:FOLEY 

FOLEY & LARDNER LLP COMMENT 

VIA ELECTRONIC MAIL 

David Stawick 

Secretary 

Commodity Futures Trading Commission 

Three Lafayette Centre 

1155 21st Street, NW 

Washington, DC 20581 

August 17, 2009 

Received CFTC 

Records Section 

~/115/01 

ATIORNEYS AT LAW 

321 NORTH CLARK STREET, SUITE 2800 

CHICAGO, ll 60654·5313 

312.832.4500 TEL 

312.832.4700 FAX 

foley.com 

email: ktrkla@foley.com 

phone: 312.832.51~ 

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Re: Commodity Futures Trading Commission's Advanced Notice of Proposed 

Rulemaldng on Account Ownership and Control Report, RIN 3038-AC63, 

74 Fed. Reg. 31642 (July 2, 2009) 

Dear Mr. Stawick, 

Foley & Lardner LLP appreciates the opportunity to provide comments to the Commodity Future 

Trading Commission ("CFTC") on the above-referenced advanced notice of proposed rulemaking on 

Account Ownership and Control Reports ("Advanced Notice"). In this Advanced Notice, the CFTC 

proposes to create an Ownership and Control Report ("OCR") which will serve as an ownership, 

control, and relationship directory for every trading account number reported to the CFTC through 

the exchanges' Trade Capture Reports. 

The CFTC is proposing that the exchanges gather the information for, and submit, the OCR to the 

CFTC weekly. The OCR would include, among other account identifying information, the last four 

digits of the Social Security number or taxpayer identification number of a trading account owner or 

controller. We understand the importance of gathering appropriate account information to enhance 

the effectiveness of market and trade practice surveillance programs. Our comments are limited to 

one specific issue: ensuring that all identifying information, including highly sensitivity Social 

Security number information, will be treated as confidential and not subject to public disclosure. 

Thus, we recommend that the CFTC address confidentiality concerns as it moves forward with its 

rulemaking. For example, CFTC Rule 145.5, 17 CFR § 145.5, entitled "Disclosure of Nonpublic 

Records," generally provides that the CFTC will decline to publish or publicly disclose non-public 

records specified within the rule, including as set out in paragraph (d) account-related information 

gathered through various specified large trader and position reporting forms. To ensure that the 

information collected by the exchanges and submitted through the OCR is likewise protected from 

public disclosure, we ask that the CFTC amend Rule 145.5(d) as part of this rulemaking to include in 

the list of non-public records protected against disclosure the information collected for and included 

in the OCR. 

BOSTON 

BRUSSELS 

CHICAGO 

DETROIT 

JACKSONVILLE 

LOS ANGELES 

MADISON 

MIAMI 

MILWAUKEE 

NEW YORK 

ORLANDO 

SACRAMENTO 

SAN DIEGO 

SAN DIEGO/DEL MAR 

SAN FRANCISCO 

SHANGHAI 

SILICON VALLEY 

TALLAHASSEE 

TAMPA 

TOKYO 

WASHINGTON, D.C. 

CHIC_ 4402338.1 
:FOLEY 

FOLEY & LARDNER LLP 

David Stawick 

August 17, 2009 

Page2 

We also ask that the CFTC incorporate into any rules it may adopt to implement the OCR proposal a 

requirement that the exchanges, in gathering this infonnation, have a duty to treat it as non-public 

and confidential. 

Foley & Lardner LLP appreciates the opportunity to comment, and we thank you for your 

consideration of our concerns. Should you have any questions, please contact me at (312) 832-5179. 

Sincerely, 

CHIC_ 4402338.1