Candace BarnetteThe U.S. Department of Energy (DOE) is fast-tracking the elimination of an accessibility rule from the 1970s, using a direct process that bypasses normal public comment procedures.
The DOE published the rescission on May 16 to eliminate Section 504 regulations–specifically 10 CFR 1040.73 in the Code of Federal Regulations–claiming the provisions are unnecessary and create undue burden on grant recipients.
The rule currently requires any company building, designing or renovating a facility with DOE financial assistance to ensure the project is accessible to people with disabilities. The same requirement applies to major alterations.
Removing this rule means private companies seeking DOE grants for energy efficiency projects, building improvements or new construction would not need to factor accessibility into their funding applications. These entities would still face potential liability under broader federal anti-discrimination statutes, but the specific construction requirements would disappear.
The DOE argues that other regulations already prohibit discriminatory activities, making accessibility provisions redundant. The agency contends that general anti-discrimination rules in 10 CFR 1040.71, for example, provide sufficient protection while giving private entities more flexibility in how they comply with federal law.
Critics argue the DOE is overstepping its authority by rescinding a rule that Congress incorporated into the Rehabilitation Act of 1973. Disability rights advocates say the direct final rule mechanism–designed for minor, non-controversial changes–should not be used to eliminate decades-old accessibility protections.
The Disability Rights Education and Defense Fund (DREDF) mobilized opposition to the rescission, arguing that Congress specifically endorsed these rules when it added them to the Rehabilitation Act. Advocates worry this move could encourage other federal agencies to fast-track similar rollbacks of accessibility requirements.
The original July 15 effective date has been pushed back to September 12 due to the volume of public opposition. The DOE received more than 20,000 comments on the rescission, with a significant number opposing the action.
Under direct final rule procedures, agencies must withdraw or modify their proposals if they receive substantial adverse comments that raise serious substantive concerns.
If the rescission moves forward as planned, organizations getting DOE funding for building projects would no longer need to meet specific accessibility standards unless required by other federal, state or local laws.
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