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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 17 - Commodity and Securities Exchanges |
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Chapter I - Commodity Futures Trading Commission |
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Part 5 - Off-Exchange Foreign Currency Transactions |
Appendix A to Part 5 - Guideline No. 1; Interpretative Statement Regarding Economic and Public Interest Requirements for Contract Market Designation
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(a) Application for Designation of Physical Delivery Futures Contracts A board of trade shall submit:
(1) The rules setting froth the terms and conditions of the futures contract.
(2) A description of the cash market for the commodity on which the contract is based.
(i) The description may include, in addition to or in lieu of materials prepared by the board of trade, existing studies by industry trade groups, academics, governmental bodies or other entities, reports of consultants, or other materials which provide a description of the underlying cash market.
(ii) Where the same, or a closely related commodity, is already designated as a contract market which and is not dormant, the cash market description can be confined to those aspects relevant to particular term(s) or condition(s) which differ from such existing contract.
(3) A demonstration that the terms and conditions, as a whole, will result in a deliverable supply such that the contract will not be conducive to price manipulation or distortion and that the deliverable supply reasonably can be expected to be available to short traders and salable by long traders at its market value in normal cash marketing channels.
For purposes of this demonstration, provide the following information in chart or narrative form.
Contract Terms and Conditions Term or condition Exchange - proposal
Rule number of identical approved provision, if any 1 Explanation as to consistency with, or reason for variance from cash market practice 1. Commodity characteristics ( e.g., grade, quality, weight, class, growth, issuer, origin, maturity, source, rating, etc.)2. Any quality differentials for nonpar deliveries, or lack thereof 3. Delivery points/region 4. Any locational differentials for nonpar deliveries, or lack thereof 5. Delivery facilities (type, number, capacity, ownership) 6. Contract size and/or trading unit 7. Delivery pack or composition of delivery units 8. Delivery instrument ( e.g., warehouse receipt, shipping certificate, bill of lading)9. Transportation terms ( e.g., FOB, CIF, prepay freight to destination)10. Delivery procedures 11. Delivery months 12. Delivery period and last trading day 13. Inspection/certification procedures (verification of delivery eligibility, any discounts applied for age) 14. Minimum price change (tick) equal to or less than cash market minimum price increment 15. Daily price limit provisions (note relationship to cash market price movements) DELIVERABLE SUPPLIES 2 —ESTIMATE OF DELIVERABLE SUPPLIES FOR TRADING MONTH(S) WITH LOWEST SUPPLIESESTIMATION METHODOLOGY 1 If an identical provision has been approved for a nondormant contract in the same commodity, there is no need to provide an explanation in the next column.2 No estimate of deliverable supply is needed if a previously designated nondormant contract is trading. Also, no justification of the spot month limit is needed if the limit is the same as that approved by the Commission for an identical contract in that commodity (relative to the quantity or value of the identical contract). Where more than one contract is based on the same underlying commodity or instrument, positions should be combined for purposes of applying speculative limits.Terms and Conditions Related to Speculative Limits Speculative limit Standard Level - (exchange rule)
1. Spot month No greater than one-fourth of estimated deliverable supply 2. Nonspot individual month or all months combined (financial and energy contract) 5,000 contract 3. Nonspot individual month or all months combined (tangible commodity contracts) 1,000 contracts 4. Reporting level Equal to or less than levels specified in CFTC rule 15.03 5. Aggregation rule Same as CFTC rule 150.5(g) or previously approved language (4) As specifically requested, such additional evidence, information or data relating to whether the contract meets, initially or on a continuing basis, any of the specific requirements of the Act, including the public interest standard contained in Section 5(7) of the Act, and whether the contract reasonably can be expected to be, or has been, used for hedging and/or price basing on more than an occasional basis, or any other requirement for designation under the Act or Commission rules and policies.
(b) Application for Cash Settled Futures Contracts A board of trade shall submit:
(1) The rules setting forth the terms and conditions of the proposed futures contract.
(2) A description of the cash market for the commodity on which the contract is based.
(i) The description may include, in addition to or in lieu of materials prepared by the board of trade, existing studies by industry trade groups, academics, governmental bodies or other entities, reports of consultants, or other materials which provide a description of the underlying cash market.
(ii) Where the same, or a closely related commodity, is already designated as a contract market which is not dormant, the cash market description can be confined to those aspects relevant to particular term(s) or conditions(s) which differ from such existing contract.
(3) A demonstration that cash settlement of the contract is at a price reflecting the underlying cash market, will not be subject to manipulation or distortion, and is based on a cash price series that is reliable, acceptable, publicly available and timely.
For purposes of this demonstration, provide the following information in chart or narrative form.
Contract Terms and Conditions Term or condition Rule number of identical approved provision, if any 1 Explanation as to consistency with, or reason for variance from, cash market practice 1. Commodity characteristics ( e.g., grade, quality, weight, class, growth, issuer, maturity, source, rating, etc.)2. Delivery months, noting any cyclical variations in trading activity that may affect the potential for manipulating the cash settlement price 3. Last trading day 4. Contract size 5. Minimum price change (tick) 6. Daily price limit provisions, relative to cash market price movements 1 If an identical provision has been approved for a nondormant contract in the same commodity, there is not need to provide an explanation in the next column.Terms and Conditions Related to Cash Settlement Price Series Requirement Rule number of identical approved provision Explanation or justification 1. Where an independent third party calculate the cash settlement price series, evidence that the third party does not object to its use and provides safeguards against susceptibility to manipulation 2. Where board of trade generates cash settlement rice series, specifications of calculation procedure and safeguards in cash settlement process to protect against susceptibility to manipulation ( e.g., if self-generated survey, polling sample representative of cash market, but with a minimum of 4 nontrading entities or 8 entities that trade for own account)3. Procedure for, and timeliness of, dissemination to public 4. Evidence that price is reliable indicator of cash market values and acceptable for hedging Terms and Conditions Related to Speculative Limits Speculative limit Standard Level - (exchange rule)
1. Spot month Must be no greater than necessary to minimize the potential for manipulation or distortion of the contract's or the underlying commodity's price 2. Nonspot individual month or all months combined (financial and energy contracts) 5,000 contracts 3. Nonspot individual month or all months combined (tangible commodity contracts) 1,000 contracts 4. Reporting level Equal to or less than levels specified in CFTC rule 15.03 5. Aggregation rule Same as CFTC rule 150.5(g) or previously approved language (4) As specifically requested, such additional evidence, information or data relating to whether the contract meets, initially or on a continuing basis, any of the specific requirements of the Act, including the public interest standard contained in Section 5(7) of the Act, and whether the contract reasonably can be expected to be, or has been, used for hedging and/or price basing on more than an occasional basis, or any other requirement for designation under the Act or Commission rules and policies.
(c) Application for Option Contracts A board of trade shall submit:
(1) The rules setting forth the terms and conditions of the proposed option contract.
(2)(i) For options on futures contracts, the terms and conditions of the proposed or existing underlying futures contract.
(2)(ii) For options on physical commodities:
(A) A description of the cash market for the commodity on which the contract is based.
(1) The description may include, in addition to or in lieu of material prepared by the board of trade: existing studies by industry trade groups, academics, governmental bodies or other entities; promotional or marketing materials prepared by or for the board of trade; reports of consultants; or other materials which provide a description of the underlying cash market.
(2) Where the same, or a closely related commodity, is already designated and is not dormant, the cash market description can be confined to those aspects relevant to particular term(s) or condition(s) which differ from such existing contract.
(B) Depending on the method of settling the option, the relevant chart for either a physical delivery or cash settled futures contract.
(3) The following completed chart.
Terms and Conditions Criterion Applicable CFTC Rule (17 CFR) Standard Met by exchange rule number Justification for not meeting standard, or rule number of identical approved rule 1. Speculative limits 150.5 Combined net position in futures and options on a futures-equivalent basis at the futures position levels, with inter-month spread exemptions that are consistent with those of the futures contracts or consistent with Commission Rule 150.5(e) for underlying future 2. Aggregation rule 150.4 Same as Rule 150.5(g) or previously approved language 3. Reporting level 15.00(b)(2) 50 contracts or fewer 4. Strike prices (number listed & increments) 33.4(b)(1) Procedures for routine listing of strikes are specified and automatic, provisions for listing discretionary strikes are specified 5. Option expiration & last trading day 33.4(b)(2) Except for options on cash-settled futures contracts, expiration is not less than one business day before the earlier of the last trading day or the first notice day of the underlying future 6. Minimum tick 33.4(d) Equal to, or less than, the underlying futures tick 7. Daily price limit, if specified 33.4(d) Equal to, or greater than, the underlying futures price limit (4) As specifically requested, such additional evidence, information or data relating to whether the contract meets, initially or on a continuing basis, any of the specific requirements of the Act, including the public interest standard contained in Section 5(7) of the Act, or any other requirement for designation under the Act or Commission rules and policies.