The United States Department of Energy (DOE) is proposing to rescind the requirements in 10 CFR 1040.73 which require to new construction to not discriminate against people with disabilities. The DOE is relying on another provision in 10 CFR 1040.71 that is general in stating that no “handicapped” person shall be excluded from participation or subject to discrimination.

The proposed rule is a “Direct Final Rule,” meaning that it will go into effect on July 15, 2025, without the customary comment periods. The current requirement in 10 CFR 1040.73 states that new construction must be in accordance with the Uniform Federal Accessibility Standards (UFAS). Although the UFAS is almost half a century old, it is still more than what would be in place if the rule is allowed to proceed.

To reset the process, “significant adverse comments” would need to be received by DOE by June 16, 2025; just a few weeks from today. If you or your organization would like to file comments, that must be done through the Federal eRulemaking Portal. For additional information, visit: https://www.federalregister.gov/documents/2025/05/16/2025-08535/rescinding-new-construction-requirements-related-to-nondiscrimination-in-federally-assisted-programs

The APA Technical Standards and Legislative and Legal Committees will be composing comments to be submitted on behalf of APA.