Proposed Rule2026-00959
Amendments to Definitions and Related Provisions Under the Randolph-Sheppard Vending Facility Program; Withdrawal
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Published
January 20, 2026
Issuing agencies
Education Department
Abstract
The Secretary is withdrawing a notice of proposed rulemaking (NPRM), which proposed to amend certain definitions in, and a new definition to, the Randolph-Sheppard Act (R-S Act) regulations. Specifically, the proposed regulations added a definition of "articles," modified the definitions of "vending facility" and "vending machine," amended the regulation pertaining to the location and operation of vending facilities, and added a provision pertaining to severability.
Full Text
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<title>Federal Register, Volume 91 Issue 12 (Tuesday, January 20, 2026)</title>
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[Federal Register Volume 91, Number 12 (Tuesday, January 20, 2026)]
[Proposed Rules]
[Pages 2327-2328]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00959]
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DEPARTMENT OF EDUCATION
34 CFR Part 395
[Docket ID ED-2024-OSERS-0008]
RIN 1820-AB83
Amendments to Definitions and Related Provisions Under the
Randolph-Sheppard Vending Facility Program; Withdrawal
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice of proposed rulemaking; withdrawal.
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SUMMARY: The Secretary is withdrawing a notice of proposed rulemaking
(NPRM), which proposed to amend certain definitions in, and a new
definition to, the Randolph-Sheppard Act (R-S Act) regulations.
Specifically, the proposed regulations added a definition of
``articles,'' modified the definitions of ``vending facility'' and
``vending machine,'' amended the regulation pertaining to the location
and operation of vending facilities, and added a provision pertaining
to severability.
DATES: The NPRM published in the Federal Register at 90 FR 2550 on
January 10, 2025, is withdrawn as of January 20, 2026.
FOR FURTHER INFORMATION CONTACT: Corinne Weidenthal, U.S. Department of
Education, 400 Maryland Ave. SW, Room 4A114, Washington, DC 20202.
Telephone: (202) 245-6529. Email: <a href="/cdn-cgi/l/email-protection#25664a574c4b4b400b72404c41404b514d44496540410b424a53"><span class="__cf_email__" data-cfemail="7d3e120f14131318532a181419181309151c113d1819531a120b">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Background
On January 10, 2025, the Department published in the Federal
Register a NPRM proposing to amend the R-S regulations at 34 CFR part
395. The comment period closed on March 11, 2025. The Department
received a total of 67 public comments in response to the NPRM. Fifty-
three of the total comments were submitted as part of a letter-writing
campaign using three different form letters. These comments raised
similar issues and were submitted by The Elected Committees of Blind
Vendors and other blind vendors. In addition, the Department received
comments from four State licensing agencies, two stakeholder groups,
one organization, and seven other individual comments. Many of the
comments were in support of the changes to the definitions and adding
the definition of ``articles''; however, the majority of comments also
expressed concern with the removal of the word ``services'' within the
definition of ``vending machine.'' Commenters stated that ``services''
should remain as part of the definition of ``vending machine,''
[[Page 2328]]
because vending machines are included in the definition of vending
facilities which allows for the provision of both articles and
services. Further, commenters stated that the proposed definition will
limit, not increase, employment opportunities, and maintaining
``services'' in the definition will allow the program to evolve as
future vending becomes available. Further, the proposed regulation
amending the location and operation of vending facilities received many
comments expressing concern about whether the proposed regulation
created or removed an exemption, specifically related to the National
Park Service (NPS) and the National Aeronautics and Space
Administration (NASA) properties. The current regulations provide that
the provisions of the R-S Act do not apply at these locations when all
accommodations, facilities, or services in such areas are operated by a
single responsible concessioner. The proposed regulations continued
with the premise that the R-S Act priority to operate a vending
facility would apply to the NPS and NASA properties but clarified that
if these agencies provide visitor services through an establishment
that meets the definition of ``vending facility'' the R-S Act priority
applies. Commenters expressed concern by the proposed exemption from
the Randolph-Sheppard priority when services that meet the defnition of
a vending facility are combined with other visitor services that do not
meet that defnition. Other commenters stated they support removing the
current exemption permitted by NASA and the NPS (i.e., visitor services
operated by a single concessioner) so that their properties are treated
the same as all other Federal properties. The proposed rule also added
a severability clause, but the Department did not receive any comments
relating to that provision.
Withdrawal of the Notice of Proposed Rulemaking
We appreciate the feedback that the Department received in response
to the NPRM. In light of the concerns raised by commenters in
opposition and the additional burden these regulations would create,
the Department is withdrawing the NPRM published in the Federal
Register at 90 FR 2550 on January 10, 2025. Withdrawal of the NPRM does
not preclude the Department from issuing rulemaking on this subject in
the future or commit the Department to any future course of action.
Accessible Format: On request to the program contact listed under
FOR FURTHER INFORMATION CONTACT, individuals with disabilities can
obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
document, as well as all other Department documents published in the
Federal Register, in text or Portable Document Format (PDF). To use
PDF, you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access Department documents published in the Federal
Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Linda E. McMahon,
Secretary of Education.
[FR Doc. 2026-00959 Filed 1-16-26; 8:45 am]
BILLING CODE 4000-01-P
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