Rule2026-17979
Repeal of Fossil Fuel Restrictions for New Federal Buildings and Major Renovations of Federal Buildings
Primary source
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Published
September 2, 2026
Issuing agencies
Energy Department
Abstract
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).
Full Text
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<title>Federal Register, Volume 91 Issue 169 (Wednesday, September 2, 2026)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17979]
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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.
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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.
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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 <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed
in the <a href="http://www.regulations.gov">www.regulations.gov</a> index.
The docket web page can be found at <a href="https://www.regulations.gov/docket/EERE-2026-FEMP-0067">https://www.regulations.gov/docket/EERE-2026-FEMP-0067</a>. 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 <a href="/cdn-cgi/l/email-protection#1e585b534e2e2e28295e7b7b307a717b30797168"><span class="__cf_email__" data-cfemail="b0f6f5fde080808687f0d5d59ed4dfd59ed7dfc6">[email protected]</span></a>.
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.
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\1\ 89 FR 35384, Clean Energy for New Federal Buildings and
Major Renovations of Federal Buildings, Final Rule (May 1, 2024).
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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\
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\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).
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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.
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\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).
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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
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