With no explanation, chose the best option from "A", "B", "C" or "D". for use, application, and disposal. See 52 Fed.Reg. 37,-518 (1987), J.A. 120. 9 . Twelve other firms hold FIFRA registrations to formulate TBT into end-use products, however, they may be exempt from the TBT monitoring requirements under FIFRA's "formulator exception.” 7 U.S.C. § 136a(c)(2)(D). See Memorandum of Points and Authorities in Support of Defendant’s Motion for Summary Judgment (hereafter EPA SJ) at 3 n. 2. 10 . M & T Chemicals was merged into plaintiff Atochem North America Inc. in December of 1989. 11 . EPA accepted plaintiffs’ proposed methodology for sampling and quality assurance, but refused to accept many of plaintiffs’ cost-saving modifications. J.A. 752-70. 12 . Additionally, plaintiffs contend that the magnitude and duration , 538 F.2d 349, 365 (D.C. Cir.1976) (<HOLDING>). 29 . 5 U.S.C. § 706(2)(A) (1988). 30 . See

A: holding that requiring notice and comment is not required where the record demonstrates that the agency in fact has had the benefit of petitioners comments
B: holding that the postal service was not required to follow notice and comment rulemaking procedures
C: holding that the burden is on the appellant to bring forth a record that demonstrates error
D: holding that substantive changes made by administrative agencies in regulations are required to comply with certain notice and comment requirements which include publication of a notice of proposed rulemaking in the federal register an opportunity for interested persons to comment on that notice and after consideration of these comments publication of the final rule with a general statement of its basis and purpose citing 5 usc  553b c
A.