Rule2026-00808
Removing an Obsolete, One-Time Reporting Requirement From the Regulations Governing the Use of Supplies in Emergency Relief Work
Primary source
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Published
January 16, 2026
Effective
January 16, 2026
Issuing agencies
Commerce Department
Abstract
By this rule, the Department of Commerce ("Department") amend its regulations governing the use of supplies in emergency relief work by removing an outdated and obsolete one-time reporting requirement. This action is necessary to streamline the Department's regulations and to remove a provision that no longer serves any practical purpose and that poses a risk of distraction and confusion. The intended effect of this action is to minimize regulatory complexity and clutter, and to preserve the relevancy and accuracy of the Department's regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 11 (Friday, January 16, 2026)</title>
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[Federal Register Volume 91, Number 11 (Friday, January 16, 2026)]
[Rules and Regulations]
[Pages 2082-2083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00808]
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DEPARTMENT OF COMMERCE
19 CFR Part 358
[Docket No. 260108-0023]
RIN 0625-AB31
Removing an Obsolete, One-Time Reporting Requirement From the
Regulations Governing the Use of Supplies in Emergency Relief Work
AGENCY: International Trade Administration, Department of Commerce.
ACTION: Final rule.
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SUMMARY: By this rule, the Department of Commerce (``Department'')
amend its regulations governing the use of supplies in emergency relief
work by removing an outdated and obsolete one-time reporting
requirement. This action is necessary to streamline the Department's
regulations and to remove a provision that no longer serves any
practical purpose and that poses a risk of distraction and confusion.
The intended effect of this action is to minimize regulatory complexity
and clutter, and to preserve the relevancy and accuracy of the
Department's regulations.
DATES: The rule is effective January 16, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
The Department is amending its regulations at 19 CFR part 358,
which pertain to the use of supplies in emergency relief work.
Specifically, the Department is amending Part 358 by removing Sec.
358.104, a provision that established a one-time reporting requirement
that is now obsolete. The Department is taking this action to reduce
regulatory complexity, to eliminate clutter from the Code of Federal
Regulations, and to ensure that the Department's regulations are
relevant and accurate.
II. Background
The regulations at 19 CFR part 358 establish the procedures through
which the Secretary of Commerce may permit the temporary importation of
certain supplies free of antidumping and countervailing duties during a
Presidentially-declared emergency. The Department established these
regulations in a final rule on October 30, 2006 (71 FR 63234). That
rule implemented the authority granted to the Secretary of Commerce
under section 318(a) of the Tariff Act of 1930, as amended (19 U.S.C.
1318(a)), which allows for the duty-free importation of supplies for
emergency relief work. This authority was originally vested in the
Secretary of the Treasury, but it was delegated to the Secretary of
Commerce with respect to antidumping and countervailing duties in 1979.
The 2006 final rule was promulgated to create a clear and defined
process for the Department to exercise this authority, thereby
facilitating access to critical resources, such as food, clothing,
medical supplies, and other necessary goods, in the event of a declared
emergency.
As part of the original rulemaking, the Department promulgated 19
CFR 358.104, titled ``Report.'' That section required the Secretary to
review the first five years of the operation of part 358 and issue a
report on its findings. The purpose of this one-time report was to
consider and document the impact that determinations permitting the
duty-free importation of emergency supplies had on U.S. parties that
had previously been found to be injured by dumped and/or subsidized
imports. The Department included this provision because it had no prior
experience with this waiver mechanism and sought to monitor its
application for any potential
[[Page 2083]]
unintended consequences for domestic industries.
After a review of 19 CFR part 358, the Department has determined
that Sec. 358.104 is appropriate for removal for the reasons discussed
below.
III. Discussion
The Department is amending its regulations at 19 CFR part 358 to
remove Sec. 358.104. As previewed, Sec. 358.104 established a one-
time reporting requirement related to the first five years of the
operation of part 358, which began in 2006. That five-year span has now
long since passed (and the one-time reporting requirement was
satisfied), rendering Sec. 358.104 obsolete. Section 358.104 no longer
serves any practical purpose. Accordingly, the Department has
determined that Sec. 358.104 is appropriate for removal. Removing
Sec. 358.104 represents a common-sense measure to clean up the
Department's regulations, eliminate outdated language and other
clutter, and minimize the risk of confusion.
For the sake of completeness, the Department also notes that the
precise reporting requirement established by Sec. 358.104 was not
specifically mandated or authorized by the cited statutory authority.
While 19 U.S.C. 1318(a) directs the Secretary to report to Congress on
actions taken under that section, it does not require the promulgation
of a regulation detailing a five-year review cycle or the specific
impact assessments outlined in 15 CFR 358.104. The Department will
continue to fulfill its statutory reporting obligations as required by
law, and the elimination of Sec. 358.104 does not alter the
Department's statutory duties--it simply removes an unnecessary and
expired procedural layer from the Code of Federal Regulations.
IV. Regulatory Certifications
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to
waive the prior notice and opportunity for public participation
requirements of the Administrative Procedure Act for this final rule.
The Department has determined that prior notice and opportunity for
public participation is unnecessary, because this rule only removes a
plainly outdated and obsolete one-time reporting requirement; public
participation could not change the obsolete nature of Sec. 358.104 or
otherwise justify its continued inclusion in 19 CFR part 358. For the
same reasons, the Department has determined that delaying the
effectiveness of these amendments would be contrary to the public
interest. The language being removed by this rule contributes to
regulatory complexity and poses a risk of confusion, and its removal
will immediately benefit the public at little to no cost. The
Department therefore finds good cause to waive the public notice and
comment period under 553(b)(B) and to waive the 30-day delay in
effectiveness under 553(d).
B. Executive Orders 12866, 14192, 13132
The Office of Management and Budget has determined this rule is not
significant pursuant to Executive Order (E.O.) 12866. This rule is an
E.O. 14192 deregulatory action. This rule does not contain policies
having federalism implications as the term is defined in E.O. 13132.
C. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public participation are not required to be given for this rule by 5
U.S.C. 553(b)(B), the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
D. Paperwork Reduction Act
This rule will not impose additional reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501
et seq.
List of Subjects for 19 CFR Part 358
Administrative practice and procedure, Antidumping, Countervailing
duties, Disaster assistance, Imports, Reporting and recordkeeping
requirements.
Dated: January 13, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Accordingly, for the reasons set forth in the preamble, part 358 of
title 19 of the Code of Federal Regulations is amended as follows:
PART 358--SUPPLIES FOR USE IN EMERGENCY RELIEF WORK
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1. The authority citation for part 358 continues to read as follows:
Authority: 19 U.S.C. 1318(a).
Sec. 358.104 [Removed and Reserved]
0
2. Remove and reserve Sec. 358.104.
[FR Doc. 2026-00808 Filed 1-15-26; 8:45 am]
BILLING CODE 3510-DS-P
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