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DOE Delays Nondiscrimination Rule Again; FAA Targets MDHI Helicopter Drive Shaft Couplings

The Department of Energy has extended a pending nondiscrimination rescission rule's effective date to December 2026, while the FAA proposes mandatory inspections of potentially defective helicopter drive shaft couplings across a fleet of 568 U.S.-registered aircraft.

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DOE Further Delays Nondiscrimination Rule Rescission

The U.S. Department of Energy has again extended the effective date of its direct final rule titled "Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities," pushing the effective date to December 28, 2026. The rule, which affects 10 CFR 1040, was originally published on May 16, 2025, at 90 FR 20783.

The rule has now been delayed multiple times. According to the document, the effective date was first delayed until September 12, 2025 (90 FR 31140), then until December 10, 2025 (90 FR 43907), then until March 9, 2026 (90 FR 56968), and then until July 6, 2026 (91 FR 10954), before the current further delay until December 28, 2026. The document states that DOE is extending the effective date pending Department of Justice action on the subject 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."

The document notes that when the rule was originally published, DOE stated it would withdraw the direct final rule if significant adverse comments were received by June 16, 2025. DOE subsequently published a delay on July 14, 2025, to consider comments submitted in response to the direct final rule. DOE asserts that the current extension is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A), and that it is not a "substantive rule" requiring a 30-day delay in effective date under 5 U.S.C. 553(d). The document was signed on June 29, 2026, by Chris Wright, Secretary of Energy.

FAA Proposes Airworthiness Directive for MDHI Helicopter Drive Shaft Couplings

The Federal Aviation Administration is proposing a new airworthiness directive (AD) for certain MD Helicopters, LLC (MDHI) Model 369D, 369E, 369F, 369FF, 369H, and 500N helicopters, under Docket No. FAA-2026-4666. The proposed AD was prompted by a report of mechanical damage to the main transmission drive shaft coupling (coupling), part number 369H5660.

According to the document, the FAA received a report that couplings P/N 369H5660 were found with mechanical damage to the root fillets, spline faces, and the major diameter on the affected models. The document states that a new vendor improperly manufactured coupling P/N 369H5660, with a total of 148 shipped to customers between June 3, 2020, and May 1, 2022. The manufacturer reported that 86 affected couplings have been recovered, with the remaining 62 affected couplings at unknown locations. The FAA warns that, if not addressed, this condition could result in fatigue cracks growing from the damaged root fillets and spline faces, which could lead to failure of the coupling with consequent loss of power to the main rotor blades and possible emergency autorotational landing.

The proposed AD would require a one-time visual inspection of the couplings for cracks of the splines and, depending on results, replacement of the couplings. The FAA reviewed MD Helicopters Service Bulletins SB369H-264R1, SB369D-230R1, SB369E-130R1, SB369F-121R1, and SB500N-067R1 (co-published as one document, dated May 26, 2023), which specify the procedures for the inspection and any necessary replacement.

The FAA estimates the proposed AD would affect 568 helicopters of U.S. registry. The agency estimates the cost of the visual inspection at 1 work-hour at $85 per hour, for a cost per product of $85 and a total cost on U.S. operators of $48,280.

What to Watch

  • December 28, 2026: Further-delayed effective date for the DOE direct final rule rescinding new construction nondiscrimination requirements under 10 CFR 1040, pending DOJ action under Executive Orders 14281 and 12250.
  • August 17, 2026: Deadline for the FAA to receive comments on the proposed airworthiness directive for MDHI Model 369D, 369E, 369F, 369FF, 369H, and 500N helicopters (Docket No. FAA-2026-4666; Project Identifier AD-2025-01677-R).

Related

Sources

22 cited

Every hard fact above is grounded in and cited to a primary source record.

  1. The effective date was then delayed until July 6, 2026 (91 FR 10954).

    federalregister.gov

  2. DOE is extending the effective date pending Department of Justice action under Executive Order 14281, 'Restoring Equality of Opportunity and Meritocracy,' and Executive Order 12250, 'Leadership and Coordination of Nondiscrimination Laws.'

    federalregister.gov

  3. The rule affects 10 CFR 1040.

    federalregister.gov

  4. The document was signed on June 29, 2026, by Chris Wright, Secretary of Energy.

    federalregister.gov

  5. The DOE direct final rule 'Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities' was originally published on May 16, 2025, at 90 FR 20783.

    federalregister.gov

  6. The effective date of the DOE direct final rule has been further delayed until December 28, 2026.

    federalregister.gov

  7. The effective date was first delayed until September 12, 2025 (90 FR 31140).

    federalregister.gov

  8. The effective date was then delayed until December 10, 2025 (90 FR 43907).

    federalregister.gov

  9. The effective date was then delayed until March 9, 2026 (90 FR 56968).

    federalregister.gov

  10. DOE stated in the original direct final rule that it would withdraw the rule if significant adverse comments were received by June 16, 2025.

    federalregister.gov

  11. DOE published a delay on July 14, 2025, to consider comments submitted in response to the direct final rule.

    federalregister.gov

  12. The FAA is proposing a new airworthiness directive for certain MD Helicopters, LLC Model 369D, 369E, 369F, 369FF, 369H, and 500N helicopters.

    federalregister.gov

  13. The proposed AD was prompted by a report of mechanical damage to the main transmission drive shaft coupling, part number 369H5660.

    federalregister.gov

  14. A new vendor improperly manufactured coupling P/N 369H5660, with a total of 148 shipped to customers between June 3, 2020, and May 1, 2022.

    federalregister.gov

  15. The manufacturer reported that 86 affected couplings have been recovered, with the remaining 62 affected couplings at unknown locations.

    federalregister.gov

  16. The FAA warns the condition could result in fatigue cracks growing from the damaged root fillets and spline faces, which could lead to failure of the coupling with consequent loss of power to the main rotor blades and possible emergency autorotational landing.

    federalregister.gov

  17. The proposed AD would require a one-time visual inspection of the couplings for cracks of the splines and, depending on results, replacement of the couplings.

    federalregister.gov

  18. The FAA reviewed MD Helicopters Service Bulletins SB369H-264R1, SB369D-230R1, SB369E-130R1, SB369F-121R1, and SB500N-067R1, co-published as one document dated May 26, 2023.

    federalregister.gov

  19. The FAA estimates the proposed AD would affect 568 helicopters of U.S. registry.

    federalregister.gov

  20. The FAA estimates the cost of the visual inspection at 1 work-hour at $85 per hour, for a cost per product of $85 and a total cost on U.S. operators of $48,280.

    federalregister.gov

  21. The FAA must receive comments on the proposed AD by August 17, 2026.

    federalregister.gov

  22. The proposed AD is filed under Docket No. FAA-2026-4666; Project Identifier AD-2025-01677-R.

    federalregister.gov

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