[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Notices]
[Pages 18844-18845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8944]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Denial of motor vehicle defect petition.

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SUMMARY: This notice sets forth the reasons for the denial of a 
September 13, 2000 petition submitted to NHTSA under 49 U.S.C. 30162 by 
Beverly Mulder, requesting that the agency commence a proceeding to 
determine the existence of a defect related to motor vehicle safety in 
certain multi-axle trailers manufactured by the Fruehauf Trailer 
Corporation (Fruehauf) in 1995 and 1996. After reviewing the petition 
and other information, NHTSA has concluded that further expenditure of 
the agency's investigative resources on the issues raised by the 
petition does not appear to be warranted. The agency accordingly has 
denied the petition.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Boyd, Chief, Vehicle 
Control Division, Office of Defects Investigation (ODI), Office of 
Safety Assurance, NHTSA, 400 Seventh Street, SW.,

[[Page 18845]]

Washington, DC 20590. Telephone: (202) 366-1690.

SUPPLEMENTARY INFORMATION: On September 13, 2000, Ms. Beverly Mulder 
submitted a petition requesting that the agency investigate certain 
alleged defects in multi-axle trailers that were custom-built for the 
petitioner by Fruehauf in late 1995 and early 1996. The petitioner owns 
four of these trailers. The petitioner alleged that the trailers ``sway 
violently side to side when they are loaded. They cannot be held on the 
road when there is a curve and when there is a heavy side wind. The 
units will be blown off the road or across the road if hit with (sic) 
by a wind gust.''
    The petitioner had four trailers custom-built by Fruehauf in 
anticipation of obtaining a contract to haul drywall. The trailers were 
purchased through Michigan Trailer Sales (MTS) located in Grand Haven, 
Michigan, Two trailers were purchased in late 1995 and the remaining 
two were purchased in 1996. ODI was unable to contact Fruehauf directly 
due to bankruptcy and judicial dissolution in 1998. However, 
information obtained by ODI indicates that only six trailers were built 
to these particular technical specifications.
    The trailers are referred to as ``sled six axle trailers.'' They 
are approximately 50 feet long and 102 inches wide. The units have six 
axles, with the front four axles using a Granning Air Ride Air Lift 
Suspension system. (The vast majority of trailers used in Class 8 
tractor/trailer combinations are semi-trailers, with only two axles, 
which are located at the rear of the vehicle.) The trailers were built 
to carry 90,000 to 95,000 pounds and, therefore, require a special 
permit to operate when fully loaded, since the maximum load for a 
tractor/trailer combination in the United States is normally 80,000 
pounds. The trailers were originally intended to carry loads of drywall 
stacked 13.5 feet high. This would result in a relatively high center 
of gravity.
    Ms. Mulder and her husband alleged that the trailers do not handle 
well. Specifically, she stated that ``the loads shift and that the 
trailers wobble and lean dangerously going into curves, any amount of 
wind will blow them off the road altogether.'' There are no allegations 
of any crashes as a result of this problem.
    ODI has obtained and reviewed numerous written communications 
between the Mulders and MTS concerning the handling allegations, 
demands for corrective action, and demands that the trailers be re-
purchased. NHTSA's authority lies with Fruehauf, the trailer 
manufacturer. We have no authority over disputes with dealers or buy-
back issues.
    During the course of our investigation we found that the 
manufacturer of the subject trailers, Fruehauf, was judicially 
dissolved by the United States Bankruptcy Court for the District of 
Delaware on October 27, 1998. Although Fruehauf sold its domestic 
trailer manufacturing and domestic sales and distribution business to 
Wabash National Corporation (Wabash) in the course of the bankruptcy 
proceeding, the Bankruptcy Court's Order of May 26, 1999, declared that 
Wabash was not to be subject to any claims asserting successor 
liability for products made by Fruehauf. Therefore, there is no entity 
to which NHTSA could issue a recall order, even if a safety-related 
defect were found to exist.
    In view of the fact that it would require extensive resources to 
fully evaluate the alleged problem, the fact that there are very few 
vehicles at issue, and the fact that we would be unable to compel any 
entity to conduct a recall even if we were to determine that a defect 
exists, further expenditure of the agency's investigative resources on 
the allegations in the petition is not warranted. Therefore, the 
petition is denied.

    Authority: 49 U.S.C. 30162(d); delegation of authority at CFR 
1.50 and 501.8.

    Issued on April 4, 2001.
Kenneth N. Weinstein,
Associate Administrator for Safety Assurance.
[FR Doc. 01-8944 Filed 4-10-01; 8:45 am]
BILLING CODE 4910-59-M