46 U.S.C. § 53401 — Definitions

(1) Foreign commerce means (A) trade between the United States (including its territories, possessions, or the District of Columbia) and a foreign country, and (B) trade between two foreign countries. (2) 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 one of the four tests in paragraphs (1) through (4) of section 53402(b), and (B) is no more than 20 years old. (3) Person includes corporations, partnerships, and associations formed under United States federal, state, territorial, or foreign law. (4) Product tank vessel means a double-hulled tank vessel that can carry more than 2 separate grades of refined petroleum products at the same time. (5) Program participant means the owner or operator of a vessel who signs an operating agreement covering a participating fleet vessel with the Secretary under section 53403. (6) Secretary means the Secretary of Transportation, unless the context shows otherwise. (7) United States citizen trust: (A) This term means a trust for which (i) every trustee is a U.S. citizen, and (ii) the vessel's documentation application includes a sworn statement from each trustee saying they know of no reason a non-citizen beneficiary, or any other non-citizen, would end up holding more than 25 percent of the combined power to control the trustee on matters of vessel ownership or operation that could hurt United States interests. (B) The term does not include a trust where a non-citizen can direct, or help direct, a trustee on those same matters, or remove a trustee without cause, either directly or indirectly through control of someone else — unless the trust document limits non-citizens' combined power to direct or remove a trustee to 25 percent or less. (C) The term can still include a trust where a non-citizen owns more than 25 percent of the trust's financial (beneficial) interest — only voting and control power is capped. (8) Long term charter means any time charter of a product tank vessel to the U.S. Government that, counting any options, lasts for a continuous period of more than 180 days.