Whether under the United States v. Munsingwear 340 U.S. 36 (1950) the Court should grant certiorari and vacate the decisions below in this case that became involuntarily moot following the Court of Appeals' opinion?

QUESTION(S) PRESENTED Whether under the United States v. Munsingwear 340 U.S. 36 (1950) the Court should grant certiorari and vacate the decisions below in this case that became involuntarily moot following the Court of Appeals’ opinion? Whether the Federal Circuit contravened SEC v. Chenery, 318 U.S. 80 (1943) by sustaining the Secretary’s rulemaking denial on a ground other than the one adopted by the agency?