[Federal Register Volume 90, Number 234 (Tuesday, December 9, 2025)]
[Rules and Regulations]
[Page 56968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22325]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 1040

[DOE-HQ-2025-0015]
RIN 1903-AA24


Rescinding New Construction Requirements Related to 
Nondiscrimination in Federally Assisted Programs or Activities

AGENCY: Office of Civil Rights and EEO, Department of Energy.

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 December 9, 2025, the effective date of the direct final 
rule published May 16, 2025, at 90 FR 20783, delayed until September 
12, 2025 (90 FR 31140) and December 10, 2025 (90 FR 43907), is further 
delayed until March 9, 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 
[email protected].

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, due to delays related to the lapse in 
appropriations, 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 December 4, 
2025, 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 December 5, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-22325 Filed 12-8-25; 8:45 am]
BILLING CODE 6450-01-P