---
kind: "section"
citation: "49 C.F.R. § 1150.31"
title: "49"
number: "1150.31"
heading: "Scope of exemption."
url: "https://uscodex.org/cfr/49/1150.31"
---

# §1150.31. Scope of exemption.

- (a) Except as indicated below, this exemption applies to all acquisitions and operations under [section 10901](/cfr/49/10901.md) (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)](/cfr/49/1180.3.md?p=c).
- (b) Other exemptions that may be relevant to a proposal under this subpart are the exemption for control at § [1180.2(d)(1)](/cfr/49/1180.2.md?p=d-1) and [(2)](/cfr/49/1180.2.md?p=d-2), and the exemption from securities regulation at [49 CFR part 1177](/cfr/49/part1177.md).

## Notes

### 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]