---
kind: "section"
citation: "49 U.S.C. § 10906"
title: "49"
title_heading: "Transportation"
number: "10906"
heading: "Exception"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/10906"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part A — Rail"
  - "Chapter 109 — Licensing"
---

# §10906. Exception


Notwithstanding [section 10901](/usc/49/10901.md) and subchapter II of [chapter 113](/usc/49/chstIV/ptA/ch113.md) of this title, and without the approval of the [Board](/usc/49/10102.md?p=1), a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part may enter into arrangements for the joint ownership or joint use of spur, industrial, team, switching, or side tracks. The [Board](/usc/49/10102.md?p=1) does not have authority under this chapter over construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks.


## Source credit

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 827.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 10907 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

A prior section 10906, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1406, related to offering abandoned rail properties for sale for public purposes, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 10905 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.