On September 27, the CFTC issued guidance describing its operations in the event of a lapse in appropriations. The order provides that the CFTC will not process rule, rule amendment or contract certification filings (other than those related to emergency rules), requests for designation or registration as a contract market, swap execution facility, swap data repository, derivatives clearing organization or foreign board of trade. The time to process new filings and matters pending before the CFTC prior to, or submitted during, the shutdown will be tolled until the CFTC resumes full operations. The CFTC will continue to process filings required by registered entities and intermediaries arising under CFTC Regulations 1.10, 1.12, 1.15, 1.16, 1.17, 1.18. 1.65, 5.6, 5.12, 5.23, 39.19, 40.6(a)(6)-(7) and 40.10(h), as well as certain emergency filings.
The CFTC’s order is available here.