DOE Extends Effective Date of Nondiscrimination Rule
Summary
The Department of Energy (DOE) is further delaying the effective date of its direct final rule rescinding nondiscrimination regulations. The effective date is now extended to July 6, 2026, to allow further consideration of comments and alignment with executive orders.
What changed
The Department of Energy (DOE) has issued a direct final rule further delaying the effective date of its rule rescinding nondiscrimination regulations in federally assisted programs. This latest delay pushes the effective date to July 6, 2026. The DOE cites the need to consider public comments and align with executive orders concerning equality of opportunity and nondiscrimination laws.
This action is procedural and does not impose new obligations on regulated entities. The primary impact is the continued postponement of the rescission of existing nondiscrimination rules. Compliance officers should note the new effective date for the underlying rule, although no immediate action is required based on this delay notice itself.
Source document (simplified)
Content
ACTION:
Direct final rule; further delay of effective date.
SUMMARY:
The U.S. Department of Energy (DOE) is further extending the effective date of the direct final rule “Rescinding Regulations
Related to Nondiscrimination in Federally Assisted Programs or Activities (General Provisions),” published on May 16, 2025.
DATES:
As of March 6, 2026, the effective date of the direct final rule published May 16, 2025, at 90 FR 20777, delayed until September
12, 2025 (90 FR 31140), further delayed until December 9, 2025 (90 FR 43539), and again delayed until March 9, 2026 (90 FR
56967) is further delayed until July 6, 2026.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeffrey Novak, U.S. Department of Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue SW, Washington,
DC 20585; (202) 586-5281 or DOEGeneralCounsel@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
On May 16, 2025, DOE published a direct final rule. 90 FR 20777. DOE stated in that direct final rule that if significant
adverse comments were received by June 16, 2025, DOE would withdraw the direct final rule. Id. On July 14, 2025, DOE published a document delaying the effective date to consider comments submitted in response to the direct
final rule. 90 FR 31140.
In this document, DOE is further extending the effective date in order to follow the Department of Justice direction on the
topic of the direct final rule under Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy” and Executive
Order 12250, “Leadership and Coordination of Nondiscrimination Laws.” 90 FR 17537 (April 28, 2025); 45 FR 72995 (Nov. 4, 1980).
To the extent that 5 U.S.C. 553 applies to this action, it is exempt from notice and comment because it constitutes a rule
of procedure under 5 U.S.C. 553(b)(A) and for which no notice or hearing is required by statute. Additionally, this action
is not a “substantive rule” for which a 30-day delay in effective date is required under 5 U.S.C. 553(d).
Signing Authority
This document of the Department of Energy was signed on March 3, 2026, by Chris Wright, 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 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 March 4, 2026. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2026-04452 Filed 3-5-26; 8:45 am] BILLING CODE 6450-01-P
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