Products Liability Law Daily Wrap Up, FEDERAL REGISTER NOTICES—NHTSA regulatory activity, (Jan 6, 2026)

By WK Editorial Staff

A roundup of agency notices published in the Federal Register.

INCONSEQUENTIAL NONCOMPLIANCE. The National Highway Traffic Safety Administration (NHTSA) has taken action on several petitions seeking a determination of inconsequential noncompliance.

Den ...

By WK Editorial Staff

A roundup of agency notices published in the Federal Register.

INCONSEQUENTIAL NONCOMPLIANCE. The National Highway Traffic Safety Administration (NHTSA) has taken action on several petitions seeking a determination of inconsequential noncompliance.

Denial of petitions. NHTSA denied the following petitions, 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:

Evenflo Company, Inc.’s petition involved about 67,416 Evenflo All4One child restraint systems that do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. The noncompliance is that during testing, some systems changed to a different adjustment position. According to NHTSA, this creates a safety concern not only during a crash, but also during common use scenarios. In addition, the systems are at risk of exceeding the 70-degree back angle requirement, which could result in increased crash forces to the child's head and neck and the child slipping out of the restraint's internal harness (90 Fed. Reg. 58805 (Dec. 17, 2025)).
Motor Coach Industries, Inc.’s petition involved approximately 15,454 model year 1988-2022 coaches that do not fully comply with FMVSS No. 205, Glazing Materials. The noncompliance is that the vehicles’ curb view window to the immediate right of the driver has glazing rated AS-5 instead of AS-1 or AS-2. NHTSA said that in evening hours or poor weather conditions, the visibility through the affected window may be impacted because AS-5 glazing is more prone to abrasion and has reduced light transmittance. In addition, AS-5 glazing is not required to meet other performance requirements that are applicable to AS-2 glazing, and this could further degrade its ability to provide a minimum level of safety in this application (90 Fed. Reg. 55779 (Dec. 3, 2025)).

Grant of petitions. The agency has granted the following petitions, finding that the noncompliances are inconsequential as they relate to motor vehicle safety:

Continental Tire the Americas, LLC’s petition stated that about 419 Continental VanContact A/S tires, size LT245/70R17 119/116 Q, do not fully comply with FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles, because the sidewalls are missing the tire size prefix “LT.” NHTSA determined that the tires otherwise meet the standard’s performance and labeling requirements and that the loading information on the sidewalls is correct. Also, none of the tires were sold into the replacement market (90 Fed. Reg. 54867 (Nov. 28, 2025)).
ElectraMeccanica Vehicles Corp.’s petition explained that about 20 SOLO motorcycles are equipped with rims that are missing the manufacturer's name, trademark, or symbol marking, and, thus, do not fully comply with 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). Given the nature of the vehicle, the markings present on the rim, and the rim's unique design, NHTSA concluded that a consumer who encountered a problem with the rim could contact the vehicle manufacturer for further assistance or replace the rim based on the correct tire rim size present on the side of the rim (90 Fed. Reg. 61218 (Dec. 30, 2025)).
Goodyear Tire and Rubber Co.’s petition stated that approximately 534 Goodyear Convenience Spare tires, size T155/70D17 110M SL, do not fully comply with FMVSS No. 109, New Pneumatic and Certain Specialty Tires, because one sidewall is incorrectly marked with “Max Load 1,080 kg (2,337 lbs)” instead of “Max Load 1,060 kg (2,337 lbs).” NHTSA found that the tires are unlikely to be overloaded and that they are intended to be used infrequently and only for short durations. Also, the maximum load expressed in pounds is correct on both sidewalls (90 Fed. Reg. 61220 (Dec. 30, 2025)).

Michelin North America, Inc. had submitted three petitions:
- About 7,153 Michelin LTX A/T2 tires sized LT275/65R20 126/123R Load Range E do not fully comply with FMVSS No. 139, New Pneumatic Radial Tires For Light Vehicles, because they contain incorrect information regarding the general name of cord materials and the actual number of plies on the intended outboard sidewall. NHTSA concluded that this noncompliance has no effect on the operational safety of the vehicle and that the tires have the necessary information to be properly registered for a recall (90 Fed. Reg. 54860 (Nov. 28, 2025)).
- Approximately 14,047 Michelin X Works D tires 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, Specialty Tires, and Tires for Motorcycles, because they state the maximum dual load as 5,590 pounds at 120 psi, when they should state 6,005 pounds at 120 psi. According to NHTSA, consumers who follow the marked load values in pounds will not be in danger of overloading the tires (90 Fed. Reg. 54864 (Nov. 28, 2025)).
- Around 160 Michelin X Multi D+, size 11R22.5, replacement tires do not fully comply with FMVSS No. 119 because the sidewalls omit the designated load range letter “H.” The agency believes that enough information is present on the tires for dealers and consumers to properly select and use the tires (90 Fed. Reg. 54868 (Nov. 28, 2025)).

Toyota Motor North America’s petition stated that about 661 MY 2023 Subaru Solterra and Toyota bZ4X vehicles do not fully comply with 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. The noncompliance is that the tire information placard incorrectly states that the vehicle weight capacity is 925 pounds instead of 1,045 pounds. According to NHTSA, this error would not cause a consumer to load the vehicle beyond its original design specifications (90 Fed. Reg. 61222 (Dec. 30, 2025)).
Vee Rubber Corporation Ltd. and American Honda Motor Co., Inc.’s petition explained that approximately 29,018 Vee Rubber VRM133 motorcycle tires sizes 120/80-12 and 130/80-12, sold as original equipment to Honda for installation in certain Honda motorcycles, contain extra markings between the manufacturer's code and production week mark within the tire identification number (TIN), and therefore 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), Specialty Tires, and Tires for Motorcycles. NHTSA agreed with the petitioners that the additional characters in the TIN do not affect the ability of the manufacturer to identify the affected tires in the event of a recall in this specific case. The tires also otherwise meet the standard’s performance and labeling requirements (90 Fed. Reg. 54862 (Nov. 28, 2025)).
Volkswagen Group of America, Inc.’s petition said that approximately 652 MY 2019-2020 Audi A6, MY 2019-2020 Audi A7, and MY 2020 Audi A6 Allroad vehicles do not fully comply with 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. The noncompliance is that a tire placard label incorrectly includes cold tire inflation pressure information for a spare tire that is not present in the vehicles. Because there is no spare tire size listed on the placard, the vehicles would not be at risk of being overloaded, NHTSA determined (90 Fed. Reg. 61217 (Dec. 30, 2025)).

Receipt of petitions. NHTSA has received petitions from the following companies:

Ford Motor Co. submitted two petitions:
- The first one explains that approximately 1,876,448 Ford and Lincoln vehicles do not fully comply with FMVSS No. 138, Tire Pressure Monitoring Systems, and No. 209, Seat Belt Assemblies, because the Supplemental Owner's Guide is missing (1) a statement about the tire pressure monitoring system and (2) written instructions on the maintenance/inspection of the seatbelt assembly (90 Fed. Reg. 54869 (Nov. 28, 2025)).
- The second petition states that about 14,967 MY 2020-2025 Ford Transit vehicles do not fully comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, because the front turn signal lamps have an effective projected luminous lens area of 6313 sq mm, which is less than the minimum 7500 sq mm required for vehicles with an overall width of 2032 mm or more (90 Fed. Reg. 58368 (Dec. 16, 2025)).

ST Engineering Hackney, Inc. has determined that around 2,428 MY 2015-2022 Kidron Refrigerated Van trailers do not fully comply with FMVSS No. 223, Rear Impact Guards, because the rear impact guard labels do not include the guard manufacturer's address (90 Fed. Reg. 54865 (Nov. 28, 2025)).

Tesla, Inc. has determined that about 6,025 MY 2017-2023 Model 3 and MY 2020-2023 Model Y vehicles do not fully comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. The noncompliance is that the vehicles may have been equipped with stop and rear turn signal lamps—as part of the left-hand rear combination lamp—that have a photometric intensity of 321.47 cd (candela), exceeding the standard’s maximum photometric intensity of 300 cd (90 Fed. Reg. 54871 (Nov. 28, 2025)).

Companies: American Honda Motor Co., Inc.; Continental Tire the Americas, LLC; ElectraMeccanica Vehicles Corp.; Evenflo Company, Inc.; Ford Motor Co.; Goodyear Tire and Rubber Co.; Michelin North America, Inc.; Motor Coach Industries, Inc.; ST Engineering Hackney, Inc.; Tesla, Inc.; Toyota Motor North America; Vee Rubber Corporation Ltd.; Volkswagen Group of America, Inc.

RegulatoryActivity: NoticesFR MotorVehiclesNews MotorEquipmentNews

Products Liability Law Daily Wrap Up, FEDERAL REGISTER NOTICES—NHTSA regulatory activity, (Jan 6, 2026)

By WK Editorial Staff

A roundup of agency notices published in the Federal Register.

INCONSEQUENTIAL NONCOMPLIANCE. The National Highway Traffic Safety Administration (NHTSA) has taken action on several petitions seeking a determination of inconsequential noncompliance.

Den ...

By WK Editorial Staff

A roundup of agency notices published in the Federal Register.

INCONSEQUENTIAL NONCOMPLIANCE. The National Highway Traffic Safety Administration (NHTSA) has taken action on several petitions seeking a determination of inconsequential noncompliance.

Evenflo Company, Inc.’s petition involved about 67,416 Evenflo All4One child restraint systems that do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. The noncompliance is that during testing, some systems changed to a different adjustment position. According to NHTSA, this creates a safety concern not only during a crash, but also during common use scenarios. In addition, the systems are at risk of exceeding the 70-degree back angle requirement, which could result in increased crash forces to the child's head and neck and the child slipping out of the restraint's internal harness (90 Fed. Reg. 58805 (Dec. 17, 2025)).
Motor Coach Industries, Inc.’s petition involved approximately 15,454 model year 1988-2022 coaches that do not fully comply with FMVSS No. 205, Glazing Materials. The noncompliance is that the vehicles’ curb view window to the immediate right of the driver has glazing rated AS-5 instead of AS-1 or AS-2. NHTSA said that in evening hours or poor weather conditions, the visibility through the affected window may be impacted because AS-5 glazing is more prone to abrasion and has reduced light transmittance. In addition, AS-5 glazing is not required to meet other performance requirements that are applicable to AS-2 glazing, and this could further degrade its ability to provide a minimum level of safety in this application (90 Fed. Reg. 55779 (Dec. 3, 2025)).

Grant of petitions. The agency has granted the following petitions, finding that the noncompliances are inconsequential as they relate to motor vehicle safety:

Continental Tire the Americas, LLC’s petition stated that about 419 Continental VanContact A/S tires, size LT245/70R17 119/116 Q, do not fully comply with FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles, because the sidewalls are missing the tire size prefix “LT.” NHTSA determined that the tires otherwise meet the standard’s performance and labeling requirements and that the loading information on the sidewalls is correct. Also, none of the tires were sold into the replacement market (90 Fed. Reg. 54867 (Nov. 28, 2025)).
ElectraMeccanica Vehicles Corp.’s petition explained that about 20 SOLO motorcycles are equipped with rims that are missing the manufacturer's name, trademark, or symbol marking, and, thus, do not fully comply with 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). Given the nature of the vehicle, the markings present on the rim, and the rim's unique design, NHTSA concluded that a consumer who encountered a problem with the rim could contact the vehicle manufacturer for further assistance or replace the rim based on the correct tire rim size present on the side of the rim (90 Fed. Reg. 61218 (Dec. 30, 2025)).
Goodyear Tire and Rubber Co.’s petition stated that approximately 534 Goodyear Convenience Spare tires, size T155/70D17 110M SL, do not fully comply with FMVSS No. 109, New Pneumatic and Certain Specialty Tires, because one sidewall is incorrectly marked with “Max Load 1,080 kg (2,337 lbs)” instead of “Max Load 1,060 kg (2,337 lbs).” NHTSA found that the tires are unlikely to be overloaded and that they are intended to be used infrequently and only for short durations. Also, the maximum load expressed in pounds is correct on both sidewalls (90 Fed. Reg. 61220 (Dec. 30, 2025)).

Michelin North America, Inc. had submitted three petitions:
- About 7,153 Michelin LTX A/T2 tires sized LT275/65R20 126/123R Load Range E do not fully comply with FMVSS No. 139, New Pneumatic Radial Tires For Light Vehicles, because they contain incorrect information regarding the general name of cord materials and the actual number of plies on the intended outboard sidewall. NHTSA concluded that this noncompliance has no effect on the operational safety of the vehicle and that the tires have the necessary information to be properly registered for a recall (90 Fed. Reg. 54860 (Nov. 28, 2025)).
- Approximately 14,047 Michelin X Works D tires 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, Specialty Tires, and Tires for Motorcycles, because they state the maximum dual load as 5,590 pounds at 120 psi, when they should state 6,005 pounds at 120 psi. According to NHTSA, consumers who follow the marked load values in pounds will not be in danger of overloading the tires (90 Fed. Reg. 54864 (Nov. 28, 2025)).
- Around 160 Michelin X Multi D+, size 11R22.5, replacement tires do not fully comply with FMVSS No. 119 because the sidewalls omit the designated load range letter “H.” The agency believes that enough information is present on the tires for dealers and consumers to properly select and use the tires (90 Fed. Reg. 54868 (Nov. 28, 2025)).

Toyota Motor North America’s petition stated that about 661 MY 2023 Subaru Solterra and Toyota bZ4X vehicles do not fully comply with 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. The noncompliance is that the tire information placard incorrectly states that the vehicle weight capacity is 925 pounds instead of 1,045 pounds. According to NHTSA, this error would not cause a consumer to load the vehicle beyond its original design specifications (90 Fed. Reg. 61222 (Dec. 30, 2025)).
Vee Rubber Corporation Ltd. and American Honda Motor Co., Inc.’s petition explained that approximately 29,018 Vee Rubber VRM133 motorcycle tires sizes 120/80-12 and 130/80-12, sold as original equipment to Honda for installation in certain Honda motorcycles, contain extra markings between the manufacturer's code and production week mark within the tire identification number (TIN), and therefore 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), Specialty Tires, and Tires for Motorcycles. NHTSA agreed with the petitioners that the additional characters in the TIN do not affect the ability of the manufacturer to identify the affected tires in the event of a recall in this specific case. The tires also otherwise meet the standard’s performance and labeling requirements (90 Fed. Reg. 54862 (Nov. 28, 2025)).
Volkswagen Group of America, Inc.’s petition said that approximately 652 MY 2019-2020 Audi A6, MY 2019-2020 Audi A7, and MY 2020 Audi A6 Allroad vehicles do not fully comply with 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. The noncompliance is that a tire placard label incorrectly includes cold tire inflation pressure information for a spare tire that is not present in the vehicles. Because there is no spare tire size listed on the placard, the vehicles would not be at risk of being overloaded, NHTSA determined (90 Fed. Reg. 61217 (Dec. 30, 2025)).

Receipt of petitions. NHTSA has received petitions from the following companies:

Ford Motor Co. submitted two petitions:
- The first one explains that approximately 1,876,448 Ford and Lincoln vehicles do not fully comply with FMVSS No. 138, Tire Pressure Monitoring Systems, and No. 209, Seat Belt Assemblies, because the Supplemental Owner's Guide is missing (1) a statement about the tire pressure monitoring system and (2) written instructions on the maintenance/inspection of the seatbelt assembly (90 Fed. Reg. 54869 (Nov. 28, 2025)).
- The second petition states that about 14,967 MY 2020-2025 Ford Transit vehicles do not fully comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, because the front turn signal lamps have an effective projected luminous lens area of 6313 sq mm, which is less than the minimum 7500 sq mm required for vehicles with an overall width of 2032 mm or more (90 Fed. Reg. 58368 (Dec. 16, 2025)).

ST Engineering Hackney, Inc. has determined that around 2,428 MY 2015-2022 Kidron Refrigerated Van trailers do not fully comply with FMVSS No. 223, Rear Impact Guards, because the rear impact guard labels do not include the guard manufacturer's address (90 Fed. Reg. 54865 (Nov. 28, 2025)).

Tesla, Inc. has determined that about 6,025 MY 2017-2023 Model 3 and MY 2020-2023 Model Y vehicles do not fully comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. The noncompliance is that the vehicles may have been equipped with stop and rear turn signal lamps—as part of the left-hand rear combination lamp—that have a photometric intensity of 321.47 cd (candela), exceeding the standard’s maximum photometric intensity of 300 cd (90 Fed. Reg. 54871 (Nov. 28, 2025)).

RegulatoryActivity: NoticesFR MotorVehiclesNews MotorEquipmentNews