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Logical Outgrowth Test The notice-and-comment process is designed allow agencies to learn from public comments and to make appropriate changes in its final rule based on the comments. Sometimes, however, the result is that the final rule is significantly different from the proposed rule. In such instances parties who dislike the changed final rule sometimes claim that they were not given adequate notice that the agency was considering such important changes. To address such challenges, reviewing courts have developed the "logical outgrowth" test. The court determines whether the provisions of the final rule logically grow out of the terms of the proposed rule. If so, then the commenters are deemed to have adequate notice. If not, then the agency will be ordered to undertake a new round of notice and comment.
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