Notice of Lodging of Proposed Partial Consent Decree Under the Clean Air Act, 44051-44052 [2016-15858]
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Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices
(45 CFR part 503.25) and the
Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice in
regard to the scheduling of open
meetings as follows:
Wednesday, July 13, 2016: 10:00
a.m.—Issuance of Proposed Decisions in
claims against Iraq.
11:00 a.m.—Issuance of Proposed
Decisions in claims against Libya.
Status: Open.
All meetings are held at the Foreign
Claims Settlement Commission, 600 E
Street NW., Washington, DC. Requests
for information, or advance notices of
intention to observe an open meeting,
may be directed to: Patricia M. Hall,
Foreign Claims Settlement Commission,
600 E Street NW., Suite 6002,
Washington, DC 20579. Telephone:
(202) 616–6975.
Brian M. Simkin,
Chief Counsel.
[FR Doc. 2016–16091 Filed 7–1–16; 4:15 pm]
BILLING CODE 4410–ba–P
DEPARTMENT OF JUSTICE
ehiers on DSK5VPTVN1PROD with NOTICES
Notice of Lodging of Proposed Partial
Consent Decree Under the Clean Air
Act
On June 28, 2016, the Department of
Justice lodged a proposed 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
Products Liability Litigation, Case No:
MDL No. 2672 CRB (JSC), partially
resolving Clean Air Act and various
California claims (including under the
California Health and Safety Code)
against Volkswagen Group of America,
Inc., and others, concerning certain
noncompliant 2.0 liter diesel vehicles.
In addition, the Federal Trade
Commission (‘‘FTC’’) filed a related
proposed Partial Stipulated Order for
Permanent Injunction and Monetary
Judgment with Volkswagen (‘‘FTC
Order’’), and the private Plaintiffs’
Steering Committee (‘‘PSC’’) filed a
proposed Consumer Class Action
Settlement Agreement and Release
(‘‘Class Action Settlement’’) with
Volkswagen with respect to the 2.0 liter
diesel vehicles on the same date. The
three settlements resolve separate
claims but offer coordinated relief.
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, Audi AG,
VerDate Sep<11>2014
15:04 Jul 05, 2016
Jkt 238001
Dr. Ing. h.c. F. Porsche AG, and Porsche
Cars North America, Inc. 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). The United States’ complaint
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.
On June 27, 2016, the People of the
State of California (‘‘California’’), by and
through the California Air Resources
Board (‘‘CARB’’) and the California
Attorney General filed a complaint
against defendants alleging that
defendants violated Cal. Health & Safety
Code §§ 43106, 43107, 43151, 43152,
43153, 43205, 43211, and 43212; Cal.
Code Regs. tit. 13, §§ 1903, 1961, 1961.2,
1965, 1968.2, and 2037, and 40 CFR
Sections incorporated by reference in
those California regulations; Cal. Bus. &
Prof. Code §§ 17200 et seq., 17500 et
seq., and 17580.5; Cal. Civ. Code § 3494;
and 12 U.S.C. 5531 et seq., with regard
to approximately 71,000 model year
2009 to 2015 motor vehicles containing
2.0 liter diesel engines and
approximately 16,000 model year 2009
to 2016 motor vehicles containing 3.0
liter diesel engines, for a total of
approximately 87,000 motor vehicles.
The California complaint alleges, in
relevant part, that the motor vehicles
contain prohibited defeat devices and
have resulted in, and continue to result
in, increased NOX emissions from each
such vehicle significantly in excess of
CARB requirements, that these vehicles
have resulted in the creation of a public
nuisance, and that defendants engaged
in related conduct that violated unfair
competition, false advertising, and
consumer protection laws.
This Partial Consent Decree
(‘‘Decree’’) is entered into between the
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
44051
United States, California, and certain of
the defendants, namely, Volkswagen
AG, Volkswagen Group of America, Inc.,
Volkswagen Group of America
Chattanooga Operations, LLC, and Audi
AG (collectively, ‘‘Volkswagen’’). The
Decree partially resolves the
governments’ claims for injunctive relief
with respect to the 2.0 Liter Subject
Vehicles, by providing remedies for the
cars on the road and the environmental
harm from the violations. It does not
address the governments’ claims, inter
alia, for prospective injunctive relief to
prevent future violations of the same
type that are alleged in the complaints,
claims for civil penalties, or claims
regarding the 3.0 liter Subject Vehicles.
Because the Decree only addresses 2.0
Liter Subject Vehicles, and the Porsche
defendants only manufacture 3.0 liter
diesel vehicles for the United States
market, no claims against the Porsche
defendants are settled under this
Decree.
Under the Decree, Volkswagen must
offer all Eligible Owners and Lessees of
Eligible Vehicles (all as defined in
Appendix A to the Decree) the option to
have Volkswagen buy back their cars or
to terminate their leases at no cost. In
addition, the Decree permits
Volkswagen to submit for EPA and
CARB review and approval, a proposal
for modifying the 2.0 Liter Subject
Vehicles to reduce emissions. If EPA
and CARB approve an emissions
modification for any category of the 2.0
Liter Subject Vehicles, Volkswagen
must also offer all Eligible Owners and
Lessees of an Eligible Vehicle the
additional option of receiving an
emissions modification in lieu of a
buyback. Volkswagen must achieve a
recall rate (through the buyback, lease
termination, scrapped vehicles, and the
emissions modification option, if
approved) of 85% by June 30, 2019. If
it fails to do so, Volkswagen must
augment the mitigation trust fund
discussed below by $85 million for each
1% that it falls short of the 85% rate.
Volkswagen must also achieve a
separate 85% recall rate for vehicles in
California, and must pay $13.5 million
to the mitigation trust (solely for
mitigation projects in California) for
each 1% that it falls short of this target.
See Decree Section IV.D and
Appendices A and B.
In connection with the buyback,
Volkswagen must pay Eligible Owners
no less than the cost of the retail
purchase of a comparable replacement
vehicle of similar value, condition and
mileage as of September 17, 2015, the
day before the existence of the defeat
devices was made known to the public
(‘‘retail replacement value’’). The Decree
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ehiers on DSK5VPTVN1PROD with NOTICES
44052
Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices
acknowledges that Volkswagen may
satisfy this obligation through offering
the payments required by the FTC Order
and the Class Action Settlement, which
are at least equal to the retail
replacement value. The buyback/lease
termination program under the Decree
remains open for two years after the
Decree is entered by the Court. See
Decree Section IV.A and Appendix A. If
EPA and CARB approve an emissions
modification, Volkswagen must offer it
to consumers indefinitely. See Decree
Section IV.B and Appendices A and B.
Volkswagen has set aside a defined
funding pool for consumer payments
associated with the buyback, lease
termination, and emissions modification
compensation programs pursuant to the
requirements of this Decree and the
related FTC Order and Class Action
Settlement, and may fund consumer
payments in connection with buyback,
lease termination, and emissions
modifications up to $10,033,000,000.
In addition, under the Decree,
Volkswagen must fund a trust over three
years in the total amount of $2.7 billion,
which states, Puerto Rico, the District of
Columbia, and Indian tribes can use to
perform specified NOx mitigation
projects. This amount is expected to
fund projects to fully mitigate the total,
lifetime excess emissions from the 2.0
Liter Subject Vehicles. See Decree
Section IV.D and Appendix D. The trust
will be administered by a trustee to be
selected after the Decree is entered.
Finally, Volkswagen must invest $2
billion over a 10-year period to support
the increased use of zero emission
vehicle (‘‘ZEV’’) technology in the
United States, including the
development and maintenance of ZEV
charging stations and infrastructure. See
Consent Decree Section IV.C and
Appendix C.
The publication of this notice opens
a period for public comment on the
Partial Consent Decree. Comments
concerning the Partial Consent Decree
(but not concerning the FTC Order or
Class Action Settlement) 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:
VerDate Sep<11>2014
15:04 Jul 05, 2016
Jkt 238001
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O. Box
7611, Washington, D.C.
20044–7611.
By mail .........
The Partial Consent Decree, the FTC
Order, and the Class Action Settlement
may all be viewed and downloaded
from https://www.cand.uscourts.gov/crb/
vwmdl. During the public comment
period, the Partial Consent Decree may
also be examined and downloaded at
this Justice Department Web site:
https://www.justice.gov/enrd/consentdecrees. We will provide a paper copy
of the 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.
For the entire Partial Consent Decree
and its appendices, please enclose a
check or money order for $55.25 (25
cents per page reproduction cost)
payable to the United States Treasury.
For a copy of certain portions of the
Partial Consent Decree, please designate
which portions are requested, and
provide the appropriate amount of
money. For the Partial Consent Decree
without the exhibits and signature
pages, the cost is $13.50. For Appendix
A, the cost is $3.25. For Appendix B, the
cost is $17.25. For Appendix C, the cost
is $8.50. For Appendix D, the cost is
$10.75.
Karen S. Dworkin,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2016–15858 Filed 7–5–16; 8:45 am]
BILLING CODE 4410–15–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (16–045)]
Notice of Intent To Grant a Partially
Exclusive License
National Aeronautics and
Space Administration.
ACTION: Notice of Intent to Grant a
Partially Exclusive License.
AGENCY:
This notice is issued in
accordance with 35 U.S.C. 209(e) and 37
CFR 404.7(a)(1)(i). NASA hereby gives
notice of its intent to grant a partially
exclusive license in the United States to
practice the invention described and
claimed in U.S. Patent No. 7,086,593 B2
SUMMARY:
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
titled ‘‘Magnetic Field Response
Measurement Acquisition System,’’
NASA Case No. LAR–16908–1; U.S.
Patent No. 7,047,807 B2 titled ‘‘Flexible
Framework for Capacitive Sensing,’’
NASA Case No. LAR–16974–1; U.S.
Patent No. 7,159,774 B2 titled
‘‘Magnetic Field Response Measurement
Acquisition System,’’ NASA Case No.
LAR–17280–1; U.S. Patent No.
8,167,204 B2 titled ‘‘Wireless Damage
Location Sensing System,’’ NASA Case
No. LAR–17593–1; U.S. Patent No.
8,179,203 B2 titled ‘‘Wireless Electrical
Device Using Open-Circuit Elements
Having No Electrical Connections,’’
NASA Case No. LAR–17711–1; U.S.
Patent No. 8,430,327 B2 titled ‘‘Wireless
Sensing System Using Open-Circuit,
Electrically-Conductive Spiral-Trace
Sensor,’’ NASA Case No. LAR–17294–1;
U.S. Patent Application No. 14/520,785
titled ‘‘Multi-Layer Wireless Sensor
Construct for Use at Electrically
Conductive Material Surfaces,’’ NASA
Case No. LAR–18399–1; U.S. Patent
Application No. 14/520,863 titled
‘‘Antenna for Far Field Transceiving,’’
NASA Case No. LAR–18400–1; U.S.
Patent Application No. 14/520,679 titled
‘‘Plasma Generator Using Spiral
Conductors,’’ NASA Case No. LAR–
18401–1, to Remcal Products having its
principal place of business in
Warrington, PA. The fields of use may
be limited to, but not necessarily limited
to, nondestructive evaluation and
testing of manufactured products
(including molded plastic parts, rubber
parts, extruded parts and machined
parts) using hand-held probes and/or
custom-designed test assemblies. The
patent rights in these inventions have
been assigned to the United States of
America as represented by the
Administrator of the National
Aeronautics and Space Administration.
The prospective partially exclusive
license will comply with the terms and
conditions of 35 U.S.C. 209 and 37 CFR
404.7.
DATES: The prospective partially
exclusive license may be granted unless,
within fifteen (15) days from the date of
this published notice, NASA receives
written objections including evidence
and argument that establish that the
grant of the license would not be
consistent with the requirements of 35
U.S.C. 209 and 37 CFR. 404.7.
Competing applications completed and
received by NASA within fifteen (15)
days of the date of this published notice
will also be treated as objections to the
grant of the contemplated partially
exclusive license.
Objections submitted in response to
this notice will not be made available to
E:\FR\FM\06JYN1.SGM
06JYN1
Agencies
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Notices]
[Pages 44051-44052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15858]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Partial Consent Decree Under the
Clean Air Act
On June 28, 2016, the Department of Justice lodged a proposed
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 Products
Liability Litigation, Case No: MDL No. 2672 CRB (JSC), partially
resolving Clean Air Act and various California claims (including under
the California Health and Safety Code) against Volkswagen Group of
America, Inc., and others, concerning certain noncompliant 2.0 liter
diesel vehicles. In addition, the Federal Trade Commission (``FTC'')
filed a related proposed Partial Stipulated Order for Permanent
Injunction and Monetary Judgment with Volkswagen (``FTC Order''), and
the private Plaintiffs' Steering Committee (``PSC'') filed a proposed
Consumer Class Action Settlement Agreement and Release (``Class Action
Settlement'') with Volkswagen with respect to the 2.0 liter diesel
vehicles on the same date. The three settlements resolve separate
claims but offer coordinated relief.
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, Audi AG, Dr. Ing. h.c. F. Porsche
AG, and Porsche Cars North America, Inc. 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). The United
States' complaint 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.
On June 27, 2016, the People of the State of California
(``California''), by and through the California Air Resources Board
(``CARB'') and the California Attorney General filed a complaint
against defendants alleging that defendants violated Cal. Health &
Safety Code Sec. Sec. 43106, 43107, 43151, 43152, 43153, 43205, 43211,
and 43212; Cal. Code Regs. tit. 13, Sec. Sec. 1903, 1961, 1961.2,
1965, 1968.2, and 2037, and 40 CFR Sections incorporated by reference
in those California regulations; Cal. Bus. & Prof. Code Sec. Sec.
17200 et seq., 17500 et seq., and 17580.5; Cal. Civ. Code Sec. 3494;
and 12 U.S.C. 5531 et seq., with regard to approximately 71,000 model
year 2009 to 2015 motor vehicles containing 2.0 liter diesel engines
and approximately 16,000 model year 2009 to 2016 motor vehicles
containing 3.0 liter diesel engines, for a total of approximately
87,000 motor vehicles. The California complaint alleges, in relevant
part, that the motor vehicles contain prohibited defeat devices and
have resulted in, and continue to result in, increased NOX
emissions from each such vehicle significantly in excess of CARB
requirements, that these vehicles have resulted in the creation of a
public nuisance, and that defendants engaged in related conduct that
violated unfair competition, false advertising, and consumer protection
laws.
This Partial Consent Decree (``Decree'') is entered into between
the United States, California, and certain of the defendants, namely,
Volkswagen AG, Volkswagen Group of America, Inc., Volkswagen Group of
America Chattanooga Operations, LLC, and Audi AG (collectively,
``Volkswagen''). The Decree partially resolves the governments' claims
for injunctive relief with respect to the 2.0 Liter Subject Vehicles,
by providing remedies for the cars on the road and the environmental
harm from the violations. It does not address the governments' claims,
inter alia, for prospective injunctive relief to prevent future
violations of the same type that are alleged in the complaints, claims
for civil penalties, or claims regarding the 3.0 liter Subject
Vehicles. Because the Decree only addresses 2.0 Liter Subject Vehicles,
and the Porsche defendants only manufacture 3.0 liter diesel vehicles
for the United States market, no claims against the Porsche defendants
are settled under this Decree.
Under the Decree, Volkswagen must offer all Eligible Owners and
Lessees of Eligible Vehicles (all as defined in Appendix A to the
Decree) the option to have Volkswagen buy back their cars or to
terminate their leases at no cost. In addition, the Decree permits
Volkswagen to submit for EPA and CARB review and approval, a proposal
for modifying the 2.0 Liter Subject Vehicles to reduce emissions. If
EPA and CARB approve an emissions modification for any category of the
2.0 Liter Subject Vehicles, Volkswagen must also offer all Eligible
Owners and Lessees of an Eligible Vehicle the additional option of
receiving an emissions modification in lieu of a buyback. Volkswagen
must achieve a recall rate (through the buyback, lease termination,
scrapped vehicles, and the emissions modification option, if approved)
of 85% by June 30, 2019. If it fails to do so, Volkswagen must augment
the mitigation trust fund discussed below by $85 million for each 1%
that it falls short of the 85% rate. Volkswagen must also achieve a
separate 85% recall rate for vehicles in California, and must pay $13.5
million to the mitigation trust (solely for mitigation projects in
California) for each 1% that it falls short of this target. See Decree
Section IV.D and Appendices A and B.
In connection with the buyback, Volkswagen must pay Eligible Owners
no less than the cost of the retail purchase of a comparable
replacement vehicle of similar value, condition and mileage as of
September 17, 2015, the day before the existence of the defeat devices
was made known to the public (``retail replacement value''). The Decree
[[Page 44052]]
acknowledges that Volkswagen may satisfy this obligation through
offering the payments required by the FTC Order and the Class Action
Settlement, which are at least equal to the retail replacement value.
The buyback/lease termination program under the Decree remains open for
two years after the Decree is entered by the Court. See Decree Section
IV.A and Appendix A. If EPA and CARB approve an emissions modification,
Volkswagen must offer it to consumers indefinitely. See Decree Section
IV.B and Appendices A and B.
Volkswagen has set aside a defined funding pool for consumer
payments associated with the buyback, lease termination, and emissions
modification compensation programs pursuant to the requirements of this
Decree and the related FTC Order and Class Action Settlement, and may
fund consumer payments in connection with buyback, lease termination,
and emissions modifications up to $10,033,000,000.
In addition, under the Decree, Volkswagen must fund a trust over
three years in the total amount of $2.7 billion, which states, Puerto
Rico, the District of Columbia, and Indian tribes can use to perform
specified NOx mitigation projects. This amount is expected to fund
projects to fully mitigate the total, lifetime excess emissions from
the 2.0 Liter Subject Vehicles. See Decree Section IV.D and Appendix D.
The trust will be administered by a trustee to be selected after the
Decree is entered.
Finally, Volkswagen must invest $2 billion over a 10-year period to
support the increased use of zero emission vehicle (``ZEV'') technology
in the United States, including the development and maintenance of ZEV
charging stations and infrastructure. See Consent Decree Section IV.C
and Appendix C.
The publication of this notice opens a period for public comment on
the Partial Consent Decree. Comments concerning the Partial Consent
Decree (but not concerning the FTC Order or Class Action Settlement)
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:
------------------------------------------------------------------------
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, D.C. 20044-7611.
------------------------------------------------------------------------
The Partial Consent Decree, the FTC Order, and the Class Action
Settlement may all be viewed and downloaded from https://www.cand.uscourts.gov/crb/vwmdl. During the public comment period, the
Partial Consent 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 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.
For the entire Partial Consent Decree and its appendices, please
enclose a check or money order for $55.25 (25 cents per page
reproduction cost) payable to the United States Treasury. For a copy of
certain portions of the Partial Consent Decree, please designate which
portions are requested, and provide the appropriate amount of money.
For the Partial Consent Decree without the exhibits and signature
pages, the cost is $13.50. For Appendix A, the cost is $3.25. For
Appendix B, the cost is $17.25. For Appendix C, the cost is $8.50. For
Appendix D, the cost is $10.75.
Karen S. Dworkin,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2016-15858 Filed 7-5-16; 8:45 am]
BILLING CODE 4410-15-P