[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR40.2]

[Page 444-445]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 40_PROVISIONS COMMON TO CONTRACT MARKETS, DERIVATIVES TRANSACTION 
EXECUTION FACILITIES AND DERIVATIVES CLEARING ORGANIZATIONS--Table of Contents
 
Sec.  40.2  Listing products for trading by certification.

    (a) A registered entity may list a new product for trading, list a 
product for trading that has become dormant, or accept for clearing a 
product that is not traded on a designated contract market or a 
registered derivatives transaction execution facility, if the following 
conditions have been met:
    (1) The registered entity has filed its submission electronically 
with the Secretary of the Commission and at the regional office having 
local jurisdiction over the registered entity, in a format specified by 
the Secretary of the Commission;
    (2) The Commission has received the submission at its headquarters 
by close of business on the business day preceding the product's listing 
or acceptance for clearing, and:
    (3) The submission includes:

[[Page 445]]

    (i) A copy of the submission cover sheet in accordance with the 
instructions in Appendix D to this part;
    (ii) A copy of the product's rules, including all rules related to 
its terms and conditions, or the rules establishing the terms and 
conditions of the listed product that make it acceptable for clearing;
    (iii) The intended listing date; and
    (iv) A certification by the registered entity that the product to be 
listed complies with the Act and regulations thereunder.
    (b) A registered entity shall provide, if requested by Commission 
staff, additional evidence, information or data relating to whether the 
contract meets, initially or on a continuing basis, any of the 
requirements of the Act or Commission regulations or policies thereunder 
which may be beneficial to the Commission in conducting a due diligence 
assessment of the product and the entity's compliance with these 
requirements.
    (c) Stay. The Commission may stay the listing of a contract pursuant 
to paragraph (a) of this section during the pendency of Commission 
proceedings for filing a false certification or to alter or amend the 
contract terms and conditions pursuant to Section 8a(7) of the Act. The 
decision to stay the listing of a contract in such circumstances shall 
not be delegable to any employee of the Commission.

[71 FR 1968, Jan. 12, 2006]