1230 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices

Dated: December 14, 2018. Inc. alleging that the defendants civil penalties, injunctive relief to Respectfully submitted, violated Sections 203(a)(1), (2), (3)(A), remedy the violations (including lllllllllllllllllllll and (3)(B) of the Clean Air Act—42 mitigation of excess NOX emissions), Matthew D. Siegel * U.S.C. 7522(a)(1), (2), (3)(A), and costs, and other equitable relief. Trial Attorney Media, Entertainment, and (3)(B)—with regard to approximately The lodged Consent Decree is entered Professional Services Section, Antitrust into between the United States, Division, U.S. Department of Justice, 450 104,000 model year 2014 to 2016 Jeep Fifth Street, NW, Suite 4000, Washington, DC Cherokee and Ram 1500 vehicles California, and the defendants (Fiat 20530, Phone: 202–598–8303, Email: containing 3.0 liter EcoDiesel engines. Chrysler Automobiles, N.V., FCA US [email protected]. The United States’ complaint alleges, LLC, V.M. Motori S.p.A., and V.M. * Attorney of Record among other things, that each Subject North America, Inc.). The Decree provides a remedy for the vehicles on [FR Doc. 2019–00556 Filed 1–31–19; 8:45 am] Vehicle contains computer software the road by requiring Fiat Chrysler to BILLING CODE 4410–11–P functions that are undisclosed Auxiliary Emission Control Devices (‘‘AECDs’’) offer all Eligible Owners and Lessees of and prohibited defeat devices that cause Eligible Vehicles (all as defined in the DEPARTMENT OF JUSTICE the emissions control system of those Decree) the Approved Emissions vehicles to perform differently during Modification and applicable warranties Notice of Lodging of Proposed normal vehicle operation and use than (as defined and described in the Consent Decree Under the Clean Air during emissions testing. The complaint Decree). Fiat Chrysler must install the Act alleges that the defeat devices cause the Approved Emissions Modification on at vehicles, during normal vehicle least 85% of the Subject Vehicles (as On January 10, 2019, the Department operation and use, to emit excess oxides further described in the Decree) by no of Justice lodged a proposed Consent of nitrogen (‘‘NO ’’). The complaint later than two years after the Decree is Decree with the United States District X seeks, among other things, injunctive entered by the Court. If it fails to do so, Court for the Northern District of Fiat Chrysler must make a payment to California in the lawsuit entitled In re: relief to remedy the violations, the United States of $5.5 million for Chrysler-Dodge-Jeep ‘‘Ecodiesel’’ including mitigation of excess NOX emissions, and civil penalties. each 1% that Fiat Chrysler falls short of Marketing, Sales Practices, and the 85% rate. Fiat Chrysler must also On January 9, 2019, the People of the Products Liability Litigation, Case No. achieve a separate 85% recall rate for State of California, by and through the 3:17–md–2777 EMC (JSC), resolving vehicles in California, and must pay civil Clean Air Act claims and various California Air Resources Board, and $825,000 to California for each 1% that California claims (including under the Xavier Becerra, Attorney General of the it falls short of this target. See Decree California Health and Safety Code) State of California (collectively, Paragraph 41. For each Subject Vehicle against Fiat Chrysler Automobiles, N.V., ‘‘California’’), filed a complaint against that receives the Approved Emissions FCA US, LLC and others (‘‘Fiat the defendants alleging that, in Modification, Fiat Chrysler must Chrysler’’), concerning noncompliant connection with the certification, provide Eligible Owners and Lessees 3.0 liter ‘‘EcoDiesel’’ vehicles (‘‘Subject marketing, distribution, and sale of with an Extended Warranty. See Decree Vehicles’’). In addition, on the same approximately 14,000 Subject Vehicles Paragraph 45. The Extended Warranty date, the private Plaintiffs’ Steering in California, the defendants violated covers all components, parts, and Committee filed a proposed Consumer Section 304(a)(1) of the Clean Air Act, associated labor described in Appendix Class Action Settlement Agreement and 42 U.S.C. 7604(a)(1); California Health E of the Decree. Fiat Chrysler must mail Release (‘‘Class Action Settlement’’) and Safety Code §§ 43016, 43017, notice of the recall to all known Eligible with Fiat Chrysler with respect to the 43151, 43152, 43153, 43154, 43205, Owners and Eligible Lessees. Fiat same EcoDiesel vehicles, and Customs 43211, and 43212; 13 C.C.R. §§ 1961, Chrysler may provide this notice and Border Protection entered into an 1961.2, 1965, 1968.2, and 2037, and the through a Court-approved Class Action administrative Settlement Agreement 40 CFR sections incorporated therein by Settlement Notice or through an with Fiat Chrysler based on allegations reference; and California Business and alternative means approved by the of illegal importation of a portion of Professions Code §§ 17200 et seq., 17500 United States and California. See Decree these noncompliant diesel vehicles et seq., and 17580.5. California’s Paragraph 43. (‘‘CBP Agreement’’). In addition to its complaint alleges that each Subject There is no end date for the emissions joint settlement with the United States, Vehicle contains, as part of the modification recall. Fiat Chrysler must on the same day, California entered into electronic control module, certain offer the Approved Emissions two additional settlements with the software functions and calibrations that Modification to Eligible Owners and defendants concerning the Subject cause the emission control system of Eligible Lessees for eighteen years after Vehicles. The First California Partial those vehicles to perform differently the Court enters the Decree (the Consent Decree resolves California’s during normal vehicle operation and ‘‘Effective Date’’); following the claim for mitigation (and is discussed use than during emissions testing. eighteenth anniversary of the Effective further below), and the Second California’s complaint alleges that these Date, Fiat Chrysler must make California Partial Consent Decree software functions and calibrations are reasonable efforts to ensure that the resolves defendants’ alleged violation of undisclosed AECDs in violation of Approved Emissions Modification California consumer protection laws California and federal law, and that they remains available. See Decree Paragraph related to the Subject Vehicles. These are also prohibited defeat devices. 39. five settlements resolve separate claims California’s complaint alleges that the In addition, the Decree requires Fiat but offer coordinated relief. defeat devices and undisclosed AECDs Chrysler to perform a mitigation On May 23, 2017, the United States, cause the Subject Vehicles to emit NOX program, which is estimated to mitigate on behalf of the Environmental in excess of CARB-compliant levels. the lifetime excess tons of NOX caused Protection Agency (‘‘EPA’’) filed a California’s complaint also alleges that by Defendants’ violations in all 50 complaint against Fiat Chrysler defendants’ actions violated California states, except California, by Automobiles, N.V., FCA US LLC, V.M. consumer protection laws. California’s implementing a program to improve the Motori S.p.A., and V.M. North America, complaint seeks, among other things, efficiency of 200,000 aftermarket

VerDate Sep<11>2014 21:23 Jan 31, 2019 Jkt 247001 PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices 1231

catalytic converters that will be United States Treasury. For a copy of settle into the sea bed. As a result of the installed on light-duty gasoline motor certain portions of the Consent Decree, pipeline crack, approximately 1,900 vehicles nationwide (except in please designate which portions are barrels (approximately 80,000 gallons) California, New York, and Maine, which requested, and provide the appropriate of crude oil flowed into the ocean. already require the use of high- amount of money. For the Consent Under the Consent Decree, Shell is efficiency aftermarket catalytic Decree without the exhibits and required to pay $2.2 million in civil converters). See Decree Section VI.D signature pages, the cost is $36.25. For penalties. In addition, Shell commits to (Mitigation Program). Fiat Chrysler has Appendix A (Adjustment Factors), the improve its leak-detection training entered into a separate agreement with cost is $0.50. For Appendix B (CVN and program across its operations in the Gulf California, which is estimated to CALID for the Final Carryback of Mexico. Since the spill, Shell has mitigate the lifetime excess NOX Configuration), the cost is $0.75. For provided enhanced training to its emissions from the Subject Vehicles in Appendix C (documents related to the control room operators and subsea California—this program is set forth in MY 2014 Field Fix), the cost is $11.50. supervisors. Shell will now develop and a separate proposed consent decree For Appendix D (Approved Emissions conduct refresher training that focuses between California and Fiat Chrysler. Modification Disclosure), the cost is on leak detection and includes Fiat Chrysler must also implement $0.50. For Appendix E (Extended simulator-based exercises that updated and improved corporate Warranty description), the cost is $0.75. incorporate conditions experienced compliance and governance programs. For Appendix F, the cost is $4.00 (list during the May 2016 spill. See Decree Section VI.C (Corporate of Defendants affiliates, parents, and The penalties and remedial measures Compliance Requirements). subsidiaries for purposes of the Effect of required by the Consent Decree are in Finally, Fiat Chrysler must pay a civil Settlement and Reservations of Rights). addition to the costs the company has penalty of $305 million to the United already incurred to clean up the oil spill States and the State of California. Randall M. Stone, and compensate the public for injuries The publication of this notice opens Acting Assistant Section Chief, to natural resources. In a separate a period for public comment on the Environmental Enforcement Section, settlement filed in July 2018 and Consent Decree. Comments on the Environment and Natural Resources Division. approved by the court in August, Shell Consent Decree (but not concerning the [FR Doc. 2019–00662 Filed 1–31–19; 8:45 am] agreed to pay a total of $3.871 million CBP Agreement, Class Action BILLING CODE 4410–15–P to the United States and Louisiana for Settlement or California-only natural resource restoration projects and settlements) should be addressed to the to reimburse all of the state and federal Assistant Attorney General, DEPARTMENT OF JUSTICE trustees’ remaining unpaid past Environment and Natural Resources assessment costs related to the spill. Division, and should refer to In re: Notice of Lodging of Proposed The publication of this notice opens Chrysler-Dodge-Jeep ‘‘Ecodiesel’’ Consent Decree Under the Clean Water a period for public comment on the Marketing, Sales Practices, and Act proposed Consent Decree. Comments Products Liability Litigation, Case No. should be addressed to the Assistant On January 8, 2019, the Department of 3:17–md–2777 EMC (JSC), D.J. Ref. No. Attorney General, Environment and Justice lodged a proposed Consent 90–5–2–1–11607. Natural Resources Division, and should All comments must be submitted no Decree with the United States District refer to United States of America v. later than thirty (30) days after the Court for the Eastern District of Shell Offshore Inc., D.J. Ref. No. 90–5– publication date of this notice. Louisiana in the lawsuit entitled United 1–1–11920/1. All comments must be Comments may be submitted either by States of America v. Shell Offshore Inc., submitted no later than thirty (30) days email or by mail: Civil Action No. 2:19-cv-122. after the publication date of this notice. The Complaint in this Clean Water Comments may be submitted by either Act case was filed on behalf of the To submit Send them to: email or by mail: comments: United States Coast Guard against Shell Offshore Inc. concurrently with the To submit Send them to: By email ...... pubcomment-ees.enrd@ lodging of the proposed Consent Decree. comments: usdoj.gov. The Complaint alleges that Shell is By mail ...... Assistant Attorney General, civilly liable for violation of Section 311 By email ...... pubcomment-ees.enrd@ U.S. DOJ—ENRD, P.O. usdoj.gov. Box 7611, Washington, DC of the Clean Water Act (‘‘CWA’’), 33 By mail ...... Assistant Attorney General, 20044–7611. U.S.C. 1321. The Complaint seeks civil U.S. DOJ—ENRD, P.O. penalties and injunctive relief for the Box 7611, Washington, DC During the public comment period, discharge of harmful quantities of crude 20044–7611. the Consent Decree may be examined oil into the Gulf of Mexico. In the and downloaded at this Justice Complaint, the United States alleges During the public comment period, Department website: https:// that Shell is liable under the Clean the proposed Consent Decree may be www.justice.gov/enrd/consent-decrees. Water Act for the crude oil spill that examined and downloaded at this We will provide a paper copy of the began on the night of May 11, 2016, at Justice Department website: https:// Consent Decree upon written request Shell’s Green Canyon Block 248 www.justice.gov/enrd/consent-decrees. and payment of reproduction costs. offshore production facility located 97 We will provide a paper copy of the Please mail your request and payment miles offshore in the Gulf of Mexico. proposed Consent Decree upon written to: Consent Decree Library, U.S. DOJ— The Complaint alleges the spill began request and payment of reproduction ENRD, P.O. Box 7611, Washington, DC when a 6-inch-diamater transfer costs. Please mail your request and 20044–7611. pipeline at the sea floor cracked due to payment to: Consent Decree Library, For the entire Consent Decree and its stress on a joint in the line. Shell caused U.S. DOJ—ENRD, P.O. Box 7611, appendices, please enclose a check or this added stress by placing sediment Washington, DC 20044–7611. Please money order for $56.00 (25 cents per and debris from other operations on top enclose a check or money order for page reproduction cost) payable to the of the pipe, which caused the pipe to $6.00 (25 cents per page reproduction

VerDate Sep<11>2014 21:23 Jan 31, 2019 Jkt 247001 PO 00000 Frm 00185 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1