28 U.S.C. § 3903 : US Code - Section 3903: Effect of failure to issue regulations

Search 28 U.S.C. § 3903 : US Code - Section 3903: Effect of failure to issue regulations

In any proceeding under section 1296 or 1346(g) of this title, if
the President, the designee of the President, or the Federal Labor
Relations Authority has not issued a regulation on a matter for
which chapter 5 of title 3 requires a regulation to be issued, the
court shall apply, to the extent necessary and appropriate, the
most relevant substantive executive agency regulation promulgated
to implement the statutory provision at issue in the proceeding.