Brief Case

29 C.F.R. § 2570.43

Notification of interested persons by applicant.
CFR 2002 annual edition (revised as of 2002-07-01) · superseded Jul 1, 2003
Back to current
The earliest stored text of this section is effective Jul 1, 1997. Showing that version.
(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 § 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

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

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 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 § 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.
29 C.F.R. § 2570.43 — Notification of interested persons by applicant. · CFR 2002 annual edition (revised as of 2002-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-2570.43&asof=1987-06-01 · printed Oct 16, 2026
On this page
  • (a) (a) If, as set forth in the exemption application, the noti…
  • (b) (b) If a notice of proposed exemption is published in the F…
  • (c) (c) The method used to furnish notice to interested persons…
  • (d) (d) After furnishing the notice required by this section, a…
Implements
ERISA § 408 (29 U.S.C. § 1108) Exemptions from prohibited transactions
Cited by (code & regs)
Guidance addressing this section
Department of Labor (EBSA)
Proposed Rules
  • 75 FR 54542Proposed Sep 8, 2010 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans
Also cited in 4 other documents
Department of Labor (EBSA)
Final Rules
  • 89 FR 4662 Jan 24, 2024 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications (b)
  • 76 FR 66637 Oct 27, 2011 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans (b)(d)
Proposed Rules
  • 87 FR 14722Proposed Mar 15, 2022 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications Comments due Apr 14, 2022 (b)
  • 75 FR 53172Proposed Aug 30, 2010 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans Comments due Oct 14, 2010 (b)(d)

No court rulings in the library cite this provision yet.

No private letter rulings in the library cite this provision yet.

Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jul 1, 1997Jun 30, 2003CFR 2002 annual edition (revised as of 2002-07-01)View
Jul 1, 2003Jun 30, 2012CFR 2011 annual edition (revised as of 2011-07-01)View · Redline (sign in)
Jul 1, 2012Apr 7, 2024eCFR editorial change effective 2017-01-01 run 129View · Redline (sign in)
Apr 8, 2024Jun 29, 2026eCFR editorial change effective 2024-04-08 run 129View · Redline (sign in)
Jun 30, 2026currenteCFR amendment effective 2026-06-30 run 129View · Redline (sign in)
Provision-level history (blame)