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e-CFR data is current as of February 25, 2021

Title 46Chapter IVSubchapter BPart 545 → §545.4


Title 46: Shipping
PART 545—INTERPRETATIONS AND STATEMENTS OF POLICY


§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.

[83 FR 64480, Dec. 17, 2018]

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