[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Page 48869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21081]



Notice of Lodging of Proposed Consent Decree Under the Clean Air 

    On September 24, 2018, 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 of America v. Derive 
Systems Inc. et al., Civil Action No. 1:18-cv-2201.
    The Complaint in this Clean Air Act case was filed against the 
Defendants concurrently with the lodging of the Proposed Consent 
Decree. The Complaint alleges that Defendants, Derive Systems, Inc. and 
its related subsidiaries, are civilly liable for violations of Section 
203(a)(3)(B), 42 U.S.C. 7522(a)(3)(B). The Complaint alleges that 
Defendants manufactured and sold at least 363,000 aftermarket products 
that contained components that have a principal effect of bypassing, 
defeating, and rendering inoperative emission controls installed on 
motor vehicles or motor vehicle engines, and that Defendants knew or 
should have known that its products were being put to such use.
    Under the Proposed Consent Decree, the Defendants will pay a civil 
penalty and implement measures to comply with the Clean Air Act. For 
instance, Defendants must remove components from their products that 
permit the deletion of exhaust gas recirculation, oxygen sensors, and 
related diagnostic features. Defendants are prohibited from 
manufacturing or selling products that permit the deletion of certain 
emission control features such as selective catalytic reduction, diesel 
particulate filters, and diesel oxidative catalysts. Defendants must 
also demonstrate a reasonable basis that their products do not 
adversely affect emissions performance by performing emission testing. 
Derive must also limit access to certain software features to those 
customers that certify their products comply with the Clean Air Act and 
attend a Derive mandated training. Derive agrees to also revise 
internal sales and training polices. Defendants must also pay $300,000 
in civil penalties based upon Defendants' demonstrated inability to pay 
a higher penalty. The Proposed Consent Decree will resolve all Clean 
Air Act claims alleged by the United States against Defendants through 
the date the United States filed the Complaint.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
Environmental Enforcement Section, and should refer to United States v. 
Derive Systems, Inc. et al., D.J. Ref. No. 90-5-2-1-11627. 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 

            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-

    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: 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 $17.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-21081 Filed 9-26-18; 8:45 am]