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)

Page Range		57936-57937
FR Document		2016-20274

Federal Register, Volume 81 Issue 164 (Wednesday, 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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
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,
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

57936 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices

with 21 CFR 1301.34(a) on or before DEPARTMENT OF JUSTICE drug codes are authorized for this
September 23, 2016. Such persons may registration.
also file a written request for a hearing Drug Enforcement Administration
Louis J. Milione,
on the application pursuant to 21 CFR [Docket No. DEA–392] Deputy Assistant Administrator.
1301.43 on or before September 23,
[FR Doc. 2016–20235 Filed 8–23–16; 8:45 am]
2016. Bulk Manufacturer of Controlled
Substances Application: Noramco, Inc. BILLING CODE 4410–09–P
ADDRESSES: Written comments should
be sent to: Drug Enforcement ACTION: Notice of application.
Administration, Attention: DEA Federal DEPARTMENT OF JUSTICE
Register Representative/ODW, 8701 DATES: Registered bulk manufacturers of
the affected basic classes, and Notice of Lodging of Proposed
Morrissette Drive, Springfield, Virginia Consent Decree Under the Clean Air
applicants therefore, may file written
22152. All requests for hearing must be Act
comments on or objections to the
sent to: Drug Enforcement
issuance of the proposed registration in On August 18, 2016, the Department
Administration, Attn: Administrator, accordance with 21 CFR 1301.33(a) on
8701 Morrissette Drive, Springfield, of Justice lodged a proposed Consent
or before October 24, 2016. Decree with the United States District
Virginia 22152. All requests for hearing
ADDRESSES: Written comments should Court for the District of Columbia in the
should also be sent to: (1) Drug be sent to: Drug Enforcement
Enforcement Administration, Attn: lawsuit entitled United States v. Harley-
Administration, Attention: DEA Federal Davidson, Inc., et al., Civil Action No.
Hearing Clerk/LJ, 8701 Morrissette Register Representative/ODW, 8701
Drive, Springfield, Virginia 22152; and 1:16–cv–01687.
Morrissette Drive, Springfield, Virginia The United States’ Complaint alleges
(2) Drug Enforcement Administration, 22152.
Attn: DEA Federal Register that Harley-Davidson, Inc. (and three
SUPPLEMENTARY INFORMATION: The related companies) manufactured and
Representative/ODW, 8701 Morrissette
Attorney General has delegated her sold over 339,392 after-market devices
Drive, Springfield, Virginia 22152.
authority under the Controlled (known as ‘‘Super Tuners’’ and used
SUPPLEMENTARY INFORMATION: Substances Act to the Administrator of with Harley-Davidson motorcycles) in
The Attorney General has delegated the Drug Enforcement Administration violation of the Clean Air Act
her authority under the Controlled (DEA), 28 CFR 0.100(b). Authority to prohibition on the manufacture or sale
Substances Act to the Administrator of exercise all necessary functions with of devices that defeat the functioning of
respect to the promulgation and the motorcycle’s certified emissions
the Drug Enforcement Administration
implementation of 21 CFR part 1301, control system. The Complaint also
(DEA), 28 CFR 0.100(b). Authority to
incident to the registration of alleges, relatedly, that Defendants
exercise all necessary functions with manufacturers, distributors, dispensers, violated the provision of the Act that
respect to the promulgation and importers, and exporters of controlled prohibits any person from removing or
implementation of 21 CFR part 1301, substances (other than final orders in rendering inoperative a motor vehicle’s
incident to the registration of connection with suspension, denial, or certified emissions control system and
manufacturers, distributors, dispensers, revocation of registration) has been from causing such ‘‘tampering.’’ Finally,
importers, and exporters of controlled redelegated to the Deputy Assistant the Complaint alleges that Defendants
substances (other than final orders in Administrator of the DEA Office of manufactured and sold more than
connection with suspension, denial, or Diversion Control (‘‘Deputy Assistant 12,000 motorcycles from model years
revocation of registration) has been Administrator’’) pursuant to section 7 of 2006, 2007 and 2008 that were not
redelegated to the Deputy Assistant 28 CFR part 0, appendix to subpart R. certified by EPA as required by the
Administrator of the DEA Office of In accordance with 21 CFR Clean Air Act.
Diversion Control (‘‘Deputy Assistant 1301.33(a), this is notice that on July 20, The Consent Decree requires
Administrator’’) pursuant to section 7 of 2016, Noramco, Inc., 1440 Olympic Defendants to stop selling the illegal
28 CFR part 0, appendix to subpart R. Drive, Athens, Georgia 30601 applied to tuners in the United States by August
be registered as a bulk manufacturer the 23, 2016. Defendants will also offer to
In accordance with 21 CFR
following basic classes of controlled buy back all such tuners in stock at
1301.34(a), this is notice that on June 3,
substances: Harley-Davidson dealerships across the
2016, Akorn, Inc., 1222 W. Grand
Avenue, Decatur, Illinois 62522 applied country and destroy them. The Decree
requires Defendants to obtain an
to be registered as an importer of Controlled substance Schedule Executive order from the California Air
remifentanil (9739), a basic class of
Resources Board (CARB) for any tuners
controlled substances listed in schedule Marihuana (7360) ......................... I
it sells in the United States in the future.
II. Tetrahydrocannabinols (7370) ..... I
Hydromorphinol (9301) ................. I These Executive orders (E.O.s) will
The company plans to import Nabilone (7379) ............................ II demonstrate that the CARB-certified
remifentanil in dosage form for tuners do not cause Defendants’
distribution. motorcycles to exceed the EPA-certified
The company plans to manufacture emissions limits. Defendants must also
Louis J. Milione,
bulk active pharmaceutical ingredients conduct tests on motorcycles that have
mstockstill on DSK3G9T082PROD with NOTICES

Deputy Assistant Administrator. (APIs) and reference standards for been tuned with the E.O.-certified
[FR Doc. 2016–20236 Filed 8–23–16; 8:45 am] distribution to their customers. tuners and provide the results to EPA to
BILLING CODE 4410–09–P In reference to drug codes 7360 ensure that their motorcycles remain in
(marihuana) and 7370 compliance with EPA emissions
(tetrahydrocannabinols), the company requirements. In addition, for any
plans to bulk manufacturer these drugs uncertified Super Tuners that
as synthetic. No other activities for these Defendants sell outside the United

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Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices 57937

States in the future, they must label DEPARTMENT OF JUSTICE (h) Summary, Next Steps, and Meeting
them as not for use in the United States. Adjournment.
Office of Justice Programs Registration: For security purposes,
Under the Consent Decree,
members of the public who wish to
Defendants must also ensure that all of
[OJP (OJJDP) Docket No. 1724] attend the meeting in-person must pre-
their future motorcycle models intended register online at www.facjj.org no later
for sale in the United States are certified Meeting of the Federal Advisory than Friday, September 23, 2016.
by EPA. Committee on Juvenile Justice Should problems arise with web
Finally, Defendants will pay a civil registration, contact Melissa Kanaya,
penalty of $12 million and spend $3 AGENCY: Office of Juvenile Justice and Senior Program Manager/Federal
million implementing a project to Delinquency Prevention, Justice. Contractor, at 202–532–0121, or send a
mitigate excess hydrocarbon emissions ACTION: Notice of annual in-person request to register to Ms. Kanaya at
by replacing conventional woodstoves meeting. Melissa.Kanaya@usdoj.gov. Please
with cleaner-burning stoves. include name, title, organization or
SUMMARY: The Office of Juvenile Justice other affiliation, full address and phone,
The publication of this notice opens and Delinquency Prevention (OJJDP) has fax, and email information and send to
a period for public comment on the scheduled an Annual Meeting of the her attention. Note that these are not
Consent Decree. Comments should be Federal Advisory Committee on toll-free telephone numbers. Additional
addressed to the Assistant Attorney Juvenile Justice (FACJJ). identification documents may be
General, Environment and Natural DATES: The Annual Meeting will take required. Meeting space is limited. Note:
Resources Division, and should refer to place on Thursday, September 29, 2016, Photo identification will be required for
United States v. Harley-Davidson, Inc., at 8:30 a.m.–5 p.m. ET and Friday, admission to the meeting.
et al., D.J. Ref. No. 90–5–2–1–11333. All September 30, 2016, at 8:30 a.m.–12:30 To view the webcast meeting, the
comments must be submitted no later p.m. ET. public must pre-register online at
than thirty (30) days after the ADDRESSES: The meeting will take place www.facjj.org, no later than Friday,
publication date of this notice. in the third floor main conference room September 23, 2016. Upon registration,
Comments may be submitted either by at the U.S. Department of Justice, Office information will be sent to you at the
email or by mail: of Justice Programs, 810 7th St. NW., email address you provide to enable you
Washington, DC 20531. to connect to the webcast.
To submit FOR FURTHER INFORMATION CONTACT: Visit
Written Comments: Interested parties
Send them to: may submit written comments by email
comments: the Web site www.facjj.org or contact
Jeff Slowikowski, Designated Federal message in advance to Jeff Slowikowski,
By email ....... pubcomment-ees.enrd@ Designated Federal Official, at
usdoj.gov. Official, OJJDP, Jeff.Slowikowski@
usdoj.gov or (202) 616–3646. [This is not Jeff.Slowikowski@usdoj.gov, no later
By mail ......... Assistant Attorney General, than Friday September 23, 2016. In the
U.S. DOJ—ENRD, P.O. a toll-free number.]
alternative, interested parties may fax
Box 7611, Washington, DC SUPPLEMENTARY INFORMATION: FACJJ,
20044–7611.
comments to 202–307–2819 and contact
established pursuant to Section 3(2)A of Melissa Kanaya at 202–532–0121 to
the Federal Advisory Committee Act (5 ensure that they are received. [These are
During the public comment period, U.S.C. App.2), will meet to carry out its not toll-free numbers.]
the Consent Decree may be examined advisory functions under Section
and downloaded at this Justice 223(f)(2)(C–E) of the Juvenile Justice and Robert L. Listenbee,
Department Web site: https:// Delinquency Prevention Act of 2002. Administrator, Office of Juvenile Justice and
The FACJJ is composed of Delinquency Prevention.
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the representatives from the states and [FR Doc. 2016–20255 Filed 8–23–16; 8:45 am]
Decree upon written request and territories. FACJJ member duties BILLING CODE 4410–18–P

payment of reproduction costs. Please include: Reviewing Federal policies
mail your request and payment to: regarding juvenile justice and
Consent Decree Library, U.S. DOJ– delinquency prevention; advising the DEPARTMENT OF LABOR
OJJDP Administrator with respect to
ENRD, P.O. Box 7611, Washington, DC Office of the Secretary
particular functions and aspects of
20044–7611.
OJJDP; and advising the President and
Please enclose a check or money order Congress with regard to State Agency Information Collection
for $9.50 (25 cents per page perspectives on the operation of OJJDP Activities; Submission for OMB
reproduction cost) payable to the United and Federal legislation pertaining to Review; Comment Request; Claim for
States Treasury. juvenile justice and delinquency Compensation by a Dependent
prevention. More information on the Information Reports
Karen Dworkin,
FACJJ may be found at www.facjj.org. ACTION: Notice.
Assistant Section Chief, Environmental Meeting Agenda: The proposed
Enforcement Section, Environment and agenda includes: (a) Opening SUMMARY: The Department of Labor
Natural Resources Division. Introductions, and Meeting Logistics; (b) (DOL) is submitting the Office of
[FR Doc. 2016–20274 Filed 8–23–16; 8:45 am] Remarks of Robert L. Listenbee, Workers’ Compensation Programs
mstockstill on DSK3G9T082PROD with NOTICES

BILLING CODE 4410–15–P Administrator, OJJDP; (c) FACJJ (OWCP) sponsored information
Subcommittee Reports (Legislation; collection request (ICR) revision titled,
Expungement/Sealing of Juvenile Court ‘‘Claim for Compensation by a
Records; Research/Publications; LGBT); Dependent Information Reports,’’ to the
(d) FACJJ Administrative Business; (e) Office of Management and Budget
New Member Orientation; (f) Ethics (OMB) for review and approval for use
Training (g) Discussion of By-Laws; and in accordance with the Paperwork

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Document Created: 2016-08-24 03:02:51
Document Modified: 2016-08-24 03:02:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 57936