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Though some changes to a rule are to be expected during the notice-and-comment process, any changes an agency makes to a proposed rule when it publishes the final rule must develop as a "logical outgrowth" of the proposed regulation. If an agency is found by a reviewing court to have made significant changes to a regulation during the notice-and-comment period, the court may decide that the public was not given adequate notice of the changes and require that the agency undertake a new round of notice and comment.

 

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