INTERMODEL TECHNOLOGIES, INC. v. PETERS

No. 07-2196.

549 F.3d 1029 (2008)

INTERMODEL TECHNOLOGIES, INC., Plaintiff-Appellant, v. Mary E. PETERS, Secretary of Transportation, and David Kelly, Acting Administrator of the National Highway Traffic Safety Administration, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 10, 2008.


Attorney(s) appearing for the Case

ON BRIEF: J. Hatcher Graham, Law Office, Warner Robins, Georgia, for Appellant. Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellees.

Before: KENNEDY, SUTTON and McKEAGUE, Circuit Judges.


OPINION

SUTTON, Circuit Judge.

In this appeal, InterModal claims that the National Highway Traffic Safety Administration (NHTSA) acted arbitrarily and capriciously in denying its application for a temporary exemption from a tractor-trailer safety standard. Because NHTSA acted within its discretion in interpreting and applying its own regulation, we affirm.

I.

The National Traffic and Motor Vehicle Safety Act of 1966, Pub.L. No. 89-563,...

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