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 E—Exempt Transactions Under 49 U.S.C. 10902 for Class III Rail Carriers

49 C.F.R. § 1150.41

Scope of exemption

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Except as indicated in paragraphs (a) through (d) of this section, this exemption applies to acquisitions or operations by Class III rail carriers under section 10902. 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 of Decisions
Cited in 3 cases, 2010–2020 · leading case: Friends of Eel River v. North Coast Ry. Auth.
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Friends of Eel River v. North Coast Ry. Auth. (2017) cal “(See 49 C.F.R. § 1150.41 (2016) [acquisition or operation by class III rail carrier].”
Snohomish County, Washington v. STB (2020) cadc “Second, in April 2013, Ballard, a Class III carrier, filed a notice of exemption under 49 C.F.R. § 1150.41 , seeking Board authorization to operate over the freight rail easement through its lease with Eastside.”
Canadian National Railway Co. v. Montreal, Maine & Atlantic Railway, Inc. (2010) med “Once the easement, the TRA, and JSA were in place, Canadian National filed a Notice of Exemption with the Surface Transportation Board (STB) under 49 C.F.R. § 1150.41 to obtain STB authorization to exercise the rights under the easement, and a Notice of Exemption with the *193…”
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