[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2570.33]

[Page 555]
 
                             TITLE 29--LABOR
 
 CHAPTER XXV--EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF 
                                  LABOR
 
PART 2570_PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME 
SECURITY ACT--Table of Contents
 
 Subpart B_Procedures for Filing and Processing Prohibited Transaction 
                         Exemption Applications
 
Sec. 2570.33  Applications the Department will not ordinarily consider.

    (a) The Department will not ordinarily consider:
    (1) An application that fails to include all the information 
required by Sec. Sec. 2570.34 and 2570.35 or otherwise fails to conform 
to the requirements of these procedures; or
    (2) An application for exemption involving a transaction or 
transactions which are the subject of an investigation for possible 
violations of part 1 or 4 of subtitle B of title I of ERISA or section 
8477 or 8478 of FERSA or an application for an exemption involving a 
party in interest who is the subject of such an investigation or who is 
a defendant in an action by the Department or the Internal Revenue 
Service to enforce the above-mentioned provisions of ERISA or FERSA.
    (b) If for any reason the Department decides not to consider an 
exemption application, it will inform the applicant of that decision in 
writing and of the reasons therefor.
    (c) An application for an individual exemption relating to a 
specific transaction or transactions will ordinarily not be considered 
separately if the Department is considering a class exemption relating 
to the same type of transaction or transactions.