7 U.S.C. § 27d: Administration of the predominance test

the action is necessary and appropriate in the public interest; the action is consistent with the Commodity Exchange Act [ 7 U.S.C. 1 et seq.] and the purposes of the Commodity Exchange Act; and the hybrid instrument is not predominantly a banking product under the predominance test set forth in section 27c(b) of this title . the nature of the hybrid instrument; and the history, purpose, extent, and appropriateness of the regulation of the hybrid instrument under the Commodity Exchange Act [ 7 U.S.C. 1 et seq.] and under appropriate banking laws. The Board of Governors of the Federal Reserve System may obtain review of any rule or determination referred to in subsection (a) in the United States Court of Appeals for the District of Columbia Circuit by filing in the court, not later than 60 days after the date of publication of the rule or determination, a written petition requesting that the rule or determination be set aside. Any proceeding to challenge any such rule or determination shall be expedited by the court. A copy of a petition described in paragraph (1) shall be transmitted as soon as possible by the Clerk of the court to an officer or employee of the Commodity Futures Trading Commission designated for that purpose. Upon receipt of the petition, the Commission shall file with the court the rule or determination under review and any documents referred to therein, and any other relevant materials prescribed by the court. On the date of the filing of a petition under paragraph (1), the court shall have jurisdiction, which shall become exclusive on the filing of the materials set forth in paragraph (2), to affirm and enforce or to set aside the rule or determination at issue. the subject product is predominantly a banking product; and making the provision or provisions of the Commodity Exchange Act [ 7 U.S.C. 1 et seq.] at issue applicable to the subject instrument is appropriate in light of the history, purpose, and extent of regulation under such Act, sections 27 to 27f of this title, and under the appropriate banking laws, giving deference neither to the views of the Commodity Futures Trading Commission nor the Board of Governors of the Federal Reserve System. The filing of a petition by the Board pursuant to paragraph (1) shall operate as a judicial stay, until the date on which the determination of the court is final (including any appeal of the determination). Any aggrieved party may seek judicial review pursuant to section 6(c) of the Commodity Exchange Act [ 7 U.S.C. 9 ] of a determination or rulemaking by the Commodity Futures Trading Commission under this section.