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  • FR Doc E8-20684[Federal Register: September 8, 2008 (Volume 73, Number 174)]

    [Proposed Rules]

    [Page 51961-51962]

    From the Federal Register Online via GPO Access []





    17 CFR Parts 40, 41 and 145

    RIN 3038-AC44

    Confidential Information and Commission Records and Information

    AGENCY: Commodity Futures Trading Commission.

    ACTION: Extension of comment period.


    SUMMARY: On August 1, 2008, the Commission published in the Federal

    Register a notice of proposed rulemaking to amend the procedures under

    which designated contract markets, derivatives clearing organizations

    and derivatives transaction execution facilities (collectively,

    ``registered entities'') may request confidential treatment for

    products and rules submitted via certification procedures or for

    Commission review and approval pursuant to parts 40 and 41 of the

    Commission's regulations.\1\ Comments on the proposal originally were

    due on September 2, 2008. The Commission is extending the comment

    period in order to give interested persons additional time to comment

    on the proposed amendments.


    \1\ 73 FR 44939 (Aug. 1, 2008).


    DATES: Comments must be received by September 17, 2008.

    ADDRESSES: Comments may be submitted by any of the following methods:

    Federal eRulemaking Portal:

    Mail/Hand Deliver: David Stawick, Secretary of the

    Commission, Commodity Futures Trading Commission, Three Lafayette

    Centre, 1155 21st Street, NW., Washington, DC 20581.


    FOR FURTHER INFORMATION CONTACT: Susan Nathan, Senior Special Counsel,

    (202) 418-5133; Division of Market Oversight, Commodity Futures Trading

    Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington,

    DC 20581. E-mail:

    SUPPLEMENTARY INFORMATION: On August 1, 2008, the Commission published

    and sought public comment on proposed amendments to part 40 of the

    Commission's regulations to establish the exclusive procedure to be

    followed by registered entities when requesting confidential treatment

    for information required to be filed under parts 40 and 41, and to

    clarify the circumstances under which requests for confidential

    treatment will not be considered. Most confidential treatment requests

    are made pursuant to Commission regulation 145, 17 CFR 145, which

    implements the Freedom of Information Act, 5 U.S.C. 552 (FOIA). The

    FOIA provides generally that the public has a right of access to agency

    records except to the extent that the records, or portions of them, are

    protected from disclosure by one or more of nine exemptions.

    A registered entity requesting confidential treatment typically

    invokes FOIA exemption (b)(4) on the ground that release of its

    information will cause it commercial or competitive harm. Although

    registered entities are required to make public much of the information

    required by parts 40 and 41 of the Commission's regulations, registered

    entities frequently request confidential treatment for filings

    submitted under these parts. The confidential treatment procedures

    established by Commission regulation 145.9 provide that requests for

    confidentiality are not considered on the merits unless and until a

    FOIA request is received for the specific

    [[Page 51962]]

    material. Accordingly, the Commission frequently is unable to act on

    requests for confidential treatment of information it believes should

    be made publicly available. The proposed amendments are intended to

    permit staff to promptly resolve confidentiality issues in connection

    with material submitted pursuant to parts 40 and 41 by creating, as

    permitted by part 145, a separate procedure from that specified in

    regulation 145.9. The proposed procedure would not be triggered by a

    FOIA request but instead would require that registered entities

    desiring confidential treatment for information submitted under parts

    40 and 41 simultaneously file a detailed written justification in

    support of such a request. Commission staff would make an initial

    determination to grant or deny confidential treatment. The proposed

    amendments to part 40 provide a process under which a registered entity

    may appeal the staff's decision and further provide that in the event

    of a subsequent FOIA request, both the requester and the submitter

    would have the appeal rights specified in Commission regulation 145.9.

    The comment period closes on September 2, 2008. By letter dated

    August 29, 2008, The Chicago Mercantile Exchange requested additional

    time to address the issues raised in the proposed rulemaking. In order

    to encourage the submission of meaningful comments and to assure that

    all views are considered in its final determination, the Commission has

    determined to grant the request and to give full consideration to any

    comment received during the extension period. Accordingly, the comment

    period for the Commission's proposed amendments to parts 40, 41 and 145

    is hereby extended to September 17, 2008.

    Issued in Washington, DC on September 2, 2008, by the


    Sauntia S. Warfield,

    Staff Assistant.

    [FR Doc. E8-20684 Filed 9-5-08; 8:45 am]

    BILLING CODE 6351-01-P

    Last Updated: September 8, 2008