[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Notices]
[Pages 44707-44709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17531]


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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: Establish the FY 2008 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) (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 2008 is based upon 
an average of actual program costs incurred during FY 2005, 2006, and 
2007, as explained below. The FY 2008 fee schedule is set forth in the 
SUPPLEMENTARY INFORMATION. Electronic payment of fees is required.

DATES: Effective Date: The FY 2008 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 29, 2008.

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.
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    \1\ 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.....................................     $146,077

[[Page 44708]]

 
Chicago Mercantile Exchange................................      124,734
New York Mercantile Exchange...............................      144,893
Kansas City Board of Trade.................................       11,119
New York Board of Trade....................................       37,662
Minneapolis Grain Exchange.................................       28,181
HedgeStreet................................................       10,194
Chicago Climate Futures Exchange...........................        8,306
U.S. Futures Exchange......................................       14,602
OneChicago.................................................       15,836
National Futures Association...............................      450,419
                                                            ------------
    Total..................................................      992,022
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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): 109 percent for fiscal 
year 2005, 109 percent for fiscal year 2006, and 140 percent for fiscal 
year 2007. The increase in the overhead rate for FY 2007 is due to 
refinement in the agency's reporting capabilities. In past years, the 
overhead rate did not accurately reflect the cost of benefits. The 
implementation of a new financial system revealed the inaccuracy and 
the 2007 overhead rate reflects the correct benefits amount. 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 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 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 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 = 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:

----------------------------------------------------------------------------------------------------------------
                                                                                                     2008 Fee
                                                                      3-year                        (lesser of
                                                                  average actual    3-year % of      actual or
                                                                       costs          volume        calculated
                                                                                                       fee)
----------------------------------------------------------------------------------------------------------------
Chicago Board of Trade..........................................        $146,077         32.4504        $146,077
Chicago Mercantile Exchange.....................................         124,734         54.5543         124,734
New York Mercantile Exchange....................................         213,577         10.5981         144,893
Kansas City Board of Trade......................................          20,918          0.1834          11,119
New York Board of Trade.........................................          62,615          1.7674          37,662
Minneapolis Grain Exchange......................................          55,903          0.0637          28,181
HedgeStreet.....................................................          20,293          0.0132          10,194
Chicago Climate Futures Exchange................................          16,594          0.0026           8,306
US Futures Exchange.............................................          28,692          0.0711          14,602
OneChicago......................................................          29,684          0.2764          15,836
    Subtotal....................................................         719,088  ..............         541,603
National Futures Association....................................         450,419  ..............         450,419
                                                                 -----------------------------------------------
    Total.......................................................       1,169,507  ..............         992,022
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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 $55,903.

[[Page 44709]]

    b. The alternative computation is: (.5) ($55,903) + (.5) (.000637) 
($719,088) = $28,181.
    c. The fee is the lesser of a or b; in this case $28,181.
    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 2005 through 2007 was $450,419 (one-third of $1,351,256). The fee 
to be paid by the NFA for the current fiscal year is $450,419.

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 <a href="/cdn-cgi/l/email-protection#1d7c7e717c6f765d7e7b697e337a726b"><span class="__cf_email__" data-cfemail="d8b9bbb4b9aab398bbbeacbbf6bfb7ae">[email protected]</span></a>, 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 Acting 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 24, 2008, by the Commission.
David Stawick,
Secretary of the Commission.
[FR Doc. E8-17531 Filed 7-30-08; 8:45 am]
BILLING CODE 6351-01-P


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