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FLORILLI CORP. v. PENA

No. 96-2507.

118 F.3d 1212 (1997)

The FLORILLI CORPORATION, Petitioner, v. Frederico PENA, Secretary of Transportation; United States Department of Transportation; Federal Highway Administration; Respondent.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1997.

Attorney(s) appearing for the Case

David R. Sauvey, Evansville, IN, argued (Dirck H. Stahl and Dennis Ogden, on the brief), for appellant.

E. Roy Hawkens, Department of Justice, Washington, DC, argued (Robert S. Greenspan, on the brief), for appellee.

Before McMILLIAN, HEANEY, and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

The Florilli Corporation ("Florilli") challenges the validity of the "unsatisfactory" motor-carrier rating it received from the Federal Highway Administration ("FHWA"). Florilli asserts that its rating is invalid because the FHWA failed to follow notice and comment requirements in establishing the criteria by which the FHWA determines a carrier's rating. Because Florilli failed to bring its challenge to the procedural genesis of the FHWA's rules...

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