Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices 16627 

(B) In any local market in which a 

satellite carrier commences local-intolocal service after December 8, 2004, at 

least 60 days prior to the 

commencement of service in that 

market, and thereafter at least 60 days 

prior to any date on which the station 

must thereafter make an election under 

§ 76.66(c) or (d)(2), identify each 

affiliate of the same television network 

that the carrier reserves the right to 

retransmit into that station’s local 

market during the next election cycle. 

47 CFR Section 76.66 (f)(3) states 

except as provided in 76.66(d)(2), a 

satellite carrier providing local-intolocal service must notify local television 

stations of the location of the receive 

facility by June 1, 2001 for the first 

election cycle and at least 120 days 

prior to the commencement of all 

election cycles thereafter. 

47 CFR Section 76.66 (f)(4) states a 

satellite carrier may relocate its local 

receive facility at the commencement of 

each election cycle. A satellite carrier is 

also permitted to relocate its local 

receive facility during the course of an 

election cycle, if it bears the signal 

delivery costs of the television stations 

affected by such a move. A satellite 

carrier relocating its local receive 

facility must provide 60 days notice to 

all local television stations carried in 

the affected television market. 

47 CFR Section 76.66 (h)(5) states a 

satellite carrier shall provide notice to 

its subscribers, and to the affected 

television station, whenever it adds or 

deletes a station’s signal in a particular 

local market pursuant to this paragraph. 

47 CFR 76.66 (m)(1) states whenever 

a local television broadcast station 

believes that a satellite carrier has failed 

to meet its obligations under this 

section, such station shall notify the 

carrier, in writing, of the alleged failure 

and identify its reasons for believing 

that the satellite carrier failed to comply 

with such obligations. 

47 CFR 76.66 (m)(2) states the satellite 

carrier shall, within 30 days after such 

written notification, respond in writing 

to such notification and comply with 

such obligations or state its reasons for 

believing that it is in compliance with 

such obligations. 

47 CFR 76.66 (m)(3) states a local 

television broadcast station that 

disputes a response by a satellite carrier 

that it is in compliance with such 

obligations may obtain review of such 

denial or response by filing a complaint 

with the Commission, in accordance 

with § 76.7 of title 47, Code of Federal 

Regulations. Such complaint shall allege 

the manner in which such satellite 

carrier has failed to meet its obligations 

and the basis for such allegations. 

47 CFR 76.66 (m)(4) states the satellite 

carrier against which a complaint is 

filed is permitted to present data and 

arguments to establish that there has 

been no failure to meet its obligations 

under this section. 

Non-rule requirement: Satellite 

carriers must immediately commence 

carriage of the digital signal of a 

television station that ceases analog 

broadcasting prior to the February 17, 

2009 transition deadline provided that 

the broadcaster notifies the satellite 

carrier on or before October 1, 2008 of 

the date on which they anticipate 

termination of their analog signal. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2011–6905 Filed 3–23–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL FINANCIAL INSTITUTIONS 

EXAMINATION COUNCIL 

[Docket No. AS11–08] 

Statutory Provisions Affecting State 

Appraiser Regulatory Programs 

AGENCY: Appraisal Subcommittee (ASC) 

of the Federal Financial Institutions 

Examination Council. 

ACTION: Notice of Statutory Provisions 

Affecting State Appraiser Regulatory 

Programs. 

SUMMARY: The Dodd-Frank Wall Street 

Reform and Consumer Protection Act of 

2010 (Dodd-Frank Act) contains a 

number of provisions addressing the 

authority of the Appraisal 

Subcommittee (ASC) and requirements 

for States’ appraiser regulatory 

programs. The ASC is issuing Bulletin 

No. 2011–01 to provide information to 

the State appraiser regulatory officials 

on certain changes to the ASC’s review 

process for monitoring State Appraiser 

Regulatory Programs which will be 

implemented July 1, 2011, and the 

statutory provisions that States must 

implement by July 1, 2013. To provide 

sufficient time for States to amend their 

rules, regulations, or operating 

procedures, the ASC is providing States 

with a two-year implementation period 

for requirements addressed in the 

bulletin. 

DATES: Effective Date: July 1, 2013 for 

States’ Implementation of Statutory 

Provisions; July 1, 2011 for Revisions to 

the ASC’s State Compliance Review 

Process. 

FOR FURTHER INFORMATION CONTACT: 

James R. Park, Executive Director, at 

(202) 595–7575, or Alice M. Ritter, 

General Counsel, at (202) 595–7577, via 

Internet e-mail at jim@asc.gov and 

alice@asc.gov, respectively, or by U.S. 

Mail at Appraisal Subcommittee, 1401 

H Street, NW., Suite 760, Washington, 

DC 20005. 

SUPPLEMENTARY INFORMATION: The ASC 

issued the following Bulletin 2011–01, 

Statutory Provisions Affecting State 

Appraiser Regulatory Programs, on 

March 18, 2011. 

The Appraisal Subcommittee (ASC) is 

issuing this Bulletin to State Appraiser 

Regulatory Officials to provide 

information on compliance with certain 

provisions in the Dodd-Frank Act. The 

Dodd-Frank Act amended several 

sections of Title XI of the Financial 

Institutions Reform, Recovery, and 

Enforcement Act of 1989 (FIRREA Title 

XI). This Bulletin addresses the 

following provisions: 

• Reciprocity. 

• Qualification requirements for State 

licensed appraisers. 

• Minimum requirements for trainee 

appraisers and supervisory appraisers. 

• Course approval program of the 

Appraisal Foundation’s Appraiser 

Qualifications Board (AQB). 

• ASC monitoring of funding and 

staff resources available to State 

appraiser regulatory programs (State 

Programs). 

This Bulletin outlines changes to the 

ASC’s process for monitoring State 

Programs, the requirements that States 

must implement, with statutory 

references, as well as the effective dates 

for compliance. Recognizing States may 

need to amend their rules and/or 

regulations, or revise their operating 

procedures, the ASC is providing States 

with a two-year implementation period 

for certain of the above the provisions. 

As part of its State Compliance Review 

Process, the ASC will continue to 

evaluate State Programs for compliance 

with FIRREA Title XI and the ASC 

Policy Statements, including those that 

cover topics addressed in the DoddFrank Act. 

Provisions With a Two-Year 

Implementation Period 

Effective July 1, 2013, the ASC will 

begin reviewing State Programs for 

compliance with the following three 

requirements. Over the next two years, 

the ASC will monitor States’ efforts to 

implement the requirements. 

• Reciprocity: Provisions of the DoddFrank Act require States to have in place 

a policy for issuing a reciprocal 

certification or license to an appraiser 

from another State under specific 

conditions. Moreover, a Federally 

regulated financial institution may not 


emcdonald on DSK2BSOYB1PROD with NOTICES
16628 Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices 

engage a certified or licensed appraiser 

to perform an appraisal of a property for 

a Federally related transaction unless 

the State wherein the appraiser is 

credentialed has such a reciprocity 

policy in place. The State’s reciprocity 

policy must meet the following 

conditions: 

1. The appraiser licensing and 

certification program of the other State 

is in compliance with the provisions of 

FIRREA Title XI; and 

2. The appraiser holds a valid 

certification from a State with 

requirements for certification or 

licensing that meet or exceed the 

certification and licensure standards 

established by the State where an 

individual seeks reciprocity. 

Statutory and Policy References: 

FIRREA Title XI § 1122(b), 12 U.S.C. 

3351, as amended by the Dodd-Frank 

Act; FIRREA Title XI § 1122(b), 12 

U.S.C. 3351; ASC Policy Statement 6. 

• Certification and Licensing 

Requirements for State licensed 

appraisers: The Dodd-Frank Act defines 

a ‘‘State licensed appraiser’’ as an 

individual who has satisfied the 

requirements for State licensing in a 

State with criteria for the licensing of a 

real estate appraiser currently that meet 

or exceed the minimum criteria issued 

by the AQB for the licensing of real 

estate appraisers. Therefore, if a State 

has a licensed category, the minimum 

qualification criteria issued by the AQB 

is mandatory. 

Statutory Reference: FIRREA Title XI 

§ 1116(c), 12 U.S.C. 3345, as amended 

by the Dodd-Frank Act. See also AQB 

Real Property Appraiser Qualification 

Criteria. 

• Certification and Licensing 

Requirements—Minimum Qualification 

Requirements: The Dodd-Frank Act 

mandates that any minimum 

qualification requirements established 

by a State for individuals in the position 

of ‘‘Trainee Appraiser’’ and ‘‘Supervisory 

Appraiser’’ must meet or exceed the 

minimum qualification requirements of 

the AQB. 

Statutory Reference: FIRREA Title XI 

§ 1116(e), 12 U.S.C. 3345, as amended 

by the Dodd-Frank Act. See also AQB 

Real Property Appraiser Qualification 

Criteria. 

The AQB’s minimum qualification 

criteria may be subject to amendment 

from time to time by the AQB and is 

available at the Appraisal Foundation’s 

Web site under the ‘‘Qualifications’’ tab 

referencing ‘‘Real Property Criteria.’’ 

(http://www.appraisalfoundation.org) 

Revisions to State Compliance Review 

Process 

While the Dodd-Frank Act contains a 

number of mandates addressing the 

authority and responsibilities of the 

ASC, the ASC is now formally 

incorporating the following two 

requirements into its State Compliance 

Review process. The revisions take 

effect on July 1, 2011, and do not 

necessarily require States to revise rules 

and/or regulations. States that will need 

to revise rules and/or regulations should 

advise the ASC as soon as possible. 

• The Dodd-Frank Act requires the 

ASC to encourage States to accept 

courses approved by the AQB Course 

Approval Program. While the ASC 

currently reviews States’ practices in 

this area as part of the Compliance 

Review process, the ASC will formally 

ask a State whether or not the State uses 

the AQB Course Approval Program as 

part of a Compliance Review conducted 

after July 1, 2011. Accordingly, the ASC 

will continue to encourage States to 

accept courses approved by the AQB 

Course Approval Program. 

Statutory References: FIRREA Title XI 

§ 1122(h), 12 U.S.C. 3351, as amended 

by the Dodd-Frank Act. 

• The Dodd-Frank Act requires the 

ASC to monitor a State Program for the 

purposes of determining whether a State 

has policies, practices, procedures, 

funding, and staffing consistent with the 

purpose of FIRREA Title XI. The ASC’s 

longstanding practice is to monitor the 

adequacy of a State Program’s policies, 

practices and procedures. Recently, the 

ASC has been requesting funding and 

staffing data for State Programs as part 

of the Compliance Review process and 

will formally request the information 

from State Programs for Compliance 

Reviews conducted after July 1, 2011. 

Statutory References: FIRREA Title XI 

§ 1118(a), 12 U.S.C. 3347, as amended 

by the Dodd-Frank Act. 

For further information, contact James 

R. Park, Executive Director, at (202) 

595–7575 or Jim@ASC.gov, or Alice M. 

Ritter, General Counsel, at (202) 595– 

7577 or Alice@ASC.gov. 

By the Appraisal Subcommittee. 

Dated: March 18, 2011. 

Deborah S. Merkle, 

Chairman. 

[FR Doc. 2011–6969 Filed 3–23–11; 8:45 am] 

BILLING CODE P 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

Sunshine Act Meeting 

TIME AND DATE: 2 p.m., Thursday, March 

31, 2011. 

PLACE: The Richard V. Backley Hearing 

Room, 9th Floor, 601 New Jersey 

Avenue, NW., Washington, DC. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission will hear oral argument in 

the matter Secretary of Labor v. 

Cumberland Coal Resources, LP, Docket 

No. PENN 2008–189. (Issues include 

whether the judge erred in determining 

that four violations of 30 CFR 

75.380(d)(7)(iv), which requires 

effective escapeway lifelines, were not 

‘‘significant and substantial.’’) Any 

person attending this oral argument who 

requires special accessibility features 

and/or auxiliary aids, such as sign 

language interpreters, must inform the 

Commission in advance of those needs. 

Subject to 29 CFR 2706.150(a)(3) and 

2706.160(d). 

CONTACT PERSON FOR MORE INFO: Jean 

Ellen (202) 434–9950/(202) 708–9300 

for TDD Relay/1–800–877–8339 for toll 

free. 

Dated: March 18, 2011. 

Emogene Johnson, 

Administrative Assistant. 

[FR Doc. 2011–7130 Filed 3–22–11; 4:15 pm] 

BILLING CODE 6735–01–P 

FEDERAL RESERVE SYSTEM 

Notice of Proposals To Engage in 

Permissible Nonbanking Activities or 

To Acquire Companies That Are 

Engaged in Permissible Nonbanking 

Activities 

The companies listed in this notice 

have given notice under section 4 of the 

Bank Holding Company Act (12 U.S.C. 

1843) (BHC Act) and Regulation Y, (12 

CFR part 225) to engage de novo, or to 

acquire or control voting securities or 

assets of a company, including the 

companies listed below, that engages 

either directly or through a subsidiary or 

other company, in a nonbanking activity 

that is listed in § 225.28 of Regulation Y 

(12 CFR 225.28) or that the Board has 

determined by Order to be closely 

related to banking and permissible for 

bank holding companies. Unless 

otherwise noted, these activities will be 

conducted throughout the United States. 

Each notice is available for inspection 

at the Federal Reserve Bank indicated. 

The notice also will be available for 

inspection at the offices of the Board of 


emcdonald on DSK2BSOYB1PROD with NOTICES