### 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).


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

**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