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[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Notices]
[Page 39672-39673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy06-61]

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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: Establishment of the FY 2006 schedule of fees.

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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) (NFA and the contract markets are referred to as SROs). The
calculation of the fee amounts to be charged for FY 2006 is based upon
an average of actual program costs incurred during FY 2003, 2004, and
2005, as explained below. The FY 2006 fee schedule is set forth in the
SUPPLEMENTARY INFORMATION. Electronic payment of fees is required.

DATES: Effective Dates: The FY 2006 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 September 11, 2006.

FOR FURTHER INFORMATION CONTACT: Stacy Dean Yochum, Counsel to the
Executive Director, Commodity Futures Trading Commission, (202) 418-
5160, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581. For information on electronic payment, contact Stella Lewis,
Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581,
(202) 418-5186.

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.
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    \1\ National Futures Association (NFA) is the only registered
futures association.
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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...............................            $72,286
Chicago Mercantile Exchange..........................            201,763
New York Mercantile Exchange.........................            105,117
Kansas City Board of Trade...........................             10,992
New York Board of Trade..............................             63,561
Minneapolis Grain Exchange...........................             11,108
OneChicago...........................................             18,301
National Futures Association.........................            277,661
                                                      ------------------
    Total............................................            760,789
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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.
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    \2\ See 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).
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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 Commission-wide 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): 113 percent for fiscal
year 2003, 109 percent for fiscal year 2004, and 109 percent for fiscal
year 2005. These overhead rates are applied to the direct labor costs
to calculate the costs of oversight of SRO rule enforcement programs.

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 review 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 year-
to-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

[[Page 39673]]

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 made is 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 = 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:

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                                                                  3-year average    3-year % of    Average year
                                                                   actual costs       volume         2006 fee
----------------------------------------------------------------------------------------------------------------
Chicago Board of Trade..........................................          72,286         34.4803          72,286
Chicago Mercantile Exchange.....................................         201,763         51.4928         201,763
New York Mercantile Exchange....................................         144,899         10.7381         105,117
Kansas City Board of Trade......................................          16,985          0.8216          10,992
New York Board of Trade.........................................         115,320          1.9397          63,561
Minneapolis Grain Exchange......................................          21,490          0.1193          11,108
OneChicago......................................................          35,695          0.1489          18,301
                                                                 -----------------------------------------------
    Subtotal....................................................         608,438         99.7407         483,128
National Futures Association....................................         277,661             N/A         277,661
�����������������������������������������������������������������
    Total.......................................................         886,099         99.7407         760,789
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    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 $21,490.
    b. The alternative computation is: (.5) ($21,490) + (.5) (.001193)
($608,438) = $11,108.
    c. The fee is the lesser of a or b; in this case $11,108.
    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 2003 through 2005 was $277,661 (one-third of $832,983). The fee
to be paid by the NFA for the current fiscal year is $277,661.
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
Stella Lewis at (202) 418-5186 or [email protected], or see the CFTC Web
site at  href=
"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cftc.gov">http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cftc.gov, specifically,  href="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www">http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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 (also referred to
as exchanges) 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 July 5, 2006, by the Commission.
Eileen A. Donovan,
Acting Secretary of the Commission.
[FR Doc. 06-6109 Filed 7-12-06; 8:45 am]

BILLING CODE 6351-01-P
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