| Notice to Members |
| Notice No. 385 07/18/2006 |
| NYMEX New York Harbor Gasoline Blendstock (RBOB) Futures Contract – General Fee Waiver -– and NYMEX New York Harbor Unleaded Regular Gasoline –Limited Scope Fee Waiver |
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| The Exchange today approved the following two fee waivers related to the New York Harbor Gasoline Blendstock (RBOB) and the New York Harbor Unleaded Regular Gasoline (HU) futures contracts. First, NYMEX is proposing to waive all clearing and exchange fees in RBOB through the end of 2006. This waiver includes all trades in Regular Trading Hours, NYMEX ACCESS®, and CME Globex® (when applicable). Second, NYMEX is further proposing to waive all exchange and clearing fees relating only to EFS or EFP transactions in HU through the end of 2006.
The proposed fee waivers trigger the provisions of New York Mercantile Exchange, Inc. (the “Exchange”) Bylaw Section 311, which contains rights pertaining to NYMEX “Core Products”, which are defined to include various listed NYMEX futures and option contracts and also to include “similar or “look-alike” contracts or successor or similar contracts or products.” In particular, Section 311 provides that any change in fees of any kind for Core Products is a “Special Matter,” subject to approval by the owners of Class A Memberships. This Fee Schedule (or fee waivers) therefore constitutes a Special Matter. Accordingly, owners of Class A Memberships have fifteen (15) days from the date of this Notice to submit a petition by the owners of 82 Class A Memberships (representing at least 10% of the 816 outstanding Class A Memberships) requesting a Special Meeting of the owners of Class A Memberships to vote on the Fee Schedule. If such petition is not received within this time period, or if the Fee Schedule is approved at such a Special Meeting, the Fee Schedule will be deemed approved and will subsequently be submitted to the Commodity Futures Trading Commission (CFTC). A special meeting request form is attached to the end of this Notice in satisfaction of Exchange Bylaw Section 202 (B). In the event that there is no objection by owners of Class A Memberships following the end of the process noted above, the fee waivers will be applied retroactively to commence as of trade date July 24, 2006. Inquiries regarding the aforementioned may be directed to Donna Talamo, Vice President – Office of the Corporate Secretary, at dtalamo@nymex.com or by fax to 212-301-4645. RESPONSE FORM - REQUEST FOR SPECIAL MEETING My name is _____________________ and I am the owner, either directly or by ABC, of __________ Class A Membership(s) in the New York Mercantile Exchange, Inc., and I hereby request a special meeting in response to the Fee Schedule contained in this Notice. Signed By: _____________________ Print Name: |
| Should you have any questions or require any further information, please contact exchangeinfo@nymex.com |