[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7814]


[[Page Unknown]]

[Federal Register: April 1, 1994]


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INTERNATIONAL TRADE COMMISSION
INTERSTATE COMMERCE COMMISSION

[No. 41051 and 41053]

 

Burlington Northern Railroad Co.; Petition for Declaratory Order; 
M.C. Terminals, Inc. and M.C. Terminals, Inc.; Petition for Declaratory 
Order; Burlington Northern Railroad Co.

AGENCY: Interstate Commerce Commission.

ACTION: Notice of institution of declaratory order proceeding.

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SUMMARY: Burlington Northern Railroad Company (BN) and M.C. Terminals, 
Inc. (MCT), have filed separate petitions seeking declaratory 
orders1 to resolve a controversy that has arisen with respect to 
BN's common carrier obligation to deliver rail cars to a non-waterfront 
marine terminal facility operated by MCT in Seattle, WA. The 
declaratory relief sought is necessary to resolve an issue that the 
parties have litigated in Federal district court and before the Federal 
Maritime Commission (FMC). Because both petitions seek resolution of 
the extent of BN's duty of delivery to MCT and whether BN has fulfilled 
that duty, they will be consolidated for disposition in a single 
decision. The petitions present a controversy sufficient to warrant the 
institution of a proceeding under 5 U.S.C. 554(e) and 49 U.S.C. 10321, 
and the Commission is instituting such a proceeding.
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    \1\ BN filed its petition on July 20, 1993. MCT filed its 
petition on July 26, 1993, and tendered an amended petition on 
October 7, 1993.

DATES: Any person interested in participating in this proceeding as a 
party of record by filing and receiving written comments must file a 
notice of intent to do so by April 11, 1994. A list of interested 
parties then will be compiled and served. Each petitioner will have 10 
days after the service date of the list to serve each party on the list 
with a copy of its petition. Other parties will have 30 days after the 
service date of the service list to submit comments to the Commission 
and to all parties. All parties will have 50 days after the service 
date of the service list to reply. All parties must send a copy of all 
comments and replies to each other party of record. The exact dates 
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will be specified in the notice accompanying the service list.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon (202) 927-5610 (TDD for 
hearing impaired: (202) 927-5721)

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Commission's decision. To purchase a copy of the full decision, write 
to, call, or pick up in person from Dynamic Concepts, Inc., room 2229, 
Interstate Commerce Commission Building, Washington, DC 20423. 
Telephone: (202) 289-4357/4359. (Assistance for the hearing impaired is 
available through TDD services (202) 927-5271).

    Decided: March 25, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-7814 Filed 3-31-94; 8:45 am]
BILLING CODE 7035-01-P