Products Liability Law Daily Wrap Up, FEDERAL REGISTER NOTICES—CPSC and NHTSA regulatory activity, (Jan 14, 2025)

By WK Editorial Staff

A roundup of agency notices published in the Federal Register in December 2024.

INFORMATION COLLECTIONS: The Consumer Product Safety Commission (CPSC) is requesting comments on the following information collections:

• Carpet, rug flammability standards. CPSC seeks to renew the information collection requirements in the Standard for the Surface Flammability of Carpets and Rugs and the Standard for the Surface Flammability of Small Carpets and Rugs, issued under the Flammable Fabrics Act (FFA). Manufacturers and importers must provide a General Conformity Certificate or a Children’s Product Certificate based on testing results, which certifies that their products meet the applicable safety standards. Manufacturers and importers also may elect to issue a guaranty of compliance with the FFA. The total estimated annualized burden to respondents is 25,000 hours, and the total annualized cost to all respondents is estimated to be as high as $1,840,250. Comments are due by February 10, 2025 (CPSC Notice, 89 Fed. Reg. 99231 (Dec. 10, 2024)).

• Child strength study. The Commission also seeks to renew a generic information collection titled “Child Strength Study.” Strength capabilities of children are used to develop product performance requirements to reduce or eliminate the risk those products might pose to a child (e.g., a product breaking or collapsing, or liberation of a small part). The total burden of the collection is 2,267 hours. There are no costs to respondents and no respondent recordkeeping requirements associated with the study. Comments are due by January 30, 2025 (CPSC Notice, 89 Fed. Reg. 107112 (Dec. 31, 2024)).

PETITIONS FOR DECISION OF INCONSEQUENTIAL NONCOMPLIANCE: The National Highway Traffic Safety Administration (NHTSA) has granted the following petitions, finding that the subject noncompliance is inconsequential to motor vehicle safety:

• Hercules Tire & Rubber Company’s petition stated that about 67 Hercules Power ST2 size ST205/75R15 radial trailer tires, manufactured between November 23, 2020, and November 29, 2020, do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 Pounds), Specialty Tires, and Tires for Motorcycles, because the tire identification number incorrectly states the date code as “4280,” when it should state “4820” (NHTSA Grant of petition, 89 Fed. Reg. 106739 (Dec. 30, 2024)).

• Michelin North America, Inc.’s petition, in relevant part, stated that approximately 57 Michelin Primacy Tour A/S replacement passenger car tires, size 235/65R18 106H, manufactured between January 3, 2021, and January 23, 2021, do not fully comply with FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles, because the tire identification number contains an inverted plant code (NHTSA Grant of petition, 89 Fed. Reg. 106737 (Dec. 30, 2024)).

The following companies have submitted petitions for a decision of inconsequential noncompliance:

• Daimler Truck North America, LLC determined that one Model Year (MY) 2022 Western Star 4900 truck tractor, manufactured on October 6, 2021, does not fully comply with FMVSS No. 136, Electronic Stability Control Systems for Heavy Vehicles, because it is equipped with an “off-road mode” function that deactivates the required electronic stability control system, including at speeds above 12.4 mph (NHTSA Receipt of petition, 89 Fed. Reg. 95353 (Dec. 2, 2024)).

• FCA US LLC found that about 43,701 MY 2018-2022 Alfa Romeo Stelvio motor vehicles manufactured between April 12, 2017, and August 27, 2021, do not fully comply with FMVSS No. 111, Rear Visibility, because the rearview camera display includes “dynamic gridlines” that project the vehicle to be wider than it is. As a result, the “dynamic gridlines” partially cover the lower inside edges of the front test object when the steering wheel is straight (NHTSA Receipt of petition, 89 Fed. Reg. 95351 (Dec. 2, 2024)).

• Michelin North America, Inc. determined that approximately 532 Michelin TEX T195/65R22 T-type spare tires, manufactured between September 26, 2023, and March 6, 2024, do not fully comply with FMVSS No. 109, New Pneumatic Tires for Vehicles Manufactured from 1949 To 1975, Bias Ply Tires, and T-Type Spare Tires, because the tire markings show an incorrect pressure of 350 kPa (51 psi), instead of the correct 420 kPa (60 psi) in one location of the two required locations on each sidewall (NHTSA Receipt of petition, 89 Fed. Reg. 101093 (Dec. 13, 2024)).

Companies: Daimler Truck North America, LLC; FCA US LLC; Hercules Tire & Rubber Co.; Michelin North America, Inc.

RegulatoryActivity: NoticesFR MotorVehiclesNews MotorEquipmentNews ReportsandStudiesNews ProductTestingCertNews