2026-00808: Removing an Obsolete, One-Time Reporting Requirement From the Regulations Governing the Use of Supplies in Emergency Relief Work

Federal Register, Volume 91 Issue 11 (Friday, January 16, 2026) [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 [www.gpo.gov] [FR Doc No: 2026-00808] ======================================================================= ----------------------------------------------------------------------- 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. -----------------------------------------------------------------------

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Commerce (``Department'') amend its regulations governing the use of supplies in emergency relief work by removing an outdated and obsolete one-time reporting requirement.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.