United States DC Circuit

Petition for review of an order of agency respondent assigning petitioner, a motor carrier, a "conditional" safety rating is denied where notice and comment rulemaking was not necessary regarding a certain requirement involving truck owner operators, the requirement was not arbitrary or capricious, and respondent was not constrained from enforcing the requirement.

Appellate Information

• Decided 01/20/2006
• Published 01/24/2006

Judges

• Before:  HENDERSON, GARLAND and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Anthony J. McMahon argued the cause for the petitioner.


• For Appellees:
  
• Mark S. Davies, Attorney, United States Department of Justice, argued the cause for the respondent.  Peter D. Keisler, Assistant Attorney General, and Robert S. Greenspan, Attorney, United States Department of Justice, and Jeffrey A. Rosen, General Counsel, Brigham A. McCown, Chief Counsel, and Cheryl J. Walker, Attorney, United States Department of Transportation, were on brief.  August E. Flentje, Attorney, United States Department of Justice, entered an appearance.