1110 Brickell Avenue

Suite 430k-200

Miami, FL 33131

https://derivs.ftx.us/

1

December 3, 2021

FOIA CONFIDENTIAL TREATMENT REQUEST

Pursuant to 17 C.F.R. §§ 39.4(b), 40.6(a)(7)(vii), 40.8, 145.5 and 145.9

VIA ELECTRONIC MAIL

(FOIAsubmissions@cftc.gov)

Assistant Secretary of the Commission for FOI,

Privacy and Sunshine Acts Compliance

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20036

Re: Freedom of Information Act (“FOIA”) Confidential Treatment Request 

for Information Submitted to the CFTC by FTX US Derivatives

Dear Sir or Madam:

LedgerX LLC d/b/a FTX US Derivatives (“LedgerX” or “FTX US Derivatives”) has 

on this date provided the documents described in Appendix A to this letter (the “Confidential 

Submission”) through the website of the Commodity Futures Trading Commission (the 

“Commission”) to Christopher Kirkpatrick.

In accordance with the provisions of Commission Regulations 39.4(b), 40.6(a)(7)(vii), 

40.8, 145.5 and 145.9, FTX US Derivatives hereby requests confidential treatment of the 

Confidential Submission. Confidential treatment is requested, inter alia, on the grounds that 

the Confidential Submission contains data and information which would separately disclose 

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), (d)(3), and (h). 

Confidential treatment additionally 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 of FTX US Derivatives.

In accordance with the provisions of paragraph (d)(5) of Regulation 145.9, we request 

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 Regulation

145.9(e)(1); see also Executive Order 12600, 52 Fed. Reg. 23781 (June 23, 1987) (detailing 
1110 Brickell Avenue

Suite 430k-200

Miami, FL 33131

https://derivs.ftx.us/

2

pre-disclosure notification procedures under FOIA). In such event, we request that 

Commission staff telephone or email the undersigned rather than rely upon United States mail 

for such notice.

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 FTX US 

Derivatives has 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 (1) incorporate, include 

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

or telephone conversation between FTX US Derivatives, its 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. 

* * * *

Any questions regarding this request for Confidential Treatment, as well as any notices 

pursuant to Commission Regulation 145.9(e), should be directed to the attention of the 

undersigned at rahul@ftx.us.

Sincerely,

Rahul Sharma

Deputy General Counsel, FTX US Derivatives

Encl. (Appendix A)
1110 Brickell Avenue

Suite 430k-200

Miami, FL 33131

https://derivs.ftx.us/

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APPENDIX A

to December 3, 2021 Confidential Treatment Request

from Rahul Sharma, FTX US Derivatives

The Confidential Submission referenced in the letter to which this Appendix A is attached 

consists of the following documents:

• Appendix A to the letter dated December 3 2021 from Rahul Sharma of FTX US 

Derivatives to Christopher Kirkpatrick re “Commission Regulation 40.6(a) – Rule

Certification, LedgerX LLC Submission No. 21-25”.

• Appendix B to the letter dated December 3 2021 from Rahul Sharma of FTX US 

Derivatives to Christopher Kirkpatrick re “Commission Regulation 40.6(a) – Rule

Certification, LedgerX LLC Submission No. 21-25”.

• Appendix C to the letter dated December 3 2021 from Rahul Sharma of FTX US 

Derivatives to Christopher Kirkpatrick re “Commission Regulation 40.6(a) – Rule

Certification, LedgerX LLC Submission No. 21-25”.