Products Liability Law Daily Wrap Up, FEDERAL REGISTER NOTICES—NHTSA regulatory activity, (Sep 2, 2026)

By WK Editorial Staff

A roundup of agency notices published in the Federal Register.

DEFECT PETITIONS. The National Highway Traffic Safety Administration (NHTSA) has denied a petition (No. DP26001) seeking a defect investigation into allegations that 2021-2023 Acura TLX an ...

By WK Editorial Staff

A roundup of agency notices published in the Federal Register.

DEFECT PETITIONS. The National Highway Traffic Safety Administration (NHTSA) has denied a petition (No. DP26001) seeking a defect investigation into allegations that 2021-2023 Acura TLX and 2022-2023 Acura MDX vehicles can lose all-wheel-drive capability due to failure of splines connecting the transaxle and power take-off unit. The agency found that the condition results in the vehicles operating in front-wheel-drive mode only and does not cause a loss of motive power or vehicle control. According to NHTSA, there was insufficient evidence that the alleged defect presented an unreasonable safety risk that would warrant a formal investigation (NHTSA Denial of petition, 91 Fed. Reg. 50916 (Aug. 6, 2026)).

NHTSA also denied a petition (No. DP26002) requesting an investigation into “whether the absence of a redundant mechanical wheel fastener locking mechanism constitutes a safety-related defect” in the heavy-vehicle sector. The data indicated that instances of loose or missing fasteners typically occur at higher mileages following fleet maintenance activities, rather than because of an inherent vehicle manufacturing or design defect. Further, commercial motor vehicle operators are required to conduct daily pre-trip inspections to detect and mitigate loose fasteners before operation. There was no evidence of a systemic safety defect, the agency determined (NHTSA Denial of petition, 91 Fed. Reg. 53338 (Aug. 17, 2026)).

INFORMATION COLLECTIONS. NHTSA is requesting comments on the following information collections:

Child restraint system registration. NHTSA will be seeking approval from the Office of Management and Budget (OMB) to reinstate and revise a previously approved information collection titled “Consolidated Child Restraint System Registration, Labeling and Defect Notifications.” The collection requires child restraint system manufacturers to provide safety instructions, registration options, and recall notification tools to help reduce misuse, increase product registrations, and enable manufacturers to directly notify owners of safety recalls. Comments are due by September 25, 2026 (NHTSA Notice, 91 Fed. Reg. 55157 (Aug. 26, 2026)).
Crash data. NHTSA intends to seek OMB approval for a new information collection to obtain structured information on states' and territories' practices related to linking or integrating motor vehicle crash data with injury surveillance and medical data (e.g., emergency medical services, emergency department, hospital inpatient discharge, trauma registry, and vital statistics). Comments are due by October 6, 2026 (NHTSA Notice, 91 Fed. Reg. 51218 (Aug. 7, 2026)).
Driver monitoring systems. NHTSA intends to request approval from OMB for a new information collection titled “Driver Monitoring System (DMS)—Applied Research to Develop Test Procedure for Drowsiness.” The collection will support NHTSA’s goal of developing a test protocol that different groups of testers can implement with a validated approach to inducing different levels of drowsiness, collecting driving data, and using the data to evaluate DMS efficacy. Comments are due by October 26, 2026 (NHTSA Notice, 91 Fed. Reg. 55162 (Aug. 26, 2026)).
Human-machine interface designs. NHTSA will be submitting to OMB a request to conduct a one-time voluntary experiment on drivers' interactions with commercially available vehicles with novel human machine interface (HMI) features/designs (e.g., fully digital instrument panel, large display screens, virtual controls, and infotainment systems). NHTSA will assess driver behavior, information needs, and performance to identify gaps in existing guidance and support the safe deployment of new automotive technologies. Comments are due by September 28, 2026 (NHTSA Notice, 91 Fed. Reg. 55432 (Aug. 27, 2026)).
Personal electronic devices. NHTSA will be submitting to OMB a request to conduct research on safety-related aspects of interactions with portable electronic device integration systems that allow access to smartphone applications through a vehicle’s built-in display. Data collected will include eye tracking measurements, vehicle performance metrics, task completion times, error rates, participant demographics, and responses to questionnaires about interface usage and acceptance. Comments are due by September 21, 2026 (NHTSA Notice, 91 Fed. Reg. 54434 (Aug. 21, 2026)).
Pulsating stop lamps. NHTSA intends to seek OMB approval for a new information collection titled “Pulsating Stop Lamps, Flashing Lights, and Distance Perception.” The collection will be part of a multi-phase research study involving up to 270 licensed drivers of various ages to evaluate potential safety benefits and disbenefits of implementing pulsating stop lamps on a broader scale across a range of driving contexts and over time. Comments are due by September 28, 2026 (NHTSA Notice, 91 Fed. Reg. 55663 (Aug. 28, 2026)).

PETITIONS FOR DECISION OF INCONSEQUENTIAL NONCOMPLIANCE. NHTSA has granted the following petitions, finding that the subject noncompliances are inconsequential as they relate to motor vehicle safety:

Mercedes-Benz AG and Mercedes-Benz USA, LLC’s petition stated that about 22,439 model year 2020-2021 Mercedes-Benz GLE350, GLE450, GLE580, GLS450, and GLS580 vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or Less, because the vehicle placard overstates the maximum permissible cold tire pressure as 320 kPa (46.41 psi) instead of 300 kPa (43.5 psi). NHTSA determined this did not present a safety risk because the tires are designed to safely withstand inflation pressures up to 350 kPa (50.8 psi) without affecting vehicle performance, load capacity, or the Tire Pressure Monitoring System (NHTSA Grant of petition, 91 Fed. Reg. 55669 (Aug. 28, 2026)).
Michelin North America, Inc.’s first petition explained that approximately 251,209 Uniroyal Laredo AT and Laredo HT replacement tires do not fully comply with FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles, because they are missing the required DOT symbol and the full or partial tire identification number (TIN) on one of the two sidewalls. NHTSA found that the tires otherwise meet performance and labeling requirements; the tires are correctly marked with size, loading, and inflation information; and the DOT symbol and full TIN are present on one sidewall and, therefore, the tires can be registered (NHTSA Grant of petition, 91 Fed. Reg. 55429 (Aug. 27, 2026)).
Michelin’s second petition stated that about 532 Michelin TEX T195/65R22 T-type spare tires 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 determined that the tires otherwise meet performance and labeling requirements, were installed only as original equipment on specific Range Rover Sport vehicles, have sufficient load-carrying capacity, and display the correct inflation information both prominently on the tire and on the vehicle placard (NHTSA Grant of petition, 91 Fed. Reg. 55661 (Aug. 28, 2026)).
Toyota Motor North America, Inc.’s petition said that approximately 3,981 model year 2020-2021 Toyota C-HR vehicles do not fully comply with FMVSS No. 110 because the vehicles were originally equipped with 17-inch wheels, but the tire information pressure labels indicate that the vehicles were originally equipped with 18-inch tires. According to NHTSA, the tire/wheel combination meets all other applicable FMVSS, and the cold tire inflation pressure specified on the placard is correct and is the recommended pressure for the tires installed on the vehicle (NHTSA Grant of petition, 91 Fed. Reg. 52396 (Aug. 13, 2026)).

NHTSA has received petitions from the following companies:

Allwin Powersports Corp. has determined that about 6,607 LS2 Rapid II Helmets do not fully comply with FMVSS No. 218, Motorcycle Helmets. The standard requires that when a helmet is subjected to the conditioning procedure specified in paragraph S7.2, the penetration test striker must not contact the surface of the test headform. The subject helmets do not comply with penetration requirements in ambient, low temperature and high temperature conditions on the left rear location. Comments are due by September 21, 2026 (NHTSA Receipt of petition, 91 Fed. Reg. 53934 (Aug. 20, 2026).
Spartan Fire, LLC has found that approximately 35 model year 2015-2023 Spartan Fire Gladiator and Spartan Fire Metro Star emergency vehicles do not fully comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, because they are equipped with “scene lights” installed as backup lamps that are not designed as backup lamps and may be too bright, exceeding the maximum photometric intensity allowed for backup lamps. Comments are due by September 28, 2026 (NHTSA Receipt of petition, 91 Fed. Reg. 55431 (Aug. 27, 2026)).

Companies: Allwin Powersports Corp.; American Honda Motor Co.; Mercedes-Benz AG; Mercedes-Benz USA, LLC; Michelin North America, Inc.; Spartan Fire, LLC; Toyota Motor North America, Inc.

RegulatoryActivity: NoticesFR MotorVehiclesNews MotorEquipmentNews ReportsandStudiesNews

Products Liability Law Daily Wrap Up, FEDERAL REGISTER NOTICES—NHTSA regulatory activity, (Sep 2, 2026)

By WK Editorial Staff

A roundup of agency notices published in the Federal Register.

DEFECT PETITIONS. The National Highway Traffic Safety Administration (NHTSA) has denied a petition (No. DP26001) seeking a defect investigation into allegations that 2021-2023 Acura TLX an ...

By WK Editorial Staff

A roundup of agency notices published in the Federal Register.

INFORMATION COLLECTIONS. NHTSA is requesting comments on the following information collections:

Child restraint system registration. NHTSA will be seeking approval from the Office of Management and Budget (OMB) to reinstate and revise a previously approved information collection titled “Consolidated Child Restraint System Registration, Labeling and Defect Notifications.” The collection requires child restraint system manufacturers to provide safety instructions, registration options, and recall notification tools to help reduce misuse, increase product registrations, and enable manufacturers to directly notify owners of safety recalls. Comments are due by September 25, 2026 (NHTSA Notice, 91 Fed. Reg. 55157 (Aug. 26, 2026)).
Crash data. NHTSA intends to seek OMB approval for a new information collection to obtain structured information on states' and territories' practices related to linking or integrating motor vehicle crash data with injury surveillance and medical data (e.g., emergency medical services, emergency department, hospital inpatient discharge, trauma registry, and vital statistics). Comments are due by October 6, 2026 (NHTSA Notice, 91 Fed. Reg. 51218 (Aug. 7, 2026)).
Driver monitoring systems. NHTSA intends to request approval from OMB for a new information collection titled “Driver Monitoring System (DMS)—Applied Research to Develop Test Procedure for Drowsiness.” The collection will support NHTSA’s goal of developing a test protocol that different groups of testers can implement with a validated approach to inducing different levels of drowsiness, collecting driving data, and using the data to evaluate DMS efficacy. Comments are due by October 26, 2026 (NHTSA Notice, 91 Fed. Reg. 55162 (Aug. 26, 2026)).
Human-machine interface designs. NHTSA will be submitting to OMB a request to conduct a one-time voluntary experiment on drivers' interactions with commercially available vehicles with novel human machine interface (HMI) features/designs (e.g., fully digital instrument panel, large display screens, virtual controls, and infotainment systems). NHTSA will assess driver behavior, information needs, and performance to identify gaps in existing guidance and support the safe deployment of new automotive technologies. Comments are due by September 28, 2026 (NHTSA Notice, 91 Fed. Reg. 55432 (Aug. 27, 2026)).
Personal electronic devices. NHTSA will be submitting to OMB a request to conduct research on safety-related aspects of interactions with portable electronic device integration systems that allow access to smartphone applications through a vehicle’s built-in display. Data collected will include eye tracking measurements, vehicle performance metrics, task completion times, error rates, participant demographics, and responses to questionnaires about interface usage and acceptance. Comments are due by September 21, 2026 (NHTSA Notice, 91 Fed. Reg. 54434 (Aug. 21, 2026)).
Pulsating stop lamps. NHTSA intends to seek OMB approval for a new information collection titled “Pulsating Stop Lamps, Flashing Lights, and Distance Perception.” The collection will be part of a multi-phase research study involving up to 270 licensed drivers of various ages to evaluate potential safety benefits and disbenefits of implementing pulsating stop lamps on a broader scale across a range of driving contexts and over time. Comments are due by September 28, 2026 (NHTSA Notice, 91 Fed. Reg. 55663 (Aug. 28, 2026)).

Mercedes-Benz AG and Mercedes-Benz USA, LLC’s petition stated that about 22,439 model year 2020-2021 Mercedes-Benz GLE350, GLE450, GLE580, GLS450, and GLS580 vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or Less, because the vehicle placard overstates the maximum permissible cold tire pressure as 320 kPa (46.41 psi) instead of 300 kPa (43.5 psi). NHTSA determined this did not present a safety risk because the tires are designed to safely withstand inflation pressures up to 350 kPa (50.8 psi) without affecting vehicle performance, load capacity, or the Tire Pressure Monitoring System (NHTSA Grant of petition, 91 Fed. Reg. 55669 (Aug. 28, 2026)).
Michelin North America, Inc.’s first petition explained that approximately 251,209 Uniroyal Laredo AT and Laredo HT replacement tires do not fully comply with FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles, because they are missing the required DOT symbol and the full or partial tire identification number (TIN) on one of the two sidewalls. NHTSA found that the tires otherwise meet performance and labeling requirements; the tires are correctly marked with size, loading, and inflation information; and the DOT symbol and full TIN are present on one sidewall and, therefore, the tires can be registered (NHTSA Grant of petition, 91 Fed. Reg. 55429 (Aug. 27, 2026)).
Michelin’s second petition stated that about 532 Michelin TEX T195/65R22 T-type spare tires 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 determined that the tires otherwise meet performance and labeling requirements, were installed only as original equipment on specific Range Rover Sport vehicles, have sufficient load-carrying capacity, and display the correct inflation information both prominently on the tire and on the vehicle placard (NHTSA Grant of petition, 91 Fed. Reg. 55661 (Aug. 28, 2026)).
Toyota Motor North America, Inc.’s petition said that approximately 3,981 model year 2020-2021 Toyota C-HR vehicles do not fully comply with FMVSS No. 110 because the vehicles were originally equipped with 17-inch wheels, but the tire information pressure labels indicate that the vehicles were originally equipped with 18-inch tires. According to NHTSA, the tire/wheel combination meets all other applicable FMVSS, and the cold tire inflation pressure specified on the placard is correct and is the recommended pressure for the tires installed on the vehicle (NHTSA Grant of petition, 91 Fed. Reg. 52396 (Aug. 13, 2026)).

NHTSA has received petitions from the following companies:

Allwin Powersports Corp. has determined that about 6,607 LS2 Rapid II Helmets do not fully comply with FMVSS No. 218, Motorcycle Helmets. The standard requires that when a helmet is subjected to the conditioning procedure specified in paragraph S7.2, the penetration test striker must not contact the surface of the test headform. The subject helmets do not comply with penetration requirements in ambient, low temperature and high temperature conditions on the left rear location. Comments are due by September 21, 2026 (NHTSA Receipt of petition, 91 Fed. Reg. 53934 (Aug. 20, 2026).
Spartan Fire, LLC has found that approximately 35 model year 2015-2023 Spartan Fire Gladiator and Spartan Fire Metro Star emergency vehicles do not fully comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, because they are equipped with “scene lights” installed as backup lamps that are not designed as backup lamps and may be too bright, exceeding the maximum photometric intensity allowed for backup lamps. Comments are due by September 28, 2026 (NHTSA Receipt of petition, 91 Fed. Reg. 55431 (Aug. 27, 2026)).

Companies: Allwin Powersports Corp.; American Honda Motor Co.; Mercedes-Benz AG; Mercedes-Benz USA, LLC; Michelin North America, Inc.; Spartan Fire, LLC; Toyota Motor North America, Inc.

RegulatoryActivity: NoticesFR MotorVehiclesNews MotorEquipmentNews ReportsandStudiesNews