Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations 40945 

that are indigenous to the State and are 

threatened with extinction. 

Plant. Any wild member of the plant 

kingdom, including roots, seeds, parts 

or products thereof, and including trees 

from either natural or planted forest 

stands. 

Tree. A woody perennial plant that 

has a well-defined stem or stems and a 

continuous cambium, and that exhibits 

true secondary growth. 

Done in Washington, DC, this 27th day of 

June 2013. 

Max Holtzman, 

Acting Deputy Under Secretary for Marketing 

and Regulatory Programs. 

[FR Doc. 2013–16463 Filed 7–8–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 433 

[Docket No. EERE–2011–BT–STD–0055] 

RIN 1904–AC60 

Energy Efficiency Design Standards 

for New Federal Commercial and MultiFamily High-Rise Residential Buildings 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Energy (DOE) is publishing this final 

rule to implement provisions in the 

Energy Conservation and Production 

Act (ECPA) that require DOE to update 

the baseline Federal energy efficiency 

performance standards for the 

construction of new Federal commercial 

and multi-family high-rise residential 

buildings. This rule updates the 

baseline Federal commercial standard to 

the American Society of Heating, 

Refrigerating, and Air-Conditioning 

Engineers (ASHRAE) Standard 90.1– 

2010. 

DATES: This rule is effective September 

9, 2013. The incorporation by reference 

of certain publications in the rule is 

approved by the Director of the Federal 

Register as of September 9, 2013. 

ADDRESSES: This rulemaking can be 

identified by docket number EERE– 

2011–BT–STD–0055 and/or RIN number 

1904–AC60. 

Docket: The docket is available for 

review at http://www.regulations.gov 

including Federal Register Notices, 

public meeting attendee lists, 

transcripts, comments and other 

supporting documents/materials. All 

documents in the docket are listed in 

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

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

For further information on how to 

review public comments or review hard 

copies of the docket in the resource 

room, contact Ms. Brenda Edwards at 

(202) 586–2945 or email 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mohammed Khan, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585, (202) 586–7892, 

email: Mohammed.Khan@ee.doe.gov, or 

Ms. Ami Grace-Tardy Esq., U.S. 

Department of Energy, Office of the 

General Counsel, Forrestal Building, 

GC–71, 1000 Independence Avenue 

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

5709, email: Ami.GraceTardy@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: This 

rulemaking incorporates by reference 

the following standard into 10 CFR Part 

433: 

• ANSI/ASHRAE/IESNA Standard 

90.1–2010, Energy Standard for 

Buildings Except Low-Rise Residential 

Buildings, I–P Edition, Copyright 2010. 

Copies of this standard are available 

from the American Society of Heating 

Refrigerating and Air-Conditioning 

Engineers, Inc., 1791 Tullie Circle, NE., 

Atlanta, GA 30329, (404) 636–8400, 

http://www.ashrae.org. 

Also, a copy of this standard is 

available for inspection at U.S. 

Department of Energy (DOE), Office of 

Energy Efficiency and Renewable 

Energy, Building Technologies Program, 

6th Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. For information 

on the availability of this standard at 

DOE, contact Ms. Brenda Edwards at 

(202) 586–2945 or email 

Brenda.Edwards@ee.doe.gov. 

I. Introduction 

II. Executive Summary 

III. Discussion of Today’s Action 

IV. Compliance Date 

V. Reference Resources 

VI. Regulatory Analysis 

VII. Congressional Notification 

I. Introduction 

Section 305 of the Energy 

Conservation and Production Act 

(ECPA), as amended, requires DOE to 

establish building energy efficiency 

standards for all new Federal buildings. 

(42 U.S.C. 6834(a)(1)) The standards 

established under section 305(a)(1) of 

ECPA must contain energy efficiency 

measures that are technologically 

feasible, economically justified, and 

meet the energy efficiency levels in the 

applicable voluntary consensus energy 

codes specified in section 305. (42 

U.S.C. 6834(a)(1)–(3)) 

Under section 305 of ECPA, the 

referenced voluntary consensus code for 

commercial buildings (including multifamily high rise residential buildings) is 

the American Society of Heating, 

Refrigerating, and Air-Conditioning 

Engineers (ASHRAE) Standard 90.1 and 

the referenced code for low-rise 

residential buildings is the International 

Energy Conservation Code (IECC). (42 

U.S.C. 6834(a)(2)(A)) DOE codified these 

referenced codes as baseline Federal 

building standards into energy 

efficiency standards in 10 CFR parts 

433, 434, and 435. Also under section 

305 of ECPA, DOE must establish, by 

rule, revised Federal building energy 

efficiency performance standards for 

new Federal buildings that require such 

buildings be designed to achieve energy 

consumption levels that are at least 30 

percent below the levels established in 

the referenced codes (baseline Federal 

building standards), if life-cycle costeffective. (42 U.S.C. 6834(a)(3)(A)(i)(I)) 

Under section 305 of ECPA, not later 

than one year after the date of approval 

of each subsequent revision of the 

ASHRAE Standard or the IECC, DOE 

must determine whether to amend the 

baseline Federal building standards 

with the revised voluntary standard 

based on the cost-effectiveness of the 

revised voluntary standard. (42 U.S.C. 

6834(a)(3)(B)) It is this requirement that 

today’s rulemaking addresses. ASHRAE 

Standard 90.1 has been updated from 

the version currently referenced in 

DOE’s regulations at 10 CFR part 433. 

DOE is now revising the latest baseline 

Federal building standard for 10 CFR 

part 433 from ASHRAE Standard 90.1– 

2007 to ASHRAE Standard 90.1–2010. 

Section 306(a) of ECPA provides that 

each Federal agency and the Architect 

of the Capitol must adopt procedures to 

ensure that new Federal buildings will 

meet or exceed the Federal building 

energy efficiency standards established 

under section 305. (42 U.S.C. 6835(a)) 

Section 306(b) bars the head of a Federal 

agency from expending Federal funds 

for the construction of a new Federal 

building unless the building meets or 

exceeds the applicable baseline Federal 

building energy standards established 

under section 305. (42 U.S.C. 6835(b)) 

This includes both the requirement that 

all new Federal buildings comply with 

the baseline standards in ASHRAE 

Standard 90.1 and the IECC and the 

requirement that new Federal buildings 

achieve energy consumption levels at 

least 30 percent below these minimum 

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40946 Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations 

baseline standards where life-cycle costeffective. (42 U.S.C. 6834 (a)(3)(A)) 

II. Executive Summary 

Under the Energy Conservation and 

Production Act (ECPA) DOE must 

determine whether the energy efficiency 

standards for new Federal buildings 

should be updated to reflect revisions to 

ASHRAE Standard 90.1 based on the 

cost-effectiveness of the revisions. (42 

U.S.C. 6834(a)(3)(B)) One of the 

objectives considered by the committee 

developing Standard 90.1–2010 is for 

the requirements to be cost-effective for 

use in the private sector. Using a scalar 

ratio for cost-effectiveness based on an 

ASTM standard, as described below, the 

Standard 90.1 committee determined 

that ASHRAE Standard 90.1–2010 is 

cost-effective. Therefore, in today’s final 

rule, DOE updates the energy efficiency 

standards for new Federal buildings to 

ASHRAE Standard 90.1–2010 for 

buildings for which design for 

construction began on or after one year 

after today’s rule is published in the 

Federal Register. 

III. Discussion of Today’s Action 

DOE is issuing today’s action as a 

final rule. As indicated above, DOE 

must determine whether the energy 

efficiency standards for new Federal 

buildings should be updated to reflect 

revisions to ASHRAE Standard 90.1 

based on the cost-effectiveness of the 

revisions. (42 U.S.C. 6834(a)(3)(B)) In 

today’s final rule, DOE determines that 

the energy efficiency standards for new 

Federal buildings should be updated to 

reflect the 2010 revisions to ASHRAE 

Standard 90.1 based on the costeffectiveness of the revisions. 

DOE reviewed ASHRAE Standard 

90.1 for DOE’s state building codes 

program and determined that the 2010 

version of ASHRAE Standard 90.1 

would achieve greater energy efficiency 

than the prior version. This 

determination was subject to notice and 

comment. See 76 FR 43298 (July 20, 

2011). In that determination DOE found 

that the 2010 version of Standard 90.1 

would save 18.2% more source energy 

than the 2007 version of Standard 90.1. 

(In a prior determination, DOE found 

that the 2007 version of Standard 90.1 

would save 3.9% more source energy 

than the 2004 version of Standard 90.1 

(76 FR 43287)) 

In DOE’s determination for the state 

building codes program, and again in 

today’s rule, DOE states that the costeffectiveness of revisions to the 

voluntary codes is considered through 

DOE’s statutorily directed involvement 

in the codes process. See 76 FR 43300. 

Section 307 of ECPA requires DOE to 

participate in the ASHRAE code 

development process and to assist in 

determining the cost-effectiveness of the 

voluntary standards. (42 U.S.C. 6836) 

DOE is required 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)) 

ASHRAE Standard 90.1 is developed 

through an American National 

Standards Institute (ANSI) consensus 

process. The ANSI consensus process 

involves representatives of producers 

(industry), users (owners and designers), 

and general (advocates and government) 

segments of the building industry. Part 

of that process involves development of 

cost-effectiveness criteria to use in the 

development of Standard 90.1. Another 

part of the process is extensive public 

review and comment of each change to 

Standard 90.1. During the course of the 

public review and comment process, 

cost-effectiveness is often a topic. One 

of the objectives considered by the 

committee developing Standard 90.1 is 

for the requirements of Standard 90.1 to 

be cost-effective for use in the private 

sector. As described below, the 90.1 

committee used a scalar ratio for costeffectiveness based on ASTM Standard 

E917—Standard Practice for Measuring 

Life-Cycle Costs of Buildings and 

Building Systems to determine that 

ASHRAE Standard 90.1–2010 is costeffective. The 90.1 committee 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 scalar ratio of 20.2 was used 

in the development of Standard 90.1– 

2010. This is mathematically equivalent 

to a LCC analysis using the following 

parameters: 

Economic Life—40 years 

Loan Interest Rate—7% 

Heating Fuel Escalation Rate—3.7% 

Cooling Fuel Escalation Rate—3.7% 

Federal Tax Rate—34% 

State Tax Rate—5% 

Discount Rate—7% 

The above parameters and ASTM 

Standard E917 form the basis of the 

Federal LCC requirements found in 10 

CFR Part 436. 

In today’s rule, DOE is amending the 

energy efficiency standards applicable 

to new Federal buildings based on the 

determinations made by DOE as to the 

energy efficiency improvements of 

ASHRAE Standard 90.1–2010, as 

compared to the predecessor version, 

and based on the considerations of costeffectiveness incorporated into the 

codes processes, as well as DOE’s 

involvement in those processes. This 

final rule amends 10 CFR part 433 to 

update the referenced baseline Federal 

energy efficiency performance 

standards. No other changes are 

proposed to 10 CFR part 433 by this 

rule. 

DOE notes that the 2012 IECC was 

finalized in summer 2011. On May 17, 

2012, DOE issued a final determination 

that the 2012 IECC would achieve 

greater energy efficiency in low-rise 

residential buildings than the previous 

editions of the IECC. (77 FR 29322) 

DOE also notes that there are a 

number of statutory provisions, 

regulations, Executive Orders, and 

memoranda of understanding that 

govern energy consumption in new 

Federal buildings. These include, but 

are not limited to, Executive Order 

13514 (74 FR 52117 (October 8, 2009)); 

sections 323, 433, 434, and 523 of EISA 

2007; Executive Order 13423 (72 FR 

3919 (January 26, 2007)); the Guiding 

Principles for Federal Leadership in 

High Performance and Sustainable 

Buildings originally adopted in the 

Federal Leadership in High Performance 

and Sustainable Buildings MOU; section 

109 of the Energy Policy Act of 2005 

(Pub. L. 109–58); and 10 CFR Parts 433 

and 435. Today’s rule supports and does 

not supplant these other applicable legal 

requirements for new Federal buildings. 

For example, by designing buildings to 

meet the ASHRAE 90.10–2010 baseline, 

Federal agencies also help achieve the 

energy intensity reductions mandated 

under section 431 of EISA 2007. 

IV. Compliance Date 

Today’s final rule applies to new 

Federal buildings for which design for 

construction begins on or after one year 

from the date of this rulemaking. Such 

buildings must be designed to exceed 

the energy efficiency level of the 

appropriate updated voluntary standard 

by 30 percent if life-cycle cost-effective. 

However, at a minimum, such buildings 

must achieve the energy efficiency equal 

to that of the appropriate updated 

voluntary standard. One year lead time 

before the design for construction begins 

is consistent with DOE’s previous 

updates to the energy efficiency 

baselines and the original statutory 

mandate for Federal building standards. 

One year lead time before design for 

construction begins helps minimize 

compliance costs to agencies, which 

may have planned buildings in various 

stages of design, and allows for design 

changes to more fully consider life-cycle 

cost-effective measures (as opposed to 

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Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations 40947 

1The use of EPA’s Target Finder tool during the 

design process of applicable new Federal buildings 

helps ensure that buildings are on a pathway to 

meet the existing building Federal Sustainable 

Building Guiding Principle (Energy Efficiency: 

Option 1), which is to receive an ENERGY STAR 

score of 75 or higher in EPA’s Portfolio Manager. 

having to revise designs in 

development, which may make 

incorporation of energy efficiency 

measure more difficult or expensive.) 

V. Reference Resources 

The Department originally prepared 

this list of resources to help Federal 

agencies achieve building energy 

efficiency levels of at least 30 percent 

below ASHRAE Standard 90.1–2004. 

The Department has reviewed these 

resources and believes that they are still 

applicable to helping agencies achieve 

building energy efficiency levels of at 

least 30% better than ASHRAE Standard 

90.1–2010. The Department has updated 

this resource list as necessary. These 

resources come in many forms and in a 

variety of media. Resources are 

provided for all buildings, and also 

specifically for commercial and multifamily high-rise residential buildings. 

Resources for Commercial and MultiFamily High-Rise Residential Buildings 

Energy Efficient Products—U.S. DOE 

Federal Energy Management Program 

and U.S. Environmental Protection 

Agency (EPA) ENERGY STAR Program 

http://www.eere.energy.gov/femp/ 

procurement http://www.energystar.gov/ 

products 

Federal agencies are required by the 

Energy Policy Act of 2005 to specify 

Federal Energy Management Program 

(FEMP) designated or ENERGY STAR 

equipment, including building 

mechanical and lighting equipment and 

builder-supplied appliances, for 

purchase and installation in all new 

construction. This equipment is 

generally more efficient than the 

corresponding requirements of ASHRAE 

Standard 90.1–2010, and may be used to 

achieve part of the savings required of 

Federal building designs. (Today’s rule 

does not specifically address the use of 

this equipment, but this Web site is 

listed for convenience because it is a 

very useful resource for achieving part 

of the energy savings required by the 

rule.) 

Life-Cycle Cost Analysis—U.S. DOE 

Federal Energy Management Program 

http://www.access.gpo.gov/nara/cfr/ 

waisidx_04/10cfr436_04.html 

The life-cycle cost analysis rules 

promulgated in 10 CFR part 436 Subpart 

A Life-Cycle Cost Methodology and 

Procedures conform to requirements in 

the Federal Energy Management 

Improvement Act of 1988 (Pub. L. 100– 

615) and subsequent energy 

conservation legislation, as well as 

Executive Order 13123, Greening the 

Government through Efficient Energy 

Management. The life-cycle cost 

guidance and required discount rates 

and energy price projections are 

determined annually by FEMP and the 

Energy Information Administration, and 

are published in the Annual 

Supplement to The National Institute of 

Standards and Technology Handbook 

135: ‘‘Energy Price Indices and Discount 

Factors for Life-Cycle Cost Analysis’’ 

http://www1.eere.energy.gov/femp/pdfs/ 

ashb10.pdf. FEMP also provides 

guidance on the life-cycle cost 

requirements of Executive Order 13123 

at http://www1.eere.energy.gov/femp/ 

information/download_blcc.html. 

ENERGY STAR Buildings—U.S. 

Environmental Protection Agency and 

U.S. Department of Energy http:// 

www.energystar.gov/index.cfm?c=new_

bldg_design.bus_target_finder (nonresidential buildings) 

ENERGY STAR is a Governmentbacked program helping businesses and 

individuals protect the environment 

through superior energy efficiency. The 

benchmarking tool and other 

information at the ENERGY STAR 

Target Finder Web site can be useful in 

determining an annual energy target for 

building design and computer 

simulations, evaluating costeffectiveness of efficiency measures, and 

tracking a building’s actual energy 

performance after construction.1

Commercial Building Initiative—U.S. 

DOE Building Technologies Program 

http://www1.eere.energy.gov/buildings/ 

commercial_initiative/ 

A collection of design approaches, 

tools, technologies and case studies 

focused on high performance buildings 

that achieve savings of 30 percent to 50 

percent better than generally accepted 

good practice. One specific resource on 

the Commercial Building Initiative site 

are the Fifty Percent Technical Support 

Documents available at http:// 

apps1.eere.energy.gov/buildings/ 

commercial_initiative/resource_

database/ (enter ‘‘50% technical 

support document’’ in search window). 

This is a set of technical support 

documents for users who wish to go 

beyond Standard 90.1. The technical 

support documents are targeted at 50% 

better than ASHRAE Standard 90.1– 

2004 (which translates to approximately 

20% better than Standard 90.1–2010). 

Building Energy Software Tools—U.S. 

DOE Building Technologies Program 

http://apps1.eere.energy.gov/buildings/ 

tools_directory/ 

This directory provides information 

on building software tools for evaluation 

energy efficiency, renewable energy, 

and sustainability in buildings. 

ASHRAE Standard 90.1–2010— 

ASHRAE 

http://www.techstreet.com/standards/ 

ashrae/ 

90_1_2010_i_p_?product_id=1739526 

The baseline energy efficiency 

standard for commercial and multifamily high-rise buildings is ANSI/ 

ASHRAE/IESNA Standard 90.1–2010. 

This link also contains a link to a readonly version of Standard 90.1–2010 

under the Preview button. 

Whole Building Design Guide—National 

Institute of Building Sciences 

http://www.wbdg.org 

A portal providing one-stop access to 

up-to-date information on a wide range 

of building-related guidance, criteria 

and technology from a ‘‘whole 

buildings’’ perspective. 

Advanced Energy Design Guides— 

ASHRAE 

http://www.ashrae.org/publications/ 

page/aedg50pct 

A set of design guides for users who 

wish to go beyond Standard 90.1. The 

design guides are targeted at 50 percent 

better than ASHRAE Standard 90.1– 

2004 (which translates to approximately 

20 percent better than Standard 90.1– 

2010). The design guides are available 

for free download. 

Advanced BuildingsTM Core 

Performance GuideTM—New Buildings 

Institute 

http://www.newbuildings.org/advanceddesign/advanced-buildings 

A set of guidelines for the design, 

construction, and operation of new and 

renovated nonresidential buildings 

targeted at 30 percent better than 

ASHRAE Standard 90.1–2004 (which 

translates to approximately the same 

level as ASHRAE Standard 90.1–2010). 

Labs for the 21st Century—U.S. EPA 

and U.S. DOE 

http://www.labs21century.gov/ 

A Web site focused on improving the 

energy efficiency and environmental 

performance of laboratory space. This 

site includes training and educational 

resources and design tools focused on 

laboratories. 

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40948 Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations 

2 DOE’s prototype buildings are described at 

http://www.energycodes.gov/development/ 

commercial/90.1_models. 

VI. Regulatory Analysis 

A. Review Under Executive Order 

12866, ‘‘Regulatory Planning and 

Review’’ 

Today’s final rule is a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, ‘‘Regulatory Planning and 

Review.’’ 58 FR 51735 (October 4, 1993). 

Accordingly, today’s action was subject 

to review by the Office of Information 

and Regulatory Affairs in the Office of 

Management and Budget (OMB). OMB 

has completed its review. As discussed 

previously in this notice, DOE is 

required to determine, based on the 

cost-effectiveness, whether the 

standards for Federal buildings should 

be updated to reflect an amendment to 

the ASHRAE standard. As stated above 

DOE complied with the statutory 

language by relying on the costeffectiveness criteria used in the 

ASHRAE development process. The 

ASHARE development process used a 

scalar ratio for cost-effectiveness based 

on ASTM E917. 

The Environmental Assessment for 

this rulemaking identified a rate of new 

Federal commercial construction of 22 

million square feet per year with a 

distribution of building types as shown 

in Table 1. As described in the 

referenced Environmental Assessment, 

the distribution of building types is 

based on the 2007 and 2008 GSA 

Federal real property reports. Table 1 

also shows the prototype buildings used 

for computer simulations utilized for 

estimating energy use in each building 

type. DOE derived these prototype 

buildings from 16 building types in 17 

climate zones using its Commercial 

Reference Building models.2

DOE has preliminarily determined 

incremental cost and the life-cycle cost 

net savings information for the building 

types and climate zones analyzed. This 

information is shown in Tables 2 and 3. 


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3Briggs, R.S., R.G. Lucas, and Z.T. Taylor. 2003. 

‘‘Climate classification for building energy codes 

and standards: Part 1—Development Process.’’ 

ASHRAE Transactions 109(1): 109:121. American 

Society of Heating, Refrigerating and AirConditioning Engineers. Atlanta, Georgia. The 90.1– 

2010 climate zone map may be viewed as Figure B.1 

of the online version of Standard 90.1–2010 at 

http://openpub.realread.com/rrserver/browser?

title=/ASHRAE_1/ashrae_90_1_2010_IP_1024. 

4 In this particular transition from 90.1–2007 to 

90.1–2010, the cost reduction was mainly because 

of smaller and less expensive HVAC equipment 

since the building load had decreased. This cost 

reduction is part of the first cost calculation. Note 

that in addition to reduced equipment costs, there 

is reduced ductwork or piping costs as well. 

5There is no data for those years for warehouses 

or hospitals. It could be expected that costs to a 

warehouses would be less since it is a simpler 

building. We assumed both the warehouse and the 

hospital were the ‘‘average’’ of the data we did 

have. And so, the warehouse value is likely higher 

than it might have been and the hospital value is 

likely lower than it might have been had there been 

data available. 

6For the Federal office building, the small and 

large office prototype first costs were averaged. For 

the Federal education building, the primary school 

prototype first cost was used. For the Federal dorm/ 

barracks building type, the small hotel and mid-rise 

apartment prototype first costs were averaged. 

7The energy costs used were the national average 

energy costs used by ASHRAE in the development 

of Standard 90.1–2010. To quote the costeffectiveness analysis report ‘‘Energy rates used to 

calculate the energy costs from the modeled energy 

usage are $1.22/therm and $0.0939/kWh. These 

rates were used for 90.1–2010 energy analysis, and 

derived from the US DOE Energy Information 

Administration (EIA 2006), as reported in Energy 

and Cost Savings Analysis of ASHRAE Standard 

90.1–2010 the 30% Goal. These are the values 

approved by the SSPC 90.1 for cost-effectiveness for 

the evaluation of individual addenda during the 

development of 90.1–2010.’’ 

8For the Federal office building, the small and 

large office prototype life cycle costs were averaged. 

Continued 

Data from Table 1 and Table 2 were 

used to calculate preliminary values for 

overall incremental first cost of 

construction for Federal commercial 

and high-rise multi-family residential 

buildings. DOE calculated the 

incremental first cost of the Federal 

building types based on the DOE 

prototypes shown in bold font in Table 

1. DOE then calculated the weighted 

average incremental cost for Federal 

building types based on the office, 

education, and dorm/barracks building 

types which represent an estimated 81% 

of new Federal construction. This 

weighted incremental cost was assigned 

to the warehouse and hospital building 

types and a total weighted incremental 

cost was calculated by multiplying the 

incremental cost for each Federal 

building type by the fraction of Federal 

construction shown in Table 1. For 

warehouses and hospitals DOE 

considered costs to be equivalent to the 

weighted cost for offices, education, and 

dorm/barracks.5

The national total incremental first 

cost for building types was developed 

by multiplying the average (across 

climate zones) incremental first cost of 

the prototypes (determined from the 

90.1 cost-effectiveness analysis) by the 

fraction of the Federal sector 

construction volume shown in Table 1.6

The resulting building type incremental 

first costs were then summed together to 

determine an overall incremental first 

cost for the entire Federal commercial 

and high-rise multi-family residential 

buildings sector. The resulting 

preliminary total incremental first cost 

estimate is $12 million per year. The 

average first cost increase is $0.54 per 

square foot. 

Turning to LCC net savings, Table 3 

shows preliminary annual LCC net 

savings by prototype buildings. For LCC 

net savings, a similar approach to that 

used for incremental first cost was used. 

That is, the national total annual LCC 

net savings 7 for building types was 

developed by multiplying the average 

(across climate zones) LCC net savings 

(determined from the 90.1 costeffectiveness analysis) by the fraction of 

the federal sector construction volume 

shown in Table 1.8 The results of the 


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40950 Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations 

For the Federal education building, the primary 

school prototype life cycle cost was used. For the 

Federal dorm/barracks building type, the small hotel and mid-rise apartment prototype life cycle 

costs were averaged. 

building type LCC net savings were then 

summed together to determine the 

overall annual LCC net savings for the 

entire Federal commercial and high-rise 

multi-family buildings sector. The 

resulting total LCC net savings for 22 

million square feet of annual 

construction was estimated to be $58 

million. The average life-cycle cost net 

savings in year one was estimated to be 

$2.64 per square foot. Note the annual 

LCC savings are for one year of Federal 

commercial and high-rise multi-family 

residential construction and that those 

savings would accumulate over the LCC 

evaluation period. For the purpose of 

this analysis DOE relied on a 30-year 

period. 

B. Administrative Procedure Act 

DOE notes that the determination 

regarding the updated voluntary 

consensus code was subject to notice 

and comment in evaluating the 

voluntary consensus codes in the 

context of State building codes. See 76 

FR 43298 (July 20, 2011) for the 

preliminary determination and 76 FR 

64904 (October 19, 2011) for the final 

determination. The determinations 

made in the context of the State codes 

are equally applicable in the context of 

Federal buildings. DOE finds that 

providing notice and comment on the 

determinations again in the context of 

Federal buildings would be 

unnecessary. The fact that the voluntary 

consensus codes apply to Federal 

buildings as opposed to the general 

building stock does not require a 

different evaluation of energy efficiency 

and cost-effectiveness. Additionally, 

DOE notes that today’s rule, amending 

standards on energy efficiency 

performance standards for the design 

and construction of new Federal 

buildings, is a rule relating to public 

property, and therefore, is not subject to 

the rulemaking requirements of the 

Administrative Procedure Act, 

including the requirement to publish a 

notice of proposed rulemaking. (See, 5 

U.S.C. 553(a)(2)) 

C. 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 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process, 68 FR 7990. The 

Department has made its procedures 

and policies available on the Office of 

General Counsel’s Web site: http:// 

energy.gov/gc/office-general-counsel. 

DOE has determined that a notice of 

proposed rulemaking is not required by 

5 U.S.C. 553 or any other law for 

issuance of this rule. As such the 

analytical requirements of the 

Regulatory Flexibility Act do not apply. 

D. Review Under the Paperwork 

Reduction Act of 1995 

This rulemaking will impose no new 

information or record keeping 

requirements. Accordingly, Office of 

Management and Budget (OMB) 

clearance is not required under the 

Paperwork Reduction Act. (44 U.S.C. 

3501 et seq.) 

E. Review Under the National 

Environmental Policy Act of 1969 

The Department prepared an 

Environmental Assessment (EA) (DOE/ 

EA–1918) entitled, ‘‘Environmental 

Assessment for Final Rule, 10 CFR part 

433, ‘Energy Efficiency Standards for 

New Federal Commercial and MultiFamily High-Rise Residential 

Buildings,’ Baseline Standards Update,’’ 


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Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations 40951 

9The alternatives and the methodology used to 

determine these emissions impacts may be found in 

the Environmental Assessment (EA) (DOE/EA– 

1918) entitled, ‘‘Environmental Assessment for 

Final Rule, 10 CFR part 433, ‘Energy Efficiency 

Standards for New Federal Commercial and MultiFamily High-Rise Residential Buildings,’ Baseline 

Standards Update’’. 

pursuant to the Council on 

Environmental Quality’s (CEQ) 

Regulations for Implementing the 

Procedural Provisions of the National 

Environmental Policy Act (40 CFR parts 

1500–1508), the National Environmental 

Policy Act of 1969 (NEPA), as amended 

(42 U.S.C. 4321 et seq.), and DOE’s 

NEPA Implementing Procedures (10 

CFR part 1021). 

The EA addresses the possible 

incremental environmental effects 

attributable to the application of the 

final rule. The only anticipated impact 

would be a decrease in outdoor air 

pollutants resulting from decreased 

fossil fuel burning for energy use in 

Federal buildings. Therefore, DOE has 

issued a Finding of No Significant 

Impact (FONSI), pursuant to NEPA, the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and DOE’s regulations for 

compliance with NEPA (10 CFR part 

1021). 

To identify the potential 

environmental impacts that may result 

from implementing the final rule on 

new Federal commercial buildings, DOE 

compared the final rule with the ‘‘noaction alternative’’ of using the current 

Federal standards. This comparison 

essentially compares the baseline 

standards—ANSI/ASHRAE/IESNA 

Standards 90.1–2007 and 90.1–2010 for 

Federal commercial and multi-family 

high-rise residential buildings. This 

comparison is identical to that 

undertaken by DOE in its 

determinations of energy savings of 

those standards and codes. For the 

purposes of this environmental 

assessment, DOE also investigated the 

impact of buildings achieving energy 

consumption below Standard 90.1–2010 

in increments of 10 percent, up to 50 

percent. 

The 2011 Annual Energy Outlook 

(2011 AEO) projects approximately 2.2 

billion square feet of commercial floor 

space will be added annually to the U.S. 

building stock (http://www.eia.gov/ 

forecasts/aeo/). Since Federal buildings 

represent about 1 percent of total U.S. 

building stock, about 22 million square 

feet of new Federal buildings are added 

each year. Federal multi-family highrise residential buildings are rare. Table 

4 summarizes the estimated emissions 

impacts for each of the alternatives for 

the Federal building energy efficiency 

standard.9 It shows cumulative changes 

in emissions for CO2, NOX, and Hg for 

a thirty year period for each of the 

alternatives. Cumulative CO2, NOX, and 

Hg emissions are reduced compared to 

the reference case for all alternatives. 

For comparison, the cumulative power 

sector emissions in the 2011 AEO 

reference case, over the period 2014 

through 2043, are 74,571 Million metric 

tons for CO2, 61,625 thousand metric 

tons for NOx, and 917 metric tons for 

Hg. 

TABLE 4—AIR EMISSIONS REDUCTIONS IN METRIC TONS (30-YEARS OF COMMERCIAL CONSTRUCTION) 

Baseline (no-action alternative) Final rule—code or standard Carbon 

dioxide 

Nitrogen 

oxides Mercury 

ASHRAE 90.1–2007 ....................................... 90.1–2010 ...................................................... 89,888,200 91,851 1.2795 

10% below 90.1–2010 ................................... 126,091,100 128,857 1.7950 

20% below 90.1–2010 ................................... 162,293,900 165,864 2.3105 

30% below 90.1–2010 ................................... 198,496,800 202,870 2.8260 

40% below 90.1–2010 ................................... 234,699,600 239,876 3.3415 

50% below 90.1–2010 ................................... 270,902,400 276,882 3.8570 

30% Below ASHRAE 90.1–2007 .................... 30% below 90.1–2010 ................................... 62,921,800 64,296 0.8957 

40% below 90.1–2010 ................................... 99,124,600 101,302 1.4112 

50% below 90.1–2010 ................................... 135,327,500 138,308 1.9267 

F. Review under Executive Order 13132, 

‘‘Federalism’’ 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999), imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. The 

Executive Order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications. On March 

14, 2000, DOE published a statement of 

policy describing the intergovernmental 

consultation process it will follow in the 

development of such regulations, 65 FR 

13735. DOE examined this rule and 

determined that it does not preempt 

State law and does not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of Government. No further action 

is required by Executive Order 13132. 

G. Review Under Executive Order 

12988, ‘‘Civil Justice Reform’’ 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct, rather than a general 

standard and promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct, 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in section 3(a) and section 

3(b) to determine whether they are met 

or it is unreasonable to meet one or 

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40952 Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations 

more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this rule 

meets the relevant standards of 

Executive Order 12988. 

H. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and tribal 

governments and the private sector. For 

a proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a) and 

(b)) The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect small governments. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA (62 FR 12820) (also available at 

http://energy.gov/gc/office-generalcounsel). This final rule contains 

neither an intergovernmental mandate 

nor a mandate that may result in the 

expenditure of $100 million or more in 

any year by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, so these requirements 

under the Unfunded Mandates Reform 

Act do not apply. 

I. 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. This 

final rule 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. 

J. Review Under Executive Order 12630, 

‘‘Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights’’ 

The Department has determined, 

under Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights’’ 53 FR 8859 (March 18, 1988), 

that this rule would not result in any 

takings which might require 

compensation under the Fifth 

Amendment to the United States 

Constitution. 

K. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

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

provides for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). DOE has 

reviewed today’s final rule under the 

OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

L. Review Under Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), requires Federal agencies to 

prepare and submit to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, 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 

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. 

This final rule would not have a 

significant adverse effect on the supply, 

distribution, or use of energy and, 

therefore, is not a significant energy 

action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

M. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91), DOE must comply with section 32 

of the Federal Energy Administration 

Act of 1974 (Pub. L. 93–275), as 

amended by the Federal Energy 

Administration Authorization Act of 

1977 (Pub. L. 95–70). (15 U.S.C. 788) 

Section 32 provides that where a 

proposed rule authorizes or requires use 

of commercial standards, the NOPR 

must inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the Department of Justice 

(DOJ) and the Federal Trade 

Commission (FTC) concerning the 

impact of the commercial or industry 

standards on competition. 

Although section 32 specifically refers 

to the proposed rule state, DOE is 

meeting these requirements at the final 

rule stage because there was no 

proposed rule for today’s action. 

Today’s final rule incorporates testing 

methods contained in the following 

commercial standard: ANSI/ASHRAE/ 

IESNA Standard 90.1–2010, Energy 

Standard for Buildings Except Low-Rise 

Residential Buildings, 2010, American 

Society of Heating Refrigerating and AirConditioning Engineers, Inc., ISSN 

1041–2336. 

DOE has evaluated these standards 

and is unable to conclude whether they 

fully comply with the requirements of 

section 32(b) of the FEAA (i.e. whether 

they were developed in a manner that 

fully provides for public participation, 

comment, and review.) DOE has 

consulted with both the Attorney 

General and the Chairman of the FTC 

about the impact on competition of 

using the methods contained in these 

standards and has received no 

comments objecting to their use. 

VII. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule prior to its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 10 CFR Part 433 

Buildings and facilities, Energy 

conservation, Engineers, Federal 

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Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations 40953 

buildings and facilities, Housing, 

Incorporation by reference. 

Issued in Washington, DC, on June 28, 

2013. 

David T. Danielson, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble, the Department of Energy 

amends chapter II of title 10 of the Code 

of Federal Regulations as set forth 

below: 

PART 433—ENERGY EFFICIENCY 

STANDARDS FOR NEW FEDERAL 

COMMERCIAL AND MULTI–FAMILY 

HIGH–RISE RESIDENTIAL BUILDINGS 

■ 1. The authority citation for part 433 

continues to read as follows: 

Authority: 42 U.S.C. 6831–6832; 6834– 

6835; 42 U.S.C. 7101 et seq. 

■ 2. Amend § 433.2 by adding in 

alphabetical order the definition of 

‘‘ASHRAE Baseline Building 2010’’ to 

read as follows: 

§ 433.2 Definitions. 

* * * * * 

ASHRAE Baseline Building 2010 

means a building that is otherwise 

identical to the proposed building but is 

designed to meet, but not exceed, the 

energy efficiency specifications in 

ANSI/ASHRAE/IESNA Standard 90.1– 

2010, Energy Standard for Buildings 

Except Low-Rise Residential Buildings, 

2010 (incorporated by reference, see 

§ 433.3). 

* * * * * 

■ 3. Amend § 433.3 by adding paragraph 

(b)(3) to read as follows: 

§ 433.3 Materials incorporated by 

reference. 

* * * * * 

(b) * * * 

(3) ANSI/ASHRAE/IESNA 90.1–2010, 

(‘‘ASHRAE 90.1–2010’’), Energy 

Standard for Buildings Except Low-Rise 

Residential Buildings, I–P Edition, 

Copyright 2010, IBR approved for 

§§ 433.2, 433.4, 433.5. 

■ 4. Section 433.4 is amended by 

revising paragraph (a)(2) introductory 

text and adding paragraph (a)(3) to read 

as follows: 

§ 433.4 Energy efficiency performance 

standard. 

(a) * * * 

(2) All Federal agencies shall design 

new Federal buildings that are 

commercial and multi-family high-rise 

residential buildings, for which design 

for construction began on or after 

August 10, 2012, but before July 9, 2014, 

to: 

* * * * * 

(3) All Federal agencies shall design 

new Federal buildings that are 

commercial and multi-family high-rise 

residential buildings, for which design 

for construction began on or after July 

9, 2014, to: 

(i) Meet ASHRAE 90.1–2010, 

(incorporated by reference, see § 433.3); 

and 

(ii) If life-cycle cost-effective, achieve 

energy consumption levels, calculated 

consistent with paragraph (b) of this 

section, that are at least 30 percent 

below the levels of the ASHRAE 

Baseline Building 2010. 

* * * * * 

■ 5. Section 433.5 is amended by 

revising paragraph (a)(2) and adding 

paragraph (a)(3) to read as follows: 

§ 433.5 Performance level determination. 

(a) * * * 

(2) For Federal buildings for which 

design for construction began on or after 

August 10, 2012, but before July 9, 2014, 

each Federal agency shall determine 

energy consumption levels for both the 

ASHRAE Baseline Building 2007 and 

proposed building by using the 

Performance Rating Method found in 

Appendix G of ASHRAE 90.1–2007 

(incorporated by reference, see § 433.3), 

except the formula for calculating the 

Performance Rating in paragraph G1.2 

shall read as follows: 

Percentage improvement = 100 × 

((Baseline building consumption ¥ 

Receptacle and process loads) ¥ 

(Proposed building consumption ¥ 

Receptacle and process loads))/(Baseline 

building consumption ¥ Receptacle 

and process loads) (which simplifies as 

follows): 

Percentage improvement = 100 × 

(Baseline building consumption ¥ 

Proposed building consumption)/ 

(Baseline building consumption ¥ 

Receptacle and process loads). 

(3) For Federal buildings for which 

design for construction began on or after 

July 9, 2014, each Federal agency shall 

determine energy consumption levels 

for both the ASHRAE Baseline Building 

2010 and proposed building by using 

the Performance Rating Method found 

in Appendix G of ASHRAE 90.1–2010 

(incorporated by reference, see § 433.3), 

except the formula for calculating the 

Performance Rating in paragraph G1.2 

shall read as follows: 

Percentage improvement = 100 × 

((Baseline building consumption ¥ 

Receptacle and process loads) ¥ 

(Proposed building consumption ¥ 

Receptacle and process loads))/(Baseline 

building consumption ¥ Receptacle 

and process loads) (which simplifies as 

follows): 

Percentage improvement = 100 × 

(Baseline building 

consumption¥Proposed building 

consumption)/(Baseline building 

consumption ¥ Receptacle and process 

loads). 

* * * * * 

[FR Doc. 2013–16297 Filed 7–8–13; 8:45 am] 

BILLING CODE 6450–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Parts 701 and 741 

RIN 3133–AEOO 

Loan Participations; Purchase, Sale 

and Pledge of Eligible Obligations; 

Purchase of Assets and Assumption of 

Liabilities; Extension of Effective Date 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule; notice of extension of 

effective date. 

SUMMARY: On June 20, 2013, the NCUA 

Board (Board) approved, with a 30-day 

effective date, a final rule titled Loan 

Participations; Purchase, Sale and 

Pledge of Eligible Obligations; Purchase 

of Assets and Assumption of Liabilities, 

effective July 25, 2013. The Board 

extends the effective date for the final 

rule to September 23, 2013, to provide 

federally insured credit unions with 

additional time to prepare to comply 

with the final rule. 

DATES: The effective date of the final 

rule published June 25, 2013 (78 FR 

37946) is extended from July 25, 2013, 

to September 23, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Pamela Yu, Staff Attorney, Office of 

General Counsel, National Credit Union 

Administration, 1775 Duke Street, 

Alexandria, Virginia 22314–3428, or 

telephone (703) 518–6540; or Matthew J. 

Biliouris, Director of Supervision, Office 

of Examination and Insurance, National 

Credit Union Administration, 1775 

Duke Street, Alexandria, Virginia 

22314–3428, or telephone (703) 518– 

6360. 

SUPPLEMENTARY INFORMATION: The 

above-referenced final rule regarding 

loan participations was published at 78 

FR 37946 (June 25, 2013) with an 

effective date of July 25, 2013. The 

Board extends the effective date to 

September 23, 2013, to provide federally 

insured credit unions with additional 

time to prepare to comply with the final 

rule. 

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