64924 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 

11 a.m. Welcome and Roll Call; 

Opening Remarks by the Committee 

Chair; Program Status Update Since 

the Last Meeting. 

12:45 p.m. Public Comments. 

1 p.m. Adjourn. 

Public Participation: The meeting is 

open to the public. The Designated 

Federal Officer and the Chairman of the 

Committee will lead the meeting for the 

orderly conduct of business. Individuals 

who would like to attend must RSVP by 

e-mail to: 

UnconventionalResources@hq.doe.gov 

no later than 12 p.m. on Tuesday, 

October 25, 2011. Please provide your 

name, organization, and citizenship. 

Anyone attending the meeting will be 

required to present government issued 

photo identification. Space is limited. If 

you would like to file a written 

statement with the Committee, you may 

do so either before or after the meeting. 

If you would like to make oral 

statements regarding any of the items on 

the agenda, you should contact Elena 

Melchert at the address or telephone 

number listed above. You must make 

your request for an oral statement at 

least two business days prior to the 

meeting, and reasonable provisions will 

be made to include the presentation on 

the agenda. Public comment will follow 

the three minute rule. 

Minutes: The minutes of this meeting 

will be available for public review and 

copying within 60 days at: http:// 

www.fossil.energy.gov/programs/oilgas/ 

advisorycommittees/ 

UnconventionalResources.html. 

Issued at Washington, DC, on October 11, 

2011. 

LaTanya Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–27054 Filed 10–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Docket No. EERE–2011–BT–DET–0057] 

RIN 1904–AC59 

Updating State Residential Building 

Energy Efficiency Codes 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of preliminary 

determination. 

SUMMARY: The Department of Energy 

(DOE or Department) has preliminarily 

determined that the 2012 edition of the 

International Code Council (ICC) 

International Energy Conservation Code 

(IECC) (2012 IECC or 2012 edition) 

would achieve greater energy efficiency 

in low-rise residential buildings than 

the 2009 IECC. Upon publication of an 

affirmative final determination, States 

would be required to file certification 

statements to DOE that they have 

reviewed the provisions of their 

residential building code regarding 

energy efficiency and made a 

determination as to whether to update 

their code to meet or exceed the 2012 

IECC. Additionally, this Notice provides 

guidance to States on how the codes 

have changed from previous versions, 

and the certification process should this 

preliminary determination be finalized. 

DATES: Comments on this preliminary 

determination must be provided by 

November 18, 2011. 

ADDRESSES: You may submit comments, 

identified by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

michael.erbesfeld@ee.doe.gov. Include 

RIN 1904–AC59 in the subject line of 

the message. 

• Postal Mail: Mr. Michael Erbesfeld, 

U.S. Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy, Forrestal Building, Mail Station 

EE–2J, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121, 

Please submit one signed paper original. 

• Hand Delivery/Courier: Mr. Michael 

Erbesfeld, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, 950 L’Enfant 

Building, Room 6014, 950 L’Enfant 

Plaza, Washington, DC 20024. 

• Instructions: All submissions must 

include the agency name, Department of 

Energy, and docket number, EERE– 

2011–BT–DET–0057, or Regulatory 

Information Number (RIN), (1904– 

AC59) for this determination. 

FOR FURTHER INFORMATION CONTACT: 

Michael Erbesfeld, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Forrestal Building, 

Mail Station EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, (202) 287–1874, e-mail: 

michael.erbesfeld@ee.doe.gov. For legal 

issues contact Kavita Vaidyanathan, 

U.S. Department of Energy, Office of the 

General Counsel, Forrestal Building, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585, (202) 586– 

0669, e-mail: 

kavita.vaidyanathan@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Statutory Requirements 

B. Background 

C. DOE’s Preliminary Determination 

Statement 

II. Discussion of Changes in the 2012 IECC 

A. Changes in the 2012 IECC That Increase 

Energy Efficiency 

B. Changes in the 2012 IECC That Decrease 

Energy Efficiency 

C. Changes in the 2012 IECC That Have an 

Unclear Impact on Energy Efficiency 

D. Changes in the 2012 IECC That Do Not 

Affect Energy Efficiency 

III. Filing Certification Statements With DOE 

A. State Determinations 

B. Certification 

C. Request for Extensions 

IV. Regulatory Analysis 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the National 

Environmental Policy Act of 1969 

D. Review Under Executive Order 13132, 

‘‘Federalism’’ 

E. Review Under the Unfunded Mandates 

Reform Act of 1995 

F. Review Under the Treasury and General 

Government Appropriations Act of 1999 

G. Review Under the Treasury and General 

Government Appropriations Act of 2001 

H. Review Under Executive Order 13211 

I. Review Under Executive Order 13175 

V. Public Participation 

I. Introduction 

A. Statutory Requirements 

Title III of the Energy Conservation 

and Production Act, as amended 

(ECPA), establishes requirements for the 

Building Energy Standards Program. (42 

U.S.C. 6831–6837) Section 304(a) of 

ECPA, as amended, provides that when 

the 1992 Model Energy Code (MEC), or 

any successor to that code, is revised, 

the Secretary must determine, not later 

than 12 months after the revision, 

whether the revised code would 

improve energy efficiency in residential 

buildings and must publish notice of the 

determination in the Federal Register. 

(42 U.S.C. 6833(a)(5)(A)) The 

Department, following precedent set by 

the ICC and the American Society of 

Heating, Refrigerating and AirConditioning Engineers (ASHRAE) 

considers high-rise (greater than three 

stories) multifamily residential 

buildings and hotel, motel, and other 

transient residential building types of 

any height as commercial buildings for 

energy code purposes. Low-rise 

residential buildings include one- and 

two-family detached and attached 

buildings, duplexes, townhouses, row 

houses, and low-rise multifamily 

buildings (not greater than three stories) 

such as condominiums and garden 

apartments. 

If the Secretary determines that the 

revision would improve energy 

efficiency then, not later than 2 years 

after the date of the publication of the 


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affirmative determination, each State is 

required to certify that it has compared 

its residential building code regarding 

energy efficiency to the revised code 

and made a determination whether it is 

appropriate to revise its code to meet or 

exceed the provisions of the successor 

code. (42 U.S.C. 6833(a)(5)(B)) State 

determinations are to be made: (1) After 

public notice and hearing; (2) in writing; 

(3) based upon findings included in 

such determination and upon evidence 

presented at the hearing; and (4) 

available to the public. (See, 42 U.S.C. 

6833(a)(5)(C).) In addition, if a State 

determines that it is not appropriate to 

revise its residential building code, the 

State is required to submit to the 

Secretary, in writing, the reasons, which 

are to be made available to the public. 

(See, 42 U.S.C. 6833(a)(5)(C).) 

B. Background 

The ICC’s IECC establishes a national 

model code for energy efficiency 

requirements for buildings. In 1997, the 

Council of American Building Officials 

(CABO) was incorporated into the ICC 

and the MEC was renamed to the IECC. 

A previous Federal Register notice, 59 

FR 36173, July 15, 1994, announced the 

Secretary’s determination that the 1993 

MEC increased energy efficiency 

relative to the 1992 MEC for residential 

buildings. Similarly, another Federal 

Register notice, 61 FR 64727, December 

6, 1996, announced the Secretary’s 

determination that the 1995 MEC is an 

improvement over the 1993 MEC. 

Federal Register notice 66 FR 1964, 

January 10, 2001, simultaneously 

announced the Secretary’s 

determination that the 1998 IECC is an 

improvement over the 1995 MEC and 

the 2000 IECC is an improvement over 

the 1998 IECC. Finally Federal Register 

notice 76 FR 42688, July 19, 2011, 

announced the Secretary’s 

determination that the 2003 IECC was 

not a substantial improvement over its 

predecessor, while the 2006 and 2009 

editions were a substantial 

improvement over its predecessors. 

C. DOE’s Preliminary Determination 

Statement 

The 2012 IECC has a substantial 

variety of revisions compared to the 

2009 IECC. Most of these revisions 

appear to directly improve energy 

efficiency that, on the whole, would 

result in a significant improvement in 

efficiency to homes built to the code. 

Therefore, the Department preliminarily 

concludes that the 2012 edition of the 

IECC should receive an affirmative 

determination under Section 304(a) of 

ECPA. 

II. Discussion of Changes in the 2012 

IECC Compared With the 2009 IECC 

Summary 

The 2012 IECC appears to improve 

residential energy efficiency with 

respect to the 2009 IECC. Based on 

DOE’s preliminary analysis, a 

preponderance of major energy 

efficiency improvements more than 

offset a small number of changes which 

have unclear or negative impacts on 

energy efficiency. The major changes 

that are estimated to improve energy 

efficiency in new homes built to comply 

with the code in most climate zones 

include: 

• Building thermal envelope 

improvements. 

Æ Increases in prescriptive insulation 

levels of walls, roofs and floors. 

Æ Decrease (improvement) in U-factor 

allowances for fenestration. 

Æ Decrease (improvement) in 

allowable Solar Heat Gain 

Coefficient (SHGC) for fenestration 

in warm climates. 

• Infiltration control: Mandated wholehouse pressure test with strict 

allowances for air leakage rates. 

• Wall insulation when structural 

sheathing is used. 

• Ventilation fan efficiency. 

• Lighting—Increased fraction of lamps 

required to be high-efficacy. 

• Air distribution systems—leakage 

control requirements. 

• Hot water pipe insulation and length 

requirements. 

• Skylight definition change. 

• Penalizing electric resistance heating 

in the performance compliance 

path. 

• Fireplace air leakage control. 

• Insulating covers for in-ground hot 

tubs and spas. 

• Baffles for attic insulation. 

Changes that appear to decrease 

residential efficiency in some situations 

include the following. 

• Steel-framed wall insulation. 

• Air barrier location. 

Changes whose effect is unclear: 

• Fenestration SHGC requirement in 

climate zone 4. 

• Interior shading assumptions in the 

performance compliance path. 

All of the changes that are estimated 

to positively or negatively impact 

energy efficiency are discussed in the 

following text. 

A. Changes in the 2012 IECC That Are 

Estimated To Increase Energy Efficiency 

Building Thermal Envelope 

Improvements 

Table R402.1.1 which specifies 

prescriptive envelope requirements, has 

been extensively modified in the 2012 

IECC compared to the 2009 IECC. This 

table represents the code’s primary 

regulation of a home’s envelope thermal 

resistance, or the resistance of the 

ceilings, walls, windows, and floors to 

the transfer of heat into or out of the 

home. The criteria are expressed as 

either R-values (Btu/h-ft2-F), which 

quantify a building component’s 

resistance to heat flow, or U-factors (hft2-F/Btu), which are the inverse of Rvalues and represent a component’s 

thermal conductance. A higher R-value 

or a lower U-factor represents an 

efficiency improvement. Table R402.1.1 

also includes requirements for glazed 

fenestration solar heat gain coefficients 

(SHGC) in the southern and central 

climate zones. In a cooling-dominated 

climate, a lower SHGC will almost 

always reduce a home’s annual energy 

consumption. 

Table 1 below shows the changes in 

the code’s required R-values and Ufactors by climate zone. DOE has 

preliminarily determined that every 

change in the code’s table represents an 

improvement in efficiency. Table 2 

below shows the increase in required 

thermal resistance for each building 

component type weighted by climate 

zone. 

For the fenestration U-factor, the code 

has increased the required thermal 

resistance by an average of 26.7%. In 

climate zone 1, Table R402.1.1 appears 

to revert from a required U-factor of 1.2 

to NR (no requirement). This, however, 

should have no effect on the energy 

efficiency of the code because the Ufactor of a minimally efficient singlepane window meets the requirement of 

1.2. Seen in this light, the change to NR 

is really a clarification, rather than an 

actual change. The U-factor 

requirements for skylights in the 2012 

IECC would reduce allowable heat loss 

through skylights an average of 12.6% 

compared to the 2009 IECC. 

For glazed fenestration the allowable 

solar heat gain coefficient (SHGC) has 

been lowered, reducing solar heat gain 

by 17% in the cooling-dominated 

climate zones (1–3). 

Four climate zones (2 through 5) were 

affected by more stringent insulation 

requirements in ceilings. Required Rvalues increased by 27% to 29% in 

these zones. However, accounting for 

the thermal bridging effects of typical 

wood framing members, DOE has 

preliminarily determined that the 

changes in the code represent a 

weighted average increase of 12.2% in 

the thermal resistance of ceilings. 

For wood frame walls, the code 

allows a choice in some climate zones 

of a single value for insulation in the 


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cavity between wall studs, or two 

values: One for cavity insulation and 

one for additional continuous insulation 

applied to the interior or exterior of the 

wall. Accounting for thermal bridging 

effects, and choosing the least thermally 

resistive of the two options, the 2012 

code is estimated to improve thermal 

resistance of wood-frame walls an 

average of 13.7%. Mass wall (e.g., 

concrete, concrete block, log) R-value 

requirements increased by an average of 

33.4%. Basement wall and crawl space 

wall R-values increased by 14.5% and 

17.6%, respectively. 

TABLE 2—NATIONAL AVERAGE INCREASE IN THERMAL RESISTANCE FOR LOWEST REQUIRED INSULATION LEVEL BY

BUILDING COMPONENT

Building component 

Increase in thermal 

resistance of required 

insulation (percent) 

Fenestration ..................................................................................................................................................................... 26.7 

Skylights ........................................................................................................................................................................... 12.6 

Ceiling .............................................................................................................................................................................. 18.2 

Wood Frame Wall ............................................................................................................................................................ 13.7 

Mass Wall 1 ...................................................................................................................................................................... 33.4 

Basement Wall 1 .............................................................................................................................................................. 14.5 

Crawl Space Wall 1 .......................................................................................................................................................... 17.6 

1There are two R-value options in the IECC. The first R-value option is used for this comparison. For mass walls, this first value applies when 

less than half of the insulation is on the interior of the mass wall, the case for which the code allows a greater reduction in required R-value due 

to the beneficial effects of thermal mass. The second number is more similar to wood frame wall requirements. For basement and crawl space 

walls, this first value applies for continuous insulation on the interior or exterior of the wall, whereas the second value is for insulation in cavities 

between studs or furring strips. In this case the two values represent approximately similar overall thermal resistance. 

The 2012 IECC specifies that 

insulation R-values conform to the 

requirements of Table R402.1.1 even if 

the insulation must be compressed to fit 

within the available cavity. This clause 

primarily affects some nominal R–19 

fiberglass batts that are designed for 

floor and/or ceiling applications where 

the available cavity is greater than the 

5.5 inches typically available in a 2x6 

wall. However, the 2012 edition has no 

prescriptive requirements that exactly 

require R–19 in wall cavities, so it is 

expected that there is no direct impact 

on energy savings. 

Infiltration Control 

Section 402.4.1.2 contains a new 

provision for a mandatory whole-house 

pressure test to determine the envelope 

air leakage rate (the test was optional in 

the 2009 IECC). The maximum 

allowable air leakage rate is 5 air 

changes/hour when tested at a pressure 

difference of 50 Pascals (5 ACH50) in 

climate zone 1 and climate zone 2; and 

3 air changes/hour (3 ACH50) in climate 

zones 3–8. The 2009 IECC specified a 

maximum of 7 ACH50 when the 

optional test was used, or directed the 

building official to inspect the envelope 


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against a detailed checklist when the 

test was not used. The lower allowed 

leakage rate of the 2012 IECC is 

expected to save energy, and the 

mandatory test will likely result in 

improved energy efficiency in homes 

that would have had higher leakage 

rates as a result of leaks that would not 

be detected by visual inspection. 

Wall Insulation When Structural 

Sheathing Is Used 

Footnote h to Table R402.1.1 allows 

certain reductions in the required Rvalue of continuous insulation on walls 

that use structural sheathing (e.g., 

plywood, OSB) for shear bracing. The 

footnote is relevant only when there is 

a mixture of structural and insulating 

sheathing on the wall(s). The 2009 IECC 

states: ‘‘First value is cavity insulation, 

second is continuous insulation, so 

‘‘13+5’’ means R–13 cavity insulation 

plus R–5 insulated sheathing. If 

structural sheathing covers 25 percent 

or less of the exterior, insulating 

sheathing is not required in the 

locations where structural sheathing is 

used. If structural sheathing covers more 

than 25 percent of exterior, structural 

sheathing shall be supplemented with 

insulated sheathing of at least R–2.’’ 

The footnote has the effect of 

suspending the continuous R-value 

requirement for portions of the wall 

covered with structural sheathing, 

provided those portions represent 25% 

or less of the wall area. If structural 

sheathing covers more than 25% of the 

wall, the structural portions must be 

augmented with additional insulating 

sheathing of at least R–2. The 2012 IECC 

states: ‘‘First value is cavity insulation, 

second is continuous insulation, so 

‘‘13+5’’ means R–13 cavity insulation 

plus R–5 continuous insulation. If 

structural sheathing covers 40 percent 

or less of the exterior, continuous 

insulation R-value shall be permitted to 

be reduced by no more than R–3 in the 

locations where structural sheathing is 

used—to maintain a consistent total 

sheathing thickness.’’ 

The 2012 IECC allows a larger fraction 

of the wall (40% rather than 25%) to 

contain reduced continuous insulation 

but, unlike the 2009 IECC, does not 

allow elimination of continuous 

insulation. The 2012 IECC specifies 

substantially more continuous 

insulation layered on top of structural 

sheathing when the structural fraction 

exceeds the 40% threshold. It is 

estimated that the net effect is greater 

overall efficiency. 

Ventilation Fan Efficiency 

When installed to function as a 

whole-house ventilation system, the 

2012 IECC specifies that mechanical 

fans meet the following requirements: 

• Range Hoods and In-line fans: 2.8 

cfm/watt. 

• Bathroom (10–90 cfm): 1.4 cfm/ 

watt. 

• Bathroom (>90 cfm): 2.8 cfm/watt. 

Because the 2012 IECC places upper 

limits on the energy requirements for 

these fans where there were no such 

limits in the 2009 IECC, this change is 

expected to improve overall efficiency 

in residences. 

Lighting 

The requirement for high efficacy 

lamps has been increased from a 

minimum of 50% of the lamps in 

permanently-installed fixtures to a 

minimum of 75%. Further, the high 

efficacy lamp requirement has been 

changed from prescriptive to 

mandatory, meaning the specification 

cannot be lessened in trade for 

efficiency improvements elsewhere in 

the home. This change also addresses an 

aspect of the 2009 IECC under which 

the use of high-efficacy lamps is not 

specified when a building achieved 

compliance via the simulated 

performance compliance path. This is 

expected to improve the energy savings 

in the 2012 IECC by reducing lighting 

energy use. The 2012 IECC also added 

an option for calculating the highefficacy fraction based on a count of 

fixtures instead of individual lamps, a 

change not expected to change overall 

efficiency. 

Section R404.1.1 in the 2012 IECC 

contains a new provision that bans 

continuously burning pilot lights on 

fuel-fired lighting. While the potential 

energy savings are limited due to the 

fringe application of this type of 

lighting, where applied, this rule would 

tend to increase energy savings by 

cutting standby energy use of the pilot 

light. 

Air Distribution System 

There are three key changes to 

requirements for air distribution 

systems that improve energy efficiency: 

• A change to section R403.2.2.1 that 

places a limit on air leakage from air 

handlers. The change is to ensure that 

the air handler delivers the vast majority 

of the supply air downstream to the rest 

of the distribution system. 

• Section R403.2.2 reduces maximum 

allowable levels of duct leakage in the 

distribution system compared to the 

2009 IECC (from 12 cfm per 100 ft 2 of 

conditioned floor area to 4 cfm/100 ft 2

for tests done on completed buildings, 

and from 6 to 4 cfm per 100 ft 2 for tests 

done at the rough-in stage of 

construction). 

• Section R403.2.3 now specifies that 

building framing cavities may not be 

used as supply ducts or plenums, which 

would eliminate the potential for air 

leaks into adjacent framing cavities and/ 

or attics, crawlspaces, or unheated 

basements. This may also lessen the 

chance of an unbalanced distribution 

system. 

DOE has preliminarily determined 

that all of these changes will increase 

the energy savings of the 2012 edition 

of the IECC by delivering more of the 

conditioned air to where it is needed via 

a more efficient distribution system. 

Hot Water Pipe Insulation and Length 

Requirements 

Section R403.4.2 contains new 

specifications for noncirculating service 

hot water distribution systems that 

should reduce energy losses from 

‘‘stranded’’ hot water and conduction of 

heat out of the pipes. The 2012 IECC 

specifies that all such pipes to be 

insulated unless they have sufficiently 

low volume as defined by a combination 

of their length (measured from the tank 

or distribution manifold to the point of 

use) and diameter. This change is 

expected to reduce the amount of hot 

water that cools off in the pipes and is 

thus wasted as users wait for 

sufficiently warm water to reach the 

fixture. Also, for circulating hot water 

systems, the required insulation has 

been increased from R-2 to R-3 and 

therefore should increase efficiency. A 

final change in the 2012 IECC requires 

that piping insulation be protected from 

the elements. Although primarily a 

durability concern, this change may 

save energy by reducing the incidence 

of damaged and/or missing insulation. 

Skylight Definition Change 

Previously, skylights were defined as 

any glazed fenestration at less than 75 

degrees from horizontal. That definition 

has been changed in the 2012 IECC to 

be less than 60 degrees from horizontal. 

The effect of this change is to classify 

more glazing as vertical fenestration 

rather than skylights. Although the 

number of skylights in this slope range 

is small, because the U-factor 

requirements for vertical fenestration 

are more stringent than for skylights, 

this change is expected to improve the 

energy savings of the 2012 IECC. 

Electric Resistance Heating in the 

Performance Path 

Under the performance compliance 

path (Section R405), the 2012 IECC has 

modified the reference design for 

buildings with electric heating systems 

that do not use a heat pump, requiring 

that a heat pump be assumed in the 


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standard reference design. Because of 

the efficiency of heat pumps as 

compared to other electric heating 

technologies, this code change is 

expected to increase the energy 

efficiency of the reference design, which 

would have the effect of specifying that 

the proposed design to be more energy 

efficient if it is to comply via this 

section and the proposed design has an 

electric heating system that is less 

efficient than a heat pump. Although 

this affects only homes with electric 

resistance heating, its effect is expected 

to be an improvement in efficiency if 

such homes comply via the performance 

method. 

Fireplace Air Leakage Control 

The 2012 IECC specifies that all 

fireplaces have tight-fitting flue dampers 

and gasketed doors (the 2009 IECC 

requires such only for wood-burning 

fireplaces). This is expected to result in 

very air-tight fireplaces which would 

improve a home’s air leakage 

characteristics. Therefore, this is 

deemed an improvement in efficiency 

for homes with fireplaces. 

In-Ground Hot Tubs and Spas 

Section R403.9 has been updated to 

include in-ground hot tubs and spas 

under the purview of the code, where 

previously only swimming pools were 

included. The change effectively 

requires hot tubs and spas to have 

insulating covers, which should lower 

energy losses. To the extent that these 

devices typically already have 

insulating covers this may have limited 

impact in terms of efficiency. 

The 2012 IECC now specifies that log 

walls meet the requirements of ICC–400, 

a separate standard for log wall 

construction. Although this does not 

change the thermal requirements, it may 

result in better quality construction of 

log walls, which would improve energy 

performance by reducing air leaks and 

thermal bypasses. 

Baffles for Attic Insulation 

Section R402.2.3 now requires a wind 

wash baffle for vented attics. For airpermeable insulation, this should 

improve the effective insulation value of 

the ceiling by reducing wind-driven air 

movement and may in some cases 

prevent blown-in insulation from being 

displaced by wind. Therefore, this is an 

improvement in efficiency for attics. 

B. Changes in the 2012 IECC That Are 

Estimated To Decrease Energy 

Efficiency 

Steel-Framed Wall Insulation 

The 2012 IECC modifies the IECC 

code’s tables of steel-framed wall Ufactor equivalences with wood-frame 

walls of various R-values in such a way 

that less efficient steel-framed walls will 

be deemed equivalent to a 

corresponding wood-frame wall in 

many cases. In the 2009 IECC, there was 

no distinction between homes with 

different steel stud spacing. In the 2012 

IECC, there are now separate U-factor 

equivalences for studs with 16’’ and 24’’ 

spacing. The 16’’ stud spacing 

requirements have two categories that 

are directly comparable to the 2009 

IECC requirements: walls with woodframe R-values of R-13 or R-21. 

According to Table A3.3 of ASHRAE 

90.1 2007, the 2009 IECC-required Rfactors represent an equivalent U-factor 

for the wall assembly of 0.077 to 0.080 

Btu/hr-ft2-F, depending on the 

compliance option. This has been 

changed in the 2012 IECC to a range of 

0.059–0.089 Btu/hr-ft2-F. The average 

compliance option based on R-13 woodframe walls represents a 5.4% higher Ufactor. For R-21 wood-frame walls, the 

steel frame options previously 

represented U-factors of 0.054, whereas 

in the 2012 code, they represent Ufactors of 0.056, a 3.1% increase. 

Insulation equivalences in the 2012 

IECC for steel walls with 24’’ stud 

spacing are slightly more lax, reflecting 

the decreased thermal bridging effects, 

compared with 16’’ stud spacing. 

Because the baseline for comparison for 

24’’ stud spacing in the 2009 IECC is 

still the general requirements that did 

not distinguish based on stud spacing, 

these new requirements represent 

higher increases in assembly U-factors 

than for 16’’ stud spacing. Specifically, 

there is a 9.1% increase in assembly Ufactors among the various insulation 

options for R-13 and an 11.8% increase 

for R-21. The steel-wood framing 

equivalences of the 2009 IECC and the 

2012 IECC are compared below in Table 

3. In this table, the first value is cavity 

insulation and the second is continuous 

insulation. For example, R-13+5 is R-13 

cavity insulation plus R-5 continuous 

insulation. 

Note that while the steel/wood 

equivalences have changed such that 

steel-stud walls may be less efficient 

than before in comparison to a 

particular wood-frame R-value, the base 

R-value requirements (expressed in 

terms of wood-frame walls) have 

substantially increased in climate zones 

3, 4, 6, 7, and 8 which would result in 

energy savings in these zones even for 

steel framed walls. Because the number 

of homes with external walls with steel 

framing is small compared to woodframe homes, this change is not 

expected to result in substantial overall 

efficiency losses in zones 1, 2, and 5. 

TABLE 3—COMPARISON OF STEEL-FRAME WALL REQUIREMENTS BETWEEN THE 2009 AND 2012 IECC 

Steel frame spacing ....................................... 16′′ stud spacing 24′′ stud spacing 

Wood-Frame Requirement ............................. R-13 R-21 R-13 R-21 

2009 IECC Options ........................................ R-0+10 or R13+5 or 

R-15+4 or R-21+3 

R-13+10 or R-19+9 or 

R-25+8 

R-13+5 or R-15+4 or 

R-21+3 or R-0+10 

R-13+10 or R-19+9 or 

R-25+8 

2012 IECC Options ........................................ R-0+9.3 or R-13+4.2 

or R-15+3.8 or R19+2.1 or R-21+2.8 

R-0+14.6 or R-13+9.5 

or R-15+9.1 or R19+8.4 or R-21+8.1 

or R-25+7.7 

R-0+9.3 or R-13+3 or 

R-15+2.4 

R-0+14 or R-13+8.3 

or R-15+7.7 or R19+6.9 or R-21+6.5 

or R-25+5.9 

Average U-factor (2009) 1 .............................. 0.079 0.054 0.063 0.04 

Average U-factor (2012) ................................ 0.083 0.056 0.07 0.045 

Average U-factor Increase ............................. 5.4% 3.1% 9.1% 11.8% 

1 Calculated using ASHRAE 90.1–2007 Table A3.4. 


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Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64929 

Air Barrier Location 

The 2012 IECC changes Table 

R402.4.1.1 by removing a requirement 

that air-permeable insulation be located 

inside the air barrier, allowing the 

insulation to be outside of the air barrier 

in the exterior envelope construction. 

By allowing air-permeable insulation to 

be located outside the air barrier this 

change may result in increased levels of 

outdoor air infiltration in the interstices 

of the insulation material. This would 

tend to reduce the effectiveness of the 

insulation. The magnitude of impact for 

this change, however, is expected to be 

minimal because an interior air barrier 

will still be effective at reducing air 

movement through the envelope and 

because the 2012 IECC’s new mandate 

for a whole-house pressure test will 

ensure that total air leakage through the 

building envelope be kept at a low rate. 

There is an additional change in the 

2012 IECC that may reduce the energy 

efficiency of the code. In the 2009 IECC, 

the common wall between dwelling 

units of a multifamily or two-family 

structure was required to be air-sealed. 

In the 2012 IECC, this requirement has 

been removed. In practice, these 

common walls can provide a route for 

air leakage to the outdoors if they are 

coupled to attics, basements, 

crawlspaces, or other unconditioned 

spaces. Because multifamily represent a 

small fraction of low-rise residential 

dwelling units (about 15%) and because 

this change creates the potential for only 

an indirect air movement path, DOE 

does not consider this change to be 

significant. 

C. Changes in the 2012 IECC That Have 

an Unclear Impact on Energy Efficiency 

Fenestration SHGC in Climate Zone 4 

As presented in Table 1, the 2012 

IECC changes SHGC specifications for 

climate zone 4 from no requirement 

(NR) to 0.4. Because climate zone 4 

contains locations where the energy 

savings from increased solar heat gains 

in winter may more than offset 

increased energy use for air 

conditioning in summer, it is possible 

that a lower SHGC would increase 

energy use in some parts of the zone. 

However, the specified fenestration Ufactor of 0.35 in both the 2009 and 2012 

IECC usually implies the use of 

windows with low-emissivity coatings 

that have an SHGC of 0.4 or below even 

in the absence of a specific SHGC 

requirement. Therefore, DOE expects 

this change to have minimal impact 

either in terms of energy savings or 

energy losses. 

Interior Shading Assumptions in the 

Performance Compliance Path 

The 2012 IECC modifies internal 

shade fractions required as inputs to the 

performance compliance path. The 2009 

IECC specified the following internal 

shade fractions for the reference design: 

Summer—0.70, Winter—0.85. These 

have been replaced in the 2012 IECC 

with the following equation for 

calculating interior shade fraction (ISF): 

ISF = 0.92¥0.21 · SHGC 

The impact of this change on the 

energy consumption of homes 

complying via the performance path is 

nuanced and difficult to generalize, but 

is expected to be small. Its primary 

impact is to modestly change the 

relative importance of cooling- and 

heating-oriented energy-saving features. 

D. Changes in the 2012 IECC That Do 

Not Affect Energy Efficiency 

Several changes were made to the 

IECC that do not directly affect energy 

efficiency. Table 4 details these changes, 

listing the section of the 2009 IECC to 

which the change was made, a 

description of the change, and an 

explanation why overall energy 

efficiency is not affected. 

TABLE 4—CHANGES TO IECC THAT DO NOT EFFECT ENERGY EFFICIENCY

Code Section Change Comments 

R202 .............................. Clarifies that residential buildings covered by chapter 4 are one- and 

two-family dwellings, townhouses and multi-family residential (R-2) 

not over 3 stories in height above grade.

This change is only a clarification. 

R202 .............................. Definition of a whole-house ventilation system ..................................... Because whole-house ventilation systems are 

not yet required by the code, this new definition effects no real change to the code’s 

requirements. 

R401.3 ........................... Results of an air leakage test must be documented on the certificate This change only affects the transparency of 

code compliance. 

R202 and R303.1.3 ....... Introduction of ‘‘Visible Transmittance’’(VT) for fenestrations. Default 

‘‘Visible Transmittances’’ defined in Table.

The table only provides default VT values for 

certain window types. VT is not directly regulated by the code. 

R402.4.4 ........................ Clarification that recessed lighting must be labeled as having a leakage rate to ceiling cavity of < = 2 cfm.This is only a clarification of previous text. 

Chapter 6 ...................... Introduction of ASHRAE test procedure 193 for determining the air 

leakage rate for HVAC Equipment.

Provides a test procedure to enable compliance with a new requirement. 

Chapter 5 ...................... Introduction of test standard for home ventilation systems: HVI 916– 

09 Airflow Test Procedure.

Provides a test procedure to enable compliance with a new requirement. 

Table R405.5.2(1) ......... Requirements for Proposed Design for Thermal Distribution Systems: 

Thermal distribution system efficiency shall be as tested or as 

specified by Table 405.5.2 if not tested. Duct insulation shall be as 

proposed.

This change is only a clarification. 

R403.6 ........................... Heating and cooling equipment shall be sized in accordance with 

ACCA Manual S based on building loads calculated in accordance 

with ACCA Manual J or other approved heating and cooling calculation methodologies.

This moves this requirement directly into the 

IECC instead of referencing the IRC. 


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64930 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 

III. Filing Certification Statements With 

DOE 

A. State Determinations 

If today’s determination is finalized, 

each State would be required to 

determine the appropriateness of 

revising the portion of its residential 

building code regarding energy 

efficiency to meet or exceed the energy 

efficiency provisions of the 2012 IECC. 

(42 U.S.C. 6833(a)(5)(B)) Note that the 

applicability of any State revisions to 

new or existing buildings would be 

governed by the State building codes. 

However, it is our understanding that 

generally, the revisions would not apply 

to existing buildings unless they are 

undergoing a change that requires a 

building permit. The determinations are 

required to be made not later than two 

years from the date of publication of a 

notice of final determination, unless an 

extension is provided. The State 

determination must be: (1) Made after 

public notice and hearing; (2) in writing; 

(3) based upon findings and upon the 

evidence presented at the hearing; and 

(4) made available to the public. States 

have considerable discretion with 

regard to the hearing procedures they 

use, subject to providing an adequate 

opportunity for members of the public 

to be heard and to present relevant 

information. The Department 

recommends publication of any notice 

of public hearing in a newspaper of 

general circulation. 

Section 304(a)(4) of ECPA, as 

amended, requires that if a State makes 

a determination that it is not 

appropriate to revise the energy 

efficiency provisions of its residential 

building code, the State must submit to 

the Secretary, in writing, the reasons for 

this determination and the statement 

shall be available to the public. (42 

U.S.C. 6833(a)(4)) 

States should be aware that, 

consistent with IECC definitions, the 

Department considers high-rise (greater 

than three stories) multifamily 

residential buildings and hotel, motel, 

and other transient residential building 

types of any height as non-residential 

buildings for energy code purposes. 

Residential buildings include one- and 

two-family detached and attached 

buildings, duplexes, townhouses, row 

houses, and low-rise multifamily 

buildings (not greater than three stories) 

such as condominiums and garden 

apartments. 

States should also be aware that this 

preliminary determination does not 

apply to IECC chapters specific to nonresidential buildings as defined above. 

Therefore, if today’s action is finalized 

then States must certify their 

evaluations of their State building codes 

for residential buildings with respect to 

all provisions of the IECC except for 

those chapters. 

B. Requests for Extensions To Certify 

Section 304(c) of ECPA, as amended, 

requires that the Secretary permit an 

extension of the deadline for complying 

with the certification requirements 

described above, if a State can 

demonstrate that it has made a good 

faith effort to comply with such 

requirements and that it has made 

significant progress toward meeting its 

certification obligations. (42 U.S.C. 

6833(c)) Such demonstrations could 

include one or both of the following: (1) 

A plan for response to the requirements 

stated in Section 304; and/or (2) a 

statement that the State has 

appropriated or requested funds (within 

State funding procedures) to implement 

a plan that would respond to the 

requirements of Section 304 of ECPA. 

This list is not exhaustive. 

IV. Regulatory Analysis 

A. Review Under Executive Order 12866 

Today’s action is not a significant 

regulatory action under section 3(f)(1) of 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735 

(Oct. 4, 1993)). Accordingly, today’s 

action was not subject to review by the 

Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires the 

preparation of an initial regulatory 

flexibility analysis for any rule that by 

law must be proposed for public 

comment, unless the agency certifies 

that the rule, if promulgated, will not 

have a significant economic impact on 

a substantial number of small entities. 

As required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ (67 FR 53461 

(Aug. 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 General 

Counsel’s Web site: http:// 

www.gc.doe.gov. If today’s action on the 

preliminary determination of improved 

energy efficiency between IECC editions 

is finalized it would require States to 

undertake an analysis of their respective 

building codes. Today’s action does not 

impact small entities. Therefore, DOE 

has preliminarily certified that there is 

no significant economic impact on a 

substantial number of small entities. 

C. Review Under the National 

Environmental Policy Act of 1969 

DOE has preliminarily determined 

that today’s action is covered under the 

Categorical Exclusion found in DOE’s 

National Environmental Policy Act 

regulations at paragraph A.6 of 

Appendix A to subpart D, 10 CFR part 

1021. That Categorical Exclusion 

applies to actions that are strictly 

procedural, such as rulemaking 

establishing the administration of 

grants. Today’s action impacts whether 

States must perform an evaluation of 

State building codes. The action would 

not have direct environmental impacts. 

Accordingly, DOE has not prepared an 

environmental assessment or an 

environmental impact statement. 

D. Review Under Executive Order 

13132, ‘‘Federalism’’ 

Executive Order 13132, 64 FR 43255 

(Aug. 4, 1999), imposes certain 

requirements on agencies formulating 

and implementing policies or 

regulations that pre-empt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. DOE has examined 

today’s action and has determined that 

it will not pre-empt State law and will 

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. Today’s action 

impacts whether States must perform an 

evaluation of State building codes. No 

further action is required by Executive 

Order 13132. 

F. Review Under the Unfunded 

Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) generally 

requires Federal agencies to examine 

closely the impacts of regulatory actions 

on State, local, and Tribal governments. 

Subsection 101(5) of Title I of that law 

defines a Federal intergovernmental 

mandate to include any regulation that 

would impose upon State, local, or 

Tribal governments an enforceable duty, 

except a condition of Federal assistance 

or a duty arising from participating in a 

voluntary Federal program. Title II of 

that law requires each Federal agency to 

assess the effects of Federal regulatory 


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Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64931 

actions on State, local, and Tribal 

governments, in the aggregate, or to the 

private sector, other than to the extent 

such actions merely incorporate 

requirements specifically set forth in a 

statute. Section 202 of that title requires 

a Federal agency to perform a detailed 

assessment of the anticipated costs and 

benefits of any rule that includes a 

Federal mandate which may result in 

costs to State, local, or Tribal 

governments, or to the private sector, of 

$100 million or more. Section 204 of 

that title requires each agency that 

proposes a rule containing a significant 

Federal intergovernmental mandate to 

develop an effective process for 

obtaining meaningful and timely input 

from elected officers of State, local, and 

Tribal governments. 

Today’s action impacts whether States 

must perform an evaluation of State 

building codes. Today’s action would 

not impose a Federal mandate on State, 

local or Tribal governments, and it 

would not result in 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. 

Accordingly, no assessment or analysis 

is required under the Unfunded 

Mandates Reform Act of 1995. 

G. Review Under the Treasury and 

General Government Appropriations 

Act of 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s action would not have any 

impact on the autonomy or integrity of 

the family as an institution. 

Accordingly, DOE has preliminarily 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

H. Review Under the Treasury and 

General Government Appropriations 

Act of 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516, note) 

provides for agencies to review most 

disseminations of information to the 

public under 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). DOE has reviewed 

today’s action under the OMB and DOE 

guidelines and has preliminarily 

concluded that it is consistent with 

applicable policies in those guidelines. 

I. Review Under Executive Order 13211 

Executive Order 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 the OMB a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgated 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 (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

the Office of Information and Regulatory 

Affairs (OIRA) as a significant energy 

action. For any proposed 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. 

Today’s action would not have a 

significant adverse effect on the supply, 

distribution, or use of energy and is 

therefore not a significant energy action. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

J. Review Under Executive Order 13175 

Executive Order 13175. ‘‘Consultation 

and Coordination with Indian Tribal 

Governments’’ (65 FR 67249 (Nov. 9, 

2000)), requires DOE to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ refers to regulations that 

have ‘‘substantial direct effects on one 

or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ Today’s 

regulatory action is not a policy that has 

‘‘tribal implications’’ under Executive 

Order 13175. DOE has reviewed today’s 

action under executive Order 13175 and 

has determined that it is consistent with 

applicable policies of that Executive 

Order. 

V. Public Participation 

The public is invited to submit 

comments on the preliminary 

determinations. Comments must be 

provided by the date specified in the 

DATES section of this notice using any of 

the methods described in the ADDRESSES

section of this notice. If you submit 

information that you believe to be 

exempt by law from public disclosure, 

you should submit one complete copy, 

as well as one copy from which the 

information claimed to be exempt by 

law from public disclosure has been 

deleted. DOE is responsible for the final 

determination with regard to disclosure 

or nondisclosure of the information and 

for treating it accordingly under the 

DOE Freedom of Information 

regulations at 10 CFR 1004.11. 

Issued in Washington, DC on October 13, 

2011. 

Henry Kelly, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–27050 Filed 10–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Docket No. EERE–2011–BT–BC–0046] 

Building Energy Codes Cost Analysis 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of reopening the public 

comment period. 

SUMMARY: This notice announces a 

reopening of the time period for 

submitting comments on the request for 

information on Building Energy Codes 

Cost Analysis published in the Federal 

Register on September 13, 2011. 76 FR 

56413. The original comment period 

closed on October 13, 2011. The 

comment period is reopened for an 

additional 30 days. 

DATES: Comments must be received no 

later that November 18, 2011. 

ADDRESSES: Any comments submitted 

must identify the request for 

information on Building Energy Code 

Cost Analysis and provide docket 

number EERE–2011–BT–BC–0046. 

Comments may be submitted using any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: Res-CEAM–2011–BC– 

0046@ee.doe.gov. Include EERE–2011– 

BT–BC–0046 in the subject line of the 

message. Submit electronic comments 

in WordPerfect, Microsoft Word, PDF, 

or ASCII file format and avoid the use 

of special characters or any form of 

encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 


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