FMC denies PeaveyÆs petition to reconsider common-carrier ruling
The Federal Maritime Commission has issued an order denying a request from Peavey Co., a marine terminal operator on the lower Mississippi River, that the commission reconsider a ruling relating to the common carrier status of foreign vessels calling at Peavey's terminal.
Peavey had originally asked that the FMC issue orders pursuant to Section 15 of the Shipping Act of 1984 to several overseas companies in order to obtain information concerning the status of such foreign-origin ships.
The FMC originally rejected Peavey's request, saying that the terminal operator had failed to use its own subpoena power in a timely manner. Peavey then petitioned for reconsideration, asserting that the FMC had 'set up circumstances' whereby the desired information, 'likely in the possession of third parties outside the U.S., will not be available to Peavey ' and the commission.'
The FMC's Bureau of Enforcement contended that Peavey's petition 'should be summarily rejected.' The bureau noted that the FMC's power to grant Section 15 orders is discretionary, and that in previous case law, Section 15 orders have not been issued on behalf of private parties. The commission then rejected Peavey's petition for reconsideration.