Page:United States Statutes at Large Volume 120.djvu/1555

 120 STAT. 1524

PUBLIC LAW 109–304—OCT. 6, 2006 ‘‘(A) means a written or oral understanding, arrangement, or association, and any modification or cancellation thereof; but ‘‘(B) does not include a maritime labor agreement. ‘‘(2) ANTITRUST LAWS.—The term ‘antitrust laws’ means— ‘‘(A) the Sherman Act (15 U.S.C. 1 et seq.); ‘‘(B) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9); ‘‘(C) the Clayton Act (15 U.S.C. 12 et seq.); ‘‘(D) the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a); ‘‘(E) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); ‘‘(F) the Antitrust Civil Process Act (15 U.S.C. 1311 et seq.); and ‘‘(G) Acts supplementary to those Acts. ‘‘(3) ASSESSMENT AGREEMENT.—The term ‘assessment agreement’ means an agreement, whether part of a collective bargaining agreement or negotiated separately, to the extent the agreement provides for the funding of collectively bargained fringe-benefit obligations on other than a uniform worker-hour basis, regardless of the cargo handled or type of vessel or equipment used. ‘‘(4) BULK CARGO.—The term ‘bulk cargo’ means cargo that is loaded and carried in bulk without mark or count. ‘‘(5) CHEMICAL PARCEL-TANKER.—The term ‘chemical parceltanker’ means a vessel that has— ‘‘(A) a cargo-carrying capability consisting of individual cargo tanks for bulk chemicals that— ‘‘(i) are a permanent part of the vessel; and ‘‘(ii) have segregation capability with piping systems to permit simultaneous carriage of several bulk chemical cargoes with minimum risk of cross-contamination; and ‘‘(B) a valid certificate of fitness under the International Maritime Organization Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk. ‘‘(6) COMMON CARRIER.—The term ‘common carrier’— ‘‘(A) means a person that— ‘‘(i) holds itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation; ‘‘(ii) assumes responsibility for the transportation from the port or point of receipt to the port or point of destination; and ‘‘(iii) uses, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country; but ‘‘(B) does not include a carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker, or by vessel when primarily engaged in the carriage of perishable agricultural commodities—

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