49 C.F.R. Subpart E—Exempt Transactions Under 49 U.S.C. 10902 for Class III Rail Carriers
Title 49 - Transportation
Source: 61 FR 32355, June 24, 1996, unless otherwise noted.
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. (a) This exemption applies to the acquisition of rail lines with projected annual revenues which, together with the acquiring carrier's projected annual revenue, do not exceed the annual revenue of a Class III railroad. To qualify for this exemption, the Class III rail carrier applicant must file a verified notice providing details about the transaction, and a brief caption summary, conforming to the format in §1150.44, for publication in the (b) The exemption will be effective 7 days after the notice is filed. The Board, through the Director of the Office of Proceedings, will publish a notice in the (c) If the notice contains false or misleading information, the exemption is void ab initio. A petition to revoke under 49 U.S.C. 10502(d) does not automatically stay the exemption. (d) Applicant must preserve intact all sites and structures more than 50 years old until compliance with the requirements of section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, is achieved. (e) If the projected annual revenue of the rail lines to be acquired or operated, together with the acquiring carrier's projected annual revenue, exceeds $5 million, the applicant must, at least 60 days before the exemption becomes effective, post a notice of applicant's intent to undertake the proposed transaction at the workplace of the employees on the affected line(s) and serve a copy of the notice on the national offices of the labor unions with employees on the affected line(s), setting forth the types and numbers of jobs expected to be available, the terms of employment and principles of employee selection, and the lines that are to be transferred, and certify to the Board that it has done so. [61 FR 32355, June 24, 1996, as amended at 62 FR 47584, Sept. 10, 1997] (a) The full name and address of the Class III rail carrier applicant; (b) The name, address, and telephone number of the representative of the applicant who should receive correspondence; (c) A statement that an agreement has been reached or details about when an agreement will be reached; (d) The operator of the property; (e) A brief summary of the proposed transaction, including: (1) The name and address of the railroad transferring the subject property to the Class III rail carrier applicant; (2) The proposed time schedule for consummation of the transaction; (3) The mileposts of the subject property, including any branch lines; and (4) The total route miles being acquired; (f) A map that clearly indicates the area to be served, including origins, termini, stations, cities, counties, and states; and (g) A certificate that applicant's projected revenues as a result of the transaction will not result in the creation of a Class II or Class I rail carrier so as to require processing under §1150.45. The caption summary must be in the following form. The information symbolized by numbers is identified in the key as follows: Surface Transportation Board Notice of Exemption STB Finance Docket No. (1)—Exemption (2)–(3) (1) Has filed a notice of exemption to (2) (3)'s line between (4). Comments must be filed with the Board and served on (5). (6). Key to symbols: (1) Name of carrier acquiring or operating the line. (2) The type of transaction, e.g., to acquire or operate. (3) The transferor. (4) Describe the line. (5) Petitioner's representative, address, and telephone number. (6) Cross reference to other class exemptions being used. The notice is filed under 49 CFR 1150.41. If the notice contains false or misleading information, the exemption is void ab initio. The filing of a petition to revoke will not automatically stay the transaction. [61 FR 32355, June 24, 1996; 61 FR 36965, July 15, 1996] (a) To qualify for this exemption, applicant must serve a notice of intent to file a notice of exemption no later than 14 days before the notice of exemption is filed with the Board, and applicant must comply with the notice requirement of §1150.42(e). (b) The notice of intent must contain all the information required in §1150.43 plus: (1) A general statement of service intentions; and (2) A general statement of labor impacts. (c) The notice of intent must be served on: (1) The Governor of each state in which track is to be sold; (2) The state(s) Department of Transportation or equivalent agency; (3) The national offices of the labor unions with employees on the affected line(s); and (4) Shippers representing at least 50 percent of the volume of local traffic and traffic originating or terminating on the line(s) in the most recent 12 months for which data are available (beginning with the largest shipper and working down). (d) Applicant must also file a verified notice of exemption conforming to the requirements of paragraph (b) of this section and of §1150.44, and certify compliance with paragraphs (a), (b), and (c) of this section, attaching a copy of the notice of intent. In addition to the written submission, the notice must be submitted on a 3.5-inch diskette formatted for WordPerfect 5.1. (e) The exemption will be effective 21 days after the notice is filed. The Board, through the Director of the Office of Proceedings, will publish a notice in the (f) If the notice contains false or misleading information, the exemption is void ab initio. A petition to revoke under 49 U.S.C. 10502(d) does not automatically stay the transaction. Stay petitions must be filed within 7 days of the filing of the notice of exemption. Replies will be due 7 days thereafter. To be considered, stay petitions must be timely served on the applicant. (g) Applicant must preserve intact all sites and structures more than 50 years old until compliance with the requirements of section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, is achieved. [61 FR 32355, June 24, 1996, as amended at 62 FR 47584, Sept. 10, 1997]
Title 49: Transportation
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
§ 1150.41 Scope of exemption.
§ 1150.42 Procedures and relevant dates for small line acquisitions.
§ 1150.43 Information to be contained in notice for small line acquisitions.
§ 1150.44 Caption summary.
§ 1150.45 Procedures and relevant dates—transactions under section 10902 that involve creation of Class I or Class II rail carriers.
