[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Notices]
[Pages 18677-18678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9136]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition, DP01-004

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

ACTION: Denial of petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a 
petition submitted to NHTSA under 49 U.S.C. Sec. 30162, requesting that 
the agency commence a proceeding to determine the existence of a defect 
related to motor vehicle safety. The petition is hereinafter identified 
as DP01-004.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Squire, Office of Defects 
Investigation (ODI), NHTSA, 400 Seventh Street, SW., Washington, DC, 
20590. Telephone 202-493-0212.

SUPPLEMENTARY INFORMATION: Mr. Douglas Fabish submitted a petition to 
NHTSA by letter dated July 23, 2001, requesting that an investigation 
be initiated to determine whether to issue an order concerning safety 
defects in model year 1997 WIA-series Volvo Class 8 truck tractors 
(subject trucks). The petition alleges that the frame rail cross 
members are ineffective in maintaining alignment of the two 
longitudinal frame rails and that the subsequent misalignment creates 
vehicle control problems, excessive vibration, and increased wear of 
axle components. The petitioner alleges that the frame rail cross 
members flex as the vehicle is maneuvered through a turn. The flexing

[[Page 18678]]

allegedly creates a misalignment of the frame that in turn creates a 
``temporary breech (sic)'' between the frame and axle positioning 
components. The petitioner asserts that as a result of this breach, or 
gap, between the frame and axle, inordinate stress is placed on the 
axle components leading to premature wear of the components and 
excessive vehicle vibration.
    In support of the petition, the petitioner made available to ODI a 
copy of an engineering analysis he commissioned for his truck. Although 
the report offered some explanation for the problems the petitioner 
experienced with his vehicle, ODI has included that the analysis does 
not support the petitioner's allegations. Specifically, the 
petitioner's engineering analysis concluded that the frame rails were 
misaligned and ``over-stressed.'' The analysis failed to explain the 
methodology used to reach this conclusion or what effect such 
conditions would have on the vehicle.
    A review of complaints filed with NHTSA, regarding all Volvo 
trucks, revealed none that allege characteristics similar to those 
expressed by the petitioner. NHTSA has received eight complaints 
regarding the subject trucks; only one made reference to the frame, and 
this complaint was related to the vehicle's suspension. Review of 
additional documentation provided by the petitioner, including his 
engineering analysis, failed to conclusively identify a cause for the 
problems exhibited by his vehicle. None of the complaints reviewed, nor 
personal contacts established by ODI, corroborated the petitioner's 
conclusion regarding ineffective frame rail cross members.
    ODI has no information indicating that misalignment of the truck's 
frame rails as described by the petitioner has contributed to a 
collision or injury.
    It is unlikely that NHTSA would issue an order for the notification 
and remedy of alleged frame rail misalignment as described by the 
petitioner at the conclusion of the investigation requested in the 
petition. Therefore, in view of the need to allocate and prioritize 
NHTSA's limited resources to best accomplish the agency's safety 
mission, the petition is denied.

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

    Issued on: April 4, 2002.
Kenneth N. Weinstein,
Associate Administrator for Safety Assurance.
[FR Doc. 02-9136 Filed 4-15-02; 8:45 am]
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