II 112th CONGRESS 2d Session S. 3537 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.

1.

Short title

This Act may be cited as the Boating Capacity Standards Act of 2012.

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.

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.