Notice No. 08-638 December 12, 2008 Exchange to Convert from ATOM® Brokerage Billing System to Brokerage Payment System™ Effective with the March 2009 billing cycle, the NYMEX and COMEX Divisions of the CME will convert from the ATOM® Brokerage Billing System to the Brokerage Payment System™. All individual members, member firms and billing entities that execute customer business and bill for brokerage will be required to execute and submit a new Brokerage Payment System™ Broker Agreement. All Clearing Members currently participating in ATOM will be required to execute and submit a Brokerage Payment System™ Clearing Member Participation Form. We urge you to promptly obtain the required documents (copies attached to this notice and available at the Membership Department – 4th floor) and submit them to the Membership Department, Attention Carolyn Sterling, One North End Avenue, New York, NY 10282. If you fail to submit the new paperwork, by Monday, February 2, 2009, the Exchange will be unable to release any brokerage due you for transactions executed in or after the month of March 2009. Effective March 2, 2009, Rule 9.37, which currently requires clearing members and floor brokers to participate in ATOM® will be amended to delete reference to ATOM®, and will read as follows: 9.37 Required Use of BPS™ by Clearing Members and Floor Brokers (A) Each Clearing Member of the Exchange and floor broker must enter into an agreement (the "BPS™ Agreement") to participate in the BPS™ system. The BPS™ Agreement shall be in the form specified by the Exchange and shall be filed with the Exchange. (B) Each Clearing Member shall enter and maintain all applicable floor brokerage rates into the BPS™ system, at rates agreed to between the Clearing Member and the applicable floor broker. A Clearing Member must provide thirty (30) days prior written notice to the floor broker before any modification to a floor brokerage rate entered in the BS™ system shall become effective. (C) Each Clearing Member and floor broker shall agree on customer identification codes and each floor broker shall enter these codes when entering clearing data for such trades for these customers. Should you have any questions or require any further information, please contact ExchangeInformation@cmegroup.com