Filed On: July 26, 2013 Owner-Operator Independent Drivers Assn., Inc. v. Federal Motor Carrier Safety Administration

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 11-1251 September Term, 2012
FMCS-2011-0097
Filed On: July 26, 2013
Owner-Operator Independent Drivers Assn.,
Inc.,
Petitioner
v.
Federal Motor Carrier Safety Administration, et
al.,
Respondents
No. 11-1444
TRAN-76FR131
International Brotherhood of Teamsters, et al.,
Petitioners
v.
United States Department of Transportation,
et al.,
Respondents
BEFORE: Henderson, Rogers, and Kavanaugh, Circuit Judges
O R D E R
Upon consideration of petitioner’s petition for panel rehearing and the response
thereto, it is
ORDERED that the petition be denied. It is

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United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 11-1251 September Term, 2012
No. 11-1444
FURTHER ORDERED, on the court’s own motion, that the opinion issued April
19, 2013, be amended as follows:
(1) Slip Op. p. 13, line 6,
Delete the comma (,) after the word “commerce” and insert in lieu thereof a
period (.); and
(2) Slip Op. p. 13, lines 6-7,
Delete “and the agency’s interpretation is otherwise reasonable. Therefore, we
uphold the agency’s interpretation.” and insert in lieu thereof
“In any event, even if Mexico-domiciled trucks transporting goods between the
United States and Mexico are ‘introduce[d] . . . in interstate commerce,’ the
safety decal requirement still does not apply to those trucks because the safety
decal requirement does not apply to the ‘introduction or delivery for introduction
in interstate commerce of a motor vehicle or motor vehicle equipment after the
first purchase of the vehicle or equipment in good faith other than for resale.’
49 U.S.C. § 30112(b)(1). The Mexico-domiciled trucks at issue in this case are
driven into the United States to transport goods. The trucks themselves are not
being resold. For that reason as well, the safety decal requirement simply does
not apply to these trucks.”
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Jennifer M. Clark
Deputy Clerk

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