{"identifier":"/us/usc/t46/s53401","title":46,"num":"\u00a7\u202f53401.","heading":"Definitions","text":"\u00a7\u202f53401.\nDefinitions\nIn this chapter:\n(1)\nForeign commerce.\u2014\nThe term \u201cforeign commerce\u201d means\u2014\n(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and\n(B) commerce or trade between foreign countries.\n(2)\nParticipating fleet vessel.\u2014\nThe term \u201cparticipating Fleet vessel\u201d means any product tank vessel covered by an operating agreement under this chapter on or after\n(A) meets the requirements of one of paragraphs (1) through (4) of\nsection 53402(b) of this title\n(B) is no more than 20 years of age.\n(3)\nPerson.\u2014\nThe term \u201cperson\u201d 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.\n(4)\nProduct tank vessel.\u2014\nThe term \u201cproduct tank vessel\u201d means a double-hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.\n(5)\nProgram participant.\u2014\nThe term \u201cprogram participant\u201d 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.\n(6)\nSecretary.\u2014\nThe term \u201cSecretary\u201d means the Secretary of Transportation, unless the context indicates otherwise.\n(7)\nUnited states citizen trust.\u2014\nThe term \u201cUnited States citizen trust\u201d\u2014\n(A) means a trust for which\u2014\n(i) each of the trustees is a citizen of the United States; and\n(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;\n(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\n(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.\n(8)\nLong term charter.\u2014\nThe term \u201clong term charter\u201d 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.","url":"https://projectusc.org/usc/t46/s53401.html","content":[{"t":"sec","id":"/us/usc/t46/s53401","children":[{"t":"num","text":"\u00a7\u202f53401."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t46/s53401/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Foreign commerce.\u2014"},{"t":"chapeau","text":"The term \u201cforeign commerce\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t46/s53401/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s53401/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" commerce or trade between foreign countries.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s53401/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Participating fleet vessel.\u2014"},{"t":"chapeau","text":"The term \u201cparticipating Fleet vessel\u201d means any product tank vessel covered by an operating agreement under this chapter on or after ","children":[{"t":"text","text":"January 1, 2022","tail":", that\u2014"}]},{"t":"subpara","id":"/us/usc/t46/s53401/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" meets the requirements of one of paragraphs (1) through (4) of ","children":[{"t":"ref","text":"section 53402(b) of this title","href":"/us/usc/t46/s53402/b","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s53401/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is no more than 20 years of age.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s53401/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Person.\u2014"},{"t":"content","text":"The term \u201cperson\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s53401/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Product tank vessel.\u2014"},{"t":"content","text":"The term \u201cproduct tank vessel\u201d means a double-hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s53401/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Program participant.\u2014"},{"t":"content","text":"The term \u201cprogram participant\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s53401/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Secretary.\u2014"},{"t":"content","text":"The term \u201cSecretary\u201d means the Secretary of Transportation, unless the context indicates otherwise.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s53401/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"United states citizen trust.\u2014"},{"t":"chapeau","text":"The term \u201cUnited States citizen trust\u201d\u2014"},{"t":"subpara","id":"/us/usc/t46/s53401/7/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" means a trust for which\u2014"},{"t":"clause","id":"/us/usc/t46/s53401/7/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" each of the trustees is a citizen of the United States; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t46/s53401/7/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s53401/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s53401/7/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s53401/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Long term charter.\u2014"},{"t":"content","text":"The term \u201clong term charter\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}