The Commodity Futures Trading Commission has adopted exclusive procedures for designated contract markets (DCMs), derivatives clearing organizations (DCOs) and derivatives transaction execution facilities (DTEFs) to request confidential treatment for new products and new rules and rule amendments submitted to the CFTC. The specific requirements appear in CFTC Regulation 40.8, and require that requests for confidential treatment of new product submissions, rules or rule amendments filed with the CFTC for review and approval or submitted pursuant to the CFTC’s self-certification process be filed under cover of a request for confidential treatment. The request must set out a detailed written justification for the request (in the form and with the content required by CFTC Regulation 145.9), with the material for which confidential treatment is being requested being segregated in an appendix to the submission. Submissions not filed under cover of a request for confidential treatment will be treated as public information.  

The new procedures will become effective on May 15.  

Click here to read the Federal Register release announcing the adoption of these rules.