1018 7U5 ‘TUE 12:47 FAX Z1Z 299 zZz98 NYMEX

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ue
New York
Mercantile Exchange

gaze

December 10, 2004

VIA ELECTRONIC MAIL,

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21° Street, N.W.

Washington, D.C. 20581

RE: NYMEX Submission 04.173: Weekly Notification of Rule Changes

Dear Ms. Webb:

Pursuant to Section 5c(c)(c)(1) of the Commodity Exchange Act (“Act”), the New
York Mercantile Exchange, Inc. (“NYMEX” or the “Exchange”) is submitting this filing of
nonmaterial revisions to the Commodity Futures Trading Commission (“CFTC”) to notify
the CFTC that the following COMEX Division rule chapters are being renumbered as

follows:

Chapter 1

Chapter 4

Chapter 10
Chapter 11
Chapter 12
Chapter 13
Chapter 15
Chapter 16
Chapter 17
Chapter 23
Chapter 24

now Chapter 101;
now Chapter 104;
now Chapter 110;
now Chapter 11;
now Chapter 112;
now Chapter 113;
now Chapter 115;
now Chapter 116;
now Chapter 117;
now Chapter 123; and
now Chapter 124.

Should you have any questions concerning the above, please contact the
undersigned at (212) 299-2207.

Attachments

New York Mercantile Exchan; nc,
World Finanei: nicer

One North End Avenue

New York, NY 10282-1101

(212) 299-2000,

Very truly yours,

(Bean
Brian Regan
Vice President &'Counse!

The New York Mercantile Exchange, Inc., ts compased of mn divisiuns.

The NYMEX Division offers trading in crude oil, heating vil, unleaded gasaline,
namural gas, clercriciny, coal, propane, plarinum, and palladium. The COMEX Division
offers evading in aald, silver, copper, and aluminum,



. 10/18/05 TUE 12:46 FAX 212 299 2298 NYMEX Gore

PROPOSED CHANGES TO COMEX RULE 123.10

underline indicates additions; st#keeut indicates deletions]

Rule 123.10 DELIVERY PROCEDURES

(E) DELIVERY DAY

(2) The Buyer shall Brasent payment te the Seller at the Exchange, oF

transfor_of federaltunds make ‘payment to the seller “through “the
Clearinghouse by 2 p.m. on the Delivery Day, in accordance with
the By-Laws and Rules of the New York Mercantile Exchange, Inc.
and the Commodity Exchange, Inc. (“payment"). Payment shall
be presented before 2:00 PM of Delivery Day.

*

[THE BALANCE OF THE RULE REMAINS THE SAME]

o


10/18/05 TUE 12:44 FAX 212 299 2298 NYMEX

PROPOSED CHANGES TO COMEX RULE 123.10

underline indicates additions; strikeout indicates deletions]

Rule 123.10 DELIVERY PROCEDURES

(E) DELIVERY DAY

(2) The Buyer shall resent payment to the Sellerat the Exchanger oF

translor of federal fund make ‘payment to the seller through the

Clearinghouse by 2 p.m. on the Delivery Day, in accordance with

the By-Laws and Rules of the New York Mercantile Exchange, Inc.
and the Commodity Exchange, Inc. (“payment'). Payment shall

be presented before 2:00 PM of Delivery Day.

[THE BALANCE OF THE RULE REMAINS THE SAME]

Ku

(g 007


. 10/18/05 TUE 12:47 FAX 212 299 2298 NYMEX Bozo

Excerpt from Submission No. 04-173
Dated December 13, 2004


10/18/05

TUE 12:45 FAX 212 299 2298 NYMEX

RC

New York

Mercantile Exchange

December 15, 2004

VIA ELECTRONIC MAIL AND FACSIMILE TRANSMISSION
Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21" Street, N.W.

Washington, D.C. 20581

RE: Rule Certification. NYMEX Submission 04.175: Proposed Changes to
NYMEX and COMEX Rules
To Permit Payment for Metals Delivery Through
The Clearinghouse

Dear Ms. Webb:

The New York Mercantile Exchange, Inc. (“NYMEX”) hereby notifies the Commodity
Futures Trading Commission (“CFTC”) of a self-certification filing to permit the payment for
metals deliveries to made through the clearinghouse. Specifically, the Exchange wil! amend
COMEX Rules 111.45 (Delivery Against Grade 1 Copper Contract’), 112.16 (“Delivery of Silver’),
113.12 (Delivery of Gold"), 123.10 (“Delivery Procedures"; (aluminum)), and NYMEX Rules 90.08
(‘Delivery Procedures”; (platinum)) and 110.08 (“Delivery Procedures”, (palladium)).

Pursuant to Section Sc(c) of the Commodity Exchange Act (“Act”) and CFTC Rule 40.6,
the Exchange hereby certifies that this change in trading hours complies with the Act, including
regulations under the Act.

If you have any questions concerning this submission, please call me.

Very truly yours, .

ellen M. Galish MPa

Vice President and Counse!
(212) 299-2215

Enclosure

New York Mercantile Exchange, Inc.

World Financial Center The New Yorks Mereancile Exchange, Inc.. 11 composed of wa divisions
One North End Avenue The NYMEX Divinion offers trading in erude orl, heating oil, unleaded gasoline,
New York, NY 10282-1101 nacural gas, electricity, coal, propane, platinum, and palladium. The COMEX Division

299-2000 offers wading in gold, silver, copper, and aluminum.

@or2z


10/18/05 TUE 12:44 FAX 212 299 2298 NYMEX goog

PROPOSED CHANGED TO NYMEX RULE 100.08

underline indicates additions; strikeout indicates deletions]

100.08 Delivery Procedure

(G) Delivery Day

The buyer who receives a Notice of Intention to Deliver shall p ob Hite th. Herpeters 2:00

the buyer and-sollor with make make payment to the seller through the Clearing House (payment ’)
before 2 p.m. on the delivery day, in accordance with the Rules and By-Laws of the Exchange,

for the amount payable as shown on the Notice of Intention to Deliver. Upon receipt of
payment, the seller shall give the buyer a depository receipt and, unless such receipt was
issued pursuant to Rule 100.10(a)(5), (6) or (7), an assay certificate which corresponds to the
Notice of Intention to Deliver. The seller must endorse the depository receipt and set forth the
date of endorsement. The day the buyer receives the stated documents shall be referred to as
the Delivery Date. The Exchange shall not be liable or responsible for any failure to make or
take delivery at such other location or for any other act or omission, which can or may occur in
connection herewith.

[THE BALANCE OF THE RULE REMAINS THE SAME]

6)


_ 10/18/05 TUE 12:44 FAX 212 299 2298 NYMEX 'g 008

PROPOSED CHANGED TO NYMEX RULE 90.08

[underline indicates additions; strikeout indicates deletions)

90.08 Delivery Procedure

(G) Delivery Day

The buyer who

eives a Notice of Intention to Deliver shall presentitte-the-seller-before 2:00

--with make payment _to the seller through the Clearing House (“payment”)
before 2 p.m. on the delivery day, in accordance with the Rules and By-Laws of the Exchange
for the amount payable as shown on the Notice of Intention to Deliver. Upon receipt of
payment, the seller shall give the buyer a depository receipt and, unless such receipt was
issued pursuant to Rule 90.10(a)(5), (6) or (7), an assay certificate which corresponds to the
Notice of Intention to Deliver. The seller must endorse the depository receipt and set forth the
date of endorsement. The day the buyer receives the stated documents shall be referred to as
the Delivery Date. The Exchange shall not be liable or responsible for any failure to make or
take delivery at such other location or for any other act or omission, which can or may occur in
connection herewith.

[THE BALANCE OF THE RULE REMAINS THE SAME]

&


10/18/05 TUE 12:47 FAX 212 299 2298 NYMEX

ots iho, U.S. COMMODITY FUTURES TRADING COMMISSION
Sy “a Three Lafayette Centre
S Sg 4155 21st Street, NW, Washington, DC 20581
5 = Telephone: (202) 418-5260
3 2 Facsimile: (202) 418-5527
Ca www. cftc.gov

#1976 ©

Division of

Market Oversight

December 13, 2004

Mr. Brian J. Regan

Vice President and Counsel

New York Mercantile Exchange
One North End Avenue

New York, New York 10282-1101

Re: Proposed Notification of Rule Number Changes (Submission No.
04-173)

Dear Mr. Regan:

By letter dated December 10, 2004, the New York Mercantile Exchange (“NYMEX”)
submitted to the Commission the above-referenced proposal, pursuant to Section 5e(c)(1) of the
Commodity Exchange Act (“Act”) and Commission Regulation 40.6(a). The NYMEX's
submission certifies that the subject proposal complies with the Act and the regulations
thereunder.

Please be advised that the Division of Market Oversight (“Division”) acknowledges
receipt of the subject NYMEX submission. The Division reminds NYMEX that this
acknowledgement does not constitute either Commission approval of the subject proposal or a
finding that the proposal is consistent with the Act and the regulations thereunder.

Very truly yours,

Riva Spear Adriance
Associate Director

go21


_ 10/18/05 TUE 12:45 FAX 212 299 2298 NYMEX Qo

SUBMISSION COVER SHEET

i Exchange Identifier Code (optional) 04.175 Date December 15, 2004

i ORGANIZATION _ } New York Mercantile Exchange, Inc. and Commodity Exchange, Inc |

FILING AS A: DCM [ ]Dco {_] DTEF

|| TYPE OF FILING

* Rule Amendments
X Self-Certification Under Reg. 40.6(a)
[_] Commission Approval Requested Under Reg. 40.5 or 40.4 (a)
[] Notification of Rule Amendment Under Reg. 40.6(c)

im Non-Material Agricultural Rule Change Determination Under Reg. 40.4(b)

¢ New Products

[_]  Self-Certification Under Reg. 40.2 or 41.23

CJ Commission Approval Requested Under Reg. 40.3

i) RULE NUMBERS

¥ COMEX Rules 111.45, 112.16 (including Resolution .10 thereto), 113.12, 123.10 and
| NYMEX Rules 90.08 and 100.08

i} DESCRIPTION (Rule Amendments Only)

i The proposed changes to the COMEX and NYMEX Rules would permit the payment for
metals delivery for copper, silver, gold, platinum and palladium to be made through the
ij NYMEX Clearinghouse.

{4


_ 10/18/05

TUE 12:43 FAX 212 299 2298 NYMEX

Wee
~ New York

Mercantile Exchange

October 18, 2005

VIA ELECTRONIC MAIL AND FACSIMILE TRANSMISSION
Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21" Street, N.W.

Washington, D.C. 20581

RE: Rule Certification. Resubmission of NYMEX Submission 04.175: Proposed
Changes to NYMEX and COMEX Rules To Permit Payment for Metals
Delivery Through The Clearinghouse

Dear Ms. Webb:

At the request of John Forkia, the New York Mercantile Exchange, Inc. ("NYMEX")
hereby provides supplemental notification to the Commodity Futures Trading Commission
("CFTC’) of a self-certification filing to permit the payment for metals deliveries made through the
clearinghouse. Original notification occurred on Dec. 15, 2005 (please find this original
Notification attached in its entirety with previous cover). Specifically, the Exchange will amend

COMEX Rules 111.45 (“Delivery Against Grade 1 Copper Contract”), 112.16 ("Delivery of Silver’),

113,12 ("Delivery of Gold"), 123.10 (“Delivery Procedures"; (aluminum)), and NYMEX Rules
90.08 ("Delivery Procedures”, (platinum)) and 100.08 (“Delivery Procedures”, (pailadium)).

Pursuant to Section Sc(c) of the Commodity Exchange Act (“Act”) and CFTC Rule 40.6,
the Exchange hereby certifies that this change in trading hours complies with the Act, including
regulations under the Act.

In response to questions regarding the accuracy of numbering of the above rules, please
find attached excerpts of submission No. 04-173, dated Dec. 13, 2004, renumbering the rules
upon the merging of rulebooks for NYMEX and COMEX. NYMEX believes that this excerpt and
the CFTC's response thereto sufficiently clarify the current rule numbering scheme and confirm
the accuracy of the above rule number references.

If you have any questions concerning this submission, please call me.

Very truly yours, -

Suellen M. Galish
Vice President and Counsel
(212) 299-2215

Enclosure
cc: C. Bowen (w/o enc.)

New York Mercantile Exchange, Inc.

World Finan}

One Nomth End Avenue ‘The NYMEX Division offers reading in crude oi 9

New York, NY 10282-1101, natural ans, ectricity, coal, propane, plasinus, and palladium, The COMEX Division
(212) 299.200825 —apfers urnddinng in gold, silver, copper. and abwonturn,

The Now York Mercantile Evchanyre, Ine., is compased of ovo divisions
1, benting atl, unleaded ansuline,

003



_ 10/18/05 TUE 12:46 FAX 212 299 2298 NYMEX @ois

PROPOSED CHANGES TO COMEX RULE 112.16

underline indicates additions; strikeout indicates deletions]

112.16 - Delivery of Silver

(a) Silver may be delivered against a silver contract from any
warehouse or vault licensed and/or designated by the Exchange specifically for
the storage of silver, and may not be delivered except from such warehouse or
vault. Each contract unit shall be delivered from a single warehouse or vault.
The Board may from time to time add to or eliminate licensed or designated
warehouses or vaults after notice to members. Said notice shall fix the time
when such changes shall become effective. The addition or elimination of
licensed or designated warehouses or vaults shall not be deemed to affect the
amount of money to be paid or the grade or quality of the silver to be delivered
upon Exchange contract, and shall be binding upon all such contracts entered
into before, as well as after the adoption of such change, anything in these Rules
to the contrary notwithstanding.

RESOLUTION

.10 - Interpretation of Term "Bar List".

(e) The member to whom delivery is made shall at-once make

payment =,
funds to the member who i is makina delivery ‘through the Clearinghouse by 2 p.m,

on the Delivery Day, in accordance with the By-Laws and Rules of the New York
Mercantile Exchange, Inc. and the Commodity Exchange, Inc. (“payment’).

Payment shall be made upon the basis of the weight stamped upon the bars
delivered. If the material is stamped in kilos and the total weight as shown by the
depository on the receipt is in kilos then the total kilo weight should be converted
to ounces for the purpose of determining the billable weight.

*

[THE BALANCE OF THE RULE REMAINS THE SAME]


-10/18/05 TUE 12:45 FAX 212 299 2298 NYMEX @o13

PROPOSED CHANGES TO COMEX RULE 111.45

underline indicates additions; strikeout indicates deletions]

DELIVERY AGAINST GRADE 1 COPPER CONTRACT

Rule 111.45. .

(i) The member to whom delivery is is made shall at-ernce-make-paymentio

erm 6 S a ds make payment to
the seller through ‘the Clearinghouse by 2.p.m. on mn the Delivery Day, in accordance with
the By-Laws and Rules of the New York Mercantile Exchange, Inc. and the Commodity

Exchange, Inc. (‘payment’).

[THE BALANCE OF THE RULE REMAINS THE SAME]

&


10/18/05 TUE 12:45 FAX 2 299 2298 NYMEX WULU

Original Submission No. 04.175

Dated December 15,2004 .

12


_ 10418405 TUE 12:44 FAX 212 299 2298 NYMEX gous

PROPOSED CHANGES TO COMEX RULE 113.12

Underline indicates additions; strikeout indicates deletions)

113.12 - Delivery of Gold.

(e) The member to whorn delivery i is made shall aternce make payment to
ds to the member

who is tnaking, delivery threuch the Clearinghouse by 2 pm. on the Delivery Day, in

accordance with the By-Laws and Rules of the New York Mercantile Exchange, Inc. and

the Commodity Exchange, Inc. (“payment”). Payment shall be made upon the basis of
the weight as certified in the weight certificate for the lot and the fineness of such gold

up to 9999 fine as stamped on the bars.

[THE BALANCE OF THE RULE REMAINS THE SAME]

&


_ 10/18/05 TUE 12:46 FAX 212 299 2298 NYMEX @o17

PROPOSED CHANGED TO NYMEX RULE 90.08

underline indicates additions; strikeout indicates deletions}

90,08 Delivery Procedure

(G) Delivery Day

the buyer and eollot with make make “payment to the seller through the Clearing House (" payment’)
before 2 p.m. on the delivery day, in accordance with the Rules and By-Laws of the Exchange
for the amount payable as shown on the Notice of Intention to Deliver. Upon receipt of
payment, the seller shall give the buyer a depository receipt and, unless such receipt was
issued pursuant to Rule 90.10(a)(5), (6) or (7), an assay certificate which corresponds to the
Notice of Intention to Deliver. The seller must endorse the depository receipt and set forth the
date of endorsement. The day the buyer receives the stated documents shall be referred to as
the Delivery Date. The Exchange shall not be liable or responsible for any failure to make or
take delivery at such other location or for any other act or omission, which can or may occur in
connection herewith.

[THE BALANCE OF THE RULE IS REMAINS THE SAME]

«?


10/18/05 TUE 12:47 FAX 212 299 2298 NYMEX

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CONNECTION TEL 912024185521
SUBADDRESS

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ST. TIME 12/16 09:39

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RESULT OK

NEW YORK
MERCANTILE EXCHANGE

One North End Avenue
World Financial Center
New York, NY 10282-1101
(212) 299-2215
Fax: (212) 299-2298

FAX TRANSMISSION COVER SHEET

DATE: December 16, 2004
TO: Ms. Webb
Office of the Secretariat
Commodity Futures Trading Commission

FAX #: 202-418-5521

SENDER: Suellen Galish

You should receive ] page(s), including this cover sheet. If you
do not receive every page, please call Narine at (212) 299-2210


10/18/05 TUE 12:43 FAX 212 299 2298 NYMEX Boos

PROPOSED CHANGES TO COMEX RULE 112.16

underline indicates additions; st¥keeut indicates deletions)

112.16 - Delivery of Silver

(a) Silver may be delivered against a silver contract from any
warehouse or vault licensed and/or designated by the Exchange specifically for
the storage of silver, and may not be delivered except from such warehouse or
vault. Each contract unit shall be delivered from a single warehouse or vault.
The Board may from time to time add to or eliminate licensed or designated
warehouses or vaults after notice to members. Said notice shall fix the time
when such changes shall become effective. The addition or elimination of
licensed or designated warehouses or vaults shall not be deemed to affect the
amount of money to be paid or the grade or quality of the silver to be delivered
upon Exchange contract, and shall be binding upon all such contracts entered
into before, as well as after the adoption of such change, anything in these Rules
to the contrary notwithstanding.

*

RESOLUTION

.10 - Interpretation of Term "Bar List’.

(e) The member to whom delivery is made shall at-ence make
payment ber raking verb clectrenic_transfer-of fedora
funds to the member who is making delivery through the Clearinghouse by 2 p.m.
on the Delivery Day, in accordance with the By-Laws and Rules of the New York
Mercantile Exchange, Inc. and the Commodity Exchange, Inc. (“payment’).
Payment shall be made upon the basis of the weight stamped upon the bars
delivered. If the material is stamped in kilos and the total weight as shown by the
depository on the receipt is in kilos then the total kilo weight should be converted
to ounces for the purpose of determining the billable weight.

*

[THE BALANCE OF THE RULE REMAINS THE SAME]

Oo


10/18/05 TUE 12:43 FAX 212 299 2298 NYMEX

PROPOSED CHANGES TO COMEX RULE 111.45

(underline indicates additions; strikeout indicates deletions]

DELIVERY AGAINST GRADE 1 COPPER CONTRACT

Rule 111.45. .

(i) The member to whom delivery is made shall atence make-paymentio
the membermaking delivery-by_the clecironic trancferottederaltunds make payment to

the seller through the Clearinghouse by 2 p.m. on the Delivery Day, in accordance with
the By-Laws and Rules of the New York Mercantile Exchange, Inc. and the Commodity

Exchange, Inc. (“payment’).

[THE BALANCE OF THE RULE REMAINS THE SAME]

Q

Boos


10/18/05 TUE 12:46 FAX 212 299 2298 NYMEX 015

PROPOSED CHANGES TO COMEX RULE 113.12

underline indicates additions; strikeout indicates deletions]

113.12 - Delivery of Gold.

(e) The member to whom delivery is made shall at-ence make payment te
to the member
who is making delivery through the Clearinghouse by 2 p.m. on the Delivery Day, in
accordance with the By-Laws and Rules of the New York Mercantile Exchange, Inc. and
the Commodity Exchange, Inc. (“payment”). Payment shall be made upon the basis of
the weight as certified in the weight certificate for the lot and the fineness of such gold
up to 9999 fine as stamped on the bars.

[THE BALANCE OF THE RULE REMAINS THE SAME]

&


lo

18/05 TUE 12:46 FAX 212 299 2298 NYMEX

PROPOSED CHANGED TO NYMEX RULE 100.08

underline indicates additions; strikeout indicates deletions}

100.08 Delivery Procedure

(G) Delivery Day
The buyer who receives a Notice of Intention t to Deliver shall | prosentitto-the seller before 2:00

the buyer and sellor_with make make payment to the seller through the Clearing House (“ payment’)
before 2 p.m. on the delivery day, in accordance with the Rules and By-Laws of the Exchange,
for the amount payable as shown on the Notice of Intention to Deliver. Upon receipt of
payment, the seller shall give the buyer a depository receipt and, uniess such receipt was
issued pursuant to Rule 100.10(a)(5), (6) or (7), an assay certificate which corresponds to the
Notice of Intention to Deliver. The seller must endorse the depository receipt and set forth the
date of endorsement. The day the buyer receives the stated documents shall be referred to as
the Delivery Date. The Exchange shall not be liable or responsible for any failure to make or
take delivery at such other location or for any other act or omission, which can or may occur in
connection herewith.

[THE BALANCE OF THE RULE REMAINS THE SAME]

O

\g 018