Eliminating Regulations Regarding the Operation of Vending Stands
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.
Issuing agencies
Abstract
By this rule, Commerce is eliminating its agency-specific regulations pertaining to the operation of vending stands. The regulations being eliminated lack a sufficient statutory authorization and are substantively unnecessary, given the existence of other, government-wide regulations implementing the Randolph-Sheppard Vending Stand Act and addressing the same issues. This action is necessary to ensure statutory conformity and streamline Commerce's body of regulations, and it will do so without diminishing any statutory obligation or entitlement.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 112 (Thursday, June 11, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 112 (Thursday, June 11, 2026)]
[Rules and Regulations]
[Pages 35382-35383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11772]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
15 CFR Part 5
[Docket No. 260608-0137]
RIN 0605-AA90
Eliminating Regulations Regarding the Operation of Vending Stands
AGENCY: Department of Commerce (Commerce).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: By this rule, Commerce is eliminating its agency-specific
regulations pertaining to the operation of vending stands. The
regulations being eliminated lack a sufficient statutory authorization
and are substantively unnecessary, given the existence of other,
government-wide regulations implementing the Randolph-Sheppard Vending
Stand Act and addressing the same issues. This action is necessary to
ensure statutory conformity and streamline Commerce's body of
regulations, and it will do so without diminishing any statutory
obligation or entitlement.
DATES: The rule is effective on June 11, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION: This rule removes Commerce's regulations at
15 CFR part 5 (``Operation of Vending Stands''). The regulations at
part 5 were promulgated on July 31, 1963 (28 FR 7772), and purport to
implement the Randolph-Sheppard Vending Stand Act (20 U.S.C. 107 et
seq.), which establishes that blind persons shall be given priority
with respect to the operation of vending stands on federal property.
That Act, however, specifically authorizes the Secretary of Education
to prescribe government-wide implementing regulations, see 20 U.S.C.
107(b), and those regulations are located at 34 CFR part 395. No
statutory provision specifically authorizes or requires Commerce to
issue its own vending stand regulations, and the regulations at part 5
do not contain any Commerce-specific detail that is up-to-date and
either necessary or significant; rather, much of the Commerce-specific
detail actually poses some risk of confusion, see, e.g., 15 CFR 5.3 and
5.7 (contemplating the performance of certain administrative functions
by the Office of Administrative Services, which has since been
renamed), and none of it is necessary to effectively implement either
the Randolph-Sheppard Vending Stand Act or the government-wide
regulations at 34 CFR part 395.
In sum, Commerce has determined that the regulations at part 5 are
appropriate for removal to (i) ensure that Commerce's regulations do
not exceed its lawful authority, (ii) avoid creating a risk of
confusion in connection with a subject-matter area sufficiently
addressed by the government-wide regulations at 34 CFR part 395, and
(iii) streamline the Code of Federal Regulations. This removal is not
expected to diminish any obligation or entitlement established by
either the Randolph-Sheppard Vending Stand Act or the regulations at 34
CFR part 395; nor is it expected to otherwise impact the regulated
public in any meaningful way.
Classification
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), Commerce finds good cause to waive
the prior notice and opportunity for public participation requirements
of the Administrative Procedure Act for this final rule. Commerce
considers this rule to be uncontroversial, and has determined that
prior notice and opportunity for public participation is unnecessary,
because this rule merely removes a regulatory part that lacks a
specific Commerce statutory authorization, pertains to a subject-matter
area sufficiently addressed by the government-wide regulations at 34
CFR part 395, and poses some risk of confusion (e.g., regarding the
scope and applicability of the government-wide regulations). The
regulatory language being removed by this rule is not necessary to
effectively implement either the Randolph-Sheppard Vending Stand Act or
the government-wide regulations at 34 CFR part 395, and this removal is
not expected to diminish or otherwise meaningfully affect any
obligation or entitlement established by either of those authorities or
any related reliance interest. For the same reasons, Commerce has
determined that delaying the effectiveness of these amendments would be
contrary to the public interest. The immediate removal of this
regulatory part will streamline Commerce's regulations, ensure
statutory conformity, and reduce the risk of public confusion, at
little-to-no cost to the public. Commerce 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
[[Page 35383]]
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 in 15 CFR Part 5
Federal property management, Blind persons, Persons with
disabilities, Vending stands, Vending machines.
Dated: June 9, 2026.
Jennifer Hesch,
Acting Deputy Assistant Secretary for Administration performing the
non-exclusive functions and duties of the Chief Financial Officer and
Assistant Secretary for Administration.
PART 5--[REMOVED AND RESERVED]
0
Accordingly, for the reasons set forth above, and under the authority
of 5 U.S.C. 301 and 20 U.S.C. 107, part 5 of title 15 of the Code of
Federal Regulations is removed and reserved.
[FR Doc. 2026-11772 Filed 6-10-26; 8:45 am]
BILLING CODE 3510-17-P
</pre></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.