Decision 34276
Served (printed as 8/12/2004) · Decision · Entire Board
(1) DENIED THE TOWN OF MILFORD, MA'S (MILFORD) PETITION TO INSTITUTE A DECLARATORY ORDER PROCEEDING, BECAUSE THE APPLICATION OF LAW TO THE FACTS IS CLEAR, YIELDING A RESULT FAVORABLE TO MILFORD; AND (2) FOUND THAT THE PLANNED NONCARRIER TRANSLOADING ACTIVITIES DO NOT CONSTITUTE 'TRANSPORTATION BY RAIL CARRIER' UNDER 49 U.S.C. 10501 AND, THEREFORE, ARE OUTSIDE THE BOARD'S JURISDICTION AND SUBJECT TO STATE AND LOCAL LAWS AND REGULATIONS.
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