and reasonably determines that such payments, services or commitments would not be eligible for inclusion in rail contracts under 49 U.S.C. 10709 , such transaction(s) shall be exempt from 49 U.S.C. 13702(a) , 13702(b)-(d) , 11902 , 11903 , and 11904(a) , subject to the conditions set forth in paragraphs (b) through (e) of this section.
49 C.F.R. §1039.22