Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Rules and Regulations 36409 

TABLE 1—SUMMARY OF DATA USED IN FEE CALCULATIONS—Continued 

Actual total costs 3-Year average 

actual costs 

3-Year total 

volume % 

Adjusted 

volume 

costs 

2021 

Assessed 

FY 2018 FY 2019 FY 2020 fee 

OneChicago, LLC Futures Exchange ...... 61,276 .................. .................. 20,425 0.13 10,648 10,648 

Subtotal ............................................. 607,946 744,973 658,001 670,307 100.00 670,307 546,255 

National Futures Association ................... 507,673 540,821 567,719 538,738 ........................ ................ 538,738 

Total .................................................. 1,115,619 1,285,794 1,225,720 1,209,044 100.00 670,307 1,084,993 

Columns may not add due to rounding. 

An example of how the fee is 

calculated for one exchange, the 

Chicago Board of Trade, is set forth 

here: 

a. Actual three-year average costs = 

$27,058. 

b. The alternative computation is: [(.5) 

($27,058)] + (.5) [(.33307) ($670,307)] = 

$125,158. 

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

this case $27,058. 

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 2018 through 2020 was $538,738. 

The fee to be paid by the NFA for the 

current fiscal year is $538,738. 

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 are 

as follows: 

TABLE 2—SCHEDULE OF FEES

3-Year 

average 

actual 

costs 

3-Year 

total 

volume % 

Adjusted 

volume costs 

2021 

Assessed fee 

Cantor Futures Exchange, L.P ........................................................................ $26,418 0.03 $13,319 $13,319 

CBOE Futures Exchange, LLC ....................................................................... 26,625 1.24 17,482 17,482 

Chicago Board of Trade .................................................................................. 27,058 33.31 125,158 27,058 

Chicago Mercantile Exchange, Inc .................................................................. 293,282 42.97 290,666 290,666

Eris Exchange, LLC ......................................................................................... 11,057 0.00 5,540 5,540 

ICE Futures U.S., Inc ...................................................................................... 105,620 6.59 74,885 74,885 

Minneapolis Grain Exchange, Inc .................................................................... 13,321 0.05 6,813 6,813 

Nasdaq OMX Futures Exchange, Inc .............................................................. 37,051 0.27 19,444 19,444 

New York Mercantile Exchange/Commodity Exchange, Inc ........................... 11,825 0.08 6,180 6,180 

Nodal Exchange, LLC ...................................................................................... 48,248 0.21 24,844 24,844 

North American Derivatives Exchange, Inc ..................................................... 20,425 0.13 10,648 10,648 

OneChicago, LLC Futures Exchange .............................................................. 49,377 15.11 75,328 49,377 

Subtotal ..................................................................................................... 670,307 100.00% 670,307 546,255 

National Futures Association ........................................................................... 538,738 ........................ ........................ 538,738 

Total .......................................................................................................... 1,209,044 100.00 670,307 1,084,993 

Columns may not add due to rounding. 

III. 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. All payments 

should be made via the government 

payment website https://www.pay.gov/ 

public/form/start/105542374/. Credit 

card payments are only acceptable for 

amounts less than or equal to $24,999. 

All payments equal to or above $25,000 

can be made by electronice funds 

transfer. Fees collected from each selfregulatory organization shall be 

deposited in the Treasury of the United 

States as miscellaneous receipts. See 7 

U.S.C 16a. 

Issued in Washington, DC, on this 14th day 

of June, 2022, by the Commission. 

Robert Sidman, 

Deputy Secretary of the Commission. 

[FR Doc. 2022–13141 Filed 6–16–22; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 414, 488, and 493 

[CMS–3368–CN] 

RIN 0938–AT83 

Medicare Program; Accrediting 

Organizations—Changes of 

Ownership; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 


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36410 Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Rules and Regulations 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule published in the Federal 

Register on April 29, 2022 entitled 

‘‘Accrediting Organizations—Changes of 

Ownership.’’ 

DATES: This correction is effective June 

28, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Caroline Gallaher, (410) 786–8705. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2022–09102 of April 29, 

2022 (87 FR 25413), there were 

technical errors that are identified and 

corrected in this correcting document. 

The provisions in this correction 

document are effective as if they had 

been included in the document 

published April 29, 2022. Accordingly, 

the correction is effective June 28, 2022. 

II. Summary of Errors 

On page 25422 in the second column, 

first full paragraph, and page 25423, in 

the second column, under Section IV, 

the third bulleted paragraph, we 

inadvertently cited § 488.5(f)(10) instead 

of § 488.5(a)(10). We are deleting the 

regulatory citation ‘‘§ 488.5(f)(10)’’ and 

replacing it with ‘‘§ 488.5(a)(10).’’ 

On page 25423, in the second column, 

under Section IV, the third bulleted 

paragraph, we inadvertently omitted 

language indicating our withdrawal of 

the proposal to apply the terms of 

§ 488.5(f)(10) to clinical laboratories 

because an already-existing regulatory 

provision at 42 CFR 493.575(g) 

addresses the same subject matter. 

On page 25427, in the third column, 

last line, we inadvertently referred to 

§ 488.5(f)(10) instead of § 488.5(a)(10). 

We are therefore deleting the reference 

to paragraph ‘‘(f)(10)’’ and replacing it 

with paragraph ‘‘(a)(10).’’ 

On page 25428, in the third full 

paragraph of the third column, we 

inadvertently retained ‘‘clinical 

laboratories’’ in 42 CFR 488.5(f)(10). 

Therefore, as noted above, we are 

deleting the reference to clinical 

laboratories. 

III. Waiver of Proposed Rulemaking 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived; however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

We believe that this correcting 

document does not constitute a rule that 

is subject to the notice and comment or 

delayed effective date requirements. 

This document corrects an inadvertent 

language retention that we intended to 

delete. Existing regulations at 

§ 493.575(g) set forth steps for 

laboratories to follow to maintain their 

accreditation status if CMS approval of 

their Accrediting Organizations has 

been involuntarily terminated. 

IV. Correction of Errors 

■ In FR Doc. 2022–09102 of April 29, 

2022 (87 FR 25413), make the following 

corrections: 

• On page 25422 in the second 

column, first full paragraph, 11th line, 

remove ‘‘§ 488.5(f)(10)’’ and add in its 

place ‘‘§ 488.5(a)(10)’’. 

• On page 25423, in the second 

column, under Section IV, third 

bulleted paragraph, 9th line, remove 

‘‘§ 488.5(f)(10)’’ and add in its place 

‘‘§ 488.5(a)(10)’’. 

• On page 25423, in the second 

column, under Section IV, add the 

following fourth bulleted paragraph: 

‘‘Revised § 488.5(f)(10) to withdraw 

the reference to ‘‘clinical laboratories’’ 

because the policy for laboratories is 

already set out at 42 CFR 493.575(g).’’. 

§ 488.5 [Corrected] 

■ 1. On page 25427, in third column, in 

§ 488.5(f)(2)(iii)(D), remove ‘‘(f)(10)’’ and 

add in its place ‘‘(a)(10)’’. 

■ 2. On page 25428, in the third column, 

in § 488.5(f)(10) introductory text, 

remove the words ‘‘suppliers; Diabetic 

Self-Management Training (DSMT) 

entities; or clinical laboratories,’’ and 

add in their place ‘‘suppliers; or 

Diabetic Self-Management Training 

(DSMT) entities,’’. 

Wilma M. Robinson, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2022–13052 Filed 6–16–22; 8:45 am] 

BILLING CODE 4120–01–P 


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