1

April 28, 2023

Assistant Secretary of the Commission for FOIA

Privacy and Sunshine Acts Compliance

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

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

Section 5c(c)(1) of the Commodity Exchange Act (“CEA”) and Commission 

Regulation 40.6(a) self-certification submissions on April 28, 2023

Dear Secretary,

In conjunction with the self-certification submitted today via the Commodity Futures 

Trading Commission (“CFTC”) Portal by the Minneapolis Grain Exchange, LLC (“MGEX”), 

pursuant to Section 5c(c)(1) of the Commodity Exchange Act (“CEA”) and Commission 

Regulation 40.6(a), MGEX respectfully requests confidential treatment for the selfcertification (collectively, the “Confidential Material”) until further notice.

The Confidential Material relates to the operations of MGEX and concerns or may 

concern customarily non-public, confidential and privileged business and commercial 

information concerning MGEX. The Confidential Material is also exempt from mandatory 

disclosure under the following provision of the Freedom of Information Act ("FOIA"): 5 

U.S.C. § 552(b)(8) (which protects information contained in or related to examination, 

operating, or condition reports about financial institutions that a governmental agency

regulates or supervises).

In accordance with CFTC Regulation 145.9, MGEX hereby requests that the Commission 

afford confidential treatment under FOIA for the Confidential Material. MGEX requests 

that confidential treatment be maintained until further notice for such documents in 

accordance with CFTC Regulation 145.9(d)(5). 

Additionally, MGEX requests that the Commission notify MGEX immediately after 

receiving any FOIA request for such documents or any other court order, subpoena, or 

summons for the same. MGEX also requests that the Commission notify MGEX if it 
MINNEAPOLIS GRAIN EXCHANGE, LLC

400 South 4th Street | 130 Grain Exchange Building | Minneapolis, MN 55415

612-321-7101

mgex.com

intends to disclose such documents to any governmental agency or unit pursuant to 

Section 8 of the Commodity Exchange Act. Finally, MGEX requests that you forward a 

copy of this letter to any such agency with the Confidential Material. MGEX does not 

waive its notification rights under Section 8(f) of the Commodity Exchange Act with 

respect to any subpoena or summons for such documents.

The request set forth in the preceding paragraphs also applies to any memoranda, notes, 

transcripts or other writings of any sort whatsoever that are made by, or at the request of, 

the Commission or the Staff (or any other government agency) and which (1) incorporate, 

include or relate to any of the Confidential Material or (2) refer to any conference, meeting 

or telephone conversation between the officers, directors, employees, shareholders, 

agents, current or former representatives or counsel of the Company on the one hand 

and the Commission or the Staff (or any other government agency) on the other, relating 

to the Confidential Material.

Provision of the Confidential Material is not intended to, and does not, waive any 

applicable privilege or other legal basis under which information may not be subject to 

production. If it were found that any of the enclosed Confidential Material constitutes 

disclosure of otherwise privileged matters, such disclosure would be inadvertent.

The basis on which confidential treatment is being requested is that disclosure of the

Confidential Material would reveal trade secrets or confidential commercial or financial 

information of MGEX, a financial institution that falls under the protection of FOIA. Should 

you have any questions regarding this letter, please feel free to contact me at (612) 321-

7176 or jkrause@mgex.com. Thank you for your attention in this matter.

Sincerely,

James D. Krause

Associate Counsel, MGEX Clearing