[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Page 9255]
From the Federal Register Online via the Government Publishing 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 NO<INF>X</INF> 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 
<a href="/cdn-cgi/l/email-protection#c9b9bcabaaa6a4a4aca7bde4acacbae7aca7bbad89bcbaada6a3e7aea6bf"><span class="__cf_email__" data-cfemail="8dfdf8efeee2e0e0e8e3f9a0e8e8fea3e8e3ffe9cdf8fee9e2e7a3eae2fb">[email protected]</span></a> 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, http://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 (<a href="/cdn-cgi/l/email-protection#fc889392959dd29a909999888b939398bc898f989396d29b938a"><span class="__cf_email__" data-cfemail="7f0b1011161e5119131a1a0b0810101b3f0a0c1b101551181009">[email protected]</span></a>), 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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