---
kind: "section"
citation: "46 U.S.C. § 53501"
title: "46"
title_heading: "Shipping"
number: "53501"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/53501"
units:
  - "Subtitle V — Merchant Marine"
  - "Part C — Financial Assistance Programs"
  - "Chapter 535 — Capital Construction Funds"
---

# §53501. Definitions


In this chapter:

- (1) **Agreement vessel.—** The term “agreement vessel” means—
  - (A) an [eligible vessel](#2) or a [qualified vessel](#5) that is subject to an [agreement](/usc/46/53201.md?p=8) under this chapter; and
  - (B) a barge or container that is part of the complement of a [vessel](#9) described in [subparagraph (A)](#1-A) if provided for in the [agreement](/usc/46/53201.md?p=8).
- (2) **Eligible vessel.—** The term “eligible vessel” means—
  - (A) a [vessel](#9)—
    - (i) constructed in the [United States](/usc/46/53101.md?p=10) (and, if reconstructed, reconstructed in the [United States](/usc/46/53101.md?p=10)), constructed outside the [United States](/usc/46/53101.md?p=10) but documented under the laws of the [United States](/usc/46/53101.md?p=10) on April 15, 1970, or constructed outside the [United States](/usc/46/53101.md?p=10) for use in the [United States foreign trade](#8) pursuant to a contract made before April 15, 1970;
    - (ii) documented under the laws of the [United States](/usc/46/53101.md?p=10); and
    - (iii) operated in the foreign or domestic trade of the [United States](/usc/46/53101.md?p=10) or in the fisheries of the [United States](/usc/46/53101.md?p=10); and
  - (B) a commercial [fishing vessel](/usc/46/53701.md?p=6)—
    - (i) constructed in the [United States](/usc/46/53101.md?p=10) and, if reconstructed, reconstructed in the [United States](/usc/46/53101.md?p=10);
    - (ii) of at least 2 net tons but less than 5 net tons;
    - (iii) owned by a citizen of the [United States](/usc/46/53101.md?p=10);
    - (iv) having its home port in the [United States](/usc/46/53101.md?p=10); and
    - (v) operated in the commercial fisheries of the [United States](/usc/46/53101.md?p=10).
- (3) **Joint regulations.—** The term “joint regulations” means regulations prescribed jointly by the [Secretary](/usc/46/53101.md?p=8) and the [Secretary](/usc/46/53101.md?p=8) of the Treasury under [section 53502(b) of this title](/usc/46/53502.md?p=b).
- (4) **Noncontiguous trade.—** The term “noncontiguous trade” means—
  - (A) trade between—
    - (i) one of the contiguous 48 States; and
    - (ii) Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the [United States](/usc/46/53101.md?p=10); and
  - (B) trade between—
    - (i) a place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the [United States](/usc/46/53101.md?p=10); and
    - (ii) another place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the [United States](/usc/46/53101.md?p=10).
- (5) **Qualified vessel.—** The term “qualified vessel” means—
  - (A) a [vessel](#9)—
    - (i) constructed in the [United States](/usc/46/53101.md?p=10) (and, if reconstructed, reconstructed in the [United States](/usc/46/53101.md?p=10)), constructed outside the [United States](/usc/46/53101.md?p=10) but documented under the laws of the [United States](/usc/46/53101.md?p=10) on April 15, 1970, or constructed outside the [United States](/usc/46/53101.md?p=10) for use in the [United States foreign trade](#8) pursuant to a contract made before April 15, 1970;
    - (ii) documented under the laws of the [United States](/usc/46/53101.md?p=10); and
    - (iii) agreed, between the [Secretary](/usc/46/53101.md?p=8) and the [person](/usc/46/53101.md?p=6) maintaining the capital [construction](/usc/46/53701.md?p=3) fund established under [section 53503 of this title](/usc/46/53503.md), to be operated in the foreign or domestic trade of the [United States](/usc/46/53101.md?p=10) or in the fisheries of the [United States](/usc/46/53101.md?p=10); and
  - (B) a commercial [fishing vessel](/usc/46/53701.md?p=6)—
    - (i) constructed in the [United States](/usc/46/53101.md?p=10) and, if reconstructed, reconstructed in the [United States](/usc/46/53101.md?p=10);
    - (ii) of at least 2 net tons but less than 5 net tons;
    - (iii) owned by a citizen of the [United States](/usc/46/53101.md?p=10);
    - (iv) having its home port in the [United States](/usc/46/53101.md?p=10); and
    - (v) operated in the commercial fisheries of the [United States](/usc/46/53101.md?p=10).
- (6) **Secretary.—** The term “[Secretary](/usc/46/53101.md?p=8)” means—
  - (A) the [Secretary](/usc/46/53101.md?p=8) of Commerce with respect to an [eligible vessel](#2) or a [qualified vessel](#5) operated or to be operated in the fisheries of the [United States](/usc/46/53101.md?p=10); and
  - (B) the [Secretary](/usc/46/53101.md?p=8) of Transportation with respect to other [vessels](#9).
- (7) **Short sea transportation trade.—** The term “short sea transportation trade” means the carriage by [vessel](#9) of [cargo](/usc/46/53901.md?p=2)—
  - (A) that is—
    - (i) contained in intermodal [cargo](/usc/46/53901.md?p=2) containers and loaded by crane on the [vessel](#9); or
    - (ii) loaded on the [vessel](#9) by means of wheeled technology; and
  - (B) that is—
    - (i) loaded at a port in the [United States](/usc/46/53101.md?p=10) and unloaded either at another port in the [United States](/usc/46/53101.md?p=10) or at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or
    - (ii) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the [United States](/usc/46/53101.md?p=10).
- (8) **United states foreign trade.—** The term “United States foreign trade” includes those areas in domestic trade in which a [vessel](#9) built with a [construction](/usc/46/53701.md?p=3)-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936.
- (9) **Vessel.—** The term “vessel” includes—
  - (A) [cargo](/usc/46/53901.md?p=2) handling equipment that the [Secretary](/usc/46/53101.md?p=8) determines is intended for use primarily on the [vessel](#9); and
  - (B) an ocean-going [towing vessel](/usc/46/2101.md?p=54), an ocean-going barge, or a comparable [towing vessel](/usc/46/2101.md?p=54) or barge operated on the Great Lakes.

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1591; Pub. L. 110–140, title XI, § 1122(a), Dec. 19, 2007, 121 Stat. 1762; Pub. L. 115–232, div. C, title XXXV, § 3546(q), Aug. 13, 2018, 132 Stat. 2327; Pub. L. 117–263, div. C, title XXXV, § 3544, Dec. 23, 2022, 136 Stat. 3100.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 53501(1) | 46 App.:1177(b)(3), (k)(3). | June 29, 1936, ch. 858, title VI, § 607(b)(3), (k)(1)–(3), (5)–(9), 49 Stat. 2005; June 23, 1938, ch. 600, §§ 23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, § 10, 53 Stat. 1185; July 17, 1952, ch. 939, §§ 17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 592; Pub. L. 86–518, § 1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, § 6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, § 21(a), Oct. 21, 1970, 84 Stat. 1027, 1031, 1032; Pub. L. 93–116, Oct. 1, 1973, 87 Stat. 421; Pub. L. 97–31, § 12(97), Aug. 6, 1981, 95 Stat. 162; Pub. L. 115–232, div. C, title XXXV, § 3546(q), Aug. 13, 2018, 132 Stat. 2327. |
| 53501(2) | 46 App.:1177(k)(1). |  |
|  | 46 App.:1177–1. | Pub. L. 94–455, title VIII, § 807, Oct. 4, 1976, 90 Stat. 1606. |
| 53501(3) | 46 App.:1177(k)(6). |  |
| 53501(4) | 46 App.:1177(k)(8). |  |
| 53501(5) | 46 App.:1177(k)(1) (last sentence), (2). |  |
|  | 46 App.:1177–1. |  |
| 53501(6) | 46 App.:1177(k)(9). |  |
| 53501(7) | 46 App.:1177(k)(5). |  |
| 53501(8) | 46 App.:1177(k)(7). |  |

The codification of the laws in this chapter is not intended to alter the existing jurisdictional relationship of the Secretaries who administer those laws.

In paragraph (2)(A)(iii), the word “trade” is substituted for “commerce” for consistency in the chapter.

### Editorial Notes

### References in Text

Section 506 of the Merchant Marine Act, 1936, referred to in par. (8), is section 506 of act June 29, 1936, ch. 858, 49 Stat. 1985, which is set out as a note under section 53101 of this title.

### Amendments

2022—Par. (5)(A)(iii). Pub. L. 117–263 substituted “foreign or domestic trade of the United States” for “United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade”.

2018—Par. (5)(A)(iii). Pub. L. 115–232, § 3546(q)(1), substituted “transportation trade or” for “transportation trade trade or”.

Par. (7). Pub. L. 115–232, § 3546(q)(3), struck out par. (7), as added by Pub. L. 109–304, § 8(c), which read as follows: “The term ‘United States foreign trade’ includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936.”

Pars. (8), (9). Pub. L. 115–232, § 3546(q)(2), (4), added par. (8) and redesignated former par. (8) as (9).

2007—Par. (5)(A)(iii). Pub. L. 110–140, § 1122(a)(1), substituted “noncontiguous domestic, or short sea transportation trade” for “or noncontiguous domestic”.

Par. (7). Pub. L. 110–140, § 1122(a)(2), added par. (7) relating to short sea transportation trade.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.