Page:United States Statutes at Large Volume 112 Part 3.djvu/79

 PUBLIC LAW 105-258—OCT. 14, 1998 112 STAT. 1909 this section, the Commission shall determine whether the rates, charges, classifications, rules, or regulations of a controlled carrier may be unjust and unreasonable."; (10) striking "filed" in subsection (d) and inserting "published or assessed"; (11) striking "may issue" in subsection (d) and inserting "shall issue"; (12) striking "disapproved." in subsection (d) and inserting "prohibited."; (13) striking "60" in subsection (d) and inserting "30"; (14) inserting "controlled" after "affected" in subsection (d); (15) striking "file" in subsection (d) and inserting "publish"; (16) striking "disapproval" in subsection (e) and inserting "prohibition"; (17) inserting "or" after the semicolon in subsection (f)(1); (18) striking paragraphs (2), (3), and (4) of subsection (f); and (19) redesignating paragraph (5) of subsection (f) as paragraph (2). SEC. 109. PROHIBITED ACTS. (a) Section 10(b) of the Shipping Act of 1984 (46 U.S.C. App. 1709(b)) is amended by— (1) striking paragraphs (1) through (3); (2) redesignating paragraph (4) as paragraph (1); (3) inserting after paragraph (1), as redesignated, the following: "(2) provide service in the liner trade that— "(A) is not in accordance with the rates, charges, classifications, rules, and practices contained in a tariff published or a service contract entered into under section 8 of this Act unless excepted or exempted under section 8(a)(1) or 16 of this Act; or "(B) is under a tariff or service contract which has been suspended or prohibited by the Commission under section 9 of this Act or the Foreign Shipping Practices Act of 1988 (46 U.S.C. App. 1710a);"; (4) redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively; (5) striking "except for service contracts," in paragraph (4), as redesignated, and inserting "for service pursuant to a tariff,"; (6) striking "rates;" in paragraph (4)(A), as redesignated, and inserting "rates or charges;"; (7) inserting after paragraph (4), as redesignated, the following: "(5) for service pursuant to a service contract, engage in any unfair or unjustly discriminatory practice in the matter of rates or charges with respect to any port;"; (8) redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; (9) striking paragraph (6) as redesignated and inserting the following: "(6) use a vessel or vessels in a particular trade for the purpose of excluding, preventing, or reducing competition by driving another ocean common carrier out of that trade;";

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