---
kind: "section"
citation: "29 C.F.R. § 2570.42"
title: "29"
number: "2570.42"
heading: "Notice of proposed exemption."
url: "https://uscodex.org/cfr/29/2570.42"
---

# §2570.42. Notice of proposed exemption.


If the Department tentatively decides that an administrative exemption is warranted, it will publish a notice of a proposed exemption in the Federal Register. In addition to providing notice of the pendency of the exemption before the Department, the notice will:

- (a) Explain the exemption transaction and summarize the information and reasons in support of proposing the exemption;
- (b) Describe the scope of relief and any conditions of the proposed exemption;
- (c) Inform interested persons of their right to submit comments to the Department (either electronically or in writing) relating to the proposed exemption and establish a deadline for receipt of such comments; and
- (d) If the proposed exemption includes relief from the prohibitions of ERISA [section 406(b)](/cfr/29/406.md?p=b), Code section [4975(c)(1)(E)](/cfr/29/4975.md?p=c-1-E) or [(F)](/cfr/29/4975.md?p=c-1-F), or FERSA [section 8477(c)(2)](/cfr/29/8477.md?p=c-2), inform interested persons who are materially affected by the grant of the exemption of their right to request a hearing under [§ 2570.46](/cfr/29/2570.46.md) and establish a deadline for hearing requests to be submitted.

## Notes

### Source

Source: 89 FR 4691, Jan. 24, 2024, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8477; 29 U.S.C. 1002(40), 1021, 1108, 1132, and 1135; sec. 102, Reorganization Plan No. 4 of 1978, 5 U.S.C. App at 672 (2006); Secretary of Labor's Order 3-2010, 75 FR 55354 (September 10, 2010) Subpart I is also issued under 29 U.S.C. 1132(c)(8).

### Source

Source: 53 FR 37476, Sept. 26, 1988, unless otherwise noted.