ST Engineering Hackney, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
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Issuing agencies
Abstract
ST Engineering Hackney, Inc., (STE Hackney), has determined that certain model year (MY) 2015-2022 Kidron Refrigerated Van trailers do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 223, Rear Impact Guards. On January 28, 2022, STE Hackney filed an original noncompliance report and amended the report on February 28, 2022, April 16, 2024, and April 17, 2024. STE Hackney petitioned NHTSA on February 28, 2022, and amended the petition on April 16, 2024, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of STE Hackney's petition.
Full Text
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<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54865-54866]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21524]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0024; Notice 1]
ST Engineering Hackney, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: ST Engineering Hackney, Inc., (STE Hackney), has determined
that certain model year (MY) 2015-2022 Kidron Refrigerated Van trailers
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 223, Rear Impact Guards. On January 28, 2022, STE Hackney filed an
original noncompliance report and amended the report on February 28,
2022, April 16, 2024, and April 17, 2024. STE Hackney petitioned NHTSA
on February 28, 2022, and amended the petition on April 16, 2024, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of STE
Hackney's petition.
DATES: Send comments on or before December 29, 2025.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
<bullet> Mail: Send comments by mail addressed to the U.S.
Department of
[[Page 54866]]
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> Comments may also be faxed to (202) 493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Corey Barlet, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-1119.
SUPPLEMENTARY INFORMATION:
I. Overview: STE Hackney determined that certain MY 2015-2022
Kidron Refrigerated Van trailers it manufactures do not fully comply
with paragraph S5.3(a) of FMVSS No. 223, Rear Impact Guards (49 CFR
571.223).
On January 28, 2022, STE Hackney filed an original noncompliance
report and amended the report on February 28, 2022, April 16, 2024, and
April 17, 2024, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. STE Hackney petitioned NHTSA on February
28, 2022, and amended its petition on April 16, 2024, for an exemption
from the notification and remedy requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is inconsequential as it relates
to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h)
and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
This notice of receipt of STE Hackney's petition is published under
49 U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Vehicles Involved: Approximately 2,428 MY 2015-2022, Kidron
Refrigerated Van trailers manufactured between November 3, 2014, and
January 24, 2022, were reported by the manufacturer.
III. Noncompliance: STE Hackney explains that rear impact guard
labels on the subject trailers did not include the guard manufacturer's
address, as required by paragraph S5.3(a) of FMVSS No. 223.
IV. Rule Requirements: Paragraph S5.3(a) of FMVSS No. 223 includes
the requirements relevant to this petition. Each guard is required to
be permanently labeled with certain information including the guard
manufacturer's address.
V. Summary of STE Hackney's Petition: The following views and
arguments presented in this section, ``V. Summary of STE Hackney's
Petition,'' are the views and arguments provided by STE Hackney. They
have not been evaluated by the Agency and do not reflect the views of
the Agency. STE Hackney describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
STE Hackney explains that the rear impact guard label on the
subject trailers is placed in the correct position and contains the
manufacturer's name, production date, and ``DOT'' certification marking
as required by FMVSS No. 223 paragraph S5.3. While the manufacturer's
address is not included on the rear impact guard label as required by
S5.3(a) of FMVSS No. 223, STE Hackney says that the missing
manufacturer's address can be found on the manufacturer's certification
label that is affixed on every trailer that STE Hackney manufactures.
STE Hackney states that it ``can certify that each vehicle was
produced with compliant rear impact guard manufactured and installed by
STE Hackney.'' Furthermore, STE Hackney was contacted by a customer
requesting replacement labels, and says that ``in the long period that
these units have been in service, they have only recently been given
notice that the manufacturer address was omitted on the rear guard.''
STE Hackney concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that STE Hackney no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after STE
Hackney notified them that the subject noncompliance existed.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2025-21524 Filed 11-26-25; 8:45 am]
BILLING CODE 4910-59-P
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