Page:United States Statutes at Large Volume 112 Part 3.djvu/81

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PUBLIC LAW 105-258—OCT. 14, 1998 112 STAT. 1911 (2) striking "freight forwarder," in paragraph (1) and inserting "transportation intermediary,"; (3) striking "subsection (b)(ll), (12), and (16)" and inserting "subsections (b)( 10) and (13)"; and (4) adding at the end thereof the following: "(4) No marine terminal operator may give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any person. "(5) The prohibition in subsection (b)(13) of this section applies to ocean transportation intermediaries, as defined by section 3( 17)(A) of this Act". SEC. 110. COMPLAINTS, INVESTIGATIONS, REPORTS, AND REPARA- TIONS. Section 11(g) of the Shipping Act of 1984 (46 U.S.C. App. 1710(g)) is amended by— (1) striking "section 10(b)(5) or (7)" and inserting "section 10(b)(3) or (6)"; and (2) striking "section 10(b)(6)(A) or (B)" and inserting "section 10(b)(4)(A) or (B).". SEC. 111. FOREIGN SHIPPING PRACTICES ACT OF 1988. Section 10002 of the Foreign Shipping Practices Act of 1988 (46 U.S.C. App. 1710a) is amended by— (1) striking " *non-vessel-operating common carrier'," in subsection (a)(1) and inserting "'ocean transportation intermediary',"; (2) striking "forwarding and" in subsection (a)(4); (3) striking "non-vessel-operating common carrier" in subsection (a)(4) and inserting "ocean transportation intermediary services and"; (4) striking "freight forwarder," in subsections (c)(1) and (d)(1) and inserting "transportation intermediary,"; (5) striking "filed with the Commission," in subsection (e)(1)(B) and inserting "and service contracts,"; (6) inserting "gind service contracts" after "tariffs" the second place it appears in subsection (e)(1)(B); and (7) striking "(b)(5)" each place it appears in subsection (h) and inserting "(b)(6)". SEC. 112. PENALTIES. (a) Section 13(a) of the Shipping Act of 1984 (46 U.S.C. App. 1712(a)) is amended by adding at the end thereof the following: "The amount of any penalty imposed upon a common carrier under this subsection shall constitute a lien upon the vessels operated by that common carrier and any such vessel may be libeled therefore in the district court of the United States for the district in which it may be found.". (b) Section 13(b) of the Shipping Act of 1984 (46 U.S.C. App. 1712(b)) is amended by— (1) striking "section 10(b)(1), (2), (3), (4), or (8)" in paragraph (1) and insertin^r "section 10(b)(1), (2), or (7)"; (2) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; (3) inserting before paragraph (5), as redesignated, the following: