[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Rules and Regulations]
[Pages 20788-20791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08594]
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DEPARTMENT OF ENERGY
10 CFR Part 1042
[DOE-HQ-2025-0025]
RIN 1903-AA22
Rescinding Regulations Related to Nondiscrimination on the Basis
of Sex in Education Programs or Activities Receiving Federal Financial
Assistance
AGENCY: Office of Minority Economic Impact, Department of Energy (DOE).
ACTION: Direct final rule; request for comments.
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[[Page 20789]]
SUMMARY: This final rule rescinds certain unnecessary regulatory
provisions related to nondiscrimination on the basis of sex in
education programs or activities receiving federal financial
assistance.
DATES: The final rule is effective July 15, 2025, unless significant
adverse comments are received by June 16, 2025. 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. If
significant adverse comments are received, notification will be
published in the Federal Register before the effective date either
withdrawing the rule or issuing a new final rule which responds to
significant adverse comments.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov under docket
number DOE-HQ-2025-0025. Follow the instructions for submitting
comments. The docket for this final rule, which includes Federal
Register notices, comments, and other supporting documents and
materials, is available for review at www.regulations.gov. All
documents in the docket are listed in the www.regulations.gov index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/DOE-HQ-2025-0025. The docket web page contains instructions on how to access
all documents, including public comments, in the docket, as well as a
summary of the rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. David Taggart, U.S. Department of
Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue
SW, Washington, DC 20585-0121. Telephone: (202) 586-5281. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Discussion
II. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Additional Executive Orders and Presidential
Memoranda
III. Approval of the Secretary
I. General Discussion
DOE is rescinding certain provisions from its regulations found in
part 1042 of chapter X of title 10 of the Code of Federal Regulations
(CFR) (``Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance''). Specifically, DOE
is rescinding paragraphs (b) through (d) of 10 CFR 1042.110, ``Remedial
and affirmative action and self-evaluation.'' Upon further evaluation,
and for the reasons explained subsequently, DOE has determined these
provisions to be unnecessary.
Under 10 CFR 1042.110(a), if the designated agency official finds
that a recipient of financial assistance has discriminated against
persons on the basis of sex in an education program or activity, the
recipient ``shall take such remedial action as the designated agency
official deems necessary to overcome the effects of such
discrimination.'' This provision contains a direct requirement for
recipients to take remedial action upon a finding of discrimination.
This provision can be distinguished from 10 CFR 1042.110(b), which
permits recipients to take action in the absence of such a finding. The
regulation at 10 CFR 1042.110(b) states, ``a recipient may take
affirmative action consistent with law to overcome the effects of
conditions that resulted in limited participation therein by persons of
a particular sex.'' 10 CFR 1042.110(b) contains no substantive right or
obligation but rather grants permission for a recipient to ``take
action . . . consistent with law.'' Accordingly, DOE finds this
provision to be unnecessary.
The regulations at 10 CFR 1042.110(c) and (d) contain self-
evaluation and records maintenance requirements for recipients. The
regulation at 10 CFR 1042.110(c) requires that each recipient conduct a
self-evaluation ``within one year of February 20, 2001'' which will
then be maintained ``for at least three years'' pursuant to 10 CFR
1042.110(c). The regulations under 10 CFR 1042.110(c) and (d) are not
ongoing self-evaluation and records maintenance requirements for
recipients, rather these were focused on an evaluation conducted during
a limited time period (February 20, 2001-February 20, 2002) and the
records maintenance requirements for that evaluation. As the
requirements from the regulations under 10 CFR 1042.110(c) and (d)
expired over twenty years ago, they are unnecessary.
For the reasons above, DOE is rescinding these provisions. DOE
seeks all comments on its recission.
II. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,''
as supplemented and reaffirmed by E.O. 13563, ``Improving Regulation
and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires agencies,
to the extent permitted by law, to (1) propose or adopt a regulation
only upon a reasoned determination that its benefits justify its costs
(recognizing that some benefits and costs are difficult to quantify);
(2) tailor regulations to impose the least burden on society,
consistent with obtaining regulatory objectives, taking into account,
among other things, and to the extent practicable, the costs of
cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits (4)
to the extent feasible, specify performance objectives, rather than
specifying the behavior or manner of compliance that regulated entities
must adopt; and (5) identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public.
For the reasons stated in the preamble, this final rule is
consistent with these principles. Section 6(a) of E.O. 12866 also
requires agencies to submit ``significant regulatory actions'' to the
Office of Information and Regulatory Affairs (OIRA) for review. OIRA
has determined that this direct final rule does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this direct final rule was not submitted to OIRA for
review under E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not
[[Page 20790]]
have a significant economic impact on a substantial number of small
entities. As required by E.O. 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. DOE has made its
procedures and policies available on the Office of the General
Counsel's website (www.energy.gov/gc/office-general-counsel).
DOE reviewed this rescission under the provisions of the Regulatory
Flexibility Act and the policies and procedures published on February
19, 2003. This recission eliminates provisions in regulations that are
unnecessary and create no substantive right or obligation. Therefore,
DOE initially concludes that the impacts of the rescission would not
have a ``significant economic impact on a substantial number of small
entities,'' and that the preparation of an IRFA is not warranted. DOE
will transmit this certification and supporting statement of factual
basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
This rescission imposes no new information or recordkeeping
requirements. Accordingly, Office of Management and Budget (OMB)
clearance is not required under the Paperwork Reduction Act. (44 U.S.C.
3501 et seq.)
D. Review Under the National Environmental Policy Act of 1969
DOE has reviewed this final rule under 10 CFR part 1021, DOE's
National Environmental Policy Act Implementing Procedures. DOE has
determined that the final rule fits within categorical exclusion A.5
listed in appendix A to 10 CFR part 1021, subpart D: Rulemaking that
interprets or amends an existing rule or regulation and that does not
change the environmental effect of the rule or regulation being
amended. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735.
DOE has examined this rescission and has tentatively determined
that it would not have a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any, (2) clearly
specifies any effect on existing Federal law or regulation, (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction, (4) specifies the retroactive
effect, if any, (5) adequately defines key terms, and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOE has completed the required review and
determined that, to the extent permitted by law, this rescission meets
the relevant standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
DOE examined this rescission according to UMRA and its statement of
policy and determined that the rescission does not contain a Federal
intergovernmental mandate, nor is it expected to require expenditures
of $100 million or more in any one year by State, local, and Tribal
governments, in the aggregate, or by the private sector. As a result,
the analytical requirements of UMRA do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This rescission would not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
[[Page 20791]]
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOE has determined that this rescission would not result in
any takings that might require compensation under the Fifth Amendment
to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving
Implementation of the Information Quality Act (April 24, 2019), DOE
published updated guidelines which are available at: https://www.energy.gov/cio/department-energy-information-quality-guidelines.
DOE has reviewed this rescission under the OMB and DOE guidelines and
has concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to OIRA at OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final
rule, and that: (1) is a significant regulatory action under Executive
Order 12866, or any successor order and is likely to have a significant
adverse effect on the supply, distribution, or use of energy; or (2) is
designated by the Administrator of OIRA as a significant energy action.
For any significant energy action, the agency must give a detailed
statement of any adverse effects on energy supply, distribution, or use
should the proposal be implemented, and of reasonable alternatives to
the action and their expected benefits on energy supply, distribution,
and use.
This rescission is not a significant regulatory action under E.O.
12866. Moreover, it would not have a significant adverse effect on the
supply, distribution, or use of energy, nor has it been designated as
such by the Administrator at OIRA. Accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Additional Executive Orders and Presidential Memoranda
DOE has examined this rescission and has tentatively determined
that it is consistent with the policies and directives outlined in
Executive Order 14192, ``Unleashing Prosperity Through Deregulation.''
This rescission is expected to be an Executive Order 14192 deregulatory
action.
III. Approval of the Secretary
The Secretary of Energy has approved publication of this direct
final rule; request for comment.
List of Subjects in 10 CFR Part 1042
Education, Sex discrimination.
Signing Authority
This document of the Department of Energy was signed on May 9,
2025, by Chris Wright, Secretary, Department 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 May 9, 2025.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 1042 of
chapter X of title 10 of the Code of Federal Regulations, as set forth
below:
PART 1042--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
1. The authority citation for part 1042 continues to read as follows:
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688;
42 U.S.C. 7101 et seq.; and 50 U.S.C. 2401 et seq.
Sec. 1042.110 [Amended]
0
2. Amend Sec. 1042.110 by removing and reserving paragraphs (b)
through (d).
[FR Doc. 2025-08594 Filed 5-12-25; 9:30 am]
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