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OFC. OF THE SECRETARIAT World Financial Center
Brees One North End Avenue
New York, New York 10282

BY ELECTRONIC TRANSMISSION

05-34
August 31, 2005

Ms. Jean A. Webb

Secretary of the Commission

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21" Street, NW

Washington, DC 20581

Re: Notification of Exchange Emergency Action -
Submission Pursuant to Sections 5c(c)(1) and 5(d)(6) of the Act and Regulation 40.6

Dear Ms. Webb:

Pursuant to Sections Sc(c)(1) and 5(d)(6) of the Commodity Exchange Act, as amended,
and Commission Regulation 40.6, the Board of Trade of the City of New York, Inc.
(“Exchange”) is notifying the Commission that it has taken emergency action with respect to the
September 2005 Coffee “C” futures contract (“UKC”). The Exchange has taken such action in
accordance with its Rules 6.01 and 6.06.

Because of the catastrophic situation in New Orleans (“NOLA”), the Exchange has not
been able to determine if any of its NOLA certificated coffee stocks are deliverable. The first
notice day for UKC was August 23, 2005, approximately six days prior to the arrival of
Hurricane Katrina. Until August 29", when the Exchange declared a force majeure situation
with respect to NOLA, 1058 delivery notices were issued designating NOLA as the delivery
port. Because the situation has only increased in its severity, the Exchange has determined that
deliveries from NOLA for UKC will not be able to take place and, in accordance with Rule
6.01(a), determined the circumstances threatened the fair and orderly delivery of UKC.

In order to give the NOLA deliverers the opportunity to designate another port for
delivery and to give the NOLA deliverers and receivers the opportunity to decide whether to
reissue and stop delivery notices for another port or liquidate their positions, in accordance with
Rule 6.01(b), the Exchange has ordered that:


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(1) all delivery notices issued for September 2005 Coffee for the Port of New Orleans to
be declared null and void;

(2) the open position of each clearing member that has issued or stopped NOLA delivery
notices shall be increased by the number of contracts reflected in such delivery notices;
and

(3) the last trading day for the September 2005 Coffee “C” futures contract is extended
until September 28", last notice day for said contract is extended to September 29" and
the last delivery day for said contract is extended until October 10".

Prior to taking such emergency action, the procedures set forth in Rule 6.06, which
address conflicts of interest any Board member may have had with respect to the September
2005 Coffee “C” futures contract, were carried out.

The Exchange certifies that the emergency action complies with the requirements of the
Commodity Exchange Act and the rules and regulations promulgated thereunder.

The emergency action was taken by the Exchange’s Board of Governors on August 31,
2005 and will become effective on September 1, 2005. No substantive opposing views were
expressed by members or others with respect to the amendments.

If you have any questions or need further information, please contact me at
jfassler@nybot.com or 212-748-4084.

Sincerely,

Jill S. Fassler
Vice President
Associate General Counsel

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