"While the Department was disappointed not to receive many of the suggested data elements from industry sources, we have met with industry representatives and asked them to provide whatever information they had that would be useful to our efforts. We appreciate the information that has been sent and are working diligently to review and assess it.... The Department is not yet in a position to answer questions regarding the specific studies or data we will rely on in our proposal because the economic analysis is not yet complete.... It is our intention to include accompanying proposed prohibited transaction guidance, as well as the relevant economic analysis, with any proposed regulation. All of these elements will be transparent and fully subject to the appropriate notice-and-comment rulemaking process."

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