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 [wais.access.gpo.gov]





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: http://www.regulations.gov.

Mail/Hand Deliver: David Stawick, Secretary of the

Commission, Commodity Futures Trading Commission, Three Lafayette

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

E-mail: [email protected]

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: [email protected]

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]


Last Updated: September 8, 2008