America’s Cup Act of 2011
Public Law 112–61, as amended
America’s Cup Act of 2011
61
116–283
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20210527.1
2021-10-15
America’s Cup Act of 2011
Elijah E. Cummings Coast Guard Authorization Act of 2020
10041
112
2011-11-29
America’s Cup Act of 2011
[(Public Law 112–61)]
[As Amended Through P.L. 116–283, Enacted January 1, 2021]
[Currency: This publication is a compilation of the text of Public Law 112–61. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACTTo 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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.
(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.—
(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 ownership.—The Secretary of the department in which the Coast Guard is operating may only issue a certificate of documentation with a coastwise endorsement to a vessel designated in paragraph (1) if the owner of the vessel is an individual or individuals who are citizens of the United States, or is an entity deemed to be such a citizen under section 50501 of title 46, United States Code.
(3) Limitation on repair and modification.—
(A) Requirement.—Any qualified work shall be performed at a shipyard facility located in the United States.
(B) Exceptions.—The requirement in subparagraph (A) does not apply to any qualified work—
(i) for which the owner or operator enters into a binding agreement no later than 1 year after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020; or
(ii) necessary for the safe towage of the vessel from outside the United States to a shipyard facility in the United States for completion of the qualified work.
(C) Definition.—In this paragraph, qualified work means repair and modification necessary for the issuance of a certificate of inspection issued as a result of the waiver for which a coastwise endorsement is issued under paragraph (1).
(4) 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)).
(5) 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 to a person who is not related by ownership or control to such owner, unless prior to any such sale the vessel has been operated in a coastwise trade for not less than 1 year after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and prior to sale of vessel.
(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 located in Ketchikan, Alaska.