Bitnomial, Inc. – Bitnomial Exchange, LLC

Exhibit 2

August 30, 2021

VIA ELECTRONIC SUBMISSION

Assistant Secretary of the Commission

for FOI, Privacy and Sunshine Acts Compliance

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, NW

Washington, D.C. 20581

Re: FOIA Confidential Treatment Request - Bitnomial Exchange, LLC Incentive 

Programs

Dear Sir/Madam:

On behalf of Bitnomial, Inc. (the “Company), we have submitted documents, dated August 

30, 2021 (the “Confidential Submission”), to the Commodity Futures Trading Commission

(“Commission”) as part of Bitnomial Exchange, LLC’s BUS and BUI Incentive Programs.

We hereby petition the Commission, pursuant to Commission Regulations 145.5 and

145.9, to accept and retain in confidence the aforementioned documents until further notice as

against any requestor who files with the Commission a request to inspect such documents pursuant

to the Freedom of Information Act.

Confidential treatment is requested, among other things, on the grounds that the

Confidential Submission contains data and information which would separately disclose business

transactions and trade secrets that may not be disclosed to third parties, as provided in Section 8(a)

of the Commodity Exchange Act and Commission Regulation 145.5(c)(1). Confidential treatment

also is requested on the grounds that the Confidential Submission is exempt from disclosure under

paragraph (b)(4) of the Freedom of Information Act (“FOIA”) and Commission Regulations

145.5(d) and 145.9(d)(1)(ii), because it contains commercial and financial information that is

confidential and would be of material assistance to competitors. Further, confidential treatment is

requested on the grounds that the Confidential Submission includes personal information of the

Company and other persons, the disclosure of which would constitute a clearly unwarranted

invasion of personal privacy.

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. In such event, we request that Commission staff

telephone or email the undersigned rather than rely solely upon U.S. mail for such notice.

If the Commission or its staff transmits any of the Confidential Submission to another
Bitnomial, Inc. – Bitnomial Exchange, LLC

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 of the request that

the 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 (1) incorporate, include or

relate to any aspect of the Confidential Submission; or (2) refer to any conference, meeting, or

telephone conversation regarding the Company relating to the Confidential Submission.

Please direct any questions regarding this request for confidential treatment, as well as any

notices pursuant to Commission Regulation 145.9(e), to the attention of the undersigned at 

james.walsh@bitnomial.com.

Very truly yours,

/s/

James Walsh

Chief Regulatory Officer

Bitnomial Exchange, LLC

318 West Adams St.

Chicago, IL 60606

(312) 883-5851