Court of Appeals for the D.C. Circuit April 6, 2004, No. 03-1212 (United Transportation Union-General Committee of Adjustment v. Surface Transportation Board)

Opinion for the Court filed by Senior Circuit Judge Williams.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

In the final rule at issue here the Surface Transportation Board adopted a class exemption for temporary trackage rights agreements. See Railroad Consolidation Procedures—Exemption For Temporary Trackage Rights, 68 Fed. Reg. 28,139 (May 23, 2003) (“final rule”), codified at 49 C.F.R. § 1180.