Sec. 10. CHARGE COMPLAINTS
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## SEC. 10 CHARGE COMPLAINTS ###
(a)In General Chapter 413 of title 46, United States Code, is amended by adding at the end the following: > > ## “SEC. 41310 Charge complaints > > **[**[46 U.S.C. 41310](/us/usc/t46/s41310)**]** > > > ### “(a) In General > > A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning complaints about charges assessed by a common carrier. The information submitted to the Commission shall include the bill of lading numbers and invoices, and may include any other relevant information. > > > ### “(b) Investigation > > Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a) and section 41102. The common carrier shall— > > > #### “(1) > > be provided an opportunity to submit additional information related to the charge in question; and > > > #### “(2) > > bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to section 545.5 of title 46, Code of Federal Regulations (or successor regulations). > > > ### “(c) Refund > > Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a) or 41102, the Commission shall promptly order the refund of charges paid. > > > ### “(d) Penalties > > In the event of a finding that a charge does not comply with section 41104(a) or 41102 after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge. > > > ### “(e) Considerations > > If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider— > > > #### “(1) > > whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and > > > #### “(2) > > whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections
(c)and (d).” > . ###
(b)Clerical Amendment **[**[46 U.S.C. 41301](/us/usc/t46/s41301)**]** The analysis for chapter 413 of title 46, United States Code, is amended by adding at the end the following:" “41310. Charge complaints.” ".
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