December 9, 2005

Via E-Mail

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: Amended Rule Certification. NYMEX Submission 05.207: Notification
of New NYMEX Division Rule 8.21A, Maintenance of Health and Safety
in Exchange Trading Rings.

Dear Ms. Jean Webb:

The New York Mercantile Exchange ("NY MEX" or the "Exchange") is notifying the
Commodity Futures Trading Commission (“CFTC” or Commission”) of new NYMEX Division
Rule 8.21A, Maintenance of Health and Safety in Exchange Trading Rings.

Effective on the open of trading on Tuesday, January 3, 2006, NYMEX will implement
procedures to set hard limits on the number of Floor Members who may stand on a particular step
in the trading ring. The original NY MEX Submission 05.207 had indicated an effective date of
Monday, December 12, 2005. As proffered in the Rule, implementation will be on a ring-by-ring
basis as per the direction of the Board of Directors. As of the effective date, only the Crude Oil
futures ring will be governed by the new Rule. The new Rule also establishes objective criteria
for use by Exchange Staff in determining who would be eligible to stand on a particular step, and
specifies the disciplinary action to be taken for violators of the Rule. Pursuant to Section Sc(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)
299-2897, or Brian Regan, Vice President and Counsel, at (212) 299-2207.

Very truly yours,

Thomas F. LaSala
Senior Vice President
Compliance and Risk Management

cc: Nancy Minett
George Henderson


NEW NYMEX RULE 8.21A
(“Maintenance of Health and Safety in Exchange Trading Rings”)

A) No Floor Member may stand on the top step, second step (or as necessary lower steps) of a
NYMEX Division trading ring unless such Floor Member is presently authorized to occupy such step of
the applicable trading ring by NYMEX staff. For each trading ring, NYMEX staff, in consultation with
the Facilities Committee, and as may be phased in on a ring-by-ring basis in the sole discretion of the
Exchange, shall initially determine the maximum number of actual Floor Members who can reasonably
and safely occupy the top step, second step and as necessary any other step of that ring.

B) (1) Based upon such safety calculations, Exchange staff then will determine those Floor Members
who may stand on the applicable rings based solely upon the following criteria (reviewing, on a monthly
basis, trading volume (including TAS transactions but not including any non-competitive transactions
such as EFP, EFS or IXA) data for the immediately preceding three-month period or such other period as
may be set by Exchange staff):

(a) for the top step, total customer volume executed by a Floor Member except that no Member
Firm and no billing entity may have more than three affiliated Floor Members on either of the
two sides of a ring;

(b) for the second step, total trading volume executed by a Floor Member;

(c) as necessary, for lower steps in the applicable ring, total trading volume executed by a Floor
Member.

In relation to the top step, for any ring where the Exchange has implemented the provisions of this rule,
no Floor Member thus will be authorized to stand on the top step if such Member’s trading is limited to
trading solely for his own proprietary account.

(2) While the calculation for top step volume will be made on the basis of customer volume executed by
individual brokers, the Exchange will permit reasonable substitutions for a broker by a Member Firm or
billing entity with whom the broker is affiliated, provided that either the broker or the Member Firm or
billing entity has for purposes of this rule given notice to the Exchange of such affiliation.

(3) Floor Members shall have the right to request a further review or reconsideration by Exchange staff
of any determination affecting them or their Member Firm or billing entity, and any such requests must

be submitted in the form and manner as provided by the Exchange, provided, however, that the filing of
any such request for reconsideration will not excuse or justify any noncompliance with this rule.

C) No Floor Member may stand on a step after being notified by the Floor Committee that the Floor
Member is not authorized to stand on that step.

D) The Floor Committee may impose summarily on any Floor Member in violation of this rule a
Warning Letter and/or a fine of not less than $1,000 dollars but not more than $2,500 for each violation
of this Rule, and violation of this Rule 8.21A for each new trading session shall constitute a separate
violation, provided that, in the event of repeated violations by a Floor Member, the Floor Committee may
determine to refer such Floor Member to the Business Conduct Committee for further action. Any fines
issued pursuant to this Rule may be appealed in the same manner and under the same procedures set forth
in Rule 8.21.