C.F.R. » Title 49 » CHAPTER X—SURFACE TRANSPORTATION BOARD › SUBCHAPTER B—RULES OF PRACTICE › PART 1150—CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD LINES › Subpart A—Applications Under 49 U.S.C. 10901

49 C.F.R. § 1150.1

Introduction

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(a) When an application is required. This subpart governs applications under 49 U.S.C. 10901 for a certificate of public convenience and necessity authorizing the construction, acquisition or operation of railroad lines. Noncarriers require Board approval under section 10901 to construct, acquire or operate a rail line in interstate commerce. Existing carriers require approval under section 10901 only to construct a new rail line or operate a line owned by a noncarrier, since acquisition by a carrier of an active rail line owned by a carrier is covered by 49 U.S.C. 11323. We have exempted from these requirements the acquisition by a State entity of a rail line that has been approved for abandonment, as well as operations over these lines. See subpart C of this part. In addition, where appropriate, we have granted individual exemptions from these certification requirements. See 49 U.S.C. 10502.

(b) Content of the application. Applications filed under this subpart shall include the information set forth in §§ 1150.2 through 1150.9. The applicant must also comply with the Energy and Environmental Regulations at 49 CFR parts 1106 and 1105 (including consulting with the Board's Office of Environmental Analysis at least 6 months prior to filing an application, to begin the scoping process to identify environmental issues and outline procedures for analysis of this aspect of the proposal).

[47 FR 8199, Feb. 25, 1982, as amended at 64 FR 53268, Oct. 1, 1999; 69 FR 58366, Sept. 30, 2004; 83 FR 15079, Apr. 9, 2018]
Notes of Decisions
Cited in 11 cases, 1985–2020 · leading case: Christensen v. BNSF Ry. Co., 242 F. Supp. 3d 1186 (D. Kan. 2017).
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Christensen v. BNSF Ry. Co., 242 F. Supp. 3d 1186 (D. Kan. 2017). “, 49 C.F.R. §§ 1150.1 -.10 (containing regulations for seeking a construction permit); 49 U.”
Patrick W. Simmons v. Interstate Com. Comm'n & United States of Am., Ass'n of Am. Railroads, Intervenors, 829 F.2d 150 (D.C. Cir. 1987). · cites it 4× “49 C.F.R. § 1150.1 (a); see 49 U.S.C. § 10901 (1982).”
United Transp. Union-Illinois Legislative Bd. v. Interstate Com. Comm'n & United States of Am., 52 F.3d 1074 (D.C. Cir. 1995). · cites it 3× “” 49 C.F.R. § 1150.1 (a); see generally Simmons v.”
James E. Redden v. Interstate Com. Comm'n & United States of Am., Csx Transp., Inc., Kokomo Grain Co., Inc., Intervenors, 956 F.2d 302 (D.C. Cir. 1992). · cites it 2× “See 49 C.F.R. § 1150.1 (a) (1991); see also Application Procedures for a Certificate to Construct, Acquire or Operate Railroad Lines, 365 I.”
Jack O. Black v. Interstate Com. Comm'n & United States of Am., 762 F.2d 106 (D.C. Cir. 1985). “516 (1982) (adopting revised rule now codified at 49 C.F.R. § 1150.1 (a)). We have no occasion here to express any opinion with respect to that Commission action, which is currently pending review before another panel of this Court in Simmons v.”
United Transp. Union-Illinois Legislative Bd. v. Surface Transp. Bd., 175 F.3d 163 (D.C. Cir. 1999). · cites it 3× “See 49 C.F.R. § 1150.1 (a) (“Existing carriers require approval under section 10901 only to construct a new rail line or operate a line owned by a noncarrier, since acquisition by a carrier of an active rail line owned by a carrier is covered by 49 U.”
Ry. Labor Executives' Ass'n v. Wheeling Acquisition Corp., 736 F. Supp. 1397 (E.D. Va. 1990). · cites it 2× “See 49 C.F.R. § 1150.1 (a). Soon after signing the purchase agreement, Wheeling invoked this exemption, which became effective on February 2, 1990.”
Snohomish Cnty., Washington v. STB, 954 F.3d 290 (D.C. Cir. 2020). “See 49 C.F.R. §§ 1150.1 et seq. (describing § 10901 application requirements).”
Bar Tech., Inc. v. Conemaugh & Black Lick RR Co., 73 F. Supp. 2d 512 (W.D. Pa. 1999). · cites it 2× “Specifically, it focuses upon 49 C.F.R. § 1150.1 (a), which states that “[njoncarriers require Board approval to construct, acquire or operate a rail line in interstate commerce.”
R.R. Ventures, Inc. v. Surface Transp. Bd., 299 F.3d 523 (6th Cir. 2002). “34 to acquire an active rail line, rather than file a detailed application under 49 C.F.R. §§ 1150.1 — 1150.10. 7 . As the STB explained: If the abandonment of the line is warranted by its economics, this could well be an acceptable approach for resolving the service issues…”
Fox Valley & W. Ltd. v. Interstate Com. Comm'n, 15 F.3d 641 (7th Cir. 1994). “The latter requires the Commission’s approval for the “acquisition of control of at least 2 carriers' by a person that is not a carrier.”
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