81 FR 57936 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 164 (August 24, 2016)

[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57936-57937]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20274]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On August 18, 2016, 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 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 
motorcycle's 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 it sells in the United States in 
the future. These Executive orders (E.O.s) 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 E.O.-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

[[Page 57937]]

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 and 
spend $3 million implementing a project to mitigate excess hydrocarbon 
emissions by replacing conventional woodstoves with cleaner-burning 
stoves.
    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:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    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,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-20274 Filed 8-23-16; 8:45 am]
 BILLING CODE 4410-15-P