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Changes in long standing interpretations require notice and comment. See Alaska Professional Hunters Association, Inc, v. FAA 177 F.3d 1030 (D.C. Cir. 1999) Those regulated by an administrative agency are entitled to 'know the rules by which the game will be played.' See Holmes, Holdsworth's English Law, 25 LAW QUARTERLY REV. 414 (1909). 


So long as a new guidance document 'can reasonably be interpreted' as consistent with prior documents, it does not significantly revise a previous authoritative interpretation. Air Transp. Ass'n of Am. v. FAA, 291 F.3d 49, 57-58 (D.C.Cir.2002) (quotation omitted). 


A fundamental rationale of Alaska Professional Hunters was the affected parties' substantial and justifiable reliance on a well-established agency interpretation. Alaska Professional Hunters does not mean that an agency's initial interpretation, 'once informally adopted, freezes the state of agency law, which cannot subsequently be altered without notice-and-comment rulemaking.' Peter L. Strauss, Publication Rules in the Rulemaking Spectrum: Assuring Proper Respect for an Essential Element, 53 Admin. L.Rev. 803, 844 (2001); see also William Funk, A Primer on Nonlegislative Rules, 53 Admin. L.Rev. 1321, 1329-30 (2001); Richard W. Murphy, Hunters for Administrative Common Law, 58 Admin. L.Rev. 917, 921-23 (2006). It ...

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