Notice of Lodging of Consent Decree Under the Clean Air Act, 9255 [2010-4023]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices (a) The quantity and value (landed, duty-paid but not including antidumping) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from each Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country(ies), provide the following information on your firm’s(s’) operations on that product during calendar year 2009 (report quantity data in metric tons and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Subject Merchandise in each Subject Country (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) The quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in each Subject Country since the Order Date, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; VerDate Nov<24>2008 16:46 Feb 26, 2010 Jkt 220001 development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country(ies), and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: February 24, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–4163 Filed 2–26–10; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Under 28 CFR 50.7, notice is hereby given that on February 22, 2010, a proposed Consent Decree in United States v. Cummins, Inc., case number 1:10–cv–00275, was lodged with the United States District Court for the District of Columbia. The Decree resolves the claims of the United States against Cummins, Inc. (‘‘Cummins’’) for violations of Title II of the Clean Air Act, 42 U.S.C. 7521 et seq. (the ‘‘Act’’). The United States alleged that Cummins sold, offered for sale, or introduced or delivered for introduction into commerce new motor vehicle engines not covered by certificates of conformity, because the engines as actually sold, offered for sale, or introduced or delivered for introduction into commerce are materially different from the engines described in Cummins’ applications for certificates of conformity, in that the engines were not equipped with the required emission PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 9255 control system or aftertreatment device. Under the proposed Decree, Cummins shall: Pay a penalty of $2.1 million, of which $1,680,000 shall be paid to the United States and the remainder to the State of California under a parallel administrative agreement; institute a voluntary recall of the affected engines; retire 167.1 tons of NOX and 30.5 tons of PM, the entire amount of excess pollution attributable to the violation; and dismiss with prejudice a pending Petition for Review in the DC Circuit. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to the Consent Decree between the United States and Cummins, DOJ Ref. No. 90– 5–2–1–09351. During the public comment period, the Decree may be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Decree 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 e-mailing 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 $8.25 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–4023 Filed 2–26–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Modification of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on February 23, 2010, a proposed Consent Decree in United States v. Schlumberger Technology Corporation, Civil Action No. 2:10-cv-00783–TON, D.J. Ref. 90– E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

Department of Justice

[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Page 9255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4023]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on February 22, 
2010, a proposed Consent Decree in United States v. Cummins, Inc., case 
number 1:10-cv-00275, was lodged with the United States District Court 
for the District of Columbia.
    The Decree resolves the claims of the United States against 
Cummins, Inc. (``Cummins'') for violations of Title II of the Clean Air 
Act, 42 U.S.C. 7521 et seq. (the ``Act''). The United States alleged 
that Cummins sold, offered for sale, or introduced or delivered for 
introduction into commerce new motor vehicle engines not covered by 
certificates of conformity, because the engines as actually sold, 
offered for sale, or introduced or delivered for introduction into 
commerce are materially different from the engines described in 
Cummins' applications for certificates of conformity, in that the 
engines were not equipped with the required emission control system or 
aftertreatment device. Under the proposed Decree, Cummins shall: Pay a 
penalty of $2.1 million, of which $1,680,000 shall be paid to the 
United States and the remainder to the State of California under a 
parallel administrative agreement; institute a voluntary recall of the 
affected engines; retire 167.1 tons of NOX and 30.5 tons of 
PM, the entire amount of excess pollution attributable to the 
violation; and dismiss with prejudice a pending Petition for Review in 
the DC Circuit.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
the Consent Decree between the United States and Cummins, DOJ Ref. No. 
90-5-2-1-09351.
    During the public comment period, the Decree may be examined on the 
following Department of Justice Web site, https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Decree 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 e-mailing 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 $8.25 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-4023 Filed 2-26-10; 8:45 am]
BILLING CODE 4410-15-P

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