[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3537 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3537

To require all recreational vessels to have and post passenger capacity 
                     limits and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2012

  Mr. Schumer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require all recreational vessels to have and post passenger capacity 
                     limits 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 ``Boating Capacity Standards Act of 
2012''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Passenger.--The term ``passenger'' includes any 
        individual aboard a vessel.
            (2) Recreational vessel.--
                    (A) In general.--The term ``recreational vessel'' 
                means any vessel that is--
                            (i) manufactured or used primarily for 
                        pleasure; or
                            (ii) leased, rented, or chartered to a 
                        person for the pleasure of that person.
                    (B) Exclusion.--The term ``recreational vessel'' 
                does not include a vessel that is subject to Coast 
                Guard inspection and that--
                            (i) is engaged in commercial use; or
                            (ii) carries paying passengers.

SEC. 3. CAPACITY LIMITS FOR RECREATIONAL VESSELS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Commandant of the Coast Guard shall--
            (1) establish standards for determining the maximum 
        passenger capacity in whole number of passengers and in pounds 
        for recreational vessels;
            (2) require each manufacturer of a passenger vessel to post 
        such maximum passenger capacity on the passenger vessel as 
        described in subsection (b); and
            (3) require each operator of a passenger vessel to ensure 
        that--
                    (A) such maximum passenger capacity is posted as 
                described in subsection (b) and legible to passengers; 
                and
                    (B) notice of the need to balance the weight 
                carried by the vessel to avoid capsizing is posted as 
                described in subsection (b) and legible to passengers.
    (b) Elements of Display.--The maximum passenger capacity, maximum 
carrying capacity in pounds, and notice of the need to balance the 
carried weight for a passenger vessel shall each be permanently 
displayed in a legible matter and located so as to be clearly visible 
to a passenger boarding the passenger vessel.
    (c) Penalties.--Not later than 180 days after the date of the 
enactment of this Act, the Commandant of the Coast Guard shall publish 
regulations that establish appropriate penalties for a manufacturer of 
a recreational vessel that does not comply with the requirements of 
this section.
    (d) Application.--The requirements of this section shall apply to 
any recreational vessel manufactured after the date that is 180 days 
after the date of the enactment of this Act.
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