where the court assumed, without deciding, that section 103 applies to the tire quality grading standards
How later courts described this case
- where the court assumed, without deciding, that section 103 applies to the tire quality grading standards
- “The Administrative Procedure Act does not require that every bit of background information used by an administrative agency be published for public comment.... The basic data upon which the agency relied in formulating the regulation was available to petitioners for comment”
Written by the judges who cited it.
The opinion
ENGEL, Circuit Judge
(concurring).
I refrain from joining those portions of the opinion touching on the delay in promulgation of the rule, not from any particular disagreement with them, but from uncertainty where blame ought finally to rest, if anywhere. So much is clear from the record: the issue has been complex and difficult for the Congress, for the agency, for the industry, and finally, for us. In all other respects, however, I fully concur in Judge Edwards’ well-reasoned opinion.