In the Matter of the New York Mercantile Exchange, Inc. Petition for Treatment of Floor Brokers and Floor Traders as Eligible Commercial Entities and Eligible Contract Participants Pursuant to Sections 1a(11)(C) and 1a(12)(C) of the Commodity Exchange Act and the Intercontinental Exchange, Inc. Petition for Treatment of Floor Brokers and Floor Traders as Eligible Commercial Entities Pursuant to Section 1a(11)(C)

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The Commodity Futures Trading Commission ("Commission") is requesting comment regarding a New York Mercantile Exchange, Inc. ("NYMEX" or "Exchange") petition requesting a Commission determination that Exchange members who are registered with the Commission as either floor brokers or floor traders fall within the definitions of "eligible contract participant" as that term is defined in Section 1a(12) of the Commodity Exchange Act ("Act") and "eligible commercial entity" as that term is defined in Section 1a(11) of the Act. Subject to trading restrictions and Exchange oversight as set forth in the petition, NYMEX asks that its floor brokers and floor traders (collectively referred to hereafter as "floor members"), when they act for their own accounts and are guaranteed by an Exchange clearing member that is registered as a futures commission merchant ("FCM"), be permitted to: (1) Act as an eligible contract participant and enter into certain specified over- the-counter ("OTC") transactions in exempt commodities, and (2) act as an eligible commercial entity and enter into certain specified transactions in exempt commodities on exempt commercial markets. The Commission is also requesti