58566 Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Notices 

Section XII.A of the proposed Final 

Judgment states: 

Unless such transaction is otherwise 

subject to the reporting and waiting period 

requirements of the Hart-Scott-Rodino 

Antitrust Improvements Act of 1976, as 

amended, 15 U.S.C. 18a (the ‘‘HSR Act’’), 

ABI, without providing at least sixty (60) 

calendar days advance notification to the 

United States, shall not directly or indirectly 

acquire or license a Covered Interest in or 

from a Covered Entity; provided, however, 

that advance notification shall not be 

required for acquisitions of the type 

addressed in 16 CFR 802.1 and 802.9. 

As defined in Section II.I of the 

proposed Final Judgment, a Covered 

Interest ‘‘means any non-ABI Beer 

brewing assets or any non-ABI Beer 

brand assets of, or any interest in 

(including any financial, security, loan, 

equity, intellectual property, or 

management interest), a Covered Entity; 

except that a Covered Interest shall not 

include (i) a Beer brewery or Beer brand 

located outside the United States that 

does not generate at least $7.5 million 

in annual gross revenue from Beer sold 

for resale in the United States; or (ii) a 

license to distribute a non-ABI Beer 

brand where said distribution license 

does not generate at least $3 million in 

annual gross revenue in the United 

States.’’ As defined in Section II.H of the 

proposed Final Judgment, a Covered 

Entity ‘‘means any Beer brewer, 

importer, or brand owner (other than 

ABI) that derives more than $7.5 million 

in annual gross revenue from Beer sold 

for further resale in the United States, or 

from license fees generated by such Beer 

sales.’’ 

Accordingly, if by acquiring a beer 

distributor, (1) ABI were to acquire a 

license to distribute a non-ABI beer 

brand from a brewer, importer, or brand 

owner that derives more than $7.5 

million in annual gross revenue from 

beer sales (sold for further resale) in the 

United States, and (2) the license to 

distribute the non-ABI beer brand 

generates at least $3 million in actual 

gross revenue in the United States, ABI 

will have acquired a Covered Interest in 

a Covered Entity, thus triggering the 

notice provisions of Section XII. 

The Department notes that 

Commenter National Beer Wholesalers 

Association has requested that the 

Department provide its requested 

clarification in this response to public 

comments and has not requested that 

the proposed Final Judgment be 

modified in any respect. The 

Department agrees that modification of 

the proposed Final Judgment is 

unnecessary. 

V. Conclusion 

After reviewing the public comments, 

the United States continues to believe 

that the proposed Final Judgment, as 

drafted, provides an effective and 

appropriate remedy for the antitrust 

violations alleged in the Complaint, and 

is therefore in the public interest. The 

United States will move this Court to 

enter the proposed Final Judgment after 

it has posted all public comments and 

this response on the Antitrust Division 

Web site and published in the Federal 

Register this response and the Web site 

address at which the public comments 

will be posted. 

Dated: September 13, 2013 

Respectfully submitted, 

/s/Michelle R. Seltzer 

Michelle R. Seltzer (D.C. Bar No. 475482), 

U.S. Department of Justice, Antitrust 

Division, Litigation I Section, 450 Fifth 

Street, NW., Suite 4100, Washington, DC 

20530, Telephone: (202) 353–3865, 

Facsimile: (202) 307–5802, Email: 

michelle.seltzer@usdoj.gov 

Certificate of Service 

I, Michelle R. Seltzer, hereby certify 

that on September 13, 2013, I caused a 

copy of Plaintiff United States’s 

Response to Public Comments to be 

filed and served upon all counsel of 

record by operation of the CM/ECF 

system for the United States District 

Court for the District of Columbia. 

Additionally, a copy of the foregoing 

was delivered via email to the duly 

authorized legal representatives of the 

defendants, as follows: 

Counsel for Defendant Anheuser-Busch 

InBev SA/NV and Grupo Modelo, S.A.B. 

de C.V.: 

Steven C. Sunshine, Esq., 

Skadden, Arps, Slate, Meagher & Flom 

LLP, 1440 New York Avenue NW., 

Washington, DC 20005, Telephone: 

202–371–7860, Fax: 202–661–0560, 

Email: steve.sunshine@skadden.com. 

Counsel for Defendant Constellation 

Brands, Inc.: 

Raymond A. Jacobsen, Jr., Esq., 

McDermott Will & Emery, The 

McDermott Building, 500 North Capitol 

Street, NW., Washington, DC 20001, 

Telephone: 202–756–8028, Fax: 202– 

756–8087, Email: 

rayjacobsen@mwe.com. 

/s/Michelle R. Seltzer 

Michelle R. Seltzer (D.C. Bar No. 475482), 

U.S. Department of Justice, Antitrust 

Division, Litigation I Section, 450 Fifth 

Street, NW., Suite 4100, Washington, DC 

20530, Telephone: (202) 353–3865, 

Facsimile: (202) 307–5802, Email: 

michelle.seltzer@usdoj.gov. 

[FR Doc. 2013–23199 Filed 9–23–13; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Securing 

Financial Obligations Under the 

Longshore and Harbor Workers’ 

Compensation Act and its Extensions 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Office of 

Workers’ Compensation Programs 

(OWCP) sponsored information 

collection request (ICR) titled, ‘‘Securing 

Financial Obligations Under the 

Longshore and Harbor Workers’ 

Compensation Act and its Extensions,’’ 

to the Office of Management and Budget 

(OMB) for review and approval for 

continued use, without change, in 

accordance with the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

3501 et seq.). 

DATES: Submit comments on or before 

October 24, 2013. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained free of charge from the 

RegInfo.gov Web site at http:// 

www.reginfo.gov/public/do/ 

PRAViewICR?ref_nbr=201306-1240-003 

(this link will only become active on the 

day following publication of this notice) 

or by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for DOL–OWCP, Office of 

Management and Budget, Room 10235, 

725 17th Street NW., Washington, DC 

20503, Fax: 202–395–6881 (this is not a 

toll-free number), email: 

OIRA_submission@omb.eop.gov. 

Commenters are encouraged, but not 

required, to send a courtesy copy of any 

comments to the U.S. Department of 

Labor-OASAM, Office of the Chief 

Information Officer, Attn: Information 

Management Program, Room N1301, 

200 Constitution Avenue NW., 

Washington, DC 20210, email: 

DOL_PRA_PUBLIC@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Michel Smyth by telephone at 

202–693–4129 (this is not a toll-free 

number) or by email at 

DOL_PRA_PUBLIC@dol.gov. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Notices 58567 

SUPPLEMENTARY INFORMATION: The 

Longshore and Harbor Workers’ 

Compensation Act requires a covered 

employer to secure the payment of 

compensation under the Act and its 

extensions by purchasing insurance 

from a carrier authorized by the 

Secretary of Labor to write Longshore 

Act insurance, or by becoming an 

authorized self-insured employer. See 

33 U.S.C. 932. Each authorized 

insurance carrier or carrier seeking 

authorization is required to establish 

annually that its Longshore Act 

obligations are fully secured through an 

applicable state guaranty or analogous 

fund, a deposit of security with the 

Division of Longshore and Harbor 

Workers’ Compensation (DLHWC), or a 

combination of both. Similarly, each 

authorized self-insurer or employer 

seeking authorization is required fully 

to secure its Longshore Act obligations 

by depositing security with the DLHWC. 

These requirements are designed to 

assure the prompt and continued 

payment of compensation and other 

benefits by the responsible carrier or 

self-insurer to injured workers and their 

survivors. Forms associated with this 

information collection (Forms LS–275 

IC, Agreement and Undertaking 

(Insurance Carrier); LS–275 SI, 

Agreement and Undertaking (SelfInsured Employer); and LS–276, 

Application for Security Deposit 

Determination) obtain information used 

to determine appropriate security 

deposit amounts and to insure 

compliance with the security deposit 

requirements. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1240–0005. 

OMB authorization for an ICR cannot 

be for more than three (3) years without 

renewal, and the current approval for 

this collection is scheduled to expire on 

November 30, 2013. The DOL seeks to 

extend PRA authorization for this 

information collection for three (3) more 

years, without any change to existing 

requirements. It should also be noted 

that existing information collection 

requirements submitted to the OMB 

receive a month-to-month extension 

while they undergo review. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

June 12, 2013 (78 FR 35326). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1240– 

0005. The OMB is particularly 

interested in comments that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: DOL–OWCP. 

Title of Collection: Securing Financial 

Obligations Under the Longshore and 

Harbor Workers’ Compensation Act and 

its Extensions. 

OMB Control Number: 1240–0005. 

Affected Public: Private Sector— 

businesses or other for-profits and notfor-profit institutions. 

Total Estimated Number of 

Respondents: 476. 

Total Estimated Number of 

Responses: 668. 

Total Estimated Annual Burden 

Hours: 454. 

Total Estimated Annual Other Costs 

Burden: $344. 

Dated: September 18, 2013. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2013–23187 Filed 9–23–13; 8:45 am] 

BILLING CODE 4510–CF–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

[Docket Number MSHA–2013–0037] 

Criteria to Certify Coal Mine Rescue 

Teams 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is requesting 

comments on revised instruction guides 

for coal mine rescue team training. 

MSHA prescribes training materials 

through the issuance of instruction 

guides. Existing standards for coal mine 

rescue teams include criteria for mine 

operators to certify the qualifications of 

these teams. The Mine Improvement 

and New Emergency Response (MINER) 

Act of 2006 requires MSHA to update 

these criteria every 5 years; this 

requirement applies only to coal mine 

rescue teams. The revised instruction 

guides update existing mine rescue 

training materials referenced in the 

criteria to certify coal mine rescue team 

qualifications. The revised instruction 

guides provide improved advanced 

mine rescue training for coal mine 

rescue teams by including additional 

exercises to provide more hands-on 

skills training to enhance team 

performance when responding to an 

actual mine emergency. 

DATES: Comments must be received by 

midnight Eastern Standard Time on 

November 25, 2013. 

ADDRESSES: Submit comments and 

supporting documents by any of the 

following methods: 

• Federal E-Rulemaking Portal:http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments 

for Docket Number MSHA–2013–0037. 

• Mail: Send comments to MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, VA 22209–3939. 

• Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, VA between 9:00 

a.m. and 5:00 p.m. Monday through 

Friday, except Federal holidays. Sign in 

at the receptionist’s desk on the 21st 

floor. 

Instructions: Because comments will 

not be edited to remove any identifying 

or contact information, MSHA cautions 

the commenter against including any 

information in the submission that 

should not be publicly disclosed. 

FOR FURTHER INFORMATION CONTACT: 

George F. Triebsch, Director, Office of 

mstockstill on DSK4VPTVN1PROD with NOTICES