§294.3. Definitions.

(a)

Administrator means the Administrator, Maritime Administration, United States Department of Transportation.

(b)

Agreement Holder means the owner or operator of a TSP Fleet Vessel, excluding a trust, that:

(1)

Meets the eligibility requirements of 46 U.S.C. 53402(c)(1), (2), (3), or (4); and

(2)

Enters into a Tanker Security Program Operating Agreement for the TSP Fleet Vessel with the Secretary of Transportation pursuant to 46 U.S.C. 53403.

(c)

Applicant means a person applying for a Tanker Security Program Operating Agreement, excluding trusts.

(d)

Classification society means the American Bureau of Shipping, or another classification society accepted by the Commandant of the United States Coast Guard.

(e)

CAP means Conditional Assessment Program, a voluntary program offered by classification societies intended to measure and document the actual technical and functional condition of tankers 15 years of age or more.

(f)

Coastwise trade means waterborne trade between points in the United States as defined in 46 U.S.C. ch. 551.

(g)

Commandant means the Commandant of the United States Coast Guard.

(h)

Commander means Commander, USTRANSCOM.

(i)

CR means continuing resolution.

(j)

Defense Contractor means a person that operates or manages United States-documented vessels for the Secretary of War, or charters vessels to the Secretary of War, and has entered into a special security agreement with the Secretary of War.

(k)

Documentation Citizen means a person able to document a vessel under 46 U.S.C. ch. 121. This paragraph (k) includes a United States Citizen Trust.

(l)

DOW means the United States Department of War.

(m)

Emergency Preparedness Agreement means a voluntary agreement established by the Maritime Administration (MARAD) under section 708 of the Defense Production Act of 1950, as amended (50 U.S.C. 4558).

(n)

Fiscal Year means an annual period beginning on October 1 and ending on September 30.

(o)

Fleet means all Tanker Security Program (TSP) Fleet Vessels at any given time.

(p)

Foreign commerce means commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and commerce or trade between foreign countries.

(q)

Noncontiguous domestic trade means the waterborne transportation of cargo between a point in the contiguous 48 States and a point in Alaska, Hawaii, or Puerto Rico, other than a point in Alaska north of the Arctic Circle.

(r)

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.

(s)

Product tank vessel means a double-hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.

(t)

Secretary means the Secretary of Transportation unless the context indicates otherwise.

(u)

Section 50501 citizen means a person meeting the statutory qualifications for United States citizenship designation under 46 U.S.C. 50501.

(v)

TSP Fleet Vessel means any product tank vessel operating under a Tanker Security Program Operating Agreement on or after January 1, 2022, that—

(1)

Meets the requirements of 46 U.S.C. 53402(b); and

(2)

Is no more than 20 years of age.

(w)

Tanker Security Program Operating Agreement— or TSP Operating Agreement means the assistance agreement between an Agreement Holder and MARAD that provides for payments under this part but is not a procurement contract.

(x)

United States Citizen Trust— means:

(1)

Subject to paragraph (x)(3) of this section, a trust that is qualified under this paragraph (x).

(2)

A trust is qualified only if—

(i)

Each of the trustees is a section 50501 citizen; and

(ii)

The application for documentation of the vessel under 46 U.S.C. ch. 121, 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 section 50501 citizen, or involving any other person that is not a section 50501 citizen, 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.

(3)

If any person that is not a section 50501 citizen 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 instrument provides that persons who are not section 50501 citizens may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee.

(4)

This paragraph (x) will not be considered to prohibit a person who is not a section 50501 citizen from holding more than 25 percent of the beneficial interest in a trust.

(y)

USTRANSCOM means United States Transportation Command.

(z)

Vessel of the United States means a merchant vessel that has been documented under 46 U.S.C. ch. 121.

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