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Date
Rule
802.2(g)
Staff
Michael Verne
Response/Comments
The writer indicated that the land was being ??? for sale to third parties. This activity falls within NAICS section 11, therefore the 802.2(g) exemption available. (NOTE: PNO policy 6/2003 Timberland is reportable and not exempt).

Question

December 10, 2002

Mr. Michael Verne
Premerger Notification Office
Federal Trade Commission
Room 303
600 Pennsylvania Ave., N.W.
Washington, D.C. 20580

Re: Application of Agricultural Exemption Pursuant to Section 802.2(g)

Dear Mike:

This setter is to confirm our conversation of yesterday regarding the Hart-Scott-Rodino Act implications of a transaction that involves timberland. You informed (redacted) and me that timberland is agricultural property within the meaning of 802.2(g). Therefore, an acquisition where 100% of the assets to be acquired are timberlands is exempt from the requirements of the Hart-Scott-Rodino Act.

If 1 heave misstated your understanding of our conversation please let me know at your earliest convenience. Thanks for your help.

Very truly yours,

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