2026-13347: Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities
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The U.S. Department of Energy (DOE) is further extending the effective date of the direct final rule "Rescinding Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities," published on May 16, 2025.
The agency’s own summary, as published.
The rule, in full
528 words as published, July 01, 2026. View the original →
Federal Register, Volume 91 Issue 125 (Wednesday, July 1, 2026) [Federal Register Volume 91, Number 125 (Wednesday, July 1, 2026)] [Rules and Regulations] [Pages 39850-39851] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-13347] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY 10 CFR Part 1040 [DOE-HQ-2025-0015] RIN 1903-AA24 Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities
Agency
Office of Civil Rights and EEO, Department of Energy.
Action
Direct final rule; further delay of effective date. -----------------------------------------------------------------------
Summary
The U.S. Department of Energy (DOE) is further extending the effective date of the direct final rule ``Rescinding Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities,'' published on May 16, 2025.
Dates
As of July 1, 2026, the effective date of the direct final rule published May 16, 2025, at 90 FR 20783, delayed until September 12, 2025 (90 FR 31140), further delayed until December 10, 2025 (90 FR 43907), again delayed until March 9, 2026 (90 FR 56968) and then [[Page 39851]] delayed until July 6, 2026 (91 FR 10954) is further delayed until December 28, 2026.
For Further Information Contact
Ms. Patricia Zarate, U.S. Department of Energy, Office of Equal Employment Opportunity, MA-1.3, 1000 Independence Avenue SW, Washington, DC 20585; (202) 586-2218 or mail to: [email protected].
Supplementary Information
On May 16, 2025, DOE published a direct final rule. 90 FR 20783. DOE stated in that direct final rule that if significant adverse comments were received by June 16, 2025, DOE would withdraw the direct final rule. Id. On July 14, 2025, DOE published a document delaying the effective date to consider comments submitted in response to the direct final rule. 90 FR 31140. In this document, DOE is further extending the effective date pending Department of Justice action on the topic of the direct final rule under Executive Order 14281, ``Restoring Equality of Opportunity and Meritocracy'' and Executive Order 12250, ``Leadership and Coordination of Nondiscrimination Laws.'' 90 FR 17537 (April 28, 2025); 45 FR 72995 (Nov. 4, 1980). To the extent that 5 U.S.C. 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A) and for which no notice or hearing is required by statute. Additionally, this action is not a ``substantive rule'' for which a 30-day delay in effective date is required under 5 U.S.C. 553(d). Signing Authority This document of the Department of Energy was signed on June 29, 2026, by Chris Wright, Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on June 29, 2026. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2026-13347 Filed 6-30-26; 8:45 am] BILLING CODE 6450-01-P
What this changes
Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.
Rulemaking docket
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Rule May 16, 2025Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities
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Rule July 14, 2025Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities
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Rule September 11, 2025Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities
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Rule December 09, 2025Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities
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Rule March 06, 2026Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities
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Rule July 01, 2026Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities
Public comments
What people are saying
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Erin Barsan 2026-05-12
“I am writing not just as a concerned citizen, but as someone who cares deeply about accessibility and equity, particularly on behalf of my disabled, wheelchair-using relative and the broader disabled community I’m part of. I’ve seen firsthand how critical accessible public infrastructure is to basic dignity, freedom, and safety. Section 504 of the Rehabilitation Act exists for a reason—to ensure that disabled people can access the same spaces, services, and opportunities as everyone else. That’s why these proposed rule changes matter so much to me. I am submitting this comment in strong opp...”
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Beth Young 2026-05-12
“Why on earth would you remove a requirement that new construction meet accessibility standards? Construction by the federal government must be accessible by all Americans. It's not just permanently disabled Americans who require accessible public spaces--it's legions of Americans who are temporarily disabled due to illness or injury also require them. Limited access to public spaces means limited ability to access services AND to work in those spaces. In other words, the change would harm not just the person who can't access the facility, but all of that person's colleagues and customers. W...”
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Anonymous Anonymous 2026-05-12
“This proposed ruling decreases taxpayer benefit and increases taxpayer burden by making access to new federal building more difficult for countless citizens with handicaps or who generally may need any sort of physical accommodation, including elderly citizens or citizens pushing strollers. While 10 CFR 1040.71 does prohibit discrimination, the rule that this rule would rescind (10 CFR 1040.73) clarifies a means of fulfilling 10 CFR 1040.71. One-size-fits-all rules are rarely the best option but in this case ensuring that federal buildings are accessible to all citizens can only help taxpay...”
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Anonymous Anonymous 2026-05-12
“I strongly OPPOSE this direct final rule as a higher education practitioner and scholar. This rule will have detrimental consequences for students, staff, faculty, and community members with disabilities and those who need physical assistance. The existing provisions are NOT unnecessary and unduly burdensome, as they are in place to protect the rights of all peoples.”
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Anonymous Anonymous 2026-05-12
“I am have worked for the Department of Energy Tri-Labs for 8 years as a federal contractor. My partner is a quadriplegic who broke his neck during a surfing accident 9 years ago. I am writing to urge the DOE not to rescind 10 CFR 1040.73, specifically the section with a reminder of the requirement to design and construct buildings with access for people with disabilities. As an able-bodied person myself but with a partner who uses a wheelchair, I have witnessed first-hand how most Americans care about making their spaces accessible to all, but they usually do not remember to do so until fac...”
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Read all comments on Regulations.gov →
Comment volume from Regulations.gov; the comment-submission API was retired in 2025, so comments are filed on Regulations.gov directly.
Documents
- Full text (Federal Register) · July 01, 2026
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