57448 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 

requirements, interventions, protests, 

service, and qualifying facilities filings 

can be found at: http://www.ferc.gov/ 

docs-filing/efiling/filing-req.pdf. For 

other information, call (866) 208–3676 

(toll free). For TTY, call (202) 502–8659. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Dated: August 17, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–18109 Filed 8–22–23; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[CERCLA–02–2023–2003; FRL–11171–01– 

R2] 

Proposed CERCLA Cost Recovery 

Settlement for the Frankfort Asbestos 

Superfund Site, Village of Frankfort, 

Herkimer County, New York 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980, as amended (‘‘CERCLA’’), 

notice is hereby given by the U.S. 

Environmental Protection Agency 

(‘‘EPA’’), Region 2, of a proposed cost 

recovery settlement agreement 

(‘‘Settlement’’) pursuant to CERCLA, 

with Crown Container Transfer Station 

Co., Inc. (‘‘Settling Party’’) for the 

Frankfort Asbestos Superfund Site 

(‘‘Site’’), located in the Village of 

Frankfort, Herkimer County, New York. 

DATES: Comments must be submitted on 

or before September 22, 2023. 

ADDRESSES: Requests for copies of the 

proposed Settlement and submission of 

comments must be via electronic mail. 

Comments should reference the 

Frankfort Asbestos Superfund Site, 

Frankfort, Herkimer County, New York, 

Index No. CERCLA–02–2023–2003. For 

those unable to communicate via 

electronic mail, please contact the EPA 

employee identified below. 

FOR FURTHER INFORMATION CONTACT: 

Jocelyn Scott, Attorney, Office of 

Regional Counsel, New York/Caribbean 

Superfund Branch, U.S. Environmental 

Protection Agency, 290 Broadway, 17th 

Floor, New York, NY 10007–1866. 

Email: scott.jocelyn@epa.gov Telephone: 

212–637–3179. 

SUPPLEMENTARY INFORMATION: The 

Settling Party will pay $55,000 to the 

EPA Hazardous Substance Superfund in 

partial reimbursement of EPA’s past 

response costs paid in connection with 

the Site. This payment shall be made 

within 30 days of the Effective Date of 

the Settlement. The Settlement includes 

a covenant by EPA not to sue or to take 

administrative action against the 

Settling Party pursuant to section 107(a) 

of CERCLA, 42 U.S.C. 9607(a), with 

regard to EPA’s past response costs as 

provided in the Settlement. For thirty 

(30) days following the date of 

publication of this notice, EPA will 

receive written comments relating to the 

Settlement. EPA will consider all 

comments received and may modify or 

withdraw its consent to the Settlement 

if comments received disclose facts or 

considerations that indicate that the 

proposed Settlement is inappropriate, 

improper, or inadequate. EPA’s 

response to any comments received will 

be available for public inspection at 

EPA Region 2, 290 Broadway, New 

York, New York 10007–1866. 

Pasquale Evangelista, 

Director, Superfund & Emergency 

Management Division U.S. Environmental 

Protection Agency Region 2. 

[FR Doc. 2023–18097 Filed 8–22–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0967; FR ID 164365] 

Information Collection Being Reviewed 

by the Federal Communications 

Commission 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act of 1995 (PRA), the Federal 

Communications Commission (FCC or 

Commission) invites the general public 

and other Federal agencies to take this 

opportunity to comment on the 

following information collections. 

Comments are requested concerning: 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; ways to minimize 

the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

DATES: Written PRA comments should 

be submitted on or before October 23, 

2023. If you anticipate that you will be 

submitting comments but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Cathy Williams, FCC, via email to PRA@

fcc.gov and to Cathy.Williams@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: The FCC 

may not conduct or sponsor a collection 

of information unless it displays a 

currently valid Office of Management 

and Budget (OMB) control number. No 

person shall be subject to any penalty 

for failing to comply with a collection 

of information subject to the PRA that 

does not display a valid OMB control 

number. 

OMB Control No.: 3060–0967. 

Title: Section 79.2, Accessibility of 

Programming Providing Emergency 

Information, and Emergency 

Information; Section 79.105, Audio 

Description and Emergency Information 

Accessibility Requirements for All 

Apparatus; Section 79.106, Audio 

Description and Emergency Information 

Accessibility Requirements for 

Recording Devices. 

Form No.: N/A. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions; and State, 

Local, or Tribal Government. 

Number of Respondents and 

Responses: 158 respondents; 261 

responses. 

Estimated Time per Response: 0.5 to 

5 hours. 

Frequency of Response: Annual and 

on occasion reporting requirements; 


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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 57449 

Recordkeeping requirement; Third party 

disclosure requirement. 

Obligation to Respond: Voluntary. 

The statutory authority for the 

collection is contained in the TwentyFirst Century Communications and 

Video Accessibility Act of 2010, Public 

Law 111–260, 124 Stat. 2751, and 

sections 4(i), 4(j), 303, 330(b), 713, and 

716 of the Communications Act of 1934, 

as amended, 47 U.S.C. 154(i), 154(j), 

303, 330(b), 613, and 617. 

Total Annual Burden: 275 hours. 

Annual Cost Burden: $15,300. 

Needs and Uses: In 2000, the 

Commission adopted rules to require 

video programming distributors (VPDs) 

to make emergency information 

provided in the audio portion of the 

programming accessible to viewers who 

have hearing disabilities. Second Report 

and Order, MM Docket No. 95–176, FCC 

00–136. Later that year, to ensure that 

televised emergency information is 

accessible to viewers who are blind or 

visually impaired, the Commission 

modified its rules to require VPDs to 

make emergency information audible 

when provided in the video portion of 

a regularly scheduled newscast or a 

newscast that interrupts regular 

programming, and to provide an aural 

tone when emergency information is 

provided visually during regular 

programming (e.g., through screen 

crawls or scrolls). Report and Order, 

MM Docket No. 99–339, FCC 00–258. 

In 2013, the Commission adopted 

rules related to accessible emergency 

information and apparatus requirements 

for emergency information and video 

description. Report and Order and 

Further Notice of Proposed Rulemaking, 

MB Docket Nos. 12–107 and 11–43, FCC 

13–45. Specifically, the Commission’s 

rules require that VPDs and video 

programming providers (VPPs) 

(including program owners) make 

emergency information accessible to 

individuals who are blind or visually 

impaired by using a secondary audio 

stream to convey televised emergency 

information aurally, when such 

information is conveyed visually during 

programming other than newscasts. The 

Commission’s rules also require certain 

apparatus that receive, play back, or 

record video programming to make 

available audio description services and 

accessible emergency information. 

In 2015, the Commission adopted 

rules to require the following: (1) 

apparatus manufacturers must provide a 

mechanism that is simple and easy to 

use for activating the secondary audio 

stream to access audible emergency 

information; and (2) starting no later 

than July 10, 2017, multichannel video 

programming distributors (MVPDs) 

must pass through the secondary audio 

stream containing audible emergency 

information when it is provided on 

linear programming accessed on second 

screen devices (e.g., tablets, 

smartphones, laptops and similar 

devices) over their networks as part of 

their MVPD services. Second Report 

and Order and Second Further Notice of 

Proposed Rulemaking, MB Docket No. 

12–107, FCC 15–56. 

Finally, in 2020, the Commission 

adopted rules that included 

modernizing the term ‘‘video 

description’’ in the subject rules to the 

more widely understood ‘‘audio 

description.’’ Report and Order, MB 

Docket No. 11–43, FCC 20–155. These 

rules are codified at 47 CFR 79.2, 

79.105, and 79.106. 

Information Collection Requirements 

(a) Complaints alleging violations of 

the emergency information rules. 

Section 79.2(c) of the Commission’s 

rules provides that a complaint alleging 

a violation of § 79.2 of its rules, may be 

transmitted to the Consumer and 

Governmental Affairs Bureau by any 

reasonable means, such as the 

Commission’s online informal 

complaint filing system, letter, facsimile 

transmission, telephone (voice/TRS/ 

TTY), internet email, audio-cassette 

recording, Braille, or some other method 

that would best accommodate the 

complainant’s disability. After the 

Commission receives the informal 

complaint, the Commission notifies the 

VPD or VPP of the complaint, and the 

VPD or VPP has 30 days to reply. 

(b) Complaints alleging violations of 

the apparatus emergency information 

and audio description requirements. 

Complaints alleging violations of the 

rules containing apparatus emergency 

information and audio description 

requirements, 47 CFR 79.105–79.106, 

may be transmitted to the Consumer and 

Governmental Affairs Bureau by any 

reasonable means, such as the 

Commission’s online informal 

complaint filing system, letter in writing 

or Braille, facsimile transmission, 

telephone (voice/TRS/TTY), email, or 

some other method that would best 

accommodate the complainant’s 

disability. Given that the population 

intended to benefit from the rules 

adopted will be blind or visually 

impaired, if a complainant calls the 

Commission for assistance in preparing 

a complaint, Commission staff will 

document the complaint in writing for 

the consumer. The Commission will 

forward such complaints, as 

appropriate, to the named manufacturer 

or provider for its response, as well as 

to any other entity that Commission 

staff determines may be involved, and 

may request additional information 

from any relevant parties when, in the 

estimation of Commission staff, such 

information is needed to investigate the 

complaint or adjudicate potential 

violations of Commission rules. 

(c) Requests for Commission 

determination of technical feasibility of 

emergency information and audio 

description apparatus requirements. 

The requirements pertaining to 

apparatus designed to receive or play 

back video programming apply only to 

the extent they are ‘‘technically 

feasible.’’ Parties may raise technical 

infeasibility as a defense when faced 

with a complaint alleging a violation of 

the apparatus requirements or they may 

file a request for a ruling under 

section 1.41 of the Commission’s rules 

as to technical infeasibility before 

manufacturing or importing the product. 

(d) Requests for Commission 

determination of achievability of 

emergency information and audio 

description apparatus requirements. 

The requirements pertaining to 

certain apparatus designed to receive, 

play back, or record video programming 

apply only to the extent they are 

achievable. Manufacturers of apparatus 

that use a picture screen of less than 13 

inches in size and of recording devices 

may petition the Commission, pursuant 

to 47 CFR 1.41, for a full or partial 

exemption from the audio description 

and emergency information 

requirements before manufacturing or 

importing the apparatus. Alternatively, 

manufacturers may assert that a 

particular apparatus is fully or partially 

exempt as a response to a complaint, 

which the Commission may dismiss 

upon a finding that the requirements of 

this section are not achievable. A 

petition for exemption or a response to 

a complaint must be supported with 

sufficient evidence to demonstrate that 

compliance with the requirements is not 

achievable (meaning with reasonable 

effort or expense), and the Commission 

will consider four specific factors when 

making such a determination. 

(e) Petitions for purpose-based 

waivers of emergency information and 

audio description apparatus 

requirements. 

The Commission may waive 

emergency information and audio 

description apparatus requirements for 

any apparatus or class of apparatus that 

is (a) primarily designed for activities 

other than receiving or playing back 

video programming transmitted 

simultaneously with sound, or (b) 

designed for multiple purposes, capable 

of receiving or playing video 

programming transmitted 


lotter on DSK11XQN23PROD with NOTICES1
57450 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 

simultaneously with sound but whose 

essential utility is derived from other 

purposes. The Commission will address 

any requests for a purpose-based waiver 

on a case-by-case basis, and waivers will 

be available prospectively for 

manufacturers seeking certainty prior to 

the sale of a device. 

(f) Submission and review of 

consumer eligibility to receive an 

accessible set-top box. 

The Commission granted DIRECTV a 

waiver with respect to the set-top box 

models on which it is not able to 

implement audio functionality for 

emergency information, but conditioned 

such relief by requiring DIRECTV to 

provide, upon request and at no 

additional cost to customers who are 

blind or visually impaired, a set-top box 

model that is capable of providing aural 

emergency information. DIRECTV may 

require customers who are blind or 

visually impaired to submit reasonable 

documentation of disability to DIRECTV 

as a condition to providing the box at 

no additional cost. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2023–18091 Filed 8–22–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MB Docket No. 23–267; DA 23–678; FR ID 

165332] 

Designating Applications To Renew 

Low Power Television Stations 

Licensed to Jennifer Juarez 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice; Hearing Designation 

Order/Order to Show Cause 

SUMMARY: In this document, the Media 

Bureau of the Federal Communications 

Commission commences a hearing 

proceeding to determine, among other 

things, if the named licensee, Jennifer 

Juarez, and Antonio Cesar Guel, former 

licensee through his ownership of 

Hispanic Christian Community 

Network, Inc. (HCCN): lacked candor 

and misrepresented material facts to the 

Commission; abused FCC processes by 

engaging in a sham assignment of 

stations that apparently allowed Guel’s 

improper and continued control of 

them; possess the requisite character 

qualifications to be a Commission 

licensee and, as a result, whether the 

stations’ renewal applications should be 

denied/dismissed and the stations 

cancelled or revoked, whether to impose 

forfeitures against the parties, and 

whether to issue an order directing 

Guel/HCCN to cease and desist from 

violating provisions of Commission 

rules and the Communications Act of 

1934, as amended. 

DATES: Each party to the proceeding 

(except for the Chief, Enforcement 

Bureau), in person or by counsel, shall 

file with the Commission, by August 31, 

2023, a written appearance stating the 

party will appear on the date fixed for 

hearing and present evidence on the 

issues specified herein. 

FOR FURTHER INFORMATION CONTACT: 

Dana E. Leavitt, Video Division, Media 

Bureau at (202) 418–1317 or 

Dana.Leavitt@fcc.gov. For additional 

information concerning the Paperwork 

Reduction Act (PRA) information 

collection requirements contained in 

this document, contact Cathy Williams 

at 202–418–2918, or Cathy.Williams@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Bureau’s HDO in MB 

Docket No. 23–267, DA 23–678, adopted 

and released on August 10, 2023. The 

full text of this document is available for 

download at https://docs.fcc.gov/public/ 

attachments/DA-23-678A1.pdf. To 

request materials in accessible formats 

(braille, large print, computer diskettes, 

or audio recordings), please send an 

email to FCC504@fcc.gov or call the 

Consumer & Government Affairs Bureau 

at (202) 418–0530 (VOICE), (202) 418– 

0432 (TTY). 

Synopsis 

Hearing Designation Order to 

Determine, Inter Alia, Whether HCCN 

and/or Antonio Cesar Guel are Real 

Parties in Interest in Pending 

Applications to Renew Authorizations 

for Low-Power Television Stations 

Licensed to Jennifer Juarez; Whether the 

Parties Engaged in a Sham Transaction 

to Allow HCCN/Guel Continued Control 

of the Stations and Abused Commission 

Processes; Whether the Parties Engaged 

in Misrepresentation and/or Lack of 

Candor Before the Commission; 

Whether the Parties Possess the 

Requisite Character Qualifications to be 

Licensees; and Whether Forfeitures 

Should be Imposed and a Cease and 

Desist Order Should be Issued Against 

HCCN and/or Guel 

In this Order to Show Cause Why A 

Cease and Desist Order Should Not Be 

Issued, Order to Show Cause Why an 

Order of Revocation Should Not Be 

Issued, Hearing Designation Order, 

Notice of Opportunity for Hearing, and 

Notice of Apparent Liability for 

Forfeiture (HDO), the Media Bureau 

(Bureau) of the Federal Communications 

Commission (Commission or FCC) asks 

the ALJ to determine the character 

qualifications of the three designated 

entities, Hispanic Christian Community 

Network, Inc., Antonio Cesar Guel, and 

Jennifer Juarez and whether they 

possess the requisite character 

qualifications to hold broadcast 

licenses, whether to cancel or revoke 7 

low power TV (LPTV) stations, and 

whether to issue a cease and desist 

order against HCCN and Antonio Cesar 

Guel to stop violating the Act and our 

rules. The HDO is the result of an 

investigation that began in 2018 to 

explore the extent to which Hispanic 

Christian Community Network, Inc. 

(HCCN), Antonio Cesar Guel (Guel), and 

Jennifer Juarez (Juarez) may have 

violated provisions of the 

Communications Act of 1934, as 

amended (the Act), and our rules 

pertaining to foreign ownership limits, 

unauthorized transfers of control/realparty-in-interest issues, and truthful 

statements made to the FCC. The HDO 

also provides notice of apparent liability 

against the entities for their respective 

violations and failures to disclose 

material information in their assignment 

application, and lack of candor and 

misrepresentation of material facts in 

responding to Bureau inquiries. 

1. Background 

The Parties: Jennifer Juarez, aka 

‘‘Jenifer’’ Juarez, is the named licensee 

of the Stations. Juarez states she had no 

broadcast experience when she agreed 

in 2010 to acquire the stations from 

HCCN, which was 100% directly owned 

by Antonio Cesar Guel, her uncle. She 

avers that ‘‘Antonio Cesar Guel helps us 

with keeping the stations on air. He 

provides programming from some of the 

churches or pastors that he knows and 

is also our representative with some 

advertising agencies.’’ Juarez further 

avers she has no personnel but that Guel 

‘‘provides a lot of the technical 

assistance and advice I need’’ and she 

receives ‘‘a great deal of help from my 

uncle in getting help with contacts in 

the industry, contracts, programming, 

building the stations, moving the 

stations, etc.’’ Juarez also states that she 

relies on and receives a great deal of 

help from her cousin Maria and some 

help from her cousin Ana (Antonio 

Guel’s daughters), ‘‘as they also are in 

the broadcast business. As a result, I 

have not really had to put much time 

into the stations.’’ Juarez further avers 

she receives ‘‘a great deal of help from 

my attorney and outside engineer,’’ 

neither of whom she names. 

Guel has been a broadcast licensee 

since 2005. He was the 100% owner of 

HCCN, which applied for and bought 


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