49 CFR 1150.31 : Transportation (§ 1.1 To Parts 1581-1699) — (Parts 1000-1019 To Parts 1187-1199) — Other Regulations Relating To Transportation (Continued) (Parts 1000-1019 To Parts 1187-1199) — Surface Transportation Board (Parts 1000-1019 To Parts 1187-1199) — Rules Of Practice (Parts 1100-1129 To Parts 1187-1199) — Certificate To Construct, Acquire, Or Operate Railroad Lines (§ 1150.1 To § 1150.45) — Exempt Transactions Under 49 U.S.C. 10901 (§ 1150.31 To § 1150.36) — Scope of exemption.

(a) Except as indicated below, this exemption applies to all acquisitions and operations under section 10901 (See 1150.1, supra). This exemption also includes:

(1) Acquisition by a noncarrier of rail property that would be operated by a third party;

(2) Operation by a new carrier of rail property acquired by a third party;

(3) A change in operators on the line; and

(4) Acquisition of incidental trackage rights. Incidental trackage rights include the grant of trackage rights by the seller, or the assignment of trackage rights to operate over the line of a third party that occur at the time of the exempt acquisition or operation. This exemption does not apply when a class I railroad abandons a line and another class I railroad then acquires the line in a proposal that would result in a major market extension as defined at § 1180.3(c).

(b) Other exemptions that may be relevant to a proposal under this subpart are the exemption for control at § 1180.2(d)(1) and (2), and the exemption from securities regulation at 49 CFR part 1177.