FMC Denies Canaveral Port Authority Petition to Consolidate

The Federal Maritime Commission (FMC) issued an Order denying the petition of Canaveral Port Authority to consolidate two related enforcement actions involving the port. The FMC had issued an Order to Show Cause why the Port should not be found in violation of the Shipping Act of 1984 for refusal to consider the application of a tug company for a tug and towing franchise. The FMC had also opened an investigation into the exclusive tug arrangements in the port. The Commission denied the petition to consolidate, finding that, while the actions were related, the parties to the two matters were not identical and the legal issues were different.