Decision 43777
Served (printed as 8/28/2014) · Decision · Entire Board
DECISION HELD IN ABEYANCE A REQUEST THAT THE BOARD ISSUE A DECLARATORY ORDER FINDING THAT THE CONSTRUCTION AND OPERATION OF RAIL TRACK IN YAPHANK, SUFFOLK COUNTY, N.Y., ARE: (1) SUBJECT TO THE BOARD'S JURISDICTION AND THE RESULTING PREEMPTION OF STATE AND LOCAL PERMITTING AND PRECLEARANCE REQUIREMENTS; AND (2) EXEMPT FROM THE BOARD'S LICENSING AND ENVIRONMENTAL REGULATION BECAUSE THE TRACK IS A SPUR.
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