Notice to Members
Notice No. 623
11/29/2006
Rule Amendments Implementing Side-by-Side Electronic and Open Outcry Trading of COMEX Division Contracts
In connection with the launch of side by side trading on the COMEX Division on Monday, December 4, 2006, amendments to various COMEX and NYMEX Division rules designed to permit and/or facilitate the side-by-side electronic and open-outcry trading of COMEX Division contracts are being implemented. The changes are similar in nature to amendments recently implemented in connection with side-by-side trading on the NYMEX Division. The amendments include portions of Chapters 6, 9, 11G, and 104 of the Exchange Rulebook. While most of the amendments are non-substantive, and merely clarify what provisions of the existing rules would apply to either or both of the trading forums, some of the changes are explained below.

Rule 104.07: Forms of Orders. The rule is amended to address the inclusion of choice of trading forum as an order term. Significant issues addressed include the absence of a customer’s instruction regarding forum, the exercise of discretion in choosing forum, and how forum choice is to be dealt with in order ticket preparation.

Rule 104.23: Solicitation of Orders. Amendments to this rule clarify that while solicitation of orders continues to be prohibited in open-outcry unless the order to be matched against a solicited order has been announced in the ring, pre-execution discussion of orders would be permitted for electronic executions, in accordance with Rule 11G.19.

Rules 104.46 – 104.48. Rules relating to position reporting, position limits, and position accountability are being deleted in favor of similar provisions added to Chapter 9 of the Rulebook.

Rules 104.91 – 104.94A. Rules concerning calculation of settlement prices in COMEX Division contracts are being amended to include electronic trades in such calculations.

Rule 11G.19: Permissible Pre-Execution Discussions. A Globex® User would be permitted to agree in advance with another Globex® User to take the opposite side of an order, provided that five (5) seconds must elapse between the entry of the relevant orders in the system.

Futures Transactions: Subject to certain conditions, transactions will be permitted whereby miNY Futures may be exchanged, via two discrete but related transactions, for full-size futures contracts on the same underlying commodity, in a ratio designated by the Board of Directors.

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Should you have any questions or require any further information, please contact exchangeinfo@nymex.com