Commission Orders and Other Actions

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Initiator Action Type Description Status Date Remarks Documents
ICE Futures U.S., Inc. 4(c) Action Req. 4(c) Order deeming brokers/traders to be ESPs Action Taken 12/12/2008 This request is for relief under CEA section 4(c) for an Order that deems brokers/traders to be Eligible Swap Participants under Part 35 of CFTC Regulations. 4
National Futures Association Petition for Rulemaking Electronic filing of commodity pool annual reports Action Taken 12/15/2005 The petition requested that the Commission amend Regulation 4.22(c) to require that commodity pool annual reports filed by registered CPOs be required to be submitted to NFA through its electronic filing system. The Commission proposed these changes on December 15, 2005, and adopted final regulations on February 22, 2006. 4
NYMEX Clearing House 4d Action Treatment of Customer Funds re: DME Action Taken 05/23/2007 The Commission issued an order under Section 4d of the Commodity Exchange Act allowing the New York Mercantile Exchange (NYMEX) and registered futures commission merchants to hold Dubai Mercantile Exchange (DME) customer positions and associated funds in segregated accounts. The order is limited to the following contracts traded on the DME: the physically delivered Oman Sour Crude futures contract, the cash-settled West Texas Intermediate-Oman Financial Spread futures contract and the Brent-Oman Financial Spread futures contract. 1
ICE Clear Europe Limited 4d Action Supplemental Petition for Amendment to 4d Order Action Taken 03/26/2015 The Commission issued an order amending an earlier order dated May 30, 2014, which permitted ICE Clear Europe and its clearing members that are registered FCMs to: (1) commingle in an account subject to Section 4d(a) (a futures customer account) positions in futures and options, and foreign futures and foreign options, and related customer money, securities, and property; and (2) portfolio margin these futures and options, and foreign futures and foreign options, in the futures customer account. The May 30, 2014 order provided relief only to ICE Clear Europe and its clearing members. The amended order also applies to FCMs that carry contracts cleared at ICE Clear Europe through a clearing member FCM but are not themselves clearing members. 1
CFTC 4(c) Action Proposal to exempt certain credit default options Action Taken 06/04/2007 The Commission has issued an order that exempts the trading and clearing of these products from any provisions of the Commodity Exchange Act that would be transgressed by trading and clearing them through, respectively, a securities exchange and clearinghouse. 5
ICE Clear Europe Limited 4d Action Request for 4d(a) Order. Action Taken 10/09/2012 The Commission has issued an order permitting ICE Clear Europe and its FCM clearing members to hold customer property used to margin, guarantee, or secure positions in foreign futures with customer property used to margin, guarantee, or secure futures, in a futures customer account maintained in accordance with Sections 4d(a) and 4d(b) of the CEA. The order also permits ICE Clear Europe to transfer cleared swaps positions, and customer property used to margin, secure or guarantee such positions, to Sections 4d(a) and 4d(b) accounts. 1
ICE Clear Europe Limited 4d Action 4d(f) Order Action Taken 08/08/2012 The Commission has issued an order permitting ICE Clear Europe and its FCM clearing members to hold customer property used to margin, guarantee, or secure positions in foreign futures with customer property used to margin, guarantee, or secure cleared swaps, in a cleared swaps account maintained in accordance with Section 4d(f) of the CEA. 1
Nodal Clear, LLC Request for Amended Order Request for Amended DCO Registration Order Action Taken 06/15/2017 Request to amend order of registration as a DCO to provide clearing services for physically settled futures and options on futures. 4
Options Clearing Corporation 4d Action Amend 2004 Cross-Margin Order Action Taken 04/05/2012 Request for an Order Permitting Commingling of Affiliate Funds in an Internal Cross Margining Account 1
New York Portfolio Clearing, LLC 4d Action Order authorizing non-proprietary cross-margining Action Taken 08/03/2012 Order authorizing NYPC to implement a non-proprietary cross-margining program with FICC; effective August 3, 2012. 1
NQLX LLC Futures Exchange Request to Vacate NQLX seeks vacation from its order of designation Action Taken 10/29/2010 On June 16, 2010, NYSE Euronext, the ultimate parent of NQLX requested that the status of NQLX as a designated contract market be vacated and set aside by the CFTC. Comments with respect to this request were due by August 6, 2010. NQLX was originally designated as a DCM in August 2001. On July 1, 2005, it met the definition of a "dormant" DCM and since that time has remained inactive. NYSE Euronext intended that NQLX be merged into an indirect wholly owned subsidiary, on or about September 20, 2010. 0
Pacific Futures Exchange Request to Vacate Request to Vacate PFE DCM Designation Action Taken 04/21/2008 On January 17, 2008, the Pacific Futures Exchange ( PFE) requested under CEA Section 7 that the CFTC vacate PFEs contract market designation as of April 21, 2008. PFE currently is not operational. PFE was orginally designated as a contract market on July 22, 1986 and the only authorized contract was the PSE Technology Stock Index future, for which trading was never initiated. 1
National Futures Association Petition for Rulemaking Electronic filing of Part 4 notices Action Taken 10/13/2006 NFA requested that the Commission amend its Part 4 regulations to require that notices claiming exemption or exclusion be filed electronically with NFA through its electronic filing system. The Commission proposed changes on October 13, 2006 and adopted final regulations on January 16, 2007. 4
Chicago Board of Trade (CBOT), et al 4(c) Action Part 36 Professional Markets Rulemaking Action Taken 10/02/1995 New Part 36 Regulations for Professional Markets (in response to a petition to permit certain transactions to trade on Section 4(c) contract markets exempt from specified requirements of the Act and the Commission regulations). 60 FR 51323 (Oct 2,1995). 0
ICE Clear Europe Limited 4d Action 4d(f) Request Action Taken 04/09/2013 ICE Clear Europe Limited Request for Order Pursuant to Section 4d(f) of the CEA Permitting Commingling of Customer Funds and Portfolio Margining for Swaps and Security-Based Swaps. 1
ICE Clear Europe Limited 4d Action ICE Clear Europe Petition for Amended 4d(a) Order Action Taken 05/30/2014 ICE Clear Europe has requested that the Commission amend its October 15, 2012 order pursuant to Section 4d(a) of the Commodity Exchange Act permitting commingling of customer funds in connection with futures and foreign futures contracts to apply to additional products including certain interest rate, energy, and financial contracts. 1
ELX Futures, L.P. Request CFTC use CEA section 8a(7) Request that CFTC Stay CBOT Advisory Action Taken - Denied 06/16/2011 ELX requests that the CFTC stay CBOT Advisory Notice RA0907-1, filed by CBOT under self-certification procedures on October 16, 2009. 16
CFTC Significant Price Discovery Contract Order ICE Henry Financial LD1 Fixed Price Contract Action Taken 07/24/2009 Commission determined contract is a Significant Price Discovery Contract. 2
CFTC 4(c) Action Final rulemaking amending Part 34 Regulations Action Taken 01/22/1993 Amendments to Part 34 Regulations expanding the exemption applied to certain hybrid instruments that combine charateristics of futures/options with debt, equity, or depository interests, pursuant to CEA Section 4(c) authority. 58 FR 5580 (Jan 22, 1993). 0
RTOs/ISOs 4(c) Action Request from RTOs/ISOs for 4(c)(6) exemption Action Taken 03/28/2013 A final order was issued on March 28, 2013 and published in the Federal Register on April 2, 2013. An amended order was issued on October 18, 2016. 19
LCH.Clearnet Ltd. Request for Amended Order Request for amended order Action Taken 12/16/2014 . 1
ICE Clear US, Inc. 4(c) Action Req for Amended 4(c) Order re Long-Dated Ag Swaps Withdrawn 07/08/2014 . 2
ICE Clear Credit 4d Action 4d(f) commingle customer funds portfolio margining Action Taken 01/14/2013 . 1
Chicago Mercantile Exchange, Inc. 4a(a)(7) Petition Exemptive relief - bona fide hedging transactions. Pending 04/26/2012 1
ICE Clear Credit, ICE Clear Europe, ICE Clear US 4(c) Action ICE DCOs Application for 4(c) Exemptive Order Action Taken 07/19/2018 2
LCH.Clearnet Ltd. 4d Action LCH Ltd petition for 4d order Action Taken 01/13/2017 2
LCH SA 4d Action LCH SA 4d(f) Order Action Taken 11/01/2021 1
North American Derivatives Exchange, Inc. Request for Amended Order Amended DCO Order to Clear Intermediated Trades Action Taken 03/30/2010 1
New York Mercantile Exchange 1a(12)(C) Determination Request order for floor members to be ECPs Action Taken 10/03/2006 2
Chicago Mercantile Exchange 1a(12)(C) Determination Request to permit floor members to be ECPs Action Taken 03/14/2006 2
CME Clearing House 4(c) Action Request for 4(c) order re clearing OTC ag swaps Action Taken 03/18/2009 3
CME Clearing House 4d Action Request for 4d order re cleared OTC Ag swaps Action Taken 03/18/2009 1
American Public Power Association et al. Petition for Rulemaking Petition to amend CFTC Rule 1.3(ggg)(4) Pending 07/12/2012 14
Working Group of Commercial Energy Firms 4a(a)(7) Petition Exemptive relief - bona fide hedging transactions. Pending 01/20/2012 15
Working Group of Commercial Energy Firms 4a(a)(7) Petition exemptive relief - position limit aggregation Pending 01/19/2012 7
Southwest Power Pool, Inc. 4(c) Action Application for 4(c) Exemption Action Taken 10/18/2016 22
CFTC 4(c) Action Proposed Amended 4(c) Order for RTOs/ISOs Action Taken 10/18/2016 2
National Futures Association Petition for Rulemaking NFA Petition for Rulemaking re: Regulation 4.5 Action Taken 02/09/2012 6
Chicago Mercantile Exchange, Inc. 4d Action 4d Order re: OTC Wheat Calendar Swaps Action Taken 12/09/2013 1
Cantor Clearinghouse, L.P. Request for Amended Order Cantor Petition for Amended DCO Order Action Taken 02/11/2013 1
Chicago Board of Trade 4d Action Request for 4d Order for Cleared OTC Contracts Action Taken 09/26/2008 1
ICE Clear US, Inc. 4d Action Request for 4d Order for Cleared OTC Contracts Action Taken 12/12/2008 1
ICE Clear US, Inc. 4(c) Action Req for 4(c) Order for Part 35 exemption for swaps Action Taken 12/12/2008 4
CME Clearing House 4d Action Requests to Amend NYMEX/DME 4d Order Action Taken 09/16/2011 1
Clearing Corporation 4d Action Req inclusion of new Eurex products in 4d account Action Taken 10/25/2007 1
CFTC No-Action No-Action Relief from Swaps Reporting Requiremt Action Taken 11/13/2012 1
Hard 8 Futures 4(c) Action Hard 8 4(c) petition Pending 06/17/2010 2
CME Clearing House 4d Action Clearing by CME of OTC Contracts Action Taken 03/03/2006 1
Options Clearing Corporation No-Action Limited waiver of enforcement of OCC Bylaws Rules Action Taken 06/04/2012 2
CME Clearing House 4d Action Treatment of Customer Funds re: MEFF Products Action Taken 06/20/2001 1