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The APA requires an agency to publish 'notice' of 'either the terms or substance of the proposed rule or a description of the subjects and issues involved,' in order to 'give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments,' and then, 'after consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose.' 5 U.S.C. § 553(b)-(c). Longstanding precedent instructs that 'notice is sufficient 'if it affords interested parties a reasonable opportunity to participate in the rulemaking process,' and if the parties have not been 'deprived of the opportunity to present relevant information by lack of notice that the issue was there.'' WJG Tel Co., Inc. v. FCC, 218 U.S. App. D.C. 367, 675 F.2d 386, 389 (D.C. Cir. 1982)  (citations omitted); see Fla. Power & Light Co. v. Nuclear Regulatory Comm'n, 846 F.2d 765, 771 (D.C. Cir. 1988).

Under APA notice and comment requirements, 'among the information that must be revealed for public evaluation are the 'technical studies and data' upon which the agency relies [in its rulemaking].' Chamber of Commerce v. ...

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