Legal Status
Legal Status
Notice
Order Making Fiscal Year 2010 Annual Adjustments to the Fee Rates Applicable Under Section 6(b) of the Securities Act of 1933 and Sections 13(e), 14(g), 31(b), and 31(c) of the Securities Exchange Act of 1934
A Notice by the Securities and Exchange Commission on
Document Details
Information about this document as published in the Federal Register.
 Printed version:
 Publication Date:
 05/06/2009
 Agency:
 Securities and Exchange Commission
 Document Type:
 Notice
 Document Citation:
 74 FR 21018
 Page:
 2101821031 (14 pages)
 Agency/Docket Numbers:
 Release Nos. 339030
 3459850/April 30, 2009
 Document Number:
 E910401
Document Details

Enhanced Content  Table of Contents
This tables of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents. This repetition of headings to form internal navigation links has no substantive legal effect.
 I. Background
 II. Fiscal Year 2010 Annual Adjustment to the Fee Rates Applicable Under Section 6(b) of the Securities Act and Sections 13(e) and 14(g) of the Exchange Act
 III. Fiscal Year 2010 Annual Adjustment to the Fee Rates Applicable Under Sections 31(b) and (c) of the Exchange Act
 IV. Effective Dates of the Annual Adjustments
 V. Conclusion
 Appendix A
 A. Baseline Estimate of the Aggregate Maximum Offering Prices for Fiscal Year 2010
 B. Using the Forecasts From A To Calculate the New Fee Rate
 Appendix B
 A. Baseline Estimate of the Aggregate Dollar Amount of Sales for Fiscal Year 2010
 B. Using the Forecasts From A To Calculate the New Fee Rate
 Footnotes
Enhanced Content  Table of Contents

Enhanced Content  Submit Public Comment
 This feature is not available for this document.
Enhanced Content  Submit Public Comment

Enhanced Content  Read Public Comments
 This feature is not available for this document.
Enhanced Content  Read Public Comments

Enhanced Content  Sharing
 Shorter Document URL
 https://www.federalregister.gov/d/E910401 https://www.federalregister.gov/d/E910401
Enhanced Content  Sharing

Enhanced Content  Document Tools
These tools are designed to help you understand the official document better and aid in comparing the online edition to the print edition.

These markup elements allow the user to see how the document follows the Document Drafting Handbook that agencies use to create their documents. These can be useful for better understanding how a document is structured but are not part of the published document itself.
Display NonPrinted Markup Elements
Enhanced Content  Document Tools


Enhanced Content  Developer Tools
This document is available in the following developer friendly formats:
 JSON: Normalized attributes and metadata
 XML: Original full text XML
 MODS: Government Publishing Office metadata
More information and documentation can be found in our developer tools pages.
Enhanced Content  Developer Tools
Published Document
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
I. Background
The Commission collects fees under various provisions of the securities laws. Section 6(b) of the Securities Act of 1933 (“Securities Act”) requires the Commission to collect fees from issuers on the registration of securities.^{[1] } Section 13(e) of the Securities Exchange Act of 1934 (“Exchange Act”) requires the Commission to collect fees on specified repurchases of securities.^{[2] } Section 14(g) of the Exchange Act requires the Commission to collect fees on proxy solicitations and statements in corporate control transactions.^{[3] } Finally, Sections 31(b) and (c) of the Exchange Act require national securities exchanges and national securities associations, respectively, to pay fees to the Commission on transactions in specified securities.^{[4] }
The Investor and Capital Markets Fee Relief Act (“Fee Relief Act”) ^{[5] } amended Section 6(b) of the Securities Act and Sections 13(e), 14(g), and 31 of the Exchange Act to require the Commission to make annual adjustments to the fee rates applicable under these sections for each of the fiscal years 2003 through 2011, and one final adjustment to fix the fee rates under these sections for fiscal year 2012 and beyond.^{[6] }
II. Fiscal Year 2010 Annual Adjustment to the Fee Rates Applicable Under Section 6(b) of the Securities Act and Sections 13(e) and 14(g) of the Exchange Act
Section 6(b)(5) of the Securities Act requires the Commission to make an annual adjustment to the fee rate applicable under Section 6(b) of the Securities Act in each of the fiscal years 2003 through 2011.^{[7] } In those same fiscal years, Sections 13(e)(5) and 14(g)(5) of the Exchange Act require the Commission to adjust the fee rates under Sections 13(e) and 14(g) to a rate that is equal to the rate that is applicable under Section 6(b). In other words, the annual adjustment to the fee rate under Section 6(b) of the Securities Act also sets the annual adjustment to the fee rates under Sections 13(e) and 14(g) of the Exchange Act.
Section 6(b)(5) sets forth the method for determining the annual adjustment to the fee rate under Section 6(b) for fiscal year 2010. Specifically, the Commission must adjust the fee rate under Section 6(b) to a “rate that, when applied to the baseline estimate of the aggregate maximum offering prices for [fiscal year 2010], is reasonably likely to produce aggregate fee collections under [Section 6(b)] that are equal to the target offsetting collection amount for [fiscal year 2010].” That is, the adjusted rate is determined by dividing the “target offsetting collection amount” for fiscal year 2010 by the “baseline estimate of the aggregate maximum offering prices” for fiscal year 2010.
Section 6(b)(11)(A) specifies that the “target offsetting collection amount” for fiscal year 2010 is $334,000,000. Section 6(b)(11)(B) defines the “baseline estimate of the aggregate maximum offering price” for fiscal year 2010 as “the baseline estimate of the aggregate maximum offering price at which securities are proposed to be offered pursuant to registration statements filed with the Commission during [fiscal year 2010] as determined by the Commission, after consultation with the Congressional Budget Office and the Office of Management and Budget. * * * ”
To make the baseline estimate of the aggregate maximum offering price for fiscal year 2010, the Commission is using the same methodology it developed in consultation with the Congressional Budget Office (“CBO”) and Office of Management and Budget (“OMB”) to project aggregate offering price for purposes of the fiscal year 2009 annual adjustment. Using this methodology, the Commission determines the “baseline estimate of the aggregate maximum offering price” for fiscal year 2010 to be $4,683,504,368,794.^{[8] } Based on this estimate, the Commission calculates the fee rate for fiscal 2010 to be $71.30 per million. This adjusted fee rate applies to Section 6(b) of the Securities Act, as well as to Sections 13(e) and 14(g) of the Exchange Act.
Start Printed Page 21019III. Fiscal Year 2010 Annual Adjustment to the Fee Rates Applicable Under Sections 31(b) and (c) of the Exchange Act
Section 31(b) of the Exchange Act requires each national securities exchange to pay the Commission a fee at a rate, as adjusted by our order pursuant to Section 31(j)(2),^{[9] } which currently is $25.70 per million of the aggregate dollar amount of sales of specified securities transacted on the exchange. Similarly, Section 31(c) requires each national securities association to pay the Commission a fee at the same adjusted rate on the aggregate dollar amount of sales of specified securities transacted by or through any member of the association otherwise than on an exchange. Section 31(j)(1) requires the Commission to make annual adjustments to the fee rates applicable under Sections 31(b) and (c) for each of the fiscal years 2003 through 2011.^{[10] }
Section 31(j)(1) specifies the method for determining the annual adjustment for fiscal year 2010. Specifically, the Commission must adjust the rates under Sections 31(b) and (c) to a “uniform adjusted rate that, when applied to the baseline estimate of the aggregate dollar amount of sales for [fiscal year 2010], is reasonably likely to produce aggregate fee collections under [Section 31] (including assessments collected under [Section 31(d)]) that are equal to the target offsetting collection amount for [fiscal year 2010].”
Section 31(l)(1) specifies that the “target offsetting collection amount” for fiscal year 2010 is $1,161,000,000. Section 31(l)(2) defines the “baseline estimate of the aggregate dollar amount of sales” as “the baseline estimate of the aggregate dollar amount of sales of securities * * * to be transacted on each national securities exchange and by or through any member of each national securities association (otherwise than on a national securities exchange) during [fiscal year 2010] as determined by the Commission, after consultation with the Congressional Budget Office and the Office of Management and Budget. * * * ”
To make the baseline estimate of the aggregate dollar amount of sales for fiscal year 2010, the Commission is using the same methodology it developed in consultation with the CBO and OMB to project dollar volume for purposes of prior fee adjustments.^{[11] } Using this methodology, the Commission calculates the baseline estimate of the aggregate dollar amount of sales for fiscal year 2010 to be $84,822,877,437,603. Based on this estimate, and an estimated collection of $9,966 in assessments on security futures transactions under Section 31(d) in fiscal year 2010, the uniform adjusted rate for fiscal year 2010 is $12.70 per million.^{[12] }
IV. Effective Dates of the Annual Adjustments
Section 6(b)(8)(A) of the Securities Act provides that the fiscal year 2010 annual adjustment to the fee rate applicable under Section 6(b) of the Securities Act shall take effect on the later of October 1, 2009, or five days after the date on which a regular appropriation to the Commission for fiscal year 2010 is enacted.^{[13] } Sections 13(e)(8)(A) and 14(g)(8)(A) of the Exchange Act provide for the same effective date for the annual adjustments to the fee rates applicable under Sections 13(e) and 14(g) of the Exchange Act.^{[14] }
Section 31(j)(4)(A) of the Exchange Act provides that the fiscal year 2010 annual adjustments to the fee rates applicable under Sections 31(b) and (c) of the Exchange Act shall take effect on the later of October 1, 2009, or 30 days after the date on which a regular appropriation to the Commission for fiscal year 2010 is enacted.
V. Conclusion
Accordingly, pursuant to Section 6(b) of the Securities Act and Sections 13(e), 14(g), and 31 of the Exchange Act,^{[15] }
It is hereby ordered that the fee rates applicable under Section 6(b) of the Securities Act and Sections 13(e) and 14(g) of the Exchange Act shall be $71.30 per million effective on the later of October 1, 2009, or five days after the date on which a regular appropriation to the Commission for fiscal year 2010 is enacted; and
It is further ordered that the fee rates applicable under Sections 31(b) and (c) of the Exchange Act shall be $12.70 per million effective on the later of October 1, 2009, or 30 days after the date on which a regular appropriation to the Commission for fiscal year 2010 is enacted.
Start SignatureBy the Commission.
Elizabeth M. Murphy,
Secretary.
Appendix A
With the passage of the Investor and Capital Markets Relief Act, Congress has, among other things, established a target amount of monies to be collected from fees charged to issuers based on the value of their registrations. This appendix provides the formula for determining such fees, which the Commission adjusts annually. Congress has mandated that the Commission determine these fees based on the “aggregate maximum offering prices,” which measures the aggregate dollar amount of securities registered with the Commission over the course of the year. In order to maximize the likelihood that the amount of monies targeted by Congress will be collected, the fee rate must be set to reflect projected aggregate maximum offering prices. As a percentage, the fee rate equals the ratio of the target amounts of monies to the projected aggregate maximum offering prices.
For 2010, the Commission has estimated the aggregate maximum offering prices by projecting forward the trend established in the previous decade. More specifically, an ARIMA model was used to forecast the value of the aggregate maximum offering prices for months subsequent to March 2009, the last month for which the Commission has data on the aggregate maximum offering prices.
The following sections describe this process in detail.
A. Baseline Estimate of the Aggregate Maximum Offering Prices for Fiscal Year 2010
First, calculate the aggregate maximum offering prices (AMOP) for each month in the sample (March 1999March 2009). Next, calculate the percentage change in the AMOP from month to month.
Model the monthly percentage change in AMOP as a first order moving average Start Printed Page 21020process. The moving average approach allows one to model the effect that an exceptionally high (or low) observation of AMOP tends to be followed by a more “typical” value of AMOP.
Use the estimated moving average model to forecast the monthly percent change in AMOP. These percent changes can then be applied to obtain forecasts of the total dollar value of registrations. The following is a more formal (mathematical) description of the procedure:
1. Begin with the monthly data for AMOP. The sample spans ten years, from March 1999 to March 2009.
2. Divide each month's AMOP (column C) by the number of trading days in that month (column B) to obtain the average daily AMOP (AAMOP, column D).
3. For each month t, the natural logarithm of AAMOP is reported in column E.
4. Calculate the change in log(AAMOP) from the previous month as Δ_{t} = log(AAMOP_{t}) − log(AAMOP_{t−1}). This approximates the percentage change.
5. Estimate the first order moving average model Δ_{t} = α + βe_{t−1} + e_{t}, where e_{t} denotes the forecast error for month t. The forecast error is simply the difference between the onemonth ahead forecast and the actual realization of Δ_{t}. The forecast error is expressed as e_{t} = Δ_{t} − α − βe_{t−1}. The model can be estimated using standard commercially available software such as SAS or Eviews. Using least squares, the estimated parameter values are α = 0.0003187 and β = −0.88747.
6. For the month of April 2009 forecast Δ_{t=4/09} = α + βe_{t=3/09}. For all subsequent months, forecast Δ_{t} = α.
7. Calculate forecasts of log(AAMOP). For example, the forecast of log(AAMOP) for June 2009 is given by FLAAMOP_{t=6/09} = log(AAMOP_{t=3/09}) + Δ_{t=4/09} + Δ_{t=5/09} + Δ_{t=6/09}.
8. Under the assumption that e_{t} is normally distributed, the nstep ahead forecast of AAMOP is given by exp(FLAAMOP_{t} + σ_{n}^{2}/2), where σ_{n} denotes the standard error of the nstep ahead forecast.
9. For June 2009, this gives a forecast AAMOP of $18.4 Billion (Column I), and a forecast AMOP of $404.4 Billion (Column J).
10. Iterate this process through September 2010 to obtain a baseline estimate of the aggregate maximum offering prices for fiscal year 2010 of $4,683,504,368,794.
B. Using the Forecasts From A To Calculate the New Fee Rate
1. Using the data from Table A, estimate the aggregate maximum offering prices between 10/1/09 and 9/30/10 to be $4,683,504,368,794.
2. The rate necessary to collect the target $334,000,000 in fee revenues set by Congress is then calculated as: $334,000,000 ÷ $4,683,504,368,794 = 0.00007131.
3. Round the result to the seventh decimal point, yielding a rate of .0000713 (or $71.30 per million).
Start Printed Page 21021 Start Printed Page 21022 Start Printed Page 21023 Start Printed Page 21024 Start Printed Page 21025 Start Printed Page 21026Appendix B
With the passage of the Investor and Capital Markets Relief Act, Congress has, among other things, established a target amount of monies to be collected from fees charged to investors based on the value of their transactions. This appendix provides the formula for determining such fees, which the Commission adjusts annually, and may adjust semiannually.^{[16] } In order to maximize the likelihood that the amount of monies targeted by Congress will be collected, the fee rate must be set to reflect projected dollar transaction volume on the securities exchanges and certain overthecounter markets over the course of the year. As a percentage, the fee rate equals the ratio of the target amounts of monies to the projected dollar transaction volume.
For 2010, the Commission has estimated dollar transaction volume by projecting forward the trend established in the previous decade. More specifically, dollar transaction volume was forecasted for months subsequent to March 2009, the last month for which the Commission has data on transaction volume.
The following sections describe this process in detail.
A. Baseline Estimate of the Aggregate Dollar Amount of Sales for Fiscal Year 2010
First, calculate the average daily dollar amount of sales (ADS) for each month in the sample (March 1999March 2009). The monthly aggregate dollar amount of sales (exchange plus certain overthecounter markets) is presented in column C of Table B.
Next, calculate the change in the natural logarithm of ADS from month to month. The average monthly percentage growth of ADS over the entire sample is 0.010 and the standard deviation is 0.130. Assuming the monthly percentage change in ADS follows a random walk, calculating the expected monthly percentage growth rate for the full sample is straightforward. The expected monthly percentage growth rate of ADS is 1.8%.
Now, use the expected monthly percentage growth rate to forecast total dollar volume. For example, one can use the ADS for March 2009 ($267,521,624,488) to forecast ADS for April 2009 ($272,427,017,936 = $267,521,624,488 × 1.018).^{[17] } Multiply by the number of trading days in April 2009 (21) to obtain a forecast of the total dollar volume for the month ($5,720,967,376,649). Repeat the method to generate forecasts for subsequent months.
The forecasts for total dollar volume are in column G of Table B. The following is a more formal (mathematical) description of the procedure:
1. Divide each month's total dollar volume (column C) by the number of trading days in that month (column B) to obtain the average daily dollar volume (ADS, column D).
2. For each month t, calculate the change in ADS from the previous month as Δ_{t} = log (ADS_{t}/ADS_{t−1}), where log (x) denotes the natural logarithm of x.
3. Calculate the mean and standard deviation of the series {Δ_{1}, Δ_{2}, ... , Δ_{120}}. These are given by μ = 0.010 and σ = 0.130, respectively.Start Printed Page 21027
4. Assume that the natural logarithm of ADS follows a random walk, so that Δ_{s} and Δ_{t} are statistically independent for any two months s and t.
5. Under the assumption that Δ_{t} is normally distributed, the expected value of ADS_{t}/ADS_{t−1} is given by exp (μ + σ^{2}/2), or on average ADS_{t} = 1.018 × ADS_{t−1}.
6. For April 2009, this gives a forecast ADS of 1.018 × $267,521,624,488 = $272,427,017,936. Multiply this figure by the 21 trading days in April 2009 to obtain a total dollar volume forecast of $5,720,967,376,649.
7. For May 2009, multiply the April 2009 ADS forecast by 1.018 to obtain a forecast ADS of $277,422,358,822. Multiply this figure by the 20 trading days in May 2009 to obtain a total dollar volume forecast of $5,548,447,176,435.
8. Repeat this procedure for subsequent months.
B. Using the Forecasts From A To Calculate the New Fee Rate
1. Use Table B to estimate fees collected for the period 10/1/09 through 10/31/09. The projected aggregate dollar amount of sales for this period is $6,683,755,563,790. Projected fee collections at the current fee rate of 0.0000257 are $171,772,518.
2. Estimate the amount of assessments on securities futures products collected during 10/1/09 and 9/30/10 to be $9,966 by projecting a 1.8% monthly increase from a base of $663 in March 2009.
3. Subtract the amounts $171,772,518 and $9,966 from the target offsetting collection amount set by Congress of $1,161,000,000 leaving $989,217,516 to be collected on dollar volume for the period 11/1/09 through 9/30/10.
4. Use Table B to estimate dollar volume for the period 11/1/09 through 9/30/10. The estimate is $78,139,121,873,813. Finally, compute the fee rate required to produce the additional $989,217,516 in revenue. This rate is $989,217,516 divided by $78,139,121,873,813 or 0.0000126597.
5. Round the result to the seventh decimal point, yielding a rate of .0000127 (or $12.70 per million).
Start Printed Page 21028 Start Printed Page 21029 Start Printed Page 21030 Start Printed Page 21031 End PreambleFootnotes
1. 15 U.S.C. 77f(b).
Back to Citation2. 15 U.S.C. 78m(e).
Back to Citation3. 15 U.S.C. 78n(g).
Back to Citation4. 15 U.S.C. 78ee(b) and (c). In addition, Section 31(d) of the Exchange Act requires the Commission to collect assessments from national securities exchanges and national securities associations for round turn transactions on security futures. 15 U.S.C. 78ee(d).
Back to Citation5. Public Law No. 107123, 115 Stat. 2390 (2002).
Back to Citation6. See 15 U.S.C. 77f(b)(5), 77f(b)(6), 78m(e)(5), 78m(e)(6), 78n(g)(5), 78n(g)(6), 78ee(j)(1), and 78ee(j)(3). Section 31(j)(2) of the Exchange Act, 15 U.S.C. 78ee(j)(2), also requires the Commission, in specified circumstances, to make a midyear adjustment to the fee rates under Sections 31(b) and (c) of the Exchange Act in fiscal years 2002 through 2011.
Back to Citation7. The annual adjustments are designed to adjust the fee rate in a given fiscal year so that, when applied to the aggregate maximum offering price at which securities are proposed to be offered for the fiscal year, it is reasonably likely to produce total fee collections under Section 6(b) equal to the “target offsetting collection amount” specified in Section 6(b)(11)(A) for that fiscal year.
Back to Citation8. Appendix A explains how we determined the “baseline estimate of the aggregate maximum offering price” for fiscal year 2010 using our methodology, and then shows the purely arithmetical process of calculating the fiscal year 2010 annual adjustment based on that estimate. The appendix includes the data used by the Commission in making its “baseline estimate of the aggregate maximum offering price” for fiscal year 2010.
Back to Citation9. Order Making Fiscal 2009 MidYear Adjustment to the Fee Rates Applicable Under Sections 31(b) and (c) of the Securities Exchange Act of 1934, Rel. No. 3459477 (February 27, 2009), 74 FR 9644 (March 5, 2009).
Back to Citation10. The annual adjustments, as well as the midyear adjustments required in specified circumstances under Section 31(j)(2) in fiscal years 2002 through 2011, are designed to adjust the fee rates in a given fiscal year so that, when applied to the aggregate dollar volume of sales for the fiscal year, they are reasonably likely to produce total fee collections under Section 31 equal to the “target offsetting collection amount” specified in Section 31(l)(1) for that fiscal year.
Back to Citation11. Appendix B explains how we determined the “baseline estimate of the aggregate dollar amount of sales” for fiscal year 2010 using our methodology, and then shows the purely arithmetical process of calculating the fiscal year 2010 annual adjustment based on that estimate. The appendix also includes the data used by the Commission in making its “baseline estimate of the aggregate dollar amount of sales” for fiscal year 2010.
Back to Citation12. The calculation of the adjusted fee rate assumes that the current fee rate of $25.70 per million will apply through October 31, 2009, due to the operation of the effective date provision contained in Section 31(j)(4)(A) of the Exchange Act.
Back to Citation13. 15 U.S.C. 77f(b)(8)(A).
Back to Citation14. 15 U.S.C. 78m(e)(8)(A) and 78n(g)(8)(A).
Back to Citation15. 15 U.S.C. 77f(b), 78m(e), 78n(g), and 78ee(j).
Back to Citation16. Congress requires that the Commission make a midyear adjustment to the fee rate if four months into the fiscal year it determines that its forecasts of aggregate dollar volume are reasonably likely to be off by 10% or more.
Back to Citation17. The value 1.018 has been rounded. All computations are done with the unrounded value.
Back to CitationBILLING CODE 801001P
BILLING CODE 801001C
BILLING CODE 801001P
[FR Doc. E910401 Filed 5509; 8:45 am]
BILLING CODE 801001C