---
kind: "section"
citation: "46 C.F.R. § 545.4"
title: "46"
number: "545.4"
heading: "Interpretation of Shipping Act of 1984—Unjust and unreasonable practices."
url: "https://uscodex.org/cfr/46/545.4"
---

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


[46 U.S.C. 41102(c)](/usc/46/41102.md?p=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

[83 FR 64480, Dec. 17, 2018]

### Authority

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

### Amendments

[83 FR 64480, Dec. 17, 2018]