---
kind: "section"
citation: "49 C.F.R. § 1150.41"
title: "49"
number: "1150.41"
heading: "Scope of exemption."
url: "https://uscodex.org/cfr/49/1150.41"
---

# §1150.41. Scope of exemption.


Except as indicated in [paragraphs (a) through (d)](#a..d) of this section, this exemption applies to acquisitions or operations by Class III rail carriers under [section 10902](/cfr/49/10902.md). This exemption also includes:

- (a) Acquisition by a Class III rail carrier of rail property that would be operated by a third party;
- (b) Operation by a Class III carrier of rail property acquired by a third party;
- (c) A change in operators on such a line; and
- (d) **Acquisition of incidental trackage rights.** Incidental trackage rights include the grant of trackage rights by the seller, or the acquisition of trackage rights to operate over the line of a third party, that occurs at the time of the purchase.

## Notes

### Source

Source: 61 FR 32355, June 24, 1996, 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.