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.