(a) If, as set forth in the exemption application, the notification
that an
applicant intends to provide to interested persons upon publication of a
notice of proposed exemption in the Federal Register is inadequate, the
Department will so inform the applicant and will secure the applicant's
written agreement to provide what it considers to be adequate notice
under the circumstances.
(b) If a notice of proposed exemption is published in the Federal
Register in accordance with Sec. 2570.42 of this part, the applicant
must notify interested persons of the pendency of the exemption in the
manner and time period specified in the application or in any
superseding agreement with the Department. Any such notification must
include:
(1) A copy of the notice of proposed exemption; and
(2) A supplemental statement in the following form:
You are hereby notified that the United States Department of Labor
is considering granting an exemption from the prohibited transaction
restrictions of the Employee Retirement Income Security Act of 1974, the
Internal Revenue Code of 1986, or the Federal Employees' Retirement
System Act of 1986. The exemption under consideration is explained in
the enclosed Notice of Proposed Exemption. As a person who may be
affected by this exemption, you have the right to comment on the
proposed exemption by [date].\1\ [If you may be adversely affected by
the grant of the exemption, you also have the right to request a hearing
on the exemption by [date].] \2\
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\1\ The applicant will write in this space the date of the last day
of the time period specified in the notice of proposed exemption.
\2\ To be added in the case of an exemption that provides relief
from section 406(b) of ERISA or corresponding sections of the Code or
FERSA.
Comments or requests for a hearing should be addressed to: Office of
Exemption Determinations, Pension and Welfare Benefits Administration,
room ______,\3\ U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210, ATTENTION: Application No. ______.\4\
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\3\ The applicant will fill in the room number of the Division of
Exemptions. As of the date of this final regulation, the room number of
the Division of Exemptions was N-5671.
\4\ The applicant will fill in the exemption application number,
which is stated in the notice of proposed exemption, as well as in all
correspondence from the Department to the applicant regarding the
application.
The Department will make no final decision on the proposed exemption
until it reviews all comments received in response to the enclosed
notice. If the Department decides to hold a hearing on the exemption
before making its final decision, you will be notified of the time and
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place of the hearing.
(c) The method used to furnish notice to interested persons must be
reasonably calculated to ensure that interested persons actually receive
the notice. In all cases, personal delivery and delivery by first-class
mail will be considered reasonable methods of furnishing notice.
(d) After furnishing the notice required by this section, an
applicant must provide the Department with a statement confirming that
notice was furnished to the persons and in the manner and time
designated in its exemption application or in any superseding agreement
with the Department. This statement must be accompanied by a declaration
under penalty of perjury attesting to the truth of the information
provided in the statement and signed by a person qualified under
Sec. 2570.34(b)(5) of these procedures to sign such a declaration. No
exemption will be granted until such a statement and its accompanying
declaration have been furnished to the Department.
