16640 Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices 

and, after the investigation, issue an 

exclusion order and cease and desist 

orders. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is available for inspection 

during official business hours (8:45 a.m. 

to 5:15 p.m.) in the Office of the 

Secretary, U.S. International Trade 

Commission, 500 E Street, SW., Room 

112, Washington, DC 20436, telephone 

202–205–2000. Hearing impaired 

individuals are advised that information 

on this matter can be obtained by 

contacting the Commission’s TDD 

terminal on 202–205–1810. Persons 

with mobility impairments who will 

need special assistance in gaining access 

to the Commission should contact the 

Office of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server at http:// 

www.usitc.gov. The public record for 

this investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: The 

Office of Dockets Services, U.S. 

International Trade Commission, 

telephone (202) 205–1802. 

Authority: The authority for 

institution of this investigation is 

contained in section 337 of the Tariff 

Act of 1930, as amended, and in section 

210.10 of the Commission’s Rules of 

Practice and Procedure, 19 CFR 210.10 

(2010). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

March 18, 2011, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain glassware that 

infringes the claims of the ‘213 patent 

and the ‘189 patent, and whether an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337; 

(2) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainant is: Boston Beer 

Corporation, One Design Center Place, 

Boston, MA 02210. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

1 Source Signature Glassware, Inc., 81 

W. Boston Street, Chandler, AZ 

85225. 

di Sciacca Co., 81 W. Boston Street, 

Chandler, AZ 85225. 

San Tan Brewing Co., 8 South Marcos 

Place, Chandler, AZ 85225. 

(c) For the investigation so instituted, 

the Honorable Paul J. Luckern, Chief 

Administrative Law Judge, U.S. 

International Trade Commission, shall 

designate the presiding Administrative 

Law Judge. 

The Office of Unfair Import 

Investigations will not participate as a 

party in this investigation. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d)–(e) and 210.13(a), 

such responses will be considered by 

the Commission if received not later 

than 20 days after the date of service by 

the Commission of the complaint and 

the notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: March 18, 2011. 

James R. Holbein, 

Acting Secretary to the Commission. 

[FR Doc. 2011–6959 Filed 3–23–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of Existing 

Mandatory Safety Standards 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is a 

summary of petitions for modification 

filed by the parties listed below to 

modify the application of existing 

mandatory safety standards published 

in Title 30 of the Code of Federal 

Regulations. 

DATES: All comments on the petitions 

must be received by the Office of 

Standards, Regulations and Variances 

on or before April 25, 2011. 

ADDRESSES: You may submit your 

comments, identified by the petition’s 

‘‘docket number’’ on the subject line, 

using any of the following methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 1–202–693–9441. 

3. Regular Mail: MSHA, Office of 

Standards, Regulations and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939, 

Attention: April E. Nelson, Acting 

Director, Office of Standards, 

Regulations and Variances. 

4. Hand-Delivery or Courier: MSHA, 

Office of Standards, Regulations and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia 22209– 

3939, Attention: April E. Nelson, Acting 

Director, Office of Standards, 

Regulations and Variances. 

MSHA will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 

Individuals who submit comments by 

hand-delivery are required to check in 

at the receptionist desk on the 21st 

floor. 

Individuals may inspect copies of the 

petitions and comments during normal 

business hours at the address listed 

above. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations and Variances at 202–693– 

9447 (Voice), barron.barbara@dol.gov 

(E-mail), or 202–693–9441 (Telefax). 

[These are not toll-free numbers]. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary determines 

that: (1) An alternative method of 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices 16641 

achieving the result of such standard 

exists which will at all times guarantee 

no less than the same measure of 

protection afforded the miners of such 

mine by such standard; or (2) that the 

application of such standard to such 

mine will result in a diminution of 

safety to the miners in such mine. In 

addition, the regulations at 30 CFR 

44.10 and 44.11 establish the 

requirements and procedures for filing 

petitions for modification. 

II. Petitions for Modification 

Docket Number: M–2010–040–C. 

Petitioner: Kingston Mining, Inc., 

Route 1, Box 76–C, Scarbro, West 

Virginia 25917. 

Mine: Kingston No. 1 Mine, MSHA 

I.D. No. 46–08625, located in Fayette 

County, West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

1(b) (Deluge-type water spray systems). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit deluge-type water 

spray systems to be used without blowoff dust covers on the nozzles. The 

petitioner states that: (1) Weekly 

inspections and functional tests of its 

complete deluge-type water spray 

system are currently being conducted at 

the mine; (2) each nozzle is provided 

with a blow-off dust cover; (3) due to 

frequent inspections and functional 

testing of the system, the dust covers are 

not necessary because the nozzles can 

be maintained in an unclogged 

condition through weekly use; and (4) it 

is burdensome to recap the large 

number of covers weekly after each 

inspection and functional test. The 

petitioner proposes to continue its 

weekly inspection and functional 

testing of the complete deluge-type 

water spray system at the Kingston No. 

1 Mine, and to remove the blow-off dust 

covers from the nozzles. The petitioner 

asserts that the proposed alternative 

method will at all times guarantee no 

less than the same measure of protection 

afforded the miners as would be 

provided by the existing standard. 

Docket Number: M–2010–041–C. 

Petitioner: Twentymile Coal LLC, 

Three Gateway Center, Suite 1340, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Foidel Creek Mine, MSHA I.D. 

No. 05–03836, located in Routt County, 

Colorado. 

Regulation Affected: 30 CFR 75.1714– 

2(b) (Self-rescue devices; use and 

location requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to allow 

additional outby storage caches of SelfContained Self-Rescuers (SCSR’s) to be 

stored along normal travelways in lieu 

of carrying one-hour SCSR units by 

pumpers, examiners, and other persons 

who do not have a fixed work location. 

The petitioner seeks modification of the 

existing standard that requires that selfrescue devices be worn or carried at all 

times by each person when 

underground. The petitioner states that: 

(1) Twentymile utilizes three entry 

gateroads for longwall mining. (2) 

Gateroad lengths range from 6,000 feet 

to 20,000 feet. (3) Main entry lengths 

range from 4,000 feet to 8,500 feet. (4) 

Mine examiners travel (walk) belt line 

entries three times per day. (5) 

Maximum SCSR cache spacing is 5700 

feet along primary and alternate 

escapeways. The petitioner further 

states that: (a) Additional SCSR outby 

storage caches will be placed a 

maximum of 2,000 feet apart in beltlines 

and return air courses; (b) these 

additional SCSR outby storage caches 

will have no less than two units 

available for pumpers, examiners, and 

other persons who do not have a fixed 

work location and who would be 

expected to be traveling in the area; (c) 

pumpers, examiners, and other persons 

who do not have a fixed work location 

traveling along the normal travel routes 

will at no time be farther than 1,000 feet 

from a one-hour SCSR; (d) all full time 

personnel are issued and wear or carry 

an Ocenco M–20 SCSR; (e) individuals 

would carry a one-hour SCSR with them 

along with the Ocenco M–20–SCSR 

while traveling in mantrips or other 

mobile equipment; and (f) individuals 

traveling in mantrips or other mobile 

equipment will at no time be farther 

than 1425 feet from additional SCSRs. 

The petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection to all miners as would be 

provided by the standard. 

Docket Number: M–2010–043–C. 

Petitioner: Twentymile Coal LLC, 

Three Gateway Center, Suite 1340, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Foidel Creek Mine, MSHA I.D. 

No. 05–03836, located in Routt County, 

Colorado. 

Regulation Affected: 30 CFR 75.1714– 

4(b) (Additional self-contained selfrescuers (SCSRs). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to allow 

additional mantrip storage caches of 

Self-Contained Self-Rescuers (SCSRs) to 

be stored along travelways in lieu of 

additional SCSRs carried and stored on 

mantrips or mobile equipment. The 

petitioner seeks modification of the 

existing standard that requires 

additional SCSRs on mantrips. The 

petitioner states that: (1) Twentymile 

utilizes diesel pick-up mantrips and 

utility vehicles and diesel material 

haulage equipment for underground 

transportation; (2) Normal mantrip 

travel time to operating sections is less 

than 1 hour; (3) During the winter 

months, outside temperatures reach 40 

degrees below zero Fahrenheit for 

extended periods of time; (4) The 

manufacturer recommends the unit be 

stored at temperatures above 10 degrees 

below zero Fahrenheit; (5) Because of 

such temperatures and the storage of 

SCSRs on the mantrips, there is a 

potential for damage to the SCSRs while 

they are outside the mine; (6) Maximum 

SCSR cache spacing is 5700 feet along 

primary and alternate escapeways; (7) 

Twentymile propose to provide 

additional SCSRs along travelways in 

lieu of additional SCSRs carried and 

stored on mantrips or mobile 

equipment. In that regard, Twentymile 

proposes the following alternative to 

providing additional oxygen along 

travelways: (a) the petitioner will 

provide additional SCSR mantrip 

storage caches placed half way between 

the existing escapeway SCSRs required 

by 30 CFR 75.1502 and 30 CFR 75.1714– 

4(c); (b) these additional SCSR mantrip 

storage caches will have no less than the 

maximum number of individuals that 

can be carried by the largest capacity 

personnel carrier; (c) all full time 

personnel are issued and shall wear or 

carry an Ocenco M–20 SCSR; (d) 

individuals will carry a one-hour SCSR 

with them along with the Ocenco M–20 

SCSR while traveling in mantrips or 

other mobile equipment; (e) individuals 

traveling in mantrips or other mobile 

equipment will at no time be farther 

than 1425 feet from additional SCSRs. 

The petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection to all miners as would be 

provided by the standard. 

Dated: March 18, 2011. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2011–6918 Filed 3–23–11; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of Existing 

Mandatory Safety Standards 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 


emcdonald on DSK2BSOYB1PROD with NOTICES