90 FR 124 pgs. 28853-28854 - Hours of Service: Protein Transport of Indiana, L.L.C.; Application for Exemption
Type: NOTICEVolume: 90Number: 124Pages: 28853 - 28854
Pages: 28853, 28854Docket number: [Docket No. FMCSA-2025-0103]
FR document: [FR Doc. 2025-12201 Filed 6-30-25; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Motor Carrier Safety Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0103]
Hours of Service: Protein Transport of Indiana, L.L.C.; Application for Exemption
AGENCY:
Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).
ACTION:
Notice of application for exemption; request for comments.
SUMMARY:
FMCSA requests public comment on an exemption application submitted by Protein Transport of Indiana, L.L.C. (Protein Transport). Protein Transport's operation involves the transportation of chicken products. The company has requested an exemption to allow it to operate under the agricultural operations provision in the hours-of-service (HOS) rules which provides regulatory relief from the requirements for drivers transporting certain agricultural commodities within a 150 air-mile radius from the source of the agricultural commodities.
DATES:
Comments must be received on or before July 31, 2025.
ADDRESSES:
You may submit comments identified by Federal Docket Number FMCSA 2025-0103 by any of the following methods:
• Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information.
• Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001.
• Hand Delivery or Courier: 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
• Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number (FMCSA-2025-0103) for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits comments from the public to better inform its exemption process. DOT posts these comments, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice DOT/ALL-14 FDMS (Federal Docket Management System (FDMS)), which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT:
Ms. Bernadette Walker, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; (202) 366-9220; or Bernadette.walker@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this notice (FMCSA-2025-0103), indicate the specific section of this document to which the comment applies, and provide a reason for your suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2025-0103 document, click on this notice, click "Comment," and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8 1⁄2 by 11 inches, suitable for copying and electronic filing.
FMCSA will consider all comments and material received during the comment period. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable.
B. Confidential Business Information (CBI)
[top] CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as "PROPIN" to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov insert FMCSA-2025-0103 in the keyword box, select the document tab and choose the document to review. To view comments, click this notice, then click "Browse Comments." If you do not have access to the internet, you may view the docket by visiting Docket Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from the Federal Motor Carrier Safety Regulations. 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 the applicant's safety analysis. The Agency must provide an opportunity for public comment on the request.
The Agency reviews the application, 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 absent such exemption, pursuant to the standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt, the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Applicant's Request
Applicant's Request
Protein Transport is an interstate carrier of chicken products that travels to various agricultural facilities to process hens that have reached the end of their productive lives. Once the hens are processed onsite, the applicant transports that product to processing facilities to be used to make pet food and hog feed. Protein Transport is requesting that the chicken products it transports be considered an agricultural commodity so that it can operate under the agricultural commodity exemption.
The applicant states it has encountered difficulties in securing and keeping the required number of drivers to maintain its operations. According to the applicant, the ongoing avian influenza has drastically diminished the supply of chickens available for business, which in turn has increased the travel demands needed to meet its supply requirements. The applicant states that its operations are vital in creating the food supplies for pets and hog products necessary for the smooth operation of society and agricultural systems.
Applicant's Equivalent Level of Safety
Protein Transport believes the exemption would not compromise safety because it will check and monitor its power units every 10,000 miles, and perform an oil change every 15,000 miles. The applicant states that by prioritizing operations within a 150-mile radius, the drivers will spend less time on the road covering fewer miles, thereby reducing the overall freight mileage by 20,000 to 30,000 miles each quarter of the year. The applicant further states it will continue to prioritize safety over transportation of the load because its drivers have been instructed to inform management when they need to take a break for any reason.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on Protein Transport's request that the chicken products it transports be considered an agricultural commodity so that it can operate under the agricultural commodity exemption. All comments received before the close of business on the comment closing date will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2025-12201 Filed 6-30-25; 8:45 am]
BILLING CODE 4910-EX-P