[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Proposed Rules]
[Pages 51299-51300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17996]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration

29 CFR Part 2570

RIN 1210-AC05


Reopening of Comment Period and Hearing Regarding Proposed 
Amendment to Procedures Governing the Filing and Processing of 
Prohibited Transaction Exemption Applications

AGENCY: Employee Benefits Security Administration.

ACTION: Hearing announcement and reopening of the comment period.

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SUMMARY: The Department of Labor's Employee Benefits Security 
Administration (EBSA) will hold a virtual public hearing regarding the 
proposed amendment to its prohibited transaction exemption filing and 
processing procedures. EBSA welcomes requests from the general public 
to testify at the hearing.
    As discussed in the DATES section below, the Department of Labor 
(the Department) also is reopening the comment period regarding the 
proposed amendment to its prohibited transaction exemption filing and 
processing procedures.

DATES: The public hearing will be held on September 15, 2022, and (if 
necessary) September 16, 2022, via WebEx beginning at 9 a.m. EDT. 
Requests to testify at the hearing should be submitted to the 
Department on or before September 8, 2022. The Department will reopen 
the comment period for the proposed amendment on September 15, 2022. 
The Department will publish a Federal Register notice announcing that 
the hearing transcript is available on EBSA's web page and when the 
reopened comment period closes.

ADDRESSES: Please submit all comments and requests to testify 
concerning the proposed rule to the Office of Exemption Determinations 
through the Federal eRulemaking Portal at www.regulations.gov using 
Docket ID number EBSA-2022-0003. Instructions are provided at the end 
of this notice.

FOR FURTHER INFORMATION CONTACT: Brian Shiker, Office of Exemption 
Determinations, EBSA, by phone at (202) 693-8552 (not a toll-free 
number) or email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    This spring, the Department published a proposed amendment (the 
Rule) that would update its existing procedures governing the filing 
and processing of applications for administrative exemptions from the 
prohibited transaction provisions of the Employee Retirement Income 
Security Act, the Internal Revenue Code, and the Federal Employees' 
Retirement System Act. The Rule was published in the Federal Register 
(87 FR 14722) on March 15, 2022.
    The Department received 29 comment letters on the Rule before the 
public comment period ended on May 29, 2022. After consideration of the 
comments, including a written request for a public hearing, the 
Department has decided to hold a virtual public hearing to provide an 
opportunity for all interested parties to testify on material factual 
information regarding the Rule.
    The hearing will be held via WebEx on September 15, 2022, and (if 
necessary) September 16, 2022, beginning at 9 a.m. EDT. It will be 
transcribed. Registration information to access and view the hearing 
will be available on EBSA's website: www.dol.gov/agencies/ebsa.

Instructions for Submitting Requests To Testify

    Individuals and organizations interested in testifying at the 
public hearing must submit a written request to testify and a summary 
of their testimony by September 8, 2022. Requests to testify must 
include:
    (1) the name, title, organization, address, email address, and 
telephone number of the individual who would testify;
    (2) if applicable, the name of the organization(s) whose views 
would be represented;

[[Page 51300]]

    (3) the date of the requestor's written comment on the Rule (if 
applicable); and
    (4) a concise summary of the testimony that would be presented.
    Any requestors with disabilities requiring special accommodations 
for their testimony should contact Mr. Brian Shiker after submitting 
their written request.
    The Department will organize the hearing into several moderated 
panels. Presenters will be given 10 minutes to testify, and they should 
be prepared to answer questions regarding their testimony. EBSA will 
post an agenda containing the panel compositions and presentation times 
on www.dol.gov/agencies/ebsa no later than September 13, 2022.
    EBSA may limit the number of presenters based on how many testimony 
requests it receives. In that event, EBSA will ensure that the broadest 
array of viewpoints on all aspects of the Rule are represented and will 
include in the public record all testimony summaries it receives.

Reopening of Comment Period

    The Department will reopen the Rule's comment period beginning on 
the hearing date (September 15, 2022) until approximately 14 days after 
the Department publishes the hearing transcript on EBSA's web page. The 
Department will publish a Federal Register notice announcing that the 
hearing transcript is available on EBSA web page and when the reopened 
comment period closes.
    All comments and requests to testify will be available to the 
public, without charge, online at www.regulations.gov, at Docket ID 
number: EBSA-2022-0003 and www.dol.gov/ebsa. They also will be 
available for public inspection in the Public Disclosure Room of the 
Employee Benefits Security Administration, U.S. Department of Labor, 
Room N-1513, 200 Constitution Avenue NW, Washington, DC 20210; however, 
the Public Disclosure Room may be closed for all or a portion of the 
reopened comment period due to circumstances surrounding the COVID-19 
pandemic caused by the novel coronavirus.
    Warning to Commentors and Requestors: Please DO NOT submit any 
personal information you consider to be confidential or protected (such 
as your Social Security number or an unlisted phone number) or any 
confidential business information you do not want to be publicly 
disclosed on your comment, request to testify, and testimony summary. 
Please also be aware that the Federal eRulemaking Portal on 
Regulations.gov is an ``anonymous access'' system, meaning EBSA will 
not know your identity or contact information unless you provide it.

    Signed at Washington, DC, this 15th day of August, 2022.
Ali Khawar,
Acting Assistant Secretary, Employee Benefits Security Administration, 
U.S. Department of Labor.
[FR Doc. 2022-17996 Filed 8-19-22; 8:45 am]
BILLING CODE 4510-29-P