2023-10-30 | 2023-23821

Fees for Reviews of the Rule Enforcement Programs of Designated Contract Markets and Registered Futures Associations

The Commodity Futures Trading Commission issued a notification of the 2022 schedule of fees to recover costs associated with its oversight of self-regulatory organization rule enforcement programs. The Commission charges designated contract markets and the National Futures Association based on a formula that considers three-year average actual costs and trading volume, with payments due by December 29, 2023. The total assessed fees for the fiscal year amount to $1,260,180, with the National Futures Association responsible for $610,524 and designated contract markets collectively responsible for the remainder.

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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 74025 Since this action only corrects the mention of an affected part number, it has no adverse economic impact and imposes no additional burden on any person. Therefore, the FAA has determined that notice and public comment procedures are unnecessary. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES ■ 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Corrected] ■ 2. The FAA amends § 39.13 by adding the following airworthiness directive: 2023–20–11 International Aero Engines, LLC: Amendment 39–22570; Docket No. FAA–2023–1996; Project Identifier AD– 2022–01361–E. (a) Effective Date This airworthiness directive (AD) is effective November 1, 2023. (b) Affected ADs None. (c) Applicability This AD applies to International Aero Engines, LLC Model PW1124G1–JM, PW1127G–JM, PW1127GA–JM, PW1129G– JM, PW1130G–JM, PW1133G–JM, and PW1133GA–JM engines with an installed high-pressure compressor (HPC) rear hub, part number 30G4008 or 30G8208, with a serial number (S/N) listed in Table 2 or Table 3 of Pratt & Whitney Service Bulletin PW1000G–C–72–00–0209–00A–930A–D, Issue No: 002, dated June 20, 2023 (PW1000G–C–72–00–0209–00A–930A–D, Issue No: 002). (d) Subject Joint Aircraft System Component (JASC) Code 7230, Turbine Engine Compressor Section. (e) Unsafe Condition This AD was prompted by a manufacturer investigation which revealed that Maintenance, Repair, and Overhaul shops were misinterpreting accepted knife edge coating wear limits. The FAA is issuing this AD to prevent heat-induced cracking at the forward and aft knife edge seals and uncontained separation of the HPC rear hub. The unsafe condition, if not addressed, could result in uncontained debris release, damage to the engine, damage to the airplane, in￾flight shutdown, and loss of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions At the next engine shop visit after the effective date of this AD, replace the HPC rear hub with a part eligible for installation. (h) Definitions (1) For the purpose of this AD, a ‘‘part eligible for installation’’ is: (i) Any HPC rear hub with an S/N that does not appear in Table 2 or Table 3 of PW1000G–C–72–00–0209–00A–930A–D, Issue No: 002; or (ii) Any HPC rear hub that has been serviced in accordance with Pratt & Whitney Service Bulletin PW1000G–C–72–00–0209– 00A–930A–D (any revision). (2) For the purpose of this AD, an ‘‘engine shop visit’’ is the induction of an engine into the shop for maintenance involving the separation of major mating engine flange H. The separation of engine flanges solely for the purpose of transportation without subsequent engine maintenance does not constitute an engine shop visit. (i) Credit for Previous Actions You may take credit for the actions required by paragraph (g) of this AD if you performed those actions before the effective date of this AD using Pratt & Whitney Service Bulletin PW1000G–C–72–00–0209–00A– 930A–D, Issue No: 001, dated September 13, 2022. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR–520 Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the AIR–520 Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (k) of this AD and email to: ANE￾AD-AMOC@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (k) Related Information For more information about this AD, contact Mark Taylor, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238–7229; email: mark.taylor@faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Pratt & Whitney Service Bulletin PW1000G–C–72–00–0209–00A–930A–D, Issue No: 002, dated June 20, 2023. (ii) [Reserved] (3) For Pratt & Whitney service information identified in this AD, contact International Aero Engines LLC, 400 Main Street, East Hartford, CT 06118; phone: (860) 565–0140; email: help24@prattwhitney.com; website: connect.prattwhitney.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email: fr.inspection@ nara.gov. Issued on October 25, 2023. Caitlin Locke, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–23929 Filed 10–26–23; 11:15 am] BILLING CODE 4910–13–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 1 Fees for Reviews of the Rule Enforcement Programs of Designated Contract Markets and Registered Futures Associations AGENCY: Commodity Futures Trading Commission. ACTION: Notification of 2022 schedule of fees. SUMMARY: The Commodity Futures Trading Commission (‘‘CFTC’’ or ‘‘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 rule enforcement programs, specifically the National Futures Association (‘‘NFA’’), a registered futures association, and the designated contract markets. Fees collected from each self-regulatory organization are deposited in the Treasury of the United States as miscellaneous receipts. The calculation of the fee amounts charged for 2022 by this document is based upon an average of actual program costs incurred during fiscal year (‘‘FY’’) 2019, FY 2020, and FY 2021. DATES: Each self-regulatory organization is required to electronically remit the VerDate Sep<11>2014 15:45 Oct 27, 2023 Jkt 262001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 khammond on DSKJM1Z7X2PROD with RULES

74026 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 1The National Futures Association is the only registered futures association. 2See 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. 3 58 FR 42643, Aug. 11, 1993, and 17 CFR part 1, app. B. applicable fee on or before December 29, 2023. FOR FURTHER INFORMATION CONTACT: Joel Mattingley, Chief Financial Officer, Commodity Futures Trading Commission; (202) 418–5310, jmattingley@cftc.gov. For information on electronic payments, contact accounting@cftc.gov. SUPPLEMENTARY INFORMATION: I. Background Information A. General This document relates to fees for the Commission’s review of the rule enforcement programs at the registered futures associations 1 and designated contract markets (‘‘DCM’’), each of which is a self-regulatory organization (‘‘SRO’’) regulated by the Commission. The Commission recalculates the fees charged each year to cover the costs of operating this Commission program.2 The fees are set annually based on direct program costs, plus an overhead factor. The Commission calculates actual costs, then calculates an alternate fee taking volume into account, and then charges the lower of the two.3 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 generally consist 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): 174 percent for FY 2019, 158 percent for FY 2020, and 173 percent for FY 2021. C. Conduct of SRO Rule Enforcement Reviews Under the formula adopted by the Commission in 1993, 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. As noted above, 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. Since NFA has no contracts traded, its fee is based simply on costs for the most recent three fiscal years. This table summarizes the data used in the calculations of the resulting fee for each entity: Actual total costs 3-Year average actual costs 3-Year total volume % Adjusted volume costs 2022 Assessed fee FY 2019 FY 2020 FY 2021 CX Futures Exchange, L.P ............................ $0 $22,702 $0 $7,567 0.030 $3,901 $3,901 CBOE Futures Ex￾change, LLC ............. 40,517 23,325 13,418 25,753 1.119 17,217 17,217 Chicago Board of Trade 22,835 56,041 47,253 42,043 33.578 151,253 42,043 Chicago Mercantile Ex￾change, Inc ............... 383,995 260,723 433,468 359,395 43.862 349,812 349,812 Eris Exchange, LLC ..... 0.001 3 0 ICE Futures U.S., LLC 73,464 193,300 166,180 144,315 6.577 97,666 97,666 Intercontinental Ex￾change, Inc ............... 0.000 Minneapolis Grain Ex￾change, LLC ............. 39,525 0 28,780 22,768 0.053 11,590 11,590 Nasdaq OMX Futures Exchange, Inc ........... 1,741 0 0 580 0.099 675 580 Nodal Exchange, LLC .. 2,312 0 0 771 0.099 770 770 North American Deriva￾tives Exchange, Inc .. 135,159 2,598 15,849 51,202 0.204 26,392 26,392 OneChicago, LLC Fu￾tures Exchange ........ 0.077 298 0 VerDate Sep<11>2014 15:45 Oct 27, 2023 Jkt 262001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 khammond on DSKJM1Z7X2PROD with RULES

Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 74027 Actual total costs 3-Year average actual costs 3-Year total volume % Adjusted volume costs 2022 Assessed fee FY 2019 FY 2020 FY 2021 New York Mercantile Exchange/Commodity Exchange, Inc ........... 45,425 99,311 88,701 77,812 14.238 94,126 77,812 LedgerX1 ..................... 0 0 130,428 43,476 0.035 21,872 21,872 Kalshiex, LLC ............... 0.024 94 0 Coinbase ...................... 0.001 3 0 Small Exchange, LLC .. 0.003 12 0 Subtotal ................. 744,973 658,001 924,078 775,684 100.00 775,684 649,656 National Futures Asso￾ciation ....................... 540,821 567,719 723,031 610,524 ........................ ........................ 610,524 Total ...................... 1,285,794 1,225,720 1,647,109 1,386,208 100.00 775,684 1,260,180 Columns may not add due to rounding. 1 LedgerX formerly known as FTX US Derivatives. 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 = $42,043 b. The alternative computation is: [(.5) ($42,043)] + (.5) [(.3357849) ($775,684)] = $151,253 c. The fee is the lesser of a or b; in this case $42,043 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 reviews of the NFA rule enforcement program during fiscal years 2019 through 2021 was $610,524. The fee to be paid by the NFA for the current fiscal year is $610,524. 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: 3-Year average actual costs 3-Year total volume % Adjusted volume costs 2022 Assessed fee CX Futures Exchange, L.P .............................................................................. $7,567 0.030 $3,901 $3,901 CBOE Futures Exchange, LLC ....................................................................... 25,753 1.119 17,217 17,217 Chicago Board of Trade .................................................................................. 42,043 33.578 151,253 42,043 Chicago Mercantile Exchange, Inc .................................................................. 359,395 43.862 349,812 349,812 Eris Exchange, LLC ......................................................................................... 0 0.001 3 0 ICE Futures U.S., LLC ..................................................................................... 144,315 6.577 97,666 97,666 Intercontinental Exchange, Inc ........................................................................ 0 0.000 Minneapolis Grain Exchange, LLC .................................................................. 22,768 0.053 11,590 11,590 Nasdaq OMX Futures Exchange, Inc .............................................................. 580 0.099 675 580 Nodal Exchange, LLC ...................................................................................... 771 0.099 770 770 North American Derivatives Exchange, Inc ..................................................... 51,202 0.204 26,392 26,392 OneChicago, LLC Futures Exchange .............................................................. 0 0.077 298 0 New York Mercantile Exchange/Commodity Exchange, Inc ........................... 77,812 14.238 94,126 77,812 LedgerX1 ......................................................................................................... 43,476 0.035 21,872 21,872 Kalshiex, LLC ................................................................................................... 0 0.024 94 0 Coinbase .......................................................................................................... 0 0.001 3 0 Small Exchange, LLC ...................................................................................... 0 0.003 12 0 Subtotal ..................................................................................................... 775,684 100.00 775,684 649,656 National Futures Association ........................................................................... 610,524 ........................ ........................ 610,524 Total .......................................................................................................... 1,386,208 100.00 775,684 1,260,180 Columns may not add due to rounding. 1 LedgerX formerly known as FTX US Derivatives. 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 must be made by electronic funds transfer. Fees collected from each SRO 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 24th day of October, 2023, by the Commission. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2023–23821 Filed 10–27–23; 8:45 am] BILLING CODE 6351–01–P VerDate Sep<11>2014 15:45 Oct 27, 2023 Jkt 262001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 khammond on DSKJM1Z7X2PROD with RULES