e8-17531

FR Doc E8-17531[Federal Register: July 31, 2008 (Volume 73, Number 148)]

[Notices]

[Page 44707-44709]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr31jy08-30]

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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:

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Entity Fee amount

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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

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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:

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2008 Fee

3-year (lesser of

average actual 3-year % of actual or

costs volume calculated

fee)

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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

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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 [email protected], 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

Last Updated: July 31, 2008