(3) All-deleti " nm tto-thi
s+ 1) i

{a} the requesting member a deleti t sti fos ided-by the Exch: flecting-th
BFOP: 1 iP Pi st 'g-

{b} + the-deletion-slin-to-atleast-th: bi £ the Fleor-C. ittee-for-their-writt 1:
{8}? iP PP i

COMEX Rule 104.82, Submission of Trade Data

(a) General Requirements.

(1) A Seller Fleer trading Members shall be responsible for reporting the following data for each trade executed on
the Exchange:

(4A) all information recorded on a floor member's trading card pursuant to Rule 104.80(b) and order tickets pursuant
to Rule 104.81(a) and (b);

(2B) an appropriate customer type indicator (CT!) and indicator code as described in section (b) below;
(3C) the clearing member and account in which the trade will clear; and
(4D) such other information as the Exchange may require to match and/or clear a trade.

(2) A Buyer is responsible to review trade information in TMS routinely throughout the day, and for each of
his trades, to supply the following information upon receipt of trade data input by the Seller:

(A) the time of the trade as recorded by the Buyer on his or her trading card;
(8) an appropriate customer type indicator (CTI) and indicator code as described in section (b) below;
(C) the clearing member and account in which the trade will clear; and

(D) such other information as the Exchange may require to clear a trade.

(b) Customer Type Indicator Codes. Floor Trading Members shall be responsible for reporting to the Exchange on
the On-tine-Trade-Entry System-+OLTE") Trade Management System (“TMS”), appropriate CTI and indicator
codes for transactions executed on the Exchange Floor. Authorized Terminal Users shall be responsible for reporting
to the Exchange and on CME Globex®, NY¥MEX-AGCESS® appropriate CTI and indicator codes for transactions
executed on Globex® NY¥YMEX-ACCESS. Appropriate CTI and indicator codes shall include a combination from
sections (1) and (2) below:

(1) CTI Codes:

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

(B) 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.


The Executive Operations Committee or any Exchange employee designated by the President, including the
nior Vice President or Vice President of rations, or the Senior Vice President or Vice President of
Compliance, shall have the authority to direct any floor member or clearing member to submit to an operational
audit to be performed by the Exchange or to submit by-such accurate trade data in a timely fashion. Any floor
member or clearing member that is the subject of such directive shall cooperate fully and completely therewith.

In addition, upon the request of the President or any Vice-President, the Executive Operations Committee shall
meet to determine whether, as the result of an-excessive- number of unmatched trades-either onthe Exchange

ith Jearing members, or as-the-resultof untimely trade submission, a situation involving any or
all floor members and/or clearing members exists that may tend to impair the orderly and efficient operations of the
Exchange. If the Executive Operations Committee determines that such a situation exists:

(a) the Executive Operations Committee may require any or all floor members or clearing members to retain such
clerks and related personnel as may be necessary to aid in the timely submission of trade data and-the-resolution
ofunmatched-trades ; and

(b) the Executive Committee, after consultation with the Operations-Committee, may prohibit any or all floor
members and clearing members from taking any new positions in futures contracts or futures options and may limit
the trading by such floor members and clearing members to liquidating transactions. Any such determination shall be
accomplished in the manner and pursuant to the procedures set forth in Rule 8.43 ("Summary and Emergency
Procedures”).


Pest Settlement Session - -
Sminutes 5 4 utes are 30 4 tutes afte

Teas: the-orderly-and efficient- operations of the Exchange, the Operations Cx itt the-Rresidentofihe
odify-the-schedule-for-t ission-of data_-upen notification-of all bers-Failure-t ply-with
ing thi bject-afi bi Jeari ber-to-the-sancti licable-to
i ig PP
iolatis £ the-submission-schedule-set forth-abi

S oh 2 7

(1) All data required to be submitted under section (a)(1) of this rule shall be submitted by the Seller within
fifteen (15) minutes of the trade, except that data pertaining to any trade to be considered in determining a

Settlement Price by means of the Average Weighted Price mechanism must be submitted within ten (10)
minutes of the trade.

2) _All data required to be submitted under section (a)(2) of this rule shall be submitted by the Buyer within
one (1) hour of receipt of trade data through TMS from the Seller.

(3) To assure the orderly and efficient operations of the Exchange, the Floor Department Staff, in
consultation with the COMEX Floor Committee or the President of the Exchan: modify the timeframes
in which data must be submitted under this rule, upon notification of all COMEX Members. Failure to comply
with a directive modi the submission timeframes shall subject a Member to the sanctions applicable to
violations of the timing provisions in sections (d)(1) and (d)(2) of this rule.

(e) Corrections. The Exchange shall establish the deadline by which corrections may be submitted on each business

lear ber-shall-th: bmit-th: tic-t diskette in accordance-with the-schedule-set forth 4
is A gt pe-OF di
(f [Reserved

(g) Trade Allocation.

(1) If a member or member firm receives an order or series of orders which, if filled, either partially or fully, will
require allocation of trades between or among multiple accounts, the member or member firm may input the data
pertaining to the trade executions into a specially designated allocation account to facilitate trade check-out and data
processing of such trades.

(2) For purposes of compliance with the input timing requirements schedule set forth in section (ed) of this Rule, if
the member or member firm has not received specific allocation instructions prior to trade execution or the volume of
orders required to be allocated is such that the member or member firm cannot input all data elements needed to
separately identify each account for which trades were executed before the prescribed submission deadline, the
member or member firm shall submit transmit the trade to the Exchange using an aggregate account identifier that
will distinguish the trades placed in the allocation account from all other trades for which data is being submitted.

(3) After initial input of data for the allocation account, the member or member firm shall input specific account
identification for each contract purchased or sold. Specific account identification for each contract purchased or sold
must be entered as soon as practicable but in no event later than the day of execution, prior to the end of the
correction period, as described in paragraph (¢@) above.


(C) (i) 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.

(ii) When an Authorized Terminal User executes trades on NYMEX ACGESS® Globex® 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.

(D) When a Floor Trading Member or Authorized Terminal User executes trades for any account, other than those
listed in subdivision (A), (B), (C), he/she shall designate the trades as CTI 4.

(2) Indicator Codes. All of the above CTI codes summarized in section (1) of this Rule must be used in combination
with one of the following indicator designations:

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

(B) 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.

It shall be a Major Offense for Floor Trading Members or Authorized Terminal Users to knowingly assign false
indicator codes to trades executed on the Exchange Floor or on Globex.

(c) Methods of Submission. All trade data shall be submitted to the Exchange by each floor member by the
metheds-prescribed-below: means of TMS.

(4). floor member shall submit trade data either te the clear intended-te-clearthe-trade-orte-th
Exch: Submission-to-a-cloark ber-shall be-made-by-delf: £the-to; {the-original) of the-f
ge ig ¥ ¥ top-copy ‘gi
bers-tradi d-of-order-ticket-to-the-cleari mber-submission-of data to-th hi hall-bi de-b:
6-H g 'g submissi = ig YY

40:34 through-44:00 44:45 44:30-a.m

44:04 a.mthrough 44:30. 44:45-a.m. 42:00-neor
44:34 through42:00 4245-5, 42:30-p.


COMEX Rule 104.86, Rejection and Resolution of Trades

(a) Rejection of Trades. Trade data for each trade shall be submitted directly to the clearing member intended to
clear the trade pursuant to Rule 104.82(b) or reported to the clearing member. If the data submitted or reported to
the clearing member does not comply with the requirements set forth in Rule 104.82(a) or the account identification
data is erroneous (i.e. is misnumbered or refers to an account which is not carried by the clearing member, to an
account over which the floor member has no trade execution authority, or to an account for which the clearing
member has advised the floor member, in writing, that trades may not be executed), the clearing member may reject
the trade for clearance, provided that the clearing member so notifies the executing floor member within two (2)
hours of receipt of the trade data from the floor member or report of the trade data by the Exchange or, in the case of
data submitted after the close of trading in a particular market, within one (1) hour after receipt or report of the data.

(b) Resolution of Trades.

(1) Due Diligence. Each floor member and each clearing member shall exercise due diligence to resolve, prior to the
opening of trading on the business day following trade execution, trades-which-are-unmatehed{ trades for which
the trade data submitted to the Exchange for the two sides of the trade reflect differences in commodity, delivery
month and/or year, purchase or sale, price or premium, put or call, strike price, or executing broker-) or which mateh
‘ut are otherwise unreconciled.

(2) Resubmission of Data. Trade data may be re-submitted to reconcile mateh an otherwise unmatched
unreconciled trade until the end of the corrections period on the fourth business day after trade execution, provided

that such period may be extended by the Operations-Committee Board of Directors, or a duly authorized
committee thereof, if necessitated by data processing problems.

(3) Limits of Liability.
(A) Hatrade-cutnt

{8) If an unmatched unreconciled trade has not been cenfirmed-or otherwise agreed upon by the executing floor
members, the limit of liability of the parties to the transaction in an arbitration shall be the opening price of the
contract on the second business day following trade execution.

(BG) If either a floor or clearing member fails to notify the other of a reconciliation problem prior to the opening of
trading in that contract on the next business day, the other party's financial liability for the trade shall be limited to
that moming's opening range of prices trades.

104.87 [Deleted] Staff Authority Over Unmatched trades.

ig ig
eFder-to-aid in-the-timely submission trade-data-and-th: Jution-of tched-trades:

as-the-President h-Vice-Rrasident may-d Any-fi bi Jearing: ber-thatis-the

bject of such directive shall fully te-and Iy-thi ith,

COMEX Rule 104.88, Operations-and-Executive-Committee Oversight of Exchange Operations


February 9, 2007

Via E-Mail

Office of the Acting Secretary
Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: Revised: Rule Certification. NYMEX Submission 07.22: Notification of
Amendments to COMEX Division Rules 104.62, 104.82, 104.84, 104.86, and 104.88;
and the deletion of COMEX Division Rules 104.63, 104.83, 104.85 and 104.87, in
connection with the migration of COMEX from the On Line Trade Entry (OLTE)
system to the Trade Management System (TMS).

Dear Ms. Eileen Donovan:

The New York Mercantile Exchange ("NYMEX" or the "Exchange") is notifying the
Commodity Futures Trading Commission (““CFTC” or ““Commission”) of amendments to
COMEX Division Rules 104.62, 104.82, 104.84, 104.86, and 104.88; and the deletion of
COMEX Division Rules 104.63, 104.83, 104.85 and 104.87.

Effective February 12, 2007, trades executed on the COMEX Division in Aluminum and
Copper will be processed by the Exchange using the Trade Management System (TMS),
currently used by the NYMEX Division, rather than the On Line Trade Entry (OLTE) system that
has until now been used by the COMEX Division. The amendments to the COMEX Division
Rules indicated above would enable the use of this system and generally would require that
members take the necessary steps and adhere to the time deadlines applicable to TMS for trade
data entry and processing. The Exchange will notify the CFTC as each contract is moved from
OLTE to TMS.

Pursuant to Section Sc(c) of the Commodity Exchange Act (“Act”) and CFTC Rule 40.6,
the Exchange hereby certifies that the attached rule amendments comply with the Act, including
regulations under the Act.

If you have any questions, please contact Nancy Minett, Vice President, Compliance, at
(212) 299-2940, or myself at (212) 299-2897.

Sincerely,

Thomas F. LaSala
Chief Regulatory Officer
ce: Nancy Minett
Brian Regan


(4) If the member or member firm has not allocated a trade or trades held in an allocation account by the end of the
correction period on the day of trade execution, the trade or trades shall be placed in the account of the executing
floor member at his PCM.

(h) Average Price Data Input. Following execution of a trade intended to be reported and confirmed as an average
price trade in accordance with Rule 104.90 ("Average Price Trades"), the trade shall be input at the trade execution

price with a designation as an average price trade. A separate aggregate identifier shall be used to distinguish
each set of trades to be averaged.

* * * *

COMEX Rule 104.83 Deleted Transcription-of Trade-Data

COMEX Rule 104.84, Verification of Trade Data

(a) Confirmation of Trades. Each party to a transaction on the floor of the Exchange or representative thereof shall
confirm promptly with the opposite floor broker or floor trader or representative thereof the price, quantity and
delivery month of each futures contract and the price, quantity, futures option series and type of each futures option
which is the subject of such transaction.

(b) Identification of Clearing Member. At any time subsequent to the consummation of a trade, a floor member may
require the other party to the trade to declare the name of the clearing member through whom the trade will be
cleared. If the other party fails to declare the name of his clearing member within ten (10) minutes, the floor member
shall report such failure to the Floor Committee and immediately close out the contract. Any loss or damages.
sustained by reason of closing out a contract pursuant to this Rule shall be paid by the defaulting party.

(c) Availability of Members and Clerks. Each clearing member and each floor member shall provide a sufficient
number of clerks, not less than one, authorized and registered with the Exchange, to check trades, verify and submit
trade data, and resolve unmatched-and unreconciled trades throughout the day (which shall include the evening
corrections period) to insure that the general business of the members shall not be unduly hindered or delayed. Any
floor member who executed trades on a business day must have such a representative available on the COMEX
trading floor on the next business day one hour prior to the opening of the earliest contract market which that floor
member trades and each clearing member shall have such a representative available on the COMEX trading floor by
7:15 a.m. each business day, or at such time as may be determined by the Operations Floor Committee or duly
authorized Exchange Staff, to assist in the resolution of any problems, including those involving unmatched trades,
which have arisen in connection with the prior day's submission of the floor member's trade data. All members shall
be present or available while their trades of the day are being verified and submitted and shall have representatives
present with a copy of all relevant and necessary trade documentation including their trading card sand order tickets.

104.85 [Deleted] Clearing Member Represented-onFloor

Each clearing firm-shall-h full-time-roprosentati the COMEX trading fleor whe i

behalf-ef the clearing fi dt t-deli "i ified locati the-trading-floor-of tradi Fd der
> ig P yr Pi 9 ig floor; is

tickets presentati Rall-b
an entative-Each



(eG) Cross Trades. Notwithstanding any other provision of this Rule, a cross trade may be added into the records of
the Exchange only if:

(1) the trade was not recorded in the Exchange's record due to an error of an Exchange employee;

(22) the floor member presents an add-in slip to a member of the Floor Committee within 10 minutes of the time the
cross trade was executed;

(33) the Floor Committee member to whom the slip is presented signs the slip acknowledging that he observed the
floor broker announce his bid and offer, by open outcry, prior to the execution of the cross trade;

(44) the floor member presents the signed add-in slip to a designated Exchange employee at the podium in the ring
in which the trade was executed;

(85) the Exchange employee who supervises the trading ring in which the trade was executed announces the
proposed add-in cross trade to the ring; and

(66) following receipt of no objection from any member in the ring, the ring supervisor co-signs the slip and
authorizes insertion of the trade into the Exchange's records.

COMEX Rule 104.63 Add-In-Trades-Which-Are-Not Discovered Promptly [Deleted]

thy bers-of the Floor-C: ittee-fortheirwritt 1h if-th
dd-i bmitted-within- fifteen 45} to forty-five (45) minutes-of the-trade:



1) in the opinion of such person approving the correction, it appears that permitting the incorrect report to
stand would result in a manifestly gross distortion of price reporting or a manifestly gross inequity to one
Party; and

(2) when each Trading Member who wa: arty to the transaction and each Clearing Member who cleared a
Portion of the transaction has indicated that such person approved of the correction; and

(3) the party making the request has made the request within a reasonable time under all the circumstances
present; and

(4) the Trading Member presents documents that, in the opinion of the person approving the request,
support the correction, and

(5) the person approving the request has taken into consideration all of the factors set forth in subsection
(B) of this Rule. The person approving such request shall prepare a written record setting forth the reasons
for making the correction and shall attach to such record a copy of all documents submitted in support of
the est and the original approvals required under this subsection (F)

faHfanyf ber-di ithin-fifteen-45} minutes-after-th: tion-of-a-fut t i

eh
i m f ided-by the Exchange -reflecting thet fF sucht Hy

(3}.wheth h-trade-will-establish. high-orlow-for-that- deli th for the-day:
} A is! ig! ¥ yirand

thin fifteen-45) minutes-of the-ti f tion-of-a-futures-t tion. 5-(60)-minutes-of the-ti q
tion-of tion transaction;-or (3) there-ic od. hy bs ber for-refusi of
tis OG g yy any ig appt
such-add-in-or-deletion-F: £f thie Rule-104.62/c) it shall bo-d mi for-rofusi
laailie “Se{G} g 'g-
h dd-in-or-deletion-slip ifthe. rei deletion thereof from-the-official ds-of the Exch:
PP lig g- g
thi fide-st lienit-order-to-attempt-t te-thi
P- P
(a) Di Lof Add-In-or Delotion-It ber-ofthe Floor-C. itt Ring-Si ‘ tes-dis 1
{e+ PPA F ig Supt PP
dd-in-or- deletion slip, the-trad y-not thereafter be-approved-without-the fi bi Ki d-obtaini
the-weitt -on-the-add-in-or-deletion-slio-of thi be £ the Floar-Ci itt -only-after-such-thi
PP iP y

merbers-of the- Floor Committee -have-conculted_with th ber-of the-Floer Commities-that originally disapproved



(Additions are in bold/underline; deletions are in bold/strikethrough.)
COMEX Rule 104.62, Add-In Trades of or Deletion Requests Which Are Promptly Discovered

(A) If any Trading Member discovers that a properly executed transaction in which he has participated on the
Exchange Floor has not been reported by the Exchange, or has been reported incorrectly, he immediate!

shall notify the Chairman or any Vice Chairman or any member of the Floor Committee, the Floor Manager or
any Exchange Emplo who is designated by the President for such purpose, of such fact and request that

the transaction be included in the Exchange Records as an insert or correction, as the case may be.

(B) The Chairman, any Vice Chairman, any member of the Floor Committee, the Floor Manager, or any
Exchange employee who is designated by the President for such purpose, has the authority to approve an
insert or a correction on the day the transaction was executed provided, however, that no member may
participate in any deliberation or decision involving an insert or correction if that member has a personal or
financial interest in the requested change. Any request for an insert or correction which is made later than
fifteen minutes after the subject transaction or which would effect the daily opening range or closing range
or high or low, must be approved by either the Floor Committee Chairman, Vice Chairman, Ring Chairman, or
a designated Exchange employee including the Senior Vice President of Operations, Vice President of
Compliance, the Vice President of Floor Operations and System, or two members of the Floor Committee. In
making such determination, the member of the Floor Committee, the Floor Manager or any Exchange
employee who is designated by the President for such purpose shall consider;

(i) bids, offers, and prices prevailing both at the time the trade allegedly was executed and at the time the
insert or correction was requested;

(ii) activity in the ring at the time the trade allegedly was executed;

(iii) whether the insert or correction will establish a new high or low for that delivery month for such Trading
day; and

(iv) such market and other considerations as may be appropriate.

(C) The Exchange will keep a log of all insert or correction requests including the details of the insert or
correction requested and the name of the member or employee authorizing the insert or correction. The log
entry for any insert or correction request made later than fifteen minutes after the subject transaction must

also contain the name of the member making the request.

(D) No insert and no correction may be made unless a request to approve the insert or correction is made
jithin the time limits prescribed in this Rule. If the request relates to a properly executed transaction that

has not been reported by the Exchange, such request must be made by 3:30pm. _If the request relates toa
correction of a properly executed transaction that has been erroneously reported to or by the Exchange,
such request must be made prior to the close of trading on the business day following the day on which the
transaction was executed.

(E) The Senior Vice President of Operations, Vice President of Compliance, the Vice President of Floor
Operations or the Vice President of Floor Trade Data Entry and System, shall have the authority to approve
an insert or correction up to two business days following the day on which the transaction was executed
when the Trading Member presents documents that indicate, in the opinion of the above noted Exchange
employee, that an insert or correction is warranted. Such documents include, but are not limited to, time

stamped order tickets, pit cards, trading cards, written reports of execution and other similar documents. No
insert or correction shall be approved unless the person approving the correction also takes into

sideration the fa set in subsection (B) is Rule.

F) Where a properly executed transaction has been inco: ly reported and such transaction has not been
corrected within the time limits prescribed by subsections (B), (C), (D) and (E) of this Rule, a Trading Member

who was a party to such transaction may request the Chairman, any Vice Chairman of the Floor Committee,
the President or any of the above noted Exchange employees to approve a correction of such transaction.

Such correction shall be made when.