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Tonnage Reporting Susan Hassett, Director Dale Brown, Chief
Waterborne Commerce Statistics Center Navigation and Civil Works Decision Support Center USACE Institute for Water Resources Good Afternoon, my name is Susan Hassett and I am the Director of the Waterborne Commerce Statistics Center. I would like to thank Aimee Andres of IRPT (Inland Rivers, Ports & Terminals) for hosting this webinar and supporting the maritime community and the Corps in our efforts to improve the collection of vessel trip and cargo data critical for generating waterborne commerce statistics. 28 January 2015
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Webinar Objectives Introduction Who is to Report What to Report
How to Report When to Report Question & Answers? The objectives for this webinar are to provide the basic information for reporting waterborne commerce/vessel trip and cargo data to the USACE. I will move quickly thru the intro so our Chief of the Collection Office can provide you with the Who, What, How, When of reporting. We have provided time at the end of the presentation for questions
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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 Who are we and where do we fit into the Corps? WCSC is a division of the Navigation and Civil Works Decision Support Center, formally named Navigation Data Center. NDC is an element within the Institute for Water Resources; comprised of WCSC, the LPMS&Dreging and OMBIL programs, and one of the five enterprise groups within IWR. IWR is a Field Operating Activity (FOA) reporting to the Deputy Commanding General for Civil and Emergency Operations AND the Director for Civil Works
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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 Our mission is to collect and supply navigation data and information for U.S. channels, ports, waterways, and Corps Projects. This includes collecting the domestic and acquiring the U.S. Foreign commodity and vessel movements. We also collect an inventory of U.S. navigation infrastructures (docks, facilities, anchorages, fleeting areas, navigation points of interest.) The River & Harbors Act of 1922 (amended and codified in 33 U.S.C. 555) authorizes the USACE to collect, process, distribute and archive waterborne commercial vessel trip and cargo data.
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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 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." To expand on the legal authority, in part, it starts who shall furnish information, which we will cover more in later slides, and the penalties for non-compliance.
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33 CFR Part 207.800 Collection of Navigation Statistics
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. In addition to the Criminal and Civil Penalties of fines and/or imprisonment listed in Section 11 of the Rivers & Harbors Act, the Navigation Regulations provides for an additional penalty, where we can request that a lockmaster or canal operator refuse vessel passage through a lock for a non-compliant entity.
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Waterborne Commerce Statistics
Collection U.S. Carriers Ports/Terminals Customs / Census Private Industry Enforcement Input Electronic Reports Coding Keying Coast Guard AIS Processing Oracle Relational Database Editing Routing Information Generation Output Query Reports HQ Budget CD / Web This is our operation in a nutshell….. The Corps is the USG agent for the collection and management of U.S. waterborne commerce statistics. Under Federal law, vessel-operating companies must report domestic waterborne commercial vessel movements directly to the USACE. The who, what, how and when will be addressed in the next slides. Various Port Authorities and terminal operators aid in improving our collection efforts by voluntarily providing data in the form of dock receipts captured on ENG form 3926 available from our office. We acquire U.S. foreign trade & transportation data from Customs (CBP) and Census (the Federal agencies responsible for the collections) and PIERS (Port Import Export Reporting Service is a private company). INPUT: Approximately 75% of our domestic records are inputted into our system electronically. Most “mom and pop” operations and others still submit their vessel operation reports in hardcopy, which must be coded and keyed into the system. Under e-navigation efforts, the means for data entry or for pushing data/information out is increasing. The latest collaborative efforts with the Coast Guard’s Automated Identification System (AIS) enables us to validate vessels and their characteristics during the processing of waterborne commerce data and statistics. PROCESSING: We load and process hundreds of thousands of domestic and millions of U.S. foreign records annually into an Oracle Relational database. Our computer programs route these records thru the waterway network and apply edits to increase the accuracy of the data. Our processing of the Customs vessel movement data and the Census trade and PIERS transportation based data enables us to provide U.S. foreign imports & exports at a Corps project level. OUTPUT: Statistics are provided on our website, in summarized publications, and special requests. Our number one customer is USACE HQ. We provide waterborne commerce data for the Civil Works budget preparation process 6 months after the close of the FY. We hope to provide more information on the Corps budget process in upcoming webinars. WHY is it so important to report this data to the Corps? It is a primary mission of the Army Corps of Engineers, where economically justified, to assure that navigation projects are properly maintained and ready to facilitate commodity and vessel movements by new project construction or improvements to existing projects. Thus, accurate and reliable data in the form of waterborne commerce statistics are essential to our mission. These statistics provide the necessary information for accurate cost-benefit analyses to determine new project feasibility and to establish funding priorities for the operation and maintenance of existing projects. 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.” The policy on the release of waterborne commercial statistics is followed throughout the data collection and publication/dissemination processes. Whoever discloses confidential statistical data shall be fined and/or imprisoned, and removed from employment. Data released by the Corps to state and local government agencies, private companies and the general public must conform to the Trade Secrets Act, where information may not be provided that discloses the operations of any person, firm, corporation, or association.
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Release of Detailed Commercial Statistics
33 CFR 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.” You can look up the complete regulation for the release of detailed commercial statistics under 33 CFR Again Data released by the Corps to the general public will be limited to summary statistics such that movements of individual companies cannot be determined and will only be used in the compilation of port and waterway statistics.
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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 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. What about releasing detailed confidential data to other Federal or State agencies? Under a signed non-disclosure agreement, all detailed domestic data is available to other Federal agencies; only summarized U.S. foreign data is available. For State Governments, only the detailed domestic petroleum data is available as required under the WRDA of 1986 as stated here 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 To what level is the summarized data available? We collect at a facility / dock level then we are able to aggregate to the national, state, county, Congressional District, waterway, port, past a point or on a reach, or Corps project. If you have a question on WC data and you cannot find it on our website, submit a special request or talk to our Data Request PM for what may be available to answer your needs. Dale Brown will now continue with specifics of the reporting process.
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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 Hello everyone, as the Director said, I am Dale Brown and I am the Chief of the Waterborne Data Collection and Management Office. Today, I will be presenting the who, what , how, where, when, and why of Tonnage Reporting. I wanted to use this slide to capture an overview of tonnage reporting and will present further detail in the next few slides. Who to Report: Vessel Operating Companies What To Report: Vessel Trip and Cargo Movements or non-Moments (idle) How To Report: Operators will report using the Vessel Operation Report (Statement of Freight and Passengers Carried) which includes ENG Forms 3925, 3925B (Shallow Draft Inland Traffic), 3925C (Containers), or 3925P (Passengers). These forms are furnished by the Waterborne Commerce Statistics Center. Where To Report: Waterborne Commerce Statistics Center When To Report: Monthly… Reports must be submitted within 30 days after the close of each month in which the vessel movement or non-movement (the trip) was completed. Why To Report: 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. Any commercial vessel engaged in commercial transportation must be reported by the Vessel Operating Company. If the vessel is under a lease/charter agreement, then the lessee or charterer is responsible for reporting the vessel movement. But … Ultimately the vessel owner (or his designated agent) is responsible for ensuring that the Vessel Operation Report is submitted to the Waterborne Commerce Statistics Center.
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What to Report 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: All movements of domestic waterborne commercial vessels must be reported. This includes whether the vessel is loaded with cargo or is not carrying any commercial cargo (empty). The types of vessels include, but are not exclusively limited to: Dry cargo ships and Tankers, Barges whether loaded or empty, Towboats with or without barges in tow, Tugboats, Crew boats and Supply boats to and from offshore locations, Newly constructed vessels from shipyards to the point of delivery, Ferries and other Passenger vessels, Vessels carrying containerized cargo, and Vessels that did not complete a move during the entire month shall be reported as idle or in transit
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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 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 Fax: (504) How To Report: Vessel Operating Companies will use the Vessel Operation Report to submit all Trip and Cargo movements completed during the reporting month. Any vessels that did not complete a move during the month shall be reported as idle or in transit. We will go over an example of the Vessel Operation Report ENG 3925: Statement of Freight and Passengers Carried, submitted principally by operators of deep-draft vessels. ENG 3925B: Optional Form for Use by inland and intracoastal operators in lieu of ENG Form 3925. ENG 3925C: For reporting movements of CONTAINERIZED CARGO ENG 3925P: Optional form for use by passenger vessel operators in lieu of ENG Form 3925 for reporting movements of passengers Call our Office and We will assist you in filling out (filing) these forms……. METHOD to Report: MAIL, , or FAX
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Waterborne Commerce Information
US Army Corps Of Engineers Institute for Water Resources 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 Waterborne commerce information collected captures the Vessel trip and Cargo tonnage to include - Vessel ID & Vessel operator - Origin and Destination - Port & Dock - Date of Departure and Date of Arrival - Route taken (The computer can automatically create a route if the necessary alternates are there) - DRAFT - COMMODITY: a specific cargo. This can be in the form of a specific description of the cargo, a Harmonized Commodity Description and Coding System (HS) code or a Standard International Trade Classification System (SITC) code. HS and SITC codes are published in the U. S. Census Bureau’s Schedule B, Classification of Goods. The following cargo descriptions are not acceptable: general, various or miscellaneous cargo, parts or supplies. - TONNAGE
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ENG FORM 3925B Towboat Example
This is an example of the Vessel Operation Report - ENG Form 3925b for Use by Inland Waterways Operators in lieu of ENG Form This version of the Vessel Operation Report allows the operator to report vessel movements of several vessels (up to 10) on one form. Multiple trips for the same vessel may also be recorded on one line of this form provided the origin, destination, commodity, and alternate channels used are the same. The type of information collected on this form includes the following: Information reported includes: (a) VESSEL DATA: 1 - NUMBER OF TRIPS 2 - VESSEL NAME 3 - COAST GUARD NUMBER 4 - VESSEL TYPE (b) VESSEL ORIGIN/DESTINATION INFORMATION: 1 - PORT NAME 2 - DOCK NAME 3 - RIVER, MILE, AND BANK 4 - DATE (MONTH/YEAR) (c) SERVICE - For each cargo movement the service code will be provided in this field. The service codes are defined below: 1 - if carriage is regulated by the Interstate Commerce Commission. 2 - if carriage is for compensation but exempt from regulation by the Interstate Commerce Commission. 3 - if carriers, goods are being transported in their own vessels. 4 - if unknown (d) CARGO DATA: 1 - COMMODITY 2 - TONS 3 - ALTERNATE WATERWAYS: When more than one route is possible, the vessel operator is asked to identify the alternate channels used. (e) CONTAINERS AND CONTAINERIZED CARGO - The cargo being transported in containers must be delineated by commodity type and tonnage. If empty containers are being transported the entry under commodity type will be "Empty Containers" and the weight of the empty containers will appear in the tonnage field.
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ENG FORM 3925B Barge Example
As you can see on this example, you can report multiple barges being operated by the vessel operating company (Dale’s Barge Company). Also, multiple trips for the same vessel may be recorded on one line of this form provided the origin, destination, commodity, and alternate channels used are the same. ********** The type of information collected on this form includes the following: (a) VESSEL DATA: 1 - NUMBER OF TRIPS 2 - VESSEL NAME 3 - COAST GUARD NUMBER 4 - VESSEL TYPE (b) VESSEL ORIGIN/DESTINATION INFORMATION: 1 - PORT NAME 2 - DOCK NAME 3 - RIVER, MILE, AND BANK 4 - DATE (MONTH/YEAR) (c) SERVICE - For each cargo movement the service code will be provided in this field. The service codes are defined below: 1 - if carriage is regulated by the Interstate Commerce Commission. 2 - if carriage is for compensation but exempt from regulation by the Interstate Commerce Commission. 3 - if carriers, goods are being transported in their own vessels. 4 - if unknown (d) CARGO DATA: 1 - COMMODITY 2 - TONS 3 - ALTERNATE WATERWAYS: When more than one route is possible, the vessel operator is asked to identify the alternate channels used. (e) CONTAINERS AND CONTAINERIZED CARGO - The cargo being transported in containers must be delineated by commodity type and tonnage. If empty containers are being transported the entry under commodity type will be "Empty Containers" and the weight of the empty containers will appear in the tonnage field.
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ENG FORM 3925B The General Instructions for ENG FORM 3925B are located on the back of the form. This is also true for the other ENG FORMS.
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ENG FORM 3925B The Law and Project Channel Used Codes are located on the back of the form. This is also true for the other ENG FORMS cover page
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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 The Vessel Operation Reports must be received by the U.S. Corps of Engineers within 30 days after the close of the month in which the vessel movement or non-movement (the trip) was completed. Example: A trip 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 or 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. Monthly Report Exceptions. The following waterborne vessel movements need not be reported: - Movements of recreational vessels. - Movements of fire, police, and patrol vessels. - Movements of vessels exclusively engaged in construction (e.g., pile drivers and crane barges). Note: however, movements of supplies, materials, and crews to or from the construction site must be timely reported. - Movements of 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: Voluntary Dock Receipt Form
ENG Form Record of Arrival and Departure of Vessels at Marine Terminals. This form is submitted by dock or terminal operators upon request of WCSC on a Voluntary basis. Submission of this form will be requested only when and if essential to ensure adequate and correct coverage of vessel movements in United States harbors and channels. WCSC will verify their collected data against these forms and address any discrepancies to ensure proper and accurate reporting. (a) WHARF OR DOCK - The name of the facility making the report to WCSC. (b) PORT OR LOCALITY - The location or port name where the facility is located. (c) NAME OF VESSEL - Self-explanatory. (d) TYPE OF VESSEL - Defined in directions (e) VESSEL ARRIVAL/DEPARTURE (1) DATE - The month and year that the vessel arrived or departed. (2) UNLOADED/LOADED CARGO - The entry for this field is either a "YES" or "NO" to indicate that the vessel unloaded and/or loaded cargo at the facility. (3) FOREIGN, DOMESTIC, OR BOTH - Indicate the type of cargo handled. (f) REMARKS - This field is usually used to provide the tonnage of cargo handled.
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References The River & Harbors Act of (amended and codified in 33 U.S.C. 555) 33 CFR Part 207: Navigation Regulations EP : Navigation and Dredging Operations and Maintenance Guidance and Procedures; Chapter 5 Waterborne Commerce Statistics References for the policies and regulations mentioned in the presentation include the following: The River and Harbors Act of 1922 33 CFR Part 207: US Army Corps of Engineers Navigation Regulations Engineering Pamphlet : Navigation and Dredging Operations and Maintenance Guidance and Procedures; Chapter 5 Waterborne Commerce Statistics
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Points of Contacts Domestic Collection John Dubberley, Project Manager
Phone: (504) 862 – 1209 Regulations and Guidance Dale Brown, Acting WCSC Director Phone: (504) 862 – 2190 Website: Our points of contacts for the Waterborne Commerce Statistics Center pertaining to the collection and management of U.S. waterborne commerce statistics. Mr. John Dubberley is the Project Manager of Domestic Collections. Mr. Dubberley will be the POC for all questions pertaining to domestic collections. Since Ms Hassett will be retiring as of this Friday, 31 January 2015, I will be the POC for all questions regarding the regulations and guidance. For access to up-to-date statistics and data, you can visit our website at Also, you can any questions or requests to our address
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