Interpretation ID: nht76-4.29

DATE: 10/07/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Pullman Trailmobile

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Trailmobile's August 13, 1976, question whether a trailer would be considered to be newly manufactured for purposes of compliance with applicable safety standards if it is assembled from all new materials except for axles (axle beams, spindles and brakes, and associated brake drums, wheels, seals, and bearings) from an existing trailer whose identity and ownership would be continued in the reassembled trailer.

The answer to this question is yes. The assembly of a trailer entirely from new materials except for the trailer axles does not qualify as a "repair" under NHTSA regulations (49 CFR @ 571.7(f). This regulation states that such trailers will be considered newly manufactured unless, "at a minimum, the trailer running gear assembly (axle(s), wheels, braking, and suspension) is not new . . ." In the case you describe, the suspension would be new.

SINCERELY,

Pullman Trailmobile

August 13, 1976

Office of Chief Counsel National Highway Traffic Safety Administration

RE: Used Components in Trailer Manufacturing NHTSA Regulation @ 571.7(f), Effective July 1, 1976

Opinion is requested concerning the extent to which substitution of new components in trailer running gear assemblies taken from existing trailers is permissible under the above regulation which permits the combination of new and used highway trailer components without the re-assembled trailer being considered "newly manufactured".

A customer has tendered to Pullman Trailmobile 200 trailer running gear assemblies selected by the customer from its inventory of wrecked and damaged van trailers. The customer proposes to ship the assemblies to a Pullman Trailmobile factory, identified by the serial numbers of the existing trailers from which the running gear assemblies were taken. The customer requests Trailmobile to combine such running gear assemblies with new components to complete re-assembled van trailers which will continue to be used by the customer in its transportation business. The trailer running gear assemblies to be shipped to Pullman Trailmobile will consist of the following components:

(a) axle beam including the spindle and brake assembly;

(b) complete axle assembly (including brake drums, wheels, oil seals, bearings, etc.).

All other components of the trailer running gear assemblies have been adjudged by the customer's maintenance employees to require replacement, consistent with safe maintenance and operation practices.

Reference is made to NHTSA's discussion and evaluation of comments upon the proposed regulation published in the July 1, 1976 Federal Register; in particular, to that paragraph reviewing the comments of Firestone Corporation concerning rims and wheels. In that connection, it was stated that "The agency in no way intends to modify safe maintenance and operation practices by its action. Substitution of new components or of use of old components is not advocated or discouraged by this action". NHTSA also reported that "frame attachment components" were excluded from the description of running gear assemblies for fear that persons might reuse damaged attachment hardware.

Based upon the foregoing, a favorable opinion is requested that reuse of the above described components of trailer running gear assemblies in combination with sufficient new running gear and other components required to produce re-assembled van trailers does not result in a "newly manufactured" trailer; assuming, of course, that the re-assembled trailer will be used by the owner of the existing trailer which will continue to be identified by its existing serial number.

If additional facts or information in connection with the agency's determination is necessary or desirable, please call upon this writer for assistance.

Edgar E. Lungren Jr.