Polaris Industries Inc., Provisional Acceptance of a Settlement Agreement and Order, 14447-14450 [2018-06820]
Download as PDF
<![CDATA[
amozie on DSK30RV082PROD with NOTICES
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices
Coordinator, NMFS. The report must
include the following information:
A. Time and date of the incident;
B. Description of the incident;
C. Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
D. Description of all marine mammal
observations in the 24 hours preceding
the incident;
E. Species identification or
description of the animal(s) involved;
F. Fate of the animal(s); and
G. Photographs or video footage of the
animal(s).
Activities shall not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS will work with Navy to
determine what measures are necessary
to minimize the likelihood of further
prohibited take and ensure MMPA
compliance. Navy may not resume their
activities until notified by NMFS.
ii. In the event that Navy discovers an
injured or dead marine mammal, and
the lead observer determines that the
cause of the injury or death is unknown
and the death is relatively recent (e.g.,
in less than a moderate state of
decomposition), Navy shall immediately
report the incident to the Office of
Protected Resources, NMFS, and the
Southeast Regional Stranding
Coordinator, NMFS.
The report must include the same
information identified in 6(b)(i) of this
IHA. Activities may continue while
NMFS reviews the circumstances of the
incident. NMFS will work with Navy to
determine whether additional
mitigation measures or modifications to
the activities are appropriate.
iii. In the event that Navy discovers
an injured or dead marine mammal, and
the lead observer determines that the
injury or death is not associated with or
related to the activities authorized in the
IHA (e.g., previously wounded animal,
carcass with moderate to advanced
decomposition, scavenger damage),
Navy shall report the incident to the
Office of Protected Resources, NMFS,
and the Southeast Regional Stranding
Coordinator, NMFS, within 24 hours of
the discovery. Navy shall provide
photographs or video footage or other
documentation of the stranded animal
sighting to NMFS. The Navy can
continue its operations under such a
case.
7. This Authorization may be
modified, suspended or withdrawn if
the holder fails to abide by the
conditions prescribed herein, or if
NMFS determines the authorized taking
is having more than a negligible impact
on the species or stock of affected
marine mammals.
VerDate Sep<11>2014
18:12 Apr 03, 2018
Jkt 244001
14447
Request for Public Comments
We request comment on our analyses,
the draft authorization, and any other
aspect of this Notice of Proposed IHA
for Navy’s Bravo wharf construction
activities. Please include with your
comments any supporting data or
literature citations to help inform our
final decision on Navy’s request for an
MMPA authorization.
SUPPLEMENTARY INFORMATION:
Dated: March 29, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
In the Matter of: POLARIS INDUSTRIES
INC.
[FR Doc. 2018–06772 Filed 4–3–18; 8:45 am]
1. In accordance with the Consumer
Product Safety Act, 15 U.S.C. §§ 2051–2089
(‘‘CPSA’’) and 16 CFR § 1118.20, Polaris
Industries Inc. (‘‘Polaris’’), and the United
States Consumer Product Safety Commission
(‘‘Commission’’), through its staff, hereby
enter into this Settlement Agreement
(‘‘Agreement’’). The Agreement and the
incorporated attached Order resolve staff’s
charges set forth below.
THE PARTIES
2. The Commission is an independent
federal regulatory agency, established
pursuant to, and responsible for the
enforcement of, the CPSA, 15 U.S.C. §§ 2051–
2089. By executing the Agreement, staff is
acting on behalf of the Commission, pursuant
to 16 CFR § 1118.20(b). The Commission
issues the Order under the provisions of the
CPSA.
3. Polaris is a corporation, organized and
existing under the laws of the state of
Minnesota, with its principal place of
business in Medina, Minnesota.
STAFF CHARGES
4. Between February 2012 and April 2016,
Polaris manufactured or imported,
distributed and offered for sale in the United
States approximately 133,000 Model Year
2013–2016 RZR 900 and Model Year 2014–
2016 RZR 1000 recreational off-road vehicles
(‘‘RZRs’’).
5. Between April 2013 and April 2017,
Polaris manufactured or imported,
distributed and offered for sale
approximately 93,500 Model Year 2014–2015
Ranger XP 900, XP 900 EPS and CREW 900
off-road vehicles (‘‘Rangers’’).
6. The RZRs and Rangers (collectively, the
‘‘Vehicles’’) are ‘‘consumer products’’ that
were ‘‘distribut[ed] in commerce,’’ as those
terms are defined or used in sections 3(a)(5)
and (8) of the CPSA, 15 U.S.C. § 2052(a)(5)
and (8). Polaris is a ‘‘manufacturer’’ of the
Vehicles and imported the Vehicles, as such
terms are defined in sections 3(a)(9) and (11)
of the CPSA, 15 U.S.C. § 2052(a)(9) and (11).
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 18–C0001]
Polaris Industries Inc., Provisional
Acceptance of a Settlement Agreement
and Order
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
It is the policy of the
Commission to publish settlements
which it provisionally accepts under the
Consumer Product Safety Act in the
Federal Register in accordance with the
terms of the Consumer Product Safety
Commission’s regulations. Published
below is a provisionally-accepted
Settlement Agreement with Polaris
Industries Inc. containing a civil penalty
in the amount of twenty seven million,
two hundred and fifty thousand dollars
($27,250,000), to be paid within thirty
(30) days of service of the Commission’s
final Order accepting the Settlement
Agreement.
DATES: Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by April 19,
2018.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 18–C0001, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Daniel R. Vice, Trial Attorney, Division
of Compliance, Office of the General
Counsel, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, Maryland 20814–4408;
telephone (301) 504–6996.
SUMMARY:
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
The text of
the Agreement and Order appears
below.
Dated: March 30, 2018.
Alberta E. Mills,
Secretary.
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY
COMMISSION
CPSC Docket No.: 18–C0001
SETTLEMENT AGREEMENT
Violation of CPSA Section 19(a)(4)
Staff Charges Regarding RZR 900s and 1000s
7. The RZRs contained one or more defects
which could create a substantial product
hazard and create an unreasonable risk of
serious injury or death because the RZRs
could catch fire while consumers were
driving, posing fire and burn hazards to
drivers and passengers.
E:\FR\FM\04APN1.SGM
04APN1
14448
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices
amozie on DSK30RV082PROD with NOTICES
8. Despite information that reasonably
supported the conclusion that the RZRs
contained one or more defects that could
create a substantial product hazard or create
an unreasonable risk of serious injury or
death, Polaris did not immediately report to
CPSC.
9. Instead, Polaris filed a Full Report
concerning the fire risk associated with MY
2014 to MY 2016 RZRs on February 19, 2016.
By that time, Polaris reported that it had
received reports of 150 fires on MY 14–MY
16 RZRs that had resulted in the death of a
15-year-old passenger from a rollover that
resulted in a fire, 11 reports of burn injuries,
and a fire that burned ten acres of land.
10. Polaris and the CPSC announced a
recall of 133,000 MY 13–16 RZRs on April
19, 2016, because the RZRs could catch fire
while consumers were driving, posing fire
and burn hazards to drivers and passengers.
The repair remedy offered to consumers for
this recall differed from the repair remedy
offered for an earlier recall, jointly
announced by Polaris and CPSC in October
2015 on MY 15 RZR 900s and 1000s,
involving a pinched fuel tank vent line. By
the time Polaris announced the April 2016
recall, it had received more than 160 reports
of fires in MY 13–16 RZRs, including the
fatality previously reported to CPSC and 19
reports of injuries, including first, second
and third degree burns.
Staff Charges Regarding Ranger 900s
11. The Rangers contained a defect which
could create a substantial product hazard and
create an unreasonable risk of serious injury
or death because the heat shield could fall off
the vehicle, posing fire and burn hazards to
riders.
12. Between December 2013 and July 2016,
Polaris received 36 reports of fires associated
with the MY 14 Rangers, including two
incidents that resulted in minor burns to
consumers. Polaris also implemented design
changes to increase the attachment screw
length and require the attachment screws to
be fastened to a steel frame member to
prevent the heat shields from becoming loose
and falling off. The first design change was
implemented on MY 15 Rangers and the
latter on MY 16 Rangers.
13. Despite information that reasonably
supported the conclusion that the MY 14
Rangers contained a defect that could create
a substantial product hazard or created an
unreasonable risk of serious injury or death,
Polaris did not immediately report to CPSC.
14. Instead, Polaris filed a Full Report on
the MY 14 Rangers with the Commission,
under 15 U.S.C. § 2064(b), on July 12, 2016.
15. Polaris and the Commission jointly
announced a recall of 42,500 MY 14 Rangers
on September 15, 2016 (‘‘First Ranger
Recall’’) because the heat shields could fall
off the vehicle, posing fire and burn hazards
to riders.
16. Subsequent to the First Ranger Recall,
Polaris received reports of heat shields
coming loose or falling off on the MY 15
Ranger, including two reports of fire. Polaris
did not immediately report this information
to CPSC.
17. Instead, Polaris filed a Full Report on
MY 15 Ranger 900s in March 2017, when the
VerDate Sep<11>2014
18:12 Apr 03, 2018
Jkt 244001
number of heat shield incidents on Rangers
had reached 10, including five reports of
fires. Polaris and CPSC jointly announced a
recall of the MY 15 Rangers on April 13,
2017.
Staff Charges of Failure to Report
Immediately
18. Despite having information reasonably
supporting the conclusion that the Vehicles
contained a defect or created an unreasonable
risk of serious injury, Polaris did not notify
the Commission immediately of such defect
or risk, as required by sections 15(b)(3) and
(4) of the CPSA, 15 U.S.C. § 2064(b)(3) and
(4), in violation of section 19(a)(4) of the
CPSA, 15 U.S.C. § 2068(a)(4).
19. Because the information in Polaris’
possession about the Vehicles constituted
actual and presumed knowledge, Polaris
knowingly violated section 19(a)(4) of the
CPSA, 15 U.S.C. § 2068(a)(4), as the term
‘‘knowingly’’ is defined in section 20(d) of
the CPSA, 15 U.S.C. § 2069(d).
20. Pursuant to section 20 of the CPSA, 15
U.S.C. § 2069, Polaris is subject to civil
penalties for its knowing violation of section
19(a)(4) of the CPSA, 15 U.S.C. § 2068(a)(4).
RESPONSE OF POLARIS
21. Polaris conducted reasonable,
expeditious, and diligent investigations into
the reports of thermal events relating to the
RZR and Ranger Vehicles. The RZR and
Ranger Vehicles are four-wheel vehicles that
have automotive-style controls and seating.
Particularly in gasoline-powered vehicles,
fires and other thermal events are notoriously
difficult to evaluate and often do not allow
for, and in fact impede, the prompt
identification of root causes. Fires can, and
do, occur in gasoline-powered vehicles for
reasons unrelated to any potential defect in
the vehicles. The causes of the fires varied.
Polaris identified these causes over time in
the course of its investigations. The issues
involved in the RZR recall announced on
April 19, 2016 were unrelated to an earlier
recall, jointly announced in October 2015 on
MY 2015 RZR 900s and 1000s, involving a
pinched fuel tank vent line. Many of the RZR
incidents received attention in the public
media.
22. The signing of this Agreement does not
constitute an admission by Polaris of the
staff’s charges in paragraphs 4 through 20,
including, but not limited to, the charges that
(a) the Vehicles contained defects that could
create a substantial product hazard and
created an unreasonable risk of serious
injury; (b) Polaris failed to notify the
Commission in a timely manner, in
accordance with sections 15(b)(3) and (4) of
the CPSA, 15 U.S.C. §§ 2064(b)(3) and (4); (c)
Polaris failed to furnish information as
required by sections 15(b)(3) and (4) of the
CPSA, 15 U.S.C. § 2064(b)(3) and (4), in
violation of section 19(a)(4) of the CPSA, 15
U.S.C. § 2068(a)(4); and (d) there was any
‘‘knowing’’ violation of the CPSA as that term
is defined in section 20(d) of the CPSA, 15
U.S.C. § 2069(d).
23. The voluntary recalls of the RZR and
Ranger Vehicles, as well as the voluntary
section 15(b) reporting, by Polaris were
conducted out of an abundance of caution
and without Polaris having determined or
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
concluded that the RZR Vehicles or Ranger
Vehicles contained a defect or posed an
unreasonable risk of serious injury.
24. Polaris enters this Agreement to settle
this matter without the delay and
unnecessary expense of litigation.
AGREEMENT OF THE PARTIES
25. Under the CPSA, the Commission has
jurisdiction over the matter involving the
Vehicles and over Polaris.
26. The parties enter into the Agreement
for settlement purposes only. The Agreement
does not constitute an admission by Polaris
or a determination by the Commission that
Polaris violated the CPSA’s reporting
requirements.
27. In settlement of staff’s charges of
violations of the CPSA, 15 U.S.C.
§ 2068(a)(4), and to avoid the cost,
distraction, delay, uncertainty, and
inconvenience of protracted litigation or
other proceedings, Polaris shall pay a civil
penalty in the amount of twenty seven
million, two hundred and fifty thousand
dollars ($27,250,000) within thirty (30)
calendar days after receiving service of the
Commission’s final Order accepting the
Agreement. All payments to be made under
the Agreement shall constitute debts owing
to the United States and shall be made by
electronic wire transfer to the United States
via https://www.pay.gov, for allocation to, and
credit against, the payment obligations of
Polaris under this Agreement. Failure to
make such payment by the date specified in
the Commission’s final Order shall constitute
Default.
28. All unpaid amounts, if any, due and
owing under the Agreement, shall constitute
a debt due and immediately owing by Polaris
to the United States, and interest shall accrue
and be paid by Polaris at the federal legal rate
of interest set forth at 28 U.S.C. § 1961(a) and
(b) from the date of Default, until all amounts
due have been paid in full (hereinafter
‘‘Default Payment Amount’’ and ‘‘Default
Interest Balance’’). Polaris shall consent to a
Consent Judgment in the amount of the
Default Payment Amount and Default Interest
Balance, and the United States, at its sole
option, may collect the entire Default
Payment Amount and Default Interest
Balance, or exercise any other rights granted
by law or in equity, including, but not
limited to, referring such matters for private
collection, and Polaris agrees not to contest,
and hereby waives and discharges any
defenses to, any collection action undertaken
by the United States, or its agents or
contractors, pursuant to this paragraph.
Polaris shall pay the United States all
reasonable costs of collection and
enforcement under this paragraph,
respectively, including reasonable attorney’s
fees and expenses.
29. After staff receives this Agreement
executed on behalf of Polaris, staff shall
promptly submit the Agreement to the
Commission for provisional acceptance.
Promptly following provisional acceptance of
the Agreement by the Commission, the
Agreement shall be placed on the public
record and published in the Federal Register,
in accordance with the procedures set forth
in 16 CFR § 1118.20(e). If the Commission
does not receive any written request not to
E:\FR\FM\04APN1.SGM
04APN1
amozie on DSK30RV082PROD with NOTICES
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices
accept the Agreement within fifteen (15)
calendar days, the Agreement shall be
deemed finally accepted on the 16th calendar
day after the date the Agreement is published
in the Federal Register, in accordance with
16 CFR § 1118.20(f).
30. This Agreement is conditioned upon,
and subject to, the Commission’s final
acceptance, as set forth above, and it is
subject to the provisions of 16 CFR
§ 1118.20(h). Upon the later of: (i)
Commission’s final acceptance of this
Agreement and service of the accepted
Agreement upon Polaris, and (ii) the date of
issuance of the final Order, this Agreement
shall be in full force and effect, and shall be
binding upon the parties.
31. Effective upon the later of: (i) the
Commission’s final acceptance of the
Agreement and service of the accepted
Agreement upon Polaris and (ii) the date of
issuance of the final Order, for good and
valuable consideration, Polaris hereby
expressly and irrevocably waives and agrees
not to assert any past, present, or future
rights to the following, in connection with
the matter described in this Agreement: (i) an
administrative or judicial hearing; (ii)
judicial review or other challenge or contest
of the Commission’s actions; (iii) a
determination by the Commission of whether
Polaris failed to comply with the CPSA and
the underlying regulations; (iv) a statement of
findings of fact and conclusions of law; and
(v) any claims under the Equal Access to
Justice Act.
32. After receipt of the payment set forth
in paragraph 27 above, the Commission
releases and agrees that it will not seek civil
penalties from Polaris, including its current
and former directors, officers, employees,
successors and assigns, for any violation of
section 19(a)(4) of the CPSA, 15 U.S.C.
§ 2068(a)(4), regarding a hazard or defect
reported in connection with a model year
vehicle for which Polaris, as of June 29, 2017,
had submitted an Initial or Full Report under
CPSA section 15(b), 15 U.S.C. § 2064(b), and
16 CFR § 1115.13(c) and (d). This paragraph
does not relieve Polaris from the continuing
duty to report to the Commission any new,
additional or different information as
required by CPSA section 15(b), 15 U.S.C.
§ 2064(b), and the regulations at 16 CFR part
1115.
33. Polaris represents and warrants that the
information supplied by Polaris to the
Commission in connection with the matters
addressed in the Agreement was, at the time
provided to the Commission, full, complete
and accurate, to the best of Polaris’
knowledge.
34. Polaris shall maintain a compliance
program designed to ensure compliance with
the CPSA with respect to any consumer
product imported, manufactured, distributed
or sold by Polaris, and which shall contain
the following elements: (i) written standards,
policies and procedures, including those
designed to ensure that information that may
relate to or impact CPSA compliance is
conveyed effectively to personnel responsible
for CPSA compliance, whether or not an
injury is referenced; (ii) a mechanism for
confidential employee reporting of
compliance-related questions or concerns to
VerDate Sep<11>2014
18:12 Apr 03, 2018
Jkt 244001
either a compliance officer or to another
senior manager with authority to act as
necessary; (iii) effective communication of
company compliance-related policies and
procedures regarding the CPSA to all
applicable employees through training
programs or otherwise; (iv) Polaris’ senior
management responsibility for, and general
board oversight of, CPSA compliance; and (v)
retention of all CPSA compliance-related
records for at least five (5) years, and
availability of such records to staff upon
request.
35. Polaris shall maintain and enforce a
system of internal controls and procedures
designed to ensure that, with respect to all
consumer products imported, manufactured,
distributed or sold by Polaris: (i) information
required to be disclosed by Polaris to the
Commission is recorded, processed and
reported in accordance with applicable law;
(ii) all reporting made to the Commission is
timely, truthful, complete, accurate and in
accordance with applicable law; and (iii)
prompt disclosure is made to Polaris’
management of any significant deficiencies
or material weaknesses in the design or
operation of such internal controls that are
reasonably likely to affect adversely, in any
material respect, Polaris’ ability to record,
process and report to the Commission in
accordance with applicable law.
36. Upon reasonable request of staff,
Polaris shall provide written documentation
of its internal controls and procedures,
including, but not limited to, the effective
dates of the procedures and improvements
thereto. Polaris shall cooperate fully and
truthfully with staff and shall make available
all non-privileged information and materials,
and personnel deemed necessary by staff to
evaluate Polaris’ compliance with the terms
of the Agreement.
37. The parties acknowledge and agree that
the Commission may publicize the terms of
the Agreement and the Order.
38. Polaris represents that the Agreement:
(i) is entered into freely and voluntarily,
without any degree of duress or compulsion
whatsoever; (ii) has been duly authorized;
and (iii) constitutes the valid and binding
obligation of Polaris, enforceable against
Polaris in accordance with its terms. Polaris
will not directly or indirectly receive any
reimbursement, indemnification, insurancerelated payment, or other payment in
connection with the civil penalty to be paid
by Polaris pursuant to the Agreement and
Order. The individuals signing the
Agreement on behalf of Polaris represent and
warrant that they are duly authorized by
Polaris to execute the Agreement.
39. The signatories represent that they are
authorized to execute this Agreement.
40. The Agreement is governed by the laws
of the United States.
41. The Agreement and the Order shall
apply to, and be binding upon, Polaris and
each of its successors, transferees, and
assigns; and a violation of the Agreement or
Order may subject Polaris, and each of its
successors, transferees, and assigns, to
appropriate legal action.
42. The Agreement and the Order
constitute the complete agreement between
the parties on the subject matter contained
therein.
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
14449
43. The Agreement may be used in
interpreting the Order. Understandings,
agreements, representations, or
interpretations apart from those contained in
the Agreement and the Order may not be
used to vary or contradict their terms. For
purposes of construction, the Agreement
shall be deemed to have been drafted by both
of the parties and shall not, therefore, be
construed against any party, for that reason,
in any subsequent dispute.
44. The Agreement may not be waived,
amended, modified, or otherwise altered,
except as in accordance with the provisions
of 16 CFR § 1118.20(h). The Agreement may
be executed in counterparts.
45. If any provision of the Agreement or
the Order is held to be illegal, invalid, or
unenforceable under present or future laws
effective during the terms of the Agreement
and the Order, such provision shall be fully
severable. The balance of the Agreement and
the Order shall remain in full force and
effect, unless the Commission and Polaris
agree in writing that severing the provision
materially affects the purpose of the
Agreement and the Order.
POLARIS INDUSTRIES INC.
Dated: March 16, 2018
By:
lllllllllllllllllllll
Lucy Clark-Dougherty
Senior Vice President, General Counsel,
Compliance Officer and Secretary
POLARIS INDUSTRIES INC.
Dated: March 16, 2018
By:
lllllllllllllllllllll
Erika Z. Jones
Counsel to Polaris Industries Inc.
U.S. CONSUMER PRODUCT SAFETY
COMMISSION
Patricia Hanz
General Counsel
Dated: March 16, 2018
lllllllllllllllllllll
Mary B. Murphy
Assistant General Counsel
Dated: March 16, 2018
lllllllllllllllllllll
Daniel R. Vice
Trial Attorney
Division of Compliance
Office of the General Counsel
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY
COMMISSION
In the Matter of: POLARIS INDUSTRIES,
INC.
CPSC Docket No.: 18–C0001
ORDER
Upon consideration of the Settlement
Agreement entered into between Polaris
Industries Inc. (‘‘Polaris’’), and the U.S.
Consumer Product Safety Commission
(‘‘Commission’’), and the Commission having
jurisdiction over the subject matter and over
Polaris, and it appearing that the Settlement
Agreement and the Order are in the public
interest, it is:
ORDERED that the Settlement Agreement
be, and is, hereby, accepted; and it is
E:\FR\FM\04APN1.SGM
04APN1
14450
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices
amozie on DSK30RV082PROD with NOTICES
FURTHER ORDERED that Polaris shall
comply with the terms of the Settlement
Agreement and shall pay a civil penalty in
the amount of twenty seven million, two
hundred and fifty thousand dollars
($27,250,000), within thirty (30) days after
service of the Commission’s final Order
accepting the Settlement Agreement. The
payment shall be made by electronic wire
transfer to the Commission via: https://
www.pay.gov. Upon the failure of Polaris to
make the foregoing payment when due,
interest on the unpaid amount shall accrue
and be paid by Polaris at the federal legal rate
of interest set forth at 28 U.S.C. § 1961(a) and
(b). If Polaris fails to make such payment or
to comply in full with any other provision of
the Settlement Agreement, such conduct will
be considered a violation of the Settlement
Agreement and Order.
Provisionally accepted and provisional
Order issued on the 20th day of March, 2018.
Send your comments to: U.S. Energy
Information Administration, EI–25
Room BG–041, 1000 Independence Ave.
SW, Washington, DC 20585, Attn: Sasha
Abdalla.
If you prefer, you can email your
comments to sasha.abdalla@eia.gov.
FOR FURTHER INFORMATION CONTACT: If
you need additional information or
copies of the information collection
instrument, send your request to Sasha
Abdalla at 202–287–6323 or email it to
Sasha.Abdalla@eia.gov. The draft form
and instructions are available at https://
www.eia.gov/survey/#eia-806.
SUPPLEMENTARY INFORMATION: This
information collection request contains:
(1) OMB No.: New Survey;
(2) Information Collection Request
Title: Weekly Natural Gas Liquids
Report;
BY ORDER OF THE COMMISSION:
(3) Type of Request: New;
(4) Purpose: Weekly petroleum and
llllllllllllllllll
l
biofuels supply surveys are used to
Alberta E. Mills, Secretary
gather data on petroleum refinery
U.S. Consumer Product Safety
operations, blending, biofuels
Commission
production, inventory levels, and
[FR Doc. 2018–06820 Filed 4–3–18; 8:45 am]
imports of crude oil, petroleum
BILLING CODE 6355–01–P
products, and biofuels from samples of
operating companies, with the sampling
frame and sampled companies being
DEPARTMENT OF ENERGY
different for the various surveys. EIA’s
Office of Petroleum and Biofuels
Energy Information Administration
Statistics (PBS) proposes to begin
collecting weekly production and
Agency Information Collection
inventory of natural gas liquids (NGL)
Proposed New Survey
from operators of natural gas processing
plants and inventory data from
AGENCY: U.S. Energy Information
operators of natural gas liquids
Administration (EIA), Department of
fractionation plants using a new Form
Energy (DOE).
EIA–806 ‘‘Weekly Natural Gas Liquids
ACTION: Notice and request for
Report.’’ Data collected on Form EIA–
comments.
806 will be comparable but less detailed
than the data collected on Form EIA–
SUMMARY: EIA invites public comment
816 ‘‘Monthly Natural Gas Liquids
on the proposed collection of
Report’’. Implementing Form EIA–806
information, Form EIA–806, Weekly
Natural Gas Liquids Report, as required will allow EIA to improve timeliness
and accuracy of product supplied data
under the Paperwork Reduction Act of
1995. Form EIA–806 will collect data on in the Weekly Petroleum Status Report
in order to better support policy and
production and stocks of natural gas
business decisions relating to the
liquids (NGL) on a weekly basis. The
natural gas processing industry and
new survey will allow EIA to improve
accuracy of weekly propane production NGL markets such as heating fuels,
transportation fuels, and
and, for the first time, allow EIA to
petrochemicals. Production of NGL from
report weekly natural gas liquids
gas processors has increased in recent
production using actual data collected
years, and EIA projections show
from gas processing plants.
continued growth of natural gas liquids
DATES: EIA must receive all comments
production through 2025. Form EIA–
on this proposed information collection
806 will allow EIA to improve the
no later than June 4, 2018. If you
accuracy of weekly propane production
anticipate any difficulties in submitting
and, for the first time, allow EIA to
your comments by the deadline, contact
report weekly natural gas liquids
the person listed in the ADDRESSES
production using actual data collected
section of this notice as soon as
from gas processing plants. Current
possible.
Weekly Petroleum Status Report
(WPSR) methodology uses the lastADDRESSES:
VerDate Sep<11>2014
18:12 Apr 03, 2018
Jkt 244001
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
available NGL production reported in
the Petroleum Supply Monthly (PSM) as
a constant value until a new PSM
number is published. Form EIA–806
will provide weekly estimates of total
NGL production based on actual values.
These weekly estimates will replace the
monthly values that are derived from
data reported on Form EIA–816. EIA
estimates the burden per response to
Form EIA–806 to be thirty (30) minutes.
NGL production from gas processing
plants is used in the WPSR calculation
of U.S. total petroleum demand. Annual
NGL production from gas processing
plants increased as a percent of U.S.
total petroleum demand from just under
10 percent in 2000 to nearly 18 percent
in 2016.
(5) Annual Estimated Number of
Respondents: 275;
(6) Annual Estimated Number of
Total Responses: 14,300;
(7) Annual Estimated Number of
Burden Hours: 7,150;
(8) Annual Estimated Reporting and
Recordkeeping Cost Burden: The cost of
the burden hours is estimated to be
$541,183.50 (7,150 burden hours times
$75.69 per hour). EIA estimates that
respondents will have no additional
costs associated with the surveys other
the burden hours.
Comments are invited on whether or
not: (a) The proposed collection of
information is necessary for the proper
performance of agency functions,
including whether the information will
have a practical utility; (b) EIA’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used, is accurate; (c) EIA
can improve the quality, utility, and
clarity of the information it will collect;
and (d) EIA can minimize the burden of
the collection of information on
respondents, such as automated
collection techniques or other forms of
information technology.
Statutory Authority: Section 13(b) of the
Federal Energy Administration Act of 1974,
Pub. L. 93–275, codified as 15 U.S.C. 772(b)
and the DOE Organization Act of 1977, Pub.
L. 95–91, codified at 42 U.S.C. 7101 et seq.
Issued in Washington, DC, on March 28,
2018.
Nanda Srinivasan,
Director, Office of Survey Development and
Statistical Integration, U.S. Energy
Information Administration.
[FR Doc. 2018–06866 Filed 4–3–18; 8:45 am]
BILLING CODE 6450–01–P
E:\FR\FM\04APN1.SGM
04APN1
]]>Agencies
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14447-14450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06820]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 18-C0001]
Polaris Industries Inc., Provisional Acceptance of a Settlement
Agreement and Order
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: It is the policy of the Commission to publish settlements
which it provisionally accepts under the Consumer Product Safety Act in
the Federal Register in accordance with the terms of the Consumer
Product Safety Commission's regulations. Published below is a
provisionally-accepted Settlement Agreement with Polaris Industries
Inc. containing a civil penalty in the amount of twenty seven million,
two hundred and fifty thousand dollars ($27,250,000), to be paid within
thirty (30) days of service of the Commission's final Order accepting
the Settlement Agreement.
DATES: Any interested person may ask the Commission not to accept this
agreement or otherwise comment on its contents by filing a written
request with the Office of the Secretary by April 19, 2018.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 18-C0001, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: Daniel R. Vice, Trial Attorney,
Division of Compliance, Office of the General Counsel, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-
4408; telephone (301) 504-6996.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: March 30, 2018.
Alberta E. Mills,
Secretary.
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY COMMISSION
In the Matter of: POLARIS INDUSTRIES INC.
CPSC Docket No.: 18-C0001
SETTLEMENT AGREEMENT
1. In accordance with the Consumer Product Safety Act, 15 U.S.C.
Sec. Sec. 2051-2089 (``CPSA'') and 16 CFR Sec. 1118.20, Polaris
Industries Inc. (``Polaris''), and the United States Consumer
Product Safety Commission (``Commission''), through its staff,
hereby enter into this Settlement Agreement (``Agreement''). The
Agreement and the incorporated attached Order resolve staff's
charges set forth below.
THE PARTIES
2. The Commission is an independent federal regulatory agency,
established pursuant to, and responsible for the enforcement of, the
CPSA, 15 U.S.C. Sec. Sec. 2051-2089. By executing the Agreement,
staff is acting on behalf of the Commission, pursuant to 16 CFR
Sec. 1118.20(b). The Commission issues the Order under the
provisions of the CPSA.
3. Polaris is a corporation, organized and existing under the
laws of the state of Minnesota, with its principal place of business
in Medina, Minnesota.
STAFF CHARGES
4. Between February 2012 and April 2016, Polaris manufactured or
imported, distributed and offered for sale in the United States
approximately 133,000 Model Year 2013-2016 RZR 900 and Model Year
2014-2016 RZR 1000 recreational off-road vehicles (``RZRs'').
5. Between April 2013 and April 2017, Polaris manufactured or
imported, distributed and offered for sale approximately 93,500
Model Year 2014-2015 Ranger XP 900, XP 900 EPS and CREW 900 off-road
vehicles (``Rangers'').
6. The RZRs and Rangers (collectively, the ``Vehicles'') are
``consumer products'' that were ``distribut[ed] in commerce,'' as
those terms are defined or used in sections 3(a)(5) and (8) of the
CPSA, 15 U.S.C. Sec. 2052(a)(5) and (8). Polaris is a
``manufacturer'' of the Vehicles and imported the Vehicles, as such
terms are defined in sections 3(a)(9) and (11) of the CPSA, 15
U.S.C. Sec. 2052(a)(9) and (11).
Violation of CPSA Section 19(a)(4)
Staff Charges Regarding RZR 900s and 1000s
7. The RZRs contained one or more defects which could create a
substantial product hazard and create an unreasonable risk of
serious injury or death because the RZRs could catch fire while
consumers were driving, posing fire and burn hazards to drivers and
passengers.
[[Page 14448]]
8. Despite information that reasonably supported the conclusion
that the RZRs contained one or more defects that could create a
substantial product hazard or create an unreasonable risk of serious
injury or death, Polaris did not immediately report to CPSC.
9. Instead, Polaris filed a Full Report concerning the fire risk
associated with MY 2014 to MY 2016 RZRs on February 19, 2016. By
that time, Polaris reported that it had received reports of 150
fires on MY 14-MY 16 RZRs that had resulted in the death of a 15-
year-old passenger from a rollover that resulted in a fire, 11
reports of burn injuries, and a fire that burned ten acres of land.
10. Polaris and the CPSC announced a recall of 133,000 MY 13-16
RZRs on April 19, 2016, because the RZRs could catch fire while
consumers were driving, posing fire and burn hazards to drivers and
passengers. The repair remedy offered to consumers for this recall
differed from the repair remedy offered for an earlier recall,
jointly announced by Polaris and CPSC in October 2015 on MY 15 RZR
900s and 1000s, involving a pinched fuel tank vent line. By the time
Polaris announced the April 2016 recall, it had received more than
160 reports of fires in MY 13-16 RZRs, including the fatality
previously reported to CPSC and 19 reports of injuries, including
first, second and third degree burns.
Staff Charges Regarding Ranger 900s
11. The Rangers contained a defect which could create a
substantial product hazard and create an unreasonable risk of
serious injury or death because the heat shield could fall off the
vehicle, posing fire and burn hazards to riders.
12. Between December 2013 and July 2016, Polaris received 36
reports of fires associated with the MY 14 Rangers, including two
incidents that resulted in minor burns to consumers. Polaris also
implemented design changes to increase the attachment screw length
and require the attachment screws to be fastened to a steel frame
member to prevent the heat shields from becoming loose and falling
off. The first design change was implemented on MY 15 Rangers and
the latter on MY 16 Rangers.
13. Despite information that reasonably supported the conclusion
that the MY 14 Rangers contained a defect that could create a
substantial product hazard or created an unreasonable risk of
serious injury or death, Polaris did not immediately report to CPSC.
14. Instead, Polaris filed a Full Report on the MY 14 Rangers
with the Commission, under 15 U.S.C. Sec. 2064(b), on July 12,
2016.
15. Polaris and the Commission jointly announced a recall of
42,500 MY 14 Rangers on September 15, 2016 (``First Ranger Recall'')
because the heat shields could fall off the vehicle, posing fire and
burn hazards to riders.
16. Subsequent to the First Ranger Recall, Polaris received
reports of heat shields coming loose or falling off on the MY 15
Ranger, including two reports of fire. Polaris did not immediately
report this information to CPSC.
17. Instead, Polaris filed a Full Report on MY 15 Ranger 900s in
March 2017, when the number of heat shield incidents on Rangers had
reached 10, including five reports of fires. Polaris and CPSC
jointly announced a recall of the MY 15 Rangers on April 13, 2017.
Staff Charges of Failure to Report Immediately
18. Despite having information reasonably supporting the
conclusion that the Vehicles contained a defect or created an
unreasonable risk of serious injury, Polaris did not notify the
Commission immediately of such defect or risk, as required by
sections 15(b)(3) and (4) of the CPSA, 15 U.S.C. Sec. 2064(b)(3)
and (4), in violation of section 19(a)(4) of the CPSA, 15 U.S.C.
Sec. 2068(a)(4).
19. Because the information in Polaris' possession about the
Vehicles constituted actual and presumed knowledge, Polaris
knowingly violated section 19(a)(4) of the CPSA, 15 U.S.C. Sec.
2068(a)(4), as the term ``knowingly'' is defined in section 20(d) of
the CPSA, 15 U.S.C. Sec. 2069(d).
20. Pursuant to section 20 of the CPSA, 15 U.S.C. Sec. 2069,
Polaris is subject to civil penalties for its knowing violation of
section 19(a)(4) of the CPSA, 15 U.S.C. Sec. 2068(a)(4).
RESPONSE OF POLARIS
21. Polaris conducted reasonable, expeditious, and diligent
investigations into the reports of thermal events relating to the
RZR and Ranger Vehicles. The RZR and Ranger Vehicles are four-wheel
vehicles that have automotive-style controls and seating.
Particularly in gasoline-powered vehicles, fires and other thermal
events are notoriously difficult to evaluate and often do not allow
for, and in fact impede, the prompt identification of root causes.
Fires can, and do, occur in gasoline-powered vehicles for reasons
unrelated to any potential defect in the vehicles. The causes of the
fires varied. Polaris identified these causes over time in the
course of its investigations. The issues involved in the RZR recall
announced on April 19, 2016 were unrelated to an earlier recall,
jointly announced in October 2015 on MY 2015 RZR 900s and 1000s,
involving a pinched fuel tank vent line. Many of the RZR incidents
received attention in the public media.
22. The signing of this Agreement does not constitute an
admission by Polaris of the staff's charges in paragraphs 4 through
20, including, but not limited to, the charges that (a) the Vehicles
contained defects that could create a substantial product hazard and
created an unreasonable risk of serious injury; (b) Polaris failed
to notify the Commission in a timely manner, in accordance with
sections 15(b)(3) and (4) of the CPSA, 15 U.S.C. Sec. Sec.
2064(b)(3) and (4); (c) Polaris failed to furnish information as
required by sections 15(b)(3) and (4) of the CPSA, 15 U.S.C. Sec.
2064(b)(3) and (4), in violation of section 19(a)(4) of the CPSA, 15
U.S.C. Sec. 2068(a)(4); and (d) there was any ``knowing'' violation
of the CPSA as that term is defined in section 20(d) of the CPSA, 15
U.S.C. Sec. 2069(d).
23. The voluntary recalls of the RZR and Ranger Vehicles, as
well as the voluntary section 15(b) reporting, by Polaris were
conducted out of an abundance of caution and without Polaris having
determined or concluded that the RZR Vehicles or Ranger Vehicles
contained a defect or posed an unreasonable risk of serious injury.
24. Polaris enters this Agreement to settle this matter without
the delay and unnecessary expense of litigation.
AGREEMENT OF THE PARTIES
25. Under the CPSA, the Commission has jurisdiction over the
matter involving the Vehicles and over Polaris.
26. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by Polaris or a
determination by the Commission that Polaris violated the CPSA's
reporting requirements.
27. In settlement of staff's charges of violations of the CPSA,
15 U.S.C. Sec. 2068(a)(4), and to avoid the cost, distraction,
delay, uncertainty, and inconvenience of protracted litigation or
other proceedings, Polaris shall pay a civil penalty in the amount
of twenty seven million, two hundred and fifty thousand dollars
($27,250,000) within thirty (30) calendar days after receiving
service of the Commission's final Order accepting the Agreement. All
payments to be made under the Agreement shall constitute debts owing
to the United States and shall be made by electronic wire transfer
to the United States via https://www.pay.gov, for allocation to, and
credit against, the payment obligations of Polaris under this
Agreement. Failure to make such payment by the date specified in the
Commission's final Order shall constitute Default.
28. All unpaid amounts, if any, due and owing under the
Agreement, shall constitute a debt due and immediately owing by
Polaris to the United States, and interest shall accrue and be paid
by Polaris at the federal legal rate of interest set forth at 28
U.S.C. Sec. 1961(a) and (b) from the date of Default, until all
amounts due have been paid in full (hereinafter ``Default Payment
Amount'' and ``Default Interest Balance''). Polaris shall consent to
a Consent Judgment in the amount of the Default Payment Amount and
Default Interest Balance, and the United States, at its sole option,
may collect the entire Default Payment Amount and Default Interest
Balance, or exercise any other rights granted by law or in equity,
including, but not limited to, referring such matters for private
collection, and Polaris agrees not to contest, and hereby waives and
discharges any defenses to, any collection action undertaken by the
United States, or its agents or contractors, pursuant to this
paragraph. Polaris shall pay the United States all reasonable costs
of collection and enforcement under this paragraph, respectively,
including reasonable attorney's fees and expenses.
29. After staff receives this Agreement executed on behalf of
Polaris, staff shall promptly submit the Agreement to the Commission
for provisional acceptance. Promptly following provisional
acceptance of the Agreement by the Commission, the Agreement shall
be placed on the public record and published in the Federal
Register, in accordance with the procedures set forth in 16 CFR
Sec. 1118.20(e). If the Commission does not receive any written
request not to
[[Page 14449]]
accept the Agreement within fifteen (15) calendar days, the
Agreement shall be deemed finally accepted on the 16th calendar day
after the date the Agreement is published in the Federal Register,
in accordance with 16 CFR Sec. 1118.20(f).
30. This Agreement is conditioned upon, and subject to, the
Commission's final acceptance, as set forth above, and it is subject
to the provisions of 16 CFR Sec. 1118.20(h). Upon the later of: (i)
Commission's final acceptance of this Agreement and service of the
accepted Agreement upon Polaris, and (ii) the date of issuance of
the final Order, this Agreement shall be in full force and effect,
and shall be binding upon the parties.
31. Effective upon the later of: (i) the Commission's final
acceptance of the Agreement and service of the accepted Agreement
upon Polaris and (ii) the date of issuance of the final Order, for
good and valuable consideration, Polaris hereby expressly and
irrevocably waives and agrees not to assert any past, present, or
future rights to the following, in connection with the matter
described in this Agreement: (i) an administrative or judicial
hearing; (ii) judicial review or other challenge or contest of the
Commission's actions; (iii) a determination by the Commission of
whether Polaris failed to comply with the CPSA and the underlying
regulations; (iv) a statement of findings of fact and conclusions of
law; and (v) any claims under the Equal Access to Justice Act.
32. After receipt of the payment set forth in paragraph 27
above, the Commission releases and agrees that it will not seek
civil penalties from Polaris, including its current and former
directors, officers, employees, successors and assigns, for any
violation of section 19(a)(4) of the CPSA, 15 U.S.C. Sec.
2068(a)(4), regarding a hazard or defect reported in connection with
a model year vehicle for which Polaris, as of June 29, 2017, had
submitted an Initial or Full Report under CPSA section 15(b), 15
U.S.C. Sec. 2064(b), and 16 CFR Sec. 1115.13(c) and (d). This
paragraph does not relieve Polaris from the continuing duty to
report to the Commission any new, additional or different
information as required by CPSA section 15(b), 15 U.S.C. Sec.
2064(b), and the regulations at 16 CFR part 1115.
33. Polaris represents and warrants that the information
supplied by Polaris to the Commission in connection with the matters
addressed in the Agreement was, at the time provided to the
Commission, full, complete and accurate, to the best of Polaris'
knowledge.
34. Polaris shall maintain a compliance program designed to
ensure compliance with the CPSA with respect to any consumer product
imported, manufactured, distributed or sold by Polaris, and which
shall contain the following elements: (i) written standards,
policies and procedures, including those designed to ensure that
information that may relate to or impact CPSA compliance is conveyed
effectively to personnel responsible for CPSA compliance, whether or
not an injury is referenced; (ii) a mechanism for confidential
employee reporting of compliance-related questions or concerns to
either a compliance officer or to another senior manager with
authority to act as necessary; (iii) effective communication of
company compliance-related policies and procedures regarding the
CPSA to all applicable employees through training programs or
otherwise; (iv) Polaris' senior management responsibility for, and
general board oversight of, CPSA compliance; and (v) retention of
all CPSA compliance-related records for at least five (5) years, and
availability of such records to staff upon request.
35. Polaris shall maintain and enforce a system of internal
controls and procedures designed to ensure that, with respect to all
consumer products imported, manufactured, distributed or sold by
Polaris: (i) information required to be disclosed by Polaris to the
Commission is recorded, processed and reported in accordance with
applicable law; (ii) all reporting made to the Commission is timely,
truthful, complete, accurate and in accordance with applicable law;
and (iii) prompt disclosure is made to Polaris' management of any
significant deficiencies or material weaknesses in the design or
operation of such internal controls that are reasonably likely to
affect adversely, in any material respect, Polaris' ability to
record, process and report to the Commission in accordance with
applicable law.
36. Upon reasonable request of staff, Polaris shall provide
written documentation of its internal controls and procedures,
including, but not limited to, the effective dates of the procedures
and improvements thereto. Polaris shall cooperate fully and
truthfully with staff and shall make available all non-privileged
information and materials, and personnel deemed necessary by staff
to evaluate Polaris' compliance with the terms of the Agreement.
37. The parties acknowledge and agree that the Commission may
publicize the terms of the Agreement and the Order.
38. Polaris represents that the Agreement: (i) is entered into
freely and voluntarily, without any degree of duress or compulsion
whatsoever; (ii) has been duly authorized; and (iii) constitutes the
valid and binding obligation of Polaris, enforceable against Polaris
in accordance with its terms. Polaris will not directly or
indirectly receive any reimbursement, indemnification, insurance-
related payment, or other payment in connection with the civil
penalty to be paid by Polaris pursuant to the Agreement and Order.
The individuals signing the Agreement on behalf of Polaris represent
and warrant that they are duly authorized by Polaris to execute the
Agreement.
39. The signatories represent that they are authorized to
execute this Agreement.
40. The Agreement is governed by the laws of the United States.
41. The Agreement and the Order shall apply to, and be binding
upon, Polaris and each of its successors, transferees, and assigns;
and a violation of the Agreement or Order may subject Polaris, and
each of its successors, transferees, and assigns, to appropriate
legal action.
42. The Agreement and the Order constitute the complete
agreement between the parties on the subject matter contained
therein.
43. The Agreement may be used in interpreting the Order.
Understandings, agreements, representations, or interpretations
apart from those contained in the Agreement and the Order may not be
used to vary or contradict their terms. For purposes of
construction, the Agreement shall be deemed to have been drafted by
both of the parties and shall not, therefore, be construed against
any party, for that reason, in any subsequent dispute.
44. The Agreement may not be waived, amended, modified, or
otherwise altered, except as in accordance with the provisions of 16
CFR Sec. 1118.20(h). The Agreement may be executed in counterparts.
45. If any provision of the Agreement or the Order is held to be
illegal, invalid, or unenforceable under present or future laws
effective during the terms of the Agreement and the Order, such
provision shall be fully severable. The balance of the Agreement and
the Order shall remain in full force and effect, unless the
Commission and Polaris agree in writing that severing the provision
materially affects the purpose of the Agreement and the Order.
POLARIS INDUSTRIES INC.
Dated: March 16, 2018
By:
-----------------------------------------------------------------------
Lucy Clark-Dougherty
Senior Vice President, General Counsel, Compliance Officer and
Secretary
POLARIS INDUSTRIES INC.
Dated: March 16, 2018
By:
-----------------------------------------------------------------------
Erika Z. Jones
Counsel to Polaris Industries Inc.
U.S. CONSUMER PRODUCT SAFETY
COMMISSION
Patricia Hanz
General Counsel
Dated: March 16, 2018
-----------------------------------------------------------------------
Mary B. Murphy
Assistant General Counsel
Dated: March 16, 2018
-----------------------------------------------------------------------
Daniel R. Vice
Trial Attorney
Division of Compliance
Office of the General Counsel
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY COMMISSION
In the Matter of: POLARIS INDUSTRIES, INC.
CPSC Docket No.: 18-C0001
ORDER
Upon consideration of the Settlement Agreement entered into
between Polaris Industries Inc. (``Polaris''), and the U.S. Consumer
Product Safety Commission (``Commission''), and the Commission
having jurisdiction over the subject matter and over Polaris, and it
appearing that the Settlement Agreement and the Order are in the
public interest, it is:
ORDERED that the Settlement Agreement be, and is, hereby,
accepted; and it is
[[Page 14450]]
FURTHER ORDERED that Polaris shall comply with the terms of the
Settlement Agreement and shall pay a civil penalty in the amount of
twenty seven million, two hundred and fifty thousand dollars
($27,250,000), within thirty (30) days after service of the
Commission's final Order accepting the Settlement Agreement. The
payment shall be made by electronic wire transfer to the Commission
via: https://www.pay.gov. Upon the failure of Polaris to make the
foregoing payment when due, interest on the unpaid amount shall
accrue and be paid by Polaris at the federal legal rate of interest
set forth at 28 U.S.C. Sec. 1961(a) and (b). If Polaris fails to
make such payment or to comply in full with any other provision of
the Settlement Agreement, such conduct will be considered a
violation of the Settlement Agreement and Order.
Provisionally accepted and provisional Order issued on the 20th
day of March, 2018.
BY ORDER OF THE COMMISSION:
-----------------------------------------------------------------------
Alberta E. Mills, Secretary
U.S. Consumer Product Safety Commission
[FR Doc. 2018-06820 Filed 4-3-18; 8:45 am]
BILLING CODE 6355-01-P
