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May 25, 2005 OS HAY 26 Pil 4 OG

OFC. OF THE SECRETARIAT
Via E-Mail

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: Rule Certification. NYMEX Submission 05.91: Notification of
Amendments to NYMEX Rules 11.36 and 6.19.

Dear Ms. Jean Webb:

The New York Mercantile Exchange ("NYMEX" or the "Exchange") is notifying the
Commodity Futures Trading Commission (“CFTC” or “Commission”) of amendments to
NYMEX Rules 11.36, Type Indicator Codes for Trading on NYMEX ClearPortTM”.

Effective May 26, 2005, the amendments to Rule 11.36 modify the definitions for CTI
Codes on ClearPortTM which were instituted for NYMEX and COMEX in December 2004.
Additionally, errors in numbering and lettering were corrected in Rule 6.19, which covers CTI
codes for RTH and ACCESS®. Pursuant to Section 5c(c) of the Commodity Exchange Act
(“Act”) and CFTC Rule 40.6, the Exchange hereby certifies that the attached rule amendment
complies with the Act, including regulations under the Act.

Should you have any questions concerning the above, please contact me at (212)
299-2940.

Very truly yours,

Nancy M. Minett
Vice President
Compliance Department

ce: Thomas LaSala
Brian Regan


(Additions are in bold and underlined; strikethroughs indicate deletions.)
Rule 11.36, Type Indicator Codes for Trading on NYMEX ClearPortTM

Users and their User Agents shall be responsible for reporting to the Exchange on an Alternative Electronic Trading
System, appropriate CTI and indicator codes for transactions executed on Alternative Electronic Trading System.
For purposes of this rule, an “Alternative Electronic Trading System" shall mean any electronic trading system other
than NYMEX ACCESS on which NYMEX Division or COMEX Division products are traded, but not including
GLOBEX®. Appropriate CTI and indicator codes shall include a combination from Sections A and B below:

{A)() When a Floor Trading Member executes trades for his/her personal account, for an account he/she

controls, or for an account which he/she has an ownership or financial interest, he/she shall designate the
trades as CTI1.

(2) When a Floor Trading Member or Authorized Terminal User executes trades for the trading account of a
Member Firm or Clearing Member, he/she shall designate the trades as CTI 2. However, if the executing
Floor Trading Member has either an interest in or discretionary control over such Member Firm or Clearing
Member trading account, the indicator codes of subdivision (1) shall apply.

(3) (a) When a Floor Trading Member executes trades for the personal account of another Floor Trading
Member, or for an account that the Floor Trading Member knows is controlled by another Floor Trading
Member, he/she shall designate the trades as CTI 3.

(b) When an Authorized Terminal User executes trades on NYMEX ClearPortTM for the personal account of a
Floor Trading Member, or for an account that the Authorized Terminal User knows is controlled by a Floor
Trading Member, he/she shall designate such orders as CTI 3.

(4) When a Floor Trading Member or Authorized Terminal User executes trades for any account, other than
those listed in Subdivisions (1), (2), (3), he/she shall designate the trades as CTI 4.

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(B) Indicator Codes. All of the above CTI codes summarized in Section (A) of this Rule must be used in

combination with one of the following indicator designations:

(1) C or Customer — if the account owner is not affiliated with the Clearing Member; or

(2) H or House -- an account affiliated with the Clearing Member, including parent and subsidiary
corporations, or Principals or authorized employees, trading for their own account at the Clearing Member
in which they have an ownership interest in or by whom they are employed.

(EC) It shall be a Major Offense for Users or User Agents to knowingly assign false indicator codes to trades
executed on Alternative Electronic Trading System.

Rule 6.19, Type Indicator Codes

Floor Trading Members shall be responsible for reporting to the Exchange on the Trade Allocation System,
appropriate CTI and indicator codes for transactions executed on the Exchange. Authorized Terminal Users shall be
responsible for reporting to the Exchange, and on NYMEX ACCESS®, appropriate CTI and indicator codes for
transactions executed on NYMEX ACCESS®. Appropriate CTI and indicator codes shall include a combination
from Sections A and B below:

(A) CTI Codes:

(1) When a Floor Trading Member executes trades for his/her personal account, for an account he/she controls, or
for an account which he/she has an ownership or financial interest, he/she shall designate the trades as CTI 1.

(2) When a Floor Trading Member or Authorized Terminal User executes trades for the trading account of a
Member Firm or Clearing Member, he/she shall designate the trades as CTI 2. However, if the executing Floor
Trading Member has either an interest in or discretionary control over such Member Firm or Clearing Member
trading account, the indicator codes of subdivision (1) shall apply.

(3) (a) When a Floor Trading Member executes trades for the personal account of another Floor Trading Member, or
for an account that the Floor Trading Member knows is controlled by another Floor Trading Member, he/she shall
designate the trades as CTI 3.

(b) When an Authorized Terminal User executes trades on NYMEX ACCESS® for the personal account of a Floor
Trading Member, or for an account that the Authorized Terminal User knows is controlled by a Floor Trading
Member, he/she shall designate such orders as CTI 3.

(4) When a Floor Trading Member or Authorized Terminal User executes trades for any account, other than those
listed in Subdivisions (A}4B};(G}; (1), (2). (3), he/she shall designate the trades as CTI 4.

(B) Indicator Codes. All of the above CTI codes summarized in Section (A) of this Rule must be used in
combination with one of the following indicator designations:

(i) C or Customer -- if the account owner is not affiliated with the Clearing Member; or
(#2) H or House -- an account affiliated with the Clearing Member, including parent and subsidiary corporations, or
Principals or authorized employees, trading for their own account at the Clearing Member in which they have an

ownership interest in or by whom they are employed.

(C) It shall be a Major Offense for Floor Trading Members and Authorized Terminal Users to knowingly assign
false indicator codes to trades executed on the Exchange Floor or on NYMEX ACCESS®.