---
kind: "section"
citation: "29 C.F.R. § 2570.48"
title: "29"
number: "2570.48"
heading: "Decision to grant exemptions."
url: "https://uscodex.org/cfr/29/2570.48"
---

# §2570.48. Decision to grant exemptions.

- (a) The Department may not grant an exemption under ERISA [section 408(a)](/cfr/29/408.md?p=a), Code [section 4975(c)(2)](/cfr/29/4975.md?p=c-2), or [5 U.S.C. 8477(c)(3)(C)](/usc/5/8477.md?p=c-3-C) unless, following evaluation of the facts and representations comprising the administrative record of the proposed exemption (including any comments received in response to a notice of proposed exemption and the record of any hearing held in connection with the proposed exemption), it finds that the exemption meets the statutory requirements by being:
  - (1) Administratively feasible for the Department;
  - (2) In the interests of the plan (or the Thrift Savings Fund in the case of FERSA) and of its participants and beneficiaries; and
  - (3) Protective of the rights of participants and beneficiaries of such plan (or the Thrift Savings Fund in the case of FERSA).
- (b) In each instance where the Department determines to grant an exemption, it shall publish a notice in the Federal Register which summarizes the transaction or transactions for which exemptive relief has been granted and specifies the conditions under which such exemptive relief is available.

## 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.