Page:United States Statutes at Large Volume 112 Part 3.djvu/82

 112 STAT. 1912 PUBLIC LAW 105-258—OCT. 14, 1998 "(4) If the Commission finds, after notice and an opportunity for a hearing, that a common carrier has failed to supply information ordered to be produced or compelled by subpoena under section 12 of this Act, the Commission may request that the Secretary of the Treasury refuse or revoke any clearance required for a vessel operated by that common carrier. Upon request by the Commission, the Secretary of the Treasury shall, with respect to the vessel concerned, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)."; and (4) striking "pguragraphs (1), (2), and (3)" in paragraph (6), as redesignated, and inserting "paragraphs (1), (2), (3), and (4)". (c) Section 13(f)(1) of the Shipping Act of 1984 (46 U.S.C. App. 1712(f)(1)) is amended by— (1) striking "or (b)(4)" and inserting "or (b)(2)"; (2) striking "(b)(1), (4)" and inserting "(b)(1), (2)"; and (3) adding at the end thereof the following "Neither the Commission nor any court shall order any person to pay the difference between the amount billed and agreed upon in writing with a common carrier or its agent and the amount set forth in any tariff or service contract by that common carrier for the transportation service provided.". SEC. 113. REPORTS AND CERTIFICATES. Section 15 of the Shipping Act of 1984 (46 U.S.C. App. 1714) is amended by— (1) striking "and certificates" in the section heading; (2) striking "(a) REPORTS.— " in the subsection heading for subsection (a); and (3) striking subsection (b). SEC. 114. EXEMPTIONS. Section 16 of the Shipping Act of 1984 (46 U.S.C. App. 1715) is amended by striking "substantially impair effective regulation by the Commission, be unjustly discriminatory, result in a substantial reduction in competition, or be detrimental to commerce." and inserting "result in substantial reduction in competition or be detrimental to commerce.". SEC. 115. AGENCY REPORTS AND ADVISORY COMMISSION. Section 18 of the Shipping Act of 1984 (46 U.S.C. App. 1717) is repealed. SEC. 116. OCEAN FREIGHT FORWARDERS. Section 19 of the Shipping Act of 1984 (46 U.S.C. App. 1718) is amended by— (1) striking "freight forwarders" in the section caption and inserting "transportation intermediaries"; (2) striking subsection (a) and inserting the following: "(a) LICENSE.— No person in the United States may act as an ocean transportation intermediary unless that person holds a license issued by the Commission. The Commission shall issue an intermediarys license to any person that the Commission determines to be qualified by experience and character to act as an ocean transportation intermediary."; (3) redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;

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