[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Proposed Rules]
[Pages 51961-51962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20684]


=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION

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 
Commission.
Sauntia S. Warfield,
Staff Assistant.
 [FR Doc. E8-20684 Filed 9-5-08; 8:45 am]
BILLING CODE 6351-01-P