The U.S. Army Corps of Engineers (USACE) has initiated a 60-day public comment period on a proposed extension of its long standing information collection program for domestic waterborne commerce. This critical federal endeavor, formally announced in the Federal Register, seeks to renew the authority to collect vital operational data from commercial vessels and marine terminals across U.S. navigable waters. The information underpins a range of federal functions, from infrastructure planning and budget allocation to tax compliance and national security.
Legal Foundations and Operational Necessity
The collection of waterborne commerce data by USACE is not merely an administrative exercise. It is legally mandated under Section 11 of the Rivers and Harbors Appropriation Act of 1922, codified in 33 U.S.C. 555, and further supported by the Water Resources Development Act of 1986. These legislative acts empower USACE to maintain a comprehensive database essential for understanding and managing the nation's intricate network of navigable waterways. Without this data, the federal government would lack the robust statistical foundation required for informed decision making regarding a critical component of national infrastructure.
Scope and Specifics of Data Collection
The proposed extension covers several key information collection instruments. These include Vessel Operation Reports (ENG Forms 3925, 3925B, 3925C, and 3925P), which require owners, agents, masters, and clerks of commercial vessels, as well as those transporting their own goods, to detail cargo tonnages, port to port movements, and passenger or vehicle counts. These reports are typically submitted monthly. Additionally, annual vessel characteristic descriptions (ENG Form 3931) and operating company profiles (ENG Form 3932) are collected to ensure accurate identification and attribution within the database.
An important layer of independent verification comes from marine dock and terminal operators, who voluntarily submit arrival and departure logs (ENG Form 3926). This data serves as an independent statistical baseline, crucial for cross verifying the accuracy of operator reported movements. This multifaceted approach ensures the integrity and comprehensiveness of the collected information.
Far-Reaching Federal Applications
The data gathered by USACE's Waterborne Commerce Statistics Center (WCSC) is foundational for numerous federal operations and policy decisions. WCSC processes these raw submissions to produce vital annual publications such as 'Waterborne Commerce of the United States' (WCUS) and 'Ports and Waterways'. These statistical outputs are indispensable for Congress and federal planners, who rely on them to conduct mandatory cost benefit studies that justify the allocation of the USACE annual navigation budget. This directly impacts project planning for new infrastructure and guides the critical operations and maintenance of existing waterways.
Beyond infrastructure, the database serves as a primary resource for regulatory and revenue collection agencies. The U.S. Customs and Border Protection and the Internal Revenue Service utilize this information to verify compliance and receipts for the Harbor Maintenance Tax and the Inland Waterway Fuel Tax. The integration of independent dock logs and annual vessel descriptions provides a vital quality control mechanism, allowing WCSC to resolve record conflicts, prevent duplicates, and capture critical, otherwise unreported domestic cargo movements, such as millions of tons of petroleum shipping out of Valdez, Alaska.
Burden Estimates and Public Engagement
USACE estimates the total annual burden for this information collection to be 13,600 hours, distributed among 4,600 respondents who collectively submit 11,200 annual responses. The affected public includes businesses or other for profit entities, as well as state, local, or tribal governments. The proposal invites comments on whether the collection is necessary, its practical utility, the accuracy of burden estimates, and ways to enhance data quality and minimize respondent burden, including through automated techniques.
Interested parties have until August 10, 2026, to submit their comments. This public feedback is a critical component of the regulatory process, ensuring that federal agencies consider the practical impact of their information collection requirements on those who must comply.
