§ 294.3 Definitions.

For the purposes of this part:

(a)

Administrator

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

(b)

Agreement Holder

means the owner or operator of a 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 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. chapter 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 SecDef, or charters vessels to SecDef, and has entered into a special security agreement with SecDef.

(k)

Documentation Citizen

means a person able to document a vessel under 46 U.S.C. chapter 121. This definition includes a United States Citizen Trust.

(l)

DoD

means the United States Department of Defense.

(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.

es Department of Defense.

(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)

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.

(q)

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.

(r)

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.

(s)

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.

(t)

Product tank vessel

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

(u)

SecDef

means the Secretary of Defense.

(v)

Secretary

means the Secretary of Transportation unless the context indicates otherwise.

(w)

Section 50501 citizen

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

(x)

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.

ss the context indicates otherwise.

(w)

Section 50501 citizen

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

(x)

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.

(y)

United States Citizen Trust

means:

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

(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. chapter 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 definition 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.

ly 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 definition 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.

(z)

USTRANSCOM

means United States Transportation Command.

(aa)

Vessel of the United States

means a merchant vessel that has been documented under 46 U.S.C. chapter 121.