Tonnage Reporting Susan Hassett, Director Dale Brown, Chief Waterborne Commerce Statistics Center Navigation and Civil Works Decision Support Center USACE Institute for Water Resources 28 January 2015 US Army Corps of Engineers BUILDING STRONG® US Army Corps Of Engineers Webinar Objectives Institute for Water Resources • Introduction • Who is to Report • What to Report • How to Report • When to Report • Question & Answers? BUILDING STRONG® US Army Corps Of Engineers Navigation and Civil Works Decision Support Center (NDC) Institute for Water Resources 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 matrixmanagement construct in conjunction with the other four enterprise groups within IWR BUILDING STRONG® WCSC Mission US Army Corps Of Engineers • To collect and supply navigation data and information for U.S. channels, ports, waterways, and Corps Projects - • Institute for Water Resources Domestic and U.S. Foreign Commodity and Vessel Movements U.S. Navigation Infrastructure Inventory Authorized under the River & Harbors Act of 1922 BUILDING STRONG® US Army Corps Of Engineers Legal Authority Institute for Water Resources 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." BUILDING STRONG® US Army Corps Of Engineers 33 CFR Part 207.800 Collection of Navigation Statistics Institute for Water Resources The following penalties for noncompliance can be assessed for offenses and violations: • 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. BUILDING STRONG® US Army Corps Of Engineers Waterborne Commerce Statistics Collection U.S. Carriers Ports/Terminals Customs / Census Private Industry Enforcement Input Processing Electronic Reports Coding Keying Coast Guard AIS Oracle Relational Database Editing Routing Information Generation Institute for Water Resources Output Query Reports HQ Budget CD / 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 BUILDING STRONG® US Army Corps Of Engineers Data Confidentiality Institute for Water Resources • 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.” BUILDING STRONG® US Army Corps Of Engineers Release of Detailed Commercial Statistics Institute for Water Resources • 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.” BUILDING STRONG® US Army Corps Of Engineers Federal and State Governments Institute for Water Resources • 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 information to 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. BUILDING STRONG® US Army Corps Of Engineers Geographic Aggregation Institute for Water Resources 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 BUILDING STRONG® US Army Corps Of Engineers Tonnage Reporting Institute for Water Resources • Who: Vessel Operating Companies • What: Vessel Trip and Cargo movements or nonmovements (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 BUILDING STRONG® US Army Corps Of Engineers Who is to Report Institute for Water Resources • 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. BUILDING STRONG® US Army Corps Of Engineers What to Report Institute for Water Resources 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 BUILDING STRONG® US Army Corps Of Engineers How to Report Institute for Water Resources • 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 - Mail Department of the Army Waterborne Commerce Statistics Center CEIWR-NDC-CE US Army Corps of Engineers Institute for Water Resources PO Box 61280 New Orleans, LA 70161-1280 - Email: CEIWR-NDC-CE-VORS@usace.army.mil - Fax: (504) 862 - 1423 BUILDING STRONG® US Army Corps Of Engineers 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 Institute for Water Resources US Army Corps Of Engineers ENG FORM 3925B Towboat Example Institute for Water Resources BUILDING STRONG® US Army Corps Of Engineers ENG FORM 3925B Barge Example Institute for Water Resources BUILDING STRONG® US Army Corps Of Engineers ENG FORM 3925B Institute for Water Resources BUILDING STRONG® US Army Corps Of Engineers ENG FORM 3925B Institute for Water Resources BUILDING STRONG® US Army Corps Of Engineers When to Report Institute for Water Resources • 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 BUILDING STRONG® US Army Corps Of Engineers Vessel Moves Not to Report Institute for Water Resources 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. BUILDING STRONG® US Army Corps Of Engineers Dock Receipts Institute for Water Resources ENG Form 3926: Voluntary Dock Receipt Form BUILDING STRONG® US Army Corps Of Engineers References Institute for Water Resources • 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 BUILDING STRONG® US Army Corps Of Engineers Points of Contacts Institute for Water Resources • Domestic Collection John Dubberley, Project Manager Phone: (504) 862 – 1209 Email: John.R.Dubberley@usace.army.mil • Regulations and Guidance Dale Brown, Acting WCSC Director Phone: (504) 862 – 2190 Email: Dale.Brown@usace.army.mil Website: www.NavigationDataCenter.us/wcsc/wcsc.htm E-Mail: CEIWR-NDCWCSC.WEBMASTER@usace.army.mil BUILDING STRONG® US Army Corps Of Engineers Institute for Water Resources Questions? BUILDING STRONG®