|
|---|
|
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Loomis Armored US, LLC Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Meera Joshi Date: 18 October 2021 Subjects: American Government  , Safety
|
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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