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Int'l Bhd. of Teamsters, Local 2785 v. Fed. Motor Carrier Safety Admin.

Int'l Bhd. of Teamsters, Local 2785 v. Fed. Motor Carrier Safety Admin.

United States Court of Appeals for the Ninth Circuit

November 16, 2020, Argued and Submitted, San Francisco, California; January 15, 2021, Filed

No. 18-73488, No. 19-70323, No. 19-70329, No. 19-70413

Opinion

 [*845]  BRESS, Circuit Judge:

The Federal Motor Carrier Safety Administration (FMCSA), an agency within the Department of Transportation, is tasked with issuing regulations on commercial motor vehicle safety. The FMCSA also has authority to determine that state laws on commercial motor vehicle safety are preempted, based on criteria Congress has specified. In this case, the FMCSA determined that federal law preempts California's meal and rest break rules, known as the "MRB rules," as applied to drivers of property-carrying commercial motor vehicles who are subject to the FMCSA's own rest break regulations. Compared to federal safety regulations, California's MRB rules generally require that employers  [*846]  allow commercial truck drivers to take more rest breaks, at greater frequency, and with less flexibility as to when breaks occur.

California's Labor Commissioner, certain labor organizations, and others now petition for review of the FMCSA's preemption determination. Because the [**7]  agency's decision reflects a permissible interpretation of the Motor Carrier Safety Act of 1984 and is not arbitrary or capricious, we deny the petitions for review.

Congress passed the Motor Carrier Safety Act of 1984 "to promote the safe operation of commercial motor vehicles, [and] to minimize dangers to the health of operators of commercial motor vehicles and other employees." Pub. L. No. 98-554, tit. II, 98 Stat. 2832, § 202 (originally codified at 49 U.S.C. app. 2501). Under the Act, the Secretary of Transportation "shall prescribe regulations on commercial motor vehicle safety" that contain "minimum safety standards for commercial motor vehicles." 49 U.S.C. § 31136(a). Among other things, federal regulations "shall ensure" that "the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely." Id. § 31136(a)(2).

The Act also gives the Secretary the express power to preempt State law: "A State may not enforce a State law or regulation on commercial motor vehicle safety that the Secretary of Transportation decides under this section may not be enforced." Id. § 31141(a). To carry out this duty, "[t]he Secretary shall review State laws and regulations on commercial motor vehicle safety." Id. § 31141(c)(1).

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986 F.3d 841 *; 2021 U.S. App. LEXIS 1151 **; 2021 WL 139728

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 2785; EVERARDO LUNA, Petitioners, v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent,WILLIAM B. TRESCOTT, Intervenor.INTERNATIONAL BROTHERHOOD OF TEAMSTERS; INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 848; CHARLES "LUCKY" LEPINS; JULIO GARCIA; JESUS MALDONADO; JOSE PAZ, Petitioners, v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION; U.S. DEPARTMENT OF TRANSPORTATION, Respondents.LABOR COMMISSIONER FOR THE STATE OF CALIFORNIA, Petitioner, v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent.DUY NAM LY; PHILLIP MORGAN, Petitioners, v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION; U.S. DEPARTMENT OF TRANSPORTATION, Respondents.

Subsequent History: Counsel Amended January 15, 2021.

Rehearing denied by, En banc, Rehearing denied by Int'l Bhd. of Teamsters v. Fed. Motor Carrier Safety Admin., 2021 U.S. App. LEXIS 8756 (9th Cir., Mar. 25, 2021)

US Supreme Court certiorari denied by Trescott v. Fed. Motor Carrier, 2021 U.S. LEXIS 4089 (U.S., Oct. 4, 2021)

Prior History:  [**1] On Petition for Review of an Order of the Federal Motor Carrier Safety Administration. FMCSA No. 2018-0304, FMCSA No. 2018-0304, FMCSA No. 2018-0304, FMCSA No. 2018-0304.

Int'l Bhd. of Teamsters, Local 2785 v. Fed. Motor Carrier Safety Admin., 2019 U.S. App. LEXIS 16176 (9th Cir., May 30, 2019)

Disposition: DENIED.

CORE TERMS

regulation, preemption, drivers, commercial motor vehicle safety, state law, meal, federal regulation, rest break, commercial motor vehicle, deference, preempt, interstate commerce, petitioners', breaks, employees, stringent, capricious, driving, property-carrying, changes, unreasonable burden, motor carrier, flexibility, agency's interpretation, preemption provision, federal law, rest period, hours-of-service, preemptive, ambiguous

Administrative Law, Judicial Review, Standards of Review, Arbitrary & Capricious Standard of Review, Constitutional Law, Supremacy Clause, Federal Preemption, Transportation Law, Interstate Commerce, Business & Corporate Compliance, Transportation Law, Commercial Vehicles, Maintenance & Safety, Carrier Duties & Liabilities, State & Local Regulation, Licensing & Registration, Safety Standards, National Traffic & Motor Vehicle Safety Act, State Powers, Deference to Agency Statutory Interpretation, Governments, Legislation, Interpretation, Separation of Powers, Legislative Controls, Explicit Delegation of Authority, Insurance Law, Coverage, Compulsory Coverage, Motor Carriers, Traffic Regulation, Wage & Hour Laws, Scope & Definitions, Overtime & Work Periods, Civil Procedure, Federal & State Interrelationships, Federal Common Law, Preemption, Reviewability, Reviewable Agency Action