Whether Federal Rule of Appellate Procedure 26(b) precludes equitable tolling of 49 U.S.C. § 5127(a)'s ordinary and nonjurisdictional deadline to petition for review of an agency's final action

QUESTION PRESENTED When an aggrieved party petitions for judicial review of the Department of Transportation’s final action under the Hazardous Materials Transportation Act: “[t]he petition must be filed not more than 60 days after the Secretary’s action becomes final.” 49 U.S.C. § 5127(a). This Court has held that absent clear congressional intent to preclude tolling, nonjurisdictional statutory filing deadlines are subject to equitable tolling. Boechler, P.C. v. Comm’r of Internal Revenue, 596 U.S. 199, 208-09 (2022). As such, “an ordinary, nonjurisdictional deadline [is] subject to equitable tolling.” Id. at 211. In the per curiam decision below, the Eleventh Circuit assumed § 5127(a)’s 60-day deadline is not jurisdictional. It nonetheless held that Federal Rule of Appellate Procedure 26(b) precludes tolling of this statutory deadline. Rule 26(b), which has not changed since this Court’s adoption in 1967, states: “For good cause, the court may extend the time prescribed by these rules ... . But the court may not extend the time to file ... a petition to ... review an order of an administrative agency, board, commission, or officer of the United States, unless specifically authorized by law.” The question presented is: 1. Whether Federal Rule of Appellate Procedure 26(b) precludes equitable tolling of 49 U.S.C. § 5127(a)’s ordinary and nonjurisdictional deadline to petition for review of an agency’s final action.