Sec. 709. NEGOTIATIONS
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## SEC. 709 NEGOTIATIONS ###
(a)Concerted Action Section 41105 of title 46, United States Code, is amended— ####
(1)by redesignating paragraphs
(5)through
(8)as paragraphs
(7)through (10), respectively; and ####
(2)by inserting after paragraph
(4)the following: > > #### “(5) > > negotiate with a tug or towing vessel service provider on any matter relating to rates or services provided within the United States by those tugs or towing vessels; > > > #### “(6) > > with respect to a vessel operated by an ocean common carrier within the United States, negotiate for the purchase of certain covered services, unless the negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this part, except that this paragraph does not prohibit the setting and publishing of a joint through rate by a conference, joint venture, or association of ocean common carriers;” > . ###
(b)Authority Chapter 411 of title 46, United States Code, is amended— ####
(1)by inserting after section 41105 the following: > > ## “SEC. § 41105A Authorit > > **[**[46 U.S.C. 41105A](/us/usc/t46/s41105A)**]** > > “Nothing in section 41105, as amended by the Federal Maritime Commission Authorization Act of 2017, shall be construed to limit the authority of the Department of Justice regarding antitrust matters.” > ; and ####
(2)**[**[46 U.S.C. 41101](/us/usc/t46/s41101)**]** in the analysis at the beginning of chapter 411, by inserting after the item relating to section 41105 the following:" “41105A. Authority.” ". ###
(c)Exemption Section 40307(b)(1) of title 46, United States Code, is amended by inserting “tug operators,” after “motor carriers,”.
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- 46 USC 41105A
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