Arctic Express, Inc. v. United States Department of Transportation, Federal Highway Administration

RYAN, Circuit Judge.

This is an appeal from an order of the Federal Highway Administration requiring the petitioner, Arctic Express, Inc., to pay a $20,000 civil penalty for regulatory violations involving (1) use of drivers who had falsified their duty status logs and (2) failure to examine each driver’s daily duty status logs for completeness, truthfulness, and accuracy in accordance with a 1993 consent order. Arctic claims that its liability was determined according to regulatory standards that were not promulgated in compliance with the Administrative Procedure Act, see 5 U.S.C. § 553, and…