[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8211-8212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01471]


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DEPARTMENT OF JUSTICE


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

    On January 11, 2017, the Department of Justice lodged a proposed 
Third Partial Consent Decree with the United States District Court for 
the Northern District of California in the lawsuit entitled In re: 
Volkswagen ``Clean Diesel'' Marketing, Sales Practices, and

[[Page 8212]]

Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), 
partially resolving Clean Air Act claims against Volkswagen Group of 
America, Inc., and others, concerning certain noncompliant 2.0 and 3.0 
liter diesel vehicles.
    On January 4, 2016, the United States, on behalf of the 
Environmental Protection Agency (``EPA''), filed a complaint against 
Volkswagen AG, Volkswagen Group of America, Inc., Volkswagen Group of 
America Chattanooga Operations, LLC, and Audi AG (the ``VW 
Defendants''), and Dr. Ing. h.c. F. Porsche AG, and Porsche Cars North 
America, Inc. (the ``Porsche Defendants'') alleging that the defendants 
violated Sections 203(a)(1), (2), (3)(A), and (3)(B) of the Clean Air 
Act (``Act''), 42 U.S.C. 7522(a)(1), (2), (3)(A), and (3)(B), with 
regard to approximately 500,000 model year 2009 to 2015 motor vehicles 
containing 2.0 liter diesel engines (2.0 Liter Subject Vehicles) and 
approximately 80,000 model year 2009 to 2016 motor vehicles containing 
3.0 liter diesel engines (3.0 Liter Subject Vehicles). An amended 
complaint was filed on October 7, 2016. The United States' complaint 
(initial and as amended) alleges that each 2.0 and 3.0 Liter Subject 
Vehicle contains computer algorithms that are prohibited defeat devices 
that cause the emissions control system of those vehicles to perform 
differently during normal vehicle operation and use than during 
emissions testing. The complaint alleges that the defeat devices cause 
the vehicles, during normal vehicle operation and use, to emit levels 
of oxides of nitrogen (``NOX'') significantly in excess of 
EPA-compliant levels. The complaint seeks, among other things, 
injunctive relief to remedy the violations, including mitigation of 
excess NOX emissions, and civil penalties.
    The proposed Third Partial Consent Decree (``Decree'') is entered 
into between the United States and all defendants. This Decree 
addresses defendants' liability under the Clean Air Act for civil 
penalties and injunctive relief to prevent similar violations in the 
future. Under the Decree, the Defendants must pay a civil penalty of 
$1,450,000,000, with interest running from the date of lodging, which 
resolves the civil penalty claims of both EPA and, pursuant to a 
separate agreement, U.S. Customs and Border Protection.
    The VW Defendants and the Porsche Defendants are also each required 
to undertake a number of specific corporate governance reforms and to 
perform in-use testing of their vehicles using a portable emissions 
measurement system. In addition, the VW Defendants must retain an 
independent compliance auditor for a three-year period to review the VW 
Defendants' compliance with the Decree.
    The publication of this notice opens a period for public comment on 
the Third Partial Consent Decree. Comments concerning the Decree should 
be addressed to the Assistant Attorney General, Environment and Natural 
Resources Division and should refer to In re: Volkswagen ``Clean 
Diesel'' Marketing, Sales Practices, and Products Liability Litigation, 
Case No: MDL No. 2672 CRB (JSC), and D.J. Ref. No. 90-5-2-1-11386.
    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 e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    The Third Partial Consent Decree may be viewed and downloaded from 
http://www.cand.uscourts.gov/crb/vwmdl. During the public comment 
period, the Decree may also 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 Third Partial 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 $20.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Karen S. Dworkin,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-01471 Filed 1-23-17; 8:45 am]
 BILLING CODE 4410-15-P