Page:United States Statutes at Large Volume 120.djvu/1557

 120 STAT. 1526

PUBLIC LAW 109–304—OCT. 6, 2006 ‘‘(14) MARINE TERMINAL OPERATOR.—The term ‘marine terminal operator’ means a person engaged in the United States in the business of providing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier, or in connection with a common carrier and a water carrier subject to subchapter II of chapter 135 of title 49. ‘‘(15) MARITIME LABOR AGREEMENT.—The term ‘maritime labor agreement’— ‘‘(A) means— ‘‘(i) a collective bargaining agreement between an employer subject to this part, or a group of such employers, and a labor organization representing employees in the maritime or stevedoring industry; ‘‘(ii) an agreement preparatory to such a collective bargaining agreement among members of a multiemployer bargaining group; or ‘‘(iii) an agreement specifically implementing provisions of such a collective bargaining agreement or providing for the formation, financing, or administration of a multi-employer bargaining group; but ‘‘(B) does not include an assessment agreement. ‘‘(16) NON-VESSEL-OPERATING COMMON CARRIER.—The term ‘non-vessel-operating common carrier’ means a common carrier that— ‘‘(A) does not operate the vessels by which the ocean transportation is provided; and ‘‘(B) is a shipper in its relationship with an ocean common carrier. ‘‘(17) OCEAN COMMON CARRIER.—The term ‘ocean common carrier’ means a vessel-operating common carrier. ‘‘(18) OCEAN FREIGHT FORWARDER.—The term ‘ocean freight forwarder’ means a person that— ‘‘(A) in the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and ‘‘(B) processes the documentation or performs related activities incident to those shipments. ‘‘(19) OCEAN TRANSPORTATION INTERMEDIARY.—The term ‘ocean transportation intermediary’ means an ocean freight forwarder or a non-vessel-operating common carrier. ‘‘(20) SERVICE CONTRACT.—The term ‘service contract’ means a written contract, other than a bill of lading or receipt, between one or more shippers, on the one hand, and an individual ocean common carrier or an agreement between or among ocean common carriers, on the other, in which— ‘‘(A) the shipper or shippers commit to providing a certain volume or portion of cargo over a fixed time period; and ‘‘(B) the ocean common carrier or the agreement commits to a certain rate or rate schedule and a defined service level, such as assured space, transit time, port rotation, or similar service features. ‘‘(21) SHIPMENT.—The term ‘shipment’ means all of the cargo carried under the terms of a single bill of lading. ‘‘(22) SHIPPER.—The term ‘shipper’ means— ‘‘(A) a cargo owner;

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