SUBMISSION COVER SHEET

IMPORTANT: Check box if Confidential Treatment is requested

Registered Entity Identifier Code (optional): 23-390

Organization: New York Mercantile Exchange, Inc. ("NYMEX")

Filing as a: DCM SEF DCO SDR 

Please note - only ONE choice allowed.

Filing Date (mm/dd/yy): September 8, 2023 Filing Description: Implementation of the 

NYMEX Coal Market-Wide Fee Waiver Program

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: Not Applicable

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

Christopher Bowen 

Managing Director and Chief Regulatory Counsel

Legal Department

September 8, 2023

VIA ELECTRONIC PORTAL

Christopher J. Kirkpatrick 

Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

RE: Implementation of the NYMEX Coal Market-Wide Fee Waiver Program

NYMEX Submission No. 23-390

Dear Mr. Kirkpatrick:

New York Mercantile Exchange, Inc. (“NYMEX” or “Exchange”) hereby notifies the Commodity Futures Trading 

Commission (“CFTC” or “Commission”) of plans to implement the NYMEX Coal Market-Wide Fee Waiver Program

(“Program”). The proposed Program will become effective on October 1, 2023. 

Exhibit 1 sets forth the terms of the Program. 

NYMEX reviewed the designated contract market core principles (“Core Principles”) as set forth in the Commodity

Exchange Act (“CEA”). During the review, NYMEX staff identified the following Core Principles as potentially being 

impacted: Monitoring of Trading, Execution of Transactions, Protection of Market Participants, Compliance with 

Rules, Availability of General Information, and Recordkeeping.

The Program includes a general fee waiver that applies to all market participants and thus does not incentivize 

manipulative trading or market abuse and does not impact the Exchange’s ability to perform its trade practice and 

market surveillance obligations under the CEA. The Exchange’s market regulation staff will monitor trading in the 

Program’s products to prevent manipulative trading and market abuse. The general fee waiver in the Program does 

not impact the Exchange’s order execution. All market participants that execute trades in the Product shall be entitled 

to participate. Chapter 4 of the Exchange rules includes prohibitions against fraudulent, non-competitive, unfair or 

abusive practices. The Program is subject to these rules. The Program is subject to the Exchange’s record retention 

policies which comply with the CEA.

NYMEX certifies that the Program complies with the CEA and the regulations thereunder. There were no substantive 

opposing views to this Program.

The Exchange certifies that this submission has been concurrently posted on the Exchange’s website at 

http://www.cmegroup.com/market-regulation/rule-filings.html. 

If you require any additional information regarding this submission, please e-mail 

CMEGSubmissionInquiry@cmegroup.com or contact Rachel Johnson at 312-466-4393 or via e-mail at 

Rachel.Johnson@cmegroup.com. Please reference our NYMEX Submission No. 23-390 in any related 

correspondence.

Sincerely,

/s/ Christopher Bowen

Managing Director and Chief Regulatory Counsel 

Enclosure: Exhibit 1
EXHIBIT 1

NYMEX Coal Market-Wide Fee Waiver Program

Program Purpose

The purpose of this Program is to allow market participants to exit their existing positions in the products 

listed below prior to these products being delisted.

Product Scope

All Coal futures and options traded on the CME Globex Platform or cleared through CME ClearPort

(“Products”).

Eligible Participants

The Program is available to all market participants. There is no limit to the number of participants in the 

Program. Participants may be NYMEX members or non-members. The fee incentives described below 

will be automatically applied to all transactions in the Products.

Program Term 

Start date is October 1, 2023. End date is December 31, 2025 or the date upon which the Products are 

delisted by the Exchange.

Hours

The incentives will apply to all activity in the Products regardless of execution time.

Incentives

Fee Waivers: All market participants will receive fee waivers for all activity in the Products.