Appendix 3. The Commission and the Industry We Regulate

Fundamental changes in the technology, products and platforms of U.S. futures trading have increased the Commission's need for sophisticated technology, specialized skills and additional resources to keep pace.

In the futures industry, exchanges, in particular, have undergone a decade-long transition from geographically-defined trading pits to electronic platforms with global reach.  From 2000 to 2010, electronic trading grew from approximately nine percent of volume to 78 percent on all U.S. DCMs.  Over the same time period, the number of actively-traded futures and options contracts listed on U.S. exchanges increased more than nine-fold, from approximately 266 contracts in 2000 to approximately 2,466 contracts in 2010.  Total DCM futures and options trading volume rose from approximately 580 million contracts in 2000 to approximately 3.11 billion in 2010, an increase of more than 436 percent.

Regulated Entities by Mission Activity

The Commission's regulatory scope encompasses trading entities, clearing entities, and data repositories and the sole registered futures association, NFA.  For the overwhelming number of market participants, the Commission's role is as a second-line regulator, where the agency relies on the DSROs to perform critical regulatory responsibilities.  The Commission's direct regulatory activities in registration, product reviews, and examinations are primarily focused on the DCMs, DCOs, SDRs, NFA, and soon, SEFs.  The Commission also conducts direct examinations of intermediary trading entities on a "for cause" basis and periodic routine  direct examinations as resources are available.  While the DSRO's are obligated to conduct surveillance and enforcement activities for entities under their purview, the Commission conducts surveillance and enforcement activities across all market participants.

A cross-walk of regulated entities and registrants and CFTC's mission activities follows.  Activities and entities for which CFTC is the first-line regulator are identified as "CFTC".  Activities and major entities for which the agency is the second-line regulator are identified as "SRO/CFTC", "DSRO/CFTC" or "NFA/CFTC", where DSRO is the acronym for Designated SRO.  Activities and entities for which the CFTC has delegated responsibility to the NFA are identified as "NFA".

Matrix of U.S. Registered Entities and Registrants by CFTC Mission Activity
Entity Acronym CFTC Mission-Activity
  Registration and
Registration
Compliance
Product
Reviews
Surveillance Examinations Enforcement Economic and
Legal Analysis
Trading Entities
Designated Contract Market DCM CFTC CFTC CFTC CFTC CFTC CFTC
Swap Execution Facility SEF CFTC CFTC CFTC CFTC CFTC CFTC
Foreign Board of Trade FBOT CFTC CFTC N/A N/A CFTC CFTC
Clearing Entities
Derivatives Clearing Organization DCO CFTC CFTC CFTC CFTC CFTC CFTC
Systemically Important Derivatives
Clearing Organization
SIDCO CFTC CFTC CFTC CFTC/
Federal Reserve
CFTC CFTC
Data Repositories
Swap Data Repository SDR CFTC N/A N/A CFTC CFTC CFTC
Registered Futures Association
National Futures Association NFA CFTC N/A N/A CFTC CFTC CFTC
Intermediaries
Futures Commission Merchant FCM NFA N/A DSRO/CFTC DSRO/CFTC DSRO/CFTC CFTC
Swap Dealer SD NFA CFTC NFA/CFTC NFA/CFTC NFA/CFTC CFTC
Major Swap Participant MSP NFA CFTC NFA/CFTC NFA/CFTC NFA/CFTC CFTC
Retail Foreign Exchange Dealer RFED NFA N/A NFA/CFTC NFA/CFTC NFA/CFTC CFTC
Managed Funds
Commodity Trading Advisor CTA NFA N/A NFA/CFTC NFA NFA/CFTC CFTC
Commodity Pool Operator CPO NFA N/A NFA/CFTC NFA NFA/CFTC CFTC
Other Registrants
Introducing Broker IB NFA N/A NFA/CFTC NFA NFA/CFTC CFTC
Floor Broker FB NFA N/A CFTC N/A SRO/CFTC CFTC
Floor Trader FT NFA N/A CFTC N/A SRO/CFTC CFTC
Associated Person (Sales) AP NFA N/A CFTC N/A SRO/CFTC CFTC

Assumptions on the Number of Regulated Entities

Number of Market Participants by Fiscal Year
Entity Acronym Number of Registered Entities/Registrants
  FY 2012
Actuals
FY 2013
Assumptions
FY 2014
Assumptions
Trading Entities
Designated Contract Market DCM 16 23-26 23-26
Swap Execution Facility SEF 0 15 15
Foreign Board of Trade FBOT 21 21 21
Clearing Entities
Derivatives Clearing Organization DCO 17 18 20
Clearing Member   191 200 210
Systemically Important DCO SIDCO 2 No more than 4 No more than 4
Data Repositories
Swap Data Repository1 SDR 3 5-7 5-7
Intermediaries
Futures Commission Merchant2 FCM 128 115 115
Swap Dealer SD 0 120 120
Major Swap Participant MSP 0 0-6 0-6
Retail Foreign Exchange Dealer RFED 14 12 12
Managed Funds
Commodity Trading Advisor CTA 2,470 2,600 2,600
Commodity Pool Operator CPO 1,172 1,800 1,800
Other Registrants
Introducing Broker IB 1,354 1,500 1,500
Floor Broker FB 5,650 5,600 5,600
Floor Trader FT 1,102 1,100 1,100
Associated Person AP 51,068 54,000 54,000

1 Number of SDR registrants in 2012 are for those entities with provisional registration status. (back to text)

2 Excludes FCMs registered as RFEDs. (back to text)