United States Second Circuit

The Final Rule on Tire Pressure Monitoring Systems, 67 Fed. Reg. 38704 (2002), adopting Federal Motor Vehicle Safety Standard No. 138, 49 C.F.R. section 571.138 (2002), issued by the Secretary of Transportation to regulate the installation of tire pressure monitoring systems in new motor vehicles, was both contrary to law and arbitrary and capricious.

Appellate Information

• Decided 08/06/2003
• Published 08/06/2003

Judges

• SACK, Circuit Judge., Before:  CARDAMONE and SACK, Circuit Judges, and PAULEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Allison M. Zieve,Public Citizen Litigation Group (Scott L. Nelson and David C. Vladeck, of counsel), Washington, DC, for Petitioners., Erica Z. Jones, Mayer, Brown, Rowe & Maw (Adam Sloane and David M. Gossett, of counsel), Washington, DC, for Intervenor., Roger C. Fairchild (Charles H. Lockwood, II, of counsel), Purcellville, VA, submitted a brief for Amicus Curiae Association of International Automobile Manufacturers, Inc.


• For Appellees:
  
• H. Thomas Byron III, Department of Justice, Civil Division, Appellate Staff (Robert D. McCallum, Jr., Assistant Attorney General of the United States, Douglas N. Letter, Department of Justice, Civil Division, Appellate Staff, of counsel), Washington, DC, for Respondent.