Page:United States Statutes at Large Volume 118.djvu/1074

 118 STAT. 1044 PUBLIC LAW 108–293—AUG. 9, 2004 ‘‘(3) When a corporation violates section 4307(a), or fails to comply with the Secretary’s decision under section 4310(f), any director, officer, or executive employee of the corporation who know ingly and willfully ordered, or knowingly and willfully authorized, a violation is individually liable to the Government for a penalty under paragraphs (1) or (2) in addition to the corporation. However, the director, officer, or executive employee is not liable individually under this subsection if the director, officer, or executive employee can demonstrate by a preponderance of the evidence that— ‘‘(A) the order or authorization was issued on the basis of a decision, in exercising reasonable and prudent judgment, that the defect or the nonconformity with standards and regula tions constituting the violation would not cause or constitute a substantial risk of personal injury to the public; and ‘‘(B) at the time of the order or authorization, the director, officer, or executive employee advised the Secretary in writing of acting under this subparagraph and subparagraph (A).’’. SEC. 407. REVISION OF TEMPORARY SUSPENSION CRITERIA IN DOCU MENT SUSPENSION AND REVOCATION CASES. Section 7702(d) of title 46, United States Code, is amended— (1) in paragraph (1) by striking ‘‘if, when acting under the authority of that license, certificate, or document—’’ and inserting ‘‘if—’’; (2) in paragraph (1)(B)(i), by inserting ‘‘, while acting under the authority of that license, certificate, or document,’’ after ‘‘has’’; (3) by striking ‘‘or’’ after the semicolon at the end of para graph (1)(B)(ii); (4) by striking the period at the end of paragraph (1)(B)(iii) and inserting ‘‘; or’’; and (5) by adding at the end of paragraph (1)(B) the following: ‘‘(iv) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.’’. SEC. 408. REVISION OF BASES FOR DOCUMENT SUSPENSION AND REV OCATION CASES. Section 7703 of title 46, United States Code, is amended— (1) in paragraph (1)(B)— (A) by striking ‘‘incompetence,’’; and (B) by striking the comma after ‘‘misconduct’’; (2) by striking ‘‘or’’ after the semicolon at the end of para graph (2); (3) by striking the period at the end of paragraph (3) and inserting a semicolon; and (4) by adding at the end the following: ‘‘(4) has committed an act of incompetence relating to the operation of a vessel; or ‘‘(5) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.’’. SEC. 409. HOURS OF SERVICE ON TOWING VESSELS. (a) REGULATIONS.—Section 8904 of title 46, United States Code, is amended by adding at the end of the following:

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