Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 15341 

By order of the Commission. 

James R. Holbein, 

Acting Secretary to the Commission. 

[FR Doc. 2011–6505 Filed 3–18–11; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of a Stipulated Order 

for Preliminary Relief Pursuant to the 

Clean Water Act 

Notice is hereby given that a proposed 

Stipulated Order for Preliminary Relief 

was lodged on March 15, 2011, with the 

United States District Court for the 

Northern District of California in United 

States of America et al. v. City of 

Alameda, et al., Civ. No. C 09–05684 

RS. 

The United States of America and the 

People of the State of California ex rel. 

California State Water Resources 

Control Board and California Regional 

Water Quality Control Board, San 

Francisco Bay Region (together ‘‘Water 

Boards’’), and Plaintiff-Intervenor San 

Francisco Baykeeper (‘‘Baykeeper’’), 

brought claims under Sections 301 and 

402 of the Clean Water Act, 33 U.S.C. 

1251, et seq., against seven municipal 

defendants, including the City of 

Alameda, the City of Albany, the City of 

Berkeley, the City of Emeryville, the 

City of Oakland, the City of Piedmont 

and the Stege Sanitary District (together 

‘‘Satellite Communities’’). 

The United States, the Water Boards 

and Baykeeper allege that the Satellite 

Communities are in violation of the 

Clean Water Act and their National 

Pollutant Discharge Elimination System 

(‘‘NPDES’’) Permits because they have 

unlawful sanitary sewer overflows 

(‘‘SSOs’’) during wet weather. They also 

allege that the Satellite Communities are 

in violation of the operation and 

maintenance provisions of their NPDES 

Permits because they contribute 

excessive flow to treatment systems 

owned and operated by the East Bay 

Municipal Utilities District (‘‘EBMUD’’), 

which causes EBMUD to violate the 

Clean Water Act and its own NPDES 

permit. 

The proposed Stipulated Order for 

Preliminary Relief complements a 

January 2009 interim settlement with 

EBMUD. Among other things, the 

EBMUD settlement requires EBMUD to 

study flow from the Satellite 

Communities and make 

recommendations to EPA and the Water 

Boards as to how that flow can be 

reduced to prevent discharges from 

three wet weather facilities (‘‘WWFs’’). 

This Stipulated Order for Preliminary 

Relief represents an interim solution 

that will move the parties toward a final 

resolution of the claims in the 

complaint. It will require the Satellite 

Communities to gather information that 

EBMUD will use to determine how to 

reduce flows to its system. It will also 

require the Satellite Communities to 

begin taking steps to reduce inflow and 

infiltration into their collection systems. 

This settlement, together with the 

earlier interim settlement with EBMUD, 

will provide EBMUD, EPA and the 

Water Boards with the information 

necessary to achieve a final settlement 

that will eliminate discharges from the 

WWFs. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Stipulated 

Order for Preliminary Relief. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to United States et al. v. 

City of Alameda et al., DJ No. 90–5–1– 

1–09361/1. 

The proposed Stipulated Order for 

Preliminary Relief may be examined at 

the Region 9 Office of the 

Environmental Protection Agency, 75 

Hawthorne Street, San Francisco, CA, 

94105. During the public comment 

period, the proposed Stipulated Order 

for Preliminary Relief may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Stipulated Order for Preliminary Relief 

may also be obtained by mail from the 

Consent Decree Library, P.O. Box 7611, 

U.S. Department of Justice, Washington, 

DC 20044–7611, or by faxing or emailing a request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$25.00 (25 cents per page reproduction 

cost) payable to the U.S. Treasury. The 

check should refer to United States et al. 

v. City of Alameda, et al., DJ No. 90–5– 

1–1–09361/1. 

Henry Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2011–6534 Filed 3–18–11; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities: Proposed Collection 

Extension; Comment Request; Equal 

Access to Justice Act 

ACTION: Notice. 

SUMMARY: The Department of Labor is 

soliciting comments concerning the 

proposed extension of the information 

collection request (ICR) for applicants to 

obtain awards in administrative 

proceedings subject to the Equal Access 

to Justice Act. 

DATES: Written comments must be 

submitted by May 20, 2011. 

ADDRESSES: Comments may to be 

submitted by mail to the Department of 

Labor/Office of the Solicitor, Attn: 

Raymond E. Mitten, Jr., 200 Constitution 

Avenue, NW., Room N–2428, 

Washington, DC 20210. Comments also 

may be sent by e-mail to 

DOL_PRA_Public@dol.gov. Written 

comments limited to 10 pages or fewer 

may be transmitted by facsimile to (202) 

693–5538. 

FOR FURTHER INFORMATION CONTACT: 

Raymond E. Mitten, Jr., Counsel for 

Administrative Law, Division of 

Management and Administrative Legal 

Services, Office of the Solicitor, 200 

Constitution Ave., NW., Washington, 

DC 20210, telephone (202) 693–5523. 

Copies of the referenced information 

collection request are available in room 

N–1301, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210. A copy of the ICR, with 

applicable supporting documentation, 

may be obtained by calling the 

Department of Labor. To obtain 

documentation, contact Michel Smyth 

at (202) 693–4129 or e-mail: 

Smyth.Michel@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background: The Equal Access to 

Justice Act provides for the award of 

fees and expenses to certain parties 

involved in administrative proceedings 

with the United States. The statute 

requires, at 5 U.S.C. 504(a)(2), that a 

party seeking an award of fees and other 

expenses in a covered administrative 

proceeding must submit to the agency 

‘‘an application which shows that the 

party is the prevailing party and is 

eligible to receive an award’’ under the 

Act. The Department of Labor’s 

regulations implementing the Equal 

Access to Justice Act contain a subpart 

which specifies the contents of 

applications for an award, 29 CFR part 

16, subpart B. 

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