Products Liability Law Daily Wrap Up, FEDERAL REGISTER NOTICES—CPSC and NHTSA regulatory activity, (Feb 4, 2025)

By WK Editorial Staff

A roundup of agency notices published in the Federal Register in January 2025.

DEFECT PETITIONS—MOTOR VEHICLES: The National Highway Traffic Safety Administration (NHTSA) has denied the following defect petitions, finding that an investigation is not warranted:

• DP22002. This petition requested an investigation into engine failures attributed to improperly sized wrist pins in the M274 engine of the petitioner’s model year (MY) 2015 Mercedes-Benz C300 vehicle. ODI found no relationship between wrist-pin conditions cited in a Mercedes-Benz service bulletin and engine failure or loss of motive power. Broader searches of the automaker’s field data and the agency’s Vehicle Owner Questionnaire database identified no trends meriting further investigation (NHTSA Denial of petition, 90 Fed. Reg. 7238 (Jan. 21, 2025)).

• DP23003. The petitioner here sought an investigation into an alleged defect involving the 48-volt mild hybrid system in MY 2023 Mercedes-Benz GLC300 vehicles. The petitioner alleged that the defect resulted in the frequent illumination of the engine warning light and the inability to start the vehicle. According to ODI, however, the subject component listed in the petition is not capable of causing a loss of motive power. Rather, the alleged defect was caused by a software deviation in the central powertrain controller, which Mercedes-Benz is resolving through an ongoing service campaign (NHTSA Denial of petition, 90 Fed. Reg. 4846 (Jan. 16, 2025)).

INFORMATION COLLECTION—HOUSEHOLD PRODUCTS: The Consumer Product Safety Commission (CPSC) is seeking comments on a proposed information collection titled “Bathtub Slip Resistance Study.” The study will quantify the minimum frictional performance required for a bathing surface to reduce slips and falls. CPSC staff will share the results with the ASTM F15.03 Committee on Safety Standards for Bathtub and Shower Structure. The annual estimated response burden is 500 hours (200 responses × 2.5 hours per response). Participants in the study will receive $100. Comments are due by March 7, 2025 (CPSC Notice, 90 Fed. Reg. 613 (Jan. 6, 2025)).

PETITIONS FOR DECISION OF INCONSEQUENTIAL NONCOMPLIANCE: NHTSA has granted the following petitions, finding that the subject noncompliance is inconsequential to motor vehicle safety:

• Gillig, LLC’s petition stated that approximately 925 MY 2013-2019 Gillig Low Floor buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect, because they are equipped with a starter interlock that allows starter operation while the transmission shift position is in a forward or reverse drive position. NHTSA agreed with the automaker that there is no risk of unintentional vehicle movement because the transmission controller defaults the transmission to neutral after an engine start (NHTSA Grant of petition, 90 Fed. Reg. 735 (Jan. 6, 2025)).

• Transamerica Tire Co. Ltd.’s petition stated that about 9,551 Transeagle ST radial tires, sizes ST235/85R16, ST235/80R16, and ST225/90R16, do not fully comply with FMVSS No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of More than 4,536 kilograms (10,000 pounds) and Motorcycles, because the Tire Identification Number contains an incorrect manufacturer’s code. NHTSA determined that the tires otherwise meet the standard’s performance criteria and that the noncompliance does not affect the ability of the manufacturer or consumer to identify the affected tires in the event of a recall (NHTSA Grant of petition, 90 Fed. Reg. 729 (Jan. 6, 2025)).

PETITION FOR TEMPORARY EXEMPTION—MOTOR VEHICLE EQUIPMENT: NHTSA has granted a petition by Legacy Limousines and Luxury Coaches for a temporary exemption from the requirement to install Type 2 seat belts (i.e., shoulder belts) at side-facing locations in the company's motorcoaches. The company is thus permitted to install Type 1 seat belts (lap belt only) at side-facing seating positions, instead of the Type 2 seat belts (lap and shoulder belts) required by FMVSS No. 208, Occupant crash protection. The agency believes that lap belts are not less protective than lap and shoulder belts for side-facing seats. Moreover, FMVSS No. 208 does not require shoulder belts on side-facing seats on any other vehicle type. The exemption applies to the petitioner's motorcoaches produced from January 21, 2025, until January 21, 2027 (NHTSA Notice of grant of a petition for temporary exemption, 90 Fed. Reg. 7234 (Jan. 21, 2025)).

STATE HIGHWAY SAFETY GRANT PROGRAMS: NHTSA has issued a notice setting forth the revised minimum performance measures that State Highway Safety Offices will use in their triennial Highway Safety Plans (3HSPs) to develop and implement their programs. These measures are divided into three categories: (1) universal core performance measures, which are required for all states; (2) strategic core performance measures, which are required for all states that have a corresponding countermeasure strategy in their 3HSP; and (3) state-developed performance measures (NHTSA Notice of availability, 90 Fed. Reg. 731 (Jan. 6, 2025)).

Companies: Gillig, LLC; Legacy Limousines and Luxury Coaches; Transamerica Tire Co. Ltd.

RegulatoryActivity: NoticesFR MotorVehiclesNews MotorEquipmentNews ReportsandStudiesNews HouseholdProductsNews