5 0-3 PH
August 3, 2005 75-3 PAB

Via E-Mail

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: Rule Certification. NYMEX Submission 05.134: Notification of
Amendments to Exchange Rule 3.10.

Dear Ms. Jean Webb:

The New York Mercantile Exchange ("NYMEX" or the "Exchange") is notifying the
Commodity Futures Trading Commission (““CFTC” or “Commission’”) of amendments to
Exchange Rule 3.10, Adjudication Committee.

Effective September 1, 2005, the amendments increase the number of Public Committee
Members serving on the Adjudication Committees from one to two, per panel, and that two
Public Committee Members would be required to be in attendance to constitute a quorum.
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 contact Suellen Galish, Vice
President and Counsel, at (212) 299-2215.

Very truly yours,

Nancy M. Minett
Vice President
Compliance Department

ce: Thomas LaSala
Brian Regan


(Bold and underlined indicates additions; bold and strikethrough indicates deletions.)

Exchange Rule 3.10, Adjudication Committee

(A) The Adjudication Committee shall be a Regular Committee and shall consist of a Chairman
who is a Class A Member and four Hearing Panels ("Hearing Panels"). Each panel shall contain
at least two persons who are neither Members of the Exchange nor employed by a Member,
Member Firm or the Exchange (“Public Committee Members”) ene-nen-Member and shall
otherwise be balanced as equally as practicable among representatives of the Member
categories: Floor Broker, Local, Trade and FCM (off-the-floor representative). There shall be no
restriction on the affiliations or categories of alternates. The panel members and alternates shall
be appointed by the Chairman, subject to approval of the Board.

(B) (1) Two of the Hearing Panels shall be designated to hear matters pertaining to New York
Mercantile Exchange Inc., ("NYMEX Inc.") and two of the Hearing Panels shall be designated to
hear COMEX Division matters ("COMEX Hearing Panels"). Each panel shall consist of 10
regular panelists and as many alternates as the Chairman of the Committee shall designate.

(2) The NYMEX Inc. members on the NYMEX Panels will consist of 70% Class A Members
and 30% COMEX Division Members. The NYMEX Inc. members on the COMEX Hearing
Panels will consist of 70% COMEX Division Members and 30 % Class A Members.

(C) One person on each Hearing Panel shall serve as its Chairman and shall be designated by the
Board as a Co-Vice-Chairman of the Adjudication Committee. Any-sSix members of a Hearing
Panel shall constitute a quorum for the purpose of exercising the powers of the Hearing Panel,
provided that two Public Committee Members must be present. Alternates will be selected
by the Chairman to replace any Member of a Hearing Panel unable to serve on any case, subject
to the provisions of paragraph (A) above.

(D) The Adjudication Committee shall hold such meetings as, in the discretion of the Chairman
of the Committee are necessary to review matters pertaining to Exchange disciplinary actions,
including but not limited to, Board policy and disciplinary precedents.

(E) The Adjudication Committee shall make a report to the Board at least twice a year. The
report shall detail the activities of the Committee for the period covered by such report and shall
describe all disciplinary actions taken by the Committee during such period.