The Commodity Futures Trading Commission has proposed to amend its procedures related to confidential treatment requests submitted by designated contract markets (DCMs), derivatives clearing organizations (DCOs), and derivatives transaction execution facilities (DTEFs) in connection with filings for new products and rule changes. The proposed rules would require DCMs, DCOs and DTEFs to submit a detailed written justification at the time the petition for confidential treatment is filed and include a separate appendix containing the confidential portion of any submitted materials.

The proposed rules would also provide the CFTC with authority to make an initial determination to grant or deny confidential status prior to receiving a Freedom of Information Act request for the documents in question. The changes are intended to allow the CFTC to weigh the potential harm that could result from releasing a portion of the submission against the benefits that flow from allowing the public to have more timely access to non-confidential information.