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Thanks for your concern. In fact I've just recently found out about the recall and I am getting the hardware. But the rack has been on for 5 years and there is no sign of movement.
Psmith-
Just FYI, I used mine for several years inc. fully loaded touring, then one day it came loose with nothing on it at all and I was left with having to endure facial reconstruction surgery and a big hole in my bank account for the dental works.
Don't take the risk, even its just a strap round it and the HT.
spotter
Forgive me if I’m wrong, but that rack looks like it’s missing the additional hardware Surly issued to make it safe after the recall? If so, you should contact whoever sold it to you - or your nearest surly distributor if it was second hand - to get the extra bits sent to you. Better that than your face.