Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 34977-34978 [2017-15780]
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Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
1933–1979 MPS), Apalachia Dam Rd.,
Murphy, MP100001459
Hiwassee Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 600 Powerhouse Rd.,
Murphy, MP100001460
Clay County
Chatuge Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 221 Old Ranger Rd.,
Hayesville, MP100001461
Graham County
Fontana Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 1011 Fontana Dam Rd.,
Fontana Dam, MP100001462
TENNESSEE
Carter County
Watauga Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 774 Wilbur Dam Rd.,
Elizabethton, MP100001463
Coffee County
Normandy Dam Project, (Tennessee Valley
Authority Hydroelectric System, 1933–
1979 MPS), Frank Hiles Rd. E of CoffeeBedford County Line, Normandy,
MP100001464
Franklin County
Tims Ford Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 461 Powerhouse Rd.,
Winchester, MP100001465
Hamilton County
Chickamauga Hydroelectric Project,
(Tennessee Valley Authority Hydroelectric
System, 1933–1979 MPS), 5400 Lake
Resort Dr., Chattanooga, MP100001466
Hardin County
Pickwick Landing Hydroelectric Project,
(Tennessee Valley Authority Hydroelectric
System, 1933–1979 MPS), 850 Carolina
Ln., Counce, MP100001467
mstockstill on DSK30JT082PROD with NOTICES
Jefferson County
Cherokee Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 450 Powerhouse Rd.,
Rutledge, MP100001468
Loudon County
Fort Loudon Hydroelectric Project,
(Tennessee Valley Authority Hydroelectric
System, 1933–1979 MPS), 1280 City Park
Dr., Lenoir City, MP100001469
Melton Hill Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 2009 Grubb Rd., Lenoir
City, MP100001470
Tellico Dam Project, (Tennessee Valley
Authority Hydroelectric System, 1933–
1979 MPS), c/o 1280 City Park Dr., Lenoir
City, MP100001471
Marion County
Nickajack Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 3490 TVA Rd., Jasper,
MP100001472
VerDate Sep<11>2014
19:17 Jul 26, 2017
Jkt 241001
Polk County
Ocoee No. 3 Hydroelectric Project,
(Tennessee Valley Authority Hydroelectric
System, 1933–1979 MPS), 1988 US 64,
Benton, MP100001473
Rhea County
Watts Barr Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 6868 Watts Bar Hwy.,
Spring City, MP100001474
Sevier County
Douglas Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 850 Powerhouse Way,
Dandridge, MP100001475
Sullivan County
Boone Hydroelectric Project, (Tennessee
Valley Authority Hydroelectric System,
1933–1979 MPS), 301 Boone Dam Rd.,
Kingsport, MP100001476
Fort Patrick Henry Hydroelectric Project,
(Tennessee Valley Authority Hydroelectric
System, 1933–1979 MPS), Rt. 1 Box 2385,
Kingsport, MP100001477
South Holston Hydroelectric Project,
(Tennessee Valley Authority Hydroelectric
System, 1933–1979 MPS), 918 South View
Rd., Bristol, MP100001478
Authority: 60.13 of 36 CFR part 60.
Dated: July 5, 2017.
J. Paul Loether,
Chief, National Register of Historic Places/
National Historic Landmarks Program and
Keeper, National Register of Historic Places.
[FR Doc. 2017–15781 Filed 7–26–17; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On July 20, 2017, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the District of Columbia in the
lawsuit entitled United States v. HarleyDavidson, Inc., et al., Civil Action No.
1:16–cv–01687.
The United States’ Complaint, filed
on August 18, 2016, Dkt. Nos. 1, 4,
alleges that Harley-Davidson, Inc. (and
three related companies) manufactured
and sold over 339,392 after-market
devices (known as ‘‘Super Tuners’’ and
used with Harley-Davidson
motorcycles) in violation of the Clean
Air Act prohibition on the manufacture
or sale of devices that defeat the
functioning of the motorcycles’ certified
emissions control system. The
Complaint also alleges, relatedly, that
Defendants violated the provision of the
Act that prohibits any person from
removing or rendering inoperative a
motor vehicle’s certified emissions
PO 00000
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Fmt 4703
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34977
control system and from causing such
‘‘tampering.’’ Finally, the Complaint
alleges that Defendants manufactured
and sold more than 12,000 motorcycles
from model years 2006, 2007, and 2008
that were not certified by EPA as
required by the Clean Air Act.
The Consent Decree requires
Defendants to stop selling the illegal
tuners in the United States by August
23, 2016. Defendants will also offer to
buy back all such tuners in stock at
Harley-Davidson dealerships across the
country and destroy them. The Decree
requires Defendants to obtain an
Executive Order from the California Air
Resources Board (CARB) for any tuners
Defendants sell in the United States in
the future. These Executive Orders
(EOs) will demonstrate that the CARBcertified tuners do not cause
Defendants’ motorcycles to exceed the
EPA-certified emissions limits.
Defendants must also conduct tests on
motorcycles that have been tuned with
the EO-certified tuners and provide the
results to EPA to ensure that their
motorcycles remain in compliance with
EPA emissions requirements. In
addition, for any uncertified Super
Tuners that Defendants sell outside the
United States in the future, they must
label them as not for use in the United
States.
Under the Consent Decree,
Defendants must also ensure that all of
their future motorcycle models intended
for sale in the United States are certified
by EPA.
Finally, Defendants will pay a civil
penalty of $12 million.
The Consent Decree lodged with the
Court on July 20 is identical to a
Consent Decree lodged with this Court
on August 18, 2016, Dkt. 2, except that
the Consent Decree lodged on July 20
(and on which comment is now being
sought) does not include the
requirement in the original Consent
Decree for Defendants to ‘‘fund a
program’’ (described in Appendix A of
the original Consent Decree) that
required Defendants to pay a third-party
organization to mitigate emissions of
hydrocarbons and oxides of nitrogen in
the northeastern United States by
replacing old, higher polluting
woodstoves with emissions-certified
woodstoves (‘‘mitigation project’’). As
explained briefly below, certain new
developments led the United States and
Defendants to agree to revise the
Consent Decree in this manner.
On June 5, 2017, the Attorney General
issued a policy, Prohibition on
Settlement Payments to Third Parties,
which prohibits a settlement that
‘‘directs or provides for a payment or
loan to any non-governmental person or
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27JYN1
mstockstill on DSK30JT082PROD with NOTICES
34978
Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
entity that is not a party to the
dispute[,]’’ unless it is ‘‘an otherwise
lawful payment . . . that . . . directly
remedies the harm that is sought to be
redressed, including, for example, harm
to the environment. . . .’’ This policy
became effective upon issuance and
applies to, among other things, consent
decrees entered into on behalf of the
United States. The original Consent
Decree would have required Defendants
to pay a non-governmental third-party
organization to carry out the mitigation
project. Questions exist as to whether
this mitigation project is consistent with
the new policy.
The United States and Defendants
also became aware that the U.S.
Government Accountability Office
(‘‘GAO’’) is developing a legal opinion
regarding the original Consent Decree,
focusing on the mitigation project. On
February 6, 2017, the United States
received a letter from counsel for
Harley-Davidson asking the United
States to delay moving to enter the
Consent Decree until GAO completed its
evaluation. The United States has been
informed by GAO that development of
its legal opinion would likely not be
concluded for many more months. The
mitigation project was also the subject
of public comment during the notice
and comment period.
In light of these facts, the United
States and Harley-Davidson attempted
to negotiate a substitute mitigation
project, but were unable to reach timely
agreement on a suitable alternative. The
United States is mindful of the length of
time this settlement has already been
pending and, in the interest of moving
forward with the important relief
secured by the Consent Decree, has
sought and received Defendants’
approval to modify the Decree to
remove the mitigation project.
The United States has decided on
balance that proceeding now with the
substitute Consent Decree is in the
public interest.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States v. Harley-Davidson, Inc.,
et al., D.J. Ref. No. 90–5–2–1–11333. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
VerDate Sep<11>2014
19:17 Jul 26, 2017
Jkt 241001
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ–ENRD, P.O. Box
7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
Decree upon written request and
payment of reproduction costs. Please
mail your request and payment to:
Consent Decree Library, U.S. DOJ–
ENRD, P.O. Box 7611 Washington, DC
20044–7611.
Please enclose a check or money order
for $9.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Karen Dworkin,
Deputy Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2017–15780 Filed 7–26–17; 8:45 am]
BILLING CODE 4410–15–P
dollars ($5.9 million) to be allocated as
established by the consent decree
between the United States and Goodrich
Corporation (‘‘Goodrich Consent
Decree’’) approved by the Court on July
2, 2013 (Dkt. No. 1821). In return, the
Goodrich Consent Decree provides,
among other things, certain covenants
not to sue pursuant to CERCLA and
Section 7003 of Resource Conservation
and Recovery Act, 42 U.S.C. 6973.
The publication of this notice opens
a period for public comment on the
Wong Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to City of Colton v. American
Promotional Events, Inc., et al., D.J. Ref.
No. 90–11–2–09952. All comments must
be submitted no later than thirty (30)
days after the publication date of this
notice. Comments may be submitted
either by email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC.
20044–7611
By mail .........
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980
On July 18, 2017, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Central District of
California, in the lawsuit entitled City of
Colton v. American Promotional Events,
Inc., et al., Civil Action No. CV 09–
01864 PSG [Consolidated with Case
Nos. CV 09–6630 PSG (SSx), CV 09–
06632 PSG (SSx), CV 09–07501 PSG
(SSx), CV 09–07508 PSG (SSx), CV 10–
824 PSG (SSx) and CV 05–01479 PSG
(SSx)].
In this action, the United States filed
a complaint under Section 107 of the
Comprehensive Environmental
Response, Compensation, and Liability
Action (‘‘CERCLA’’), 42 U.S.C. 9607,
seeking to recover response costs
incurred in connection with the
formerly named B.F. Goodrich
Superfund Site, which was
subsequently renamed the Rockets,
Fireworks, and Flares Superfund Site
(‘‘RFF Site’’). The proposed consent
decree (‘‘Wong Consent Decree’’)
requires the Estate of Wong (‘‘Estate’’) to
pay five million nine hundred thousand
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Sfmt 9990
Under Section 7003(d) of RCRA, a
commenter may request an opportunity
for a public meeting in the affected area.
During the public comment period,
the Wong Consent Decree may be
examined and downloaded at this
Justice Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
Consent Decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $12.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2017–15861 Filed 7–26–17; 8:45 am]
BILLING CODE 4410–15–P
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Agencies
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 34977-34978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15780]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On July 20, 2017, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Columbia in the lawsuit entitled United States v. Harley-Davidson,
Inc., et al., Civil Action No. 1:16-cv-01687.
The United States' Complaint, filed on August 18, 2016, Dkt. Nos.
1, 4, alleges that Harley-Davidson, Inc. (and three related companies)
manufactured and sold over 339,392 after-market devices (known as
``Super Tuners'' and used with Harley-Davidson motorcycles) in
violation of the Clean Air Act prohibition on the manufacture or sale
of devices that defeat the functioning of the motorcycles' certified
emissions control system. The Complaint also alleges, relatedly, that
Defendants violated the provision of the Act that prohibits any person
from removing or rendering inoperative a motor vehicle's certified
emissions control system and from causing such ``tampering.'' Finally,
the Complaint alleges that Defendants manufactured and sold more than
12,000 motorcycles from model years 2006, 2007, and 2008 that were not
certified by EPA as required by the Clean Air Act.
The Consent Decree requires Defendants to stop selling the illegal
tuners in the United States by August 23, 2016. Defendants will also
offer to buy back all such tuners in stock at Harley-Davidson
dealerships across the country and destroy them. The Decree requires
Defendants to obtain an Executive Order from the California Air
Resources Board (CARB) for any tuners Defendants sell in the United
States in the future. These Executive Orders (EOs) will demonstrate
that the CARB-certified tuners do not cause Defendants' motorcycles to
exceed the EPA-certified emissions limits. Defendants must also conduct
tests on motorcycles that have been tuned with the EO-certified tuners
and provide the results to EPA to ensure that their motorcycles remain
in compliance with EPA emissions requirements. In addition, for any
uncertified Super Tuners that Defendants sell outside the United States
in the future, they must label them as not for use in the United
States.
Under the Consent Decree, Defendants must also ensure that all of
their future motorcycle models intended for sale in the United States
are certified by EPA.
Finally, Defendants will pay a civil penalty of $12 million.
The Consent Decree lodged with the Court on July 20 is identical to
a Consent Decree lodged with this Court on August 18, 2016, Dkt. 2,
except that the Consent Decree lodged on July 20 (and on which comment
is now being sought) does not include the requirement in the original
Consent Decree for Defendants to ``fund a program'' (described in
Appendix A of the original Consent Decree) that required Defendants to
pay a third-party organization to mitigate emissions of hydrocarbons
and oxides of nitrogen in the northeastern United States by replacing
old, higher polluting woodstoves with emissions-certified woodstoves
(``mitigation project''). As explained briefly below, certain new
developments led the United States and Defendants to agree to revise
the Consent Decree in this manner.
On June 5, 2017, the Attorney General issued a policy, Prohibition
on Settlement Payments to Third Parties, which prohibits a settlement
that ``directs or provides for a payment or loan to any non-
governmental person or
[[Page 34978]]
entity that is not a party to the dispute[,]'' unless it is ``an
otherwise lawful payment . . . that . . . directly remedies the harm
that is sought to be redressed, including, for example, harm to the
environment. . . .'' This policy became effective upon issuance and
applies to, among other things, consent decrees entered into on behalf
of the United States. The original Consent Decree would have required
Defendants to pay a non-governmental third-party organization to carry
out the mitigation project. Questions exist as to whether this
mitigation project is consistent with the new policy.
The United States and Defendants also became aware that the U.S.
Government Accountability Office (``GAO'') is developing a legal
opinion regarding the original Consent Decree, focusing on the
mitigation project. On February 6, 2017, the United States received a
letter from counsel for Harley-Davidson asking the United States to
delay moving to enter the Consent Decree until GAO completed its
evaluation. The United States has been informed by GAO that development
of its legal opinion would likely not be concluded for many more
months. The mitigation project was also the subject of public comment
during the notice and comment period.
In light of these facts, the United States and Harley-Davidson
attempted to negotiate a substitute mitigation project, but were unable
to reach timely agreement on a suitable alternative. The United States
is mindful of the length of time this settlement has already been
pending and, in the interest of moving forward with the important
relief secured by the Consent Decree, has sought and received
Defendants' approval to modify the Decree to remove the mitigation
project.
The United States has decided on balance that proceeding now with
the substitute Consent Decree is in the public interest.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States v. Harley-Davidson, Inc., et al., D.J.
Ref. No. 90-5-2-1-11333. All comments must be submitted no later than
thirty (30) days after the publication date of this notice. Comments
may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ pubcomment-ees.enrd@usdoj.gov.
By mail............................. Assistant Attorney General, U.S.
DOJ-ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Decree upon written request and payment of reproduction costs.
Please mail your request and payment to: Consent Decree Library, U.S.
DOJ-ENRD, P.O. Box 7611 Washington, DC 20044-7611.
Please enclose a check or money order for $9.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Karen Dworkin,
Deputy Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2017-15780 Filed 7-26-17; 8:45 am]
BILLING CODE 4410-15-P