HEDGE
Street o

October 27, 2006

VIA EMAIL: secretary@cftc.gov

Ms. Eileen A. Donovan, Acting Secretary
Secretary of the Commission

Commodity Futures Trading Commission : —
3 Lafayette Centre ~

1155 21st Street, N.W.

Washington, D.C. 20581

RE: Rule Certification: HedgeStreet® a) Effects Amendments to the Underlying only
for both Variable Payout and Binary Wholesale Gasoline Contracts; and b)
Temporarily Delists the Weekly Currency Exchange EUR/USD Binary
Contracts — Submission pursuant to Commission Regulation §40.6

Dear Secretary Donovan:

Pursuant to Section Sc(c)(1) of the Commodity Exchange Act, as amended (“Act”) and
§40.6(a) of the regulations promulgated by the Commodity Futures Trading Commission (the
“Commission”) under the Act, HedgeStreet, Inc. (““HedgeStreet”) hereby submits to the
Commission its intent to change the underlying for the Variable Payout and Binary Wholesale
Gasoline Contracts from the front month Henry Hub Gasoline futures contract to the front
month RBOB Gasoline futures contract currently trading on the New York Mercantile
Exchange’, referenced by Rules 12.83 and 12.84.

The amendments to the above-referenced Variable Payout and Binary Wholesale Gasoline
Contracts will be made effective as of the start of business on Monday, October 30, 2006.

HedgeStreet also intends to temporarily delist its Weekly Currency Exchange EUR/USD
Binary Contracts'(the “Weekly EUR/ USD contracts”) represented by Rule 12.60 effective
upon the Settlement Date of such contracts and until further notification to the Commission.
Since the current Weekly EUR/ USD contracts have a Last Trade Date of Friday, October 27,
2006 there will be no open interest in such contracts upon the close of business of Friday,
October 27, 2006.

The delisting of the Weekly Currency Exchange EUR/USD Binary Contracts will be made
effective as of the close of business on Friday, October 27, 2006.

' NYMEX® is a registered service mark of the New York Mercantile Exchange, Inc. HedgeStreet, Inc. is not
affiliated with the New York Mercantile Exchange, Inc. and neither the New York Mercantile Exchange, nor its
affiliates, sponsor or endorse HedgeStreet, Inc. in any way

1825 S. Grant Street
‘Suite 500
‘San Mateo, CA 94402
Tel: 650.638.9500
www.hedgestreet.com Fax: 650.638.3501


HEDGE
Street

All amendments are defined in Exhibit A. Any rule deletions are stricken out while the
amendments and/or additions are underlined.

No substantive opposing views were expressed to HedgeStreet with respect to these additions/
amendments.

Should you have any questions regarding the above, please do not hesitate to contact Stephanie
Ford by telephone at (650) 638-3511 or by email at sford@hedgestreet.com.

Sincerely,

Stephanie Ford
Vice President, Legal & Compliance

ce: Tom Leahy — CFTC
Phil Colling - CFTC
Clarissa Manansala — HedgeStreet, Inc.

1825 S. Grant Street

Suite 500

‘San Mateo, CA 94402

Tel: 650.638.3500
www.hedgestreet.com Fax: 650.638.3501


Exhibit A

HEDGE
Street

EXHIBIT A
Amendments to Rules 12.83 and 12.84 only

(The following new Rule additions are underlined and deletions are stricken out)

RULE 12.83 WHOLESALE GASOLINE VARIABLE PAYOUT CONTRACTS

(a) [unchanged]

(b) UNDERLYING - The Underlying for this Class of Contracts is the Wholesale
Gasoline price per gallon (in U.S. dollars), herein after referred to as “Wholesale Gasoline”,
as calculated by HedgeStreet using a proprietary algorithm which takes a sampling of
pricesTM obtained from the front month RBOB Gasoline Futures (NYMEX Division New
York Harbor Ualeaded RBOB Gasoline Futures) Contracts until the last two (2) days of the
front month at which time the prices are obtained from the next succeeding month,
currently trading on the New York Mercantile Exchange (NYMEX®)*».

(c) - (0) [unchanged]
RULE 12.84 WHOLESALE GASOLINE BINARY HEDGELET CONTRACTS
(a) [unchanged]

(b) UNDERLYING - The Underlying for this Class of Contracts is the Wholesale
Gasoline price per gallon (in U.S. dollars), herein after referred to as “Wholesale Gasoline”,
as calculated by HedgeStreet using a proprietary algorithm which takes a sampling of
prices** obtained from the front month RBOB Gasoline Futures (NYMEX Division New
York Harbor Unleaded RBOB Gasoline Futures) Contracts until the last two (2) days of the
front month at which time the prices are obtained from the next succeeding month,
currently trading on the New York Mercantile Exchange (NY MEX®)*”.

(c) - (0) [unchanged]

eK

[the remainder of this page is intended to be blank]

4 Supra, at ful.
% supra at fn 2.
% supra, at ful.
37 Supra, at fn 2.

1825 S. Grant Street
‘Suite 500
‘San Mateo, CA 94402
Tel: 650.638.3500
www.hedgestreet.com Fax: 650.638.3501