Gis) NEW YORK

BOARD OF TRADE*
World Financial Center
One North End Avenue

New York, New York 10282

BY ELECTRONIC TRANSMISSION

06-14
June 16, 2006

Ms. Eileen A. Donovan o
Acting Secretary of the Commission S
Office of the Secretariat - .
Commodity Futures Trading Commission : =
Three Lafayette Centre :
1155 21" Street, NW :
Washington, DC 20581 Fr

Re: Amendments to Cocoa Resolution No. 4 -
Submission Pursuant to Section 5c(c)(1) of the Act and Regulation 40.6

Dear Ms. Donovan:

Pursuant to Section 5c(c)(1) of the Commodity Exchange Act, as amended, and
Commission Regulation 40.6, the Board of Trade of the City of New York, Inc. (“Exchange”)
submits, by written certification, amendments to Cocoa Resolution No. 4, attached as Exhibit A.

The amendments will increase the grading fee for the Cocoa futures contract by $9.00 per
lot and raise the amount of the fee that is disbursed to each of the three graders by $3.00 per lot.
Under the amendments, the grading fee will increase for lots of one or two chops from $90 to
$99, and increase the amount of the fee that is distributed to each grader from $15 to $18. Fees
paid for lots of more than two chops and the amounts distributed to graders for such lots would
also increase by $9 and $3, respectively.

The amendments will not have a material effect on the value of the Cocoa futures
contract and will become effective on or about August 1, 2006.

The Exchange certifies that the amendments comply with the requirements of the
Commodity Exchange Act and the rules and regulations promulgated thereunder.

The amendments were adopted by the Exchange’s Board of Governors on June 15, 2006.
No substantive opposing views were expressed by members or others with respect to the
amendments.



-2-

If you have any questions or need further information, please contact me at

jfusco@nybot.com or 212-748-4021.

Sincerely,

Jason V. Fusco
Compliance Counsel

ce: Riva Adriance
Thomas Leahy
CFTC, Division of Market Oversight
Allen Cooper
CFTC, New York Regional Office


(In the text of the amendments below, additions are underlined and deletions are bracketed and
lined out.)

No. 4. Cocoa Grading Fees

WHEREAS, Rule 9.18 authorizes the Board to establish fees, payable by the Person, who submitted
the Sampling Order, to the Exchange, for grading Cocoa in accordance with the Rules;

NOW, THEREFORE, BE IT RESOLVED, that with respect to each Lot graded by Exchange licensed
graders, the Person, who submitted the Sampling Order, shall pay the Exchange the following fees, which
shall be distributed by the Exchange to such graders as indicated below:

(i) ninety nine dollars ($99[9]) per Lot of one (1) or two (2) chops, of which each such grader shall
receive eighteen [fifteen] dollars ($18[5]);

(ii) one hundred eleven [te] dollars ($111[92]) per Lot of three (3) chops, of which each such
grader shall receive twenty one [eighteen] dollars ($21[48]);

(iii) one hundred twenty- three [fourteen] dollars ($123[44]) per Lot of four (4) chops, of which
each such grader shall receive twenty-four [ene] dollars ($24[4]); and

(iv) one hundred thirty- five [twenty-six] dollars ($135[26]) per Lot of five (5) or six (6) chops, of
which each such grader shall receive twenty-seven [four] dollars ($27[4]);

RESOLVED, that the term "Lot" as used in this Resolution shall mean the entire quantity of Cocoa
beans tendered in fulfillment of an Exchange Futures Contract; provided, however, that if only a portion
of a Lot shall be graded the fee to be paid to the Exchange shall be the corresponding portion of the fee
adjusted to the next higher even dollar amount (the "adjusted fee") and that portion of the fee to be
distributed to each appropriate licensed grader shall be one-third of:

(i) fifty percent (50%) of the adjusted per Lot fee in the case of one (1) or two (2) chops;
(ii) fifty-seven [three] percent (57[3]%) of the adjusted per Lot fee in the case of three (3) chops;
(iii) fifty-nine [fA¥e] percent (59[5]%) of the adjusted per Lot fee in the case of four (4) chops;

(iv) sixty [ff3-se¥en] percent (60[57]%) of the adjusted per Lot fee in the case of five (5) or six (6)
chops; and

BE IT FURTHER RESOLVED, that where a Sampling Order is filed with the Exchange and cocoa is
received for grading and where the Exchange is then requested to cancel the submission for grading, the
Exchange shall retain

(i) fifty percent (50%) of the per Lot fee in the case of one or two (2) chops;
(ii) forty-three [seven] percent (43[7]%) of the per Lot fee in the case of three (3) chops;

(iii) forty-one [f¥e] percent (41[5]%) of the per Lot fee in the case of four (4) chops; and
(iv) forty[+hree] percent (40[3]%) of the per Lot fee in the case of five (5) or six (6) chops.

The remainder of the fee(s) shall be returned to the Person submitting the Sampling Order. Where
the Exchange receives a request to cancel the submission for grading and the grading has already
occurred, no portion of the fee(s) shall be returned to the Person submitting the Sampling Order.

[REMAINDER OF RESOLUTION UNCHANGED]

EXHIBIT A