83 FR 48869 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 188 (September 27, 2018)

Page Range		48869-48869
FR Document		2018-21081

Federal Register, Volume 83 Issue 188 (Thursday, September 27, 2018)

[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Page 48869]
From the Federal Register Online [www.thefederalregister.org]
[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.................................. pubcomment-ees.enrd@usdoj.gov.
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]
BILLING CODE 4410-15-P

Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices 48869

of information technology, e.g., alleges that Defendants manufactured and downloaded at this Justice
permitting electronic submission of and sold at least 363,000 aftermarket Department website: https://
responses. products that contained components www.justice.gov/enrd/consent-decrees.
that have a principal effect of bypassing, We will provide a paper copy of the
Overview of This Information
defeating, and rendering inoperative consent decree upon written request
Collection emission controls installed on motor and payment of reproduction costs.
(1) Type of Information Collection: vehicles or motor vehicle engines, and Please mail your request and payment
Revision of a currently approved that Defendants knew or should have to: Consent Decree Library, U.S. DOJ—
collection. known that its products were being put ENRD, P.O. Box 7611, Washington, DC
(2) Title of the Form/Collection: to such use. 20044–7611.
Records Modification Form. Under the Proposed Consent Decree, Please enclose a check or money order
(3) Agency form number: FD–1115. the Defendants will pay a civil penalty for $17.25 (25 cents per page
(4) Affected public who will be asked and implement measures to comply reproduction cost) payable to the United
or required to respond, as well as a brief with the Clean Air Act. For instance, States Treasury.
abstract: Primary: This form is utilized Defendants must remove components
by criminal justice and affiliated from their products that permit the Robert E. Maher, Jr.,
judicial agencies to request appropriate deletion of exhaust gas recirculation, Assistant Section Chief, Environmental
modification of criminal history oxygen sensors, and related diagnostic Enforcement Section, Environment and
information from an individual’s record. features. Defendants are prohibited from Natural Resources Division.
(5) An estimate of the total number of manufacturing or selling products that [FR Doc. 2018–21081 Filed 9–26–18; 8:45 am]
respondents and the amount of time permit the deletion of certain emission BILLING CODE 4410–15–P
estimated for an average respondent to control features such as selective
respond: It is estimated that 43,584 catalytic reduction, diesel particulate
respondents are authorized to complete filters, and diesel oxidative catalysts. NATIONAL ARCHIVES AND RECORDS
the form which would require Defendants must also demonstrate a ADMINISTRATION
approximately 10 minutes. reasonable basis that their products do
(6) An estimate of the total public not adversely affect emissions [NARA–2018–062]
burden (in hours) associated with the performance by performing emission Privacy Act of 1974; System of
collection: There are an estimated testing. Derive must also limit access to Records
19,882 total annual burden hours certain software features to those
associated with this collection. customers that certify their products AGENCY: National Archives and Records
If additional information is required comply with the Clean Air Act and Administration (NARA).
contact: Melody Braswell, Department attend a Derive mandated training. ACTION: Notice of a new system of
Clearance Officer, United States Derive agrees to also revise internal records.
Department of Justice, Justice sales and training polices. Defendants
Management Division, Policy and must also pay $300,000 in civil SUMMARY: The National Archives and
Planning Staff, Two Constitution penalties based upon Defendants’ Records Administration (NARA)
Square, 145 N Street NE, 3E.405A, demonstrated inability to pay a higher proposes to add a system of records to
Washington, DC 20530. penalty. The Proposed Consent Decree its existing inventory of systems subject
Dated: September 24, 2018. will resolve all Clean Air Act claims to the Privacy Act of 1974. In this
Melody Braswell, alleged by the United States against notice, we publish NARA 45, Insider
Defendants through the date the United Threat Program Records. In addition, we
Department Clearance Officer for PRA, U.S.
Department of Justice. States filed the Complaint. are updating and republishing
The publication of this notice opens Appendix B to add the SORN’s system
[FR Doc. 2018–21035 Filed 9–26–18; 8:45 am]
a period for public comment on the manager and update other system
BILLING CODE 4410–02–P
proposed consent decree. Comments manager contact information in the list
should be addressed to the Assistant of system managers and their addresses
Attorney General, Environment and that apply to all NARA SORNs.
DEPARTMENT OF JUSTICE
Natural Resources Division, DATES: Submit comments on this system
Notice of Lodging of Proposed Environmental Enforcement Section, of records by October 29, 2018. This
Consent Decree Under the Clean Air and should refer to United States v. new system of records, NARA 45, and
Act Derive Systems, Inc. et al., D.J. Ref. No. the Appendix B update, are applicable
90–5–2–1–11627. All comments must be November 6, 2018 unless we receive
On September 24, 2018, the submitted no later than thirty (30) days comments that necessitate revising the
Department of Justice lodged a proposed after the publication date of this notice. SORN.
consent decree with the United States Comments may be submitted either by
District Court for the District of email or by mail: ADDRESSES: You may submit comments,
Columbia in the lawsuit entitled United identified by ‘‘SORN NARA 45,’’ by one
States of America v. Derive Systems Inc. To submit of the following methods:
Send them to:
et al., Civil Action No. 1:18–cv–2201. comments: • Federal eRulemaking Portal: http://
The Complaint in this Clean Air Act www.regulations.gov. Follow the
case was filed against the Defendants By email ......... pubcomment-ees.enrd@ instructions for submitting comments.
daltland on DSKBBV9HB2PROD with NOTICES

usdoj.gov.
concurrently with the lodging of the By mail ........... Assistant Attorney General, • Email: Regulation_comments@
Proposed Consent Decree. The U.S. DOJ—ENRD, P.O. nara.gov. Include SORN NARA 45 in
Complaint alleges that Defendants, Box 7611, Washington, the subject line of the message.
Derive Systems, Inc. and its related DC 20044–7611. • Mail (for paper, disk, or CD–ROM
subsidiaries, are civilly liable for submissions. Include SORN NARA 45
violations of Section 203(a)(3)(B), 42 During the public comment period, on the submission): Regulations
U.S.C. 7522(a)(3)(B). The Complaint the consent decree may be examined Comment Desk, Strategy and

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Document Created: 2018-09-27 01:04:20
Document Modified: 2018-09-27 01:04:20

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		83 FR 48869