46 U.S.C. § 53401: Definitions

Summary

Defines key words used in the chapter. Foreign commerce means trade between the United States (including its territories and D.C.) and a foreign country, or trade between foreign countries. Participating fleet vessel means a product tank vessel covered by an operating agreement under this chapter on or after January 1, 2022, that meets one of paragraphs (1)–(4) of section 53402(b) and is no more than 20 years old. Person includes corporations, partnerships, and associations created or allowed by U.S., state, territorial, district, or foreign law. Product tank vessel means a double-hulled tank ship that can carry more than two separate grades of refined petroleum products at once. Program participant means an owner or operator who signs an operating agreement with the Secretary under section 53403. Secretary means the Secretary of Transportation unless the context says otherwise. United States citizen trust means a trust whose trustees are U.S. citizens and that includes affidavits about beneficiaries so no one would hold more than 25 percent of the power to influence or limit a trustee’s authority over vessel ownership or operation; it excludes trusts where non‑U.S. persons can direct or remove trustees unless the trust limits their authority to 25 percent or less, and it may include trusts where a non‑U.S. person owns more than 25 percent of the beneficial interest. Long term charter means any time charter of a product tank vessel to the U.S. Government that runs continuously for more than 180 days, including options.

Title 46, §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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Par. (8). Pub. L. 117–81 added par. (8).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283, div. C, title XXXV, § 3511(d), Jan. 1, 2021, 134 Stat. 4419, provided that: “(1) In general.—This section [enacting this chapter and provisions set out as a note under section 53402 of this title] shall take effect on the date on which the Secretary of Defense—“(A) has completed the report on United States flagged fuel tanker vessel capacity as required by section 3519 of the National Defense Authorization Act for Fiscal Year 2020 [Pub. L. 116–92, 133 Stat. 1987]; “(B) has submitted that report to the appropriate committees of Congress; “(C) publishes certification—“(i) that a program for United States-flagged fuel tanker vessels as prescribed in chapter 534 of title 46, United States Code, as amended by this section, for the purpose of providing additional United States-flagged fuel tanker vessels is in the national security interest of the United State; and “(ii) of the number of such additional tankers covered under such a program that could be necessary to meet Department of Defense wartime requirements. “(2) Appropriate committees of congress defined.—In this section the term ‘appropriate committees of Congress’ means—“(A) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and “(B) the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.”

§53401 Definitions