§1150.31. Scope of exemption.
49 C.F.R. § 1150.31
Except as indicated below, this exemption applies to all acquisitions and operations under section 10901 (See 1150.1, supra). This exemption also includes:
Acquisition by a noncarrier of rail property that would be operated by a third party;
Operation by a new carrier of rail property acquired by a third party;
A change in operators on the line; and
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).
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.
Notes, amendments, and revision history
Amendments
[51 FR 2504, Jan. 17, 1986, as amended at 81 FR 8855, Feb. 23, 2016]
Source
Source: 51 FR 2504, Jan. 17, 1986, unless otherwise noted.
Authority
Authority: 49 U.S.C. 1321(a), 10502, 10901, and 10902.
Source
Source: 47 FR 8199, Feb. 25, 1982, unless otherwise noted. Redesignated at 47 FR 49581, Nov. 1, 1982.
Amendments
[51 FR 2504, Jan. 17, 1986, as amended at 81 FR 8855, Feb. 23, 2016]