[Federal Register Volume 90, Number 229 (Tuesday, December 2, 2025)]
[Notices]
[Pages 55329-55330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21753]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0103]
Hours of Service of Drivers: Protein Transport of Indiana,
L.L.C.; Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny Protein Transport of
Indiana, LLC's (Protein Transport) request for an exemption from the
hours-of-service (HOS) regulations. FMCSA analyzed the application and
public comments and determined that the exemption would not likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 507-0363; or [email protected].
If you have questions on viewing or submitting material to the docket,
contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0103/document 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 online by visiting Dockets 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., 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. Background
Current Regulatory Requirements
FMCSA prescribes HOS limits on commercial motor vehicle (CMV)
driver on-duty and driving time, among other requirements, to reduce
the possibility of driver fatigue. Congress created an exemption from
the the HOS regulations for CMV drivers transporting agricultural
commodities during planting and harvesting periods in each State. The
statutory exemption was initially enacted in 1995 and subsequently
revised (109 Stat. 568, 613, Nov. 28, 1995).
FMCSA codified the statutory exemption in 49 CFR 395.1(k), which
provides that drivers are exempt from HOS requirements when
transporting agricultural commodities, including livestock, and farm
supplies for agricultural purposes, to a location within 150 air miles
of the source of the
[[Page 55330]]
exempt product during the harvest and planting seasons, as defined by
each State. Once a driver operates beyond the 150 air-mile radius, the
HOS regulations apply, except that livestock are also exempt from the
HOS rules when transported within a 150 air-mile radius of the point of
delivery of the livestock.
Under 49 CFR 395.2, agricultural commodities include horticultural
products at risk of perishing or degrading in quality during transport
and non-processed food, feed, fiber, or livestock. Livestock includes
insects and all other living animals cultivated, grown, or raised for
commercial purposes, including aquatic animals. Farm supplies for
agricultural purposes include products directly related to the growing
or harvesting of agricultulral commodities during the planting and
harvesting seasons within each State, and livestock feed.
Applicant's Request
Protein Transport's application for exemption was described in
detail in a Federal Register notice on July 1, 2025, (90 FR 28853) and
will not be repeated as the facts have not changed.
IV. Public Comments
The Agency received three comments, all of which opposed the
exemption, emphasizing the applicant's lack of fatigue management
measures. AWM Associates noted that the exemption application did not
address fatigue management. The Truck Safety Coalition said that the
application ``conspicuously lacks a single countermeasure that combats
driver fatigue. Furthermore, its safety record is highly concerning and
should give FMCSA tremendous pause.'' Advocates for Highway and Auto
Safety noted that truck driver fatigue is a serious safety issue and
that Protein Transport failed to include ``any additional procedures it
will take beyond those already covered'' by regulation.
V. FMCSA Decision
FMCSA evaluated Protein Transport's application and public comments
and denies the exemption request. Congress created a statutory
exemption from the HOS requirements for the transportation of
agricultural commodities and farm supplies for agricultural purposes.
The transportation of chicken products does not fall within the
exemptions Congress established. Although such products may be included
in animal feed, they are merely one such component and do not
separately qualify as animal feed. In addition, as highlighted by the
commenters, the exemption application contains no countermeasures to
address driver fatigue. Protein Transport failed to establish that it
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved without the exemption.
In addition, FMCSA established the HOS rules following notice and
comment rulemaking, based on research and data, to ensure the safe
operation of CMVs on our nations' roadways. Accordingly, any exemption
from the HOS regulations should be well supported to demonstrate why
the exempted party would be able to achieve an equivalent or greater
level of safety. To grant HOS exemptions without that level of
confidence would be inconsistent with a primary goal of the HOS
regulations to keep fatigued drivers off the public roadways and
contrary to the statutory standard for an exemption. For the above
reasons, the Protein Transport of Indiana, L.L.C. exemption application
is denied.
Derek Barrs,
Administrator.
[FR Doc. 2025-21753 Filed 12-1-25; 8:45 am]
BILLING CODE 4910-EX-P