- 20 - 1311 (D.C. Cir. 1991)); American Water Works Association v. EPA, 40 F.3d 1266, 1274 (D.C. Cir. 1994) (quoting Fertilizer Inst. v. EPA, 935 F.2d at 1311). The critical inquiry is whether commentators have had a fair opportunity to present their views on the final plan in a way that the Commissioner might find convincing. American Water Works Association v. EPA, 40 F.3d at 1274; Fertilizer Inst. v. EPA, supra; United Steelworkers of Am., AFL-CIO-CLC v. Marshall, 647 F.2d 1189, 1225 (D.C. Cir. 1980); BASF Wyandotte Corp. v. Costle, 598 F.2d 637, 642 (1st Cir. 1979); South Terminal Corp. v. EPA, 504 F.2d 646, 658 (1st Cir. 1974); see also American Med. Association v. United States, 887 F.2d at 768; Natural Resources Defense Council v. EPA, 824 F.2d at 1283; American Transfer & Storage Co. v. ICC, 719 F.2d 1283, 1303 (5th Cir. 1983); Wing v. Commissioner, 81 T.C. at 33-35. Stated differently, the Commissioner's final regulations are not subject to another notice and comment period where the proposed regulations fairly apprise interested persons of subjects and issues that may be addressed in the final regulations. Wing v. Commissioner, 81 T.C. at 35; see also Small Refiner Lead Phase-Down Task Force v. EPA, 705 F.2d 506, 547 (D.C. Cir. 1983); American Iron & Steel Inst. v. EPA, 568 F.2d 284, 293 (3d Cir. 1977). The purposes of notice and comment are adequately served when proposed rules generate diverse public comment, are fair to affected parties, and give affected parties an opportunity to develop evidence in the record. Association of Am. R.R. v.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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