I 

112TH CONGRESS 

1ST SESSION H. R. 3321 

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2011 

Mr. HERGER introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘America’s Cup Act 

5 of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) 34TH AMERICA’S CUP.—The term ‘‘34th 

2 America’s Cup’’— 

3 (A) means the sailing competitions, com4 mencing in 2011, to be held in the United 

5 States in response to the challenge to the de6 fending team from the United States, in accord7 ance with the terms of the America’s Cup gov8 erning Deed of Gift, dated October 24, 1887; 

9 and 

10 (B) if a United States yacht club success11 fully defends the America’s Cup, includes addi12 tional sailing competitions conducted by Amer13 ica’s Cup Race Management during the 1-year 

14 period beginning on the last date of such de15 fense. 

16 (2) AMERICA’S CUP RACE MANAGEMENT.—The 

17 term ‘‘America’s Cup Race Management’’ means the 

18 entity established to provide for independent, profes19 sional, and neutral race management of the Amer20 ica’s Cup sailing competitions. 

21 (3) ELIGIBILITY CERTIFICATION.—The term 

22 ‘‘Eligibility Certification’’ means a certification 

23 issued under section 4. 


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1 (4) ELIGIBLE VESSEL.—The term ‘‘eligible ves2 sel’’ means a competing vessel or supporting vessel 

3 of any registry that— 

4 (A) is recognized by America’s Cup Race 

5 Management as an official competing vessel, or 

6 supporting vessel of, the 34th America’s Cup, 

7 as evidenced in writing to the Administrator of 

8 the Maritime Administration of the Department 

9 of Transportation; 

10 (B) transports not more than 25 individ11 uals, in addition to the crew; 

12 (C) is not a ferry (as defined under section 

13 2101(10b) of title 46, United States Code); 

14 (D) does not transport individuals in point15 to-point service for hire; and 

16 (E) does not transport merchandise be17 tween ports in the United States. 

18 (5) SUPPORTING VESSEL.—The term ‘‘sup19 porting vessel’’ means a vessel that is operating in 

20 support of the 34th America’s Cup by— 

21 (A) positioning a competing vessel on the 

22 race course; 

23 (B) transporting equipment and supplies 

24 utilized for the staging, operations, or broadcast 

25 of the competition; or 


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1 (C) transporting individuals who— 

2 (i) have not purchased tickets or di3 rectly paid for their passage; and 

4 (ii) who are engaged in the staging, 

5 operations, or broadcast of the competi6 tion, race team personnel, members of the 

7 media, or event sponsors. 

8 SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. 

9 Notwithstanding sections 55102, 55103, and 55111 

10 of title 46, United States Code, an eligible vessel, oper11 ating only in preparation for, or in connection with, the 

12 34th America’s Cup competition, may position competing 

13 vessels and may transport individuals and equipment and 

14 supplies utilized for the staging, operations, or broadcast 

15 of the competition from and around the ports in the 

16 United States. 

17 SEC. 4. CERTIFICATION. 

18 (a) REQUIREMENT.—A vessel may not operate under 

19 section 3 unless the vessel has received an Eligibility Cer20 tification. 

21 (b) ISSUANCE.—The Administrator of the Maritime 

22 Administration of the Department of Transportation is 

23 authorized to issue an Eligibility Certification with respect 

24 to any vessel that the Administrator determines, in his or 


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1 her sole discretion, meets the requirements set forth in 

2 section 2(4). 

3 SEC. 5. ENFORCEMENT. 

4 Notwithstanding sections 55102, 55103, and 55111 

5 of title 46, United States Code, an Eligibility Certification 

6 shall be conclusive evidence to the Secretary of the De7 partment of Homeland Security of the qualification of the 

8 vessel for which it has been issued to participate in the 

9 34th America’s Cup as a competing vessel or a supporting 

10 vessel. 

11 SEC. 6. PENALTY. 

12 Any vessel participating in the 34th America’s Cup 

13 as a competing vessel or supporting vessel that has not 

14 received an Eligibility Certification or is not in compliance 

15 with section 12112 of title 46, United States Code, shall 

16 be subject to the applicable penalties provided in chapters 

17 121 and 551 of title 46, United States Code. 

18 SEC. 7. WAIVERS. 

19 (a) IN GENERAL.—Notwithstanding sections 12112 

20 and 12132 and chapter 551 of title 46, United States 

21 Code, the Secretary of the department in which the Coast 

22 Guard is operating may issue a certificate of documenta23 tion with a coastwise endorsement for each of the following 

24 vessels: 


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1 (1) M/V GEYSIR (United States official num2 ber 622178). 

3 (2) MACY–RENEE (United States official 

4 number 1107319). 

5 (3) OCEAN VERITAS (IMO number 

6 7366805). 

7 (4) LUNA (United States official number 

8 280133). 

9 (5) IL MORO DI VENEZIA IV (United States 

10 official number 1028654). 

11 (b) DOCUMENTATION OF LNG TANKERS.— 

12 (1) IN GENERAL.—Notwithstanding sections 

13 12112 and 12132 and chapter 551 of title 46, 

14 United States Code, the Secretary of the department 

15 in which the Coast Guard is operating may issue a 

16 certificate of documentation with a coastwise en17 dorsement for each of the following vessels: 

18 (A) LNG GEMINI (United States official 

19 number 595752). 

20 (B) LNG LEO (United States official 

21 number 595753). 

22 (C) LNG VIRGO (United States official 

23 number 595755). 

24 (2) LIMITATION ON OPERATION.—Coastwise 

25 trade authorized under paragraph (1) shall be limVerDate Mar 15 2010 00:01 Nov 04, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3321.IH H3321

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1 ited to carriage of natural gas, as that term is de2 fined in section 3(13) of the Deepwater Port Act of 

3 1974 (33 U.S.C. 1502(13)). 

4 (3) TERMINATION OF EFFECTIVENESS OF EN5 DORSEMENTS.—The coastwise endorsement issued 

6 under paragraph (1) for a vessel shall expire on the 

7 date of the sale of the vessel by the owner of the ves8 sel on the date of enactment of this Act to a person 

9 who is not related by ownership or control to such 

10 owner. 

11 (c) OPERATION OF A DRY DOCK.—A vessel trans12 ported in Dry Dock #2 (State of Alaska registration 

13 AIDEA FDD–2) is not merchandise for purposes of sec14 tion 55102 of title 46, United States Code, if, during such 

15 transportation, Dry Dock #2 remains connected by a util16 ity or other connecting line to pierside moorage. 

Æ 


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