27778 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

1American National Standards Institute (ANSI)/ 

American Society of Heating, Refrigerating, and AirHeadquarters are subject to advance 

security screening procedures. Any 

foreign national wishing to participate 

in the meeting should advise DOE as 

soon as possible by contacting Ms. 

Brenda Edwards at (202) 586–2945 to 

initiate the necessary procedures. 

In addition, you can attend the public 

meeting via Webinar. Webinar 

registration information, participant 

instructions, and information about the 

capabilities available to webinar 

participants will be published on DOE’s 

Web site at: http://www1.eere.energy.

gov/buildings/appliance_standards/

product.aspx?productid=84. 

Participants are responsible for ensuring 

their systems are compatible with the 

webinar software. 

B. Procedure for Submitting Requests To 

Speak 

Any person who has an interest in the 

topics addressed in this NODA, or who 

is a representative of a group or class of 

persons that has an interest in these 

issues, may request an opportunity to 

make an oral presentation at the public 

meeting. Requests should be emailed to 

Ms. Brenda Edwards at 

Brenda.Edwards@ee.doe.gov. Persons 

who wish to speak should include their 

contact information and an attached file 

that describes the nature of their interest 

in this NODA and the topics they wish 

to discuss. DOE requests persons 

selected to make an oral presentation to 

submit an advance copy of their 

statements by May 30, 2014. DOE may 

permit persons who cannot supply an 

advance copy of their statement to 

participate, if those persons have made 

advance alternative arrangements with 

the Building Technologies Office. As 

necessary, requests to give an oral 

presentation should ask for such 

alternative arrangements. 

C. Conduct of the Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also use a professional facilitator to aid 

discussion. The meeting will not be a 

judicial or evidentiary-type public 

hearing, but DOE will conduct it in 

accordance with section 336 of EPCA 

(42 U.S.C. 6306). There shall not be 

discussion of proprietary information, 

costs or prices, market share, or other 

commercial matters regulated by U.S. 

anti-trust laws. A court reporter will be 

present to record the proceedings and 

prepare a transcript. The public meeting 

will be conducted in an informal, 

conference style. DOE reserves the right 

to schedule the order of presentations 

and to establish the procedures 

governing the conduct of the public 

meeting. DOE will present summaries of 

comments received before the public 

meeting, allow time for presentations by 

participants, and encourage all 

interested parties to share their views on 

issues affecting this NODA. Each 

participant will be allowed to make a 

prepared general statement (within time 

limits determined by DOE), before the 

discussion of specific topics. DOE will 

permit other participants to comment 

briefly on any general statements. 

At the end of all prepared statements 

on each specific topic, DOE will permit 

participants to clarify their statements 

briefly and comment on statements 

made by others. Participants should be 

prepared to answer DOE’s and other 

participants’ questions. DOE 

representatives may also ask 

participants about other matters relevant 

to this NODA. The official conducting 

the public meeting will accept 

additional comments or questions from 

those attending as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of these procedures that may be needed 

for the proper conduct of the public 

meeting. After the public meeting, 

interested parties may submit further 

comments on the proceedings as well as 

on any aspect of the NODA until the 

end of the comment period. DOE will 

make the entire record of this 

proceeding, including the transcript 

from the public meeting, available on 

the DOE Web site. 

D. Submission of Comments 

DOE welcomes comments on all 

aspects of this NODA and on other 

relevant issues that participants believe 

would affect test procedures and energy 

conservation standards applicable to 

Battery Chargers. Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2014–BT–NOA–0012, by 

any of the following methods: 

• Email: To 

BatteryChargers2014NOA0012@

ee.doe.gov. Include EERE–2014–BT– 

NOA–0012 in the subject line of the 

message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

Revisions to Energy Efficiency 

Enforcement Regulations, EERE–2011– 

BT– STD–0005, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Phone: (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza SW., 

Washington, DC 20024. Phone: (202) 

586–2945. Please submit one signed 

paper original. 

All submissions received must 

include the agency name and docket 

number or RIN for this rulemaking. 

After the close of the comment period, 

DOE will begin collecting data, 

conducting the analyses, and reviewing 

the public comments. These actions will 

be taken to aid in the development of a 

test procedure and energy conservation 

standards Final Rule for Battery 

Chargers. 

DOE considers public participation to 

be a very important part of the process 

for developing test procedures and 

energy conservation standards. DOE 

actively encourages the participation 

and interaction of the public during the 

comment period in each stage of the 

rulemaking process. Interactions with 

and between members of the public 

provide a balanced discussion of the 

issues and assist DOE in the rulemaking 

process. Anyone who wishes to be 

added to the DOE mailing list to receive 

future notices and information about 

this rulemaking should contact Mr. 

Jeremy Dommu at (202) 586–9870, or 

via email at battery_chargers_and_

external_power_supplies@ee.doe.gov. 

Issued in Washington, DC, on May 8, 2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–11213 Filed 5–14–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2014–BT–DET–0009] 

RIN 1904–AD27 

Preliminary 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 preliminary 

determination. 

SUMMARY: The U.S. Department of 

Energy (DOE) has preliminarily 

determined that the 2013 edition of the 

ANSI/ASHRAE/IES 1 Standard 90.1: 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27779 

Conditioning 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. 

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 

preliminarily 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. If this determination is 

finalized, States would be 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: Comments on the preliminary 

determination must be provided by June 

16, 2014. 

ADDRESSES: Any comments submitted 

must identify provide docket number 

EERE–2014–BT–DET–0009, or 

Regulatory Information Number (RIN), 

1904–AD27. Comments may be 

submitted using any of the following 

methods: 

1. Federal eRulemaking Portal: 

Regulations.gov. Follow the instructions 

for submitting comments. 

2. Email: 

2013ASHRAEstandard2014Det0009@

ee.doe.gov. Include the docket number 

and/or RIN in the subject line of the 

message. 

3. Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

CD, in which case it is not necessary to 

include printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Office, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section VIII of this document (Public 

Participation). 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/

materials, is available for review at 

Regulations.gov. All documents in the 

docket are listed in the Regulations.gov 

index. However, some documents listed 

in the index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

A link to the docket Web page can be 

found at: http://www.energycodes.gov/

regulations/determinations. This Web 

page will contain a link to the docket for 

this notice on the Regulations.gov site. 

The regulations.gov Web page will 

contain simple instructions on how to 

access all documents, including public 

comments, in the docket. See section 

VIII for further information on how to 

submit comments through 

Regulations.gov. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in the public meeting, contact Ms. 

Brenda Edwards at (202) 586–2945 or by 

email: Brenda.Edwards@ee.doe.gov. 

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 Ami 

Grace-Tardy; U.S. Department of 

Energy, Office of the General Counsel, 

1000 Independence Avenue SW., GC– 

71, Washington, DC 20585; (202) 586– 

5709; Ami.Grace-Tardy@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

II. Introduction 

III. Methodology 

IV. Summary of Findings 

V. Preliminary Determination Statement 

VI. State Certification 

VII. Regulatory Review and Analysis 

VIII. Public Participation 

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 a final determination in 

the Federal Register updating the 

reference code to Standard 90.1–2010. 

(76 FR 64904) 

ECPA 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(c) 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 

ASHRAE and 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. 

ANSI approved the final addendum for 

inclusion in the 2013 edition in 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27780 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

3ASHRAE press release available at https://

www.ashrae.org/news/2013/ashrae-ies-publish2013-energy-standard-changes-for-envelopelighting-mechanical-sections. 

4M.F. McBride, ‘‘Development of Economic 

Scalar Ratios for ASHRAE Standard 90.1 R,’’ 

(presented at the Thermal Performance of the 

Exterior Envelopes of Buildings VI, ASHRAE, 

1995), available at http://consensus.fsu.edu/FBC/

2010-Florida-Energy-Code/901_Scalar_Ratio_

Development.pdf . 

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. 

III. Methodology 

In arriving at a preliminary 

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 90.1–2013 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. 

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. 

Consideration for Technological and 

Economic Factors 

Section 304(b) of ECPA states that the 

Secretary is required to make a 

determination as to whether any 

successor standard to ASHRAE 

Standard 90.1–1989 will improve 

energy efficiency. (42 U.S.C. 

6833(b)(2)(A)) Section 304 of ECPA does 

not include any reference to economic 

justification. 

Separate from the Secretary’s 

determination under section 304(b), 

section 307 of ECPA requires DOE to 

periodically review the economic basis 

of the voluntary building energy codes 

and participate in the industry process 

for review and modification, including 

seeking adoption of all technologically 

feasible and economically justified 

energy efficiency measures. (42 U.S.C. 

6836(b)) DOE fulfills this obligation in 

two ways. First, the ASHRAE process, 

in which DOE participates, provides 

consideration for the feasibility and 

economics of proposed addenda, with a 

defined methodology applied to test the 

cost-effectiveness of individual 

addenda. Next, DOE performs 

independent analysis of Standard 90.1 

as part of its direction to assist States 

implementing building energy codes. 

(ASHRAE consideration for costeffectiveness and technical assistance 

provided by DOE is further explained 

below.) 

The development of ASHRAE 

standards is based upon the ANSI 

consensus process, which ensures 

participation by any interested party, 

with representatives classified as 

producer (e.g., industry), user (e.g., 

owners and designers), and general (e.g., 

government representatives or other 

general interests) segments of the 

building industry coming together to 

develop a consensus-based standard. 

DOE is an active participant in this 

process, and provided technical support 

to the development of the Standard 

through Pacific Northwest National 

Laboratory (PNNL). This approach 

allows DOE to meet its statutory 

obligation to participate in the industry 

process to review and modify Standard 

90.1, and to seek adoption of all 

technologically feasible and 

economically justified energy efficiency 

measures. (42 U.S.C. 6836(b)) 

The ASHRAE development process 

requires extensive committee 

deliberation and public review of each 

change to Standard 90.1, including 

consideration for the cost-effectiveness 

of proposed changes. One of the 

objectives considered by the committee 

developing Standard 90.1 is for the 

requirements of the Standard to be costeffective for use in the public and 

private sectors. In recent years, one of 

the primary support functions provided 

by PNNL is assistance in the 

development of cost-effectiveness 

analyses that are considered by the 

development committee. Some 

proposed changes to the Standard do 

not require a cost-effectiveness 

evaluation, such as the following: 

• Changes that do not add cost to the 

building or where the added cost would 

be negligible; 

• Changes intending to clarify 

existing requirements of the Standard or 

to improve compliance with existing 

requirements of the Standard; 

• Changes to external references that 

are included in the Standard; or 

• Changes that reflect Federal 

requirements, such as appliance and 

commercial equipment standards. 

When evaluating proposed changes to 

the Standard where an additional cost to 

the building is anticipated, Standard 

90.1 uses a defined methodology known 

as the Scalar Method 4 to ensure that 

Standard 90.1 is cost effective. This 

method is based on ASTM Standard 

E917—Standard Practice for Measuring 

Life-Cycle Costs of Buildings and 

Building Systems. Standard 90.1 has 

simplified the life-cycle cost (LCC) 

model in ASTM Standard E917 by 

condensing the economic variables into 

a single variable called the Scalar Ratio, 

which is simply a ratio of economic 

present worth factors. A maximum 

scalar ratio of 21.9, corresponding to a 

measure life of 40 years was used in the 

development of Standard 90.1–2013. 

This ratio is mathematically equivalent 

to a LCC analysis using the following 

parameters: 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27781 

5Thornton et al., Cost-Effectiveness of ASHRAE 

Standard 90.1–2010 Compared to ASHRAE 

Standard 90.1–2007 (PNNL, Richland, WA (US), 

November 2013), available at http://www.pnnl.gov/ 

main/publications/external/technical_reports/pnnl22972.pdf. 

6Halverson et al., ANSI/ASHRAE/IES Standard 

90.1–2013 Preliminary Determination: Qualitative 

Analysis (PNNL, Richland, WA (US), March 2014), 

available at http://www.pnnl.gov/main/

publications/external/technical_reports/pnnl23198.pdf. 

TABLE III.1—ASHRAE SCALAR RATIO

ECONOMIC PARAMETERS

Parameter Rate (percent) 

Economic Life .................... Up to 40 years. 

Loan Interest Rate ............. 6.25. 

Heating Fuel Escalation 

Rate.

3.76. 

Cooling Fuel Escalation 

Rate.

3.76. 

TABLE III.1—ASHRAE SCALAR RATIO

ECONOMIC PARAMETERS—Continued 

Parameter Rate (percent) 

Federal Tax Rate ............... 34. 

State Tax Rate .................. 6.5. 

Nominal Discount Rate ...... 7. 

Real Discount Rate ........... 6.05. 

The above economic parameters are 

vetted and updated by ASHRAE at the 

beginning of each three-year Standard 

90.1 development cycle. If the scalar 

ratio for a particular measure is less 

than the scalar ratio limit established by 

the measure life and the parameters 

presented above, then the measure is 

considered cost-effective. The scalar 

ratio for a proposal is determined by the 

following equation: 

It should be noted that Standard 90.1 

evaluates the cost-effectiveness of 

individual addenda, as applicable, but 

does not evaluate the cost-effectiveness 

of the Standard as a whole. However, 

this information is often desired by 

States to inform processes to update 

State energy codes. To address this 

need, and as part of DOE’s direction to 

provide technical assistance to support 

the implementation of State energy 

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

DOE has worked with States to help 

them understand the energy and 

economic impacts associated with 

updated model energy codes. This 

approach allows DOE and the States to 

identify and collect necessary data, as 

available, and work with individual 

States to understand localized costs, 

construction practices, and unique State 

scenarios. DOE provided such Statelevel cost-effectiveness analysis for 

States considering adoption of recent 

editions of Standard 90.1,5 and plans to 

provide similar analysis for the 2013 

edition by December 31, 2014. 

In preparation for future technical 

assistance activities, DOE is interested 

in receiving stakeholder feedback on the 

Department’s practice of providing costeffectiveness analysis to support State 

energy code adoption. DOE has issued 

past requests for information 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. DOE is specifically 

requesting public comments and 

additional information regarding the 

costs and benefits of the use of Standard 

90.1–2013, as a whole, and appropriate 

methodologies for assessing costs, 

benefits, and cost-effectiveness in the 

Public Participation section of this 

notice. 

IV. Summary of Findings 

In performing its preliminary 

determination, DOE performed both a 

qualitative and quantitative analysis of 

the requirements contained in the 

updated edition of Standard 90.1. 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 preliminary 

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 this preliminary 

determination. 

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),6 available at http://

www.energycodes.gov/regulations/

determinations. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALSEP15MY14.008</GPH>
27782 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS

No. 

Addendum to 

Standard 

90.1–2010 

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 DOE 

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 

Air-Conditioning 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 

Air-Conditioning.

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 

Air-Conditioning 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 non-weatherized 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 

Air-Conditioning.

Modifies the minimum efficiency requirements of 

evaporatively cooled units, of size category 

240,000 Btu/h to 760,000 Btu/h and heating typeother, 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 lowvoltage dry-type transformers. The corresponding 

references have also been added in Chapter 12.

Neutral (simply specifies alternative rating standard). 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27783 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

No. 

Addendum to 

Standard 

90.1–2010 

Sections affected within the 

Standard Description of changes Impact on energy efficiency (justification) 

11 .............. 90.1–2010l 6. Heating, Ventilating, and 

Air-Conditioning.

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). 

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 5. Building Envelope, 3. 

Definitions, 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 

Air-Conditioning.

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 

Air-Conditioning, 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). 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27784 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

No. 

Addendum to 

Standard 

90.1–2010 

Sections affected within the 

Standard Description of changes Impact on energy efficiency (justification) 

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 Capacitor-Start Capacitor-Run and Capacitor-Start Induction-Run 

Small Electric Motors.

Neutral (adopts Federal 

standards). 

23 .............. 90.1–2010z 6. Heating, Ventilating, and 

Air-Conditioning.

Relocates the requirements for water economizers 

into the main economizer section, Section 6.5.1.5.

Neutral (editorial only). 

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

Air-Conditioning 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, multiplezone 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 

Air-Conditioning.

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 

Air-Conditioning.

Requires fractional horsepower motors ≥1⁄12 hp to 

be electronically commutated motors or have a 

minimum 70% efficiency in accordance with DOE 

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 

Air-Conditioning.

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). 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27785 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

No. 

Addendum to 

Standard 

90.1–2010 

Sections affected within the 

Standard Description of changes Impact on energy efficiency (justification) 

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

Air-Conditioning 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 

Air-Conditioning 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 

Air-Conditioning 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 

Air-Conditioning.

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). 

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 

Air-Conditioning.

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 

Air-Conditioning.

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 

Air-Conditioning.

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 

Air-Conditioning.

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). 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27786 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

No. 

Addendum to 

Standard 

90.1–2010 

Sections affected within the 

Standard Description of changes Impact on energy efficiency (justification) 

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). 

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 

Air-Conditioning.

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 

Air-Conditioning.

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 

Air-Conditioning.

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 

Air-Conditioning 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 

Air-Conditioning 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 

Air-Conditioning.

Reduces occupancy threshold for demand controlled ventilation from greater than 40 people per 

1000 ft 2 to equal to or greater than 25 people per 

1000 ft 2 with exemptions for certain occupancies.

Minor + (reduces ventilation 

energy usage). 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27787 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

No. 

Addendum to 

Standard 

90.1–2010 

Sections affected within the 

Standard Description of changes Impact on energy efficiency (justification) 

64 .............. 90.1–2010bt 6. Heating, Ventilating, and 

Air-Conditioning.

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). 

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 

Air-Conditioning.

Adds control requirements for heating systems in 

vestibules.

Minor + (reduces vestibule 

heating energy usage). 

71 .............. 90.1–2010cb 6. Heating, Ventilating, and 

Air-Conditioning.

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 

Air-Conditioning.

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 

Air-Conditioning, 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 

Air-Conditioning.

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). 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27788 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

No. 

Addendum to 

Standard 

90.1–2010 

Sections affected within the 

Standard Description of changes Impact on energy efficiency (justification) 

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). 

80 .............. 90.1–2010ck 6. Heating, Ventilating, and 

Air-Conditioning.

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 

Air-Conditioning.

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-by-space 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 

Air-Conditioning.

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 

Air-Conditioning.

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 

Air-Conditioning.

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 

Air-Conditioning.

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). 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27789 

TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

No. 

Addendum to 

Standard 

90.1–2010 

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 

Air-Conditioning.

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 

Air-Conditioning.

Deletes sizing requirements for pipes >24 inches 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.

Corrects 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 

Air-Conditioning.

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 

Air-Conditioning.

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. 

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 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27790 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

7Based 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. 

8Halverson et al., ANSI/ASHRAE/IES Standard 

90.1–2013 Preliminary Determination: Quantitative 

Analysis (PNNL, Richland, WA (US), March 2014), 

available at http://www.pnnl.gov/main/ 

publications/external/technical_reports/pnnl23236.pdf. 

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.7 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 preliminary 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) 8

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 .................................................

Medium Office ..............................................

Large Office .................................................

5.61 

6.05 

3.33 

33.0 

36.8 

71.9 

100.4 

105.9 

210.7 

$0.99 

1.03 

2.06 

Retail ................................. Stand-Alone Retail .......................................

Strip Mall ......................................................

15.25 

5.67 

53.4 

60.4 

142.9 

164.1 

1.38 

1.58 

Education ........................... Primary School ............................................

Secondary School ........................................

4.99 

10.36 

59.0 

47.7 

151.1 

130.3 

1.44 

1.26 

Healthcare ......................... Outpatient Health Care ................................

Hospital ........................................................

4.37 

3.45 

120.0 

131.0 

324.3 

321.1 

3.13 

3.04 

Lodging .............................. Small Hotel ..................................................

Large Hotel ..................................................

1.72 

4.95 

63.6 

96.7 

148.8 

217.7 

1.40 

2.03 

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

Food Service ..................... Fast-Food Restaurant ..................................

Sit-Down Restaurant ....................................

0.59 

0.66 

591.5 

383.9 

1051.7 

742.7 

9.27 

6.69 

Apartment .......................... Mid-Rise Apartment .....................................

High-Rise Apartment ...................................

7.32 

8.97 

46.3 

50.4 

131.4 

124.9 

1.28 

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 .................................................

Medium Office ..............................................

Large Office .................................................

5.61 

6.05 

3.33 

29.4 

34.1 

70.8 

89.3 

97.9 

205.8 

$0.88 

0.95 

2.01 

Retail ................................. Stand-Alone Retail .......................................

Strip Mall ......................................................

15.25 

5.67 

45.9 

55.1 

124.6 

147.3 

1.20 

1.42 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27791 

TABLE IV.4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE—Continued 

[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) 

Education ........................... Primary School ............................................

Secondary School ........................................

4.99 

10.36 

54.2 

41.7 

134.4 

111.9 

1.28 

1.08 

Healthcare ......................... Outpatient Health Care ................................

Hospital ........................................................

4.37 

3.45 

115.8 

123.7 

311.8 

300.7 

3.00 

2.85 

Lodging .............................. Small Hotel ..................................................

Large Hotel ..................................................

1.72 

4.95 

60.0 

89.0 

137.6 

195.4 

1.29 

1.81 

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

Food Service ..................... Fast-Food Restaurant ..................................

Sit-Down Restaurant ....................................

0.59 

0.66 

576.4 

372.5 

1001.9 

713.5 

8.78 

6.41 

Apartment .......................... Mid-Rise Apartment .....................................

High-Rise Apartment ...................................

7.32 

8.97 

43.9 

46.9 

124.8 

114.4 

1.21 

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 .................................................

Medium Office ..............................................

Large Office .................................................

5.61 

6.05 

3.33 

11.0 

7.4 

1.4 

11.0 

7.5 

2.4 

11.0 

7.5 

2.5 

Retail ................................. Stand-Alone Retail .......................................

Strip Mall ......................................................

15.25 

5.67 

13.9 

8.8 

12.8 

10.2 

12.6 

10.5 

Education ........................... Primary School ............................................

Secondary School ........................................

4.99 

10.36 

8.1 

12.6 

11.0 

14.1 

11.5 

14.4 

Healthcare ......................... Outpatient Health Care ................................

Hospital ........................................................

4.37 

3.45 

3.6 

5.6 

3.9 

6.4 

3.9 

6.5 

Lodging .............................. Small Hotel ..................................................

Large Hotel ..................................................

1.72 

4.95 

5.7 

8.0 

7.5 

10.2 

7.9 

10.7 

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

Food Service ..................... Fast Food Restaurant ..................................

Sit-Down Restaurant ....................................

0.59 

0.66 

2.6 

3.0 

4.7 

3.9 

5.3 

4.2 

Apartment .......................... Mid-Rise Apartment .....................................

High-Rise Apartment ...................................

7.32 

8.97 

5.4 

6.9 

5.1 

8.4 

5.0 

8.7 

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

V. Preliminary 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 

preliminary conclusion that Standard 

90.1–2013 will improve energy 

efficiency in commercial buildings, and, 

therefore, should receive an affirmative 

determination under Section 304(b) of 

ECPA. 

VI. State Certification 

If today’s determination is finalized, 

each State would be 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 

would be required not later than 2 years 

from the date of the final determination 

notice, unless an extension is provided. 

State Review and 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 

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 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27792 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

9Available at http://www.energycodes.gov/

adoption/states. 

10Available at http://energy.gov/gc/office-generalcounsel. 

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.9 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 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 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 and 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.10

DOE has reviewed today’s 

preliminary determination under the 

provisions of the Regulatory Flexibility 

Act and the procedures and policies 

published in February 2003. Once DOE 

finalizes this preliminary determination 

of improved energy efficiency, it would 

require States to undertake an analysis 

of their respective building codes. As 

such, the only entities directly regulated 

by this preliminary 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 preliminary 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 preliminary 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 

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 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27793 

11Halverson et al., ANSI/ASHRAE/IES Standard 

90.1–2013 Preliminary Determination: Quantitative 

Analysis (PNNL, Richland, WA (US), March 2014), 

Continued 

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 preliminary 

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 preliminary determination. 

On issuance of a final 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 

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 full Quantitative 

Analysis technical support document 

(TSD) 11 available at http://


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27794 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

available at http://www.pnnl.gov/main/

publications/external/technical_reports/pnnl23236.pdf. 

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. 

VIII. Public Participation 

DOE will accept comments, data, and 

information regarding this proposed 

rule no later than the date provided in 

the DATES section at the beginning of 

this preliminary determination. 

Interested parties may submit 

comments, data, and other information 

using any of the methods described in 

the ADDRESSES section at the beginning 

of this notice. 

Submitting Comments via the 

Regulations.gov Web site 

The Regulations.gov Web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment itself or in any 

documents attached to your comment. 

Any information that you do not want 

to be publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Otherwise, persons viewing comments 

will see only first and last names, 

organization names, correspondence 

containing comments, and any 

documents submitted with the 

comments. 

Do not submit to Regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

Regulations.gov cannot be claimed as 

CBI. Comments received through the 

Web site will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section below. 

DOE processes submissions made 

through Regulations.gov before posting. 

Normally, comments will be posted 

within a few days of being submitted. 

However, if large volumes of comments 

are being processed simultaneously, 

your comment may not be viewable for 

up to several weeks. Please keep the 

comment tracking number that 

Regulations.gov provides after you have 

successfully uploaded your comment. 

Submitting Comments via Email, Hand 

Delivery/Courier, or Mail 

Comments and documents submitted 

via email, hand delivery, or mail also 

will be posted to Regulations.gov. If you 

do not want your personal contact 

information to be publicly viewable, do 

not include it in your comment or any 

accompanying documents. Instead, 

provide your contact information in a 

cover letter. Include your first and last 

names, email address, telephone 

number, and optional mailing address. 

The cover letter will not be publicly 

viewable as long as it does not include 

any comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via mail or hand delivery/

courier, please provide all items on a 

CD, if feasible. It is not necessary to 

submit printed copies. No facsimiles 

(faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, that are written in English, and 

that are free of any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27795 

and, if possible, they should carry the 

electronic signature of the author. 

Campaign Form Letters 

Please submit campaign form letters 

by the originating organization in 

batches of between 50 to 500 form 

letters per PDF or as one form letter 

with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email, postal mail, or 

hand delivery/courier two well-marked 

copies: One copy of the document 

marked confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. 

Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

Notification of Special Requests 

In preparation for future technical 

assistance activities, DOE is interested 

in public comments and additional 

information regarding the costs and 

benefits associated with the adoption 

and use of Standard 90.1, as a whole, 

and appropriate methodologies for 

assessing costs, benefits and costeffectiveness. As discussed in the 

Methodology section of this document, 

DOE is 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)) As part of its 

technical assistance role, DOE 

previously established a methodology 

by which it evaluates the cost 

effectiveness of energy codes (78 FR 

47677). In the coming months, DOE 

intends to publish a request for 

information (RFI) to update this 

methodology, and to ensure DOE 

activities continue to remain in 

alignment with the national model code 

development processes. In particular, 

DOE will be interested in public 

comments identifying available and 

adequate sources of data to support 

national and State-level cost analysis, 

such as localized cost data and 

construction practices. DOE expects to 

use such input in updating its own costeffectiveness methodology, and in 

applying this methodology through 

technical assistance functions, 

including the evaluation of published 

model energy codes, as well as proposed 

changes. 

Issued in Washington, DC, on May 8, 2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–11218 Filed 5–14–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 600 

RIN 1991–AC02 

Administrative Requirements for 

Grants and Cooperative Agreements 

AGENCY: Department of Energy. 

ACTION: Notice of proposed rulemaking 

and opportunity for public comment. 

SUMMARY: The Department of Energy 

(DOE) is proposing to revise existing 

regulations covering the administrative 

requirements for grants and cooperative 

agreements with for-profit 

organizations. The proposed regulations 

would modify title provisions, and 

requirements related to the handling of 

real property and equipment acquired 

with federal funds. They would also add 

provisions related to export control 

requirements and supporting U.S. 

manufacturing, reporting on utilization 

of subject inventions, novation of 

financial assistance agreements, and 

changes of control of recipients. 

DATES: DOE will accept comments, data, 

and information regarding this notice of 

proposed rulemaking (NOPR) no later 

than July 14, 2014. 

ADDRESSES: Any comments submitted 

must identify this NOPR on 

Administrative Requirements for Grants 

and Cooperative Agreements, and 

provide regulatory information number 

(RIN) 1991–AC02. 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: DEARrulemaking@

hq.doe.gov. Include RIN 1991–AC02 in 

the subject line of the message. 

3. Mail: U.S. Department of Energy, 

Office of Acquisition and Program 

Management, MA–611, 1000 

Independence Avenue SW., 

Washington, DC 20585. Comments by 

email are encouraged. 

No faxes will be accepted. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Colligan, Procurement Analyst, 

U.S. Department of Energy, Office of 

Acquisition and Project Management, 

Contract and Financial Assistance 

Policy Division MA–611, Telephone: 

(202) 287–1776. Email: ellen.colligan@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Summary of Proposed Rule 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

and 13563 

B. Review Under Executive Order 12988 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act 

E. Review Under the National 

Environmental Policy Act 

F. Review Under Executive Order 13132 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

I. Background 

The Department makes substantial 

use of financial assistance awards 

(grants and cooperative agreements) to 

for-profit organizations to meet its 

mission goals. To manage these awards, 

the Department issued a rule adding 

subpart D, Administrative Requirements 

for Grants and Cooperative Agreements 

with For-Profit Organizations, to Title 

10 of the Code of Federal Regulations 

effective October 1, 2003, published 

August 21, 2003 (68 FR 50646). Today 

the Department is proposing to add 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS