Title 46ShippingRelease 119-73not60

§53201 Definitions

Title 46 › Subtitle Subtitle V— Merchant Marine › Part C— Financial Assistance Programs › Chapter 532— CABLE SECURITY FLEET › § 53201

Last updated Apr 5, 2026|Official source

Summary

Defines key words used later in the chapter. Cable services covers work on submarine cables — putting them in place, keeping them working, fixing them, and the ship operations tied to that work. A cable vessel is a ship classed as a cable ship by the American Bureau of Shipping or another classification society the Secretary accepts, and able to install, maintain, and repair submarine cables. Cable Fleet refers to the Cable Security Fleet in section 53202(a). Contingency Agreement and Operating Agreement are the specific contracts required by sections 53207 and 53203. A Contractor is a vessel owner or operator that signs an Operating Agreement with the Secretary under section 53203. Fiscal year runs from October 1 through September 30. Operating Agency is the part of the Department of Defense the Secretary of Defense assigns under this chapter. Person includes corporations, partnerships, and associations under U.S. or foreign law. Secretary means the Secretary of Transportation. United States includes the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. A United States citizen trust must meet rules: it must be set up under state law, have trustees who are U.S. citizens, and include with a chapter 121 vessel documentation application an affidavit from each trustee saying they know of no reason that any beneficiary or other person who is not a U.S. citizen would hold more than 25 percent of the total power to influence or limit a trustee’s authority on ownership or operation matters that could harm U.S. interests. If any non‑U.S. person can direct or help direct trustees on such matters or remove a trustee without cause, the trust is not qualified unless its rules limit non‑U.S. persons to no more than 25 percent of the total authority to direct or remove a trustee. That rule does not stop a non‑U.S. person from owning more than 25 percent of the trust’s beneficial interest.

Full Legal Text

Title 46, §53201

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In this chapter:
(1)The term “cable services” means the installation, maintenance, or repair of submarine cables and related equipment, and related cable vessel operations.
(2)The term “cable vessel” means a vessel—
(A)classed as a cable ship or cable vessel by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by the Secretary; and
(B)capable of installing, maintaining, and repairing submarine cables.
(3)The term “Cable Fleet” means the Cable Security Fleet established under section 53202(a).
(4)The term “Contingency Agreement” means the agreement required by section 53207.
(5)The term “Contractor” means an owner or operator of a vessel that enters into an Operating Agreement for a cable vessel with the Secretary under section 53203.
(6)The term “fiscal year” means any annual period beginning on October 1 and ending on September 30.
(7)The term “Operating Agency” means that agency or component of the Department of Defense so designated by the Secretary of Defense under this chapter.
(8)The terms “Operating Agreement” or “Agreement” mean the agreement required by section 53203.
(9)The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
(10)The term “Secretary” means the Secretary of Transportation.
(11)The term “United States” includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(12)(A)Subject to paragraph (C), the term “United States citizen trust” means a trust that is qualified under this paragraph.
(B)A trust is qualified under this paragraph with respect to a vessel only if—
(i)it was created under the laws of a state of the United States;
(ii)each of the trustees is a citizen of the United States; and
(iii)the application for documentation of the vessel under chapter 121 of this title includes the 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 that 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.
(C)If any person that is not a citizen of the United States has authority to direct, or participate in directing, the 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 for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph 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 direct or remove a trustee.
(D)This paragraph shall not be considered to prohibit a person who is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.

Reference

Citations & Metadata

Citation

46 U.S.C. § 53201

Title 46Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60