§ 53401. Definitions

782 words·~4 min read·/usc/title-46/section-53401

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In this chapter:

(1)Foreign commerce.— The term “foreign commerce” means—

(A)commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and

(B)commerce or trade between foreign countries.

(2)Participating fleet vessel.— The term “participating Fleet vessel” means any product tank vessel covered by an operating agreement under this chapter on or after January 1, 2022, that—

(A)meets the requirements of one of paragraphs

(1)through

(4)of section 53402(b) of this title; and

(B)is no more than 20 years of age.

(3)Person.— The term “person” includes corporations, partnerships, and associations existing under, or authorized by, laws of the United States, or any State, territory, district, or possession thereof, or any foreign country.

(4)Product tank vessel.— The term “product tank vessel” means a double-hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.

(5)Program participant.— The term “program participant” means an owner or operator of a vessel that enters into an operating agreement covering a participating fleet vessel with the Secretary under section 53403.

(6)Secretary.— The term “Secretary” means the Secretary of Transportation, unless the context indicates otherwise.

(7)United states citizen trust.— The term “United States citizen trust”—

(A)means a trust for which—

(i)each of the trustees is a citizen of the United States; and

(ii)the application for documentation of the vessel under chapter 121 of this title includes an affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person who is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States;

(B)does not include a trust for which any person that is not a citizen of the United States has authority to direct, or participate in directing, a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee without cause, either directly or indirectly through the control of another person, unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee; and

(C)may include a trust for which a person who is not a citizen of the United States holds more than 25 percent of the beneficial interest in the trust.

(8)Long term charter.— The term “long term charter” means any time charter of a product tank vessel to the United States Government that, together with options, occurs for a continuous period of more than 180 days.

(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4408; amended Pub. L. 117–81, div. C, title XXXV, § 3515(a), Dec. 27, 2021, 135 Stat. 2243.)

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