DOE Delays Nondiscrimination Rule Effective Date to July 6, 2026
Summary
The U.S. Department of Energy (DOE) has further delayed the effective date of its direct final rule rescinding construction requirements related to nondiscrimination in federally assisted programs. The effective date is now extended to July 6, 2026.
What changed
The U.S. Department of Energy (DOE) has issued a direct final rule further delaying the effective date of its rule "Rescinding Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities." The effective date, previously extended multiple times, is now pushed to July 6, 2026. This delay is intended to allow the DOE to consider comments and align with Department of Justice direction under relevant Executive Orders.
This action is procedural and does not impose new obligations on regulated entities. Compliance officers should note the new effective date for the underlying rule, but no immediate action is required based on this specific delay notice. The DOE has indicated this is a rule of procedure and not a substantive rule requiring a 30-day delay.
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 Construction
Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities,” 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 20783, delayed until September
12, 2025 (90 FR 31140), further delayed until December 10, 2025 (90 FR 43907), and again delayed until March 9, 2026 (90 FR
56968) 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 20783. 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. 2026-04455 Filed 3-5-26; 8:45 am] BILLING CODE 6450-01-P
Download File
Download
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Energy Regulation alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when Regs.gov: Department of Energy publishes new changes.