[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Page 48869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21081]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
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
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 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]
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