300 Vesey Street New York, NY 10282 T 212 299 2200 F 212 301 4645 christopher.bowen@cmegroup.com cmegroup.com

Christopher Bowen 

Managing Director and Chief Regulatory Counsel

Legal Department

December 29, 2021

VIA Electronic Portal

Assistant Secretary of the Commission for FOIA,

CFTC FOIA Compliance Office

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: FOIA Confidential Treatment Request: Appendix A to Chicago Mercantile 

Exchange Inc. Submission No. 21-231

Dear Assistant Secretary:

On behalf of Chicago Mercantile Exchange Inc. ("CME" or "Exchange"), we request that the Commodity

Futures Trading Commission ("Commission") provide confidential treatment to Appendix A to CME

Submission No. 21-231S dated December 29, 2021, and the information contained therein (the "Confidential

Information"). This request is made pursuant to and in accordance with Commission Regulations 40.8(c) and

145.9(d). We request confidential treatment of the Confidential Information indefinitely.

Pursuant to Commission Regulation 145.9(d)(ii), we request confidential treatment of the Confidential

Information on the grounds that it is confidential commercial information of the Exchange that is exempt from

disclosure pursuant to Section 552(b)(4) of the Freedom of Information Act ("FOIA") ("FOIA Exemption 4"),

which bars disclosure of "trade secrets and commercial or financial information obtained from a person and

privileged or confidential."

The Confidential Information contains specific information about the Exchange's internal deliberative

processes, including the identities of certain employees (by title) who were involved in reviewing and approving

the rule changes covered by CME Submission No. 21-231, acting pursuant to delegated authority. CME

consistently treats this information as private, and thus it does not disclose the identities of the employees who

are delegated authority to approve rule changes beyond others in the CME Group as necessary or appropriate

for them to perform their responsibilities. The CME safeguards this information to avoid subjecting the 

employees to external pressure in the future that could interfere with their consideration of other potential rule

changes within their areas of delegated authority, as it is crucial that these individuals make decisions based

solely on their professional judgment. In addition, although substantial competitive harm no longer is required

to satisfy FOIA Exemption 4, see Food Marketing Institute v. Argus Leader Media, no. 18-481, 588 U.S._(June 

24, 2019), disclosure of the Confidential Information would cause substantial harm to the Exchange as it would 

reveal confidential commercial information about the Exchange's internal operations to its competitors, to the 

CME's commercial detriment. Thus, the Confidential Information is confidential commercial information of the 

CME within the scope of FOIA Exemption 4.

Pursuant to Commission Regulation 145.9(e)(1), please contact the undersigned, Christopher Bowen

Managing Director and Chief Regulatory Counsel, CME Group, if the Commission receives any request under

FOIA for the Confidential Information, or any request pursuant to court order, subpoena or summons for the

Confidential Information, before releasing the Confidential Information, so that we may substantiate further the

grounds for confidential treatment or take other appropriate steps to protect the Confidential Information.

Please contact the undersigned at (212) 299-2200 should you have any questions concerning this letter.

Sincerely,

/s/ Christopher Bowen

Managing Director and Chief Regulatory Counsel