Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 46115 

1NFA is the only registered futures association. 

2See Section 237 of the Futures Trading Act of 

1982, 7 U.S.C. 16a and 31 U.S.C. 9701. For a 

broader discussion of the history of Commission 

Fees, see 52 FR 46070 (Dec. 4, 1987). 

Notification to Importers 

This notice serves as a preliminary 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

These preliminary results of review 

are issued and published in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act. 

Dated: August 31, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–21594 Filed 9–4–09; 8:45 am] 

BILLING CODE 3510–DS–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Fees for Reviews of the Rule 

Enforcement Programs of Contract 

Markets and Registered Futures 

Associations 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Establish the FY 2009 schedule 

of fees. 

SUMMARY: The Commission charges fees 

to designated contract markets and 

registered futures associations to recover 

the costs incurred by the Commission in 

the operation of its program of oversight 

of self-regulatory organization (SRO) 

rule enforcement programs (17 CFR part 

1 Appendix B) (National Futures 

Association (NFA), a registered futures 

association, and the contract markets are 

referred to as SROs). The calculation of 

the fee amounts to be charged for FY 

2009 is based upon an average of actual 

program costs incurred during FY 2006, 

2007, and 2008, as explained below. 

The FY 2009 fee schedule is set forth in 

the SUPPLEMENTARY INFORMATION. 

Electronic payment of fees is required. 

DATES: Effective Dates: The FY 2009 fees 

for Commission oversight of each SRO 

rule enforcement program must be paid 

by each of the named SROs in the 

amount specified by no later than 

November 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stacy Dean Yochum, Deputy Executive 

Director, Commodity Futures Trading 

Commission, (202) 418–5157, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581. For information 

on electronic payment, contact Angela 

Clark, Three Lafayette Centre, 1155 21st 

Street, NW., Washington, DC 20581, 

(202) 418–5178. 

SUPPLEMENTARY INFORMATION: 

I. General 

This notice relates to fees for the 

Commission’s review of the rule 

enforcement programs at the registered 

futures associations 1 and designated 

contract markets (DCM), which are 

referred to as SROs, regulated by the 

Commission. 

II. Schedule of Fees 

Fees for the Commission’s review of 

the rule enforcement programs at the 

registered futures associations and 

DCMs regulated by the Commission: 

Entity Fee amount 

Chicago Board of Trade ........... $77,371 

Chicago Mercantile Exchange .. 121,071 

New York Mercantile Exchange 197,535 

Kansas City Board of Trade ..... 10,127 

ICE Futures U.S. ...................... 32,683 

Minneapolis Grain Exchange ... 62,449 

HedgeStreet .............................. 14,375 

Chicago Climate Futures Exchange .................................. 12,259 

U.S. Futures Exchange ............ 18,601 

OneChicago .............................. 1,157 

National Futures Association .... 179,641 

Total ................................... 727,270 

III. Background Information 

A. General 

The Commission recalculates the fees 

charged each year with the intention of 

recovering the costs of operating this 

Commission program.2 All costs are 

accounted for by the Commission’s 

Management Accounting Structure 

Codes (MASC) system, which records 

each employee’s time for each pay 

period. The fees are set each year based 

on direct program costs, plus an 

overhead factor. 

B. Overhead Rate 

The fees charged by the Commission 

to the SROs are designed to recover 

program costs, including direct labor 

costs and overhead. The overhead rate 

is calculated by dividing total 

Commission-wide overhead direct 

program labor costs into the total 

amount of the Commission-wide 

overhead pool. For this purpose, direct 

program labor costs are the salary costs 

of personnel working in all Commission 

programs. Overhead costs consist 

generally of the following Commissionwide costs: indirect personnel costs 

(leave and benefits), rent, 

communications, contract services, 

utilities, equipment, and supplies. This 

formula has resulted in the following 

overhead rates for the most recent three 

years (rounded to the nearest whole 

percent): 109 percent for fiscal year 

2006, 140 percent for fiscal year 2007, 

and 144 percent for fiscal year 2008. 

C. Conduct of SRO Rule Enforcement 

Reviews 

Under the formula adopted in 1993 

(58 FR 42643, Aug. 11, 1993), which 

appears at 17 CFR Part 1 Appendix B, 

the Commission calculates the fee to 

recover the costs of its rule enforcement 

reviews and examinations, based on the 

three-year average of the actual cost of 

performing such reviews and 

examinations at each SRO. The cost of 

operation of the Commission’s SRO 

oversight program varies from SRO to 

SRO, according to the size and 

complexity of each SRO’s program. The 

three-year averaging computation 

method is intended to smooth out yearto-year variations in cost. Timing of the 

Commission’s reviews and 

examinations may affect costs—a review 

or examination may span two fiscal 

years and reviews and examinations are 

not conducted at each SRO each year. 

Adjustments to actual costs may be 

made to relieve the burden on an SRO 

with a disproportionately large share of 

program costs. 

The Commission’s formula provides 

for a reduction in the assessed fee if an 

SRO has a smaller percentage of United 

States industry contract volume than its 

percentage of overall Commission 

oversight program costs. This 

adjustment reduces the costs so that, as 

a percentage of total Commission SRO 

oversight program costs, they are in line 

with the pro rata percentage for that 

SRO of United States industry-wide 

contract volume. 

The calculation is made as follows: 

The fee required to be paid to the 

Commission by each DCM is equal to 

the lesser of actual costs based on the 

three-year historical average of costs for 

that DCM or one-half of average costs 

incurred by the Commission for each 

DCM for the most recent three years, 

plus a pro rata share (based on average 

trading volume for the most recent three 

years) of the aggregate of average annual 

costs of all DCMs for the most recent 

three years. The formula for calculating 

the second factor is: 0.5a + 0.5 vt = 


jlentini on DSKJ8SOYB1PROD with NOTICES
46116 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 

current fee. In this formula, ‘‘a’’ equals 

the average annual costs, ‘‘v’’ equals the 

percentage of total volume across DCMs 

over the last three years, and ‘‘t’’ equals 

the average annual costs for all DCMs. 

NFA has no contracts traded; hence, its 

fee is based simply on costs for the most 

recent three fiscal years. 

This table summarizes the data used 

in the calculations and the resulting fee 

for each entity: 

3-year average actual 

costs 

3-year % of 

volume 

(percent) 

2009 Fee 

(lesser of 

actual or 

calculated 

fee) 

Chicago Board of Trade .......................................................................................................................... $77,371 31.0879 $77,371 

Chicago Mercantile Exchange ................................................................................................................. 121,071 55.2977 121,071 

New York Mercantile Exchange .............................................................................................................. 306,092 11.2605 197,535 

Kansas City Board of Trade .................................................................................................................... 18,998 0.1591 10,127 

ICE Futures U.S. ..................................................................................................................................... 50,712 1.8545 32,683 

Minneapolis Grain Exchange ................................................................................................................... 124,466 0.0548 62,449 

North American Derivatives Exchange .................................................................................................... 28,685 0.0082 14,375 

Chicago Climate Futures Exchange ........................................................................................................ 24,457 0.0076 12,259 

U.S. Futures Exchange ........................................................................................................................... 37,173 0.0038 18,601 

OneChicago ............................................................................................................................................. 1,157 0.2367 1,157 

Subtotal .................................................................................................................................................... 790,181 .................... 547,628 

National Futures Association ................................................................................................................... 179,641 .................... 179,641 

Total .................................................................................................................................................. 969,822 .................... 727,270 

An example of how the fee is 

calculated for one exchange, the 

Minneapolis Grain Exchange, is set forth 

here: 

a. Actual three-year average costs 

equal $124,466. 

b. The alternative computation is: 

(.5) ($124,466) + (.5) (.000548) 

($790,181) = $62,449 

c. The fee is the lesser of a or b; in 

this case $62,449. 

As noted above, the alternative 

calculation based on contracts traded is 

not applicable to NFA because it is not 

a DCM and has no contracts traded. The 

Commission’s average annual cost for 

conducting oversight review of the NFA 

rule enforcement program during fiscal 

years 2007 through 2009 was $179,641 

(one-third of $538,923). The fee to be 

paid by the NFA for the current fiscal 

year is $179,641. 

Payment Method 

The Debt Collection Improvement Act 

(DCIA) requires deposits of fees owed to 

the government by electronic transfer of 

funds (See 31 U.S.C. 3720). For 

information about electronic payments, 

please contact Angela Clark at (202) 

418–5178 or aclark@cftc.gov, or see the 

CFTC Web site at http://www.cftc.gov, 

specifically, http://www.cftc.gov/cftc/ 

cftcelectronicpayments.htm. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601, et seq., requires agencies to 

consider the impact of rules on small 

business. The fees implemented in this 

release affect contract markets and 

registered futures associations. The 

Commission has previously determined 

that contract markets and registered 

futures associations are not ‘‘small 

entities’’ for purposes of the Regulatory 

Flexibility Act. Accordingly, the 

Chairman, on behalf of the Commission, 

certifies pursuant to 5 U.S.C. 605(b) that 

the fees implemented here will not have 

a significant economic impact on a 

substantial number of small entities. 

Issued in Washington, DC on September 1, 

2009, by the Commission. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. E9–21545 Filed 9–4–09; 8:45 am] 

BILLING CODE P 

COMMODITY FUTURES TRADING 

COMMISSION 

Energy and Environmental Markets 

Advisory Committee Meeting 

Errata Notice 

On September 1, 2009, the 

Commodity Futures Trading 

Commission’s Energy and 

Environmental Markets Advisory 

Committee announced that it will 

conduct a meeting on Wednesday, 

September 16, 2009, from 8 a.m. until 

11 a.m. in the Commission’s New York 

Regional Office, 140 Broadway, 19th 

Floor, New York, NY 10005, and is open 

to the public. 

That Notice is corrected as follows: 

The public access call-in number for 

U.S. and Canada is (888) 691–4252. 

Issued by the Commission in Washington, 

DC on September 1, 2009. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. E9–21516 Filed 9–4–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Availability of the Fiscal Year 

2008 Department of Navy Services 

Contract Inventory Pursuant to Section 

807 of the National Defense 

Authorization Act for Fiscal Year 2008 

AGENCY: Department of the Navy, DOD. 

ACTION: Notice of Publication. 

SUMMARY: In accordance with section 

2330a of Title 10 United States Code as 

amended by the National Defense 

Authorization Act (NDAA) for Fiscal 

Year 2008 (FY 08) section 807, the 

Deputy Assistant Secretary of the Navy 

(DASN) for Acquisition and Logistics 

Management (A&LM) and the Office of 

the Director, Defense Procurement and 

Acquisition Policy (DPAP) will make 

available, to the public, an inventory of 

activities performed pursuant to 

contracts for services. The inventory 

will be published to the ASN (RDA) 

Web site at the following location: 

https://acquisition.navy.mil/ 

NDAAsection807. 

DATES: Inventory is to be made 

publically available not later than 30 

days after August 4, 2009—the date 

which the DON inventory report was 

submitted to Congress. 

ADDRESSES: Send written comments and 

suggestions concerning the inventory to 

the Deputy Assistant Secretary of the 

Navy for Acquisition and Logistics 

Management, 1000 Navy Pentagon, 

Suite BF–992, Washington DC 20350– 

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger Yee, Strategic Sourcing, (703) 


jlentini on DSKJ8SOYB1PROD with NOTICES