Products Liability Law Daily Wrap Up, FEDERAL REGISTER NOTICES—NHTSA regulatory activity, (Oct 4, 2024)

By WK Editorial Staff

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

DEFECT PETITION: The National Highway Traffic Safety Administration (NHTSA) has denied a defect petition (DP22003) requesting an investigation into loss of motive power i ...

By WK Editorial Staff

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

DEFECT PETITION: The National Highway Traffic Safety Administration (NHTSA) has denied a defect petition (DP22003) requesting an investigation into loss of motive power incidents attributed to oil drain pan assembly failures in model year (MY) 2005-2021 Hyundai Motor America, Inc. and Kia America, Inc. vehicles. NHTSA found insufficient evidence of a vehicle-based defect pertaining to the oil pan assemblies. Rather, the documented incidents appeared to be related to a failure to follow the proper procedure during an oil change service (NHTSA Denial of a petition for a defect investigation, 89 Fed. Reg. 75640 (Sept. 16, 2024)).

INFORMATION COLLECTIONS: NHTSA is seeking comments on its intent to request approval from the Office of Management and Budget (OMB) for the following information collections:

Advanced driver assistance systems. NHTSA proposes to conduct a research study to examine the effectiveness of lane departure warnings and “lane keep assist” for improving driver response. The total estimated burden for this information collection is 808 hours total, or 269 annual burden hours (based on a three-year period of performance). The total opportunity cost for participants in the study is estimated to be $28,263, or $9,421 annually. Comments are due by November 4, 2024 (NHTSA Notice, 89 Fed. Reg. 71777 (Sept. 3, 2024)).
Reporting of potential defects. NHTSA is requesting an extension of a currently approved information collection titled “Reporting of Information and Documents About Potential Defects.” Under this collection, manufacturers submit: (1) claims or notices for incidents involving death or injury; (2) numbers of property damage claims, consumer complaints, warranty claims, and field reports; (3) copies of field reports; and (4) other information that may assist NHTSA in identifying potential safety-related defects. NHTSA estimates that the total annual burden associated with this collection will be 54,088 hours. The total annual labor cost is expected to be about $2,919,696. Comments are due by November 19, 2024 (NHTSA Notice, 89 Fed. Reg. 77228 (Sept. 20, 2024)).

PETITIONS FOR DECISION OF INCONSEQUENTIAL NONCOMPLIANCE: NHTSA has denied the following petitions for a determination of inconsequential noncompliance, finding that the manufacturers failed to carry their burden of persuasion that the noncompliances are inconsequential to motor vehicle safety. As such, the petitioners must provide notification of, and a free remedy for, the noncompliances under 49 U.S.C. 30118 and 30120.

Harley-Davidson Motor Company’s petition involved about 12,931 MY 2018-2019 Softail FXBB Street Bob and FXLR Low Rider motorcycles, manufactured between June 22, 2017, and June 11, 2019, that do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 Pounds). The noncompliance is that the motorcycles are equipped with a certification label that incorrectly states the recommended cold inflation pressure for the front tires. According to NHTSA, owners may be at increased risk of bodily harm if they fill their tires to the significantly less safe cold tire pressure displayed on the label (NHTSA Denial of petition, 89 Fed. Reg. 76183 (Sept. 17, 2024)).
Winnebago Industries, Inc.’s petition involved approximately 13,126 motorhomes, manufactured between April 5, 2012, and November 4, 2022, that do not fully comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. The noncompliance is that the vehicles are equipped with front turn signal lamps that do not meet the standard’s luminous lens area requirements. NHTSA determined that this noncompliance reduces the visibility of the signal lamps and may increase the risk of a crash if other road users lack understanding of the subject vehicle’s intent to turn or make lane changes (NHTSA Denial of petition, 89 Fed. Reg. 77581 (Sept. 23, 2024)).

NHTSA has received petitions from the following companies seeking a determination that the subject noncompliance is inconsequential as it relates to motor vehicle safety:

Tesla, Inc. has determined that about 2,193,869 MY 2012-2023 Model S, MY 2016-2024 Model X, MY 2017-2023 Model 3, MY 2019-2024 Model Y, and MY 2024 Cybertruck vehicles do not fully comply with FMVSS No. 105, Hydraulic and Electric Brake Systems, and No. 135, Light Vehicle Brake Systems. The noncompliance is that the letter font size of the Brake, Park, and ABS visual warning indicators does not meet the font height requirements. Specifically, the font height is 1.5 mm, while the minimum font height requirement is 3.2 mm (1/8 inch). Comments are due by October 28, 2024 (NHTSA Receipt of petition, 89 Fed. Reg. 79358 (Sept. 27, 2024)).
Volkswagen Group of America, Inc. has determined that approximately 129,850 MY 2024 Volkswagen ID4, MY 2024 Audi Q4 E-TRON SUV, MY 2024 Audi Q4 E-TRON SPORTBACK, and MY 2019-2024 Audi Q3 vehicles, manufactured between May 21, 2023, and March 9, 2024, do not fully comply with FMVSS No. 208, Occupant Crash Protection. The noncompliance is that the owner’s manual provides an inaccurate length of time that the “Passenger Airbag On” telltale is illuminated while the air bag is active. Comments are due by October 17, 2024 (NHTSA Receipt of petition, 89 Fed. Reg. 76185 (Sept. 17, 2024)).

PETITION FOR TEMPORARY EXEMPTION: NHTSA has received a petition from Damon Motors Inc. requesting a temporary exemption from a rear wheel brake control requirement of FMVSS No. 123, Motorcycle controls and displays. The petitioner seeks to install the rear brake control on the left handlebar instead of on the right foot control. Damon states that the requested two-year exemption will allow it to introduce—for demonstration, development, and field evaluation—the HyperSport, a multi-variant zero-emission motorcycle equipped with advanced safety features aimed at improving the overall level of safety within the motorcycle industry. Comments are due by October 9, 2024 (NHTSA Notice, 89 Fed. Reg. 73186 (Sept. 9, 2024)).

Companies: Damon Motors Inc.; Harley-Davidson Motor Co.; Hyundai Motor America, Inc.; Kia America, Inc.; Tesla, Inc.; Volkswagen Group of America, Inc.; Winnebago Industries, Inc.

RegulatoryActivity: NoticesFR MotorVehiclesNews MotorEquipmentNews ReportsandStudiesNews

Products Liability Law Daily Wrap Up, FEDERAL REGISTER NOTICES—NHTSA regulatory activity, (Oct 4, 2024)

By WK Editorial Staff

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

DEFECT PETITION: The National Highway Traffic Safety Administration (NHTSA) has denied a defect petition (DP22003) requesting an investigation into loss of motive power i ...

By WK Editorial Staff

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

INFORMATION COLLECTIONS: NHTSA is seeking comments on its intent to request approval from the Office of Management and Budget (OMB) for the following information collections:

Advanced driver assistance systems. NHTSA proposes to conduct a research study to examine the effectiveness of lane departure warnings and “lane keep assist” for improving driver response. The total estimated burden for this information collection is 808 hours total, or 269 annual burden hours (based on a three-year period of performance). The total opportunity cost for participants in the study is estimated to be $28,263, or $9,421 annually. Comments are due by November 4, 2024 (NHTSA Notice, 89 Fed. Reg. 71777 (Sept. 3, 2024)).
Reporting of potential defects. NHTSA is requesting an extension of a currently approved information collection titled “Reporting of Information and Documents About Potential Defects.” Under this collection, manufacturers submit: (1) claims or notices for incidents involving death or injury; (2) numbers of property damage claims, consumer complaints, warranty claims, and field reports; (3) copies of field reports; and (4) other information that may assist NHTSA in identifying potential safety-related defects. NHTSA estimates that the total annual burden associated with this collection will be 54,088 hours. The total annual labor cost is expected to be about $2,919,696. Comments are due by November 19, 2024 (NHTSA Notice, 89 Fed. Reg. 77228 (Sept. 20, 2024)).

Harley-Davidson Motor Company’s petition involved about 12,931 MY 2018-2019 Softail FXBB Street Bob and FXLR Low Rider motorcycles, manufactured between June 22, 2017, and June 11, 2019, that do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 Pounds). The noncompliance is that the motorcycles are equipped with a certification label that incorrectly states the recommended cold inflation pressure for the front tires. According to NHTSA, owners may be at increased risk of bodily harm if they fill their tires to the significantly less safe cold tire pressure displayed on the label (NHTSA Denial of petition, 89 Fed. Reg. 76183 (Sept. 17, 2024)).
Winnebago Industries, Inc.’s petition involved approximately 13,126 motorhomes, manufactured between April 5, 2012, and November 4, 2022, that do not fully comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. The noncompliance is that the vehicles are equipped with front turn signal lamps that do not meet the standard’s luminous lens area requirements. NHTSA determined that this noncompliance reduces the visibility of the signal lamps and may increase the risk of a crash if other road users lack understanding of the subject vehicle’s intent to turn or make lane changes (NHTSA Denial of petition, 89 Fed. Reg. 77581 (Sept. 23, 2024)).

NHTSA has received petitions from the following companies seeking a determination that the subject noncompliance is inconsequential as it relates to motor vehicle safety:

Tesla, Inc. has determined that about 2,193,869 MY 2012-2023 Model S, MY 2016-2024 Model X, MY 2017-2023 Model 3, MY 2019-2024 Model Y, and MY 2024 Cybertruck vehicles do not fully comply with FMVSS No. 105, Hydraulic and Electric Brake Systems, and No. 135, Light Vehicle Brake Systems. The noncompliance is that the letter font size of the Brake, Park, and ABS visual warning indicators does not meet the font height requirements. Specifically, the font height is 1.5 mm, while the minimum font height requirement is 3.2 mm (1/8 inch). Comments are due by October 28, 2024 (NHTSA Receipt of petition, 89 Fed. Reg. 79358 (Sept. 27, 2024)).
Volkswagen Group of America, Inc. has determined that approximately 129,850 MY 2024 Volkswagen ID4, MY 2024 Audi Q4 E-TRON SUV, MY 2024 Audi Q4 E-TRON SPORTBACK, and MY 2019-2024 Audi Q3 vehicles, manufactured between May 21, 2023, and March 9, 2024, do not fully comply with FMVSS No. 208, Occupant Crash Protection. The noncompliance is that the owner’s manual provides an inaccurate length of time that the “Passenger Airbag On” telltale is illuminated while the air bag is active. Comments are due by October 17, 2024 (NHTSA Receipt of petition, 89 Fed. Reg. 76185 (Sept. 17, 2024)).

Companies: Damon Motors Inc.; Harley-Davidson Motor Co.; Hyundai Motor America, Inc.; Kia America, Inc.; Tesla, Inc.; Volkswagen Group of America, Inc.; Winnebago Industries, Inc.

RegulatoryActivity: NoticesFR MotorVehiclesNews MotorEquipmentNews ReportsandStudiesNews