the (ff) exchange

Small Exchange, Inc.
19 North Sangamon St.
Chicago, IL 60607

VIA EMAIL

Assistant Secretary of the Commission for FOIA
Privacy and Sunshine Acts Compliance
Commodity Futures Trading Commission
Three Lafayette Centre

1155 21* Street, NW

Washington, DC 20581

RE: FOIA Confidential Treatment Request Pursuant to Regulation 145.9

Dear Sir or Madam,

Prior to and on this date, Small Exchange, Inc. (“Small Exchange”) has submitted to Chris Kirkpatrick,
Secretary of the Commodity Futures Trading Commission (the “Commission”), an application for Small
Exchange to be registered as a designated contract market pursuant to Section 5 of the Commodity
Exchange Act, and Part 38 of the Commission’s regulations (the “Application”).

Pursuant to Commission Regulations Sections 38.3(a)(3), 38.3(a)(4), 145.5 and 145.9, the Small Exchange
hereby requests confidential treatment of the Confidential Submission including, without limitation, all
information and documents set forth in the Application and on the attached Exhibit U-1, with the sole
exception of those portions or sections of the Application set forth in Commission Regulation Section
40.8 of Chapter 38 that will be made publicly available, notwithstanding this request for confidential
treatment (See Commission Regulation Section 38.3(a)(4) of Chapter 38). Confidential treatment is
requested on the grounds that disclosure of such materials would reveal trade secrets and/or
confidential commercial or financial information of Small Exchange. In addition to violating the
exchanges’ proprietary rights, the disclosure of the Confidential Submission would grant competitors an
unfair competitive advantage and/or compromise the competitive advantages possessed by Small
Exchange.

In accordance with Commission Regulation 145.9(d)(5), Small Exchange hereby requests that the
Confidential Submission be afforded confidential treatment in perpetuity.

We understand that if the Commission receives a FOIA request for the Confidential Submission, we will
be notified of such request in accordance with the Commission’s regulations and be asked to submit,
within ten business days, a detailed written justification for confidential treatment of the
Confidential Submission. See Commission Rule § 149.5(e)(1); see also Executive Order 12600, 52 Fed.
Reg. 23781 (June 23, 1987) (detailing pre-disclosure notification procedures under FOIA). In such event,
we request that Commission staff telephone or e-mail the undersigned rather than rely upon
United States mail for such notice.


the (f/f) exchange

If the Commission or its staff transmits any of the Confidential Submission to another federal agency,
we request that you forward a copy of this letter to any such agency with the Confidential Submission
and further request that you advise any such agency that we requested that this material be accorded
confidential treatment.

The requests set forth in the preceding paragraphs also apply to any memoranda, notes, transcripts or
other writings of any sort whatsoever that are made by, or at the request of, any employee of the
Commission (or any other federal agency) and which: (i) incorporate, include or relate to any aspect of
the Confidential Submission; or (ii) refer to any conference, meeting, or telephone conversation
between the Small Exchange, their current or former employees, representatives, agents, auditors or
counsel on the one hand and employees of the Commission (or any other government agency) on the
other, relating to the Confidential Submission. Further, the Small Exchange requests that the
Commission notify the undersigned at the provided contact information below upon receiving any FOIA
request for any of the Confidential Information provided.

Finally, the Small Exchange requests that the Commission notify it in the event the Commission intends
to disclose the Confidential Information provided to a federal or state governmental agency or
department.

If you have any questions or require any further information, please contact the undersigned at

312.858.7001 or droberts@thesmallexchange.com.

Kindest Regards,

Sb merd & tpbale

Donald E. Roberts

President and CEO
Small Exchange, Inc.