Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15669

II. Background FEDERAL COMMUNICATIONS whether the application filed by ANI for COMMISSION an FM translator construction permit As part of its environmental mission, (Application) should be granted. This the Safer Choice program partners with [DA 21–79; MB Docket No. 21–20, FRS revocation proceeding and designation 17583] businesses to help consumers and of the Application for hearing stems commercial buyers identify products Auburn Network, Inc., License from Hubbard’s multiple felony with safer chemical ingredients, without Revocation Proceeding for Radio convictions under the Alabama Code of sacrificing quality or performance. Stations in the Auburn, AL Market Ethics for Public Officials, Employees, Toward this end, the Safer Choice Etc. (Alabama’s Ethics Act), which raise program certifies products containing AGENCY: Federal Communications a substantial and material question of ingredients that have met the program’s Commission. fact as to Hubbard’s character specific and rigorous human health and ACTION: Notice. qualifications. ANI also seeks environmental toxicological criteria. assignment of the Stations’ licenses, and SUMMARY: This document commences a The Safer Choice program allows requests an exception of the hearing to determine whether, in light of companies to use its label on certified Commission’s Jefferson Radio policy recent felony convictions, the licensee prohibiting assignment or transfer of a products that contain safer ingredients of stations in the Auburn, AL market is and perform, as determined by expert license when character qualifications qualified to hold FCC authorizations, are pending against the licensee. evaluation. The Safer Choice program and consequently, whether licensee’s 2. A broadcast licensee’s certification represents a high level of current license authorizations should be authorization to use radio spectrum in achievement in formulating products revoked, whether the applications for the public interest carries with it the that are safer for people and the renewal of various licenses should be obligation that the station serves its environment. The purpose of the granted, and whether the application for community, providing programming Partner of the Year Awards is to an FM translator construction permit responsive to local needs and interests. recognize the leadership contributions should be granted. Broadcast licensees are also required to of Safer Choice partners and DATES: Persons desiring to participate as operate in compliance with the Act and stakeholders who, over the past year, parties in the hearing shall file a the Commission’s rules (Rules). have shown achievement in the design, petition for leave to intervene not later Pursuant to section 309(e) of the Act, 47 manufacture, selection, and use of than April 23, 2021. U.S.C. 309(e), the Commission is products with safer chemicals, that ADDRESSES: File documents with the required to designate an application for further outstanding or innovative source Office of the Secretary, Federal hearing if a substantial and material reduction. EPA especially encourages Communications Commission, 45 L St. question of fact is presented regarding submission of award applications that NE, Washington, DC 20554, with a copy whether grant of the application would show how the applicant’s work in the mailed to each party to the proceeding. serve the public interest, convenience, design, manufacture, selection and use Each document that is filed in this and necessity. In determining whether of those products promotes proceeding must display on the front an applicant is qualified to be a licensee, the Commission considers the environmental justice, bolsters page the docket number of this hearing, character of the applicant. Section resilience to the impacts of climate ‘‘MB Docket No. 21–20.’’ 312(a)(2) of the Act, 47 U.S.C. (312)(a)(2) change, results in cleaner air or water, FOR FURTHER INFORMATION CONTACT: provides that the Commission may or improves drinking water quality. Albert Shuldiner, Media Bureau, (202) revoke any license if conditions present 418–2721. III. How can I participate? would warrant refusal to grant a license SUPPLEMENTARY INFORMATION: This is a or permit. Because the Commission To be considered for a Partner of the summary of the Hearing Designation considers character qualifications in its Year Award, candidates should notify Order (Order), MB Docket No. 21–20, review of applications, a character the Safer Choice program of their DA 21–79, adopted February 10, 2021, defect that would warrant the interest. They should submit supporting and released February 11, 2021. The full Commission’s refusal to grant a license information on their accomplishments text of the Order is available online by in the original application would and contributions focusing on calendar using the search function for MB Docket likewise support a Commission year 2020. There is no form associated No. 21–20 on the Commission’s ECFS determination to revoke a license or with this year’s application. Candidates web page at www.fcc.gov/ecfs. permit. 3. Non-FCC misconduct may raise interested in learning more about the Summary of the Hearing Designation substantial and material questions of Partner of the Year Awards should refer Order fact concerning the licensee’s character. to the Safer Choice website: https:// 1. The Order commences a hearing The Commission considers evidence of www.epa.gov/saferchoice/safer-choice- proceeding before the Commission to felony convictions because felonies are partner-year-awards. determine whether multiple felony serious crimes and conviction indicates Authority: 42 U.S.C. 13103(b)(13) and 15 convictions render licensee, Michael G. an applicant’s propensity to obey laws U.S.C. 2609. Hubbard (Hubbard), unqualified to hold and conform to provisions of the Act, FCC authorizations, and consequently, Dated: March 18, 2021. Rules, and Commission policies. whether license authorizations should Hubbard has been convicted of six Michal Freedhoff, be revoked under sections 312(a)(2) and felonies, raising a material and Acting Assistant Administrator, Office of 312(c) of the Communications Act of substantial question of fact as to Chemical Safety and Pollution Prevention. 1934 (Act), 47 U.S.C. 312(a)(2) and whether he, and by extension, ANI, [FR Doc. 2021–06058 Filed 3–23–21; 8:45 am] 312(c) for stations WANI(AM), Opelika, possess the character qualifications to BILLING CODE 6560–50–P AL, WGZZ(FM), Waverly, AL, W242AX, operate the Stations in the public Auburn, AL, W254AY, Auburn, AL, interest, or to hold any other W294AR, Auburn, AL (Stations). The Commission authorization. Therefore, a hearing proceeding will also determine hearing is required to ascertain whether

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ANI and Hubbard possess requisite order is requested. Under section 1.246 to Show Cause and Notice of character qualifications of a of the Rules, 47 CFR 1.246, any party Opportunity for Hearing, a written Commission licensee, whether ANI’s may serve written requests for appearance stating its intention to Commission authorizations should be admission of the genuineness of appear at the hearing and present revoked, and whether the Application relevant documents or truth of relevant evidence on the issues specified above. should be granted. matters of fact. During the initial status 10. It is further ordered, pursuant to 4. To prevent licensees from evading conference the presiding officer will set section 1.221(c) of the Commission’s consequences of wrongdoing by selling deadlines for: Motions, discovery, if Rules, that if Auburn Network, Inc. or station licenses, Jefferson Radio applicable, the parties’ affirmative case, Michael G. Hubbard fails to file a prohibits the assignment of a license responsive case, reply case, and written appearance within the time when character qualification issues lie protective order, if requested, pursuant specified above, or has not filed prior to pending against the assignor. There is to 47 CFR 1.294, 1.248(b), and 1.371– the expiration of that time a petition to no compelling public interest that 1.377. In accordance with section 1.248 dismiss without prejudice, or a petition would warrant the Commission’s of the Rules, 47 CFR 1.248, and unless to accept, for good cause shown, such exemption of ANI from Jefferson Radio. the parties agree otherwise, an official written appearance beyond expiration of ANI likewise has not demonstrated a transcript of all case conferences will be said 20 days, the Administrative Law compelling public interest consideration made. The Commission also amended Judge shall expeditiously dismiss the that would warrant grant of an equitable section 1.351 of the Rules, 47 CFR captioned applications with prejudice exception to Jefferson Radio. Hubbard’s 1.351, to adopt the evidentiary standard for failure to prosecute. six felony convictions present a set forth in the formal APA hearing 11. It is further ordered, pursuant to substantial and material question as to requirements which states that oral or sections 1.92(c) of the Commission’s whether Hubbard and ANI have the documentary evidence may be adduced, Rules, that if Auburn Network, Inc. and/ requisite character qualifications to hold but the presiding officer shall exclude or Michael G. Hubbard, fails to file a a broadcast license, therefore, the irrelevant, immaterial, or unduly written appearance within the time Jefferson Radio policy will apply to the repetitious evidence. Persons or entities specified above, or has not filed prior to pending assignment application. seeking status as a party in interest in the expiration of that time a petition to 5. Section 309(e), 47 U.S.C. 309(e), this proceeding must file a petition to dismiss without prejudice, or a petition requires a ‘‘full hearing in which the intervene in accordance with 47 CFR to accept, for good cause shown, such applicant and all other parties in 1.223(a). Anyone else seeking to written appearance beyond expiration of interest shall be permitted to participate in the hearing as a party may said 20 days, the right to a hearing shall participate.’’ The Commission and file a petition for leave to intervene in be deemed waived. Where a hearing is courts have held that the hearing need accordance with 47 CFR 1.223(b). waived, the Administrative Law Judge not be a trial-type evidentiary hearing 8. Accordingly, it is ordered, that shall issue an order terminating the meeting the standards of sections 554 pursuant to sections 309(e), 312(a), hearing proceeding and certifying the and 556 of the Administrative 312(c), and 319 of the Act, of the case to the Commission. Procedure Act, 5 U.S.C. 554, 556. The Communications Act of 1934, as 12. It is further ordered that the Chief, Commission has repeatedly observed amended, the captioned authorizations Enforcement Bureau, is made a party to that trial-type hearings impose and application are designated for a this proceeding without the need to file significant burdens and delays, both on hearing in a consolidated proceeding a written appearance. applicants and the agency. before the FCC Administrative Law 13. It is further ordered that, in 6. Based on the information before us, Judge, at a time and place to be accordance with section 312(d) of the we believe this matter can be adequately specified in a subsequent order, upon Communications Act of 1934, as resolved on a written record, or a the following issues: (a) To determine amended, and section 1.91(d) of the ‘‘paper’’ hearing. The Commission the effects, if any, of Michael G. Commission’s Rules, the burden of recently supplemented its formal Hubbard’s felony convictions on his proceeding with the introduction of hearing process to expand, in qualifications and thus the evidence and the burden of proof with appropriate cases, procedures for qualifications of Auburn Network, Inc. respect to the issues at paragraph 31 (a)– hearings based on written submissions to be a Commission licensee. (b) To (c) shall be upon the Commission’s and documentary evidence. The determine whether Michael G. Hubbard Enforcement Bureau. presiding officer will issue an initial and thus Auburn Network, Inc. is 14. It is further ordered that, in decision based on the record and qualified to be a Commission licensee; accordance with section 309(e) of the pursuant to sections 312(a) and 312(d) (c) To determine whether Auburn Communications Act of 1934, as of the Act, 47 U.S.C. 312(a), 312(d), and Network, Inc.’s Commission amended, and section 1.254 of the sections 1.267 and 1.274(c) of the Rules, authorizations should be revoked; and Commission’s Rules, the burden of 47 CFR 1.267 and 1.274(c). (d) To determine whether the captioned proceeding with the introduction of 7. The initial case order shall inform application for original construction evidence and the burden of proof with the parties to file notices of appearance permit for a new FM translator station respect to the issue at paragraph 31(d) pursuant to section 1.91(c) of the Rules, at Auburn, Alabama should be granted, of the Order shall be upon Auburn 47 CFR 1.91(c), and shall place parties denied, or dismissed. Network, Inc. and Michael G. Hubbard,. on notice that they must be cognizant of 9. It is further ordered that pursuant 15. It is further ordered that a copy of Part I of the Rules, 47 CFR part 1, to sections 1.91(c) and 1.221(c) of the each document filed in this proceeding supbarts A and B. The initial case order Commission’s Rules, in order to avail subsequent to the date of adoption of will also set the date for a status itself of the opportunity to be heard and this Hearing Designation Order, Order to conference and will establish a deadline the right to present evidence at a Show Cause and Notice of Opportunity for each party’s submission indicating: hearing in these proceedings, Auburn for Hearing shall be served on the (a) Whether discovery is expected and a Network, Inc. and/or Michael G. counsel of record appearing on behalf of proposed discovery schedule; (b) Hubbard, in person or by an attorney, the Chief, Enforcement Bureau. Parties preliminary motions; (c) proposed case shall file within 20 days of the release may inquire as to the identity of such schedule; and whether a protective of this Hearing Designation Order, Order counsel by calling the Investigations &

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Hearings Division of the Enforcement Parties: Neptune Pacific Direct Line and Injury Prevention and Control Bureau at (202) 418–1420. Such service Pte. Ltd. and Pacific Forum Line Special Emphasis Panel (SEP)—RFA– copy shall be addressed to the named (Group) Limited. IP–21–001, Promoting the Importance of counsel of record, Investigations & Filing Party: David Monroe; GKG Law. Infant and Childhood Vaccination Hearings Division, Enforcement Bureau, Synopsis: The amendment updates Among Pregnant Women by Prenatal Federal Communications Commission, the commencement date of the slot Care Providers; and RFA–IP–21–002, US 45 L Street NE, Washington, DC 20554. charter arrangement. Enhanced Surveillance Network to 16. It is further ordered that the Proposed Effective Date: 3/17/2021. Assess Burden, Natural History, and parties to the captioned applications Location: https://www2.fmc.gov/ Effectiveness of Vaccines to Prevent shall, pursuant to section 311(a)(2) of FMC.Agreements.Web/Public/ Enteric and Respiratory Viruses in the Communications Act of 1934, as AgreementHistory/39509. Children; April 13–14, 2021, 10 a.m.–5 amended, and section 73.3594 of the Agreement No.: 201356–001. p.m., EDT, Teleconference, Centers for Commission’s Rules, give notice of the Agreement Name: PFLG/NPDL Slot Disease Control and Prevention, Room hearing within the time and in the Charter Agreement. 1080, 8 Corporate Square Boulevard, manner prescribed in such Rule, and Parties: Neptune Pacific Direct Line shall advise the Commission of the Atlanta, Georgia 30329–4027. The Pte. Ltd. and Pacific Forum Line satisfaction of such requirements as meeting was published in the Federal (Group) Limited. mandated by section 73.3594 of the Register on January 11, 2021, Volume Commission’s Rules. Filing Party: David Monroe; GKG Law. 86, Number 6, page 1976. 17. It is further ordered that copies of Synopsis: The amendment updates The meeting is being amended to the commencement date of the slot this Hearing Designation Order, Order to change the title and meeting date of the charter arrangement. Show Cause and Notice of Opportunity special emphasis panel from RFA–IP– Proposed Effective Date: 3/17/2021. for Hearing shall be sent via Certified 21–001, Promoting the Importance of Location: https://www2.fmc.gov/ Mail, Return Receipt Requested, and by Infant and Childhood Vaccination FMC.Agreements.Web/Public/ regular first-class mail to Michael G. Among Pregnant Women by Prenatal AgreementHistory/39510. Hubbard, Auburn Network, Inc., P.O. Care Providers; and RFA–IP–21–002, US Box 950, Auburn, AL 36831, and M. Agreement No.: 201358–001. Enhanced Surveillance Network to Scott Johnson, 5028 Wisconsin Avenue Agreement Name: NPDL/ANLS Slot Assess Burden, Natural History, and NW, Suite 301, Washington, DC 20016. Charter Agreement. Effectiveness of Vaccines to Prevent 18. It is further ordered that the Parties: Neptune Pacific Direct Line Enteric and Respiratory Viruses in Secretary of the Commission shall cause Pte. Ltd. and ANL Singapore Pte Ltd. Children; April 13–14, 2021, 10 a.m.–5 to have this Hearing Designation Order, Filing Party: David Monroe; GKG Law. p.m., EDT to RFA–IP–21–001, Order to Show Cause and Notice of Synopsis: The amendment updates Opportunity for Hearing or a summary Promoting the Importance of Infant and the commencement date of the slot Childhood Vaccination Among Pregnant thereof published in the Federal charter arrangement. Register. Women by Prenatal Care Providers; and Proposed Effective Date: 3/17/2021. RFA–IP–21–003, Collaborative Research Federal Communications Commission. Location: https://www2.fmc.gov/ on Influenza, Coronavirus Disease 2019 FMC.Agreements.Web/Public/ Thomas Horan, (COVID–19), and Other Respiratory AgreementHistory/40502. Chief of Staff, Media Bureau. Pathogens in South Africa; May 13, [FR Doc. 2021–05983 Filed 3–23–21; 8:45 am] Dated: March 19, 2021. 2021, 10 a.m.–5 p.m., EDT. The meeting BILLING CODE 6712–01–P Rachel E. Dickon, is closed to the public. Secretary. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–06098 Filed 3–23–21; 8:45 am] Gregory Anderson, M.S., M.P.H., FEDERAL MARITIME COMMISSION Billing Code 3760–02 Scientific Review Officer, CDC, 1600 Notice of Agreements Filed Clifton Road NE, Mailstop US8–1, Atlanta, Georgia 30329–4027, (404) 718– The Commission hereby gives notice DEPARTMENT OF HEALTH AND 8833, [email protected]. of the filing of the following agreements HUMAN SERVICES under the Shipping Act of 1984. The Director, Strategic Business Interested parties may submit Centers for Disease Control and Initiatives Unit, Office of the Chief comments, relevant information, or Prevention Operating Officer, Centers for Disease documents regarding the agreements to Control and Prevention, has been Disease, Disability, and Injury the Secretary by email at Secretary@ delegated the authority to sign Federal Prevention and Control Special fmc.gov, or by mail, Federal Maritime Register notices pertaining to Emphasis Panel (SEP)—RFA–IP–21– Commission, Washington, DC 20573. announcements of meetings and other 001, Promoting the Importance of Comments will be most helpful to the committee management activities, for Infant and Childhood Vaccination Commission if received within 12 days both the Centers for Disease Control and Among Pregnant Women by Prenatal of the date this notice appears in the Care Providers; and RFA–IP–21–002, Prevention and the Agency for Toxic Federal Register. Copies of agreements US Enhanced Surveillance Network to Substances and Disease Registry. are available through the Commission’s Assess Burden, Natural History, and website (www.fmc.gov) or by contacting Kalwant Smagh, Effectiveness of Vaccines To Prevent the Office of Agreements at (202) 523– Director, Strategic Business Initiatives Unit, Enteric and Respiratory Viruses in 5793 or [email protected]. Office of the Chief Operating Officer, Centers Children; Amended Notice of Meeting Agreement No.: 201355–001. for Disease Control and Prevention. Agreement Name: NPDL/PFLG Slot Notice is hereby given of a change in [FR Doc. 2021–06006 Filed 3–23–21; 8:45 am] Charter Agreement. the meeting of the Disease, Disability, BILLING CODE 4163–18–P

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