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In the modern administrative state, many 'laws' emanate not from Congress but from administrative agencies, inasmuch as Congress has seen fit to vest broad rulemaking power in the executive branch, including independent agencies. See Synar v. United States, 626 F. Supp. 1374, 1383-84 (D.D.C.) (three judge court), aff'd, 478 U.S. 714, 106 S. Ct. 3181, 92 L. Ed. 2d 583 (1986); K. Davis Administrative Law Treatise § 3.8 (1982 Supp.); cf. Ticor Title Insurance Co. v. FTC, 814 F.2d 731, slip op. at 2-3 (D.C. Cir. 1987) (dismissing on procedural grounds a challenge to the delegation of law enforcement powers to an independent agency). This rulemaking power is obviously cabined by whatever requirements may exist in the particular statute delegating rulemaking authority, a subject which we treated in our initial decision in this case. See 244 U.S. App. D.C. 279, 757 F.2d 354 (D.C. Cir. 1985). But Congress has also provided in the APA for certain procedural protections before that which achieves the lofty status of 'law' is promulgated by an agency acting in its Congressionally authorized lawmaking capacity. Chief among these protections are the notice-and-comment requirements laid down in the familiar provision of 5 U.S.C. § ...

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