EP 1130-2-520
29 Nov 96
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.
9 - if unknown
(c) PRINCIPAL COMMODITIES CARRIED - This should identify the commodities
carried by vessels being operated.
(d) POINTS OR LOCALITIES AND WATERWAY ON WHICH VESSEL
MOVEMENTS TAKE PLACE - This identifies the general area in which activity is conducted.
5-6. Violation Procedures. Appendix R delineates explicitly that which constitutes an offense and
violation of this reporting requirement. In the event of a reporting violation, the Director, WCSC,
will bring it to the attention of the responsible party and allow 30 days for the reports to be filed
after the fact. If the reports are not filed within this 30-day grace period, appropriate civil or
criminal actions may be undertaken by the Army Corps of Engineers, up to and including the
proposal of civil or criminal penalties for non-compliance. Typical cases for criminal or civil
action include, but are not limited to, those violations which are willful, repeated, or have a
substantial impact in the opinion of the Director, WCSC. For the vast majority, however,
penalties incurred as a result of a violation are civil action penalties. The Director, WCSC,
assesses their gravity and consequences. Assessment and processing procedures involve the
following:
a. Authorization to assess a civil penalty. The Director, WCSC, assesses a civil penalty in
accordance with the Class I penalty provisions of 33 CFR Part 326. Provided, however, that the
procedures in the CFR Part 326 specifically implementing the Clean Water Act [33 USC
1319(g)(4)], public notice, comment period, and state coordination, shall not apply.
b. Initiation of a civil penalty order. Upon assessment of a civil penalty, the Director,
WCSC, prepares a proposed civil penalty order, including a statement on the assessed penalty, the
rationale leading to it, and the application provisions of 33 CFR Part 326.
c. Recourse available to the recipient of a civil penalty order. The recipient of a proposed
civil penalty may prepare a written request for a hearing or other provision, in accordance with 33
CFR Part 326, addressed to the Director, WRSC, Casey Building, Fort Belvoir, VA 22060-5586.
Following the hearing or other review of the case, the Director, WRSC will act according to what
has transpired. In all cases, the Director is expected to provide the violator a reasonable
opportunity to redress or explain the violation. Thereafter, the Director, WRSC, will issue a final
order.
d. Authorization to initiate criminal action order. The Director, WRSC has the authority
to refer certain violations to the local U.S. Attorney for prosecution, penalty collection,
injunction, or other appropriate action.
5-7. Release of Data.
a. The USACE policy on the release of waterborne commerce statistics can be found in
33 CFR 209.320 and will be followed throughout the collection and publication process of these
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