46 C.F.R. § 545.4
Interpretation of Shipping Act of 1984—Unjust and unreasonable practices
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 of Decisions
Cited in 2
cases (2 in the last 5 years), 2022–2024 · leading case: Evergreen Shipping Agency (Am.) Corp. v. FMC, 106 F.4th 1113 (D.C. Cir. 2024).
Evergreen Shipping Agency (Am.) Corp. v. FMC, 106 F.4th 1113 (D.C. Cir. 2024). “§ 41102 (c); see also 46 C.F.R. § 545.4 . In 2016, a group of trade associations representing a broad array of inter- ests in the shipping industry petitioned the FMC for a rule “to clarify what constitutes ‘just and reasonable rules and prac- tices’ with respect to the…”
Crocus Investments, LLC v. FMC, No. 21-1199 (D.C. Cir. July 29, 2022). “at 64,479, which is that a party is liable only for “acts or omissions * * * occurring on a normal, customary, and continuous basis[,]” 46 C.F.R. § 545.4 (b). On remand, the administrative law judge concluded that, while Crocus had demonstrated that Marine Transport unreasonably…”
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