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Pending Industry Filings
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In an effort to provide the public with information on the industry, the CFTC posts applications of entities seeking to become an approved trading facility (a designated contract market (DCM) or derivatives transaction execution facility (DTEF)) or a registered derivatives clearing organization (DCO). The CFTC also posts organizations' requests for approval of contracts and rules, as well as other requests for CFTC action.

The CFTC welcomes comments on industry submissions pending CFTC action. Comments may be filed electronically to submissions@cftc.gov or by mail at the CFTC's Washington, DC headquarters office, 1155 21st Street N.W., Washington, DC 20581. Please identify the subject. All comments received are posted to the CFTC website.

New Trading Facilities & Clearing Organizations

Date Filed Applicant Type Filings Comments Due by Comments
Received
Status/Staff Remarks
09/10/04 Chicago Climate Futures Exchange LLC (CCFE) DCM cover letter; rulebook; regulatory chart; LLC agreement; certificate of formation; clearing rules 10/01/04   Chicago Climate Exchange Inc. (CCX), previously filed a notice with the Commission to operate as an exempt commercial market.
06/17/03 NexTrade Futures Exchange, Inc. (NFE) DCM   NA   The 180-day review period under section 6 of the CEA is stayed at the request of NexTrade on 10/15/03. The application was removed from the CFTC’s 60-day review period on 8/05/03.

Requests for Approval of Contracts & Rules

Date Filed Entity
Filing Approval Request
Name of Contract / Description of New Rule or Rule Change Filings Comments Due by Comments
Received
Status/Staff Remarks
08/31/04 KCBT Adoption of rules and regulations to provide the necessary contractual, regulatory and operational framework governing the electronic trading of KCBT contracts on the CBOT's ecbot system powered by LIFFE CONNECT. 08/31/04 09/17/04

08/31/04 KCBT Adoption of new rule 102.01 pertaining to the recovery of legal defense costs. 08/31/04 09/17/04

08/11/04 NYMEX & COMEX Amendments to the lists of approved refiners and brands by changing the PGP silver brand to “no longer in production” and by adding Heraeus Metal Processing, Inc. as an approved assayer/refiner for platinum and palladium. 08/11/04 09/09/04

08/03/04 NYBOT Increase the all months combined limit for the cotton no. 2 futures and option contracts, from 3,500 contracts to 4,000 contracts. 08/03/04 08/16/04 See foi04--006_1.htm The NYBOT and other exchanges petitioned the CFTC to adopt amendments to CFTC Regulation 150.2 so that the CFTC’s speculative limits would be the same as those proposed by NYBOT. Pursuant to a request from the NYBOT, the review period has been extended so that it now ends on the date that the Commission implements any revisions to Regulation 150.2.
03/30/04 CBOT Increase the single-month and all-months-combined speculative position limits for the corn, wheat, soybeans, soybean oil and soybean meal futures contracts. 03/30/04
05/13/04
08/16/04
Concurrently with this filing, the CBOT, and other exchanges, petitioned the CFTC to adopt amendments to CFTC Regulation 150.2 so that the CFTC’s speculative limits would be the same as those proposed by the CBOT. Pursuant to a request from the CBOT, the review period has been extended so that it now ends on the date that the Commission implements any revisions to Regulation 150.2. The CBT filed an amended petition on April 27, 2004.

Self certification alternative: DCMs and DCOs need not obtain prior CFTC approval before listing new contracts or implementing new rules or rule amendments. Instead, new contracts may be listed and rules or rule changes may be implemented by filing a written self-certification with the CFTC.

Contracts Submitted Under Self Certification        Rules Submitted Under Self-Certification

Requests for Commission Action

Date Filed Entity
Filing Request
Description of Request Filings Comments Due by Comments
Received
Status/Staff Remarks

3/26/04 through 5/27/04

Chicago Board of Trade; Kansas City Board of Trade; Minneapolis Grain Exchange; & New York Board of Trade

Requests to repeal or amend Federal speculative position limits set forth in CFTC Regulation 150.2 for specified agricultural commodities.

Federal Register Release

CBT (3/26/04)
(4/27/04);
KCBT (4/27/04);
MGE (5/20/04);
NYBOT (5/27/04)

8/16/04


Federal limits apply to the following markets: CBT corn, oats, soybeans, wheat, soybean oil, and soybean meal; KCBT hard winter wheat; MGE hard red spring wheat and white wheat; and NYBOT cotton No. 2. Should Federal limits be repealed, the petitioners would bear sole responsibility for setting position limitations or accountability standards for their contracts, subject to CFTC oversight.

4/28/04 The Clearing Corporation Request to permit deposit of certain foreign futures and options margin in segregated funds account 1) Letter of Request
2) Link Description
3) Proposed TCC Rules (redline)
4) Link Clearing Agreement
5) Clearing Link Services Agreement
6) Draft Eurex US Bulletin re: spread credits
7) Eurex Clearing Rules (added 5/7/04)
5/14/2004 Lehman Brothers,
CBOT,
CME, TCC Response to CBOT, CBOT Response to TCC

2/09/04 Intercontinental Exchange Petition to expand the category of eligible commercial entity (ECE) to include: (1) broker firms that are members of the International Petroleum Exchange (IPE), are located in the U.K. and are authorized and regulated by the U.K. Financial Services Authority and (2) local traders located in the U.K. that are members of IPE, are outside the scope of FSA regulation but are registered with IPE. 02/09/04
02/17/04
02/18/04
03/04/04
4/06/2004 Federal Register comments file 04--001 The Commission previously expanded the ECE definition by Order issued January 9, 2003.