US Army Corps of Engineers BUILDING STRONG ® Tonnage Reporting Susan Hassett, Director Dale Brown, Chief Waterborne Commerce Statistics Center Navigation

US Army Corps of Engineers

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Tonnage Reporting

Susan Hassett, DirectorDale Brown, ChiefWaterborne Commerce Statistics Center

Navigation and Civil Works Decision Support CenterUSACE Institute for Water Resources

28 January 2015

US Army CorpsOf Engineers

Institute for Water Resources

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Webinar Objectives

• Introduction• Who is to Report• What to Report• How to Report• When to Report• Question & Answers?



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Navigation and Civil Works Decision Support Center (NDC)

NDC is an element within the U.S. Army Institute for Water Resources (IWR) consisting of

• Waterborne Commerce Statistics Center (WCSC), including the Navigation Infrastructure Inventory, located in New Orleans, LA

• Lock Performance Monitoring System & Dredging Statistics, located in Alexandria, VA

• Civil Works Program Performance, including management of the Corps Operations & Maintenance Business Information Link (OMBIL)

• Enterprise Group S, which functions within a matrix-management construct in conjunction with the other four enterprise groups within IWR



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WCSC Mission

• To collect and supply navigation data and information for U.S. channels, ports, waterways, and Corps Projects

- Domestic and U.S. Foreign - Commodity and Vessel Movements- U.S. Navigation Infrastructure Inventory

• Authorized under the River & Harbors Act of 1922



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Legal Authority

The Legal authority for the collection, compilation, and publication of waterborne commerce statistics by the Army Corps of Engineers is the River and Harbor Act of September 22, 1922 (42 Stat. 1043), as amended, and codified in 33 U.S.C. 555. This Congressional directive provides:

"Owners, agents, masters and clerks of vessels, and other craft plying upon the navigable waters of the United States, and all individuals and corporations engaged in transporting their own goods upon the navigable waters of the United States, shall furnish such statements relative to vessels, passengers, freight and tonnage as may be required by the Secretary of the Army: Provided, That this provision shall not apply to those rafting logs except upon a direct request upon the owner to furnish specific Information.

Every person or persons offending against the provisions of this section shall, for each and every offense, be liable to a fine of not more than $5,000, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed. In addition, the Secretary may assess a civil penalty of up to $2,500, per violation, against any person or entity that fails to provide timely, accurate statements required to be submitted pursuant to this section by the Secretary."



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33 CFR Part 207.800Collection of Navigation Statistics

• Criminal Penalties: Every person or persons violating the provisions of 33 CFR Part 207 Navigation Regulations, for each and every offense, be liable to a fine of not more than $5,000, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed.

• Civil Penalties: In addition, any person or entity that fails to provide timely, accurate, and complete statements or reports required to be submitted by this regulation may also be assessed a civil penalty of up to $2,500 per violation under 33 U.S.C. 555, as amended.

• Denial Passage: The lockmaster or canal operator can refuse to allow vessel passage.

The following penalties for noncompliance can be assessed for offenses and violations:



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Waterborne Commerce Statistics

Collection

U.S. Carriers

Ports/Terminals

Customs / Census

Private Industry

Enforcement

Input

Electronic ReportsCodingKeying

Coast Guard AIS

Processing

Oracle Relational Database

EditingRouting

Information Generation

Output

QueryReports

HQ BudgetCD / Web

Data & statistics used by USACE Civil Works Program to:• analyze feasibility of new water transportation projects/activities• set priorities for new investment & rehabilitation• management of operations & maintenance of existing projects



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Data Confidentiality

• Protection of Trade Secrets- Title 18, U. S. Code, Chapter 93, Section

1905 “Whoever … discloses … information which concerns

… operations … (or) confidential statistical data … of any person, firm, corporation or association … shall be fined not more than $1,000 or imprisoned not more than one year or both, and shall be removed from office of employment.”



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Release of Detailed Commercial Statistics

• 33 CFR 209.320

- 209.320 Policy on release of commercial statistics

“The collection of commercial statistics pertaining to rivers, harbors, and waterways, and annual reports thereof to congress, are required by the River and Harbor Act of June 23, 1866 (14 Stat. 70), the act of February 21, 1891 (26 Stat. 766), the River and Harbor Act of June 13, 1902 (32 Stat. 376) The River and Harbor Act of July 25, 1912 (37 Stat. 201), The River and Harbor Act of September 22, 1922 (42 Stat. 1043), and Pub. L. No. 16 February 10, 1932 (47 Stat. 42). It is the Policy of the Department to hold in strict confidence any data or information which has been furnished by shippers and others upon the understanding that it will not be disclosed and will only be used in the compilation of port or waterway statistics. In case Federal or State agencies or local interests request other than general information made permissible hereunder, their attention will be called to the policy indicated in this section.”



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Federal and State Governments

• Federal Government: All of the detailed domestic data and the summarized foreign data is available.

• State Government: Only the detailed domestic petroleum data and the summarized foreign data is available.

Water Resources Development Act of 1986 SEC919 part (a)

SEC. 919. PETROLEUM PRODUCT INFORMATION.(a) The Secretary shall disclose petroleum product informationto any State taxing agency making a request under subsection (b).

Such information shall be disclosed for the purpose of, and only to the extent necessary in, the administration of State tax laws.



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Geographic Aggregation

Data collected at the dock/facility level is aggregated for public release so as not to reveal the activity of any Individual respondent

National State

County Congressional District

Waterway Port

Past a Point On a Reach



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Tonnage Reporting

• Who: Vessel Operating Companies

• What: Vessel Trip and Cargo movements or non-movements (idle)

• How: Vessel Operation Reports, ENG Form 3925, 3925B , 3925C, or 3925P

• Where: USACE Waterborne Commerce Statistics Center

• When: Vessel Operation Reports must be submitted within 30 days after the close of the month in which the vessel movement or non-movement was completed

• Why: Required by Federal law



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Who is to Report

• Vessel Operating Companies of any commercial vessels engaged in commercial transportation will be responsible for the filing Vessel Operation Reports.

- The person or entity (individual, corporation, partnership, or company) receiving remuneration for the movement for the movement of vessels, or for the transportation of goods or passengers on the navigable waters

- For vessels under lease/charter agreements, the lessee or charterer is responsible that all commercial activity of the vessel is reported.

- Ultimately the vessel owner (or his designated agent) becomes the responsible party for ensuring that all commercial activity of the vessel is reported.



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The following types of vessels whether “Loaded or Empty” need to be reported:

• Dry cargo ships and Tankers• Barges (loaded and empty)• Towboats (with or without barges in tow) and Tugboats• Crew boats and Supply boats to and from offshore locations• Newly constructed vessels from shipyards to point of delivery• Ferries and other Passenger vessels• Vessels carrying containerized cargo• Vessels that did not complete a move during the entire month

shall be reported as idle or in transit

What to Report



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How to Report

• How To Report- ENG Forms 3925, 3925B, 3925C or 3925P or authorized automated equivalent- WCSC will furnish forms and envelopes to vessel operating companies or file

format/layout for electronic submission• Methods To Report

- MailDepartment of the ArmyWaterborne Commerce Statistics CenterCEIWR-NDC-CEUS Army Corps of EngineersInstitute for Water ResourcesPO Box 61280New Orleans, LA 70161-1280

- Email: [email protected] Fax: (504) 862 - 1423

mailto:[email protected]

Waterborne Commerce Information

Vessel Trip & Cargo Data• Vessel ID & Operator• Origin & Destination• Location: Port & Dock• Time: Date Depart & Arrive• Route Taken• Draft• Commodity

- SITC & International Harmonized System• Tonnage





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ENG FORM 3925BTowboat Example



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ENG FORM 3925BBarge Example



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ENG FORM 3925B



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ENG FORM 3925B



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When to Report

• Within 30 days after the close of each calendar month in which the vessel movement (trip) was completed

• Example: A trip which started 29 January and completed 10 February should be included for the month of February and filed before 31 March

• Vessels that did not complete a move during the month shall be reported as idle/inactive



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Vessel Moves Not to Report

The following vessel movements need not be reported:• Recreational vessels• Fire, Police, and Patrol vessels• Vessels exclusively engaged in construction (e.g., pile drivers

and crane barges) Note: however, that movements of supplies, materials, and crews to or from the construction site must be timely reported.

• Dredges to or from the dredging site. However, vessel movements of dredged material from the dredging site to the disposal site must be reported.

• Specific movements granted exemption in writing by the Waterborne Commerce Statistics Center.



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Dock Receipts

ENG Form 3926:

VoluntaryDock Receipt Form



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References

• The River & Harbors Act of 1922 (amended and codified in 33 U.S.C. 555)

• 33 CFR Part 207: Navigation Regulations

• EP 1130-2-520: Navigation and Dredging Operations and Maintenance Guidance and Procedures; Chapter 5 Waterborne Commerce Statistics



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Points of Contacts

• Domestic CollectionJohn Dubberley, Project ManagerPhone: (504) 862 – 1209Email: [email protected]

• Regulations and GuidanceDale Brown, Acting WCSC DirectorPhone: (504) 862 – 2190Email: [email protected]

Website: www.NavigationDataCenter.us/wcsc/wcsc.htm E-Mail: [email protected]



http://www.navigationdatacenter.us/wcsc/wcsc.htm




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Questions?

Documents

US Army Corps of Engineers BUILDING STRONG ® Tonnage Reporting Susan Hassett, Director Dale Brown, Chief Waterborne Commerce Statistics Center Navigation