57900 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

1American National Standards Institute (ANSI)/ 

American Society of Heating, Refrigerating, and AirConditioning Engineers (ASHRAE)/Illuminating 

Engineering Society (IES). 

2An overview of the ANSI consensus process is 

available at http://www.ansi.org/standards_

activities/domestic_programs/overview.aspx?

menuid=3. 

3ASHRAE press release available at https://www.

ashrae.org/news/2013/ashrae-ies-publish-2013- 

energy-standard-changes-for-envelope-lightingmechanical-sections. 

Issued in Washington, DC on September 

17, 2014. 

LaTanya R. Butler, 

Deputy Committee Management Officer. 

[FR Doc. 2014–22889 Filed 9–25–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Docket No. EERE–2014–BT–DET–0009] 

RIN 1904–AD27 

Determination Regarding Energy 

Efficiency Improvements in ANSI/

ASHRAE/IES Standard 90.1–2013: 

Energy Standard for Buildings, Except 

Low-Rise Residential Buildings 

AGENCY: Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of determination. 

SUMMARY: The U.S. Department of 

Energy (DOE) has determined that the 

2013 edition of the ANSI/ASHRAE/IES 1

Standard 90.1: Energy Standard for 

Buildings, Except Low-Rise Residential 

Buildings would improve energy 

efficiency in buildings subject to the 

code compared to the 2010 edition of 

Standard 90.1. DOE has determined that 

buildings built to Standard 90.1–2013, 

as compared with buildings built to 

Standard 90.1–2010, would result in 

national source energy savings of 

approximately 8.5 percent and site 

energy savings of approximately 7.6 

percent of commercial building energy 

consumption. Upon publication of this 

affirmative determination, States are 

required to certify that they have 

reviewed the provisions of their 

commercial building code regarding 

energy efficiency, and, as necessary, 

updated their codes to meet or exceed 

Standard 90.1–2013. Additionally, this 

notice provides guidance to States on 

certifications and requests for 

extensions of deadlines for certification 

statements. 

DATES: Certification statements provided 

by States must be submitted by 

September 28, 2015. 

ADDRESSES: Certification Statements 

must be addressed to the Building 

Technologies Office—Building Energy 

Codes Program Manager, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 1000 

Independence Avenue SW., EE–5B, 

Washington, DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Jeremiah Williams; U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, 1000 Independence 

Avenue SW., EE–5B, Washington, DC 

20585; (202) 287–1941; 

Jeremiah.Williams@ee.doe.gov. 

For legal issues, please contact Kavita 

Vaidyanathan; U.S. Department of 

Energy, Office of the General Counsel, 

1000 Independence Avenue SW., GC– 

71, Washington, DC 20585; (202) 586– 

0669; Kavita.Vaidyanathan@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

II. Introduction 

III. Methodology 

IV. Summary of Findings 

V. Determination Statement 

VI. State Certification 

VII. Regulatory Review & Analysis 

I. Statutory Authority 

Title III of the Energy Conservation 

and Production Act, as amended 

(ECPA), establishes requirements for 

building energy conservation standards, 

administered by the DOE Building 

Energy Codes Program. (42 U.S.C. 6831 

et seq.) Section 304(b), as amended, of 

ECPA provides that whenever the ANSI/ 

ASHRAE/IESNA Standard 90.1–1989 

(Standard 90.1–1989 or 1989 edition), or 

any successor to that code, is revised, 

the Secretary of Energy (Secretary) must 

make a determination, not later than 12 

months after such revision, whether the 

revised code would improve energy 

efficiency in commercial buildings, and 

must publish notice of such 

determination in the Federal Register. 

(42 U.S.C. 6833(b)(2)(A)) The Secretary 

may determine that the revision of 

Standard 90.1–1989, or any successor 

thereof, improves the level of energy 

efficiency in commercial buildings. If 

so, then not later than 2 years after the 

date of the publication of such 

affirmative determination, each State is 

required to certify that it has reviewed 

and updated the provisions of its 

commercial building code regarding 

energy efficiency with respect to the 

revised or successor code. (42 U.S.C. 

6833(b)(2)(B)(i)) Each State must 

include in its certification a 

demonstration that the provisions of its 

commercial building code, regarding 

energy efficiency, meet or exceed the 

revised Standard. (42 U.S.C. 

6833(b)(2)(B)(i)) 

If the Secretary makes a determination 

that the revised Standard will not 

improve energy efficiency in 

commercial buildings, State commercial 

codes shall meet or exceed the last 

revised Standard for which the 

Secretary has made an affirmative 

determination. (42 U.S.C. 

6833(b)(2)(B)(ii)) On October 19, 2011, 

DOE published its determination in the 

Federal Register updating the reference 

code to Standard 90.1–2010. (76 FR 

64904) 

ECPA also requires the Secretary to 

permit extensions of the deadlines for 

the State certification if a State can 

demonstrate that it has made a good 

faith effort to comply with the 

requirements of Section 304(b) of ECPA 

and that it has made significant progress 

in doing so. (42 U.S.C. 6833(c)) DOE is 

also directed to provide technical 

assistance to States to support 

implementation of State residential and 

commercial building energy efficiency 

codes. (42 U.S.C. 6833(d)) 

II. Introduction 

Publication of Standard 90.1–2013 

The American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers (ASHRAE) and Illuminating 

Engineering Society (IES) approved the 

publication of the 2013 edition of 

Energy Standard for Buildings Except 

Low-Rise Residential Buildings in 

October 2013. The Standard is 

developed under ANSI-approved 

consensus procedures,2 and is under 

continuous maintenance by a Standing 

Standard Project Committee. ASHRAE 

has established a program for regular 

publication of addenda, or revisions, 

including procedures for timely, 

documented, consensus action on 

requested changes to the Standard. The 

American National Standards Institute 

(ANSI) approved the final addendum for 

inclusion in the 2013 edition in 

September 2013. Standard 90.1–2013 

was published in October 2013.3 More 

information on ANSI/ASHRAE/IES 

Standard 90.1–2013 is available at: 

https://www.ashrae.org/resourcespublications/bookstore/standard-90-1. 

DOE Determination 

In arriving at its determination, DOE 

reviewed all changes between the 2013 

and 2010 editions of Standard 90.1. 

Standard 90.1 is complex and covers a 

broad spectrum of the energy-related 

components and systems in buildings, 

ranging from simpler commercial 

buildings to more complex hospitals 

and laboratory facilities. Standard 90.1– 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57901 

2013 was developed through the same 

approach as the previous 2010 edition, 

which involves committee approval 

through a consensus process consistent 

with ANSI procedures for developing 

industry standards. The 2013 edition 

contains no significant changes to the 

overall scope or the structure of the 

Standard. As a result, DOE preliminarily 

determined that the methodology used 

for the analysis of Standard 90.1–2010 

should again be utilized for the analysis 

of Standard 90.1–2013. DOE published 

a Notice of Preliminary Determination 

regarding Standard 90.1–2013 in the 

Federal Register on May 15, 2014. (79 

FR 27778) 

Public Comments Regarding the 

Determination 

DOE accepted public comments on 

the Notice of Preliminary Determination 

for Standard 90.1–2013 until June 16, 

2014. DOE received timely submissions 

from a total of three commenters. These 

comments are discussed below. 

Jim Ranfone submitted a written 

document (Docket No. EERE–2014–BT– 

DET–0009–0002) containing three 

comments. In his first comment, Mr. 

Ranfone questions the economic basis of 

Standard 90.1, in particular the fact that 

ASHRAE does not use marginal costs for 

natural gas. Mr. Ranfone indicates that 

this will overstate the cost savings from 

the energy upgrades in the Standard. In 

response, DOE notes that it is directed 

by statute to evaluate published editions 

of Standard 90.1 and issue a 

determination as to whether the 

updated edition will result in energy 

savings in commercial buildings. DOE is 

not given the authority to dictate 

specific economic criteria informing the 

decisions of the ASHRAE Standard 90.1 

Committee. DOE notes that the 

membership of the ASHRAE Standard 

90.1 Committee, itself, develops 

economic criteria to inform its decisions 

surrounding the cost-effectiveness of 

proposed code changes. As a national 

model, the Standard 90.1 Committee 

chose to reference national average 

values in the development of the 

Standard. In his second comment, Mr. 

Ranfone questioned the use of a blended 

rate for heating costs. He contends that 

the blended rate skews the basic energy 

cost assumptions by overstating 

efficiency improvements that affect 

natural gas, and understating electric 

savings for improvements affecting 

electricity savings. In response, DOE 

notes that it is directed by statute to 

evaluate published editions of Standard 

90.1, and issue a determination as to 

whether the updated edition will result 

in energy savings in commercial 

buildings. DOE is not given the 

authority to dictate specific cost 

parameters and other economic criteria 

informing the decisions of the ASHRAE 

Standard 90.1 Committee. Specific to 

the topic of ‘‘blended’’ utility costs, DOE 

has reviewed the economic criteria 

established by the ASHRAE Standard 

90.1 Committee, and notes criteria 

employed in Standard 90.1–2013 as 

consistent with past criteria used in the 

development of the Standard—an 

approach that appears unchanged since 

the development of Standard 90.1–1999. 

In his third comment, Mr. Ranfone also 

questioned the inclusion of 

requirements in Standard 90.1–2013 

that are neutral in terms of energy 

efficiency, but which would add costs 

for compliance, specifically citing 

requirements for electric and fuel 

meters. In response, DOE again notes its 

statutory role in assessing energy 

savings associated with Standard 90.1, 

and in issuing a determination of energy 

savings for commercial buildings. DOE 

is not given the authority to reconcile 

costs of specific code provisions, or 

overall economics surrounding updated 

codes, as part of its energy savings 

determination. Rather, such 

consideration is provided directly as 

part of the code development and 

consensus process. In general, DOE 

acknowledges that code changes which 

do not have a direct impact on energy 

efficiency are common, including a 

number of changes in Standard 90.1– 

2013. Such changes often target an 

alternative objective, such as improved 

code usability or enforceability, but 

which otherwise seek to improve the 

design and construction of energy 

efficient buildings. Within the context 

of the DOE determination, individual 

addenda included in Standard 90.1– 

2013 are identified and further 

evaluated in the supplementary 

technical support documents. 

The Responsible Energy Codes 

Alliance (RECA) submitted a written 

document (Docket No. EERE–2014–BT– 

DET–0009–0003) containing five 

comments. In its first comment, RECA 

encourages the Department to provide 

an itemized comparison between 

Standard 90.1 and the IECC. DOE has 

previously conducted this type of 

additional analysis as technical 

assistance for States and adopting 

localities in understanding the 

provisions of the respective editions of 

Standard 90.1 and the IECC. DOE 

acknowledges the comparison between 

Standard 90.1 and the IECC as an 

important resource for States. In line 

with historical practice, and as budgets 

allow, DOE may prepare such a 

comparison for Standard 90.1–2013 and 

the 2015 IECC commercial provisions. 

RECA encourages the Department to 

quickly finalize this Determination. 

DOE understands the importance of 

fulfilling its directives in a timely 

manner, and intends to complete its 

determination within the statutory 

timeline set forth in 42 U.S.C. 

6833(b)(2)(A). In its third comment, 

RECA strongly encourages the 

Department to provide resources to 

improve the overall compliance rates 

with commercial energy codes, as well 

as compliance with specific sections. 

DOE recognizes the significant energy 

savings potential associated with 

ensuring code-intended energy savings, 

and acknowledges the importance of 

resources to improve compliance rates. 

In a continuing effort, DOE intends to 

provide technical assistance in the form 

of training materials and support for 

commercial codes in order to improve 

compliance rates. DOE also recently 

issued a Funding Opportunity 

Announcement (FOA) for improving 

residential energy code compliance, 

and, in the future, will investigate 

means of providing additional support 

pertaining to commercial energy codes. 

In its fourth comment, RECA does not 

believe that DOE may consider costeffectiveness as part of its determination 

process, but does believe that DOE 

should provide cost-effectiveness 

analyses to States. As DOE has stated in 

its Notice of Preliminary Determination, 

it did not evaluate cost-effectiveness as 

part of its energy savings determination. 

However, DOE intends to continue 

providing national and state-level costeffectiveness analyses as technical 

assistance to States, as has been 

completed in the past for Standard 

90.1–2010 at http://www.energycodes.

gov/development/commercial/cost_

effectiveness. In its fifth comment, 

RECA believes the DOE costeffectiveness methodology is a 

reasonable compromise representing 

diverse stakeholder interests, and that 

the Department should maintain the 

same methodology for Standard 90.1– 

2013 and the 2015 IECC. DOE also 

acknowledges RECA’s previous 

comments on the cost-effectiveness 

methodology in Docket No. EERE–2011– 

BT–BC–0046. In response, DOE intends 

to continue to use its current costeffectiveness methodology for analysis 

of Standard 90.1–2013. In addition, DOE 

is looking into the possibility of 

updating its methodology for evaluating 

the cost-effectiveness of building energy 

codes through a public request for 

information in the coming months, and 

to be used in analyzing future building 

energy codes and standards. DOE may 

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57902 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

4Halverson et al., ANSI/ASHRAE/IES Standard 

90.1–2013 Determination of Energy Savings: 

Qualitative Analysis (PNNL, Richland, WA (US), 

July 2014), available at http://www.pnnl.gov/main/ 

publications/external/technical_reports/pnnl23481.pdf. 

issue a request for information prior to 

finalizing the new methodology. 

The Edison Electric Institute (EEI) 

submitted a written document (Docket 

No. EERE–2014–BT–DET–0009–0004) 

containing three comments. In its first 

comment, EEI suggests DOE should only 

use site energy and energy cost results 

in its determination on Standard 90.1– 

2013, and that source energy results 

should not be used. DOE notes that EEI 

submitted a similar comment on the 

Notice of Preliminary Determination for 

Standard 90.1–2010. DOE considered 

the comment again and is again 

rejecting the comment. DOE continues 

to believe that, in addition to the site 

metric, source energy estimates are 

important to the discussion of global 

resources and environmental issues. In 

its second comment, EEI suggests energy 

savings from new or updated Federal 

appliance and equipment standards 

should be incorporated into the 

determination on Standard 90.1–2013. 

DOE notes that EEI submitted a similar 

comment on the Notice of Preliminary 

Determination for Standard 90.1–2010. 

DOE considered the comment again and 

is again rejecting the comment. Many 

appliance and equipment standards are 

not established directly within Standard 

90.1, but rather are established by the 

Federal government. For this reason, 

DOE continues to believe that energy 

savings resulting from new or updated 

Federal standards should not be 

incorporated into its determinations. In 

its third comment, EEI suggests that 

value associated with primary energy 

for electricity is overstated based on 

four specific reasons: (1) DOE 

considered only commercial customers, 

not residential and industrial customers; 

(2) the EIA fossil fuel heat rate is too 

high; (3) on-site renewable energy is 

included in EIA’s data and that inflates 

the primary energy data; and (4) 

estimates of primary energy values 

should look forward not backward. DOE 

notes that EEI submitted a similar 

comment on the Notice of Preliminary 

Determination for Standard 90.1–2010. 

DOE considered the comment again and 

is again rejecting the comment because 

DOE continues to believe that its use of 

EIA data, conversion factors, and 

treatment of renewable energy is 

appropriate. 

In its Notice of Preliminary 

Determination, DOE expressed interest 

in receiving stakeholder feedback on the 

Department’s practice of providing costeffectiveness analysis to support State 

energy code adoption. DOE has issued 

past requests to guide the Department in 

establishing an appropriate 

methodology for evaluating the cost 

effectiveness of building energy codes 

(78 FR 47677), and expects to update 

this method to ensure its assumptions 

and economic criteria remain valid and 

adequate for States considering 

adoption of model building energy 

codes. During the public comment 

period, DOE did not receive any 

comments (i.e., outside of factors 

acknowledged above) on the overall 

costs and benefits associated with 

building energy codes. In the coming 

months, DOE intends to issue a public 

request for information to update its 

cost-effectiveness analysis methodology, 

and in preparation to continue 

providing such technical analysis and 

assistance to States implementing 

building energy codes. 

III. Methodology 

Overview of Methodology 

The analysis methodology used by 

DOE contains both qualitative and 

quantitative components. A qualitative 

comparison is undertaken to identify 

textual changes between requirements 

in Standard 90.1–2013 and Standard 

90.1–2010, followed by a quantitative 

assessment of energy savings conducted 

through whole-building simulations of 

buildings constructed to meet the 

minimum requirements of each 

Standard over the range of U.S. 

climates. A discussion of the analysis 

methodology, which was developed 

through public comment in past DOE 

determinations, can be found in the 

Notice of Preliminary Determination for 

Standard 90.1–2007 (75 FR 54117) and 

Notice of Preliminary Determination for 

Standard 90.1–2010 (76 FR 43298). 

Consistent with its previous 

determinations, DOE compared overall 

editions of Standard 90.1. DOE 

interprets the language in Section 

304(b)(2) of ECPA to mean that when a 

comprehensive revision of the ASHRAE 

Standard is published (which in this 

case is ASHRAE Standard 90.1–2013), 

then that revised or successor Standard 

triggers the Secretary’s obligation to 

issue a determination as to whether the 

revised Standard improves energy 

efficiency in commercial buildings. (See 

42 U.S.C. 6833(b)(2)(A)) This 

determination is made by comparing the 

revised or successor Standard to the last 

predecessor Standard. While the 

continuous addenda review and update 

process is part of the ongoing 

maintenance of the Standard, DOE does 

not interpret each addendum update 

after the release of the full standard as 

an additional ‘‘revised or successor 

standard’’ requiring a determination by 

the Secretary. 

IV. Summary of Findings 

In performing its determination, DOE 

performed both a qualitative and 

quantitative analysis of the 

requirements contained in Standard 

90.1–2013. The chosen methodology for 

these analyses is consistent with recent 

determinations actions, and provides a 

reasonable assessment of how the 

Standard will impact energy savings in 

commercial buildings. A summary of 

the analyses supporting DOE’s 

determination is outlined in the 

following sections. 

Qualitative Analysis 

DOE performed a comparative 

analysis of the textual requirements of 

Standard 90.1–2013, examining the 

specific changes (addenda) made 

between Standard 90.1–2010 and 

Standard 90.1–2013. ASHRAE publishes 

changes to its standards as individual 

addenda to the preceding Standard, and 

then bundles all addenda together to 

form the next published edition. In 

creating the 2013 edition, ASHRAE 

processed 110 total addenda. DOE 

evaluated each of these addenda in 

preparing its determination of energy 

savings. 

Overall, DOE found that the vast 

majority of changes in creating Standard 

90.1–2013 were positive (i.e., increased 

energy savings) or neutral (i.e., no direct 

impact on energy savings). Positive 

changes significantly outweigh any 

changes with a negative effect on energy 

efficiency in commercial buildings. Of 

the 110 total changes: 

• 52 were considered positive; 

• 53 were considered neutral; and 

• 5 were considered negative. 

Table IV.1 presents the findings 

resulting from the qualitative analysis, 

along with a description of the change, 

as well as an assessment of the 

anticipated impact on energy savings in 

commercial buildings. The full 

qualitative analysis is presented in a 

separate technical support document 

(TSD),4 available at http://www.

energycodes.gov/regulations/

determinations. 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57903 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS

Number 

Addendum to 

standard 90.1– 

2010 5

Sections affected 

within the standard Description of changes Impact on energy efficiency (justification) 

1 ................... 90.1–2010a ...... 10. Other Equipment 

and 12. Normative 

References.

Specifies that nominal efficiencies for motors are required to 

be established in accordance with 10 CFR 431 instead of 

National Electrical Manufacturers Association (NEMA) 

Standards. Modifies the footnotes to Tables 10.8A, 10.8B, 

10.8C (now Tables 10.8–1, 10.8–2, and 10.8–3 in Standard 

90.1–2013). The corresponding reference for 10 CFR 431 

has also been added.

Neutral (simply 

specifies alternate 

rating standard). 

2 ................... 90.1–2010b ...... 10. Other Equipment 

and 12. Normative 

References.

Requires escalators and moving walks to automatically slow 

when not conveying passengers. The corresponding reference to American Society of Mechanical Engineers 

(ASME) A17.1/CSA B44 has also been added to the Normative References.

Minor + (reduces escalator and moving walkway energy). 

3 ................... 90.1–2010c ....... Appendix G ............. Adds requirements for laboratory exhaust fans to Section 

G3.1.1, Baseline HVAC System Type and Definition. Lab 

exhaust fans are required to be modeled as constant horsepower, reflecting constant volume stack discharge with outside air bypass.

Neutral (whole building performance 

tradeoff method 

only). 

4 ................... 90.1–2010e ...... Appendix G ............. Updates language in Section G3.1, part 5, ‘‘Building Envelope,’’ to require that existing buildings use the same envelope baseline as new buildings with the exception of fenestration area.Neutral (whole building performance 

tradeoff method 

only). 

5 ................... 90.1–2010f ....... Appendix G ............. Modifies Section G.3.1, ‘‘Building Envelope.’’ Specifies the 

vertical fenestration area for calculating baseline building 

performance for new buildings and additions.

Neutral (whole building performance 

tradeoff method 

only). 

6 ................... 90.1–2010g ...... 6. Heating, Ventilating, and AirConditioning and 

12. Normative 

References.

Adds efficiency requirements for commercial refrigerators, 

freezers, and refrigeration equipment. Table 6.8.1L and 

Table 6.8.1M (now Tables 6.8.1–12 and 6.8.1–13 in Standard 90.1–2013) have been added, which specify the energy 

use limits for refrigerators and freezers. The corresponding 

references have also been added in Chapter 12.

Neutral (adopts Federal standards). 

7 ................... 90.1–2010h ...... 6. Heating, Ventilating, and AirConditioning.Modifies the minimum efficiency standards for water-to-air 

heat pumps (water loop, ground water, and ground loop). 

The proposed cooling energy efficiency ratios (EERs) and 

heating coefficients of performance are more stringent than 

the present values. Also removes the small duct high velocity heat pump product class from Table 6.8.1B (now Table 

6.8.1–2 in Standard 90.1–2013).

Minor + (increases 

stringency of existing requirements). 

8 ................... 90.1–2010i ........ 6. Heating, Ventilating, and AirConditioning and 

3. Definitions.

Increases the minimum efficiency standards for single-package vertical air conditioners (SPVAC) and single-package 

vertical heat pumps (SPVHP). Also creates a new product 

class for SPVAC and SPVHP used in space-constrained applications. This new product class only applies to nonweatherized products with cooling capacities <36,000 British 

thermal units per hour (Btu/h) and intended to replace an 

existing air-conditioning (AC) unit.

Minor + (increases 

stringency of existing requirements). 

9 ................... 90.1–2010j ........ 6. Heating, Ventilating, and AirConditioning.Modifies the minimum efficiency requirements of evaporatively 

cooled units, of size category 240,000 Btu/h to 760,000 Btu/

h and heating type-other, in Table 6.8.1A (now Table 6.8.1– 

1 in Standard 90.1–2013). The value is reduced to account 

for increased pressure drop in such system types. The product class, small duct high velocity air conditioner, has been 

eliminated.

Minor—(due to correction of an error 

in the previous 

Standard). 

10 ................. 90.1–2010k ....... 8. Power and 12. 

Normative References.

Modifies notes to Table 8.1 and specifies that nominal efficiencies would be established in accordance with the 10 

CFR 431 test procedure for low-voltage dry-type transformers. The corresponding references have also been 

added in Chapter 12.

Neutral (simply 

specifies alternative rating 

standard). 

11 ................. 90.1–2010l ........ 6. Heating, Ventilating, and AirConditioning.Clarifies fan power limitations contained in Standard 90.1– 

2010 that required the user to perform calculations for fan 

brake horsepower (bhp) even if the simplified nameplate 

horsepower (hp) option was being used.

Neutral (editorial 

correction). 

12 ................. 90.1–2010m ..... 9. Lighting ............... Adds some control requirements for lighting alterations, for interior and exterior applications. Adds a section for submittals 

and includes loading docks as a tradable surface. Modifies 

the provisions for additional interior lighting power, which 

would now be calculated on the basis of controlled wattage.

Major + (adds control requirements 

for lighting alterations). 

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57904 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Number 

Addendum to 

standard 90.1– 

2010 5

Sections affected 

within the standard Description of changes Impact on energy efficiency (justification) 

13 ................. 90.1–2010n ...... 10. Other Equipment Clarifies that the total lumens per watt for the entire elevator 

cab is required to meet the efficiency requirement and that 

each individual light source is not required to meet the 

lumens per watt value.

Neutral (clarification 

only). 

14 ................. 90.1–2010o ...... 5. Building Envelope 

and 3. Definitions.

Adds the definition for sectional garage doors. Also modifies 

Section 5.4.3.2 (d), ‘‘fenestration air leakage provisions for 

doors,’’ to include requirements for glazed sectional garage 

doors.

Minor + (reduces air 

leakage in glazed 

sectional garage 

doors). 

15 ................. 90.1–2010p ...... 5. Building Envelope 

and 12. Normative 

References.

Modifies Section 5.5.3.1 and requires roof solar reflectance 

and thermal emittance testing to be in accordance with Cool 

Roof Rating Council (CRRC)–1 Standard. Also modifies 

Section 12 by adding the reference for CRRC.

Neutral (simply 

specifies an alternative rating 

standard). 

16 ................. 90.1–2010q ...... 3. Definitions, 5. 

Building Envelope, 

and 12. Normative 

References.

Modifies Section 3 by changing the definition of dynamic glazing to include glazing systems or infill as well as shading 

systems between glazing layers and chromogenic glazing. 

Also modifies Section 5.8.2.2 by clarifying the requirements 

for labeling of fenestration and door products. The corresponding references to National Fenestration Rating 

Council (NFRC) in Chapter 12 have also been updated.

Neutral (clarification 

only). 

17 ................. 90.1–2010r ....... Appendix G and 12. 

Normative References.

Clarifies the requirements related to temperature and humidity 

control in Appendix G and relocates all related wording to 

the ‘‘Schedules’’ section of Table 3.1. Additionally, clarity is 

provided for modeling systems that provide occupant thermal comfort via means other than directly controlling the air 

dry-bulb and wet-bulb temperature (i.e., radiant cooling/heating, elevated air speed, etc.). Permits the use of ASHRAE 

Standard 55 for calculation of Predicted Mean Vote-Predicted Percentage Dissatisfied (PMV–PPD). Also updates 

the Normative References by including a reference to 

ASHRAE Standard 55–2010.

Neutral (whole building performance 

tradeoff method 

only). 

18 ................. 90.1–2010s ....... 6. Heating, Ventilating, and AirConditioning.Modifies the requirement for the static pressure sensor location and the control requirements for setpoint reset for systems with direct digital control (DDC) of individual zones. 

Ensures that savings from previously required static pressure reset will be realized.

Minor + (ensures 

savings from static 

pressure reset are 

achieved). 

19 ................. 90.1–2010u ...... 6. Heating, Ventilating, and AirConditioning, 3. 

Definitions, and 

12. Normative 

References.

Adds new definition as Fan Efficiency Grade (FEG) and requires each fan have a FEG of 67 or higher as defined by 

Air Movement and Control Association (AMCA) 205–10, 

‘‘Energy Efficiency Classification for Fans’’.

Major + (applies new 

requirements to 

individual fans). 

20 ................. 90.1–2010v ....... 8. Power .................. Clarifies the requirement for controlled receptacles in open offices applications by changing the requirement to the 

workstations themselves. Also requires the automatically 

controlled receptacles to be appropriately identified for the 

user’s benefit.

Neutral (clarification 

only). 

21 ................. 90.1–2010w ...... 3. Definitions, 11. 

Energy Cost 

Budget Method, 

and Appendix G.

Adds definitions for on-site renewable energy and purchased 

energy. Clarifies the process for accounting for on-site renewable energy and purchased energy as well as calculating the annual energy costs in the ECB approach and Appendix G.

Neutral (whole building performance 

tradeoff method 

only). 

22 ................. 90.1–2010y ....... 3. Definitions and 

10. Other Equipment.

Revises the definitions of general purpose electric motors 

(subtype I & II) based on information from NEMA. Also updates the Standard to include the new Federal energy efficiency standards used in HVAC equipment, to be in effect 

from 2015. Adds Table 10.8D (now Table 10.8–4 in Standard 90.1–2013), which specifies minimum average full-load 

efficiency for Polyphase Small Electric Motors; and Table 

10.8E (now Table 10.8–5 in Standard 90.1–2013), which 

specifies minimum average full-load efficiency for CapacitorStart Capacitor-Run and Capacitor-Start Induction-Run 

Small Electric Motors.

Neutral (adopts Federal standards). 

23 ................. 90.1–2010z ....... 6. Heating, Ventilating, and AirConditioning.Relocates the requirements for water economizers into the 

main economizer section, Section 6.5.1.5.

Neutral (editorial 

only). 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57905 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Number 

Addendum to 

standard 90.1– 

2010 5

Sections affected 

within the standard Description of changes Impact on energy efficiency (justification) 

24 ................. 90.1–2010aa .... 6. Heating, Ventilating, and AirConditioning and 

3. Definitions.

Eliminates the contingency on DDC system existence for setpoint overlap restrictions, humidification and 

dehumidification controls, variable air volume (VAV) fan control setpoint reset, multiple-zone VAV system ventilation optimization control, hydronic system differential pressure reset 

by valve position. Instead specifies for what system types or 

sizes DDC is required in new buildings and alterations. Also 

specifies minimal functional requirements for DDC systems. 

(Prior to this addendum certain controls requirements were 

only required when the controls were provided by a DDC 

system).

Minor + (requires 

additional HVAC 

controls). 

25 ................. 90.1–2010ad .... 12. Normative References.Adds reference to specific addenda to Air-Conditioning, Heating, and Refrigeration Institute (AHRI) standards 340/360 

and 1230 being referenced.

Neutral (updates references only). 

26 ................. 90.1–2010ae .... 12. Normative References.Adds reference to specific addenda to AHRI standards 210/

240 and 550/590 being referenced.

Neutral (updates references only). 

27 ................. 90.1–2010af ..... 6. Heating, Ventilating, and AirConditioning.Modifies heat rejection equipment (cooling tower) requirements to require that variable speed drive controlled fans 

operate all fans at the same speed instead of sequencing 

them, and require that open-circuit towers with multiple cells 

operate all cells in parallel down to 50% of design flow.

Minor + (reduces 

cooling tower energy usage). 

28 ................. 90.1–2010ag .... Appendix G and 12. 

Normative References.

Establishes a method for gaining credit in Appendix G for 

buildings that undergo whole building air leakage testing to 

demonstrate that they have an airtight building.

Neutral (whole building performance 

tradeoff method 

only). 

29 ................. 90.1–2010ah .... Appendix G ............. Sets system sizing requirements in Appendix G for humid climates based on humidity ratio instead of supply air temperature differential. Sets baseline system dehumidification 

requirements.

Neutral (whole building performance 

tradeoff method 

only). 

30 ................. 90.1–2010ai ...... Appendix G ............. Modifies Appendix G to account for three prescriptive addenda 

that were incorporated into Standard 90.1–2010, but did not 

make it into Appendix G in time for publication. Updates 

economizer requirements to match addendum cy, establishes baseline transformer efficiency requirements to match 

addendum o, and establishes path A for centrifugal chiller 

baselines from addendum m.

Neutral (whole building performance 

tradeoff method 

only). 

31 ................. 90.1–2010aj ...... 6. Heating, Ventilating, and AirConditioning.Requires fractional horsepower motors ≥1/12 hp to be electronically commutated motors or have a minimum 70% efficiency in accordance with 10 CFR 431. Also requires adjustable speed or other method to balance airflow.Minor + (reduces 

fractional horsepower motor energy usage). 

32 ................. 90.1–2010al ...... Appendix G ............. Establishes a consistent fuel source for space heating for 

baseline systems based on climate zone. Establishes a consistent fuel source for service water heating (SWH) based 

on building type.

Neutral (whole building performance 

tradeoff method 

only). 

33 ................. 90.1–2010am ... 6. Heating, Ventilating, and AirConditioning.Establishes minimum turndown for boilers and boiler plants 

with design input power of at least 1,000,000 Btu/h.

Major + (reduces energy usage for 

large boilers). 

34 ................. 90.1–2010an .... Appendix C ............. Rewrites entire Appendix C to use a simulation based approach for envelope tradeoffs.Neutral (alternative 

compliance method only). 

35 ................. 90.1–2010ap .... 6. Heating, Ventilating, and AirConditioning and 

3. Definitions.

Adds power usage effectiveness (PUE) as an alternative compliance methodology for data centers.Neutral (alternative 

compliance method only). 

36 ................. 90.1–2010aq .... 6. Heating, Ventilating, and AirConditioning and 

11. Energy Cost 

Budget.

Expands the requirements for fan speed control for both 

chilled water and unitary direct expansion systems. In addition enhances the requirements for integrated economizer 

control and defines direct expansion unit capacity staging 

requirements.

Major + (reduces fan 

energy usage). 

37 ................. 90.1–2010ar ..... 6. Heating, Ventilating, and AirConditioning and 

3. Definitions.

Adds mandatory and prescriptive requirements for walk-in 

coolers and freezers and refrigerated display cases.

Neutral (adopts Federal standards). 

38 ................. 90.1–2010as ..... 6. Heating, Ventilating, and AirConditioning.Requires humidifiers mounted in the airstream to have an 

automatic control valve shutting off preheat when humidification is not required, and insulation on the humidification 

system dispersion tube surface. (Avoidance of simultaneous 

heating and cooling at air-handling unit).

Minor + (reduces humidification energy 

usage). 

mstockstill on DSK4VPTVN1PROD with NOTICES

57906 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Number 

Addendum to 

standard 90.1– 

2010 5

Sections affected 

within the standard Description of changes Impact on energy efficiency (justification) 

39 ................. 90.1–2010at ..... 3. Definitions, 5. 

Building Envelope, 

and 9. Lighting.

Deletes the term ‘‘clerestory’’ and instead adds ‘‘roof monitor’’ 

and clarifies the definition. Changes the references in Chapters 5 and 9 from clerestory to roof monitor.

Neutral (clarification 

only). 

40 ................. 90.1–2010au .... 6. Heating, Ventilating, and AirConditioning.Modifies Table 6.5.3.1.1B, which addresses fan power limitation pressure drop adjustment credits. Deductions from allowed fan power are added for systems without any central 

heating or cooling as well as systems with electric resistance heating. Sound attenuation credit is modified to be 

available only when there are background noise criteria requirements.

Minor + (restricts 

sound attenuation 

credit and adds 

deductions for certain systems). 

41 ................. 90.1–2010av ..... 6. Heating, Ventilating, and AirConditioning.Modifies Section 6.5.1, exception k, applicable to Tier IV data 

centers, to make economizer exceptions more stringent and 

in agreement with ASHRAE TC 9.9.

Minor + (reduces 

number of exceptions). 

42 ................. 90.1–2010aw .... 11. Energy Cost 

Budget and Appendix G.

Updates the reference year for ASHRAE Standard 140 and 

exempts software used for ECB and Appendix G compliance from having to meet certain sections of ASHRAE 

Standard 140.

Neutral (whole building performance 

tradeoff method 

only). 

43 ................. 90.1–2010ax ..... Appendix G ............. Modifies Table G3.1, Part 14 of Appendix G to exclude the 

condition that permits a building surface, shaded by an adjacent structure, to be simulated as north facing if the simulation program is incapable of simulating shading by adjacent 

structures.

Neutral (whole building performance 

tradeoff method 

only). 

44 ................. 90.1–2010ay ..... 3. Definitions and 9. 

Lighting.

Modifies daylighting requirements. Modifies definitions for daylight area under skylights, daylight area under roof monitors, 

primary sidelight area, and secondary sidelight area. 

Changes the criterion for applying automatic daylighting 

control for sidelighting and toplighting to a controlled lighting 

power basis and provides characteristics for the required 

photo controls. Adds control requirements for secondary 

sidelighted areas. Modifies Table 9.6.2 to include continuous 

dimming in secondary sidelighted areas, which is now 

based on an installed wattage rather than area of the space. 

Eliminates the need for effective aperture calculation.

Minor + (requires 

additional controls). 

45 ................. 90.1–2010az ..... 6. Heating, Ventilating, and AirConditioning.Increases the minimum efficiency of open circuit axial fan 

cooling towers. An additional requirement has been added 

for all types of cooling towers which states that the minimum 

efficiency requirements applies to the tower including the 

capacity effect of accessories which affect thermal performance. An additional footnote clarifies that the certification requirements do not apply to field erected cooling towers.

Minor + (increase efficiency of cooling 

towers). 

46 ................. 90.1–2010ba .... 6. Heating, Ventilating, and AirConditioning.Adds requirements for door switches to disable or reset mechanical heating or cooling when doors without automatic 

door closers are left open.

Minor + (reduces 

heating and cooling when doors 

are left open). 

47 ................. 90.1–2010bb .... 3. Definitions, 5. 

Building Envelope, 

11. Energy Cost 

Budget Method, 

and Appendix A.

Modifies the building envelope requirements for opaque assemblies and fenestration in tables 5.5.1 through 5.5.8. 

Adds and modifies text in Section 5. Adds new visible transmittance (VT) requirement through Section 5.5.4.5. Also updates the NFRC 301 reference, references in Section 11, 

and modifies two metal building roof assemblies in Table 

A2.3.

Major + (increases 

stringency of 

building envelope 

requirements). 

48 ................. 90.1–2010bc ..... 9. Lighting ............... Modifies requirements for automatic lighting control for guestroom type spaces. Exceptions to this requirement are lighting and switched receptacles controlled by captive key systems.Minor + (requires 

automatic control 

of lighting and 

switched receptacles in hotel 

rooms). 

49 ................. 90.1–2010bd .... 9. Lighting ............... Adds more specific requirements for the functional testing of 

lighting controls, specifically, occupancy sensors, automatic 

time switches, and daylight controls.

Minor + (improves 

functional testing 

of lighting controls). 

50 ................. 90.1–2010be .... 9. Lighting ............... Makes minor revisions to Section 9.7.2.2, which addresses the 

scope of the operating and maintenance manuals required 

for lighting equipment and controls.

Neutral (clarification 

only). 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57907 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Number 

Addendum to 

standard 90.1– 

2010 5

Sections affected 

within the standard Description of changes Impact on energy efficiency (justification) 

51 ................. 90.1–2010bf ..... 8. Power .................. Addresses Section 8.4.2 on automatic receptacle control and 

increases the spaces where plug shutoff control is required. 

Clarifies the application of this requirement for furniture systems, lowers the threshold for turn off from 30 to 20 minutes, states a labeling requirement to distinguish controlled 

and uncontrolled receptacles and restricts the use of plug-in 

devices to comply with this requirement.

Minor + (reduces 

plug loads). 

52 ................. 90.1–2010bg .... 5. Building Envelope Adds low-emissivity (low-E) requirements for storm window 

retrofits.

Minor + (requires 

low-E storm windows in retrofits). 

53 ................. 90.1–2010bh .... 9. Lighting ............... Modifies Table 9.6.1 Space-By-Space Lighting Power Density 

allowance.

Minor + (overall 

lighting power 

densities are reduced). 

54 ................. 90.1–2010bi ...... 6. Heating, Ventilating, and AirConditioning.Increases seasonal energy efficiency ratio and heating seasonal performance factor for air-cooled commercial air conditioners and heat pumps below 65,000 Btu/h. (Effective 1/1/

2015).

Minor + (increases 

stringency of existing requirements). 

55 ................. 90.1–2010bj ...... 6. Heating, Ventilating, and AirConditioning.Re-establishes the product class for small duct high velocity 

air conditioners and heat pumps. Adds efficiency requirements for systems at <65.000 Btu/h below level of current 

Federal standards.

Neutral (re-establishes efficiency 

requirements that 

do not meet the 

level of Federal 

standards). 

56 ................. 90.1–2010bk ..... 6. Heating, Ventilating, and AirConditioning.Increases cooling efficiency for packaged terminal air conditioners.Minor + (increases 

stringency of existing requirements). 

57 ................. 90.1–2010bl ...... 11. Energy Cost 

Budget and Appendix G.

Provides rules for removing fan energy from efficiency metrics 

when modeling in ECB or Appendix G.

Neutral (whole building performance 

tradeoff method 

only). 

58 ................. 90.1–2010bn .... 8. Power and 10. 

Other Equipment.

Establishes electric and fuel metering requirements ................. Neutral (metering by 

itself does not 

save energy). 

59 ................. 90.1–2010bo .... 7. Service Water 

Heating.

Requires buildings with SWH capacity ≥1million Btu/h to have 

average thermal efficiency of at least 90%. Updates Table 

7.8 to reflect Federal requirements for electric water heaters. Updates the reference standard for swimming pool 

water heaters to ASHRAE Standard 146.

Minor + (requires 

large new gas 

SWH systems to 

have higher average efficiency). 

60 ................. 90.1–2010bp .... 6. Heating, Ventilating, and AirConditioning and 

12. Normative 

References.

Adds efficiency requirements (Btu/h-hp) to Table 6.8.1G (now 

Table 6.8.1–7 in Standard 90.1–2013) for evaporative condensers with ammonia refrigerants.

Minor + (adds efficiency requirements for new 

products). 

61 ................. 90.1–2010bq .... 6. Heating, Ventilating, and AirConditioning and 

3. Definitions.

Adds prescriptive requirements for the efficiency and improved 

control of commercial refrigeration systems.

Major + (adds new 

efficiency requirements for commercial refrigeration). 

62 ................. 90.1–2010br ..... 10. Other Equipment Updates motor efficiency tables ................................................. Neutral (implements 

Federal standards). 

63 ................. 90.1–2010bs ..... 6. Heating, Ventilating, and AirConditioning.Reduces occupancy threshold for demand controlled ventilation from greater than 40 people per 1000 ft2 to equal to or 

greater than 25 people per 1000 ft2 with exemptions for certain occupancies.

Minor + (reduces 

ventilation energy 

usage). 

64 ................. 90.1–2010bt ..... 6. Heating, Ventilating, and AirConditioning.Reduces the system size and outdoor air thresholds at which 

energy recovery is required. (Relaxed in some climate 

zones.).

Minor + (expands 

the use of exhaust 

air energy recovery to lower percent outdoor air). 

65 ................. 90.1–2010bv ..... 5. Building Envelope Reduces the area threshold at which skylights and daylighting 

controls are required.

Minor + (reduces 

lighting energy 

usage). 

66 ................. 90.1–2010bw .... 5. Building Envelope 

and 11. Energy 

Cost Budget 

Method.

Modifies orientation requirements and adds solar heat gain coefficient tradeoff.Minor + (provides 

design flexibility). 

mstockstill on DSK4VPTVN1PROD with NOTICES

57908 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Number 

Addendum to 

standard 90.1– 

2010 5

Sections affected 

within the standard Description of changes Impact on energy efficiency (justification) 

67 ................. 90.1–2010bx ..... 9. Lighting ............... Clarifies exceptions to occupancy sensor requirements ............ Neutral (clarification 

only). 

68 ................. 90.1–2010by ..... 9. Lighting ............... Significantly modifies the way requirements are presented in 

Section 9. Requires the use of certain lighting controls in 

more space types. Reduces the amount of time after occupants vacate a space for lights to be automatically reduced 

or shut off. Establishes table of lighting controls applicable 

to each space type.

Major + (requires 

more controls in 

more spaces and 

reduces time to 

reduction or shutoff). 

69 ................. 2007 90.1bz ..... 8. Power .................. Adds a Section 8.4.2, which specifies requirements for installation of basic electrical metering of major end uses (total 

electrical energy, HVAC systems, interior lighting, exterior 

lighting and receptacle circuits) to provide basic reporting of 

energy consumption data to building occupant.

Neutral (metering by 

itself does not 

save energy). 

70 ................. 90.1–2010ca ..... 6. Heating, Ventilating, and AirConditioning.Adds control requirements for heating systems in vestibules ... Minor + (reduces 

vestibule heating 

energy usage). 

71 ................. 90.1–2010cb ..... 6. Heating, Ventilating, and AirConditioning.Revises night setback requirements to a reset of 10 °F heating 

and 5 °F cooling and removes exceptions for climate zones. 

Changes optimum start requirement from >10,000 cubic feet 

per minute to any DDC system and adds a requirement that 

outside air temperature be used in optimum algorithms.

Minor + (expands 

heating and cooling setbacks). 

72 ................. 90.1–2010cc ..... 6. Heating, Ventilating, and AirConditioning.Adds efficiency requirements (Btu/h-hp) to Table 6.8.1G (now 

Table 6.8.1–7 in Standard 90.1–2013) for evaporative condensers with R–507A.

Minor + (adds efficiency requirements for new 

products). 

73 ................. 90.1–2010cd ..... 6. Heating, Ventilating, and AirConditioning, 7. 

Service Water 

Heating, and 3. 

Definitions.

Provides definition for ‘‘piping’’ to include all accessories in series with pipe such as pumps, valves, strainers, air separators, etc. This is meant to clarify that these accessories 

need to be insulated.

Neutral (editorial 

only). 

74 ................. 90.1–2010ce ..... Appendix G ............. Establishes a baseline system type for retail occupancies less 

than three stories in Appendix G.

Neutral (whole building performance 

tradeoff method 

only). 

75 ................. 90.1–2010cf ...... Appendix G ............. Establishes baseline window-to-wall ratio in Appendix G for 

strip malls.

Neutral (whole building performance 

tradeoff method 

only). 

76 ................. 90.1–2010cg ..... 11. Energy Cost 

Budget and Appendix G.

Modifies the simulation requirements for modeling mandatory 

automatic daylighting controls as well as automatic lighting 

controls. Also modifies the simulation requirements for automatic lighting controls in the proposed design, beyond the 

minimum mandatory requirements. Table G3.2, which provided power adjustment percentages for automatic lighting 

controls, has been deleted and savings through automatic 

control devices are now required to be modeled in building 

simulation through schedule adjustments for the proposed 

design or by lighting power adjustments defined in Table 

9.6.3.

Neutral (whole building performance 

tradeoff method 

only). 

77 ................. 90.1–2010ch ..... 6. Heating, Ventilating, and AirConditioning.Increases air- and water-cooled chiller efficiencies in Table 

6.8.1C (now Table 6.8.1–3 in Standard 90.1–2013). Exempts water-cooled positive displacement chillers with leaving condenser temperature ≥115 °F (typically heat reclaim 

chillers).

Minor + (increases 

stringency of existing requirements). 

78 ................. 90.1–2010ci ...... 3. Definitions, 11. 

Energy Cost 

Budget, and Appendix G.

Modifies requirements for the cooling tower fans in Chapter 11 

baseline simulations, from two-speed to variable speed. A 

formula has been specified to calculate the condenser water 

design supply temperature. Similar revisions have been 

made to Appendix G for the cooling tower requirements. 

Definitions for cooling design wet-bulb temperature and 

evaporation design wet-bulb temperature have been added 

to Chapter 3.

Neutral (whole building performance 

tradeoff method 

only). 

79 ................. 90.1–2010cj ...... Appendix G ............. Creates modeling rules for computer rooms in Appendix G ..... Neutral (whole building performance 

tradeoff method 

only). 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57909 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Number 

Addendum to 

standard 90.1– 

2010 5

Sections affected 

within the standard Description of changes Impact on energy efficiency (justification) 

80 ................. 90.1–2010ck ..... 6. Heating, Ventilating, and AirConditioning.Requires VAV dual maximum damper position when DDC system is present and clarifies dual maximum sequence.Minor + (requires 

dual maximum 

control for VAV 

zones with DDC. 

81 ................. 90.1–2010cl ...... 6. Heating, Ventilating, and AirConditioning.Increases integrated energy efficiency ratio requirements for 

air-cooled air conditioners and heat pumps and EER requirements for water and evaporatively cooled air conditioners and heat pumps in Tables 6.8.1A and B (now Tables 

6.8.1–1 and 6.8.1–2 in Standard 90.1–2013).

Minor + (increases 

stringency of existing requirements). 

82 ................. 90.1–2010cm .... 5. Building Envelope Clarifies how to interpret the use of dynamic glazing products 

given the requirements in Addendum bb (envelope requirements).

Neutral (clarification 

only). 

83 ................. 90.1–2010cn ..... Appendix G ............. Establishes modeling rules for laboratories with 100% outside 

air in Appendix G.

Neutral (whole building performance 

tradeoff method 

only). 

84 ................. 90.1–2010co ..... 9. Lighting ............... Comprehensive update of LPDs in Table 9.5.1—Building Area 

Method.

Major + (decreases 

LPD in most building types). 

85 ................. 90.1–2010cp ..... 5. Building Envelope Corrects non-residential U-factor and R value requirements for 

steel joist floors in CZ3.

Minor + (increases R 

value requirements for steel 

joist floors). 

86 ................. 90.1–2010cr ..... 9. Lighting and 12. 

Normative References.

Makes a number of adjustments to Table 9.6.1, Space-byspace LPD.Minor + (plus on retail outweighs 

some negatives 

on other building 

types). 

87 ................. 90.1–2010ct ...... Appendix G ............. Identifies heated only storage systems 9 and 10 in Appendix 

G as being assigned one system per thermal zone.

Neutral (whole building performance 

tradeoff method 

only). 

88 ................. 90.1–2010cv ..... Appendix G ............. Establishes baseline system types in Appendix G for Assembly occupancies.Neutral (whole building performance 

tradeoff method 

only). 

89 ................. 90.1–2010cy ..... 6. Heating, Ventilating, and AirConditioning.Reduces the design supply fan air flow rate for which energy 

recovery is required for systems that operate more than 

8,000 hours per year.

Minor + (applies energy recovery requirements to 

smaller fan systems). 

90 ................. 90.1–2010cz ..... 6. Heating, Ventilating, and AirConditioning.Increases boiler efficiency for residential sized (National Appliance Energy Conservation Act covered) equipment, <3,000 

Btu/h.

Neutral (adopts Federal standards). 

91 ................. 90.1–2010da .... 5. Building Envelope Relaxes air leakage requirements for high-speed doors for vehicle access and material transport.Minor—(relaxes air 

leakage requirements for highspeed doors). 

92 ................. 90.1–2010db .... 5. Building Envelope Corrects residential U-factor and R-value requirements for 

steel joist floors in CZ3.

Minor—(relaxes 

steel joist floor requirements in 

CZ3). 

93 ................. 90.1–2010dc ..... 9. Lighting ............... Clarifies automatic lighting and switched receptacle control in 

guest rooms as applied to individual spaces.

Neutral (clarification 

only). 

94 ................. 90.1–2010dd .... 5. Building Envelope 

and 3. Definitions.

Clarifies roof insulation requirements, differentiating between 

roof recovering (on top of existing roof covering) and replacement of roof covering.

Neutral (clarification 

only). 

95 ................. 90.1–2010de .... 6. Heating, Ventilating, and AirConditioning.Relaxes design requirements for waterside economizers for 

computer rooms.

Minor—(relaxes 

economizer requirements for 

computer rooms). 

96 ................. 90.1–2010dg .... 12. Normative References (related 

to 5. Building Envelope).

Updates reference to ANSI/CRRC–l Standard 2012 (cool roof 

ratings).

Neutral (updates references only). 

97 ................. 90.1–2010di ...... 6. Heating, Ventilating, and AirConditioning.Establishes limits on using electric or fossil fuel to humidify or 

dehumidify between 30% and 60% relative humidity except 

certain applications. Requires deadband on humidity controls.

Minor + (reduces humidification energy 

usage). 

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57910 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

5Addenda as designated by ASHRAE and 

included in Standard 90.1–2013. 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Number 

Addendum to 

standard 90.1– 

2010 5

Sections affected 

within the standard Description of changes Impact on energy efficiency (justification) 

98 ................. 90.1–2010dj ...... 9. Lighting ............... Additional lighting power allowance for electrical/mechanical 

rooms made available to match 2010 level provided there is 

separate control for the additional lighting.

Neutral (tradeoff of 

additional lighting 

power for additional control). 

99 ................. 90.1–2010dk ..... 9. Lighting ............... Eliminates the exemption for wattage used in spaces where 

lighting is specifically designed for those with age-related 

eye conditions or other medical conditions related to the 

eye, where special lighting or light levels might be needed.

Minor + (trades blanket exemption for 

more targeted 

LPD increases). 

100 ............... 90.1–2010dl ...... 9. Lighting ............... Modifies hotel and motel guest room LPD ................................. Minor + (new average LPD less than 

previous requirements). 

101 ............... 90.1–2010dm ... 5. Building Envelope Modifies Section 5.4.3.4 for vestibules. Adds a size limit for 

large buildings, exemptions for semi-heated spaces and elevator lobbies in parking garages.

Minor + (reduces 

vestibule energy 

usage). 

102 ............... 90.1–2010dn .... 6. Heating, Ventilating, and AirConditioning.Reduces the limits on hot gas bypass as a means of cooling 

capacity control.

Minor + (reduces hot 

gas bypass). 

103 ............... 90.1–2010do .... 12. Normative References (related 

to 6. Heating, 

Ventilating, and 

Air-Conditioning).

Updates references to AHRI 550, AMCA 500, ANSI Z21.10.3 

and Z21.47, ASHRAE 90.1 and 62.1, NEMA MG 1, and 

NFPA 70 and 96.

Neutral (updates references only). 

104 ............... 90.1–2010dp .... 3. Definitions (related to 6. Heating, Ventilating, 

and Air-Conditioning).

Corrects the definition of walk-in-cooler to be consistent with 

Federal requirements.

Neutral (editorial 

only). 

105 ............... 90.1–2010dq .... 6. Heating, Ventilating, and AirConditioning.Deletes sizing requirements for pipes >24′′ in diameter ............ Minor—(eliminates 

sizing requirements for pipes 

above 24’’ in diameter). 

106 ............... 90.1–2010dr ..... 3. Definitions (related to 5. Building 

Envelope).

Clarifies definition of building entrances to exclude electrical 

room, mechanical rooms, and other utility service entrances.

Neutral (clarification 

only). 

107 ............... 90.1–2010ds ..... 5. Building Envelope 

and 3. Definitions.

Revises the definitions of ‘‘primary sidelighted area,’’ ‘‘secondary sidelighted area,’’ and ‘‘sidelighting effective area’’ to 

use the term ‘‘vertical fenestration’’ instead of ‘‘window’’ to 

clarify that glazed doors and other fenestration products are 

included as well as windows. Additionally, the definition of 

‘‘daylight area under rooftop monitors’’ is corrected to include the spread of light beyond the width of the rooftop 

monitor glazing.

Neutral (editorial 

only). 

108 ............... 90.1–2010dt ..... 9. Lighting ............... Adds exceptions for control of exterior lighting integral to signage. Requires certain types of exterior lighting exempt from 

LPD requirements to be separately controlled.

Minor + (expansion 

of requirement to 

all signage may 

outweigh addition 

of exception). 

109 ............... 90.1–2010dv ..... 6. Heating, Ventilating, and AirConditioning.Establishes chiller and boiler fluid flow isolation requirements 

so there is no flow through the equipment when not in use.

Minor + (reduces off 

hour chiller and 

boiler energy use). 

110 ............... 90.1–2010dw .... 6. Heating, Ventilating, and AirConditioning.Revises high limit shutoff for air economizers. Add sensor accuracy requirements.Minor + (adds sensor accuracy requirements). 

KEY: The following terms are used to 

characterize the effect of individual 

addenda on energy efficiency (as 

contained in the above table): Major + 

indicates that an addendum is 

anticipated to significantly improve 

energy efficiency; Minor + indicates that 

an addendum may improve energy 

efficiency in specific applications, 

Neutral indicates that an addenda is not 

anticipated to impact energy efficiency; 

and Minor – indicates that an addendum 

may increase energy use in certain 

applications. 

Table IV.2 summarizes the overall 

impact of the addenda in the qualitative 

analysis. Overall, the sum of the major 

positive and minor positive addenda 

(i.e., 52 addenda) greatly overwhelms 

the number of minor negative addenda 

(i.e., five addenda), leading to the 

qualitative conclusion that the overall 

impact of the addenda on the Standard 

is positive. 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57911 

6Based on McGraw Hill Construction Projects 

Starts Database; see Weighting Factors for the 

Commercial Building Prototypes Used in the 

Development of ANSI/ASHRAE/IESNA Standard 

90.1–2010 by Jarnagin, RE and GK Bandyopadhyay. 

2010. PNNL–19116, Pacific Northwest National 

Laboratory, Richland, WA. Available at http://

www.pnl.gov/main/publications/external/

technical_reports/PNNL-19116.pdf. 

7Halverson et al., ANSI/ASHRAE/IES Standard 

90.1–2013 Determination of Energy Savings: 

Quantitative Analysis (PNNL, Richland, WA (US), 

July 2014), available at http://www.pnnl.gov/main/ 

publications/external/technical_reports/pnnl23479.pdf. 

TABLE IV.2—OVERALL SUMMARY OF ADDENDA IMPACT IN QUALITATIVE ANALYSIS

Major negative Minor negative Neutral Minor positive Major positive Total 

None ..................................................................................... 5 53 44 8 110 

Quantitative Analysis 

The quantitative analysis of Standard 

90.1–2013 was carried out using wholebuilding energy simulations of buildings 

designed to meet the requirements of 

Standard 90.1–2010 and Standard 90.1– 

2013. DOE simulated 16 representative 

building types across 15 U.S. climate 

locations, with locations selected to be 

representative of all U.S. climate zones, 

as defined by Standard 90.1–2010 and 

Standard 90.1–2013 (climate zone 

criteria unchanged between the 2010 

and 2013 editions). In addition, energy 

use intensities (EUIs) by fuel type and 

by end-use were extracted for each 

building type, and weighted by the 

relative square footage of construction 

(represented by that building type in 

each of the 15 climate regions) based on 

the McGraw Hill Construction (MHC) 

Projects Starts Database.6 The data is 

commonly used by other Federal 

agencies, such as the U.S. Census 

Bureau, the Federal Reserve, and the 

U.S. Department of Health and Human 

Services (HHS), to characterize U.S. 

building construction. In addition, the 

MHC database identifies multi-family 

residential buildings that would be 

covered under the scope of Standard 

90.1. 

EUIs developed for each 

representative building type are 

weighted by total national square 

footage of each representative building 

type to estimate the difference between 

the national energy use in buildings 

constructed to the 2010 and 2013 

editions of Standard 90.1. Note that the 

buildings types used in the quantitative 

analysis reflect approximately 80% of 

the total square footage of commercial 

construction, including multi-family 

buildings greater than three stories that 

are covered within the scope of 

ASHRAE Standard 90.1. 

The quantitative analysis of buildings 

designed to meet the requirements of 

Standard 90.1–2013 indicates national 

primary energy savings of 

approximately 8.5 percent of 

commercial building energy 

consumption (in comparison to 

Standard 90.1–2010). Site energy 

savings over Standard 90.1–2010 are 

estimated to be approximately 7.6 

percent. Using national average fuel 

prices for electricity and natural gas, 

DOE also estimates a reduction in 

energy expenditures of 8.7 percent 

compared to Standard 90.1–2010. 

Table IV.3 and Table IV.4 show the 

energy use and associated savings 

resulting from Standard 90.1–2013 by 

building type and on an aggregated 

national basis. Further details on the 

quantitative analysis can be found in the 

full technical support document (TSD) 7

available at http://www.energycodes.

gov/regulations/determinations. 

TABLE IV.3—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE (STANDARD 90.1–2010) 

Building type Prototype Floor area 

(percent) 

Whole building EUI 

Site EUI 

(kBtu/ft2-yr) 

Source EUI 

(kBtu/ft2-yr) 

ECI 

($/ft2-yr) 

Office ................................................. Small Office ...................................... 5.61 33.0 100.4 $0.99 

Medium Office .................................. 6.05 36.8 105.9 1.03 

Large Office ...................................... 3.33 71.9 210.7 2.06 

Retail ................................................. Stand-Alone Retail ........................... 15.25 53.4 142.9 1.38 

Strip Mall .......................................... 5.67 60.4 164.1 1.58 

Education .......................................... Primary School ................................. 4.99 59.0 151.1 1.44 

Secondary School ............................ 10.36 47.7 130.3 1.26 

Healthcare ......................................... Outpatient Health Care .................... 4.37 120.0 324.3 3.13 

Hospital ............................................ 3.45 131.0 321.1 3.04 

Lodging ............................................. Small Hotel ....................................... 1.72 63.6 148.8 1.40 

Large Hotel ....................................... 4.95 96.7 217.7 2.03 

Warehouse ........................................ Non-Refrigerated Warehouse .......... 16.72 18.2 43.2 0.41 

Food Service ..................................... Fast-Food Restaurant ...................... 0.59 591.5 1051.7 9.27 

Sit-Down Restaurant ........................ 0.66 383.9 742.7 6.69 

Apartment .......................................... Mid-Rise Apartment ......................... 7.32 46.3 131.4 1.28 

High-Rise Apartment ........................ 8.97 50.4 124.9 1.19 

National ...................................... ........................................................... 100 58.5 148.9 1.42 

TABLE IV.4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE (STANDARD 90.1–2013) 

Building type Prototype Floor area 

(percent) 

Whole building EUI 

Site EUI 

(kBtu/ft2-yr) 

Source EUI 

(kBtu/ft2-yr) 

ECI 

($/ft2-yr) 

Office ................................................. Small Office ...................................... 5.61 29.4 89.3 $0.88 

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TABLE IV.4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE (STANDARD 90.1–2013)—Continued 

Building type Prototype Floor area 

(percent) 

Whole building EUI 

Site EUI 

(kBtu/ft2-yr) 

Source EUI 

(kBtu/ft2-yr) 

ECI 

($/ft2-yr) 

Medium Office .................................. 6.05 34.1 97.9 0.95 

Large Office ...................................... 3.33 70.8 205.8 2.01 

Retail ................................................. Stand-Alone Retail ........................... 15.25 45.9 124.6 1.20 

Strip Mall .......................................... 5.67 55.1 147.3 1.42 

Education .......................................... Primary School ................................. 4.99 54.2 134.4 1.28 

Secondary School ............................ 10.36 41.7 111.9 1.08 

Healthcare ......................................... Outpatient Health Care .................... 4.37 115.8 311.8 3.00 

Hospital ............................................ 3.45 123.7 300.7 2.85 

Lodging ............................................. Small Hotel ....................................... 1.72 60.0 137.6 1.29 

Large Hotel ....................................... 4.95 89.0 195.4 1.81 

Warehouse ........................................ Non-Refrigerated Warehouse .......... 16.72 17.1 40.6 0.38 

Food Service ..................................... Fast-Food Restaurant ...................... 0.59 576.4 1001.9 8.78 

Sit-Down Restaurant ........................ 0.66 372.5 713.5 6.41 

Apartment .......................................... Mid-Rise Apartment ......................... 7.32 43.9 124.8 1.21 

High-Rise Apartment ........................ 8.97 46.9 114.4 1.08 

National ...................................... ........................................................... 100 54.1 136.2 1.30 

Table IV.5 presents the estimated 

energy savings (based on percent change 

in EUI) associated with Standard 90.1– 

2013. Overall, the updated Standard is 

expected to increase the energy 

efficiency of commercial buildings, as 

represented in Table IV.5. 

TABLE IV.5—QUANTITATIVE ANALYSIS FINDINGS

Building type Prototype Floor area 

(percent) 

Savings in whole-building EUI 

(percent) 

Site EUI Source EUI ECI 

Office ................................................. Small Office ...................................... 5.61 11.0 11.0 11.0 

Medium Office .................................. 6.05 7.4 7.5 7.5 

Large Office ...................................... 3.33 1.4 2.4 2.5 

Retail ................................................. Stand-Alone Retail ........................... 15.25 13.9 12.8 12.6 

Strip Mall .......................................... 5.67 8.8 10.2 10.5 

Education .......................................... Primary School ................................. 4.99 8.1 11.0 11.5 

Secondary School ............................ 10.36 12.6 14.1 14.4 

Healthcare ......................................... Outpatient Health Care .................... 4.37 3.6 3.9 3.9 

Hospital ............................................ 3.45 5.6 6.4 6.5 

Lodging ............................................. Small Hotel ....................................... 1.72 5.7 7.5 7.9 

Large Hotel ....................................... 4.95 8.0 10.2 10.7 

Warehouse ........................................ Non-Refrigerated Warehouse .......... 16.72 6.0 6.1 6.1 

Food Service ..................................... Fast Food Restaurant ...................... 0.59 2.6 4.7 5.3 

Sit-Down Restaurant ........................ 0.66 3.0 3.9 4.2 

Apartment .......................................... Mid-Rise Apartment ......................... 7.32 5.4 5.1 5.0 

High-Rise Apartment ........................ 8.97 6.9 8.4 8.7 

National ...................................... ........................................................... 100 7.6 8.5 8.7 

V. Determination Statement 

Review and evaluation of the 2010 

and 2013 editions of Standard 90.1 

indicate that there are significant 

differences between the two editions. 

Qualitative analysis of the updated 

Standard reveals that a majority of the 

addenda are anticipated to result in 

significant energy savings. In addition, 

quantitative analysis of the Standard 

indicates source and site energy savings 

of 8.5 percent and 7.6 percent, 

respectively. DOE has rendered the 

conclusion that Standard 90.1–2013 will 

improve energy efficiency in 

commercial buildings, and, therefore, 

receives an affirmative determination 

under Section 304(b) of ECPA. 

VI. State Certification 

Upon publication of this affirmative 

determination, each State is required to 

review and update, as necessary, the 

provisions of its commercial building 

energy code to meet or exceed the 

provisions of the 2013 edition of 

Standard 90.1. (42 U.S.C. 

6833(b)(2)(B)(i)) This action is required 

not later than 2 years from the date the 

final Notice of Determination is 

published in the Federal Register, 

unless an extension is provided. 

State Review & Update 

DOE recognizes that some States do 

not have a State commercial building 

energy code, or have a State code that 

does not apply to all commercial 

buildings. If local building energy codes 

regulate commercial building design 

and construction (rather than a State 

code), the State must review and make 

all reasonable efforts to update, as 

authorized, those local codes to 

determine whether they meet or exceed 

the 2013 edition of Standard 90.1. States 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57913 

8Available at http://www.energycodes.gov/

adoption/states. 

9Available at http://energy.gov/gc/office-generalcounsel. 

may base their certifications on 

reasonable actions by units of generalpurpose local government. Each such 

State must review the information 

obtained from the local governments, 

and gather any additional data and 

testimony in preparing its own 

certification. 

The applicability of any State 

revisions to new or existing buildings 

would be governed by the State building 

codes. States should be aware that the 

DOE considers high-rise (greater than 

three stories) multi-family residential 

buildings as commercial buildings for 

energy code purposes, as is consistent 

with the scope of Standard 90.1. 

Consequently, commercial buildings, for 

the purposes of certification, would 

include high-rise multi-family 

residential buildings, hotels, motels, 

and other transient residential building 

types of any height. 

State Certification Statements 

Section 304(b) of ECPA, as amended, 

requires each State to certify to the 

Secretary of Energy that it has reviewed 

and updated the provisions of its 

commercial building energy code 

regarding energy efficiency to meet or 

exceed the Standard 90.1–2013. (42 

U.S.C. 6833(b)) The certification must 

include a demonstration that the 

provisions of the State’s commercial 

building energy code regarding energy 

efficiency meets or exceeds Standard 

90.1–2013. If a State intends to certify 

that its commercial building energy 

code already meets or exceeds the 

requirements of Standard 90.1–2013, the 

State should provide an explanation of 

the basis for this certification (e.g., 

Standard 90.1–2013 is incorporated by 

reference in the State’s building code 

regulations). The chief executive of the 

State (e.g., the governor), or a designated 

State official (e.g., director of the State 

energy office, State code commission, 

utility commission, or equivalent State 

agency having primary responsibility for 

commercial building energy codes), 

would provide the certification to the 

Secretary. Such a designated State 

official would also provide the 

certifications regarding the codes of 

units of general purpose local 

government based on information 

provided by responsible local officials. 

The DOE Building Energy Codes 

Program tracks and reports State code 

adoption and certifications.8 Once a 

State has adopted a new commercial 

code, DOE typically provides software, 

training, and support for the new code 

as long as the new code is based on the 

national model code (i.e., ASHRAE 

Standard 90.1–2013). DOE has issued 

previous guidance on how it intends to 

respond to technical assistance requests 

related to implementation resources, 

such as building energy code 

compliance software. (79 FR 15112) 

DOE also recognizes that some States 

develop their own codes that are only 

loosely related to the national model 

codes, and DOE does not typically 

provide technical support for those 

codes. However, DOE does provide 

incentive funding (e.g., grants) to these 

States through various means, such as 

the State Energy Program. DOE does not 

prescribe how each State adopts and 

enforces its energy codes. 

Requests for Extensions 

Section 304(c) of ECPA 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; 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. Requests are 

to be sent to the address provided in the 

ADDRESSES section above, or may be 

submitted to BuildingEnergyCodes@

ee.doe.gov. 

VII. Regulatory Review & Analysis 

Review Under Executive Orders 12866 

and 13563 

Today’s action is not a significant 

regulatory action under Section 3(f) of 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735). 

Accordingly, today’s action was not 

reviewed by the Office of Information 

and Regulatory Affairs (OIRA) in the 

Office of Management and Budget 

(OMB). DOE has also reviewed this 

regulation pursuant to Executive Order 

13563, issued on January 18, 2011. (76 

FR 3281). Executive Order 13563 is 

supplemental to and explicitly reaffirms 

the principles, structures, and 

definitions governing regulatory review 

established in Executive Order 12866. 

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), 

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 also made its procedures and 

policies available on the Office of 

General Counsel Web site.9

DOE has reviewed today’s 

determination under the provisions of 

the Regulatory Flexibility Act and the 

procedures and policies published in 

February 2003. As part of this 

determination of improved energy 

efficiency, section 304 of ECPA requires 

States to undertake an assessment of 

their respective building codes. As such, 

the only entities directly regulated by 

this determination would be States. 

DOE does not believe that there will be 

any direct impacts on small entities, 

such as small businesses, small 

organizations, or small governmental 

jurisdictions. 

Based on the foregoing, DOE certifies 

that this determination would not have 

a significant economic impact on a 

substantial number of small entities. 

Accordingly, DOE has not prepared a 

regulatory flexibility analysis for this 

determination. DOE’s certification and 

supporting statement of factual basis 

will be provided to the Chief Counsel 

for Advocacy of the Small Business 

Administration pursuant to 5 U.S.C. 

605(b). 

Review Under the National 

Environmental Policy Act of 1969 

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 is required by 

Title III of ECPA, as amended, which 

provides that whenever the Standard 

90.1–1989, or any successor to that 

code, is revised, the Secretary must 

make a determination, not later than 12 

months after such revision, whether the 

revised code would improve energy 

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57914 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

efficiency in commercial buildings and 

must publish notice of such 

determination in the Federal Register. 

(42 U.S.C. 6833(b)(2)(A)) If the Secretary 

determines that the revision of Standard 

90.1–1989, or any successor thereof, 

improves the level of energy efficiency 

in commercial buildings, then no later 

than 2 years after the date of the 

publication of such affirmative 

determination, each State is required to 

certify that it has reviewed and updated 

the provisions of its commercial 

building code regarding energy 

efficiency with respect to the revised or 

successor code. (42 U.S.C. 

6833(b)(2)(B)(i)) If the Secretary makes a 

determination that the revised Standard 

will not improve energy efficiency in 

commercial buildings, then State 

commercial codes shall meet or exceed 

the last revised Standard for which the 

Secretary has made a positive 

determination. (42 U.S.C. 

6833(b)(2)(B)(ii)) Therefore, DOE has 

preliminarily determined that the 

Secretary’s determination is not a major 

Federal action that would have direct 

environmental impacts. Accordingly, 

DOE has not prepared an environmental 

assessment or an environmental impact 

statement. 

Review Under Executive Order 13132, 

‘‘Federalism’’ 

Executive Order 13132 (64 FR 43255) 

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 

reviewed the statutory authority, and 

Congress found that: 

(1) Large amounts of fuel and energy 

are consumed unnecessarily each year 

in heating, cooling, ventilating, and 

providing domestic hot water for newly 

constructed residential and commercial 

buildings because such buildings lack 

adequate energy conservation features; 

(2) Federal voluntary performance 

standards for newly constructed 

buildings can prevent such waste of 

energy, which the Nation can no longer 

afford in view of its current and 

anticipated energy shortage; 

(3) The failure to provide adequate 

energy conservation measures in newly 

constructed buildings increases longterm operating costs that may affect 

adversely the repayment of, and security 

for, loans made, insured, or guaranteed 

by Federal agencies or made by 

federally insured or regulated 

instrumentalities; and 

(4) State and local building codes or 

similar controls can provide an existing 

means by which to ensure, in 

coordination with other building 

requirements and with a minimum of 

Federal interference in State and local 

transactions, that newly constructed 

buildings contain adequate energy 

conservation features. (42 U.S.C. 6831) 

Pursuant to Section 304(b) of ECPA, 

DOE is statutorily required to determine 

whether the most recent edition of 

Standard 90.1 would improve the level 

of energy efficiency in commercial 

buildings as compared to the previous 

edition. If DOE makes a positive 

determination, the statute requires each 

State to certify that it has reviewed and 

updated the provisions of its 

commercial building code regarding 

energy efficiency with respect to the 

revised or successor codes. (42 U.S.C. 

6833(b)(2)(B)(i)) 

Executive Order 13132 requires 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications unless funds necessary to 

pay the direct costs incurred by the 

State and local governments in 

complying with the regulation are 

provided by the Federal Government. 

(62 FR 43257) Pursuant to Section 

304(e) of ECPA, the DOE Secretary is 

required to provide incentive funding to 

States to implement the requirements of 

section 304, and to improve and 

implement State residential and 

commercial building energy efficiency 

codes, including increasing and 

verifying compliance with such codes. 

In determining whether, and in what 

amount, to provide incentive funding, 

the Secretary must consider the actions 

proposed by the State to implement the 

requirements of this section, to improve 

and implement residential and 

commercial building energy efficiency 

codes, and to promote building energy 

efficiency through the use of such 

codes. (See 42 U.S.C. 6833(e)) Therefore, 

consultation with States and local 

officials regarding this determination 

was not required. 

However, DOE notes that State and 

local governments were invited to 

participate in the development Standard 

90.1–2013. The ASHRAE Standard is 

developed in a national, ANSI-approved 

consensus process open to the public, 

and in which State and local 

governments may participate, along 

with the general public. The updated 

Standard is the product of a series of 

amendments to the prior edition of the 

Standard, with each addendum made 

available for public review with any 

interested party having the ability to 

submit comments. Comments on the 

addendum are received, reviewed, and 

resolved through an established process 

commonly utilized in generating 

industry consensus standards. Members 

of the Standard 90.1 project committee 

have included representatives of State 

and local governments. DOE believes 

that this process has given State and 

local jurisdictions extensive opportunity 

to comment and express any concerns 

on Standard 90.1–2013, the subject of 

this determination. 

On issuance of a determination that 

Standard 90.1–2013 would improve the 

energy efficiency of commercial 

buildings, ECPA requires each State to 

certify to the Secretary that it has 

reviewed and updated the provisions of 

its commercial building code regarding 

energy efficiency to meet or exceed the 

requirements of Standard 90.1–2013. 

DOE notes that ECPA sets forth this 

requirement for States. (42 U.S.C. 

6833(b)(2)(B)(i)) States are given broad 

freedom to either adopt Standard 90.1– 

2013 or develop their own code that 

meets or exceeds Standard 90.1–2013. 

Review Under 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 

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 an 

assessment of the anticipated costs and 

benefits of any rule that includes a 

Federal mandate that 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. 

Consistent with previous 

determinations, DOE has completed its 

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10Halverson et al., ANSI/ASHRAE/IES Standard 

90.1–2013 Determination of Energy Savings: 

Quantitative Analysis (PNNL, Richland, WA (US), 

June 2014), available at http://www.pnnl.gov/main/ 

publications/external/technical_reports/pnnl23479.pdf. 

review, and concluded that impacts on 

state, local and tribal governments are 

less than the $100 million threshold 

specified in the Unfunded Mandates 

Act. Accordingly, no further action is 

required under the Unfunded Mandates 

Reform Act of 1995. Documentation 

supporting this review is contained in 

Appendix D of the Quantitative 

Analysis technical support document 

(TSD) 10 available at http://www.

energycodes.gov/regulations/

determinations. 

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 concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

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) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

the Office of Management and Budget 

(OMB). Both OMB and DOE have 

published established relevant 

guidelines (67 FR 8452 and 67 FR 

62446, respectively). DOE has reviewed 

today’s action under the OMB and DOE 

guidelines, and has concluded that it is 

consistent with applicable policies in 

those guidelines. 

Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ (66 FR 28355), 

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 OMB 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. 

Review Under Executive Order 13175 

Executive Order 13175, ‘‘Consultation 

and Coordination with Indian tribal 

Governments’’ (65 FR 67249), 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 

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. 

Issued in Washington, DC, on September 

18, 2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–22882 Filed 9–25–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[EERE–2014–BT–DET–0030] 

RIN 1904–AD33 

Preliminary Determination Regarding 

Energy Efficiency Improvements in the 

2015 International Energy 

Conservation Code 

AGENCY: Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Preliminary 

Determination. 

SUMMARY: The U.S. Department of 

Energy (DOE) has preliminarily 

determined that the 2015 edition of the 

International Energy Conservation Code 

(IECC) would improve energy efficiency 

in buildings subject to the code 

compared to the 2012 edition. DOE 

analysis indicates that buildings 

meeting the 2015 IECC (as compared 

with buildings meeting the 2012 IECC) 

would result in national source energy 

savings of approximately 1.03 percent, 

site energy savings of approximately 

1.12 percent, and energy cost savings of 

approximately 0.90 percent of 

residential building energy 

consumption, as regulated by the IECC. 

If this determination is finalized, each 

State would be required by statute to 

certify that it has reviewed the 

provisions of its residential building 

code regarding energy efficiency, and 

made a determination as to whether to 

update their code to meet or exceed the 

2015 IECC. Additionally, this notice 

provides guidance to States on these 

processes and associated certifications. 

DATES: Comments must be provided by 

October 27, 2014. 

ADDRESSES: Any comments submitted 

must identify docket number EERE– 

2014–BT–DET–0030 or Regulatory 

Information Number (RIN) 1904–AD33. 

Comments may be submitted using any 

of the following methods: 

1. Federal eRulemaking Portal: 

www.Regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: 2015IECC2014DET0030@

ee.doe.gov. Include the docket number 

and/or RIN in the subject line of the 

message. 

3. Mail: Ms. Brenda Edwards; U.S. 

Department of Energy, Building 

Technologies Office EE–5B; 1000 

Independence Avenue SW., 

Washington, DC 20585. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

mstockstill on DSK4VPTVN1PROD with NOTICES