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and-is, or is employed by, a designated holder of electronic trading privileges in the COMEX
Division may enter orders for his own account, the account of his customer(s), the account of his
employer or the account of customers of his employer in the contracts of the COMEX Division,
subject to the terms of the EPAA, or the Agreement between the Exchange and the HKFE as
applicable.

fe) Any other grant of electronic trading privileges to enter customer orders in gold, silver,
copper or Eurotop contracts to any person that is not a Member or employed by a Member,
Member Firm, Clearing Member, NYMEX ACCESS® Trading Firm of the COMEX Division,
commodity trading advisor or commodity pool operator, including by any renewal, or extension
of the EPAA or any agreement with any other exchange (but excluding the grant of option
trading rights to option members contemplated by Section 5.17 of the Merger Agreement) shall
be treated as a Special Matter, in accordance with New COMEX By-Law 205(D)(6).

4) The adoption of, and any amendment to, this Rule 11.03(C)()}@), or the adoption of any
new rule or amendment to any other rule that limits, modifies or otherwise alters this Rule
11.03(C)(P}2), and that permits customer trading rights in gold, silver, copper or Eurotop
contracts shall be treated as a Special Matter, in accordance with New COMEX By-law
205(D)(6).



(B) Commodity Trading Advisors and Commodity Pool Operators. Any Passwords
assigned to a commodity trading advisor may be used only to enter orders for his own
account or the accounts of his customers. Any Passwords assigned to a commodity pool
operator may only be used to enter orders on behalf of the accounts the commodity pool
operator manages. For purposes of this rule, customers of a commodity trading advisor
shall be interpreted to refer to persons or entities for whom the commodity trading advisor
holds a valid power of attorney authorizing the commodity trading advisor to exercise
discretion over the individual or entity's account. A commodity trading advisor must
establish and maintain a written allocation scheme or schemes before entering orders for or
on behalf of his customers into the NYMEX ACCESS® system. If a commodity trading
advisor maintains more than one written scheme for the allocation of trades transacted by
him for or on behalf of his customers, he must elect which allocation scheme he will employ
prior to entering any such orders into the NYMEX ACCESS® system, and document that
selection in a time-stamped writing to be maintained by him. A commodity trading advisor
that will be entering orders directly into the NYMEX ACCESS® system pursuant to this
Rule 11.08 shall provide his Primary Clearing Member with a list of all clearing members
to whom the commodity trading advisor may be assigning trades for clearance.

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NYMEX Rule 11.04, Responsibilities of Electronic Traders

(A) Absent notice to the contrary by the Exchange and except with respect to Electronic Traders
who are COMEX Members or Member Firms or who are leasing electronic trading privileges
from a COMEX Member or Member Firm, an Electronic Trader will not be limited in terms of
the number of Authorized Terminal Users that may be designated by the Electronic Trader or
logged onto the system at any one time. Each-ElectronicFrader-shaly ponsibletor all

tivity Hing fF £ thi identificati dp d-for that Electronie-Trader-Gf
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(B) Each Electronic Trader shall execute and deliver to the Exchange, a NYMEX ACCESS®
System User Agreement in the form and manner prescribed by the Exchange.

(C) Each Electronic Trader shall deliver to the Exchange a NYMEX ACCESS® Primary
Clearing Member Guarantee, executed by a Primary Clearing Member for that Electronic Trader,
pursuant to Rule 11.04A.

Access to NYMEX ACCESS® via the Front-End Trading Application Provided by the
Exchange.

(D) Each Electronic Trader shall be responsible for all activity resulting from use of the

user identification and password for that Electronic Trader (if an individual) and/or the
user identification and password of any Authorized Terminal User under the control of
that Electronic Trader (collectively for purposes of this Chapter 11 the "Passwords")

Access to NYMEX ACCESS® via a Non-Exchange Front-End Trading Application that is
Certified by the Exchange.

Each Electronic Trader agrees to be responsible for and to be bound by and to indemnify

and hold the Exchange harmless for any and all actions taken , or omissions of, by
Authorized Terminal Users or others using the Passwords as defined below of such ,

whether or not such actions were authorized, through the Electronic Trader’s Certified
Application.

(E) @) A COMEX Member that has leased to an individual or Member Firm his right to apply
for designation as an Electronic Trader shall not be responsible for the activities of the lessee or
any individual authorized by the lessee to use NYMEX ACCESS®.

* * * *


March 2, 2006

Via E-Mail

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 06.33 — Notification of
Amendments to Certain NYMEX Chapter 11 NYMEX ACCESS®
Rules.

Dear Ms. Jean Webb:

The New York Mercantile Exchange, Inc. (“NYMEX” or the “Exchange”) hereby notifies
the Commodity Futures Trading Commission (“CFTC”) of amendments to NYMEX Division
Rules 11.01, 11.02, 11.03, 11.04 and 11.08 pertaining to NYMEX ACCESS®,

Effective March 3, 2006, the amendments conform NYMEX ACCESS® Rules related to
FIX Connectivity to those rules that were put into effect for NYMEX ClearPort® Trading.
Further, the amendments to Rule 11.03 remove the requirement that the placement of orders into
NYMEX ACCESS® be restricted to being placed by Members. Pursuant to Section 5c(c) of the
Commodity Exchange Act (“Act”) and CFTC Rule 40.6, the Exchange hereby certifies that the
new amendments comply with the Act, including regulations under the Act.

Should you have any questions concerning the above, please feel free to contact me at
(212) 299-2897.

Very truly yours,

Thomas F. LaSala
Senior Vice President
Compliance and Risk Management

Attachments
cc: Brian Regan
Nancy Minett




Amendments to Certain NYMEX Chapter 11 NYMEX ACCESS® Rules
(Additions are in bold/underline; strikethrough indicates deletions.)
NYMEX Rule 11.01, Holders of Electronic Trading Privileges

(A) Each Class A Member and COMEX Division membership in the Exchange shall carry with it
electronic trading privileges. For the purposes of these Rules, electronic trading privileges shall
mean the right to apply for designation as an Electronic Trader. Such authority may be exercised
by the owner of a Class A Member or COMEX Division membership or by an individual or
Member Firm that leases such authority from the owner of the COMEX Division membership,
subject to the provisions of Rule 11.20. For the purposes of this Rule, a Class A Member or
COMEX Division membership held pursuant to an A-B-C Agreement shall be deemed to be
owned by the Member Firm that is the party to such agreement. In addition, the Exchange in its
discretion also may determine to extend electronic trading privileges to other firms and
individuals who comply with the designation requirements specified in Rule 11.02.

For purposes of this Chapter 11, in connection with access to NYMEX ACCESS® Trading,
the term “Electronic Trader” will refer to the firm or individual that has fully met all
designation requirements required by the Exchange and has been granted the privilege of
accessing the NYMEX ClearPort® Trading system.

For purposes of this Chapter 11, in connection with access to NYMEX ACCESS® via the
trading graphical user interface (which may also be referred to in these rules as a front-end

trading application) provided by the Exchange, the term “Authorized Terminal User” as

applied to NYMEX ACCESS® will refer generally to those employees and/or agents that
an Electronic Trader has designated to serve as its authorized terminal operators and has

properly notified the Exchange in the manner provided by the Exchange.

For purposes of this Chapter 11, in connection with access to NYMEX ACCESS® via a
front end application that is proprietary to the Electronic Trader or provided by a third

party and that is certified by the Exchange, the term “Authorized Terminal User” as
applied to NYMEX ACCESS® shall mean those individuals or entities (including, without
limitation, the Electronic Trader’s customers, employees, agents and independent
contractors) authorized by the Electronic Trader to access NYMEX ACCESS® via a
Certified Application (as defined immediately below).

For purposes of this Chapter 11, in connection with access to NYMEX ACCESS® via a
front-end trading application that is proprietary to the Electronic Trader or provided by a
third party and that is certified by the Exchange, the term “Certified Application” shall
refer to any front-end trading application, provided by Electronic Trader or a third party,

via which Electronic Trader and/or its Authorized Terminal Users may access the NYMEX
ACCESS® services (and all modifications of such application) and any connection of such

front-end trading application to the NYMEX ACCESS® services must (i) be certified by



the Exchange in accordance with the Exchange’s current technical certification procedures,
as prescribed by the Exchange, and (ii) meet the Exchange’s credit control and audit trail
requirements as set forth by the Exchange.

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NYMEX Rule 11.02, Electronic Trader Designation Requirements
(A) To qualify as an Electronic Trader, an individual or entity must:

(1) deliver to the Exchange an executed NYMEX ACCESS® System User Agreement in the
form and manner prescribed by the Exchange; and

(2) deliver to the Exchange an executed NYMEX ACCESS® Primary Clearing Member
Guarantee pursuant to Rule 11.04A.

(B) Upon receipt of the documentation required in Section (A), the Exchange in its sole
discretion may determine to designate the applicant as an Electronic Trader with trading rights as
specified by Rule 11.20 for Class A Members and COMEX Division Members and the trading
rights as specified by the Exchange for other applicants.

(C) No person who executes customer orders during Regular Trading Hours who is employed by
a Member, Member Firm or Clearing Member during Regular Trading Hours in any capacity
other than as a write-up clerk, as that term is defined in Rule 8.58A, may be employed by any
other Member, Member firm or Clearing Member during the NYMEX ACCESS® trading
session. No Clerk, as that term is defined in Rule 8.58A, may become an Electronic Trader.

* * * *
NYMEX Rule 11.03, Scope of Trading Privileges

(A) Only Electronic Traders and their Authorized Terminal Users may enter orders on
NYMEX ACCESS® and any Electronic Traders and their Authorized Terminal Users,
including Non-Member Electronic Traders, must comply with any and all applicable
CFTC and NFA registration requirements.