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ASSOCIATION OF AMERICAN RAILROADS v. D.O.T.

No. 99-1116.

198 F.3d 944 (1999)

ASSOCIATION OF AMERICAN RAILROADS, Petitioner, v. DEPARTMENT OF TRANSPORTATION, et al., Respondents. Brotherhood of Maintenance of Way Employees, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 1999.

Attorney(s) appearing for the Case

Ian Heath Gershengorn argued the cause for petitioner. With him on the briefs were John Broadley, Louis P. Warchot, and Michael J. Rush.

Dale C. Andrews, Deputy Assistant General Counsel, U.S. Department of Transportation, argued the cause for respondents. With him on the brief were Nancy E. McFadden, General Counsel, and Paul M. Geier, Assistant General Counsel.

Richard S. Edelman was on the brief for intervenor.

Before: GINSBURG, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Acting without notice and comment, the Federal Railroad Administration issued a technical bulletin interpreting a safety regulation the agency had issued through formal rulemaking just two years earlier. Petitioner claims that the technical bulletin abruptly departed from the agency's previous interpretation of the regulation and that it therefore required notice and comment rulemaking...

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