Page:United States Statutes at Large Volume 112 Part 3.djvu/76

 112 STAT. 1906 PUBLIC LAW 105-258—OCT. 14, 1998 Confidentiality. Public information. "(1) IN GENERAL.— An individual ocean common carrier or an agreement between or among ocean common carriers may enter into a service contract with one or more shippers subject to the requirements of this Act. The exclusive remedy for a breach of a contract entered into under this subsection shall be an action in an appropriate court, unless the parties otherwise agree. In no case may the contract dispute resolution forum be controlled by or in any way affiliated with a controlled carrier as defined in section 3(8) of this Act, or by the government which owns or controls the carrier. "(2) FILING REQUIREMENTS.—Except for service contracts dealing with bulk CEirgo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper, or paper waste, each contract entered into under this subsection by an individual ocean common carrier or an agreement shall be filed confidentially with the Commission. Each service contract shall include the following essential terms— "(A) the origin and destination port ranges; "(B) the origin and destination geographic areas in the case of through intermodal movements; "(C) the commodity or commodities involved; "(D) the minimum volume or portion; "(E) the line-haul rate; "(F) the duration; "(G) service commitments; and "(H) the liquidated damages for nonperformance, if any. "(3) PUBLICATION OF CERTAIN TERMS. —When a service contract is filed confidentially with the Commission, a concise statement of the essential terms described in paragraphs 2 (A), (C), (D), and (F) shall be published and made available to the general public in tariff format. "(4) DISCLOSURE OF CERTAIN TERMS. — "(A) An ocean common carrier, which is a party to or is subject to the provisions of a collective bargaining agreement with a labor organization, shall, in response to a written request by such labor organization, state whether it is responsible for the following work at dock areas and within port areas in the United States with respect to cargo transportation under a service contract described in paragraph (1) of this subsection— "(i) the movement of the shipper's cargo on a dock area or within the port area or to or from redlroad cars on a dock area or within the port area; "(ii) the assignment of intraport carriage of the shipper's cargo between areas on a dock or within the port area; "(iii) the assignment of the carriage of the shipper's cargo between a container yard on a dock area or within the port area and a rail yard adjacent to such container yard; and "(iv) the assignment of container freight station work and container maintenance and repair work performed at a dock area or within the port area. "(B) The common carrier shall provide the information described in subparagraph (A) of this paragraph to the

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