§545.4. Interpretation of Shipping Act of 1984—Unjust and unreasonable practices.

46 C.F.R. § 545.4

46 U.S.C. 41102(c) is interpreted to require the following elements in order to establish a successful claim for reparations:

(a)

The respondent is an ocean common carrier, marine terminal operator, or ocean transportation intermediary;

(b)

The claimed acts or omissions of the regulated entity are occurring on a normal, customary, and continuous basis;

(c)

The practice or regulation relates to or is connected with receiving, handling, storing, or delivering property;

(d)

The practice or regulation is unjust or unreasonable; and

(e)

The practice or regulation is the proximate cause of the claimed loss.

Notes, amendments, and revision history

[83 FR 64480, Dec. 17, 2018]

Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40307, 40501-40503, 41101-41106, and 40901-40904; 46 CFR 515.23

[83 FR 64480, Dec. 17, 2018]