under the apa terminology, it is in a formal. the agency must do this for thousands of individuals or entities this is done on an emergency basis. we recently issued -- >> it does not provide a protection. it is often not done on an emergency basis. this is a case in which it was not an emergency basis. it went on for years. >> i am tried to explain how difficult it would be for this sort of requirement to be imposed on all of the numerous designations that are engaged in. again, based on a balancing, i think what the d.c. circuit has said is -- >> you knew where the corporation was. you knew where the principles was the best principles were at that time. what prevented the government from sending notice to them at the onset? >> my argument is not that we cannot have sent notice. that is not the argument. harmless error must mean something. it clearly is harmless because of what happened. this court can issue a decision on what the process requires and if judge king was wrong and if you disagree with the d.c. circuit. as far as a