-
Start Preamble
I. Background
Section 31 of the Securities Exchange Act of 1934 (“Exchange Act”) requires each national securities exchange and national securities association to pay transaction fees to the Commission.[1] Specifically, Section 31(b) requires each national securities exchange to pay to the Commission fees based on the aggregate dollar amount of sales of certain securities (“covered sales”) transacted on the exchange.[2] Section 31(c) requires each national securities association to pay to the Commission fees based on the aggregate dollar amount of covered sales transacted by or through any member of the association other than on an exchange.[3]
Section 31 of the Exchange Act requires the Commission to annually adjust the fee rates applicable under Sections 31(b) and (c) to a uniform adjusted rate.[4] Specifically, the Commission must adjust the fee rates to a uniform adjusted rate that is reasonably likely to produce aggregate fee collections (including assessments on security futures transactions) equal to the regular appropriation to the Commission for the applicable fiscal year.[5]
The Commission is required to publish notice of the new fee rates under Section 31 not later than 30 days after the date on which an Act making a regular appropriation for the applicable fiscal year is enacted.[6] On December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021, which includes total appropriations of $1,926,162,000 to the SEC for fiscal year 2021.
II. Fiscal Year 2021 Annual Adjustment to the Fee Rate
The new fee rate is determined by (1) subtracting the sum of fees estimated to be collected prior to the effective date of the new fee rate [7] and estimated assessments on security futures transactions to be collected under Section 31(d) of the Exchange Act for all of fiscal year 2021 [8] from an amount equal to the regular appropriation to the Commission for fiscal year 2021, and (2) dividing by the estimated aggregate dollar amount of covered sales for the remainder of the fiscal year following the effective date of the new fee rate.[9]
As noted above, the Consolidated Appropriations Act, 2021, includes total appropriations of $1,926,162,000 to the Commission for fiscal year 2021.[10] The Start Printed Page 6695Commission estimates that it will collect $1,514,646,590 in fees for the period prior to the effective date of the new fee rate and $494 in assessments on round turn transactions in security futures products during all of fiscal year 2021. Using the methodology described in Appendix A, the Commission estimates that the aggregate dollar amount of covered sales for the remainder of fiscal year 2021 to be $81,081,356,203,186.
The uniform adjusted rate is computed by dividing the residual fees to be collected of $411,514,917 by the estimated aggregate dollar amount of covered sales for the remainder of fiscal year 2021 of $81,081,356,203,186; this results in a uniform adjusted rate for fiscal year 2021 of $5.10 per million.[11]
III. Effective Date of the Uniform Adjusted Rate
Under Section 31(j)(4)(A) of the Exchange Act, the fiscal year 2021 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, 2020, or 60 days after the date on which a regular appropriation to the Commission for fiscal year 2021 is enacted.[12] The regular appropriation to the Commission for fiscal year 2021 was enacted on December 27, 2020, and accordingly, the new fee rates applicable under Sections 31(b) and (c) of the Exchange Act will take effect on February 25, 2021.
IV. Conclusion
Accordingly, pursuant to Section 31 of the Exchange Act,
It is hereby ordered that the fee rates applicable under Sections 31(b) and (c) of the Exchange Act shall be $5.10 per $1,000,000 effective on February 25, 2021.
Start SignatureBy the Commission.
Jill M. Peterson,
Assistant Secretary.
Appendix A
This appendix provides the methodology for determining the annual adjustment to the fee rates applicable under Sections 31(b) and (c) of the Exchange Act for fiscal year 2021. Section 31 of the Exchange Act requires the fee rates to be adjusted so that it is reasonably likely that the Commission will collect aggregate fees equal to its regular appropriation for fiscal year 2021.
To make the adjustment, the Commission must project the aggregate dollar amount of covered sales of securities on the securities exchanges and certain over-the-counter (“OTC”) markets over the course of the year. The fee rate equals the ratio of the Commission's regular appropriation for fiscal year 2021 (less the sum of fees to be collected during fiscal year 2021 prior to the effective date of the new fee rate and aggregate assessments on security futures transactions during all of fiscal year 2021) to the estimated aggregate dollar amount of covered sales for the remainder of the fiscal year following the effective date of the new fee rate.
For 2021, the Commission has estimated the aggregate dollar amount of covered sales by projecting forward the trend established in the previous decade. More specifically, the dollar amount of covered sales was forecasted for months subsequent to November 2020, the last month for which the Commission has data on the dollar volume of covered sales.[13]
The following sections describe this process in detail.
A. Baseline Estimate of the Aggregate Dollar Amount of Covered Sales for Fiscal Year 2021
First, calculate the average daily dollar amount of covered sales (“ADS”) for each month in the sample (February 2010-November 2020). The monthly total dollar amount of covered sales (exchange plus certain OTC markets) is presented in column C of Table A.
The model forecasts the monthly moving average of the average daily dollar amount of covered sales. Each month's average daily dollar amount of covered sales is calculated by dividing the total covered sales for that month (column C of Table A) by the number of trading days for that month (column B of Table A). These amounts are shown in column D of Table A. The moving average will span the same number of months required to be forecast for the remainder of the fiscal year. The trailing moving average used in the forecast model is presented in column E of Table A.
To capture the recent trends in the monthly changes in the moving averages, calculate the 1-month and 2-month lags of the trailing moving average shown in column E in Table A. These amounts are shown in columns F and G, respectively, of Table A.
Next, model the monthly trailing moving average of ADS as function of a constant term and the two lagged trailing moving averages using the ordinary least squares technique.
Use the estimated model to forecast the trailing moving average of ADS of the first month after the last available monthly data. Estimate the trailing moving average of the second month using the forecasted value of the first month and the actual value of the month before that. Similarly, estimate the trailing moving average of the third month using the forecasted values of the two previous months. Continue in this fashion until the end of the fiscal year.
The estimate of the trailing moving average ADS for the last applicable month in the fiscal year is a prediction of the moving average for those months that need to be predicted. This estimate is used as the predicted value of ADS for each month in the forecast period; to obtain the forecast total covered sales for each month, multiply the predicted ADS by the number of days in each month.
The following is a more formal (mathematical) description of the procedure:
1. Begin with the monthly data for total dollar volume of covered sales (column C). The sample spans ten years, from February 2010-November 2020.[14] Divide each month's total dollar volume 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 9-month trailing moving average of ADS (shown in column E). For example, the value for October, 2011 is the average of the 9 months ending in October, 2011, or February 2011 through October 2011 inclusive.
3. Calculate the 1-month and 2-month lags of the trailing moving average. For example, the 1-month lag of the 9-month trailing moving average for October, 2011 is equal to the 9-month trailing moving average for September, 2011. The 2-month lag of the 9-month trailing moving average for October, 2011 is equal to the 9-month trailing moving average for August 2011. These are shown in columns F and G.
4. Estimate the model using ordinary least squares:
yt = α + β1yt-1 + β2yt-2 + ut
Where yt is the 9-month trailing moving average of the average daily sales for month t, and yt-1 and yt-2 are the 1-month and 2-month lags of yt, and ut representing the error term for month t. The model can be estimated using standard commercially available Start Printed Page 6696software. The estimated parameter values are a = −3,106,716,928, b1 = +1.574199, b2 = −0.560507. The root-mean squared error (RMSE) of the regression is 6,022,194,076.
5. The predicted value of the 9-month trailing moving average of the last month to be forecast represents the final forecast of covered sales for the entire prediction period. This value is shown in column H. This represents the prediction for August of 2021. To calculate this value from the model above, one needs the 1-month and 2-month lag of the 9-month trailing moving average ADS, i.e., the 9-month trailing moving average for June and July. The 9-month trailing moving average for July is obtained by using the 1-month and 2-month lags for July, that is, the 9-month trailing moving averages for June and May. To arrive at all the necessary inputs, one begins with the first month to be forecast, in this case, December 2020, and iterates predictions forward until the last month is predicted. One then multiplies the final predicted 9-month trailing moving average ADS by the number of days in each month to arrive at the forecast total dollar amount of covered sales. This is shown in column I.
6. For example, for December 2020, using the a, b1, and b2 parameter estimates shown above, along with the 1-month and two-month lags in the 9-month trailing moving average ADS (representing the 9-month trailing moving average ADS for November and October 2020, respectively), one can estimate the forecast 9-month trailing moving average ADS for December: -3,106,716,928 + (1.574199 × 527,000,127,996) + (−0.560507 × 518,017,127,996) = 536,143,950,634.
7. With the estimated 9-month trailing moving average ADS for December 2020 calculated above, one can estimate the 9-month trailing moving average ADS for January, 2021. The estimate obtained from December becomes the 1-month lag for January, and the 1-month lag used in the December forecast becomes the 2-month lag for the January forecast. Thus, the predicted 9-month trailing moving average ADS for January 2021 is calculated as: -3,106,716,928+ (1.574199 × 536,143,950,634) + (−0.560507 × 527,000,127,996) = 545,503,592,273.
8. Using the forecasts for December and January, one can estimate the value for February. Repeat this procedure for subsequent months, until the estimate for August 2021 is obtained. This value is 618,941,650,406.[15] This value is then used to calculate the final forecast total monthly covered sales for all 9 months from December 2020 through August 2021.
9. To obtain the estimate of total monthly covered sales for each month, multiply the number of trading days in the month, shown in column B in Table A, by the final forecast 9-month trailing moving average ADS, shown in column H of Table A. This product is shown in column I of Table A, and these figures are used to calculate the new fee rate.
B. Using the Forecasts From A To Calculate the New Fee Rate
1. Use Table A to estimate fees collected for the period September 1, 2020 through February 24, 2021. The projected aggregate dollar amount of covered sales for this period is $68,536,044,778,746. Actual and projected fee collections at the current fee rate of $22.10 per million are $1,514,646,590.
2. Estimate the amount of assessments on security futures products collected from September 1, 2020 through August 31, 2021. The only entity reporting assessable security futures products ceased operations in September, 2020.[16] Consequently, the estimated amount of assessments on security futures products collected from September 2020 through August 2021 is equal to the amount already reported, which is $493.87.
3. Subtract the amounts $1,514,646,590 and $493.87 from the target off-setting collection amount set by Congress of $1,926,162,000, leaving $411,514,917 to be collected on dollar volume for the period February 25, 2021 through August 31, 2021.
4. Use Table A to estimate dollar volume for the period February 25, 2021 through August 31, 2021. The estimate is $81,081,356,203,186. Finally, compute the fee rate required to produce the additional $411,514,917 in revenue. This rate is $411,514,917 divided by $81,081,356,203,186 or 0.00000507533.
5. Round the result to the seventh decimal point, yielding a rate of 0.0000051 (or $5.10 per million).
This table summarizes the estimates of the aggregate dollar amount of covered sales, by time period. The figures in this table can be used to determine the new fee rate.
Table A—Baseline Estimate of the Aggregate Dollar Amount of Sales
Fee rate calculation a. Baseline estimate of the aggregate dollar amount of sales, 09/01/2020 to 01/31/2021 ($Millions) $58,014,037 b. Baseline estimate of the aggregate dollar amount of sales, 02/01/2021 to 02/24/2021 ($Millions) 10,522,008 c. Baseline estimate of the aggregate dollar amount of sales, 02/25/2021 to 02/28/2021 ($Millions) 1,237,883 d. Baseline estimate of the aggregate dollar amount of sales, 03/01/2021 to 08/31/2021 ($Millions) 79,843,473 e. Estimated collections in assessments on security futures products in fiscal year 2021 ($Millions) 0.026 f. Implied fee rate (($1,926,162,000 − $22.10*(a + b)−e)/(c + d) 5.0 Start Printed Page 6699 Start Printed Page 6700 End PreambleMonth Number of trading days in month Total dollar amount of sales Average daily dollar amount of sales (ADS) 9-Month trailing moving average ADS 1 Month lag of 9-month trailing moving average ADS 2 Month lag of 9-month trailing moving average ADS Forecast 9-month trailing moving average ADS Forecast total dollar amount of sales (A) (B) (C) (D) (E) (F) (G) (H) (I) Feb-10 19 $4,969,848,578,023 $261,570,977,791 Mar-10 23 5,563,529,823,621 241,892,601,027 Apr-10 21 5,546,445,874,917 264,116,470,234 May-10 20 7,260,430,376,294 363,021,518,815 Jun-10 22 6,124,776,349,285 278,398,924,967 Jul-10 21 5,058,242,097,334 240,868,671,302 Aug-10 22 4,765,828,263,463 216,628,557,430 Sep-10 21 4,640,722,344,586 220,986,778,314 Oct-10 21 5,138,411,712,272 244,686,272,013 $259,130,085,766 Nov-10 21 5,279,700,881,901 251,414,327,710 258,001,569,090 $259,130,085,766 Dec-10 22 4,998,574,681,208 227,207,940,055 256,369,940,093 258,001,569,090 $259,130,085,766 Jan-11 20 5,043,391,121,345 252,169,556,067 255,042,505,186 256,369,940,093 258,001,569,090 Feb-11 19 5,114,631,590,581 269,191,136,346 244,616,907,134 255,042,505,186 256,369,940,093 Mar-11 23 6,499,355,385,307 282,580,668,926 245,081,545,351 244,616,907,134 255,042,505,186 Apr-11 20 4,975,954,868,765 248,797,743,438 245,962,553,367 245,081,545,351 244,616,907,134 May-11 21 5,717,905,621,053 272,281,220,050 252,146,182,547 245,962,553,367 245,081,545,351 Jun-11 22 5,820,079,494,414 264,549,067,928 256,986,436,948 252,146,182,547 245,962,553,367 Jul-11 20 5,189,681,899,635 259,484,094,982 258,630,639,500 256,986,436,948 252,146,182,547 Aug-11 23 8,720,566,877,109 379,155,081,613 272,824,056,601 258,630,639,500 256,986,436,948 Sep-11 21 6,343,578,147,811 302,075,149,896 281,142,635,472 272,824,056,601 258,630,639,500 Oct-11 21 6,163,272,963,688 293,489,188,747 285,733,705,770 281,142,635,472 272,824,056,601 Nov-11 21 5,493,906,473,584 261,614,593,980 284,891,867,729 285,733,705,770 281,142,635,472 Dec-11 21 5,017,867,255,600 238,946,059,790 280,043,577,825 284,891,867,729 285,733,705,770 Jan-12 20 4,726,522,206,487 236,326,110,324 278,657,840,812 280,043,577,825 284,891,867,729 Feb-12 20 5,011,862,514,132 250,593,125,707 276,248,052,552 278,657,840,812 280,043,577,825 Mar-12 22 5,638,847,967,025 256,311,271,228 275,332,741,808 276,248,052,552 278,657,840,812 Start Printed Page 6697 Apr-12 20 5,084,239,396,560 254,211,969,828 274,746,950,124 275,332,741,808 276,248,052,552 May-12 22 5,611,638,053,374 255,074,456,972 260,960,214,052 274,746,950,124 275,332,741,808 Jun-12 21 5,121,896,896,362 243,899,852,208 254,496,292,087 260,960,214,052 274,746,950,124 Jul-12 21 4,567,519,314,374 217,500,919,732 246,053,151,085 254,496,292,087 260,960,214,052 Aug-12 23 4,621,597,884,730 200,939,038,467 239,311,422,695 246,053,151,085 254,496,292,087 Sep-12 19 4,598,499,962,682 242,026,313,825 239,653,673,143 239,311,422,695 246,053,151,085 Oct-12 21 5,095,175,588,310 242,627,408,967 240,353,817,437 239,653,673,143 239,311,422,695 Nov-12 21 4,547,882,974,292 216,565,855,919 236,573,009,683 240,353,817,437 239,653,673,143 Dec-12 20 4,744,922,754,360 237,246,137,718 234,454,661,515 236,573,009,683 240,353,817,437 Jan-13 21 5,079,603,817,496 241,885,896,071 233,085,097,764 234,454,661,515 236,573,009,683 Feb-13 19 4,800,663,527,089 252,666,501,426 232,817,547,148 233,085,097,764 234,454,661,515 Mar-13 20 4,917,701,839,870 245,885,091,993 233,038,129,346 232,817,547,148 233,085,097,764 Apr-13 22 5,451,358,637,079 247,789,028,958 236,403,474,816 233,038,129,346 232,817,547,148 May-13 22 5,681,788,831,869 258,263,128,721 242,772,818,178 236,403,474,816 233,038,129,346 Jun-13 20 5,623,545,462,226 281,177,273,111 247,122,924,765 242,772,818,178 236,403,474,816 Jul-13 22 5,083,861,509,754 231,084,614,080 245,840,392,000 247,122,924,765 242,772,818,178 Aug-13 22 4,925,611,193,095 223,891,417,868 246,654,343,327 245,840,392,000 247,122,924,765 Sep-13 20 4,959,197,626,713 247,959,881,336 247,844,759,285 246,654,343,327 245,840,392,000 Oct-13 23 5,928,804,028,970 257,774,088,216 249,610,113,968 247,844,759,285 246,654,343,327 Nov-13 20 5,182,024,612,049 259,101,230,602 250,325,083,876 249,610,113,968 247,844,759,285 Dec-13 21 5,265,282,994,173 250,727,761,627 250,863,158,280 250,325,083,876 249,610,113,968 Jan-14 21 5,808,700,114,288 276,604,767,347 254,064,906,990 250,863,158,280 250,325,083,876 Feb-14 19 6,018,926,931,054 316,785,627,950 260,567,406,904 254,064,906,990 250,863,158,280 Mar-14 21 6,068,617,342,988 288,981,778,238 261,434,574,140 260,567,406,904 254,064,906,990 Apr-14 21 6,013,948,953,528 286,378,521,597 267,578,341,642 261,434,574,140 260,567,406,904 May-14 21 5,265,594,447,318 250,742,592,729 270,561,805,516 267,578,341,642 261,434,574,140 Jun-14 21 5,159,506,989,669 245,690,809,032 270,309,686,371 270,561,805,516 267,578,341,642 Jul-14 22 5,364,099,567,460 243,822,707,612 268,759,532,970 270,309,686,371 270,561,805,516 Aug-14 21 5,075,332,147,677 241,682,483,223 266,824,116,595 268,759,532,970 270,309,686,371 Sep-14 21 5,507,943,363,243 262,283,017,297 268,108,033,892 266,824,116,595 268,759,532,970 Oct-14 23 7,796,638,035,879 338,984,262,430 275,039,088,901 268,108,033,892 266,824,116,595 Nov-14 19 5,340,847,027,697 281,097,211,984 271,073,709,349 275,039,088,901 268,108,033,892 Dec-14 22 6,559,110,068,128 298,141,366,733 272,091,441,404 271,073,709,349 275,039,088,901 Jan-15 20 6,185,619,541,044 309,280,977,052 274,636,158,677 272,091,441,404 271,073,709,349 Feb-15 19 5,723,523,235,641 301,238,065,034 280,246,766,711 274,636,158,677 272,091,441,404 Mar-15 22 6,395,046,297,249 290,683,922,602 285,246,001,552 280,246,766,711 274,636,158,677 Apr-15 21 5,625,548,298,004 267,883,252,286 287,919,395,405 285,246,001,552 280,246,766,711 May-15 20 5,521,351,972,386 276,067,598,619 291,739,963,782 287,919,395,405 285,246,001,552 Jun-15 22 6,005,521,460,806 272,978,248,218 292,928,322,773 291,739,963,782 287,919,395,405 Jul-15 22 6,493,670,315,390 295,166,832,518 288,059,719,450 292,928,322,773 291,739,963,782 Aug-15 21 6,963,901,249,270 331,614,345,203 293,672,734,252 288,059,719,450 292,928,322,773 Sep-15 21 6,434,496,770,897 306,404,608,138 294,590,872,186 293,672,734,252 288,059,719,450 Oct-15 22 6,592,594,708,082 299,663,395,822 293,522,252,049 294,590,872,186 293,672,734,252 Nov-15 20 5,822,824,015,945 291,141,200,797 292,400,378,245 293,522,252,049 294,590,872,186 Dec-15 22 6,384,337,478,801 290,197,158,127 292,346,293,303 292,400,378,245 293,522,252,049 Jan-16 19 6,696,059,796,055 352,424,199,792 301,739,731,915 292,346,293,303 292,400,378,245 Feb-16 20 6,659,878,908,747 332,993,945,437 308,064,881,562 301,739,731,915 292,346,293,303 Mar-16 22 6,161,943,754,542 280,088,352,479 308,854,893,146 308,064,881,562 301,739,731,915 Apr-16 21 5,541,076,988,322 263,860,808,968 305,376,446,085 308,854,893,146 308,064,881,562 May-16 21 5,693,520,415,112 271,120,019,767 298,654,854,370 305,376,446,085 308,854,893,146 Jun-16 22 6,317,212,852,759 287,146,038,762 296,515,013,328 298,654,854,370 305,376,446,085 Jul-16 20 5,331,797,261,269 266,589,863,063 292,840,176,355 296,515,013,328 298,654,854,370 Aug-16 23 5,635,976,607,786 245,042,461,208 287,718,094,178 292,840,176,355 296,515,013,328 Sep-16 21 5,942,072,286,976 282,955,823,189 286,913,501,407 287,718,094,178 292,840,176,355 Oct-16 21 5,460,906,573,682 260,043,170,175 276,648,942,561 286,913,501,407 287,718,094,178 Nov-16 21 6,845,287,809,886 325,966,086,185 275,868,069,311 276,648,942,561 286,913,501,407 Dec-16 21 6,208,579,880,985 295,646,660,999 277,596,770,257 275,868,069,311 276,648,942,561 Jan-17 20 5,598,200,907,603 279,910,045,380 279,380,018,748 277,596,770,257 275,868,069,311 Feb-17 19 5,443,426,609,533 286,496,137,344 281,088,476,256 279,380,018,748 277,596,770,257 Mar-17 23 6,661,861,914,530 289,646,170,197 281,366,268,638 281,088,476,256 279,380,018,748 Apr-17 19 5,116,714,033,499 269,300,738,605 281,667,477,031 281,366,268,638 281,088,476,256 May-17 22 6,305,822,460,672 286,628,293,667 286,288,125,082 281,667,477,031 281,366,268,638 Jun-17 22 6,854,993,097,601 311,590,595,346 289,469,766,433 286,288,125,082 281,667,477,031 Jul-17 20 5,394,333,070,522 269,716,653,526 290,544,597,917 289,469,766,433 286,288,125,082 Aug-17 23 6,206,204,906,864 269,834,995,951 284,307,810,113 290,544,597,917 289,469,766,433 Sep-17 20 5,939,886,169,525 296,994,308,476 284,457,548,721 284,307,810,113 290,544,597,917 Oct-17 22 6,134,529,538,894 278,842,251,768 284,338,904,987 284,457,548,721 284,307,810,113 Nov-17 21 6,289,748,560,897 299,511,836,233 285,785,093,752 284,338,904,987 284,457,548,721 Dec-17 20 6,672,181,323,001 333,609,066,150 290,669,859,969 285,785,093,752 284,338,904,987 Jan-18 21 7,672,288,677,308 365,347,079,872 301,341,675,665 290,669,859,969 285,785,093,752 Feb-18 19 8,725,420,462,639 459,232,655,928 320,519,938,139 301,341,675,665 290,669,859,969 Mar-18 21 8,264,755,011,030 393,559,762,430 329,627,623,370 320,519,938,139 301,341,675,665 Apr-18 21 7,490,308,402,446 356,681,352,497 339,290,367,701 329,627,623,370 320,519,938,139 May-18 22 7,242,077,467,361 329,185,339,426 345,884,850,309 339,290,367,701 329,627,623,370 Jun-18 21 7,936,783,802,579 377,942,085,837 354,879,047,793 345,884,850,309 339,290,367,701 Jul-18 21 6,807,593,326,456 324,171,110,784 359,915,587,684 354,879,047,793 345,884,850,309 Aug-18 23 7,363,115,477,823 320,135,455,558 362,207,100,942 359,915,587,684 354,879,047,793 Sep-18 19 6,781,988,459,996 356,946,761,052 364,800,178,154 362,207,100,942 359,915,587,684 Oct-18 23 10,133,514,482,168 440,587,586,181 373,160,234,410 364,800,178,154 362,207,100,942 Nov-18 21 8,414,847,862,204 400,707,041,057 366,657,388,314 373,160,234,410 364,800,178,154 Dec-18 19 9,075,221,733,736 477,643,249,144 375,999,997,948 366,657,388,314 373,160,234,410 Jan-19 21 7,960,664,643,749 379,079,268,750 378,488,655,310 375,999,997,948 366,657,388,314 Feb-19 19 6,676,391,653,247 351,389,034,381 380,955,732,527 378,488,655,310 375,999,997,948 Mar-19 21 7,828,979,311,928 372,808,538,663 380,385,338,397 380,955,732,527 378,488,655,310 Apr-19 21 6,907,923,076,080 328,948,717,909 380,916,183,633 380,385,338,397 380,955,732,527 May-19 22 7,895,053,976,747 358,866,089,852 385,219,587,443 380,916,183,633 380,385,338,397 Jun-19 20 7,070,583,442,058 353,529,172,103 384,839,855,338 385,219,587,443 380,916,183,633 Jul-19 22 6,792,811,319,721 308,764,150,896 370,192,806,973 384,839,855,338 385,219,587,443 Aug-19 22 8,059,527,400,976 366,342,154,590 366,374,486,254 370,192,806,973 384,839,855,338 Sep-19 20 6,958,132,871,506 347,906,643,575 351,959,307,858 366,374,486,254 370,192,806,973 Oct-19 23 7,235,982,824,882 314,607,948,908 344,795,827,875 351,959,307,858 366,374,486,254 Nov-19 20 6,784,888,230,209 339,244,411,510 343,446,425,334 344,795,827,875 351,959,307,858 Dec-19 21 7,252,856,724,647 345,374,129,745 340,398,157,677 343,446,425,334 344,795,827,875 Jan-20 21 8,178,172,797,805 389,436,799,895 347,119,055,675 340,398,157,677 343,446,425,334 Feb-20 19 8,951,554,790,521 471,134,462,659 359,593,319,320 347,119,055,675 340,398,157,677 Mar-20 22 16,218,726,536,159 737,214,842,553 402,225,060,481 359,593,319,320 347,119,055,675 Apr-20 21 10,289,596,902,933 489,980,804,902 422,360,244,260 402,225,060,481 359,593,319,320 May-20 20 9,435,524,799,540 471,776,239,977 434,075,142,636 422,360,244,260 402,225,060,481 Jun-20 22 12,093,857,552,130 549,720,797,824 456,498,937,553 434,075,142,636 422,360,244,260 Jul-20 22 10,355,334,352,448 470,697,016,020 473,842,167,232 456,498,937,553 434,075,142,636 Aug-20 21 9,763,364,099,611 464,922,099,981 487,806,354,840 473,842,167,232 456,498,937,553 Sep-20 21 11,545,568,415,944 549,788,972,188 510,519,115,111 487,806,354,840 473,842,167,232 Oct-20 22 10,052,383,756,890 456,926,534,404 518,017,974,501 510,519,115,111 487,806,354,840 Nov-20 20 11,039,476,882,364 551,973,844,118 527,000,127,996 518,017,974,501 510,519,115,111 Dec-20 22 527,000,127,996 518,017,974,501 $618,941,650,406 $13,616,716,308,932 Jan-21 19 527,000,127,996 618,941,650,406 11,759,891,357,714 Feb-21 19 618,941,650,406 11,759,891,357,714 Start Printed Page 6698 Mar-21 23 618,941,650,406 14,235,657,959,338 Apr-21 21 618,941,650,406 12,997,774,658,526 May-21 20 618,941,650,406 12,378,833,008,120 Jun-21 22 618,941,650,406 13,616,716,308,932 Jul-21 21 618,941,650,406 12,997,774,658,526 Aug-21 22 618,941,650,406 13,616,716,308,932 Footnotes
4. In some circumstances, the SEC also must make a mid-year adjustment to the fee rates applicable under Sections 31(b) and (c).
Back to Citation5. 15 U.S.C. 78ee(j)(1) (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 such fiscal year, is reasonably likely to produce aggregate fee collections under [Section 31] (including assessments collected under [Section 31(d)]) that are equal to the regular appropriation to the Commission by Congress for such fiscal year.”).
Back to Citation7. The sum of fees to be collected prior to the effective date of the new fee rate is determined by applying the current fee rate to the dollar amount of covered sales prior to the effective date of the new fee rate. The exchanges and FINRA have provided data on the dollar amount of covered sales through November, 2020. To calculate the dollar amount of covered sales from December, 2020 to the effective date of the new fee rate, the Commission is using the same methodology it used in fiscal year 2020. This methodology is described in Appendix A of this order.
Back to Citation8. OneChicago, LLC, the only reporting entity for single stock futures, ceased operations in September, 2020; its last R-31 report was filed in October, 2020. Accordingly, the forecast for the assessments for all of fiscal year 2021 for single stock futures is the reported assessments on single stock futures from September, 2020 by OneChicago, LLC.
Back to Citation9. To estimate the aggregate dollar amount of covered sales for the remainder of fiscal year 2021 following the effective date of the new fee rate, the Commission is using the same methodology it used previously. This methodology is described in Appendix A of this order.
Back to Citation10. The President signed into law the “Consolidated Appropriations Act, 2021” on December 27, 2020. This legislation included an appropriation of $1,894,835,000 to the SEC for fiscal year 2021 operations. The Act further directed that “[i]n addition to the foregoing appropriation, for move, replication, and related costs associated with a replacement lease for the Commission's District of Columbia headquarters, not to exceed $18,650,000, to remain available until expended; and for move, replication, and related costs associated with a replacement lease for the Commission's San Francisco Regional Office facilities, not to exceed $12,677,000, to remain available until expended.” The sum of these three amounts is $1,926,162,000. Finally, the Act further directed that “for purposes of calculating the fee rate under section 31(j) . . . all amounts appropriated under this heading shall be deemed to be the regular appropriation to the Commission for fiscal year 2021.”
Back to Citation11. Appendix A shows the process of calculating the fiscal year 2021 annual adjustment and includes the data used by the Commission in making this adjustment.
Back to Citation13. To determine the availability of data, the Commission compares the date of the appropriation with the date the transaction data are due from the exchanges (10 business days after the end of the month). If the business day following the date of the appropriation is equal to or subsequent to the date the data are due from the exchanges, the Commission uses these data. The appropriation was signed on December 27, 2020. The first business day after this date was December 28, 2020. Data for November 2020 were due from the exchanges on December 14, 2020. As a result, the Commission used November 2020 and earlier data to forecast volume for December 2020 and later months.
Back to Citation14. Because the model uses a two period lag in the 9-month trailing moving average of average daily covered sales, ten additional months of data are added to the table so that the model is estimated with 120 observations.
Back to Citation15. One obtains insignificantly different values using the rounded parameter estimates shown above. The predicted ADS values displayed above represents the full precision estimate.
Back to Citation16. OneChicago, LLC, the only reporting entity for single stock futures, ceased operations in September, 2020; its last R-31 report was filed in October, 2020. Accordingly, the forecast for the assessments for all of fiscal year 2021 for single stock futures is the reported assessments on single stock futures from September, 2020 by OneChicago, LLC.
Back to Citation[FR Doc. 2021-01341 Filed 1-21-21; 8:45 am]
BILLING CODE 8011-01-P
Document Information
- Published:
- 01/22/2021
- Department:
- Securities and Exchange Commission
- Entry Type:
- Notice
- Document Number:
- 2021-01341
- Pages:
- 6694-6700 (7 pages)
- Docket Numbers:
- Release No. 34-90932/January 15, 2021
- PDF File:
- 2021-01341.pdf