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FMC Amends Civil Penalty Regs to Implement OSRA Changes

The Federal Maritime Commission will amend its civil penalty regulations and procedures to align them with changes made by the Ocean Shipping Reform Act of 2022. The final rule, released March 17 and effective April 19, makes changes to the language in the FMC's regulations that allows the commission to be able to "order a refund of charges" in a charge complaint proceeding, it said. The FMC also said that if a refund of charges is ordered in addition to a civil penalty, the civil penalty must be reduced so that freight carriers do not pay more than the "actual injury" caused.