|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CHATTAHOOCHEE BAY RAILROAD, INC.-ACQUISITION AND OPERATION EXEMPTION--CERTAIN ASSETS OF H&S RAILROAD COMPANY, INC., AND CHATTAHOOCHEE & GULF RAILROAD CO., INC.|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT CHATTAHOOCHEE BAY RAILROAD, INC. A NONCARRIER, FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE (BY PURCHASE) AND OPERATE CERTAIN RAIL ASSETS OF H&S RAILROAD COMPANY, INC. AND CHATTAHOOCHEE & GULF RAILROAD CO., INC. CLASS III RAIL CARRIERS.|
| 11 KB|
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|Full Text of Decision|
37295 SERVICE DATE – SEPTEMBER 15, 2006
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34912]
Chattahoochee Bay Railroad, Inc.–Acquisition and Operation Exemption–Certain Assets of H&S Railroad Company, Inc., and Chattahoochee & Gulf Railroad Co., Inc.
Chattahoochee Bay Railroad, Inc. (CBRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire (by purchase) and operate certain rail assets of H&S Railroad Company, Inc. (H&S), and Chattahoochee & Gulf Railroad Co., Inc. (CHAT), Class III rail carriers.
to an Asset Purchase Agreement entered into by and among CBRR, CHAT, and
H&S, CBRR will acquire: (1)
approximately 24.2 miles of rail line owned and operated by CHAT extending from
approximately milepost 382.0, at or near Dothan, in Houston County, AL, through
Henry County, AL, to approximately milepost 357.8, at or near Hilton, in Early
County, GA (the CHAT Line); and
(2) H&S’s exclusive freight rail easement over an approximately 4-mile line
of railroad between approximately milepost 382 at Dothan, and approximately
milepost 386 at Taylor, in Houston County, AL (the H&S Line). CBRR states that the CHAT Line and the
H&S Line physically connect at
CBRR certifies that its projected annual revenues as a result of the transaction will not result in the creation of a Class II or Class I rail carrier and will not exceed $5 million.
transaction was expected to be consummated on or after
If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction.
original and 10 copies of all pleadings, referring to STB Finance Docket No. 34912,
must be filed with the Surface Transportation Board,
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: September 8, 2006.
By the Board, David M. Konschnik, Director, Office of Proceedings.
 CBRR is a wholly owned subsidiary of Genesee & Wyoming Inc. (GWI).
 H&S is owned and controlled by H. Peter and Linda C. Claussen (collectively, the Claussens). CHAT is owned and controlled by the Gulf & Ohio Railways Holding Co., Inc., which is owned by the Claussens.
 This proceeding is related to STB Finance Docket No. 34913, Genesee & Wyoming Inc.–Continuance in Control Exemption–Chattahoochee Bay Railroad, Inc., wherein GWI, a noncarrier holding company, has simultaneously filed a petition for exemption to continue in control of CBRR upon CBRR’s becoming a rail carrier.
 CHAT acquired the rail line from Central of Georgia Railroad Company. See Chattahoochee & Gulf Railroad Co., Inc.–Acquisition and Operation Exemption–Line of Central of Georgia Railroad Company, STB Finance Docket No. 34298 (STB served Mar. 26, 2003).
 H&S acquired the rail line from
 CBRR states that its acquisition of these merging interests and operation of the H&S Line and the CHAT Line as one property will cause that trackage rights agreement to be extinguished.