Interpretation ID: aiam1723
Service Manager
Schwartz Manufacturing Company
Route No. 2
Cokato
MN 55321;
Dear Mr. Radintz: This is in acknowledgment of your Defect Information Report, i accordance with the defect reporting regulations, Part 573.; The Defect Information Report involves approximately 110 trailers whic may be equipped with Standard Forge axles with brake shoes which may fail in the area where the cam roller contacts the shoe.; Standard Forge and Axle Company informed us some time after Mr Tillotson's telephone conversation with Mr. Reinhart of my staff that they will assume some of the obligations relating to this specific safety problem. A National Highway Traffic Safety Administration identification number has therefore not been assigned to your campaign, since it will be filed as part of the Standard Forge and Axle Company campaign. Quarterly status reports, as normally required by Part 573, need also not be submitted by your company. It is, however, requested that you supply the Standard Forge and Axle Company with any relevant information sought by them for the purpose of completing this campaign in the proper manner.; The letter which you have sent to the owners of the subject trailer does not meet the requirements of Part 577 (49 CFR), the Defect Notification regulation. Specifically, the second sentence of your letter does not contain the precise language required by Part 577.4(b) due to use of the word 'may,' use the axle manufacturer's name instead of the vehicle manufacturer's name, and a description of the defect as existing in an assembly instead of the vehicle. In campaigns conducted by a vehicle manufacturer, it is the vehicle manufacturer who determines the existence of a defect in his vehicles, even if the defect is caused by a defective component. If the defect does not exist in every vehicle, the letter may state this in a subsequent sentence.; Your letter also fails to adequately evaluate the risk to traffi safety as required by Part 577.4(d), since it makes no mention of possible vehicle crash. Although the statement that reduced braking power or lockup may result may suggest the possibility of a crash to many owners, it is not entirely equivalent. Your letter also fails to meet the requirements of Part 577.4(e)(2), since it does not give an estimate of the day by which parts will be available, provide a detailed description of each step required to correct the defect, give an estimate of the required labor time, and make recommendations as to whom the purchaser should have perform the necessary work.; It is therefore necessary that those owners whose vehicles have not ye been corrected or who have not yet ordered replacement parts receive a notification letter which complies with Part 577 of the regulation. This can be done either by means of a revised letter sent by your company or by sending the names and addresses of the affected owners to the Standard Forge and Axle Company so that they can notify these owners. If your company intends to mail revised notification letters, please send a copy of the revised letter to this office.; A copy of Part 577 is enclosed. If you desire further information please contact Messrs. W. Reinhart or James Murray of this office at (202) 426- 2840.; Sincerely, Andrew G. Detrick, Acting Director, Office of Defect Investigation, Motor Vehicle Programs;