In the Matter of the New York Mercantile Exchange, Inc. Petition To Extend Interpretation Pursuant to Section 1a(12)(C) of the Commodity Exchange Act

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On February 4, 2003, in response to a petition from the New York Mercantile Exchange, Inc. ("NYMEX" or "Exchange") the Commodity Futures Trading Commission ("Commission"), issued an order \1\ pursuant to Section 1a(12)(C) of the Commodity Exchange Act ("Act"). The order provides that, subject to certain conditions, Exchange floor brokers and floor traders (collectively referred to hereafter as "floor members") who are registered with the Commission, when acting in a proprietary trading capacity, shall be deemed to be "eligible contract participants" as that term is defined in Section 1a(12) of the Act. The order (hereafter the "original order" or the "ECP Order") is effective for a two-year period and thus will expire on February 4, 2005. ---------------------------------------------------------------------------