(a) Section 11(a) of the Shipping Act of 1984 (46 U.S.C. 41301(a)) permits any person to file a complaint with the Commission claiming a violation occurring in connection with the foreign commerce of the United States and to seek reparation for any injury caused by that violation.
(b) With the consent of both parties, claims filed under this subpart in the amount of $50,000 or less will be decided by a Small Claims Officer appointed by the Federal Maritime Commission's Chief Administrative Law Judge, without the necessity of formal proceedings under the rules of this part. Authority to issue decisions under this subpart is delegated to the appointed Small Claims Officer.
(c) Determination of claims under this subpart shall be administratively final and conclusive. [Rule 301.]
[49 FR 44369, Nov. 6, 1984, as amended at 64 FR 7812, Feb. 17, 1999; 66 FR 43513, Aug. 20, 2001; 74 FR 50716, Oct. 1, 2009; 79 FR 46715, Aug. 11, 2014]
Notes of Decisions
Adenariwo v. Fed. Mar. Comm'n, 808 F.3d 74 (D.C. Cir. 2015).
· cites it 2× “Because we conclude that the Commission improperly reduced Adenari-wo’s award for the loss of the equipment in the second container, we vacate the decision relating to that container and remand for award of the full amount supported by the record without mitigation and permitted…”
Evergreen Shipping Agency (Am.) Corp. v. FMC (D.C. Cir. 2026).
“See 46 C.F.R. § 502.301 (b). B. TCW’s Delayed Equipment Return As highlighted in the introduction to this opinion, Yamaha contracted with Evergreen to transport a shipment from Japan to the Port of Savannah.”
MacBride Nig. Ltd. v. Fed. Mar. Comm'n (D.D.C. 2013).
“46 C.F.R. § 502.301 (b). The decision reached by the Settlement Officer is considered a final order after thirty days unless the Commission exercises its “discretionary right” to review.”
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