12/20/2007
Exchange Rules 8.99A and 8.99B provide the Exchange authority to take summary action against market participants accessing the Exchange's electronic platforms. These Rules provide the basis for, among other things, conditioning or denying electronic access to market users, notwithstanding that such users may not otherwise be subject to the jurisdictional reach of the Exchange.
Exchange Rule 8.99A currently applies, by its terms, to users of the Exchange's electronic systems "for clearing of . . . product[s] listed only for clearing on the Exchange." This Rule was originally intended to cover users of NYMEX ClearPort® Clearing, who were clearing OTC contracts (rather than trading on-exchange products). Now that the NYMEX ClearPort® slate of products has been offered for "trading," Exchange Rule 8.99A is being amended to cover all NYMEX ClearPort® Clearing transactions, not just those contracts offered "only for clearing on the Exchange."
Additionally, Exchange Rule 8.99B (by the terms of its title) is intended to cover both NYMEX ClearPort® Trading and NYMEX products listed for trading on the CME GLOBEX® platform. Consequently, the text of Exchange Rule 8.99B is amended to clarify that NYMEX ClearPort® Trading Users and User's Agents are included as parties covered by this Rule.