Public Comments on Proposed Federal Rules
Here's a look at public comments on proposed Federal Register rules
Featured Stories
Archaeological Institute Urges State Dept. to Renew Protective Measures for Cameroonian Antiquities
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WASHINGTON, Sept. 11 -- The Archaeological Institute of America (AIA), a prominent organization with over 150,000 members dedicated to the study and preservation of archaeology, submitted a public comment letter to the U.S. Department of State Cultural Property Advisory Committee expressing robust support for the Government of the Republic of Cameroon's request to renew the Memorandum of Understanding (MOU) concerning import restrictions on categories of archaeological materials.
The letter outlines the importance of maintaining and protecting Cameroon's rich archaeological heritage, spanning
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WASHINGTON, Sept. 11 -- The Archaeological Institute of America (AIA), a prominent organization with over 150,000 members dedicated to the study and preservation of archaeology, submitted a public comment letter to the U.S. Department of State Cultural Property Advisory Committee expressing robust support for the Government of the Republic of Cameroon's request to renew the Memorandum of Understanding (MOU) concerning import restrictions on categories of archaeological materials.
The letter outlines the importance of maintaining and protecting Cameroon's rich archaeological heritage, spanningfrom 100,000 B.C. to the 19th century A.D. It highlights that artifacts, including stone tools, pottery, metalwork, and human remains, are crucial for understanding the region's diverse cultural history. The AIA emphasizes that safeguarding these items is essential not only for Cameroon but for the global community, as this rich history contributes significantly to a collective understanding of humanity.
AIA promotes archaeological inquiry and underscores the need for protecting cultural heritage, noting that the archaeological heritage of Cameroon remains under threat due to looting and illicit trafficking. Despite positive impacts from the current MOU established in 2021, the cultural patrimony continues to face jeopardy, exacerbated by conflict and infrastructure projects within the region. For instance, incidents of looting, including attacks on historically significant sites, have been documented, signaling the urgent need for protective measures.
To address these threats, the AIA urges the U.S. Cultural Property Advisory Committee to consider that Cameroon has made legislative strides to ensure the protection of its heritage. The Cameroonian government has committed to preserving its archaeological sites, evidenced by its ratification of the World Heritage Convention and local laws aimed at safeguarding cultural patrimony.
The letter further underscores that the process of cultural exchange is supported by such import restrictions, which are in accordance with international interests in the academic, scientific, and educational sharing of cultural property. AIA's commitment to the preservation of archaeological heritage is evident in its advocacy for enhanced cooperation and collaboration with international researchers.
The establishment of museums in Cameroon, including the recently opened Museum of the Bamoun Kings, showcases the potential for fostering community engagement and educational opportunities that promote cultural appreciation. The AIA's letter concludes with a call for continued support of Cameroon's request for a renewed MOU to augment the ongoing preservation efforts and protect the country's archaeological integrity.
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The letter was signed by:
Elizabeth S. Greene, Ph.D., RPA, President, Archaeological Institute of America
Brian I. Daniels, Ph.D., RPA, First Vice President, Archaeological Institute of America
Omur Harmanzah, Ph.D., Vice President for Cultural Heritage, Archaeological Institute of America
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URL: Archaeological Institute of America
Read full text of letter here: https://www.regulations.gov/comment/DOS-2025-0203-0089
Ancient Coin Collectors Guild, American Numismatic Association Challenge Proposed Extension of Cultural Property Agreement
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WASHINGTON, Sept. 11 -- The Ancient Coin Collectors Guild and American Numismatic Association have submitted a public comment letter to the U.S. Department of State Cultural Property Advisory Committee regarding the proposed extension of the cultural property agreement with Turkey that aims to impose import restrictions on ancient coins. This letter, filed through the regulations.gov portal, raises several procedural and substantive concerns about the current notice published in the Federal Register on August 7, 2025, which suggests that the United States intends to extend its agreement with Turkey.
The
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WASHINGTON, Sept. 11 -- The Ancient Coin Collectors Guild and American Numismatic Association have submitted a public comment letter to the U.S. Department of State Cultural Property Advisory Committee regarding the proposed extension of the cultural property agreement with Turkey that aims to impose import restrictions on ancient coins. This letter, filed through the regulations.gov portal, raises several procedural and substantive concerns about the current notice published in the Federal Register on August 7, 2025, which suggests that the United States intends to extend its agreement with Turkey.
Theorganizations contend that the Federal Register notice provides an inadequate 31-day comment period, which does not allow for meaningful public engagement. They argue that the advisory committee should wait for the newly appointed administration's composition before reviewing the current agreement, as the agency's composition has not been finalized. If the proposal expands the list of restricted coins beyond what is currently established, they assert a revised notice must be issued to solicit further comments adequately.
In terms of substance, the letters emphasize that coins, which have been historically significant, do not meet the CPIA's definition of "cultural significance." The guild and the association argue that previous discussions during the legislative debates surrounding the CPIA suggested that coins were not a government concern, primarily due to difficulties in establishing provenance. They assert that many ancient coins associated with Turkey may not necessarily meet the legal criteria of being first discovered within the country and are often found in regions outside modern-day Turkey.
Furthermore, the organizations have highlighted that there are alternative means for protecting cultural heritage that do not require imposing import restrictions. They reference the United Kingdom's Treasure Act and Portable Antiquities Scheme as effective models that enable public engagement in cultural heritage protection while fostering cooperation between collectors and authorities.
The groups are urging the Cultural Property Advisory Committee to reconsider the proposed restrictions while demanding evidence of "credible enforcement efforts" by Turkey regarding cultural property protection. They argue that any such import restrictions should apply exclusively to items that have been established as having been "first discovered within" Turkey and subject to its export controls.
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The letter was signed by:
Randolph J. Myers
Ancient Coin Collectors Guild
1626 Belle View Blvd, #7073
Alexandria, Va 22307
Ancient Coin Collectors Guild Web Site: accguild.org
*
URL: Ancient Coin Collectors Guild
*
URL: American Numismatic Association
Read full text of letter here: https://www.regulations.gov/comment/DOS-2025-0203-0031
American Petroleum Institute, Liquid Energy Pipeline Association Urge PHMSA to Reform Pipeline Special Permit Program
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WASHINGTON, Sept. 11 -- The American Petroleum Institute (API) and Liquid Energy Pipeline Association (LEPA) have jointly submitted a public comment letter to the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) urging substantial reforms to the agency's special permit program. The associations assert that reforming this program is crucial for enhancing pipeline safety and stimulating energy production in the United States.
The organizations emphasize that the current special permit process is hindered by excessive conditions and delays, which they
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WASHINGTON, Sept. 11 -- The American Petroleum Institute (API) and Liquid Energy Pipeline Association (LEPA) have jointly submitted a public comment letter to the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) urging substantial reforms to the agency's special permit program. The associations assert that reforming this program is crucial for enhancing pipeline safety and stimulating energy production in the United States.
The organizations emphasize that the current special permit process is hindered by excessive conditions and delays, which theyargue undermine the effectiveness and safety of pipeline operations. API and LEPA collectively represent a significant portion of the U.S. energy industry and advocate for a reform framework that includes three primary recommendations. They call for tailoring special permit conditions to the specifics of waiver applications, establishing a firm timeline for review processes, and setting a 15-year renewal period for granted permits.
According to the associations, the proposed framework would provide a flexible regulatory tool for PHMSA to adjust requirements based on documented safety conditions, thereby recognizing the diverse nature of pipeline systems across the country. They argue that a one-size-fits-all approach to regulations is outdated, given the varying states and types of products transported through the nation's pipeline infrastructure. For instance, specific regulations that govern pipeline repair criteria may not apply uniformly across all types of materials and operating conditions.
In their letter, the associations insist that the special permit program has the potential to improve pipeline safety and reliability by focusing on high-risk elements while increasing efficiency for both the agency and pipeline operators. They contend that a modernized special permit program would facilitate the incorporation of advanced technologies and practices in pipeline operations.
The organizations also highlight the detrimental effects of the lengthy multi-year review processes that have characterized special permit applications. They argue that regulatory delays inhibit project development and operational decision-making, which is particularly detrimental to infrastructure projects that are essential for U.S. energy production and consumer benefits.
In addressing the renewal period for special permits, API and LEPA advocate for an extension to a minimum of 15 years. They contend that longer renewal cycles would enhance regulatory certainty and support infrastructure investment, ultimately aligning with broader national energy goals.
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The letter was signed by:
Dave Murk
Senior Director, Pipelines
Midstream and Industry Operations
American Petroleum Institute
murkd@api.org
*
Andy Black
President and CEO
Liquid Energy Pipeline Association
ablack@liquidenergypipelines.org
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URL: American Petroleum Institute
*
URL: Liquid Energy Pipeline Association
Read full text of letter here: https://www.regulations.gov/comment/PHMSA-2025-0135-0009
Amazon Advocates for Regulatory Changes to Streamline Shipping Procedures
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WASHINGTON, Sept. 11 -- Amazon has issued a public comment letter to the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) supporting proposed rulemaking aimed at improving shipping efficiency for hazardous materials. The company highlights the benefits of allowing reduced-size limited quantity markings on packages containing lower-hazard materials, a change they believe will enhance operations for both shippers and carriers alike.
According to the letter, Amazon praised PHMSA's initiative, noting that the use of the 25 mm mark-already implemented
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WASHINGTON, Sept. 11 -- Amazon has issued a public comment letter to the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) supporting proposed rulemaking aimed at improving shipping efficiency for hazardous materials. The company highlights the benefits of allowing reduced-size limited quantity markings on packages containing lower-hazard materials, a change they believe will enhance operations for both shippers and carriers alike.
According to the letter, Amazon praised PHMSA's initiative, noting that the use of the 25 mm mark-already implementedthrough special permit DOT-SP 21015-has led to less excess packaging and greater transportation capacity. By embedding the reduced-size markings into carrier tracking labels, Amazon claims to have streamlined operations and minimized manual errors. They argue that this adjustment not only aids in hazard communication but also contributes to reducing waste and increasing labeling accuracy.
In addition to endorsing the proposed rule, Amazon is urging PHMSA to consider additional amendments pertaining to shipping paper requirements for hazardous materials transported in limited quantities by domestic vessels. Historically, under the ORM-D exception, such shipments did not require documentation. The company emphasizes that there is no evidence of incidents or safety concerns related to these shipments that would warrant imposing new regulations for vessel transport.
Amazon points out that other regions, such as Canada and Europe, have similar exemptions for limited quantities carried by vessel, which they argue creates inconsistencies with U.S. regulations. The company asserts that mandating shipping papers for materials deemed "relatively low risk" by PHMSA offers little to no added safety benefits and burdens shippers unnecessarily.
The letter details specific regulatory sections that Amazon believes should be amended to include relief from shipping paper requirements. Their proposed changes aim to facilitate a smoother shipping process that aligns with international standards. By restoring provisions that were authorized under the previous ORM-D exception, Amazon contends that this can enhance commerce, particularly for shipments destined for U.S. Island locations.
As the debate over shipping regulations continues, Amazon's advocacy reflects wider industry concerns about regulatory burdens and the impact on operational efficiency. With calls for harmonization between U.S. policy and international practices, the outcome of PHMSA's decision could have lasting effects on the logistics sector, particularly for providers shipping limited quantities of hazardous materials.
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Read full text of letter here: https://www.regulations.gov/comment/PHMSA-2025-0090-0009
AARP Raises Concerns Over Proposed Changes to Fair Labor Standards Act for Domestic Service
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WASHINGTON, Sept. 11 -- AARP, the advocacy organization for individuals aged 50 and older, has submitted a public comment letter to the U.S. Department of Labor expressing serious concerns regarding its proposed rule on the Application of the Fair Labor Standards Act (FLSA) to domestic service workers. The organization argues that the potential rule changes would roll back modern standards and revert to outdated regulations.
In the letter, AARP emphasizes the importance of quality in long-term care, particularly as demand for such services grows. With an aging population in the U.S., the organization
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WASHINGTON, Sept. 11 -- AARP, the advocacy organization for individuals aged 50 and older, has submitted a public comment letter to the U.S. Department of Labor expressing serious concerns regarding its proposed rule on the Application of the Fair Labor Standards Act (FLSA) to domestic service workers. The organization argues that the potential rule changes would roll back modern standards and revert to outdated regulations.
In the letter, AARP emphasizes the importance of quality in long-term care, particularly as demand for such services grows. With an aging population in the U.S., the organizationhighlights that 75 percent of older adults prefer to remain in their own homes. Home and community-based services are often a more cost-effective alternative to institutional care, saving Medicaid approximately $20,000 per year per recipient when utilizing home care instead of nursing facilities.
AARP points out that the demand for home care is expected to surge as the number of older adults continues to rise, anticipating that by 2050, those aged 65 and older will make up 20 percent of the U.S. population. The organization notes that families increasingly rely on direct care workers to help support their loved ones, but recruitment remains challenging due to high turnover rates in the home care sector.
Addressing workforce issues, AARP highlights the low wages associated with home care positions, which in 2023 averaged only $16.13 an hour. This makes retaining qualified caregivers difficult, especially as these workers often must rely on public assistance. Without better wages, benefits, and employment security, AARP warns, many will be forced to find employment in higher-paying sectors, exacerbating the existing caregiving crisis.
The proposed rule includes changes to the definition of "companionship services," which AARP argues would broadly exclude most home care workers from FLSA protections. The organization maintains that this mischaracterization threatens the financial stability and quality of care for vulnerable individuals.
AARP also opposes reinstating the exemption for third-party employers of domestic service workers. The organization argues that this would further undermine worker compensation, ultimately creating barriers to essential home care services.
In conclusion, AARP urges the Department of Labor to reconsider the implications of the proposed rule. The organization emphasizes the need for fair wages and protections for all direct care workers, including those in live-in situations, while highlighting the logistical complexities families face in complying with extensive recordkeeping requirements. AARP remains committed to advocating for policies that enhance care quality and workforce stability in the home care sector.
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The letter was signed by:
Jennifer Jones
Vice President
Financial Security & Livable Communities
AARP
*
Read full text of letter here: https://www.regulations.gov/comment/WHD-2025-0001-5263
A Better Balance Urges Labor Dept. to Withdraw Detrimental Rule for Domestic Service
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WASHINGTON, Sept. 11 -- A Better Balance, a national nonprofit legal advocacy organization, has submitted a public comment letter contesting the U.S. Department of Labor's proposed rule concerning the Application of the Fair Labor Standards Act to Domestic Service. The organization argues that the proposed deregulation would be detrimental to millions of domestic workers by stripping away essential wage and overtime protections established more than a decade ago.
In its letter, A Better Balance affirms its strong opposition to the proposed rule, which seeks to eliminate the current regulations
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WASHINGTON, Sept. 11 -- A Better Balance, a national nonprofit legal advocacy organization, has submitted a public comment letter contesting the U.S. Department of Labor's proposed rule concerning the Application of the Fair Labor Standards Act to Domestic Service. The organization argues that the proposed deregulation would be detrimental to millions of domestic workers by stripping away essential wage and overtime protections established more than a decade ago.
In its letter, A Better Balance affirms its strong opposition to the proposed rule, which seeks to eliminate the current regulationsensuring that home care workers receive minimum wage and overtime pay. The organization emphasizes that home care workers play a vital role in providing essential services to the elderly and individuals with disabilities and should be fairly compensated for their labor.
A Better Balance's advocacy focuses predominantly on promoting workplace justice, specifically for marginalized groups such as women, caregivers, and low-wage workers. The organization notes that many of those impacted by the proposed changes are women of color and families with diverse backgrounds who already face socioeconomic challenges exacerbated by historic injustices in labor laws.
The letter elaborates on the long-neglected status of home care workers, highlighting that the industry has suffered from a lack of, and in some instances, exploitative practices, including wage theft. A Better Balance points out that many home care workers live in poverty, and anecdotal evidence showcases that a substantial portion of these workers rely on public assistance for survival.
Furthermore, the organization stresses the broader implications of rescinding the 2013 rule, which would reinforce harmful stereotypes that devalue caregiving work, often deemed as "women's work." A Better Balance argues that these developments would deepen existing wage disparities, particularly for women of color, while denying workers necessary protections that could enhance their economic security.
As the need for home care services continues to rise due to an aging population, A Better Balance warns that reducing labor protections would lead to increased job turnover and a shortage of caregivers, ultimately shifting caregiving responsibilities onto family members, predominantly women. The organization encourages the DOL to uphold the regulations that have been in place for the past thirteen years, allowing home care workers to thrive and maintain their essential caregiving roles within families and communities.
A Better Balance's position reflects growing concern among various advocacy organizations regarding the rights and protections of domestic workers as the DOL navigates potential regulatory changes.
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The letter was signed by:
Elizabeth Gedmark
Vice President
A Better Balance
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URL: A Better Balance
Read full text of letter here: https://www.regulations.gov/comment/WHD-2025-0001-1265
9 Traceability Tech Providers Oppose 30-Month Delay for FDA Food Safety Rule
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WASHINGTON, Sept. 11 -- A coalition of nine traceability technology provider organizations have submitted a public comment letter to the U.S. Department of Health and Human Services Food and Drug Administration, expressing their opposition to a proposed 30-month delay in the enforcement of the Food Safety Modernization Act Traceability Rule (FSMA 204). The group, comprised of companies dedicated to enhancing compliance and traceability in the U.S. food system, argues that such a lengthy delay could jeopardize crucial advancements in food safety standards and consumer trust.
In the letter, the
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WASHINGTON, Sept. 11 -- A coalition of nine traceability technology provider organizations have submitted a public comment letter to the U.S. Department of Health and Human Services Food and Drug Administration, expressing their opposition to a proposed 30-month delay in the enforcement of the Food Safety Modernization Act Traceability Rule (FSMA 204). The group, comprised of companies dedicated to enhancing compliance and traceability in the U.S. food system, argues that such a lengthy delay could jeopardize crucial advancements in food safety standards and consumer trust.
In the letter, thecoalition emphasizes the importance of timely enforcement to maintain the momentum already gained by the food industry in implementing traceability programs. Since the introduction of FSMA 204, they note that thousands of food businesses have begun upgrading their systems and strategies for key data capture. A prolonged delay, they contend, could shift priorities away from traceability initiatives, resulting in a significant setback for compliance efforts.
The coalition noted that an extended timeline could signal a lack of regulatory accountability, undermining the authority of the FDA. By allowing such delays to occur, the signatories argue, the agency could inadvertently encourage complacency among industry players, potentially leading to a weakening of future regulatory compliance across the sectors.
Moreover, the technology providers warn that a lengthy postponement might diminish investment and innovation in traceability technology. Many businesses have made substantial investments in FSMA 204-oriented solutions; thus, a delay could destabilize these efforts, especially for small technology firms that rely on regulatory drivers to maintain their business models. The potential adverse effects on small farms and distributors further concerns the group, which asserts that affordable compliance pathways must remain accessible to avoid jeopardizing their operations.
Instead of a 30-month enforcement delay, the letter advocates for a more reasonable 12-month extension, which they believe would still allow for essential adjustments while maintaining regulator urgency. This approach would provide adequate time for companies to finalize their systems without compromising the progress that has been made to date.
The signatories also called for targeted enforcement discretion, which would support companies facing unique challenges while encouraging overall compliance. By prioritizing education and collaboration with the FDA, the letter emphasizes the need for a careful balance that fosters innovation without sacrificing safety in the food supply chain.
With the FSMA 204 rule set to play a pivotal role in enhancing food safety practices, the group's appeal underscores the critical need for swift and decisive action from regulatory authorities to maintain momentum in the industry.
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The letter was signed by:
On Behalf of the Undersigned Traceability Technology Providers
Starfish Technology Inc.
www.starfish-network.com
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CSCS LLC.
www.cscs.io
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ENSESO4Food, LLC
enseso4food.com
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Glassbit LLC
www.glassbit.com
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Provision Analytics Inc.
www.provision.io
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Schneider Food Safety Services, LLC
www.schneiderfoodsafetyservices.com
*
ThisFish Inc.
www.this.fish
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Trackvision AI Ltd
www.trackvision.ai
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Ventup, S.A.P.I. de C.V.
www.ventup.mx
*
Read full text of letter here: https://www.regulations.gov/comment/FDA-2014-N-0053-1350
24 Attorney General offices, state labor departments Oppose Proposed Rule Change to Fair Labor Standards Act for Home Care Workers
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WASHINGTON, Sept. 11 -- A coalition of 24 Attorney General offices and state labor departments has registered opposition to a recent public comment letter submitted to the U.S. Department of Labor concerning a proposed rule that would impact fair labor standards for domestic service workers. This proposal, if enacted, aims to roll back protections under the Fair Labor Standards Act (FLSA) for millions of domestic service employees, particularly those in home health care, who have been covered by these regulations for nearly a decade.
The proposed rule intends to rescind minimum wage and overtime
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WASHINGTON, Sept. 11 -- A coalition of 24 Attorney General offices and state labor departments has registered opposition to a recent public comment letter submitted to the U.S. Department of Labor concerning a proposed rule that would impact fair labor standards for domestic service workers. This proposal, if enacted, aims to roll back protections under the Fair Labor Standards Act (FLSA) for millions of domestic service employees, particularly those in home health care, who have been covered by these regulations for nearly a decade.
The proposed rule intends to rescind minimum wage and overtimepay protections that were put in place to safeguard workers in this vital industry. States argue that reverting to outdated regulations would exacerbate existing labor violations and expose vulnerable workers to further exploitation. The significance of this workforce is underscored by the fact that it has become increasingly professionalized over the last fifty years, as more workers engage in home care as their primary vocation.
Advocates from California, New York, Illinois, and other states have voiced concern regarding the repercussions of such a change, noting that the removal of federal wage safeguards would result in a detrimental shift towards wage theft and increased costs for both consumers and state agencies. Since the COVID-19 pandemic, home care workers have been classified as essential, yet they continue to face low wages and high instances of labor violations.
The coalition of states has criticized the Department's justification for this proposal as lacking a reasoned explanation and as inconsistent with the congressional intent of protecting domestic service workers. They emphasize that the rollback of regulations could lead to decreased morale, increased turnover, and ultimately compromise the quality of care provided to individuals who rely on these essential services.
Furthermore, states have raised alarms regarding the potential legal and administrative complications that could arise from the proposed rule, stating it would create confusion for both workers and employers about their rights and responsibilities. They warn that this deregulation would shift a significant enforcement burden onto states, which could struggle to manage an increased volume of wage claims with limited resources.
The common consensus among participating states is clear: the proposed rule undermines basic labor protections and could regress fifty years of progress made for domestic service employees. They urge the Department of Labor to maintain the current protections under the FLSA and recognize the critical role that these workers play in the economy and society as a whole.
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The letter was signed by:
NANCY A. WALKER
Secretary
Pennsylvania Department of Labor & Industry
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LILIA GARCIA-BROWER
California Labor Commissioner
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ROB BONTA
California Attorney General
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PHILIP J. WEISER
Colorado Attorney General
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BRIAN SCHWALB
Attorney General of the District of Columbia
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WILLIAM TONG
Attorney General of Connecticut
165 Capitol Avenue
Hartford, CT 06106
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ANNE E. LOPEZ
Hawaii Attorney General
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JANE FLANAGAN
Director, Illinois Department of Labor
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ANTHONY G. BROWN
Maryland Attorney General
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DEVKI K. VIRK
Commissioner of Labor & Industry,
Maryland Department of Labor
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ANDREA JOY CAMPBELL
Massachusetts Attorney General
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LAURA A. FORTMAN
Commissioner, Maine Department of Labor
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DANA NESSEL
Michigan Attorney General
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KEITH ELLISON
Minnesota Attorney General
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NICOLE M. BLISSENBACH
Commissioner
Minnesota Department of Labor & Industry
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AARON D. FORD
Nevada Attorney General
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MATTHEW J. PLATKIN
New Jersey Attorney General
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LETITIA JAMES
New York Attorney General
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CHRISTINA E. STEPHENSON
Oregon Labor Commissioner
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DAN RAYFIELD
Oregon Attorney General
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PETER F. NERONHA
Rhode Island Attorney General
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CHARITY R. CLARK
Vermont Attorney General
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JOEL SACKS
Director,
Washington Department of Labor and
Industries
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NICHOLAS W. BROWN
Washington Attorney General
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Read full text of letter here: https://www.regulations.gov/comment/WHD-2025-0001-5326
20 Attorneys General Criticize DOE Rule, Citing Threat to Gender Equality Efforts
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WASHINGTON, Sept. 11 -- Twenty attorneys general submitted a public comment letter opposing the U.S. Department of Energy's (DOE) proposed rescission of regulations concerning nondiscrimination based on sex in education programs that receive federal funding. The coalition asserts that the proposed direct final rule threatens critical affirmative action provisions that empower states to take proactive measures to promote gender equality in educational settings.
The public comment letter expresses concern over DOE's decision to eliminate subsection (b) of 10 C.F.R. Sec. 1042.110, which would repeal
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WASHINGTON, Sept. 11 -- Twenty attorneys general submitted a public comment letter opposing the U.S. Department of Energy's (DOE) proposed rescission of regulations concerning nondiscrimination based on sex in education programs that receive federal funding. The coalition asserts that the proposed direct final rule threatens critical affirmative action provisions that empower states to take proactive measures to promote gender equality in educational settings.
The public comment letter expresses concern over DOE's decision to eliminate subsection (b) of 10 C.F.R. Sec. 1042.110, which would repealthe "Affirmative Action Provision." This amendment, attorneys general argue, provides a necessary framework for educational institutions to address disparities in participation by persons of a particular sex, enabling proactive measures even in the absence of an initial finding of discrimination.
The coalition notes that the elimination of this provision, which has been in place since 2001, not only undermines the long-standing support for gender equality initiatives but also imposes significant risks to state programs aimed at mitigating gender discrimination. The attorneys general assert that the safeguards provided under the affirmative action guideline are imperative for states to effectively navigate Title IX compliance and fulfill their mission of promoting equitable educational opportunities.
In addition, the coalition challenges DOE's use of a direct final rule for such substantial regulatory changes, positing that the agency sidesteps the required notice-and-comment procedures under the Administrative Procedure Act. They argue that the proposed rescission does not conform to the criteria for direct final rulemaking, as it is likely to elicit considerable opposition.
The attorneys general state that the proposed rule may impede their ability to craft education programs that actively combat discrimination, exposing them to both enforcement actions from DOE and liability from private litigants. They emphasize that the legal framework assists states in making informed decisions about how to address discrimination proactively, an essential aspect of Title IX's intent.
Further, the coalition warns that the current federal administration has shown a disapproving stance on affirmative action efforts, making the repeal of this regulatory provision even more troubling. Citing recent executive orders that discourage diversity and affirmative action initiatives, the signatory states express concern about the chilling effect that the lack of clear federal guidelines may have on their local and state level initiatives.
As discussions continue surrounding the proposed regulatory amendments, the coalition insists on the necessity of honoring established public participation processes, urging DOE to reconsider its approach and engage stakeholders to ensure that the protections against discrimination in educational opportunities remain intact.
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The letter was signed by:
KRIS MAYES
Attorney General
State of Arizona
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ROB BONTA
Attorney General
State of California
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PHILIP J. WEISER
Attorney General
State of Colorado
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WILLIAM TONG
Attorney General
State of Connecticut
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KATHLEEN JENNINGS
Attorney General
State of Delaware
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BRIAN L. SCHWALB
Attorney General
District of Columbia
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KWAME RAOUL
Attorney General
State of Illinois
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AARON M. FREY
Attorney General
State of Maine
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ANTHONY G. BROWN
Attorney General
State of Maryland
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ANDREA JOY CAMPBELL
Attorney General
Commonwealth of Massachusetts
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KEITH ELLISON
Attorney General
State of Minnesota
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AARON D. FORD
Attorney General
State of Nevada
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MATTHEW J. PLATKIN
Attorney General
State of New Jersey
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RAUL TORREZ
Attorney General
State of New Mexico
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LETITIA JAMES
Attorney General
State of New York
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DAN RAYFIELD
Attorney General
State of Oregon
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PETER NERONHA
Attorney General
State of Rhode Island
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CHARITY R. CLARK
Attorney General
State of Vermont
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NICHOLAS W. BROWN
Attorney General
State of Washington
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JOSHUA L. KAUL
Attorney General
State of Wisconsin
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Read full text of letter here: https://www.regulations.gov/comment/DOE-HQ-2025-0025-0135
