118 STAT. 1043 PUBLIC LAW 108–293—AUG. 9, 2004 SEC. 402. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG CONVICTIONS IN SUSPENSION AND REVOCATION CASES. Section 7704(b) of title 46, United States Code, is amended by inserting ‘‘suspended or’’ after ‘‘shall be’’. SEC. 403. RECORDS OF MERCHANT MARINERS’ DOCUMENTS. Section 7319 of title 46, United States Code, is amended by striking the second sentence. SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CERTAIN CITI ZENSHIP REQUIREMENTS. (a) LIMITATION ON COMMAND.—Section 12110(d) of title 46, United States Code, is amended by inserting ‘‘or an unmanned barge operating outside of the territorial waters of the United States,’’ after ‘‘recreational endorsement,’’. (b) PENALTY.—Section 12122(b)(6) of title 46, United States Code, is amended by inserting ‘‘or an unmanned barge operating outside of the territorial waters of the United States,’’ after ‘‘rec reational endorsement,’’. SEC. 405. COMPLIANCE WITH INTERNATIONAL SAFETY MANAGEMENT CODE. (a) APPLICATION OF EXISTING LAW.—Section 3202(a) of title 46, United States Code, is amended to read as follows: ‘‘(a) MANDATORY APPLICATION.—This chapter applies to a vessel that— ‘‘(1)(A) is transporting more than 12 passengers described in section 2101(21)(A) of this title; or ‘‘(B) is of at least 500 gross tons as measured under section 14302 of this title and is a tanker, freight vessel, bulk freight vessel, high speed freight vessel, or self propelled mobile off shore drilling unit; and ‘‘(2)(A) is engaged on a foreign voyage; or ‘‘(B) is a foreign vessel departing from a place under the jurisdiction of the United States on a voyage, any part of which is on the high seas.’’. (b) COMPLIANCE OF REGULATIONS WITH INTERNATIONAL SAFETY MANAGEMENT CODE.—Section 3203(b) of title 46, United States Code, is amended by striking ‘‘vessels engaged on a foreign voyage.’’ and inserting ‘‘vessels to which this chapter applies under section 3202(a) of this title.’’. SEC. 406. PENALTIES. Section 4311(b) of title 46, United States Code, is amended to read as follows: ‘‘(b)(1) A person violating section 4307(a)of this title is liable to the United States Government for a civil penalty of not more than $5,000, except that the maximum civil penalty may be not more than $250,000 for a related series of violations. ‘‘(2) If the Secretary decides under section 4310(f) that a rec reational vessel or associated equipment contains a defect related to safety or fails to comply with an applicable regulation and directs the manufacturer to provide the notifications specified in this chapter, any person, including a director, officer or executive employee of a corporation, who knowingly and willfully fails to comply with that order, may be fined not more than $10,000, imprisoned for not more than one year, or both.
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