The Food and Drug Administration $($FDA$)$ wants to make a rule about testing procedures for new drugs. The FDA publishes the proposed rule, but is in a hurry to get the rule finalized and immediately adopts the proposed rule as final without waiting for public comment. A major drug manufacturer is then fined for noncompliance with the new rule. If the drug manufacturer wants to challenge the rule, will it be successful?

No$,$ because the FDA published a proposed version of the rule before it published the final rule

Yes, because the FDA did not follow the required notice and comment rule making procedures

Yes, because the rule exceeded the authority of the FDA established by

Congress in the enabling legislation

No$,$ because the rule is within the authority given to the FDA in the enabling legislation