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COMMODITY CARRIERS v. FEDERAL MOTOR CARRIER SAFETY

No. 04-1286.

434 F.3d 604 (2006)

COMMODITY CARRIERS, INC., Petitioner v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 2006.

Attorney(s) appearing for the Case

Anthony J. McMahon argued the cause for the petitioner.

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.

Before: HENDERSON, GARLAND and GRIFFITH, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

Commodity Carriers, Inc. (CCI) petitions for review of an order of the Federal Motor Carrier Safety Administration (FMCSA), an agency within the United States Department of Transportation (Department). In the order the FMCSA assigned CCI a "conditional" safety rating based on CCI's failure to obtain and retain the toll receipts of its independently-contracted drivers...

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