2026-17979: Repeal of Fossil Fuel Restrictions for New Federal Buildings and Major Renovations of Federal Buildings

Federal Register, Volume 91 Issue 169 (Wednesday, September 2, 2026) [Federal Register Volume 91, Number 169 (Wednesday, September 2, 2026)] [Rules and Regulations] [Pages 56371-56372] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-17979] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 91, No. 169 / Wednesday, September 2, 2026 / Rules and Regulations [[Page 56371]] DEPARTMENT OF ENERGY 10 CFR Parts 433 and 435 [EERE-2026-FEMP-0067] RIN 1904-AG17 Repeal of Fossil Fuel Restrictions for New Federal Buildings and Major Renovations of Federal Buildings

Agency

Federal Energy Management Program, Department of Energy.

Action

Notification of stay. -----------------------------------------------------------------------

Summary

The Department of Energy (DOE) is reviewing its recent guidance related to the implementation of newly adopted provisions regarding Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings (CER). While DOE reviews the CER implementation guidance, DOE is staying the compliance date for the newly adopted provisions in the Code of Federal Regulations (CFR).

Dates

As of September 2, 2026, the compliance date for 10 CFR part 433, subpart B and 10 CFR part 435, subpart B, published at 89 FR 35384 (May 1, 2024), and stayed at 90 FR 18911 (May 5, 2025), and further stayed until September 1, 2026, at 91 FR 20868 (Apr. 20, 2026), is further stayed until March 1, 2027.

Addresses

The docket for this rulemaking, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. The docket web page can be found at https://www.regulations.gov/docket/EERE-2026-FEMP-0067. The docket web page contains instructions on how to access all documents, including public comments, in the docket.

For Further Information Contact

Mr. Rick Mears, U.S. Department of Energy, Office of Critical Minerals and Energy Innovation, Federal Energy Management Program, FEMP-1, 1000 Independence Avenue SW, Washington, DC 20585-0121, Phone: 240-278-5857, Email: RescindFossilFuelRestrictions2026 [email protected].

Supplementary Information

On May 1, 2024, DOE issued regulations that require certain new Federal buildings and Federal buildings undergoing major renovations to be designed to reduce their fossil fuel-generated energy consumption and provides a process for Federal agencies to petition for a downward adjustment from these requirements if applicable.\1\ This rule amended the regulations governing energy efficiency in Federal buildings found in 10 CFR parts 433 and 435. Specifically, the final rule added subpart B that outlines the fossil fuel-generated energy consumption requirement, the methodology for determining a Federal building's fossil fuel-generated energy consumption, and the process for petitioning for a downward adjustment to 10 CFR parts 433 and 435. Also, the final rule added Appendix A to subpart B, which identifies the targets for specific building types and climate zones for Fiscal Year (FY) 2020-2024 and FY 2025-2029. --------------------------------------------------------------------------- \1\ 89 FR 35384, Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings, Final Rule (May 1, 2024). --------------------------------------------------------------------------- The final rule became effective on July 15, 2024, and applied the energy performance standards to certain newly constructed or majorly renovated Federal buildings for which design for construction begins on or after May 1, 2025. 89 FR 35384. On January 17, 2025, DOE posted guidance designed to assist Federal agencies to implement the final rule. Shortly after DOE published this implementation guidance document and the petition template, President Trump announced new energy policies, specifically those relating to energy security and reliability.\2\ --------------------------------------------------------------------------- \2\ See e.g., Executive Order 14154 of January 20, 2025, Unleashing American Energy, 90 FR 8353 (Jan. 29, 2025); Executive Order 14156 of January 20, 2025, Declaring a National Energy Emergency, 90 FR 8433 (Jan. 29, 2025); Executive Order 14262 of April 8, 2025, Strengthening the Reliability and Security of the United States Electric Grid, 90 FR 15521 (April 14, 2025). --------------------------------------------------------------------------- In May 2025, DOE published a notice that delayed the implementation of the final rule for one year. 90 FR 18911 (May 5, 2025). DOE stated that it was reviewing its implementation guidance to ensure that they are consistent with the policies of the current Administration. Accordingly, while DOE reviewed the implementation guidance and associated documents, DOE stayed the provisions of the recent final rule to avoid the regulatory burden to Federal agencies to comply with the rule. Specifically, DOE stayed subpart B, including Appendix A, of 10 CFR part 433 and subpart B, including Appendix A, of 10 CFR part 435. Because DOE stayed these provisions, Federal agencies were not required to comply with the applicable energy performance standards during this time. In April 2026, DOE published a second notice that delayed the implementation of the final rule until September 1, 2026. 91 FR 20868 (Apr. 20, 2026). In the second notice, DOE stated that, in addition to reviewing the implementation guidance and associated documents, DOE was also reviewing the recent final rule to ensure consistency with stated energy policies and guidance relating to agency rulemaking.\3\ This review is still ongoing. Accordingly, DOE stays the compliance date of the recent final rule that requires certain newly constructed or majorly renovated Federal buildings to meet energy performance standards. Specifically, DOE further stays the compliance date in subpart B of 10 CFR part 433 and subpart B of 10 CFR part 435 until March 1, 2027. Because the compliance date for these provisions is stayed, Federal agencies are not required to comply with these applicable energy performance standards during this time. --------------------------------------------------------------------------- \3\ E.g., Executive Order 14219 of February 19, 2025, Ensuring Lawful Governance and Implementing the President's ``Department of Government Efficiency'' Deregulatory Initiative, 90 FR 10583 (Feb. 26, 2025). --------------------------------------------------------------------------- Signing Authority This document of the Department of Energy was signed on August 31, 2026, by Mary Sotos, the Director of the Federal Energy Management Program, pursuant to delegated authority from the 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 [[Page 56372]] 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 August 31, 2026. Jennifer Hartzell, Alternate Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2026-17979 Filed 9-1-26; 8:45 am] BILLING CODE 6450-01-P