Page:United States Statutes at Large Volume 112 Part 3.djvu/80

 112 STAT. 1910 PUBLIC LAW 105-258—OCT. 14, 1998 (10) striking paragraphs (9) through (13) and inserting the following: "(8) for service pursuant to a tariff, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage; "(9) for service pursuant to a service contract, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any port; "(10) unreasonably refuse to deal or negotiate;"; (11) redesignating paragraphs (14), (15), and (16) as paragraphs (11), (12), and (13), respectively; (12) striking "a non-vessel-operating common carrier" in paragraphs (11) and (12) as redesignated and inserting "an ocean transportation intermediary"; (13) striking "sections 8 and 23" in paragraphs (11) and (12) as redesignated aind inserting "sections 8 and 19"; (14) striking "or in which an ocean transportation intermediary is listed as an affiliate" in paragraph (12), as redesignated; (15) striking "Act;" in paragraph (12), as redesignated, and inserting "Act, or with an affiliate of such ocean transportation intermediary;" (16) striking "paragraph (16)" in the matter appearing after paragraph (13), as redesignated, and inserting "paragraph (13)"; and (17) inserting "the Commission," after "United States," in (b) Section io(c) of the Shipping Act of 1984 (46 U.S.C. App. 1709(c)) is amended by— (1) striking "non-ocean carriers" in paragraph (4) and inserting "non-ocean carriers, unless such negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this Act"; (2) striking "freight forwarder" in paragraph (5) and inserting "transportation intermediary, as defined by section 3(17)(A) of this Act,"; (3) striking "or" at the end of paragraph (5); (4) striking "contract." in paragraph (6) and inserting "contract;"; and (5) adding at the end the following: "(7) for service pursuant to a service contract, engage in any unjustly discriminatory practice in the matter of rates or charges with respect to any locality, port, or persons due to those persons' status as shippers' associations or ocean transportation intermediaries; or "(8) for service pursuant to a service contract, give any imdue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any locality, port, or persons due to those persons' status as shippers' associations or ocean transportation inter- (c) Section 10(d) of the Shipping Act of 1984 (46 U.S.C. App. 1709(d)) is amended by— (1) striking "fireight forwarders," and inserting "transportation intermediaries,";

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