On May 16, 2025, the Department of Energy (DOE) published a “Direct Final Rule” (DFR) that would rescind the Department’s section 504 new construction regulation and specifically its incorporation of the quantitative design standards in the Uniform Federal Accessibility Standards (UFAS).
A “direct final rule” is one that will take effect without the ordinary notice and comment period required of new or amended regulations. So this rule will take effect – that is, the DOE new construction regulation will be rescinded – on July 15, 2025 unless “significant adverse comments” are received by June 16, 2025.
Ultimately, the DFR would get rid of the specific language of the new construction regulation and the UFAS while covered entities would still be required to comply with the Department’s and Section 504’s general antidiscrimination language. This would not only result in the construction of buildings that are inaccessible to disabled people, it would also cause confusion, expense, and liability for covered entities, that is, the businesses, universities, and other institutions that receive funding from the DOE.
Fox & Robertson has prepare a template comment: https://docs.google.com/document/d/111twLSumTfNan7qBsSAt1fmzUkwV7ccadZl0p8sD4y8/edit?tab=t.0 If you use all or part of this template, please adjust it to explain your or your organization’s specific interest in and experience with the design and construction of accessible buildings.
Please file it here on or before June 16, 2025: https://www.regulations.gov/commenton/DOE-HQ-2025-0015-0001