June 8, 2006 OFC. OF

Ms. Eileen A. Donovan

Assistant Secretary of the Commission for
FOI, Privacy and Sunshine Acts Compliance
Commodity Futures Trading Commission

Three Lafayette Centre SUNHOENTIAL TREAIIMEN

1155 21* Street, N.W.

Washington, D.C. 20581 REQUESTER

RE: FOIA CONFIDENTIAL TREATMENT REQUEST
Dear Ms. Donovan:

The Board of Trade of the City of Chicago, Inc. (“CBOT®” or “Exchange” hereby petitions the
Commodity Futures Trading Commission, pursuant to Regulation 145.9, 17 C.F.R. §145.9, for
confidential treatment of a document relating to the CBOT’s business. This document is being
provided to the Office of the Secretariat of the Commission, in a Rule Certification, Reference
File #2631.03, in connection with the establishment of an Electronic Market Maker (EMM)
Program for CBOT 100 oz. Gold Options, and is entitled “Appendix | — Salient Features of
CBOT® 100 oz. Gold Futures Options Electronic Market Maker (EMM) Program”.

Confidential treatment is requested for this document, until further notice, because disclosure
would reveal confidential commercial or financial information.

Pursuant to Regulation 145.9 (d)(3), 17 C.F.R. §145.9 (d)(3), the undersigned may be reached at

the Chicago Board of Trade, 141 West Jackson Boulevard, Chicago, Illinois 60604 at (312) 435-
3605.

Sincerely,

Paul J. Draths
Vice President and Secretary

ce: Office of the Secretariat


EEN -8 Fl 2 34

OFC. GF THE SECRETARIAT

June 8, 2006
Ms. Eileen A. Donovan
Acting Secretary
Commodity Futures Trading Commission
Three Lafayette Centre
1155 21* Street, N.W.
Washington, D.C. 20581
Reference File #2631.03

Rule Certification
Dear Ms. Donovan:

Pursuant to Commission Regulation 40.6(a), the Chicago Board of Trade (CBOT®) hereby
submits the following, which supplements CBOT’s previous filings on this subject dated
February 6 and 16, 2006 (CBOT Reference Files #2631.01 and 2631.02), and a portion of which
is subject to the enclosed FOIA Confidential Treatment Request:

- Establishment of an Electronic Market Maker (EMM) Program for CBOT 100 oz.
Gold Options. (Summary of program’s salient features is attached).

There were no opposing views in connection with this program.

The CBOT certifies that this program complies with the Commodity Exchange Act and the rules
thereunder.

Sincerely,

Paul J. Draths
Vice President and Secretary

b012406


CBOT® 100 oz. Gold Futures Options
Electronic Market Maker (EMM) Program

EMM Obligations

Participants in this non-exclusive EMM program will provide two-sided markets in CBOT 100
oz. Gold Options on the CBOT’s electronic platform (e-cbot®), on a continuous basis and in
response to requests-for-quote (“RFQs”) during the period from 7:20 a.m. to 12:30 p.m.
(Chicago time), unless prevented from doing so as a result of extraordinary circumstances
beyond the EMM’s reasonable control or due to position limits.

EMM participants agree that they will quote prices continuously, and respond to RFQs, for
CBOT 100 oz. Gold Options at agreed upon minimum size and maximum bid/offer spread levels
for specified options series.

EMM Incentives

In return for an EMM’s fulfillment of its obligations, such EMM will receive the following for
the period coinciding with EMM’s period of participation in this program:

Transaction fees: All CBOT electronic transaction fees will be rebated for EMM proprietary
transactions in CBOT 100 oz. Gold Options during the market hours of their assignment.

Preferencing/Entitlements: After the allocation of any priority order, EMMs will be entitled to a
percentage of each transaction in CBOT 100 oz. Gold Options, in a percentage to be determined,
where EMMs have matched the bid or offer prior to trade completion, during the hours of their
assignment. Total preferencing among all EMMs will be limited to 40%. The CBOT reserves
the right to periodically review and reallocate entitlement percentages among the EMMs.

Term

The program will have an initial term through February 29, 2008, and may be extended if
mutually agreed.

Termination

EMM Agreements may be terminated for uncorrected material breach, upon specified advance
notice, or by mutual consent.