PUBLIC CITIZEN INC. v. Y. MINETA,, 343 F.3d 1159 (9th Cir. 2003)
. . . . § 553.39, the Secretary contends that the California petitioners untimely filed their petition for . . . and that NHTSA mistakenly interpreted the case law that guided its understanding in drafting section 553.39 . . . judicial review to parties who filed a formal petition for reconsideration; to be sure, 49 C.F.R. § 553.39 . . . Moreover, we agree with NHTSA’s rationale in amending 49 C.F.R. § 553.39, that “finality with respect . . . By interpretation, we mean NHTSA’s interpretation of 49 C.F.R. § 553.39, as published in the Federal . . .