March 22, 2019

FOIA CONFIDENTIAL TREATMENT REQUEST

Pursuant to 17 C.F.R. § 145.9

VIA ELECTRONIC TRANSMISSION 

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. 20581

Re: Petition for Confidential Treatment

Dear Sir or Madam:

Nodal Exchange, LLC (“Nodal Exchange”) has on this date provided the material described in 

Appendix A to this letter (the “Confidential Submission”) to the staff of the Division of Market 

Oversight.

In accordance with the provisions of Commission Regulations 38.3(a)(3), 145.5 and 145.9, we 

hereby request confidential treatment of the Confidential Submission. Confidential treatment is 

requested, inter alia, on the grounds that the Confidential Submission contains data and 

information that 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 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 Nodal Exchange.

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 § 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 email the undersigned rather 

than rely upon United States mail for such notice.
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If the Commission or its staff transmits any portion 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 Nodal Exchange 

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 Nodal Exchange, 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. 

Please acknowledge your receipt of this confidential treatment request by return email. 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 the 

addresses and telephone number provided herein. 

* * * *

Should you have any questions, or receive any requests for copies of the enclosed, please contact 

the undersigned at 703-962-9853 or markotic@nodalexchange.com.

Very truly yours,

/s/ Max Markotic

Director of Compliance

Encl. (Appendix A)
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APPENDIX A

to March 22, 2019 Confidential Treatment Request

from Nodal Exchange, LLC

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

of the following, and includes this Appendix A:

• Exhibit B: Deliverable Supply Analysis

• Exhibit D: Trucking Index Methodology