§ 53101. Definitions
In this chapter:
(1)
Bulk cargo.—
The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count.
(2)
Contractor.—
The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section
53103.
(4)
Foreign commerce.—
The term “foreign commerce”—
(A)
subject to subparagraph (B), means—
(B)
includes, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in such manner as will permit United States-documented vessels freely to compete with foreign-flag bulk carrying vessels in their operation or in competing for charters, subject to rules and regulations promulgated by the Secretary of Transportation pursuant to this chapter or subtitle D of the Maritime Security Act of 2003.
(6)
Participating fleet vessel.—
The term “participating fleet vessel” means any vessel that—
(7)
Person.—
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.
(8)
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.
(10)
Tank vessel.—
The term “tank vessel” has the meaning that term has under section
2101 of this title.
(11)
United states.—
The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands.
(12)
United states citizen trust.—
(A)
Subject to subparagraph (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—
(ii)
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 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 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 so direct or remove a trustee.
(13)
United states-documented vessel.—
The term “United States-documented vessel” means a vessel documented under chapter
121 of this title.
[1] See References in Text note below.