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Code of Federal Regulations
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==Background== Congress frequently delegates authority to an executive branch agency to issue regulations to govern some sphere. These statutes are called "authorizing statute" or "enabling statute" (or "authorizing legislation"). Authorizing statutes typically have two parts: (1) a substantive scope, typically using language such as "The Secretary shall promulgate regulations to [accomplish some purpose or within some scope]"; and (2) procedural requirements, typically to invoke [[rulemaking]] requirements of the [[Administrative Procedure Act (United States)|Administrative Procedure Act]] (APA), [[Paperwork Reduction Act]] (PRA, codified at {{usc|44|3501|3521}}), [[Regulatory Flexibility Act]] (RFA, codified at {{usc|5|601|612}}), and several executive orders (primarily [[Executive Order 12866]])).<ref name="duke">{{Cite web |title=Federal Administrative Law |url=http://law.duke.edu/lib/researchguides/fedadminlaw/ |access-date=March 10, 2014 |publisher=[[Duke University School of Law]]}}. A summary of the statutes, regulations, and executive orders that govern rulemaking may be found at [[David E. Boundy]], ''The PTAB is Not an Article III Court, Part 1: A Primer on Federal Agency Rulemaking'', American Bar Assβn, Landslide, vol. 10 no. 2 pp. 9β13 (Nov-Dec 2017) [https://www.americanbar.org/content/dam/aba/publications/landslide/2017-nov-dec/ptab-not-article-iii-court.authcheckdam.pdf here] or [https://ssrn.com/abstract=3258044 here]</ref> Generally, each of these laws requires a process that includes (a) publication of the proposed rules in a [[notice of proposed rulemaking]] (NPRM), (b) certain cost-benefit analyses, (c) request for public comment and participation in the decision-making, and (d) adoption and publication of the final rule, via the ''[[Federal Register]]''.<ref name=duke/><ref>{{USC|5|553}}</ref> [[Rulemaking]] culminates in the inclusion of a regulation in the Code of Federal Regulations. Such regulations are often referred to as "implementing regulations" vis-a-vis the authorizing statute.
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