Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Loomis Armored US, LLC, 57738-57739 [2021-22615]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Pages 57738-57739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22615]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0191]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Loomis Armored US, LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; grant of exemption.

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SUMMARY: The FMCSA announces its decision to grant the request 
submitted by Loomis Armored US, LLC (Loomis) for a limited 5-year 
exemption to allow Loomis to weld shut the cab doors and add two new 
doors behind the cab of its armored vehicles. The Agency has determined 
that granting the exemption is likely to provide a level of safety 
equivalent to, or greater than, the level of safety achieved without 
the exemption.

DATES: This exemption is effective October 18, 2021 and ending October 
13, 2026.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, go to www.regulations.gov at any time or visit 
Dockets Operations, Room W12-140 on the ground level of the West 
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 
5 p.m., ET, Monday through Friday, except Federal holidays. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations (FMCSRs). FMCSA must publish a notice of each exemption 
request in the Federal Register (49 CFR 381.315(a)). The Agency must 
provide the public an opportunity to inspect the information relevant 
to the application, including any safety analyses that have been 
conducted. The Agency must also provide an opportunity for public 
comment on the request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Loomis' Application for Exemption

    Section 393.203(a) of the FMCSRs requires that (1) cab compartment 
doors or door parts used as an entrance or exit shall not be missing or 
broken; (2) doors shall not sag so that they cannot be properly opened 
or closed; and (3) no door shall be wired shut or otherwise secured in 
the closed position so that it cannot be readily opened.
    Exception: When the vehicle is loaded with pipe or bar stock that 
blocks the door and the cab has a roof exit.
    Loomis has applied for an exemption from section 393.203(a) to 
allow the cab doors on its specialized armored vehicles to be welded 
shut, given the addition of two new doors behind the cab. A copy of the 
application is included in the docket referenced at the beginning of 
this notice. In its application, Loomis states that it introduced a 
type of armored vehicle that allows a reduced number of employees 
safely to handle cash and other valuables. The vehicles utilize a new 
proprietary security technology that required the installation of cab 
doors different from those provided by the original equipment 
manufacturer (OEM). In order to maintain the safety of Loomis personnel 
and valuable goods, as well as to enter and exit the vehicle, the cab 
doors were welded shut, and two new doors were installed behind the 
cab.
    To enter the armored vehicles, the employee uses the newly 
installed trap compartment door. This door is equipped with biometric 
technology which is accessible only to authorized personnel. In case of 
a loss of power, the biometric technology has proprietary safety 
features and overrides that can be used to access the vehicle. To exit 
the vehicle, the employee uses the trap compartment door or the escape 
hatch door. Loomis states that it tested these vehicles to ensure 
operator security and determined that vehicle safety was not 
compromised. Loomis states that it trains employees on the use and 
operation of these armored vehicles. Loomis believes that welding shut 
the cab doors and adding two new doors behind the cab will maintain a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption, while allowing secure armored 
vehicle operations with reduced staff.

Comments

    FMCSA published a notice of the application in the Federal Register 
on April 7, 2021 and asked for public comment (86 FR 18111). The Agency 
received comments from two individuals.
    Both commenters stated that during a crash, it would be very 
difficult for first responders to access the personnel inside the 
armored vehicle if the cab doors are welded shut and the two new doors 
behind the behind the cab are secured.

FMCSA Decision

    The FMCSA has evaluated the Loomis exemption application and the 
comments received. The Agency believes that granting the temporary 
exemption to allow Loomis armored vehicles to weld shut the cab doors 
and add two new doors behind the cab is likely to provide a level of 
safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption.
    Loomis requested an exemption from section 393.203(a) to allow it 
to weld shut the cab doors (i.e., the door to the left of the driver's 
seat and the door to

[[Page 57739]]

the right of the front passenger's seat) and rely upon two high 
security doors behind the cab. Because of the nature of Loomis's 
business, this is done to provide higher security against attempted 
robberies and other offenses.
     The new doors provide personnel with an ability to quickly exit 
the armored car with an ``emergency escape hatch'' to the rear of the 
driver's seat and a ``messenger exterior door'' to the rear of the 
front passenger seat. In addition, Loomis stated that it has evaluated 
the impact of the new doors and determined that neither vehicle safety 
nor operator security was compromised. Loomis stated that it trains 
employees in the use and operation of its armored vehicles.
    FMCSA acknowledges the concern of commenters that during a crash it 
would be difficult for first responders to access the personnel inside 
the armored vehicle if the cab doors are welded shut and the entry door 
is secured. The Agency believes first responders would also face 
difficulties with standard doors, given that an armored vehicle is 
designed to protect the occupants and cash or other valuables from 
unauthorized entry. FMCSA believes that the doors to the rear of the 
cab provide an equivalent means of evacuating the vehicle and for first 
responders to provide assistance after a crash, with the understanding 
that the emergency response team would likely have the tools necessary 
to gain access in the event the occupants were incapacitated. 
Therefore, the Agency has determined that granting the exemption is 
likely to provide a level of safety equivalent to, or greater than, the 
level of safety achieved without the exemption.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning October 18, 2021 and ending October 13, 2026. During the 
temporary exemption period, approximately 500 Loomis armored vehicles 
will be allowed to weld shut the OEM doors given the addition of the 
emergency escape hatch to the rear of the driver's seat, and the 
messenger exterior door to the rear of the front passenger's seat. 
Specifically, the exemption will allow Loomis to weld shut the cab 
doors and install two new high security doors behind the cab.
    The exemption will be valid for 5 years unless rescinded earlier by 
FMCSA. The exemption will be rescinded if: (1) Loomis armored vehicles 
fail to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b).
    Interested parties possessing information that would demonstrate 
that Loomis armored vehicles subject to this exemption are not 
achieving the requisite statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any such information and, if 
safety is being compromised or if the continuation of the exemption is 
not consistent with 49 U.S.C. 31136(e) and 31315(b), will take 
immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption. States may, but 
are not required to, adopt the same exemption with respect to 
operations in intrastate commerce.

Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-22615 Filed 10-15-21; 8:45 am]
BILLING CODE 4910-EX-P