The Commodity Futures Trading Commission Regulation 18.05 currently requires every person holding or controlling a reportable futures or option position on a designated contract market (DCM) or registered derivatives transaction execution facility (DTEF) to retain books and records and make available to the CFTC upon request any pertinent information with respect to other positions, transactions or activities in the underlying commodity in which such person has a reportable position. The CFTC is proposing to amend Regulation 18.05 explicitly to require that persons holding or controlling reportable positions on a “reporting market” (a DCM or DTEF) retain books and records and make available to the CFTC upon request any pertinent information with respect to all other positions and transactions in the commodity in which the trader has a reportable position, including positions and transactions pursuant to the statutory exemptions for swaps and other OTC transactions.

http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-12045.pdf