### 22895 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices

beyond the June 30, 2011 expiration of the 2008 CGP.

EPA was unaware of the present need to extend the expiration date of the 2008 CGP when it first modified the 2008 CGP’s expiration date in January 2010 by one year to June 30, 2011. At that time, EPA was under the impression that June 30, 2011 provided sufficient time to finalize a new permit incorporating all of the new C&D rule requirements. However, with the setback of time related to the stay of the 280 NTU limit, EPA needs additional time to complete the permit issuance process as explained above. EPA believes that the proposed extension to January 31, 2012 will provide the Agency with sufficient time to finalize the new CGP.

EPA believes it is imperative that EPA has sufficient time to incorporate the C&D ELG into the new CGP and issue the new CGP prior to the existing permit’s expiration date. If EPA does not issue the new CGP before expiration of the existing permit, no new construction projects may be permitted under the CGP, leaving individual NPDES permits as the only available option for permitting new projects. The sole reliance on individual permits would mean that discharge authorizations would almost certainly be delayed due to the greater amount of time and Agency resources that are required for developing and issuing individual permits. In turn, construction projects that need to begin construction activity on or after midnight June 30, 2011 would be delayed for an uncertain amount of time until EPA can review their individual permit application and issue the necessary permits. Rather than risk detrimental delays to new construction projects, with no clear benefit to our nation’s surface waters, EPA has decided that it is advisable to instead propose a modification to the 2008 CGP to extend the expiration date until January 31, 2012.
D. EPA’s Authority To Modify NPDES
Permits

EPA regulations establish when the permitting authority may make modifications to existing NPDES permits. In relevant part, EPA regulations state that ‘‘ [w]hen the Director receives any information * * * he or she may determine whether or not one or more of the causes listed in paragraph (a) * * * of this section for modification * * * exist. If cause exists, the Director may modify * * * the permit accordingly, subject to the limitations of 40 CFR 124.5(c). ’’ 40 CFR 122.62. For purposes of this Federal Register notice, the relevant cause for modification is at 40 CFR 122.62(a)(2), which states that a permit may be modified when ‘‘ [t]he Director has received new information ’’ and that information was not available at the time of permit issuance * * * and would have justified the application of different permit conditions at the time of issuance. ’’ Pursuant to EPA regulations, ‘‘ [w]hen a permit is modified, only the conditions subject to the modification are reopened. ’’ 40 CFR

122.62.

In the case of the 2008 CGP, a permit modification is justified based on the new information EPA received since it issued the 2008 CGP, and more specifically, since it modified the 2008 CGP in January 2010, in terms of the delay to the permit process associated with the discovery of the numeric limit calculation error and resulting stay to the numeric turbidity limit. If this information was available at the time of issuance of the 2008 CGP, and more specifically, in January 2010 when EPA extended the expiration date to June 30, 2011, it would have justified EPA establishing an expiration date for the 2008 CGP that was later than June 30, 2011. As a result, cause exists under EPA regulations to justify modification of the 2008 CGP to extend the expiration date of the permit from midnight June 30, 2011 to midnight January 31, 2012.

EPA notes that, by law, NPDES permits cannot be extended beyond 5 years. 40 CFR 122.46. The proposed extension of the 2008 CGP complies with this restriction. The 2008 CGP was first issued on June 30, 2008. Assuming the extension of the 2008 CGP is finalized as proposed, the permit would still have been in effect for less than the 5-year limit.

Authority: Clean Water Act, 33 U.S.C. 1251 et seq. Dated: April 12, 2011. H. Curtis Spalding, Regional Administrator, EPA Region 1.

Dated: April 12, 2011. Carl-Axel P. Soderberg, Division Director, Caribbean Environmental Protection Division, EPA Region 2.

Dated: April 12, 2011. Kevin Bricke, Acting Director, Division of Environmental Planning & Protection, EPA Region 2.

Dated: April 12, 2011. Jon M. Capacasa,
Director, Water Protection Division, EPA Region 3.

Dated: April 12, 2011. Tinka G. Hyde, Director, Water Division, EPA Region 5.

Dated: April 12, 2011. Miguel I. Flores, Director, Water Quality Protection Division, EPA Region 6.

Dated: April 12, 2011. Jamie Green, Acting Director, Water, Wetlands and Pesticides Division, EPA Region 7.

Dated: April 11, 2011. Stephen S. Tuber, Assistant Regional Administrator, EPA Region 8.

Dated: April 11, 2011. Alexis Strauss, Director, Water Division, EPA Region 9.

Dated: April 11, 2011 Michael A. Bussell, Director, Office of Water and Watersheds, EPA Region 10.

[FR Doc. 2011–9926 Filed 4–22–11; 8:45 am]

**BILLING CODE 6560–50–P**

**EQUAL EMPLOYMENT OPPORTUNITY COMMISSION** 

**Agency Information Collection Activities: Proposed Collection;**  **Submission for OMB Review**

**AGENCY :**  Equal Employment Opportunity Commission.

**ACTION :**  Final Notice of Submission for OMB Review—Request for an Extension Without Change: State and Local Government Information Report (EEO– 4).

**SUMMARY :**  In accordance with the Paperwork Reduction Act, the Equal Employment Opportunity Commission (EEOC or Commission) hereby gives notice that it has submitted to the Office of Management and Budget (OMB) a request for an extension through 2014 of the existing collection requirements under 29 CFR part 1602, Recordkeeping and Reporting Requirements, under Title VII. The Commission has


### 22896 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices

requested an extension of an existing collection as listed below.

**DATES :**  Written comments on this notice must be submitted on or before May 25,

2011.

**ADDRESSES :**  The Request for Clearance (SF83–I), supporting statement, and the other documents submitted to OMB for this review may be obtained from: Ronald Edwards, Director, Program Research and Surveys Division, 131 M Street NE., Washington, DC 20507. Comments on this final notice must be submitted to Chad A. Lallemand, Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Room 10235, New Executive Office Building, Washington, DC 20503 or electronically mailed to, Chad

_

A

_Lallemand@omb.eop.gov. Copies of comments should be sent to Stephen Llewellyn, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street, NE., Washington, DC
20507. As a convenience to commentors, the Executive Secretariat will accept comments totaling six or fewer pages by facsimile ( ‘‘ FAX’’ ) machine. This limitation is necessary to assure access to the equipment. The telephone number of the fax receiver is (202) 663–4114. (This is not a toll-free number.) Receipt of FAX transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at (202) 663–4070 (voice) or (202) 663–4074 (TTD). (These are not toll-free telephone numbers.) Instead of sending written comments to EEOC, you may submit comments and attachments electronically at http:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. All comments received through this portal will be posted without change, including any personal information you provide. Copies of comments submitted by the public to EEOC directly or through the Federal eRulemaking Portal will be available for review, by advance appointment only, at the Commission’s library between the hours of 9 a.m. and 5 p.m. EST or can be reviewed at http:// www.regulations.gov. To schedule an appointment to inspect the comments at EEOC’s library, contact the library staff at (202) 663–4630 (voice) or (202) 663– 4641 (TTY). (These are not toll-free numbers.)

**FOR FURTHER INFORMATION CONTACT :**  Ronald Edwards, Director, Program Research and Surveys Division, 131 M Street, NE., Room 4SW30F, Washington, DC 20507; (202) 663–4958 (voice) or (202) 663–7063 (TTY).

**SUPPLEMENTARY INFORMATION :**  A notice that EEOC would be submitting this request was published in the Federal Register on February 4, 2011 allowing for a 60-day public comment period. There were no comments received from the public.

Overview of Information Collection

Type of Review: Extension—No change.

OMB Control NO.: 3046–0008. Collection Title: State and Local Government Information Report (EEO– 4).

Frequency of Report: Biennial. Type of Respondent: State and local government jurisdictions with 100 or more Employees.

Description of Affected Public: State and local governments excluding elementary and secondary public school districts.

Number of Responses: 13,456. Reporting Hours: 44,719. Cost to Respondents: $1,045,000. Number of Forms: 1. Form Number: EEOC Form 164. Federal Cost: $187,500. Abstract: Section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e–8(c), requires employers to make and keep records relevant to a determination of whether unlawful employment practices have been or are being committed, to preserve such records, and to produce reports as the Commission prescribes by regulation or order. Accordingly, the EEOC issued regulations, Title 29, Chapter XIV Subpart F, § 1602.30–37, prescribing the reporting requirements for state and local governments. State and local governments with 100 or more employees have been required to submit EEO–4 reports since 1973 (biennially in odd-numbered years since 1993). The individual reports are confidential.

EEO–4 data are used by the EEOC to investigate charges of discrimination against state and local governments and to provide information on the employment status of minorities and women. The data are shared with several other federal agencies. Pursuant to Section 709(d) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e– 8(d), as amended, EEO–4 data is shared with state and local Fair Employment Practices Agencies (FEPAs). Aggregated data are also used by researchers and the general public.

Burden Statement: The estimated number of respondents included in the EEO–4 survey is 9,000 state and local governments. These 9,000 jurisdictions file about 13,456 reports due to the requirement for some to file separate reports by function. The form is estimated to impose 44,719 burden hours biennially.

Dated: April 19, 2011.

For the Commission. Jacqueline A. Berrien,

Chair.

[FR Doc. 2011–9943 Filed 4–22–11; 8:45 am]

**BILLING CODE 6570–01–P**

**EQUAL EMPLOYMENT OPPORTUNITY COMMISSION** 

**Agency Information Collection Activities: Proposed Collection;**  **Submission for OMB Review**

**AGENCY :**  Equal Employment Opportunity Commission.

**ACTION :**  Final Notice of Submission for OMB Review—Extension Without Change: Local Union Report (EEO–3).

**SUMMARY :**  In accordance with the Paperwork Reduction Act, the Equal Employment Opportunity Commission (EEOC or Commission) hereby gives notice that it has submitted to the Office of Management and Budget (OMB) a request for an extension through 2014 of the existing collection requirements under 29 CFR 1602, Recordkeeping and Reporting Requirements, under Title VII. The Commission has requested an extension of an existing collection as listed below.

**DATES :**  Written comments on this notice must be submitted on or before May 25,

2011.

**ADDRESSES :**  The Request for Clearance (SF83–I), supporting statement, and the other documents submitted to OMB for this review may be obtained from: Ronald Edwards, Director, Program Research and Surveys Division, 131 M Street, NE., Washington, DC 20507. Comments on this final notice must be submitted to Chad A. Lallemand, Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Room 10235, New Executive Office Building, Washington, DC 20503 or electronically mailed to, Chad

_

A

_Lallemand@omb.eop.gov. Copies of comments should be sent to Stephen Llewellyn, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street, NE., Washington, DC
20507. As a convenience to commentors, the Executive Secretariat will accept comments totaling six or fewer pages by facsimile ( ‘‘ FAX’’ ) machine. This limitation is necessary to assure access to the equipment. The telephone number of the fax receiver is