NCD advises DOE on rulemaking impacting people with disabilities
WASHINGTON – RealEstateRama – The National Council on Disability sent a letter Wednesday from Vice Chair and Acting Chair Shawn Kennemer to U.S. Department of Energy Secretary Chris Wright regarding rulemaking impacting people with disabilities.
DOE’s direct final rule, or DFR, plans to rescind longstanding new construction requirements related to disability nondiscrimination in federally assisted programs or activities.
“NCD is deeply concerned with DOE’s intention to rescind 10 C.F.R. § 1040.73 of DOE’s Section 504 regulation as it contains longstanding, crucial requirements for physical accessibility of buildings constructed and altered using federal financial assistance,” wrote Kennemer.
As an independent, bipartisan federal agency that advises Congress, the President, and other federal agencies on national disability policy, NCD examined the rule and sent the letter to Wright.
“The DOE regulation at issue has existed for 45 years and is an essential part of the overall federal assurance that buildings constructed or altered using federal funds are useable by all Americans,” he continued.
DOE officials had requested public comment on the DFR, becoming effective July 15, unless significant adverse comments are received by June 16. Significant adverse comments are ones which oppose the rule and raise, alone or in combination, a serious enough issue related to each of the independent grounds for the rule that a substantive response is required.
Information on the DRF is available in the Federal Register and directs interested persons to submit comments using the Federal eRulemaking Portal at www.regulations.gov under docket number DOE-HQ-2025-0015.
“NCD stands ready to assist DOE through our expertise and advisement to ensure that buildings constructed or altered with DOE’s financial assistance continue to be accessible to all Americans,” wrote Kennemer. “We look forward to discussing this matter with you soon.”
Read the letter at NCD.gov.
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