SETTLEMENT PLAN SOUGHT FOR LOWER MISSISSIPPI RIVER TUG FRANCHISES

SETTLEMENT PLAN SOUGHT FOR LOWER MISSISSIPPI RIVER TUG FRANCHISES    The U.S. Federal Maritime Commission issued an order considering the possible creation of settlement procedures regarding the exclusive tug franchises adopted by marine terminal operators on the Lower Mississippi River.
   FMC Chief Administrative Law Judge Norman D. Kline said at least six of the 12 marine terminal operators have asked that he establish a settlement procedure, and appoint himself as settlement judge while remaining as the trial judge.
   The agency’s Bureau of Enforcement opposes the appointment of a settlement judge or use of the FMC’s Alternative Dispute Resolution program, because it would cause “undue delay.” The bureau also said the settlement judge should not be the same as the trial judge.
   Kline agrees with the Bureau of Enforcement that the settlement judge and trial judge should not be the same person. The judge also questions his authority to order settlement negotiations and seeks the commission’s guidance on this matter.