Rule2026-04005
Streamlining the Regulations Related to Concrete Masonry Research, Education, and Promotion
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 27, 2026
Effective
February 27, 2026
Issuing agencies
Commerce DepartmentUnder-Secretary for Economic Affairs
Abstract
By this rule, the Department clarifies and streamlines the regulations related to concrete masonry research, education, and promotion. Specifically, this rule adds language to clarify the purpose of these regulations, removes all of the sections that merely restate definitions provided in the underlying statute, clarifies the Secretary of Commerce's appointment authority, and streamlines the section governing disqualification and removal with respect to the Concrete Masonry Product Board (Board). This action is necessary and intended to promote clarity, simplicity, efficiency, and statutory conformity.
Full Text
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<title>Federal Register, Volume 91 Issue 39 (Friday, February 27, 2026)</title>
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[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Rules and Regulations]
[Pages 9705-9707]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04005]
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DEPARTMENT OF COMMERCE
Office of the Under Secretary for Economic Affairs
15 CFR Part 1500
[Docket No. 260224-0056]
RIN 0605-AA86
Streamlining the Regulations Related to Concrete Masonry
Research, Education, and Promotion
AGENCY: Office of the Under Secretary for Economic Affairs, U.S.
Department of Commerce (Department).
ACTION: Final rule.
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SUMMARY: By this rule, the Department clarifies and streamlines the
regulations related to concrete masonry research, education, and
promotion. Specifically, this rule adds language to clarify the purpose
of these regulations, removes all of the sections that merely restate
definitions provided in the underlying statute, clarifies the Secretary
of Commerce's appointment authority, and streamlines the section
governing disqualification and removal with respect to the Concrete
Masonry Product Board (Board). This action is necessary and intended to
promote clarity, simplicity, efficiency, and statutory conformity.
DATES: The rule is effective February 27, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION: This action amends the Department's
regulations at 15 CFR part 1500, subpart A, which implement the
Concrete Masonry Products Research, Education, and Promotion Act of
2018 (15 U.S.C. 8701-8717). Subpart A of part 1500 was added by final
rule on September 15, 2021. 86 FR 51456. This rule amends that subpart
in the following ways.
First, this rule adds, as a new first section, language clarifying
the purpose of these regulations and citing the underlying statute.
This language will properly situate and orient the reader, thereby
promoting clarity.
[[Page 9706]]
Second, this rule removes all of the sections that merely restate
definitions set forth in the underlying statute. See 15 U.S.C. 8702
(specifically and sufficiently defining the terms ``block machine,''
``board,'' ``cavity,'' ``concrete masonry products,'' ``concrete
masonry unit,'' ``conflict of interest,'' ``Department,'' ``dry-cast
concrete,'' ``education,'' ``machine cavities,'' ``machine cavities in
operation,'' ``manufacturer,'' ``masonry unit,'' ``person,''
``promotion,'' ``research,'' ``Secretary,'' and ``United States'').
Based on that removal, this rule also consolidates the three remaining,
meaningfully-supplemental definitions--for ``Order,'' ``Act,'' and
``Geographic regions''--into a single section. These changes will
reduce redundancy and will streamline and simplify part 1500.
Third, this rule removes duplicative language, as well as an
unnecessary constraint on the Secretary of Commerce's discretion,
related to making appointments to the Concrete Masonry Product Board.
As currently written, Sec. 1500.41 applies to the initial Board, but
it is meant to apply to the Board in perpetuity. Section 1500.41 also
arbitrarily limits to six the Secretary's ability to appoint alternates
(nonvoting members), and it contains several repetitive statements.
This amendment removes references to the ``initial'' Board and the
number limit regarding alternates, and it tightens the language by
removing repetitive statements (and obviates the need for Sec.
1500.43), thus reinforcing the Secretary's authority to make
appointments and to appoint alternates as the Secretary deems
appropriate.
Fourth, this rule amends and streamlines Sec. 1500.44, which
pertains to disqualification and removal of members of the Board.
Currently, Sec. 1500.44(a) establishes that any Board member who
``ceases to qualify as a manufacturer . . . shall be disqualified from
serving on the Board,'' either at the Secretary's initiative or upon
the Board's recommendation; Sec. 1500.44(b) establishes that the Board
may recommend removal of a member if the member ``consistently refuses
to perform'' their duties or engages in ``acts of dishonesty or willful
misconduct''; and Sec. 1500.44(c) establishes that ``[a]ll members
serve at the pleasure of the Secretary.'' Considering the broad
discretion afforded to the Secretary by Sec. 1500.44(c), the
Department finds it appropriate to remove the final sentence of Sec.
1500.44(a) and Sec. 1500.44(b) in its entirety, and to add language to
Sec. 1500.44(c) generally establishing that the Board may recommend to
the Secretary that a member be removed. These changes will reduce
redundancy and remove any arbitrary restrictions imposed on the Board's
ability to make recommendations to the Secretary, without changing the
Secretary's current authority, thereby promoting efficiency.
Regulatory Classifications
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 considers this rule to be uncontroversial, and has
determined that prior notice and opportunity for public participation
is unnecessary, because this rule only adds a section clarifying the
purpose of part 1500, removes an arbitrary limit on and clarifies the
Secretary's authority to make appointments, removes regulatory language
that restates definitions set forth in the underlying statute, and
streamlines the language governing disqualification and removal of
members of the Concrete Masonry Product Board--all without changing the
substantive authority and discretion already afforded to the Secretary
of Commerce by statute. All four of these changes are consistent with
the Concrete Masonry Products Research, Education, and Promotion Act of
2018 and with the Department's broader regulatory policy; public
participation would not justify the continued lack of an introductory
purpose section or the continued maintenance of the excessive
regulatory language at issue. For the same reason, the Department has
determined that delaying the effectiveness of this elimination would be
contrary to the public interest. The four changes described above will
immediately promote clarity, simplicity, and efficiency--thereby
benefiting 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, and 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 15 CFR Part 1500
Administrative practice and procedure, Concrete masonry promotion.
Dated: February 25, 2026.
Joyce Meyer,
Under Secretary for Economic Affairs.
Accordingly, for the reasons set forth above and under the
authority of 15 U.S.C. 8713, the Department amends part 1500 of title
15 of the Code of Federal Regulations to read as follows:
PART 1500--CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION
0
1. The authority citation for part 1500 continues to read as follows:
Authority: 15 U.S.C. 8701-8717.
Subpart A--Concrete Masonry Products Research, Education, and
Promotion Order
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2. Revise the undesignated center heading for Sec. Sec. 1500.0 through
1500.21 to read as follows:
Purpose and Definitions
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3. Revise Sec. 1500.0 to read as follows:
Sec. 1500.0 Purpose.
The purpose of these regulations is to set out the Department of
Commerce's policies and procedures under the Concrete Masonry Products
Research, Education, and Promotion Act of 2018.
0
4. Revise Sec. 1500.1 to read as follows:
Sec. 1500.1 Definitions.
(a) Order means this subpart A, Concrete Masonry Products Research,
Education, and Promotion Order.
(b) Act means the Concrete Masonry Products Research, Education,
and Promotion Act of 2018 (15 U.S.C. 8701 et seq.; Pub. L. 115-254,
section 1301, 132 Stat. 3469-3485 (2018)), and any amendments thereto.
(c) Geographic regions means the groupings of states as delineated
in this
[[Page 9707]]
Order (at Sec. 1500.40(c)), for the purpose of supporting research,
education, and promotion plans and projects.
Sec. Sec. 1500.2 through 1500.15 [Removed and Reserved]
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5. Remove and reserve Sec. Sec. 1500.2 through 1500.15.
Sec. Sec. 1500.17 through 1500.21 [Removed and Reserved]
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6. Remove and reserve Sec. Sec. 1500.17 through 1500.21.
0
7. Revise Sec. 1500.41 to read as follows:
Sec. 1500.41 Nominations and Appointments.
(a) The Secretary shall appoint not fewer than 15 and not more than
25 members to the Board, and alternate members as deemed appropriate.
Alternate members participate in meetings but do not vote as members of
the Board. The Secretary shall consider nominations submitted from the
Board as well as other manufacturers as the Secretary deems
appropriate.
(b) In the event a voting member vacates their appointment, the
Secretary will appoint an alternate member to fill the unexpired term.
If the Board fails to submit nominations for any open position, the
Secretary shall appoint a member qualifying for the position under
criteria set forth in 1500.40.
A maximum of two individuals from any single company or its
affiliates may serve on the Board at any one time, and current members
will not necessarily be replaced with another representative of the
same company.
Sec. Sec. 1500.43 [Removed and Reserved]
0
8. Remove and reserve Sec. 1500.43.
0
9. Revise Sec. 1500.44 to read as follows:
Sec. 1500.44 Disqualification and Removal.
(a) In the event that any Board member or alternate Board member
who was appointed as a manufacturer ceases to qualify as a
manufacturer, such Board member or alternate Board member shall be
disqualified from serving on the Board.
(b) [Reserved]
(c) All members serve at the pleasure of the Secretary. The Board
may recommend to the Secretary that a member be removed from office.
[FR Doc. 2026-04005 Filed 2-26-26; 8:45 am]
BILLING CODE 3150-20-P
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</html>Indexed from Federal Register on February 27, 2026.
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