Fees for Reviews of the Rule Enforcement Programs of Contract Markets and Registered Futures Associations, 46115-46116 [E9-21545]
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: August 31, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–21594 Filed 9–4–09; 8:45 am]
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.
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
BILLING CODE 3510–DS–S
COMMODITY FUTURES TRADING
COMMISSION
Fees for Reviews of the Rule
Enforcement Programs of Contract
Markets and Registered Futures
Associations
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY: Commodity Futures Trading
Commission.
ACTION: Establish the FY 2009 schedule
of fees.
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
2009 is based upon an average of actual
program costs incurred during FY 2006,
2007, and 2008, as explained below.
The FY 2009 fee schedule is set forth in
the SUPPLEMENTARY INFORMATION.
Electronic payment of fees is required.
DATES: Effective Dates: The FY 2009 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
November 9, 2009.
FOR FURTHER INFORMATION CONTACT:
Stacy Dean Yochum, Deputy Executive
Director, Commodity Futures Trading
Commission, (202) 418–5157, Three
Lafayette Centre, 1155 21st Street, NW.,
VerDate Nov<24>2008
17:32 Sep 04, 2009
Jkt 217001
Fee amount
Chicago Board of Trade ...........
Chicago Mercantile Exchange ..
New York Mercantile Exchange
Kansas City Board of Trade .....
ICE Futures U.S. ......................
Minneapolis Grain Exchange ...
HedgeStreet ..............................
Chicago Climate Futures Exchange ..................................
U.S. Futures Exchange ............
OneChicago ..............................
National Futures Association ....
$77,371
121,071
197,535
10,127
32,683
62,449
14,375
Total ...................................
727,270
12,259
18,601
1,157
179,641
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.
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
1 NFA
is the only registered futures association.
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).
2 See
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
46115
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 Commissionwide 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
2006, 140 percent for fiscal year 2007,
and 144 percent for fiscal year 2008.
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 yearto-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 =
E:\FR\FM\08SEN1.SGM
08SEN1
46116
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
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:
2009 Fee
(lesser of
actual or
calculated
fee)
3-year average actual
costs
3-year % of
volume
(percent)
Chicago Board of Trade ..........................................................................................................................
Chicago Mercantile Exchange .................................................................................................................
New York Mercantile Exchange ..............................................................................................................
Kansas City Board of Trade ....................................................................................................................
ICE Futures U.S. .....................................................................................................................................
Minneapolis Grain Exchange ...................................................................................................................
North American Derivatives Exchange ....................................................................................................
Chicago Climate Futures Exchange ........................................................................................................
U.S. Futures Exchange ...........................................................................................................................
OneChicago .............................................................................................................................................
Subtotal ....................................................................................................................................................
National Futures Association ...................................................................................................................
$77,371
121,071
306,092
18,998
50,712
124,466
28,685
24,457
37,173
1,157
790,181
179,641
31.0879
55.2977
11.2605
0.1591
1.8545
0.0548
0.0082
0.0076
0.0038
0.2367
....................
....................
$77,371
121,071
197,535
10,127
32,683
62,449
14,375
12,259
18,601
1,157
547,628
179,641
Total ..................................................................................................................................................
969,822
....................
727,270
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 $124,466.
b. The alternative computation is:
(.5) ($124,466) + (.5) (.000548)
($790,181) = $62,449
c. The fee is the lesser of a or b; in
this case $62,449.
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 2007 through 2009 was $179,641
(one-third of $538,923). The fee to be
paid by the NFA for the current fiscal
year is $179,641.
jlentini on DSKJ8SOYB1PROD with NOTICES
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 aclark@cftc.gov, or see the
CFTC Web site at https://www.cftc.gov,
specifically, https://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
VerDate Nov<24>2008
17:32 Sep 04, 2009
Jkt 217001
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 September 1,
2009, by the Commission.
David Stawick,
Secretary of the Commission.
[FR Doc. E9–21545 Filed 9–4–09; 8:45 am]
BILLING CODE P
COMMODITY FUTURES TRADING
COMMISSION
Energy and Environmental Markets
Advisory Committee Meeting
Errata Notice
On September 1, 2009, the
Commodity Futures Trading
Commission’s Energy and
Environmental Markets Advisory
Committee announced that it will
conduct a meeting on Wednesday,
September 16, 2009, from 8 a.m. until
11 a.m. in the Commission’s New York
Regional Office, 140 Broadway, 19th
Floor, New York, NY 10005, and is open
to the public.
That Notice is corrected as follows:
The public access call-in number for
U.S. and Canada is (888) 691–4252.
Issued by the Commission in Washington,
DC on September 1, 2009.
Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. E9–21516 Filed 9–4–09; 8:45 am]
BILLING CODE P
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Availability of the Fiscal Year
2008 Department of Navy Services
Contract Inventory Pursuant to Section
807 of the National Defense
Authorization Act for Fiscal Year 2008
Department of the Navy, DOD.
Notice of Publication.
AGENCY:
ACTION:
SUMMARY: In accordance with section
2330a of Title 10 United States Code as
amended by the National Defense
Authorization Act (NDAA) for Fiscal
Year 2008 (FY 08) section 807, the
Deputy Assistant Secretary of the Navy
(DASN) for Acquisition and Logistics
Management (A&LM) and the Office of
the Director, Defense Procurement and
Acquisition Policy (DPAP) will make
available, to the public, an inventory of
activities performed pursuant to
contracts for services. The inventory
will be published to the ASN (RDA)
Web site at the following location:
https://acquisition.navy.mil/
NDAAsection807.
DATES: Inventory is to be made
publically available not later than 30
days after August 4, 2009—the date
which the DON inventory report was
submitted to Congress.
ADDRESSES: Send written comments and
suggestions concerning the inventory to
the Deputy Assistant Secretary of the
Navy for Acquisition and Logistics
Management, 1000 Navy Pentagon,
Suite BF–992, Washington DC 20350–
1000.
FOR FURTHER INFORMATION CONTACT: Mr.
Roger Yee, Strategic Sourcing, (703)
E:\FR\FM\08SEN1.SGM
08SEN1
]]>Agencies
[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Notices]
[Pages 46115-46116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21545]
=======================================================================
-----------------------------------------------------------------------
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 2009 schedule of fees.
-----------------------------------------------------------------------
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 2009 is based upon
an average of actual program costs incurred during FY 2006, 2007, and
2008, as explained below. The FY 2009 fee schedule is set forth in the
SUPPLEMENTARY INFORMATION. Electronic payment of fees is required.
DATES: Effective Dates: The FY 2009 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 November 9, 2009.
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.
---------------------------------------------------------------------------
\1\ NFA is the only registered futures association.
---------------------------------------------------------------------------
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..................................... $77,371
Chicago Mercantile Exchange................................ 121,071
New York Mercantile Exchange............................... 197,535
Kansas City Board of Trade................................. 10,127
ICE Futures U.S............................................ 32,683
Minneapolis Grain Exchange................................. 62,449
HedgeStreet................................................ 14,375
Chicago Climate Futures Exchange........................... 12,259
U.S. Futures Exchange...................................... 18,601
OneChicago................................................. 1,157
National Futures Association............................... 179,641
------------
Total.................................................. 727,270
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 2006, 140 percent for fiscal year 2007, and 144 percent for fiscal
year 2008.
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 =
[[Page 46116]]
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:
------------------------------------------------------------------------
2009 Fee
3-year 3-year % of (lesser of
average volume actual or
actual (percent) calculated
costs fee)
------------------------------------------------------------------------
Chicago Board of Trade........... $77,371 31.0879 $77,371
Chicago Mercantile Exchange...... 121,071 55.2977 121,071
New York Mercantile Exchange..... 306,092 11.2605 197,535
Kansas City Board of Trade....... 18,998 0.1591 10,127
ICE Futures U.S.................. 50,712 1.8545 32,683
Minneapolis Grain Exchange....... 124,466 0.0548 62,449
North American Derivatives 28,685 0.0082 14,375
Exchange........................
Chicago Climate Futures Exchange. 24,457 0.0076 12,259
U.S. Futures Exchange............ 37,173 0.0038 18,601
OneChicago....................... 1,157 0.2367 1,157
Subtotal......................... 790,181 ........... 547,628
National Futures Association..... 179,641 ........... 179,641
--------------------------------------
Total........................ 969,822 ........... 727,270
------------------------------------------------------------------------
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 $124,466.
b. The alternative computation is:
(.5) ($124,466) + (.5) (.000548) ($790,181) = $62,449
c. The fee is the lesser of a or b; in this case $62,449.
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 2007 through 2009 was $179,641 (one-third of $538,923). The fee
to be paid by the NFA for the current fiscal year is $179,641.
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 aclark@cftc.gov, or see the CFTC Web
site at https://www.cftc.gov, specifically, https://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 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 September 1, 2009, by the
Commission.
David Stawick,
Secretary of the Commission.
[FR Doc. E9-21545 Filed 9-4-09; 8:45 am]
BILLING CODE P
