[112th Congress Public Law 61]
[From the U.S. Government Printing Office]
[[Page 125 STAT. 753]]
Public Law 112-61
112th Congress
An Act
To facilitate the hosting in the United States of the 34th America's Cup
by authorizing certain eligible vessels to participate in activities
related to the competition, and for other purposes. <<NOTE: Nov. 29,
2011 - [H.R. 3321]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: America's Cup
Act of 2011.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Cup Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 34th america's cup.--The term ``34th America's Cup''--
(A) means the sailing competitions, commencing in
2011, to be held in the United States in response to the
challenge to the defending team from the United States,
in accordance with the terms of the America's Cup
governing Deed of Gift, dated October 24, 1887; and
(B) if a United States yacht club successfully
defends the America's Cup, includes additional sailing
competitions conducted by America's Cup Race Management
during the 1-year period beginning on the last date of
such defense.
(2) America's cup race management.--The term ``America's Cup
Race Management'' means the entity established to provide for
independent, professional, and neutral race management of the
America's Cup sailing competitions.
(3) Eligibility certification.--The term ``Eligibility
Certification'' means a certification issued under section 4.
(4) Eligible vessel.--The term ``eligible vessel'' means a
competing vessel or supporting vessel of any registry that--
(A) is recognized by America's Cup Race Management
as an official competing vessel, or supporting vessel
of, the 34th America's Cup, as evidenced in writing to
the Administrator of the Maritime Administration of the
Department of Transportation;
(B) transports not more than 25 individuals, in
addition to the crew;
(C) is not a ferry (as defined under section
2101(10b) of title 46, United States Code);
(D) does not transport individuals in point-to-point
service for hire; and
(E) does not transport merchandise between ports in
the United States.
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(5) Supporting vessel.--The term ``supporting vessel'' means
a vessel that is operating in support of the 34th America's Cup
by--
(A) positioning a competing vessel on the race
course;
(B) transporting equipment and supplies utilized for
the staging, operations, or broadcast of the
competition; or
(C) transporting individuals who--
(i) have not purchased tickets or directly
paid for their passage; and
(ii) who are engaged in the staging,
operations, or broadcast of the competition, race
team personnel, members of the media, or event
sponsors.
SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS.
Notwithstanding sections 55102, 55103, and 55111 of title 46, United
States Code, an eligible vessel, operating only in preparation for, or
in connection with, the 34th America's Cup competition, may position
competing vessels and may transport individuals and equipment and
supplies utilized for the staging, operations, or broadcast of the
competition from and around the ports in the United States.
SEC. 4. CERTIFICATION.
(a) Requirement.--A vessel may not operate under section 3 unless
the vessel has received an Eligibility Certification.
(b) Issuance.--The Administrator of the Maritime Administration of
the Department of Transportation is authorized to issue an Eligibility
Certification with respect to any vessel that the Administrator
determines, in his or her sole discretion, meets the requirements set
forth in section 2(4).
SEC. 5. ENFORCEMENT.
Notwithstanding sections 55102, 55103, and 55111 of title 46, United
States Code, an Eligibility Certification shall be conclusive evidence
to the Secretary of the Department of Homeland Security of the
qualification of the vessel for which it has been issued to participate
in the 34th America's Cup as a competing vessel or a supporting vessel.
SEC. 6. PENALTY.
Any vessel participating in the 34th America's Cup as a competing
vessel or supporting vessel that has not received an Eligibility
Certification or is not in compliance with section 12112 of title 46,
United States Code, shall be subject to the applicable penalties
provided in chapters 121 and 551 of title 46, United States Code.
SEC. 7. WAIVERS.
(a) In General.--Notwithstanding sections 12112 and 12132 and
chapter 551 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a certificate
of documentation with a coastwise endorsement for each of the following
vessels:
(1) M/V GEYSIR (United States official number 622178).
(2) OCEAN VERITAS (IMO number 7366805).
(3) LUNA (United States official number 280133).
(b) Documentation of LNG Tankers.--
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(1) In general.--Notwithstanding sections 12112 and 12132
and chapter 551 of title 46, United States Code, the Secretary
of the department in which the Coast Guard is operating may
issue a certificate of documentation with a coastwise
endorsement for each of the following vessels:
(A) LNG GEMINI (United States official number
595752).
(B) LNG LEO (United States official number 595753).
(C) LNG VIRGO (United States official number
595755).
(2) Limitation on operation.--Coastwise trade authorized
under paragraph (1) shall be limited to carriage of natural gas,
as that term is defined in section 3(13) of the Deepwater Port
Act of 1974 (33 U.S.C. 1502(13)).
(3) Termination of effectiveness of endorsements.--The
coastwise endorsement issued under paragraph (1) for a vessel
shall expire on the date of the sale of the vessel by the owner
of the vessel on the date of enactment of this Act to a person
who is not related by ownership or control to such owner.
(c) Operation of a Dry Dock.--A vessel transported in Dry Dock #2
(State of Alaska registration AIDEA FDD-2) is not merchandise for
purposes of section 55102 of title 46, United States Code, if, during
such transportation, Dry Dock #2 remains connected by a utility or other
connecting line to pierside moorage.
Approved November 29, 2011.
LEGISLATIVE HISTORY--H.R. 3321 (S. 1759):
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CONGRESSIONAL RECORD, Vol. 157 (2011):
Nov. 4, considered and passed House.
Nov. 17, considered and passed Senate, amended.
Nov. 18, House concurred in Senate amendment.
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