EP 1165-2-1
30 Jul 99
destination and for each dock, waterway, channel and harbor in the
U.S. NDC may assess a civil penalty to domestic operators of ,500
per reporting violation (i.e., failure of a vessel operating company
to report their waterborne commerce movements in a timely and accurate
manner). Violators are also liable to a fine of ,000 and up to two
months imprisonment. Additionally the Corps may refuse service at
Corps locks to such violators. (ER 1130-2-520)
(3) Release of Data: Detailed data furnished by vessel
operators and others will not be disclosed, except in compilation form
which will prevent identification of specific vessel operators or
operations. Corps policy on release is found in 33 CFR 209.320.
Government employees are subject to the sanction in 18 U.S.C. 1905 for
unauthorized disclosures. Penalties may include imprisonment for not
more than one year, fine of not more than
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,000 and removal from
employment. Data released to other Corps, Federal, state and local
government agencies, private companies, and public are done in
accordance with the Freedom of Information Act (5 U.S.C. 552).
b. Lock Performance Monitoring System and Lock
Characteristics. NDC compiles data for each Corps owned and/or
operated lock. Included are a locks physical properties (length,
depth over sill, width, type of gate, year opened, etc), its
performance under various physical conditions (ice, fog, flood and
accidents), and vessel traffic (lockage time, wait time, size of
vessel, number of recreational vessels, etc). Cargo and passenger
statistical data are obtained under the authority of 33 U.S.C. 554-
555. Data should not be released if it identifies any individual
vessel owner and related commerce. (ER 1130-2-520)
c. Port and Waterway Facilities. NDC inventories cargo
handling, storage and transfer facilities at the nation's coastal,
Great Lakes and inland ports and waterways. Data also include
facility location, point of contact and identification of access roads
and railroads. Current data are available electronically and in hard
copy. Archived publications date to 1922. All data are in the public
domain.
d. Dredging Statistics. NDC compiles data from each Corps
office pertaining to Government and contract dredging. Data includes
project, quantity, type of dredge, method of disposal, Government
estimates, bidders, and winning bid. All data are in the public
domain.
12-13. Navigation Regulations. Section 4 of the River and Harbor Act
of 1894, as amended (33 U.S.C.), authorizes the Corps to publish
regulations governing the use of navigable waters, except where
authority is specifically delegated to another Federal agency.
Regulations for specific waterways and for locks and dams are
published in 33 CFR 207. Certain restricted areas are regulated in 33
CFR 334. The Coast Guard also regulates "restricted areas" in 33 CFR
165. The distinction between Corps and Coast Guard jurisdiction is
outlined in the memorandum of understanding between the two agencies
dated 7 May 1977 clarifying their respective responsibilities as a
result of enactment of the Ports and Waterways Safety Act of 1972
(Public Law 92-340). Restricted areas for hazardous waters at dams
and other Civil Works structures are defined in ER 1130-2-520.
12-14.
Danger Zones.
Section 1 of the Army Appropriation Act of 1919
12-14
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