Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 76729 

indication that CIWA failed to request a 

waiver in order to avoid the 

requirements of the ARRA, particularly 

since there are no domestically 

manufactured products available that 

meet the project specifications. 

Therefore, EPA will consider CIWA’s 

waiver request, a foreseeable late 

request, as though it had been timely 

made since there is no gain by CIWA 

and no loss by the government due to 

the late request. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay projects that 

are ‘‘shovel ready’’ by requiring potential 

SRF eligible recipients, such as the 

Central Iowa Water Association to revise 

their design standards and 

specifications as well as their 

construction schedule. There are no 

domestic manufacturers that can 

provide a compatible water meter 

monitor that meets the specifications of 

this drinking water improvement 

project. To delay this construction 

would directly conflict with a 

fundamental economic purpose of 

ARRA, which is to create or retain jobs. 

The April 28, 2009 EPA HQ 

Memorandum, ‘‘Implementation of Buy 

American provisions of Public Law 

111–5, the ‘American Recovery and 

Reinvestment Act of 2009’ ’’ 

(‘‘Memorandum’’), defines reasonably 

available quantity as ‘‘the quantity of 

iron, steel, or relevant manufactured 

good is available or will be available at 

the time needed and place needed, and 

in the proper form or specification as 

specified in the project plans and 

design.’’ The same Memorandum 

defines ‘‘satisfactory quality’’ as ‘‘the 

quality of steel, iron or manufactured 

good specified in the project plans and 

designs.’’ 

The March 31, 2009 Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

temporary authority to issue exceptions 

to Section 1605 of the ARRA within the 

geographic boundaries of their 

respective regions and with respect to 

requests by individual grant recipients. 

Having established both a proper 

basis to specify the particular good 

required for this project and that this 

manufactured good was not available 

from a producer in the United States, 

the CIWA is hereby granted a waiver 

from the Buy American requirements of 

Section 1605(a) of Public Law 111–5. 

This waiver permits use of ARRA funds 

for the purchase of a non-domestic 

manufactured ORION Water Meter 

Monitors with Leak Detection Indicator 

documented in the CIWA’s waiver 

request submittal dated June 24, 2010. 

This supplementary information 

constitutes the detailed written 

justification required by Section 1605(c) 

for waivers based on a finding under 

subsection (b). 

Authority: Public Law 111–5, section 

1605. 

Dated: November 30, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2010–30971 Filed 12–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

FARM CREDIT ADMINISTRATION 

Market Access Agreement 

AGENCY: Farm Credit Administration. 

ACTION: Notice of approval of the draft 

amendment to the amended and 

restated market access agreement. 

SUMMARY: The Farm Credit 

Administration (FCA or we) announces 

its approval of the draft amendment to 

the Amended and Restated Market 

Access Agreement (MAA) proposed to 

be entered into by all of the banks of the 

Farm Credit System (System) and the 

Federal Farm Credit Banks Funding 

Corporation (Funding Corporation). The 

MAA sets forth the rights and 

responsibilities of each of the parties 

when the condition of a bank falls 

below pre-established financial 

performance thresholds. The draft 

amendment (MAA Amendment) is 

intended to conform the MAA to the 

Joint and Several Liability Reallocation 

Agreement (Reallocation Agreement). 

FOR FURTHER INFORMATION CONTACT: 

Chris Wilson, Financial Analyst, Office 

of Regulatory Policy, Farm Credit 

Administration, McLean, VA 22102– 

5090, (703) 883–4204, TTY (703) 883– 

4434, or Rebecca S. Orlich, Senior 

Counsel, Office of General Counsel, 

Farm Credit Administration, McLean, 

VA 22102–5090, (703) 883–4020, TTY 

(703) 883–4020. 

SUPPLEMENTARY INFORMATION: On August 

18, 2010, the FCA published for 

comment a proposed Reallocation 

Agreement to be entered into by all of 

the banks of the System and the 

Funding Corporation (75 FR 51061). The 

Reallocation Agreement is designed to 

establish a procedure for non-defaulting 

banks to pay maturing System-wide 

debt on behalf of defaulting banks prior 

to a statutory joint and several call by 

the FCA. We received no comments on 

the proposal and approved it without 

modifications. The FCA’s approval was 

published in the Federal Register on 

October 20, 2010 (75 FR 64727). 

In the supplementary information we 

provided when we published the 

proposal for public comment, the FCA 

stated that the System banks and the 

Funding Corporation intended also to 

make conforming changes to the MAA 

to ensure that the MAA provisions did 

not impede operation of the 

Reallocation Agreement. The FCA stated 

further that, should the Agency approve 

the Reallocation Agreement, it expected 

also to approve the conforming MAA 

Amendment and would publish it in the 

Federal Register. 

The FCA published the current MAA 

in its entirety in the Federal Register on 

January 15, 2003 (68 FR 2037). The 

current MAA establishes certain 

financial thresholds at which conditions 

are placed on the activities of a bank or 

a bank’s access to participation in 

System-wide and consolidated 

obligations is restricted. The MAA 

establishes three categories, which are 

based on each bank’s net collateral ratio, 

permanent capital ratio, and scores 

under the Contractual Inter-bank 

Performance Agreement, which is an 

agreement among the System banks and 

the Funding Corporation that 

establishes certain financial 

performance criteria. 

Under the MAA, as a bank’s financial 

condition declines, the bank moves into 

Category I, then Category II, and finally 

Category III. When a bank reaches 

Category I, it is required to provide 

certain additional information, 

including information as to how it will 

improve its financial condition, to the 

Monitoring and Advisory Committee, a 

committee of bank and Funding 

Corporation representatives established 

under the MAA. When a bank reaches 

Category II, in addition to being 

required to provide additional 

information, the bank is limited to 

joining in the issuance of System-wide 

and consolidated obligations only in 

those amounts necessary for the bank to 

be able to roll over its maturing debt. 

When the bank reaches Category III, the 

bank is precluded from joining in the 

issuance of System-wide and 

consolidated obligations. 

The MAA includes provisions that 

enable a bank in Category II or III to 

request the opportunity to continue its 

access to the market. The MAA also 

provides that the FCA may override a 

decision to impose Category III 

prohibitions on access to the market for 

a period of 60 days, which may be 

renewed for an additional 60-day 

period. 

The MAA Amendment adds new 

sections 4.05, 5.05, and 7.23 to the 

MAA. The MAA Amendment provides 

that, in a circumstance where the joint 


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76730 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 

1We note that, although this paragraph states that 

the FCA received comments on the Reallocation 

Agreement, we did not receive comments on it. 

and several payment provisions of the 

Reallocation Agreement have been 

triggered, all non-defaulting System 

banks will be able to issue System-wide 

obligations to fund payments under the 

Reallocation Agreement. This means 

that even banks in Category II and III 

could participate in such issuances. The 

MAA Amendment also provides that the 

MAA and the Reallocation Agreement 

are separate agreements, and 

invalidation of one does not affect the 

other. 

The FCA now approves the MAA 

Amendment as set forth below. The 

FCA’s approval is conditioned on the 

board of directors of each bank and the 

Funding Corporation approving the 

MAA Amendment. Neither the MAA 

Amendment, when it becomes effective, 

nor FCA approval of it shall in any way 

restrict or qualify the authority of the 

FCA or the Farm Credit System 

Insurance Corporation (FCSIC) to 

exercise any of the powers, rights, or 

duties granted by law to the FCA or the 

FCSIC. Finally, the FCA retains the right 

to modify or revoke its approval of the 

MAA, including the MAA Amendment, 

at any time. 

The MAA Amendment, together with 

the recitals to the amendment, is as 

follows: 

Amendment to the Amended and 

Restated Market Access Agreement 

This amendment to the amended and 

restated market access agreement (the 

‘‘Amendment’’) is made as of the [__] day 

of [_______] (the ‘‘Effective Date’’), by 

and among AgFirst Farm Credit Bank; 

AgriBank, FCB; CoBank, ACB; the Farm 

Credit Bank of Texas; and the U.S. 

AgBank, FCB (as successor to the Farm 

Credit Bank of Wichita and the Western 

Farm Credit Bank under Section 7.12 of 

the Market Access Agreement) (each, a 

‘‘Bank,’’ and collectively, the ‘‘Banks’’), 

and the Federal Farm Credit Banks 

Funding Corporation (the ‘‘Funding 

Corporation’’). 

Whereas, the Banks and the Funding 

Corporation desire to adopt a 

contractual reallocation of each Bank’s 

joint and several liability obligations as 

an alternative to Section 4.4(a)(2) of the 

Farm Credit Act of 1971, as amended 

(the ‘‘Joint and Several Liability 

Reallocation Agreement’’); 

Whereas, the Banks and the Funding 

Corporation desire to amend the 

Amended and Restated Market Access 

Agreement dated July 1, 2003 (the 

‘‘Market Access Agreement’’) in order to 

effectuate the intended purpose of the 

Joint and Several Liability Reallocation 

Agreement; 

Whereas, the boards of directors of the 

Banks and the Funding Corporation 

gave approval to the Amendment 

subject to certain conditions; 

Whereas, the Amendment was 

submitted to the Farm Credit 

Administration (the ‘‘FCA’’) for approval 

and to the Farm Credit System 

Insurance Corporation (the ‘‘Insurance 

Corporation’’) for an expression of no 

objection; 

Whereas, the FCA published a 

description of this Amendment in 

connection with the publication of the 

Joint and Several Liability Reallocation 

Agreement in the Federal Register on 

August 18, 2010 and sought comments 

thereon; 

Whereas, after receiving comments on 

the Joint and Several Liability 

Reallocation Agreement,[1] the FCA, 

pursuant to the letter dated ll, 

approved this Amendment subject to 

modifications, if any, that are acceptable 

to the Banks and the Funding 

Corporation and a notice of such 

approval was published in the Federal 

Register on [llllllll]; 

Whereas, the Insurance Corporation, 

pursuant to the letter dated [lll], 

from the Insurance Corporation to the 

Banks and the Funding Corporation, 

expressed no objection to this 

Amendment; 

Now therefore, in consideration of the 

foregoing, the Banks and the Funding 

Corporation, intending to be legally 

bound hereby, agree to further amend 

the Market Access Agreement as 

follows: 

Section 1.01 After current Section 

4.04 of the Market Access Agreement, 

add new Section 4.05, which reads as 

follows: 

‘‘Section 4.05. Relationship to the Joint 

and Several Liability Reallocation 

Agreement. A Category II Bank shall not be 

subject to the Final Restrictions and Category 

II Interim Restrictions, to the extent that the 

Final Restrictions and Category II Interim 

Restrictions would prohibit such Category II 

Bank from issuing debt required to fund such 

Category II Bank’s liabilities and obligations 

under the Joint and Several Liability 

Reallocation Agreement.’’ 

Section 1.02 After current Section 

5.04 of the Market Access Agreement, 

add new Section 5.05, which reads as 

follows: 

‘‘Section 5.05. Relationship to the Joint 

and Several Liability Reallocation 

Agreement. A Category III Bank shall not be 

subject to the Final Prohibition or Category 

III Interim Restrictions, to the extent that the 

Final Prohibition or Category III Interim 

Restrictions would prohibit such Category III 

Bank from issuing debt required to fund such 

Category III Bank’s liabilities and obligations 

under the Joint and Several Liability 

Reallocation Agreement.’’ 

Section 1.03 After current Section 

7.22 of the Market Access Agreement, 

add new Section 7.23, which reads as 

follows: 

‘‘Section 7.23. Relationship to the Joint 

and Several Liability Reallocation 

Agreement. This Restated MAA and the Joint 

and Several Liability Reallocation Agreement 

are separate agreements, and invalidation of 

one does not affect the other.’’ 

Section 1.04 Continuation of Market 

Access Agreement. Except as expressly 

provided in this Amendment, the 

Market Access Agreement shall remain 

in full force and effect in accordance 

with its terms. 

Section 1.05 Counterparts. This 

Amendment may be executed in two or 

more counterparts, each of which shall 

be deemed to be an original, but all of 

which together shall constitute a single 

document. 

In witness whereof, each party hereto 

has caused this Amendment to be 

executed by its duly authorized officers 

or representatives, all as of the date 

written below. 

AGFIRST FARM CREDIT BANK 

By: 

llllllllllllllllll

Name: 

llllllllllllllllll

Title: 

llllllllllllllllll

Date: 

llllllllllllllllll

AGRIBANK, FCB 

By: 

llllllllllllllllll

Name: 

llllllllllllllllll

Title: 

llllllllllllllllll

Date: 

llllllllllllllllll

COBANK, ACB 

By: 

llllllllllllllllll

Name: 

llllllllllllllllll

Title: 

llllllllllllllllll

Date: 

llllllllllllllllll

Farm Credit Bank of Texas 

By: 

llllllllllllllllll

Name: 

llllllllllllllllll

Title: 

llllllllllllllllll

Date: 

llllllllllllllllll

U.S. AGBANK, FCB 

By: 

llllllllllllllllll


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Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 76731 

Name: 

llllllllllllllllll

Title: 

llllllllllllllllll

Date: 

llllllllllllllllll

Federal Farm Credit Banks Funding 

Corporation 

By: 

llllllllllllllllll

Name: 

llllllllllllllllll

Title: 

llllllllllllllllll

Date: 

llllllllllllllllll

Dated: December 3, 2010. 

Roland E. Smith, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 2010–30930 Filed 12–8–10; 8:45 am] 

BILLING CODE 6705–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MB Docket No. 10–238; DA 10–2227] 

Request for Comment for Report on InState Broadcast Programming 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice; solicitation of 

comments. 

SUMMARY: This document solicits public 

comments and data for use in 

preparation of a report on in-state 

broadcasting required by Section 304 of 

the Satellite Television Extension and 

Localism Act of 2010 (STELA). The 

Commission is required by legislative 

mandate to submit this report no later 

than August 27, 2011. 

DATES: Comments may be filed on or 

before January 24, 2011, and reply 

comments may be filed on or before 

February 22, 2011. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: Dan 

Bring, Media Bureau (202) 418–2164, 

TTY (202) 418–7172, or e-mail at 

Danny.Bring@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s document 

in MB Docket No. 10–238, DA–10–2227, 

released November 23, 2010. The 

complete text of the document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street, 

SW., Washington, DC 20554, and may 

also be purchased from the 

Commission’s copy contractor, BCPI, 

Inc., Portals II, 445 12th Street, SW., 

Washington, DC 20054. Customers may 

contact BCPI, Inc. at their Web site 

http://www.bcpi.com or call 1–800– 

378–3160. 

Synopsis 

1. Section 304 of the Satellite 

Television Extension and Localism Act 

of 2010 (STELA) requires the 

Commission to submit a report on instate broadcast programming to the 

appropriate Congressional committees 

no later than 18 months after its 

enactment (i.e., August 27, 2011). 

Satellite Television Extension and 

Localism Act of 2010, Title V of the 

‘‘American Workers, State, and Business 

Relief Act of 2010,’’ Public Law 111– 

175, 124 Stat. 1218 (2010). By this 

Public Notice, the Media Bureau 

(Bureau) seeks comment for use in 

preparation of the required report. 

2. Specifically, Section 304 of STELA 

states: 

SEC. 304. REPORT ON IN-STATE 

BROADCAST PROGRAMMING. Not later 

than 18 months after the date of the 

enactment of this Act, the Federal 

Communications Commission shall submit to 

the appropriate Congressional committees a 

report containing an analysis of— 

(1) The number of households in a State 

that receive the signals of local broadcast 

stations assigned to a community of license 

that is located in a different State; 

(2) the extent to which consumers in each 

local market have access to in-state broadcast 

programming over the air or from a 

multichannel video programming distributor; 

and 

(3) whether there are alternatives to the use 

of designated market areas, as defined in 

section 122 of title 17, United States Code, 

to define local markets that would provide 

more consumers with in-state broadcast 

programming. 

3. To analyze the issues relating to the 

availability of in-state broadcast stations 

for consumers, the Bureau seeks 

comment generally regarding the 

appropriate methodologies, metrics, 

data sources, and level of granularity we 

should use for our report to Congress 

required under Section 304. We also 

seek comment regarding our 

interpretation of and metrics 

appropriate for each of the specific 

subsections of Section 304. In addition, 

the Bureau requests data for use in 

preparation of the report. 

4. Section 304(1): Section 304(1) 

requires the Commission to estimate the 

number of households in a state that 

receive the signals of local broadcast 

stations assigned to a community of 

license that is located in a different 

state. The Bureau proposes to use OET 

Bulletin No. 69 (OET 69) methodology 

to estimate the number of households in 

each broadcast television station’s 

service area. OET Bulletin 69, available 

at http://www.fcc.gov/oet/info/ 

documents/bulletins/#69, provides 

guidance on the use of the Longley-Rice 

propagation model and U.S. Census 

blocks to evaluate TV service coverage 

and interference. The Bureau seeks 

comment on the use of OET 69 and 

which stations to include in the analysis 

(i.e., commercial, noncommercial 

educational, Class A, translators, 

satellite, and/or low-power). 

5. Section 304(2): Section 304(2) 

requires the Commission to estimate the 

extent to which consumers in each local 

market have access to in-state broadcast 

programming over-the-air or from a 

multichannel video programming 

distributor (MVPD). The Bureau 

proposes that the term ‘‘consumers’’ 

should be interpreted as households, the 

term ‘‘local market’’ should be 

interpreted as the designated market 

area (DMA), and the term ‘‘access’’ 

should refer to the ability to obtain a 

television station’s broadcast 

programming. The Bureau seeks 

comment on the interpretation of these 

terms. 

6. The Bureau seeks comment on 

whether the intent of the Section 304(2) 

analysis is to identify geographic areas 

(e.g., counties) and associated 

populations within specific states that 

have limited access to in-state broadcast 

programming and whether analysis 

based on DMAs will identify these 

geographic areas and populations. The 

Bureau also seeks comment on whether 

other criteria should be considered, 

such as network affiliation or whether 

the stations offer local news. To 

measure the ‘‘extent’’ to which 

consumers in each local market have 

access to in-state broadcast 

programming, the Bureau intends to 

collect, aggregate, and compare data 

based on DMAs and counties and 

requests data on a DMA and county 

basis. Commenters also are invited to 

suggest and provide data for other 

geographic areas that would be 

responsive to the directive of Section 

304(2). Commenters are asked to submit 

any other data that they believe will 

assist the Commission in preparing the 

report. 

7. In addition, the Bureau seeks 

comment on three possible approaches 

for measuring the extent of access to instate broadcast programming, whereby 

we would estimate the number of 

households that have access to (1) a 

specific number of in-state stations, (2) 

some percentage of their broadcast 

programming from in-state stations, or 

(3) some percentage of the stations 

licensed to communities in their state. 

The Bureau asks commenting parties to 


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