SUBMISSION COVER SHEET

IMPORTANT: Check box if Confidential Treatment is requested

Registered Entity Identifier Code (optional): 23-387

Organization: Commodity Exchange, Inc. ("COMEX")

Filing as a: DCM SEF DCO SDR 

Please note - only ONE choice allowed.

Filing Date (mm/dd/yy): 09/06/2023 Filing Description: Weekly Notification of 

Rule Amendments - Week of August 28, 2023

SPECIFY FILING TYPE 

Please note only ONE choice allowed per Submission.

Organization Rules and Rule Amendments

Certification § 40.6(a)

Approval § 40.5(a)

Notification § 40.6(d)

Advance Notice of SIDCO Rule Change § 40.10(a)

SIDCO Emergency Rule Change § 40.10(h)

Rule Numbers: See filing. 

New Product Please note only ONE product per Submission.

Certification § 40.2(a) 

Certification Security Futures § 41.23(a)

Certification Swap Class § 40.2(d)

Approval § 40.3(a)

Approval Security Futures § 41.23(b)

Novel Derivative Product Notification § 40.12(a)

Swap Submission § 39.5

Official Product Name: 

Product Terms and Conditions (product related Rules and Rule Amendments)

Certification § 40.6(a) 

Certification Made Available to Trade Determination § 40.6(a)

Certification Security Futures § 41.24(a)

Delisting (No Open Interest) § 40.6(a) 

Approval § 40.5(a)

Approval Made Available to Trade Determination § 40.5(a)

Approval Security Futures § 41.24(c)

Approval Amendments to enumerated agricultural products § 40.4(a), § 40.5(a)

“Non-Material Agricultural Rule Change” § 40.4(b)(5)

Notification § 40.6(d)

 Official Name(s) of Product(s) Affected: 

Rule Numbers: 
300 Vesey Street New York, NY 10282 T 212 299 2200 F 212 301 4645 christopher.bowen@cmegroup.com cmegroup.com

1

Christopher Bowen 

Managing Director and Chief Regulatory Counsel

Legal Department

September 6, 2023

VIA ELECTRONIC PORTAL

Mr. Christopher J. Kirkpatrick

Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, DC 20581

Re: CFTC Regulation 40.6(d) Notification. Commodity Exchange, Inc. 

(“COMEX” or “Exchange”) Weekly Notification of Rule Amendments.

COMEX Submission No. 23-387

Dear Mr. Kirkpatrick:

Pursuant to Commodity Futures Trading Commission (“CFTC” or “Commission”) Regulation 40.6(d), the 

Exchange submits this weekly notification of the following rule amendments effective during the week of 

August 28, 2023.

Effective on August 30, 2023, the Exchange implemented non-substantive, administrative amendments to 

NYMEX/COMEX Chapter iii (“Definitions”) and Chapter 9 (“Clearing Members”) (collectively, the 

“Amendments”) to appropriately reference the incorporation of the SPAN 2 framework as approved by the 

Commission (see Submission No. 19-213R dated July 5, 2019). The Amendments reflect the current 

practice of the Exchanges and are attached hereto in blackline format as Exhibit A.

Copies of the above-referenced materials are available at www.cmegroup.com. If you require any additional 

information, please e-mail CMEGSubmissionInquiry@cmegroup.com or contact the undersigned at (212) 

299-2200.

Sincerely,

/s/ Christopher Bowen

Managing Director and Chief Regulatory 

Counsel

Attachment: Exhibit A – Amendments to NYMEX/COMEX Chapter iii and NYMEX/COMEX Chapter 9 

(blackline format)
2

Exhibit A

(deletions are overstruck, additions are underlined)

NYMEX/COMEX Rulebook

Chapter iii

Definitions

INITIAL PERFORMANCE BOND

Generally, a factored amount over the maintenance performance bond requirement as calculated determined by the 

SPAN® performance bond system.Clearing House.

MAINTENANCE PERFORMANCE BOND

The minimum amount of performance bond equity required to be maintained in an account. The maintenance 

performance bond requirement is the actual risk performance bond as calculated determined by the SPAN® performance 

bond systemClearing House.

SPAN 2

A filtered historical value at risk margining framework.

[The remainder of the Definitions are unchanged]

NYMEX/COMEX Rulebook

Chapter 9

Clearing Members

***

930. PERFORMANCE BOND REQUIREMENTS: ACCOUNT HOLDER LEVEL

930.A. Performance Bond System

The Standard Portfolio Analysis of Risk (SPAN®) Performance Bond System is and SPAN 2 are the 

performance bond system systems adopted by the Exchange. SPAN and SPAN 2-generated performance bond 

requirements shall constitute Exchange performance bond requirements. All references to performance bond 

within the rules of the Exchange shall relate to those computed by the SPAN and SPAN 2 systemssystem.

Performance bond systems other than the SPAN and SPAN 2 systems system may be used to meet Exchange 

performance bond requirements if the clearing member can demonstrate that its system will always produce a 

performance bond requirement equal to or greater than the SPAN and SPAN 2 systems performance bond 

requirements.

[Remainder of the Rule is unchanged.]