat when they board. That's actually why they have booked a cruise on this boat. Compliant to the Safety at Sea Act, every passenger signs a statement that he/she has understood that the boat doesn't meet some of the requirements of the law. Nobody is being forced to travel on this boat; they're free to make their own travel decisions. This is a free country, so why should Congress make this decision for the passengers upfront? The Delta Queen is part of our American Heritage. And of course, don't forget to mention the Delta Queen is part of our American Heritage, just like the Lincoln Monument, the Statue of Liberty, or the White House in Washington DC. There is no good reason to deny her to continue to carry on the great American tradition ofpassenger-carrying stern-wheel steamboating. 13 Comments » The_Word_is Spreading Aug 8, 2007 The word is spreading, newspapers and TV stations are reporting about the Delta Queen's destiny. Most of the news media are more or less copying the Ambassador's PR message, but there are some who do their own research, too. So far the best article was in the Cincinnati Post, written by staff reporter Greg Paeth: "All_ aboard the Quee_..n?_Maybe not anymore", including -amongst others -statements from Virginia Bennett, from politicians and from Majestic America Line's PR agency with some interesting between-the-lines http://ww~v. save-the-delta-queen.org/ 10/26/2007 Save the steamboat Delta Queen ~ a private initiative to support this historic landmark Page 6 of 8 information. A very good article just showed up today at Cruise Mates: Loosing the Delta ueen by Nori Muster of steamboats.com. As most of you probably know, Nori is the daughter of Bill Muster, who was one of the most important people in the 1970's Save the Delta Queen campaign. The article tells the story of this campaign with a lot of details and is very well worth reading. On Aug. 8 Associate Press has sent out a News Alert about the Delta Queen. Unfortunately our campaign is not mentioned at all. But it's a first, important step to get broader attention for the issue. And the word is also spreading in the blogger scene. Definitely worth reading is John Armor's posting "Mark_Twain_Says._Congress is an_ Idiot" at Free Republic. His central statement is: "I'm not suggesting that the Delta Queen should be written into the Constitution to protect it forever from the neglect of Congress. I AM suggesting that if you care about America 's greatest river, the Mississippi, if you 've ever seen or heard the Delta Queen plying the waters of that great River, live, on TV or in movies, you should act. " If you meet or know a local newspaper reporter, encourage him or her to write his own story about the Delta Queen. I think this is a story worth watching for every journalist in this country -there is some potential for unexpected scoops and there is a lot of emotions and patriotism in this story. This is what reporters usually love. I know, because I'm a journalist, too ... What is Safety of Life at Sea (SOLAS)? Aug 4, 2007 7 Comments » There is much discussion about SOLAS, so I did some research to find out what exactly it is. SOLAS describes two different regulations -one is the "International Convention for Safety of Life at Sea", the other is the Public Law 89-777 from 1966, popular name: "Safety at Sea Act" or "Safety of Life at Sea Act". The international convention called SOLAS applies only to ships engaged on international voyages. That means, the Delta Queen is not directly effected by this. What effects the Delta Queen though is the Safety at Sea Act (P.L. 89-777). P.L. 89-777 includes that passenger vessels "having berth or stateroom accomodations for 50 or more passengers" have to be compliant with the SOLAS regulations of 1960 and some ammendments. (Thanks very much to the National Mississippi River Museum and Aquarium and Dubuque County Historical Society for sending us a copy of P.L. 89-777). The DQ was granted atwo-years delay in enactment in an amendment directly to this law, and again a two-years delay was issued in 1968. 1970 was the year of the first big "Save the Delta Queen" campaign. Despite all efforts (see steamboats.com for details) the campaign almost failed. Eventually the Delta Queen got a new 3-years exemption. After that an exemption was re-issued several times, including the exemption that is now expiring in November 2008. International Convention SOLAS The "International Convention for Safety of Life at Sea" exists already since 1914. This first version was passed in response to the Titanic disaster in 1912. Since then there had been several versions and since 1948 the International Maritime Organization~IMO) develops and maintains SOLAS. The http://www.save-the-delta-queen.org/ 10/26/2007 Save the steamboat Delta Queen ~ a private initiative to support this historic landmark Page 7 of 8 relevant version for the Delta Queen was adopted in 1960 and entered into force in 1965. An amendment from 1966, which is referred to in the Safety at Sea Act P.L.89-777, deals with special fire safety measures. The actual version or SOLAS, dating back to 1974, came into effect in May 1980 (foil text: www.austlii.edu.au/au/other/dfat/treaties/1983/22_html). What seams to be important for the Delta Queen is that only since the 1974 SOLAS the convention is being extended and altered by amendments, not new versions. A more detailed history of SOLAS can be found on the Metal Safe Sign Int. website. SOLAS 1 Q74 is special because its regulations can become national law without ever passing the US Congress or the desk of the President. It's based on a so called "tacit acceptance" which means if a country doesn't contradict within a given time frame it comes into effect automatically. This is a very interesting procedure, being more and more used for international treaties to speed up the process as it forces countries to act instead of waiting decades until the last of the member countries' parliament has taken care of a treaty to come into effect. Florida based maritime attorney Rod Sullivan is discussing this issue more in detail in his blog entry The IMO and the "Tacit_Acceptance Procedure" . SOLAS 2010, effecting many of the older cruise ships, consists of some amendments made in 2006, going into effect on July 1, 2010. They contain new and stricter safety regulations especially for passenger vessels. (Revised passenger shin_safety standards and others). I love_ the_Delta_Queen Aug 3, 2007 1 Comment » No caption needed for this picture ... "Capt." Leonie (7) has painted it right after she has heard that the Delta Queen will probably stop operations end of 2008. Leonie has a record of 3 Delta Queen and 3 Mississippi Queen cruises plus an American Queen cruise in less than two weeks from now. J ~ c, v L ~ ~`~ ~= ~~ ~ a , l~ .~....~tl._. ,. -~°` -~ __ ..._ http://www.save-the-delta-queen.org/ 10/26/2007 ,_ - , .~ ~ y.,J Save the steamboat Delta Queen ~ a private initiative to support this historic landmark Page 8 of 8 Save the Delta Queen running on WordPress RSS: Entries & _Com_ m_ __e_nts. Atom: Entries. 21 Comrr-ents http://www.save-the-delta-queen.org/ 10/26/2007