# 49 C.F.R. § 1150.31 (2026): Scope of exemption

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T49_P1150_S1150_31

## Section

- **Citation:** 49 C.F.R. § 1150.31 (2026)
- **Heading:** Scope of exemption
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 49 CFR: Transportation / Chapter X: SURFACE TRANSPORTATION BOARD / Part 1150: CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD LINES / Subpart D: Exempt Transactions Under 49 U.S.C. 10901 / § 1150.31: § 1150.31   Scope of exemption.

## Text

(a) Except as indicated below, this exemption applies to all acquisitions and operations under section 10901 (
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).
(b) Other exemptions that may be relevant to a proposal under this subpart are the exemption for control at § 1180.2(d)(1) and (2), and the exemption from securities regulation at 49 CFR part 1177.
[51 FR 2504, Jan. 17, 1986, as amended at 81 FR 8855, Feb. 23, 2016]

## Nearby sections

- [49 C.F.R. § 1150.31 (2026) § 1150.31   Scope of exemption.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1150_S1150_31.md)
- [49 C.F.R. § 1150.32 (2026) § 1150.32   Procedures and relevant dates—transactions that involve creation of Class III carriers.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1150_S1150_32.md)
- [49 C.F.R. § 1150.33 (2026) § 1150.33   Information to be contained in notice—transactions that involve creation of Class III carriers.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1150_S1150_33.md)
- [49 C.F.R. § 1150.34 (2026) § 1150.34   Caption summary—transactions that involve creation of Class III carriers.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1150_S1150_34.md)
- [49 C.F.R. § 1150.35 (2026) § 1150.35   Procedures and relevant dates—transactions that involve creation of Class I or Class II carriers.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1150_S1150_35.md)
- [49 C.F.R. § 1150.36 (2026) § 1150.36   Exempt construction of connecting track.](https://www.frixlaw.com/law-library/statutes/CFR_T49_P1150_S1150_36.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T49_P1150_S1150_31. Check the current official text before relying on it. Not legal advice.