Section 545.4 - Interpretation of Shipping Act of 1984-Unjust and unreasonable practices46 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