Notice2025-12201
Hours of Service: Protein Transport of Indiana, L.L.C.; Application for Exemption
Primary source
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Notices]
[Pages 28853-28854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12201]
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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.
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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:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records
notice DOT/ALL-14 FDMS (Federal Docket Management System (FDMS)), which
can be reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. 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 <a href="/cdn-cgi/l/email-protection#f6b4938498979293828293d881979a9d9384b6929982d8919980"><span class="__cf_email__" data-cfemail="692b0c1b07080d0c1d1d0c471e0805020c1b290d061d470e061f">[email protected]</span></a>.
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 <a href="https://www.regulations.gov/docket/FMCSA-2025-0103">https://www.regulations.gov/docket/FMCSA-2025-0103</a> 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)
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
[[Page 28854]]
Avenue SE, Washington, DC 20590-0001 or via email at
<a href="/cdn-cgi/l/email-protection#21435348404f0f460f4540494d484f61454e550f464e57"><span class="__cf_email__" data-cfemail="21435348404f0f460f4540494d484f61454e550f464e57">[email protected]</span></a>. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this notice.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
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