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There is a strong presumption in for formal rulemaking over adjudication. 

The obvious judicial willingness to permit substantive rule-making to undercut the primacy of adjudication in the development of agency policy is widespread. See American Airlines, Inc. v. CAB, 123 U.S.App.D.C. 310, 359 F.2d 624 (1966) (en banc). And see also Air Lines Pilots Assn, Int. v. Quesada, 2 Cir., 276 F.2d 892 (1960), upholding a Federal Aviation Agency regulation barring pilots from service after their 60th birthday without providing for individualized hearings on the resultant modification of their pilots' licenses. The propriety of using rule-making rather than adjudication alone to set substantive regulatory standards has also been approved under the Poultry Products Inspection Act which, like the Federal Trade Commission Act, authorizes an agency, there the Secretary of Agriculture, to promulgate rules and regulations, 21 U.S.C. § 463 (1970), and also provides for specific adjudicatory procedures to determine the existence of misleading food labels, 21 U.S.C. § 457 (1970). Borden Co. v. Freeman, D. N.J., 256 F. Supp. 592, affirmed, 3 Cir., 369 F.2d 404 (1966) (per curiam). See also Permian Basin Area Rate Cases, 390 U.S. 747, 774-777, 20 L. Ed. 2d 312, ...

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