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, see20 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 ( printed 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.

91 FR 35382