43298 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 

therefore not a significant energy action. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

I. Review Under Executive Order 13175 

Executive Order 13175. ‘‘Consultation 

and Coordination with Indian tribal 

Governments’’ (65 FR 67249 (Nov. 9, 

2000)), requires DOE to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ refers to regulations that 

have ‘‘substantial direct effects on one 

or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ Today’s 

regulatory action is not a policy that has 

‘‘tribal implications’’ under Executive 

Order 13175. DOE has reviewed today’s 

action under Executive Order 13175 and 

has determined that it is consistent with 

applicable policies of that Executive 

Order. 

Issued in Washington, DC, on July 13, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–18251 Filed 7–19–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Docket No. EERE–2006–BC–0132] 

RIN 1904–AC42 

Building Energy Standards Program: 

Preliminary Determination Regarding 

Energy Efficiency Improvements in the 

Energy Standard for Buildings, Except 

Low-Rise Residential Buildings, ANSI/ 

ASHRAE/IESNA Standard 90.1–2010 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of preliminary 

determination. 

SUMMARY: The Department of Energy 

(DOE) has preliminarily determined that 

the 2010 edition of the Energy Standard 

for Buildings, Except Low-Rise 

Residential Buildings, American 

National Standards Institute (ANSI)/ 

American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers (ASHRAE) Illuminating 

Engineering Society of North America 

(IESNA) Standard 90.1–2010, (Standard 

90.1–2010 or the 2010 edition) would 

achieve greater energy efficiency in 

buildings subject to the code, than the 

2007 edition (Standard 90.1–2007 or the 

2007 edition). Also, DOE has 

preliminarily determined that the 

quantitative analysis of the energy 

consumption of buildings built to 

Standard 90.1–2010, as compared with 

buildings built to Standard 90.1–2007, 

indicates national source energy savings 

of approximately 18.2 percent of 

commercial building energy 

consumption. Additionally, DOE has 

preliminarily determined site energy 

savings are estimated to be 

approximately 18.5 percent. If these 

determinations are 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 code to meet or exceed 

the energy efficiency of Standard 90.1– 

2010. Additionally, this notice provides 

guidance to States on Certifications, and 

Requests for Extensions of Deadlines for 

Certification Statements, should the 

preliminary determination be adopted 

as final. 

DATES: Comments on the preliminary 

determination must be provided by 

August 19, 2011. 

ADDRESSES: You may submit comments, 

identified by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: ASHRAE90.1-2010–DET0050@ee.doe.gov. Include RIN 1904– 

AC42 in the subject line of the message. 

• Postal Mail: Michael Erbesfeld, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Forrestal Building, Mail Station EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121, Please 

submit one signed paper original. 

• Hand Delivery/Courier: Michael 

Erbesfeld, U.S. Department of Energy, 

Building Technologies Program, Room 

6003, 1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Instructions: All submissions must 

include the agency name, Department of 

Energy, and docket number, EERE– 

2006–BC–0132, or Regulatory 

Information Number (RIN), 1904–AC42, 

for this preliminary determination. 

FOR FURTHER INFORMATION CONTACT: 

Michael Erbesfeld, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Forrestal Building, 

Mail Station EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, (202) 287–1874, e-mail: 

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

issues contact Mrs. Kavita 

Vaidyanathan, U.S. Department of 

Energy, Office of the General Counsel, 

Forrestal Building, GC–71, 1000 

Independence Avenue, SW., 

Washington, DC 20585, (202) 586–0669, 

e-mail: 

Kavita.Vaidyanathan@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Statutory Requirements 

B. Background 

1. Publication of Standard 90.1–2010 

2. Analysis Methodology 

II. Summary of the Comparative Analysis 

A. Qualitative Analysis 

1. Discussion of Detailed Textual Analysis 

2. Results of Detailed Textual Analysis 

B. Quantitative Analysis 

1. Discussion of Whole Building Energy 

Analysis 

2. Results of Whole Building Energy 

Analysis 

C. Preliminary Determination Statement 

III. Filing Certification Statements With DOE 

A. Review and Update 

B. Certification 

C. Requests for Extensions to Certify 

IV. Regulatory Analysis 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the National 

Environmental Policy Act of 1969 

D. Review Under Executive Order 13132, 

‘‘Federalism’’ 

E. Review Under the Unfunded Mandates 

Reform Act of 1995 

F. Review Under the Treasury and General 

Government Appropriations Act of 1999 

G. Review Under the Treasury and General 

Government Appropriations Act of 2001 

H. Review Under Executive Order 13211 

I. Review Under Executive Order 13175 

V. Public Participation 

I. Introduction 

A. Statutory Requirements 

Title III of the Energy Conservation 

and Production Act, as amended 

(ECPA), establishes requirements for the 

Building Energy Efficiency Standards 

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 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 two 

years after the date of the publication of 


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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)) The 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 a positive determination. (42 

U.S.C. 6833(b)(2)(B)(ii)). Published 

elsewhere in this Federal Register issue 

is the DOE’s final determination 

updating the reference code to Standard 

90.1–2007. 

ECPA also requires the Secretary to 

permit extensions of the deadlines for 

the State certification if a State can 

demonstrate that it has made a good 

faith effort to comply with the 

requirements of Section 304(c) of ECPA 

and that it has made significant progress 

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

B. Background 

1. Publication of Standard 90.1–2010 

ASHRAE and the Illuminating 

Engineering Society of North America 

(IESNA) approved the publication of the 

2010 edition of Energy Standard for 

Buildings Except Low-rise Residential 

Buildings, in October 2010. 

The Standard was developed under 

ANSI-approved consensus standard 

procedures. Standard 90.1 is under 

continuous maintenance by a Standing 

Standard Project Committee (SSPC) for 

which the ASHRAE Standard 

Committee has established a 

documented program for regular 

publication of addenda or revisions, 

including procedures for timely, 

documented, consensus action on 

requests for change to any part of the 

standard. The American National 

Standards Institute (ANSI) approves 

addenda prior to their publication by 

ASHRAE and IESNA and prior to their 

inclusion in a new version of Standard 

90.1. ANSI approved the final 

addendum for inclusion in Standard 

90.1–2010 on July 24, 2010. Appeals 

were made to several addenda and the 

results of the appeals process was not 

final until October 15, 2010. The 2010 

edition was published on October 28, 

2010. 

2. Analysis Methodology 

In arriving at a preliminary 

determination, the DOE first reviewed 

all significant changes between the 2010 

edition and the 2007 edition 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 simple storage 

buildings to complex hospitals and 

laboratories. The size of buildings 

addressed range from those smaller than 

single family homes to the largest 

buildings in the world. The approach to 

development of the standard used in the 

2010 edition was not changed from that 

used for the 2007 edition, with no 

changes to the scope or the way 

components are defined. DOE 

preliminarily determined that because 

no significant changes were made to the 

structure, scope, or component 

definitions of Standard 90.1–2007, a 

similar methodology used for the 

analysis of Standard 90.1–2007 could be 

utilized for the analysis of Standard 

90.1–2010, consisting of a qualitative 

comparison of the textual changes to 

requirements in Standard 90.1–2010 

from Standard 90.1–2007, and a 

quantitative estimate of the energy 

savings developed from whole building 

simulations of a standard set of 

buildings constructed to both Standards 

over a range of U.S. climates. DOE used 

an extension of the procedure used for 

the Standard 90.1–2007 determination 

for the quantitative estimate of energy 

savings. The extension was that 

additional building types were added to 

the analysis. DOE used the same 

simulation tool and data for weighing 

the results by building type and climate 

as used for the 90.1–2007 

determination. 

A discussion of the analysis 

methodology, which was subject to 

public comment in 2009, can be found 

in the Notice of Preliminary 

Determination for Standard 90.1–2007, 

which was published in the Federal 

Register. 75 FR 54117 (Sept. 3, 2010) 

DOE recognizes that the methodology 

proposed for the quantitative analysis 

will be insufficient for determining an 

absolute quantification of energy 

savings estimates associated with using 

Standard 90.1–2010 (e.g., total quads of 

energy savings) and makes no such 

claim for the analysis on which this 

preliminary determination relies. DOE’s 

quantitative analysis includes many of 

the changes brought about in Standard 

90.1–2010 that can be modeled, but this 

quantitative analysis is not able to 

quantify accurately all the likely effects 

of the new standard. In particular, the 

degree to which the market may react to 

certain changes brought about following 

the adoption of a new building code, 

and the degree to which different 

requirements are currently being met or 

will be met in future construction, are 

exceedingly difficult to ascertain and 

would affect the absolute quantification 

of energy savings. However, DOE 

believes that the quantitative 

determination process outlined does 

provide a reasonable approach to 

establishing whether, in concert, the 

changes brought about by ASHRAE 

Standard 90.1–2010 will result in 

improved energy efficiency in buildings 

over ASHRAE Standard 90.1–2007. 

DOE continues to believe that the 

preliminary determination should rely 

on both quantitative and qualitative 

comparisons. While quantitative 

estimates of energy savings are indeed a 

much preferred method of comparison, 

it is not always possible to simulate or 

provide appropriate weighting to many 

features in Standard 90.1. Therefore, 

DOE will continue to note changes that 

individually or in net result in increased 

energy efficiency, even where they 

could not be accurately quantified. 

States can use this information when 

upgrading their energy codes. 

DOE continues to believe that the 

quantitative analysis should be based on 

the minimum requirements of each 

standard that reflect the minimum set of 

options available in new construction. 

In assessing the impact of those 

requirements, DOE also believes that 

assessment should be based on an 

estimate of typical construction 

practices. DOE believes that this has 

been done in the quantitative analysis. 

For this preliminary determination, 

DOE utilized 5 years of previous 

building construction data, as 

developed using proprietary F.W. Dodge 

building statistical data by building type 

and by location down to the county 

level and purchased by DOE, to develop 

weighting factors to weight the building 

simulation results. (A summary of the 

data is available in a PNNL report— 

PNNL–19116—Jarnagin and 

Bandyopodhyay, 2010, Weighting 

Factors for the Commercial Building 

Prototypes used in the Development of 

ANSI/ASHRAE/IESNA Standard 90.1– 

2010 at http://www.pnl.gov/main/ 

publications/external/technical_reports/ 

PNNL-19116.pdf.) Past determinations 

have relied on new construction floor 

space growth estimates extracted from 

the Energy Information Administration’s 

(EIA) National Energy Modeling System 

(NEMS) as the basis for weighting 

energy savings across building types 

and regions. DOE believes that for the 

purpose of this analysis the F.W. Dodge 

construction data provides better 


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mapping of actual construction by 

region and building type than could be 

obtained using the EIA/NEMS data. In 

particular, the use of county-level 

construction data allowed DOE to 

develop building construction statistics 

directly reflecting construction in each 

of the ASHRAE climate regions, 

avoiding many assumptions on regional 

construction volume that would be 

necessary using the EIA/NEMS data. 

Consistent with the previous analysis 

for Standard 90.1–2007, DOE compared 

versions of Standard 90.1 ‘‘as a whole’’ 

and did not issue determinations for 

individual addenda. 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 90.1–2010), then that 

revised or successor standard triggers 

the Secretary’s obligation to issue a 

determination as to whether the revised 

standard improves energy efficiency. 

This determination is made by 

comparing the revised or successor 

standard to the last predecessor 

standard. While the addenda process is 

part of the ongoing maintenance of the 

standard and thus continually modifies 

or revises the existing standard over 

time, it would be an unreasonable 

reading of the statute to categorize each 

addenda in this maintenance process as 

a ‘‘revised or successor standard’’ 

within the meaning of Section 304(b)(2) 

of ECPA, so as to require a 

determination by the Secretary. Such an 

interpretation of the statute would put 

an unreasonable burden both on the 

States and DOE. For the States, a 

determination by the Secretary requires 

some State action, and what is required 

depends upon whether the Secretary 

issues an affirmative or a negative 

determination. If the Secretary were 

required to issue a determination after 

each addenda was published, the States 

would be constantly required to change 

their codes. This would affect the 

stability and certainty of State 

commercial building codes. 

The statutory language in 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)) The Secretary must 

publish a notice of this determination in 

the Federal Register. The language does 

not require that DOE perform an 

independent economic analysis as part 

of the determination process. Section 

304(b) of ECPA does not include any 

reference to language concerning 

economic justification. 

However, Congress did address 

consideration of the technological 

feasibility and cost effectiveness of the 

Voluntary Building Energy Codes. 

Section 307 of ECPA requires DOE to 

participate in the ASHRAE process and 

to assist in determining the cost 

effectiveness and technical feasibility of 

the ASHRAE standard. (42 U.S.C. 6836) 

It also 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)) 

The fact that the Section 304 of ECPA 

determination process does not require 

the Secretary to perform an economic 

analysis does not diminish the 

importance that the ASHRAE standards 

be technologically feasible and 

economically justified. However, the 

statute addresses these issues by 

directing DOE to participate in the 

ASHRAE process itself. 

DOE has chosen to use the same DOE 

Reference Buildings (formerly called 

Benchmark buildings) in the 

quantitative analysis for Standard 90.1– 

2010 as used in the Standard 90.1–2007 

quantitative analysis. The only 

significant difference is that one 

additional building model, representing 

high-rise multi-family construction is 

now available for use in the analysis. 

DOE’s preliminary quantitative 

determination was carried out using the 

EnergyPlus building simulation tool. 

DOE switched to use of EnergyPlus for 

the Standard 90.1–2007 analysis and 

has continued to use Energy Plus since 

then. The current version of Energy 

Plus, EnergyPlus version 4.0, was used 

for this preliminary determination. 

II. Summary of the Comparative 

Analysis 

DOE carried out both a detailed 

qualitative analysis and a broad 

quantitative analysis of the differences 

between the requirements and the 

stringencies in the 2007 and the 2010 

editions of Standard 90.1. 

A. Qualitative Analysis 

1. Discussion of Detailed Textual 

Analysis 

DOE performed a detailed analysis of 

the differences between the textual 

requirements and stringencies of the 

2007 and 2010 editions in the scope of 

the standard, the building envelope 

requirements, the building lighting and 

power requirements, and the building 

mechanical equipment requirements. 

The emphasis of DOE’s detailed 

requirement and stringency analysis 

was on looking at the specific changes 

that ASHRAE made in going from 

Standard 90.1–2007 to Standard 90.1– 

2010. ASHRAE publishes changes to 

their standards as addenda to the 

preceding standard and then bundles all 

the addenda together to form the next 

edition. ASHRAE processed 109 

addenda to Standard 90.1–2007 to 

create Standard 90.1–2010. Each of 

these addenda was evaluated by DOE in 

preparing this preliminary 

determination. 

In addition, each standard has 

multiple ways to demonstrate 

compliance, including a prescriptive set 

of requirements by section of the 

standard, various tradeoff approaches 

within those same sections, and a whole 

building performance method (Energy 

Cost Budget or ECB). For each 

addendum DOE identified whether it 

applies to the prescriptive requirements, 

or one of the tradeoff paths provided for 

in the envelope, lighting, or mechanical 

sections, or the ECB whole building 

performance path. For each addendum 

DOE identified the impact on the 

stringency for that path to compliance. 

Overall, DOE found that the vast 

majority of changes made to Standard 

90.1–2007 to create Standard 90.1–2010 

were positive or neutral (in the context 

of energy efficiency). Positive changes 

greatly outweighed the negative energy 

efficiency changes. Specifically, of the 

109 total changes: 

56 were considered positive, 

47 were considered neutral, 

6 were considered negative. 

The 56 positive changes greatly 

overwhelm the 6 negative changes in 

terms of a simple numerical 

comparison. In addition, the 6 negative 

changes were considered to be ‘‘minor 

negatives’’, with 19 of the positive 

changes being considered ‘‘major 

positive’’ and an additional 37 positive 

changes being considered ‘‘minor 

positive’’. Not only do the positive 

changes outweigh the negative changes 

in raw numbers, but also in terms of the 

estimated impact. 

2. Results of Detailed Textual Analysis 

Table 1 presents the results of DOE’s 

addendum-by-addendum analysis of 

Standard 90.1–2010. Table 6 is a 

reformatted and slightly modified 

version of a table in the preliminary 

qualitative analysis. The complete 

preliminary qualitative analysis may be 

found on the DOE codes Web site at 

http://www.energycodes.gov/status/ 

determinations_com.stm. 


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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

1 ........... a ............... 6. Heating, Ventilating, and Air Conditioning.Remove closed cooling tower requirements from 6.8.1G.0 (clarifies that requirements do not 

apply to closed cooling towers). 

2 ........... b ............... 6. Heating, Ventilating, and Air Conditioning.Revises exception a to section 

6.5.2.3 to allow for codes other 

than ASHRAE 62.1 to dictate minimum ventilation rates.

Minor ¥ (allows larger minimum ventilation rates if required by other 

codes). 

3 ........... c ............... 6. Heating, Ventilating, and Air Conditioning.Adds vivarium to list of spaces that 

require specific humidity levels to 

satisfy process needs.

Minor ¥ (allows exception to 

dehumidification controls for 

vivariums). 

4 ........... d ............... 3. Definitions, Abbreviations, and 

Acronyms; 5. Building Envelope; 9. 

Lighting.

Adds exceptions for Solar Heat Gain 

Coefficient (SHGC) and Visible 

Transmittance (VT) requirements 

for skylights; adds requirement for 

including visible light transmittance 

test results with construction documents; adds information on determining daylit area under skylights, 

automatic daylighting controls (with 

exceptions), and submittal requirements.

Major + (requires daylighting controls 

under skylights and commissioning 

of daylighting controls). 

5 ........... e ............... 6. Heating, Ventilating, and Air Conditioning.Changes exhaust air energy recovery 

requirements and harmonizes requirements in simplified section 

6.3.2 with requirements in the 6.5 

prescriptive path.

Major + (increased use of heat recovery). 

6 ........... f ................ 5. Building Envelope .......................... Requires high albedo roofs in hot climates.Major + (requires cool roofs in hot climates). 

7 ........... g ............... 3. Definitions, Abbreviations, and 

Acronyms; 5. Building Envelope.

Updates building envelope criteria for 

metal buildings.

Minor + (increases envelope requirements for metal buildings). 

8 ........... h ............... 6. Heating, Ventilating, and Air Conditioning.Adds another exception to Section 

6.5.2.1 Limitation of Simultaneous 

Heating and Cooling. The exception addresses apparent conflict 

between standards and allows 

users to achieve comfort, meet the 

code, and save energy.

Minor + (allows another exception 

that saves energy in some applications). 

9 ........... i ................ 9. Lighting .......................................... Applies a four-zone lighting power 

density approach to exterior lighting requirements. Deletes the 5% 

additional power allowance in 9.4.5 

and replaces it with a base wattage allowance per site. Defines the 

four zones and applies the appropriate requirements.

Major + (lowers illuminance requirements in certain zones). 

10 ......... j ................ 6. Heating, Ventilating, and Air Conditioning; 12. Normative References; Appendix E. Informative 

References.

Updates the mechanical test procedures references in the standard. 

The changes also modify a reference in Table 6.8.1E, the normative references in Chapter 12, 

and the informative references in 

Informative Appendix E.

0 (updating references). 

11 ......... k ............... 6. Heating, Ventilating, and Air Conditioning.Updates Tables 6.8.1E and 7.8 to 

identify specific sections of referenced standards. Table 7.8 also 

reflects the current federal efficiency levels for residential water 

heaters and adds a requirement for 

electric table-top water heaters.

0 (updating tables to reflect current 

federal standards). 

12 ......... l ................ 6. Heating, Ventilating, and Air Conditioning.Adds minimum efficiency and certification requirements for axial and 

centrifugal fan closed-circuit cooling towers. Also adds a reference 

to ATC–105S, The Cooling Technology Institute test standard for 

closed-circuit cooling towers to 

Section 12.

0 (Requirement codifies industry 

standard practice). 


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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

13 ......... m ............. 6. Heating, Ventilating, and Air Conditioning.Updates chiller efficiency requirements. Establishes additional path 

of compliance for water-cooled 

chillers. Combines all water-cooled 

chillers into one category and adds 

a new size category for centrifugal 

chillers at or above 600 tons.

Major + (updates chiller efficiency requirements). 

14 ......... n .............. 6. Heating, Ventilating, and Air Conditioning.Extends Variable Air Volume (VAV) 

fan control requirements to large 

single-zone units.

Major + (extends control requirements to another equipment class). 

15 ......... o .............. 8. Power ............................................. Modifies the scope of Section 8 and 

adds requirements specific to low 

voltage dry-type distribution transformers.

0 (implements Federal efficiency 

standards for transformers). 

16 ......... p .............. 6. Heating, Ventilating, and Air Conditioning.Provides pressure credits for laboratory exhaust systems that allow 

prescriptive compliance with the 

standard.

Minor ¥ (increases allowable pressure drop in laboratory exhaust 

systems). 

17 ......... q .............. 5. Building Envelope .......................... Vestibules, remove CZ4 exception .... Minor + (applies vestibule requirement in more locations). 

18 ......... r ............... Informative Appendix G. Performance 

Rating Method.

Changes Informative Appendix G 

Performance Rating Method into a 

Normative Appendix. Additionally, 

some language has been modified 

to make the Appendix Enforceable.

0 (performance rating method only). 

19 ......... s ............... 6. Heating, Ventilating, and Air Conditioning.Updates the Coefficient of Performance (COP) at 17 °F efficiency levels for commercial heat pumps and 

introduces a new part-load energy 

efficiency descriptor (IEER) for all 

commercial unitary products above 

65,000 Btu/h of cooling capacity.

0 (replaces Integrated Part Load 

Value (IPLV) with Energy Efficiency Ratio (EER) to capture part 

load performance). 

20 ......... t ............... 6. Heating, Ventilating, and Air Conditioning.Removes the term ‘‘replacement’’ 

and ‘‘new construction’’ from the 

product classes listed in Table 

6.8.1D and replaces them with the 

terms ‘‘nonstandard size’’ and 

‘‘standard size’’ to clarify that one 

product class is intended for applications with nonstandard size exterior wall openings while the other is 

intended for applications with 

standard size exterior wall openings. Also amends section 

6.4.1.5.2 and footnote b to Table 

6.8.1D to clarify that nonstandard 

size packaged terminal equipment 

have sleeves with an external wall 

opening less than 16 in. high or 

less than 42 in. wide to reflect existing applications where the wall 

opening is not necessarily less 

than 16 in. high and less than 42 

in. wide. However, to avoid a potential abuse of the definition, nonstandard size packaged terminal 

equipment are required to have a 

cross-sectional area of the sleeves 

less than 670 in2.

0 (clarification of definitions). 

21 ......... u .............. 6. Heating, Ventilating, and Air Conditioning.Adds a new section requiring centrifugal fan open-circuit cooling 

towers over 1100 gpm at the rating 

conditions to meet efficiency requirements for axial fan units found 

in 6.8.1G.

Minor + (applies cooling tower requirements more broadly). 


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TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

22 ......... v ............... 6. Heating, Ventilating, and Air Conditioning; 12. Normative References.Revises section 6.4.2.1 to reference 

ANSI/ASHRAE/ACCA Standard 

183–2007 for sizing heating and 

cooling system design loads. Adds 

requirements for calculating pump 

head.

0 (updates references). 

23 ......... w .............. Normative Appendix G. Performance 

Rating Method.

Changes footnote to Table G3.1.1A 

to make it clear that Exception a to 

Section G3.1.1 also applies here. 

Changes the exception to 

G3.1.2.10 on Exhaust Air Energy 

Recovery for multifamily buildings 

because they are unlikely to have 

a centralized exhaust air system 

needed to effectively recover heat.

0 (performance rating method) 

24 ......... x ............... 9. Lighting .......................................... Updates requirements for automatic 

lighting shutoff, adds specific occupancy sensor applications, and 

provides additional clarification.

Major + (adds occupancy sensor requirements for many specific applications). 

25 ......... y ............... 7. Service Water Heating ................... Establishes ARI 1160 as the test procedure for heat pump pool heaters 

and requires that the minimum 

COP of 4 be met at the low outdoor temperature of 50 °F.

Minor + (requires COP be met at 

lower temperature). 

26 ......... aa ............ 9. Lighting .......................................... Adds space exceptions for automatic 

lighting controls.

Minor + (limits automatic-on controls 

to specific space types). 

27 ......... ab ............ 3. Definitions, Abbreviations, and 

Acronyms; and 9. Lighting.

Adds definitions and provides 

daylighting control requirements for 

side-lighted spaces.

Major + (adds daylighting control requirements for side-lighted 

spaces). 

28 ......... ac ............. 3. Definitions, Abbreviations, and 

Acronyms; 9. Lighting.

Adds incentives to use advanced 

lighting controls.

0 (alternate compliance path). 

29 ......... ad ............ 6. Heating, Ventilating, and Air Conditioning.Includes certification requirements for 

liquid-to-liquid heat exchangers to 

benefit both manufacturers and 

consumers, allow product comparisons, and provide incentives to 

manufacturers to improve efficiency in order to gain market 

share.

0 (documentation only). 

30 ......... ae ............ 6. Heating, Ventilating, and Air Conditioning.Adds a requirement for insulating the 

surfaces of radiant panels that do 

not face conditioned spaces.

Minor + (reduced heat loss in radiant 

panels). 

31 ......... af ............. 6. Heating, Ventilating, and Air Conditioning.Provides requirement for designers, 

contractors, and owners to properly 

size system piping (hydronic systems) to balance ongoing energy 

costs and first costs.

Minor + (requires proper hydronic 

system sizing). 

32 ......... ag ............ 5. Building Envelope .......................... Adds requirement for rigid board insulation overlap.Minor + (reduces potential for thermal 

bridging). 

33 ......... ai .............. Normative Appendix G. Performance 

Rating Method.

Removes requirement for comparing 

proposed buildings utilizing chilled 

water with a baseline building with 

on-site chillers, and instead requires a baseline that also uses 

purchased chilled water. Details 

modifications to be made to the 

baseline HVAC systems when purchased chilled water or heat are included.

0 (alternative compliance path). 

34 ......... aj .............. 10. Other Equipment .......................... Updates the text and table of Chapter 10 to comply with new federal 

law for motors rated at 1.0 horsepower and greater. Adding this information will help designers, enduse customers, and code officials 

with motor specifications and 

verifications.

0 (implements Federal motor requirements). 


sroberts on DSK5SPTVN1PROD with NOTICES
43304 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 

TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

35 ......... ak ............. 6. Heating, Ventilating, and Air Conditioning.Adds a pump isolation requirement 

for systems with multiple chillers 

and boilers and temperature reset 

requirement for equipment with a 

minimum Btu/h. Revises wording to 

have requirements of 6.5.4.1 apply 

only to cooling systems. Changes 

threshold of variable speed systems to 7.5 HP. Adds requirement 

for differential pressure reset. Does 

not preclude also implementing 

chilled water supply temperature 

setpoint reset. Includes requirements for hydronic Heat Pump and 

Water-Cooled Unitary Air Conditioners.

Minor + (reduces pumping energy). 

36 ......... al .............. 5. Building Envelope .......................... Adds skylight requirements in certain 

space types (enclosed spaces) to 

promote daylighting energy savings.

Major + (requires skylights and 

daylighting in some building types. 

37 ......... am ........... 5. Building Envelope .......................... Revise air leakage criteria for fenestration and doors.Minor + (decreased air leakage). 

38 ......... an ............ 5. Building Envelope .......................... Expands table of default U-values for 

single-digit rafter roofs.

0 (updates default tables). 

39 ......... ao ............ 6. Heating, Ventilating, and Air Conditioning.Repairs know errata to Table 6.8.1E 

and re-orders the notes to properly 

organize them. Corrects the error 

of identifying EC, which should be 

listed as Et under ‘‘Warm Air Furnaces, Gas-Fired’’ and also eliminates incorrect and redundant footnotes.

0 (editorial only). 

40 ......... ap ............ 6. Heating, Ventilating, and Air Conditioning.Includes demand controlled ventilation in the simplified approach.Major + (reduces ventilation energy). 

41 ......... aq ............ Title, 1. Purpose, and 2. Scope ......... Modify Title Purpose & Scope of 

ASHRAE 90.1.

0 (no impact now, but does allow future positive additions to Standard 

90.1). 

42 ......... ar ............. 9. Lighting .......................................... Corrects an oversight in previous 

versions where expanded exterior 

lighting power limits were put in 

place but the details of how to calculate the installed power and 

compare it to the limits was not included. This language revision puts 

the needed details in the standard.

0 (editorial only). 

43 ......... as ............. 6. Heating, Ventilating, and Air Conditioning.Removes exception for VAV turndown requirements for zones with 

special pressurization requirements. Reduces laboratory threshold where VAV or heat recovery is 

required.

Minor + (saves large amount of fan 

and reheat energy in hospitals). 

44 ......... at ............. 6. Heating, Ventilating, and Air Conditioning.Clears up inconsistencies and conflicts regarding damper requirements in Chapter 6.0 (editorial only). 

45 ......... au ............ 6. Heating, Ventilating, and Air Conditioning.Updates efficiency tradeoff table for 

eliminating economizers.

0 (alternate compliance path). 

46 ......... av ............. 9. Lighting .......................................... Changes Section 9.1.2 to require that 

in all spaces where alterations take 

place, all requirements of Section 9 

are met. Changes exception so 

that the lighting power density 

(LPD) requirements of the standard 

are met in the altered space if less 

than 10% of luminaries are replaced.

Major + (expansion of new lighting 

power densities to more retrofits). 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 43305 

TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

47 ......... aw ............ 9. Lighting .......................................... Recognizes practical design application of excluding bathroom lighting 

from ‘‘master’’ switch control in 

hotel/motel guest rooms and adds 

a requirement to eliminate wasted 

light in guest room bathrooms. 

Adds a 5W allowance for night 

lights that recognizes the practical 

current design application of guest 

room bathroom night light use but 

at a reasonable low level.

Minor ¥ (adds additional lighting allowance). 

48 ......... ax ............. 3. Definitions, Abbreviations, and 

Acronyms; 6. Heating, Ventilating, 

and Air Conditioning.

Expands requirements for Kitchen 

Exhaust Systems (formerly 

Kitc8.4.1hen Hoods). Includes addition of definitions for transfer air, 

replacement air, and makeup air. 

Add Table 6.5.7.1.3 defining the 

maximum exhaust flow rate 

through various hood types (CFM/ 

Linear Foot of Hood Length). Include provisions for hoods with 

flows greater than 5,000 CFM. Require performance testing to evaluate design airflow rates and demonstrate capture and containment 

performance.

Minor + (more stringent kitchen exhaust requirements). 

49 ......... ay ............. 9. Lighting .......................................... Change that requires users to identify 

spaces by function.

Minor + (requires users to use proper 

LPDs). 

50 ......... az ............. 9. Lighting .......................................... Adds requirements for lighting controls to be functionally tested to ensure proper use and appropriate 

energy savings.

Minor + (requires testing of lighting 

systems). 

51 ......... ba ............ 6. Heating, Ventilating, and Air Conditioning.Allows a system performance option 

that allows for compensating for 

the insulating value of the piping 

while maintaining the same net 

thermal requirements.

0 (alternative compliance path). 

52 ......... bc ............. 5. Building Envelope .......................... Clarifies that the requirements in 

Section 5.5.4.2.3 are also specified 

for unconditioned spaces.

0 (clarification only). 

53 ......... bd ............ 8. Power ............................................. Removes emergency circuits not 

used for normal building operation 

from the requirements which will 

lead to increased compliance. Allows for an increased conformance/use of 90.1 standard by eliminating issues of impracticality of 

feeder drop requirements for emergency circuits and provides significant initial cost savings.

0 (removes emergency circuits from 

requirements, but only impact is 

when emergency circuits are activated). 

54 ......... bf ............. 3. Definitions, Abbreviations, and 

Acronyms; 4. Administration and 

Enforcement; 5. Building Envelope.

Modifies language to include performance requirements for air leakage of the opaque envelope.Minor + (reduces air leakage allowances in opaque envelope). 

55 ......... bg ............ 6. Heating, Ventilating, and Air Conditioning; 12. Normative References.Establishes a product class for waterto-water heat pumps. Intent is to 

recognize the technology in 90.1 

by requiring minimum energy efficiency standards. Cooling Energy 

Efficiency Ratios (EERs) and heating COPs are proposed for products with cooling capacities below 

135,000 Btu/h at standard rating 

conditions listed in International Organization for Standardization 

(ISO) standard 13256–2.

Minor + (adds requirement where no 

requirement previously existed). 


sroberts on DSK5SPTVN1PROD with NOTICES
43306 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 

TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

56 ......... bh ............ 6. Heating, Ventilating, and Air Conditioning.Provides requirements for multiple 

zone HVAC systems (that include 

simultaneous heating and cooling) 

to include controls that automatically raise the supply air-temperature when the spaces served are 

not at peak load conditions. Allows 

an override of the temperature 

reset if a maximum space humidity 

setpoint is exceeded. There is an 

exception from this requirement for 

warm and humid climate zones 1a, 

2a, and 3a.

Major + (requires supply air temperature reset for non-peak conditions). 

57 ......... bi .............. 6. Heating, Ventilating, and Air Conditioning.Updates requirements for piping insulation, including incorporation of 

new 90.1 SPPC economic criteria 

used in developing standard requirements. Adds footnotes to address constrained locations and 

clarify requirements for direct buried piping.

Minor + (reduced piping heat loss/ 

gain). 

58 ......... bj .............. Normative Appendix G. Performance 

Rating Method.

Adds an exception within Appendix G 

that allows users to claim energy 

cost savings credit for the increased ventilation effectiveness of 

certain HVAC system designs.

0 (alternative compliance path). 

59 ......... bk ............. 3. Definitions, Abbreviations and 

Acronyms; and 10. Other Equipment.

Includes the minimum efficiency requirements for both Subtype I and 

Subtype II motors as well as clarifies what specific motor types 

these requirements apply to.

0 (clarification only). 

60 ......... bl .............. 6. Heating, Ventilating, and Air Conditioning.Corrects the intent of the standard to 

not exempt all chillers with secondary coolants for freeze protection from coverage by Table 6.8.1C 

and removes ambiguity. Changes 

footnote a to Table 6.8.1C in recognition of lower practical scope 

limits for the lower limit introduced 

in Addendum M for centrifugal 

chillers.

Minor + (removes exemption for 

some chillers). 

61 ......... bm ........... 5. Building Envelope .......................... Coordinates terminology for visible 

transmittance with NFRC 200.

0 (terminology only). 

62 ......... bn ............ 5. Building Envelope; 11. Energy 

Cost Budget Method.

Limits use of poorly oriented fenestration—compliance shown by 

having more south-facing than 

west-facing fenestration. Provides 

exceptions for retail glass and 

buildings potentially shaded from 

the south or west. Exception also 

provided for certain additions and 

alterations.

Minor + (limits poor fenestration orientation). 

63 ......... bo ............ Normative Appendix G. Performance 

Rating Method.

Effort to keep requirements of Section 11 and Appendix G consistent 

with other addenda. Makes 

changes related to Addenda E, S, 

and U.

0 (alternative compliance path). 

64 ......... bp ............ 9. Lighting .......................................... Allows the use of control that provides automatic 50% auto on with 

the capability to manually activate 

the remaining 50% and has full 

auto-off.

Minor + (allows use of additional energy saving control strategy). 

65 ......... bq ............ 9. Lighting .......................................... Retail lighting additional allowance 

levels reduced.

Minor + (lower retail lighting energy). 

66 ......... br ............. 9. Lighting .......................................... Adds an exterior zone 0 to cover very 

low light requirement areas.

Minor + (reduced exterior lighting energy). 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 43307 

TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

67 ......... bs ............. 8. Power ............................................. Adds requirements to provide a 

means for non-critical receptacle 

loads to be automatically controlled 

based on occupancy or scheduling 

without additional individual desktop or similar controllers.

Minor + (reduces energy use during 

unoccupied periods). 

68 ......... bt ............. 6. Heating, Ventilating, and Air Conditioning.Modifies equation for determining the 

performance adjustment factor for 

chillers under nonstandard conditions. Adds labeling requirements 

for chillers to make compliance determinations simpler.

Minor + (chillers that were previously 

exempt are no longer exempt). 

69 ......... bu ............ 3. Definitions, Abbreviations, and 

Acronyms; and 6. Heating, Ventilating, and Air Conditioning.

Modifies and adds to requirements 

for computer rooms.

Major + (adds efficiency requirements 

for data centers). 

70 ......... bv ............. Normative Appendix G. Performance 

Rating Method.

Effort to keep requirements of Section 11 and Appendix G consistent 

with other addenda to 90.1. This 

addendum includes changes to 

Section 11 and Appendix G due to 

Addendum Y, AJ, BK, and AX.

0 (alternative compliance paths). 

71 ......... bw ............ 6. Heating, Ventilating, and Air Conditioning.Amends minimum energy efficiency 

requirements for standard-size 

package terminal equipment to be 

consistent with the new federal 

standards.

0 (implements existing Federal standards). 

72 ......... bx ............. 6. Heating, Ventilating, and Air Conditioning.Supplements changes made in 

addendums H and AS. Attempts to 

bring into alignment requirements 

of ASHRAE 90.1 and ASHRAE 

62.1. Limits the reheat supply air 

temperature from ceiling supply air 

devices to achieve better room air 

distribution and reduce shortcircuiting of air into ceiling return 

air inlets. Promotes alternative 

methods of heating perimeter 

spaces with high heat losses other 

than use of a VAV box with terminal reheat.

Minor + (limits reheat supply air temperatures). 

73 ......... by ............. 3. Definitions, Abbreviations, and 

Acronyms;.

9. Lighting ..........................................

Revision represents a complete review, update, correction, and restructuring of the modeling and calculation basis for the space type 

and resulting whole building type 

lighting power densities.

Major + (lowered lighting power densities). 

74 ......... ca ............. 6. Heating, Ventilating, and Air Conditioning.Closes a loophole in the fan power 

allowances for single zone variable 

air volume (VAV) systems.

Minor + (removes fan power allowance for VAV systems without terminal units). 

75 ......... cb ............. 6. Heating, Ventilating, and Air Conditioning.Adds requirement for simple systems 

to meet prescriptive outdoor air 

damper requirements. Allows 

backdraft dampers only for exhaust 

and relief dampers in buildings less 

than 3 stories in height. Requires 

backdraft dampers on outdoor air 

intakes to be protected from wind 

limiting windblown infiltration 

through the damper. Moves climate 

zone 5a to the category of climates 

that require low leak dampers. Corrects a mistake in Table 6.4.3.4.4. 

Reformats Table 6.4.3.4.4 for clarity.

Major + (expansion of automatic 

damper requirements). 

76 ......... cc ............. 6. Heating, Ventilating, and Air Conditioning.Corrects a mistake in the way 8’’ 

pipe was analyzed.

Minor ¥ (increases allowable flow 

rate in 8’’ pipe). 


sroberts on DSK5SPTVN1PROD with NOTICES
43308 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 

TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

77 ......... cd ............. 9. Lighting .......................................... Additions to (1) strengthen language 

to actually require exterior control 

rather than just require the control 

capability, (2) add bi-level control 

for general all-night applications 

such as parking lots to reduce 

lighting when not needed, and (3) 

add control for fac ̧ade and landscape lighting not needed after 

midnight.

Major + (requires control of exterior 

lighting—savings during night when 

lights not needed). 

78 ......... ce ............. 9. Lighting .......................................... Adds requirements for multilevel control capability (bi-level switching) in 

all spaces except those specifically 

exempted.

0 (manual control requirement). 

79 ......... cf .............. 9. Lighting .......................................... Adds requirements for automatic reduction of stairway lighting within 

30 minutes of occupants exiting 

the zone.

Minor + (energy savings through use 

of controls in stairways). 

80 ......... ch ............. 11. Energy Cost Budget Method; 

Normative Appendix G. Performance Rating Method.

Clarifies baseline minimum setpoints 

for fan-powered boxes and VAV 

reheat boxes. Modifies exceptions 

to: remove exception originally intended for hospitals and laboratory 

type spaces, clarify that lab systems with greater than 5000 cfm of 

exhaust air use a single VAV baseline system; and add exception to 

the 50% lab VAV minimum airflow 

to address minimum ventilation requirements lab designers follow to 

meet codes and accreditation 

standards.

0 (alternative compliance path). 

81 ......... ck ............. 6. Heating, Ventilating, and Air Conditioning.Expands zone-level demand controlled ventilation to include various 

forms of system level strategies. It 

is being added to the prescriptive 

section, so that it could be traded 

off using the Energy Cost Budget 

(ECB) method.

Minor + (expands automatic zone 

reset in multizone systems). 

82 ......... cl .............. 3. Definitions, Abbreviations, and 

Acronyms;.

5. Building Envelope ..........................

Clarifies how to interpret the use of 

dynamic glazing which are designed to be able to vary a performance property such as Solar 

Heat Gain Coefficient (SHGC), 

rather than having just a single 

value.

0 (alternative compliance path). 

83 ......... cn ............. 9. Lighting .......................................... Adds two versions of a combined advanced control to the control incentives table (9.6.2). These control 

system combinations involve personal workstation control and workstation-specific occupancy sensors 

for open office applications.

0 (alternative compliance path). 

84 ......... co ............. 6. Heating, Ventilating, and Air Conditioning.This proposal makes three amendments to Table 6.8.1A. First, it updates EER and IEER values for all 

condensing units and water and 

evaporatively cooled air conditioners with cooling capacities 

greater than 65,000 Btu/h. Second, 

the proposal establishes a separate product class for evaporatively 

cooled air conditioners with different energy efficiency standards. 

Third, the proposal replaces the 

IPLV descriptor for condensing 

units with the new IEER metric and 

amends the EERs with more stringent values.

Minor + (improves efficiency of minor 

market products). 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 43309 

TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

85 ......... cp ............. 3. Definitions, Abbreviations, and 

Acronyms;.

6. Heating, Ventilating, and Air Conditioning.

Establishes efficiency requirements 

for Variable Refrigerant Flow (VRF) 

air conditioners and heat pumps including heat pumps that use a 

water source for heat rejection.

0 (not more stringent than common 

practice). 

86 ......... cq ............. 6. Heating, Ventilating, and Air Conditioning; Informative Appendix E. 

Informative References.

Addendum is based on economic 

analysis using the current scalar 

value. Nearly all classes are economically justified at seal class A, 

allowing for the removal of two tables.

Minor + (reduced duct leakage). 

87 ......... cr ............. 3. Definitions, Abbreviations, and 

Acronyms; 11. Energy Cost Budget 

Method and Normative Appendix 

G. Performance Rating Method.

Modifies definition of unmet load hour 

and adds definition for temperature 

control throttling range. Requires 

that both baseline and proposed 

unmet hours not exceed 300. Removes language allowing modification of system coil capacities to reduce unmet hours as needed.

0 (alternative compliance paths). 

88 ......... cs ............. 8. Power ............................................. Modifies automatic receptacle control 

requirements and exemptions to 

eliminate potential practical application issues.

Major+ (minimizes exceptions to 

switched receptacle requirement. 

89 ......... ct .............. 9. Lighting .......................................... Reduces the area threshold where 

side daylighting requires daylight 

sensor control down to 250 square 

feet.

Minor + (reduce area requirement for 

occupancy sensors). 

90 ......... cv ............. 10. Other Equipment .......................... Adds requirements for service water 

pressure booster systems.

Minor + (adds requirements for service water pressure booster systems). 

91 ......... cw ............ 11. Energy Cost Budget Method ....... Revises the Energy Cost Budget for 

service hot water heaters. Corrects 

contradiction with section 11.32(b). 

Provides user instruction for situations where a certain type of service hot water system is not listed in 

Table 7.8.

0 (alternative compliance path). 

92 ......... cy ............. 6. Heating, Ventilating, and Air Conditioning.Makes several revisions to the 

economizer requirements in section 6.5.1 and 6.3.2. Updates Table 

6.3.2 which allows for the elimination of economizers through the 

use of higher efficiency HVAC 

equipment.

Major + (expands use of economizers). 

93 ......... cz ............. 9. Lighting .......................................... Incorporates bi-level control for parking garages to reduce energy 

waste during unoccupied periods.

Minor + (reduced parking garage 

lighting). 

94 ......... da ............ Normative Appendix G. Performance 

Rating Method.

Establishes that an Appendix G 

baseline shall be based on the 

minimum ventilation requirements 

required by local codes or a rating 

authority and not the proposed design ventilation rates.

0 (performance rating method). 

95 ......... db ............ Normative Appendix G. Performance 

Rating Method.

This addendum modifies the design 

air flow rates for laboratory systems in the baseline building in Appendix G.

0 (performance rating method). 

96 ......... dc ............. 9. Lighting .......................................... Removes information related to tandem wiring of lighting.Minor ¥ (tandem wiring no longer 

used in practice—possible small increase in energy usage). 

97 ......... dd ............ 5. Building Envelope; and 9. Lighting Reduces the area threshold where 

skylights are required to be designed into building spaces down 

to 5000 square feet and similarly 

reduces the threshold where 

daylighting controls must be applied to 900 square feet.

Major + (requires daylighting controls 

in more spaces). 


sroberts on DSK5SPTVN1PROD with NOTICES
43310 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 

TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

98 ......... de ............ 9. Lighting .......................................... Splits the ‘‘generic lobby’’ from common elevator lobbies and lighting 

power densities were adjusted to 

reflect specific space needs. Also 

removes the fitness center audience seating because it’s considered a space type that was considered not used and potentially confusing.

0 (allows more lighting power in lobbies but less in elevator lobbies). 

99 ......... df ............. 10. Other Equipment .......................... Adds requirements that address excess energy use in elevators due 

to ventilation fans and cab lighting.

Minor + (small lighting and ventilation 

savings). 

100 ....... dg ............ 3. Definitions, Acronyms, and Abbreviations; and Normative Appendix 

G. Performance Rating Method.

Adds a definition for the term ‘‘fieldfabricated fenestration’’ used in 

section 5.4.3.2 consistent with Interpretation IC 90.1–2007–01 and 

similar language in California’s 

Title 24.

0 (clarification of definition). 

101 ....... di .............. 3. Definitions, Abbreviations, and 

Acronyms; 6. Heating, Ventilating, 

and Air Conditioning.

Adds requirements for enclosed parking garage ventilation.Minor + (reduced parking garage 

ventilation energy). 

102 ....... dj .............. 6. Heating, Ventilating, and Air Conditioning.Limits the fan energy allowance for 

energy recovery devices to values 

that approximate the results of the 

economic analysis, with some allowance to permit adequate pressure drop for products near the 

minimum recovery effectiveness of 

50%. A separate allowance is also 

created for coil runaround loop 

systems.

Minor + (limits fan energy allowance 

of energy recovery devices). 

103 ....... dk ............. Normative Appendix C. Methodology 

for Building Envelope Trade-Off 

Option in Subsection 5.6.

Adds clarity and instruction to the 

users of Appendix C, the envelope 

trade off option, for new requirements that were added in 

addendums AL, BC, and BN. AL 

required skylights and lighting controls in certain occupancies. BC required skylights and lighting controls in unconditioned semi-heated 

spaces. BN dealt with orientation 

specific SHGC requirements.

0 (alternative compliance path). 

104 ....... dl .............. Normative Appendix C. Methodology 

for Building Envelope Trade-Off 

Option in Subsection 5.6.

Gives instruction to the users of Appendix C on how to model the 

base envelope design and the proposed envelope design on how to 

comply with the cool roof provisions of Section 5.

0 (alternative compliance path). 

105 ....... dn ............ Normative Appendix G. Performance 

Rating Method.

This addendum adds system types 9 

and 10 for heated only storage 

spaces and associated changes.

0 (performance rating method). 

106 ....... do ............ 4. Administration and Enforcement; 

9. Lighting.

Establishes the goals and requirements of the lighting system including controls and ensures that owners are provided all the information 

necessary to best use and maintain lighting systems.

0 (documentation only). 

107 ....... dp ............ 12. Normative References ................. Updates the references in 90.1 to reflect the current edition of the cited 

standard. Substantive changes in 

the referenced documents did not 

affect the requirements in 90.1 or 

change the stringency of the requirements of 90.1.

0 (updates references). 

108 ....... dq ............ Normative Appendix C. Methodology 

for Building Envelope Trade-Off 

Option in Subsection 5.6.

Modifies the calculations found in Appendix C in order to reflect modifications to the modeling assumptions.0 (alternative compliance path). 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 43311 

TABLE 1—RESULTS OF ADDENDUM-BY-ADDENDUM ANALYSIS—Continued 

No. 

Addendum 

to 

Standard 

90.1–2007 

Section affected Description of changes Impact on energy efficiency and 

reason 

109 ....... dr ............. 9. Lighting .......................................... Original purpose of 9.4.4 was to limit 

the use of inefficient lighting 

sources for high wattage applications when there was not a comprehensive table of lighting power 

density limits. With such a table 

now in place, section 9.4.4 is no 

longer necessary 

0 (editorial only). 

Table 2 is an overall summary of the 

addenda in terms of their impact in the 

qualitative analysis. Overall, the sum of 

the major positive and minor positive 

addenda (56) greatly overwhelms the 

number of minor negative addenda (6), 

leading to the conclusion that the 

overall impact of the addenda on the 

standard is positive. 

TABLE 2—OVERALL SUMMARY OF ADDENDA IMPACT IN QUALITATIVE ANALYSIS

Major negative Minor negative Neutral Minor positive Major positive Total 

None ..................................................................................... 6 47 37 19 109 

The 6 negative impacts on energy 

efficiency include: 

1. Addendum b—allows larger than 

minimum ventilation rates if required 

by other codes. 

2. Addendum c—allows an exception 

to dehumidification for controls for 

vivariums. 

3. Addendum p—increases allowable 

pressure drop in laboratory exhaust 

systems. 

4. Addendum aw—adds an additional 

lighting allowance for nightlights in 

hotel/motel bathrooms. 

5. Addendum cc—allows higher flow 

rates in 8’’ piping. 

6. Addendum dc—eliminates tandem 

wiring requirement. 

None of these negative impacts are 

judged to be significant. Addendum b 

simply acknowledges that Standard 90.1 

does not address ventilation rates that 

are required in other codes. Addendum 

c simply adds vivariums (spaces used 

for plant or animal growth) to the list of 

spaces that may have more stringent 

humidity requirements than normal 

spaces. Addendum p increases 

allowable pressure drop in laboratory 

exhaust systems and addresses some 

noted shortcomings in the previous 

version of Standard 90.1 with regard to 

fume hoods. Addendum aw 

acknowledges the common practice of 

the use of bathroom lights as 

‘‘nightlights’’ in hotel/motel guest 

rooms. Addendum cc corrects a 

calculation error in the previous version 

of Standard 90.1. Addendum dc 

eliminates a tandem wiring requirement 

for ballasts that is no longer used with 

the widespread use of electronic 

ballasts. 

The 19 major positive impacts on 

energy efficiency include: 

1. Addendum d—requires daylighting 

controls under skylights and 

commissioning of daylighting controls. 

2. Addendum e—requires increased 

use of heat recovery. 

3. Addendum f—requires cool roofs in 

hot climates. 

4. Addendum i—lower illuminance 

requirements in certain exterior zones. 

5. Addendum m—updates chiller 

efficiency requirements. 

6. Addendum n—extends VAV fan 

control requirements. 

7. Addendum x—adds occupancy 

sensor requirements for many specific 

applications. 

8. Addendum ab—adds daylighting 

control requirements for side-lighted 

spaces. 

9. Addendum al—requires skylights 

and daylighting in some building types. 

10. Addendum ap—reduces 

ventilation energy. 

11. Addendum av—expansion of new 

lighting power densities to more 

retrofits. 

12. Addendum bh—requires supply 

air temperature reset for non-peak 

conditions. 

13. Addendum bu—adds efficiency 

requirements for data centers. 

14. Addendum by—required lower 

lighting power densities. 

15. Addendum cb—expands 

automatic damper requirements. 

16. Addendum cd—requires control 

of exterior lighting. 

17. Addendum cs—minimizes 

exceptions to switched receptacle 

requirement. 

18. Addendum cy—expands use of 

economizers. 

19. Addendum dd—requires 

daylighting controls in more spaces. 

Many of these ‘‘major positive’’ 

addenda are self descriptive. The highlevel themes of the major positive 

addenda tend to be as follows: 

• Better lighting, daylighting, and 

controls (d, i, x, ab, al, av, by, cd, cs, and 

dd). 

• Better mechanical systems and 

application to more systems (e, m, n, ap, 

bh, bu, cb, and cy). 

• Better building envelope (f). 

There are an additional 37 addenda 

that have minor positive impacts. See 

the complete qualitative analysis for 

additional detail. 

B. Quantitative Analysis 

1. Discussion of Whole Building Energy 

Analysis 

The quantitative comparison of 

Standard 90.1–2010 was carried out 

using whole-building energy 

simulations of buildings built to both 

Standard 90.1–2007 and Standard 90.1– 

2010. DOE simulated 16 representative 

building types in 15 U.S. climate 

locations, each climate location selected 

to be representative of one of the 15 U.S 

climate zones used in the definition of 

building energy code criteria in 

Standard 90.1–2007 and Standard 90.1– 

2010. The simulations were developed 

using specific building prototypes based 

on the DOE commercial reference 

building models developed for DOE’s 


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Net-Zero Energy Commercial Building 

Initiative. (These reference building 

prototypes were formerly known as 

Benchmark building models.) 

For each building prototype simulated 

in each climate the energy use 

intensities (EUI) by fuel type and by 

end-use were extracted. These EUIs by 

fuel type for each building were then 

weighted to national average EUI figures 

using weighting factors based on the 

relative square footage of construction 

represented by that prototype in each of 

the 15 climate regions. These weighting 

factors were based on commercial 

building construction starts data for a 

five year period from 2003 to 2007. The 

source of data was the McGraw-Hill 

Construction Projects Starts Database 

(MHC). The MHC database captures 

over 90% of new commercial 

construction in any given year and the 

collection process is independently 

monitored to ensure the coverage of 

most of the commercial construction in 

the U.S. The data is 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) for 

characterizing building construction in 

the U.S. For the purpose of developing 

construction weighting factors, the 

strength of this data lies in the number 

of samples, the characterization of each 

sample in terms of building end-use and 

size and number of stories, the 

frequency of data collection, and the 

detailed location data. In addition, the 

MHC database can be used to identify 

multifamily residential buildings that 

would be covered under ASHRAE 

Standard 90.1. 

DOE’s prototypes reflect the use of 

two fuel types, electricity and natural 

gas. Using the weighting factors, DOE 

was able to establish an estimate of the 

relative reduction in building energy 

use, as determined by a calculated 

reduction in weighted average site EUI 

for each building prototype. Site energy 

refers to the energy consumed at the 

building site. In a corresponding 

fashion, DOE was also able to calculate 

a reduction in terms of weighted average 

primary EUI and in terms of weighted 

average energy cost intensity (ECI) in 

$/sq. ft. of building floorspace. Primary 

energy as used here refers to the energy 

required to generate and deliver energy 

to the site. To estimate primary energy, 

all electrical energy use intensities were 

first converted to primary energy using 

a factor of 10,918 Btus primary energy 

per kWh (based on the 2010 estimated 

values reported in Table 2 of the EIA 

2010 Annual Energy Outlook, release 

date December 2009, available at 

http://www.eia.doe.gov/oiaf/archive/ 

aeo10/aeoref_tab.html). 

The conversion factor of 10,918 was 

calculated from Table 2 by summing the 

commercial electricity value of 4.62 

quads with the electricity losses value of 

10.17 quads and then dividing that sum 

by the commercial value. ((4.62 + 

10.17)/4.62 = 3.2) This yields an 

electricity ratio of 3.2 for converting 

how much primary (source) electricity 

is required per unit of site required 

electricity. This ratio of 3.2 is then 

multiplied by 3,412 Btu per kWh, 

producing a value of 10,918 Btus 

primary energy per kWh of site energy. 

Natural Gas EUIs in the prototypes were 

converted to primary energy using a 

factor of 1.090 Btus primary energy per 

Btu of site natural gas use (based on the 

2010 national energy use estimated 

shown in Table 2 of the AEO 2010). 

This natural gas source energy 

conversion factor was calculated by 

dividing the natural gas subtotal of 

23.15 quads (sum of all natural gas 

usage, including usage for natural gas 

field production, leases, plant fuel, and 

pipeline (compression) supply) by the 

delivered natural gas total of 21.23 

quads (sum of four primary energy 

sectors (residential, commercial, 

industrial, and transportation). 

a. Calculation of Energy Cost Index 

To estimate the reduction in energy 

cost index, DOE relied on national 

average commercial building energy 

prices of $0.1027/kWh of electricity and 

$10.06 per 1000 cubic feet ($0.9796/ 

therm) of natural gas, based on EIA 

statistics for 2010 (the last complete 

year of data available in Table 5.3 

Average Retail Price of Electricity to 

Ultimate Consumers: Total by End-Use 

Sector for the commercial sector— 

available from EIA at http://www.eia.

doe.gov/cneaf/electricity/epm/table5_

3.html and for 2009 (the last complete 

year of data available from the EIA 

Natural Gas Annual Summary for the 

commercial sector available at 

http://tonto.eia.doe.gov/dnav/ng/ng_

pri_sum_dcu_nus_a.htm.) DOE 

recognizes that actual fuel costs will 

vary somewhat by building type within 

a region, and will in fact vary more 

across regions. Nevertheless, DOE 

believes that the use of simple national 

average figures illustrates whether there 

will be energy cost savings sufficient for 

the purposes of the DOE determination. 

b. Calculation of Energy Use Intensities 

Energy use intensities developed for 

each representative building type were 

weighted by total national square 

footage of each representative building 

type to provide an estimate of the 

difference between the national energy 

use in buildings constructed to the 2007 

and 2010 editions of the Standard 90.1. 

Note that the 16 buildings types used in 

the preliminary determination reflect 

approximately 80% of the total square 

footage of commercial construction 

including multi-family buildings greater 

than three stories covered under 

ASHRAE Standard 90.1. 

Note that only differences between 

new building requirements were 

considered in this quantitative analysis. 

Changes to requirements in the 2010 

edition that pertain to existing buildings 

only are addressed in the detailed 

textual analysis only. 

c. Application to Additions and 

Renovations 

Both the 2010 and 2007 editions 

address additions and renovations to 

existing buildings. Since DOE has 

preliminarily found insufficient data to 

characterize renovations in terms of 

what energy using features are utilized, 

DOE has not determined that the results 

obtained from the whole building 

prototypes used would reasonably 

reflect the EUI benefits that would 

accrue to renovated floor space. For this 

reason, renovated floor space is not 

included in the DOE weighting factors. 

Building additions on the other hand 

are believed to be substantially 

equivalent to new construction. For this 

reason, FW Dodge construction data on 

additions has been incorporated into the 

overall weighting factors. Floor space 

additions reflect approximately 13 

percent of new construction floor space 

based on data captured in the FW Dodge 

dataset. 

d. Ventilation Rate Assumptions 

The preliminary quantitative analysis 

assumed the same base ventilation level 

for buildings constructed to Standard 

90.1–2007 and Standard 90.1–2010. 

Neither edition of Standard 90.1 

specifies ventilation rates for 

commercial building construction. 

ASHRAE has a separate ventilation 

standard for commercial construction, 

ASHRAE Standard 62.1 Ventilation for 

Acceptable Indoor Air Quality. This 

standard is cited only in a few 

exceptions within the mechanical 

sections of either Standard 90.1–2007 or 

Standard 90.1–2010, with each edition 

referencing a different version of 

Standard 62.1. Standard 90.1–2007 lists 

Standard 62.1–2004 in its table of 

references. Standard 90.1–2010 lists 

Standard 62.1–2007 in its table of 

references. 

Ventilation rates can have significant 

impact on the energy use of commercial 

buildings. States and local jurisdictions 


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typically specify the ventilation 

requirements for buildings within their 

respective building codes and can set 

these requirements independent of the 

energy code requirements. Because of 

the limited reference to ventilation 

within either the 2007 or the 2010 

edition, the requirements that States 

certify that their energy codes meet or 

exceed the 2010 edition of Standard 

90.1 would in general not require 

modification of State ventilation code 

requirements. However, in many cases, 

ventilation requirements can be traced 

back to requirements found in one or 

another version of Standard 62.1. For 

the purpose of the quantitative analysis, 

DOE assumed ventilation rates for the 

simulation prototypes based on the 

requirements of Standard 62.1–2004. 

2. Results of Whole Building Energy 

Analysis 

The preliminary quantitative analysis 

of the energy consumption of buildings 

built to Standard 90.1–2010, as 

compared with buildings built to 

Standard 90.1–2007, indicates national 

primary energy savings of 

approximately 18.2 percent of 

commercial building energy 

consumption based on the weighting 

factors for the 16 buildings simulated. 

Site energy savings are estimated to be 

approximately 18.5 percent. Using 

national average fuel prices for 

electricity and natural gas DOE 

estimated a reduction in energy 

expenditures of 18.2 percent would 

result from the use of Standard 90.1– 

2010 as compared to Standard 90.1– 

2007. As identified previously, these 

estimated savings figures do not include 

energy savings from equipment or 

appliance standards that would be in 

place due to Federal requirements 

regardless of their presence in the 

Standard 90.1–2010. 

Tables 3 and 4 show the aggregated 

energy use and associated energy 

savings by building type for the 16 

building prototypes analyzed and on an 

aggregated national basis for the 2007 

and 2010 editions, respectively. For 

each edition of Standard 90.1, the 

national building floor area weight used 

to calculate the national impact on 

building EUI or building ECI is 

presented. National-average site energy 

use intensities ranges from over five 

hundred Btu per square foot annually 

for the Fast Food prototype to 

approximately 20 Btu per square foot 

annually for the Non-refrigerated 

Warehouse type. Source energy use 

intensities and building energy cost 

intensities ($/sf-yr) are also presented. 

Further details on the preliminary 

quantitative analysis can be found in the 

full preliminary quantitative analysis 

report available at http:// 

www.energycodes.gov/status/ 

determinations_com.stm. 

TABLE 3—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE—2007 EDITION

Building type Building prototype 

Building type 

floor area 

weight 

% 

Whole building EUI data for building population 

Site EUI 

kBtu/ft2-yr 

Source EUI 

kBtu/ft2-yr 

ECI 

$/ft2-yr 

Office ................................................. Small Office ...................................... 5.61 39.1 118.4 $1.11 

Medium Office .................................. 6.05 47.7 140.6 1.32 

Large Office ...................................... 3.33 42.8 123.3 1.16 

Retail ................................................. Stand-Alone Retail ........................... 15.25 65.0 179.5 1.69 

Strip Mall .......................................... 5.67 68.3 186.0 1.75 

Education .......................................... Primary School ................................. 4.99 63.4 170.2 1.60 

Secondary School ............................ 10.36 54.2 149.7 1.41 

Healthcare ......................................... Outpatient Health Care .................... 4.37 162.0 438.0 4.11 

Hospital ............................................ 3.45 156.4 374.9 3.51 

Lodging ............................................. Small Hotel ....................................... 1.72 70.8 179.4 1.68 

Large Hotel ....................................... 4.95 157.1 315.8 2.95 

Warehouse ........................................ Non-Refrigerated Warehouse .......... 16.72 24.2 58.6 0.55 

Food Service ..................................... Fast-Food Restaurant ...................... 0.59 547.7 1068.0 9.98 

Sit-Down Restaurant ........................ 0.66 382.4 810.7 7.59 

Apartment .......................................... Mid-Rise Apartment ......................... 7.32 44.2 123.7 1.16 

High-Rise Apartment ........................ 8.97 44.2 129.3 1.22 

National ............................................. ........................................................... 100 67.5 174.0 1.63 

TABLE 4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE—2010 EDITION

Building type Building prototype 

Building type 

floor area 

weight 

% 

Whole building EUI data for building population 

Site EUI 

kBtu/ft2-yr 

Source EUI 

kBtu/ft2-yr 

ECI 

$/ft2-yr 

Office ................................................ Small Office ..................................... 5 .61 32.8 99.0 $0.93 

Medium Office ................................. 6 .05 37.1 106.3 $1.00 

Large Office ..................................... 3 .33 33.3 96.8 0.91 

Retail ................................................ Stand-Alone Retail .......................... 15 .25 48.0 135.1 1.27 

Strip Mall ......................................... 5 .67 56.9 150.9 1.42 

Education ......................................... Primary School ................................ 4 .99 48.0 134.8 1.27 

Secondary School ........................... 10 .36 39.8 114.9 1.08 

Healthcare ........................................ Outpatient Health Care ................... 4 .37 125.4 340.9 3.20 

Hospital ............................................ 3 .45 118.1 299.5 2.81 

Lodging ............................................ Small Hotel ...................................... 1 .72 66.6 165.7 1.55 

Large Hotel ...................................... 4 .95 139.8 282.5 2.64 

Warehouse ....................................... Non-Refrigerated Warehouse ......... 16 .72 19.2 45.0 0.42 

Food Service .................................... Fast-Food Restaurant ..................... 0 .59 519.9 976.5 9.12 

Sit-Down Restaurant ....................... 0 .66 330.9 654.1 6.12 

Apartment ......................................... Mid-Rise Apartment ......................... 7 .32 41.2 118.3 1.11 


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TABLE 4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE—2010 EDITION—Continued 

Building type Building prototype 

Building type 

floor area 

weight 

% 

Whole building EUI data for building population 

Site EUI 

kBtu/ft2-yr 

Source EUI 

kBtu/ft2-yr 

ECI 

$/ft2-yr 

High-Rise Apartment ....................... 8 .97 41.0 123.5 1.16 

National ............................................ .......................................................... 100 55.5 142.4 1.34 

Table 5 presents the estimated percent 

energy savings (based on change in EUI) 

between the 2007 and 2010 editions. 

Overall, considering those differences 

that can be reasonably quantified, the 

2010 edition is expected to increase the 

energy efficiency of commercial 

buildings. Numbers in Table 5 represent 

percent energy savings. 

TABLE 5—ESTIMATED PERCENT ENERGY SAVINGS WITH 2010 EDITION—BY BUILDING TYPE

Building type Building prototype 

Building type 

floor area 

weight 

% 

Percent savings in whole building energy use 

intensity 

(%) 

Site EUI Source EUI ECI 

Office ................................................. Small Office ...................................... 5.61 16.1 16.4 16.4 

Medium Office .................................. 6.05 22.1 24.4 24.4 

Large Office ...................................... 3.33 22.3 21.5 21.5 

Retail ................................................. Stand-Alone Retail ........................... 15.25 26.1 24.7 24.7 

Strip Mall .......................................... 5.67 16.8 18.9 18.9 

Education .......................................... Primary School ................................. 4.99 24.2 20.8 20.8 

Secondary School ............................ 10.36 26.7 23.3 23.2 

Healthcare ......................................... Outpatient Health Care .................... 4.37 22.6 22.2 22.2 

Hospital ............................................ 3.45 24.5 20.1 20.1 

Lodging ............................................. Small Hotel ....................................... 1.72 5.9 7.7 7.7 

Large Hotel ....................................... 4.95 11.0 10.5 10.5 

Warehouse ........................................ Non-Refrigerated Warehouse .......... 16.72 20.7 23.1 23.1 

Food Service ..................................... Fast Food Restaurant ...................... 0.59 5.1 8.6 8.6 

Sit-Down Restaurant ........................ 0.66 13.5 19.3 19.4 

Apartment .......................................... Mid-Rise Apartment ......................... 7.32 6.8 4.4 4.4 

High-Rise Apartment ........................ 8.97 7.2 4.5 4.5 

National ............................................. ........................................................... 100 18.5 18.2 18.2 

C. Preliminary Determination Statement 

DOE’s review and evaluation 

indicates that there are significant 

differences between the 2007 edition 

and the 2010 edition. DOE’s overall 

preliminary conclusion is that the 2010 

edition will improve the energy 

efficiency of commercial buildings. 

However, DOE identified six changes 

in textual requirements that taken alone 

appear to represent a reduction in 

stringencies and could decrease energy 

efficiency. The six changes are: 

• Addendum b, which allows larger 

than minimum ventilation rates if 

required by other codes; 

• Addendum c, which allows an 

exception to dehumidification for 

controls for vivariums; 

• Addendum p, which increases 

allowable pressure drop in laboratory 

exhaust systems; 

• Addendum aw, which adds an 

additional lighting allowance for 

nightlights in hotel/motel bathrooms; 

• Addendum cc, which allows higher 

flow rates in 8′′ piping; and 

• Addendum dc, which eliminates 

tandem wiring requirements. 

DOE believes that in these cases, the 

reduction in stringency was not 

considered a major impact. For the other 

addenda, DOE preliminarily determined 

that the remaining addenda either 

represented no change in stringency, or 

indicated a positive change in 

stringency corresponding to improved 

efficiency. Overall, DOE preliminarily 

concluded the changes in textual 

requirements and stringencies are 

‘‘positive,’’ in the sense that they would 

improve energy efficiency in 

commercial construction. 

The quantitative analysis 

preliminarily shows that for the 16 

prototype buildings, a weighted average 

national improvement in new building 

efficiency of 16.5 percent, when 

considering source energy, and by 17.1 

percent, when considering site energy. 

As both the 2007 and 2010 editions 

cover existing buildings, to the extent 

that these standards are applied to 

existing buildings in retrofits or in new 

construction addition, the 2010 edition 

should improve the efficiency of the 

existing building stock. 

DOE has, therefore, preliminarily 

concluded that Standard 90.1–2010 

receive an affirmative determination 

under Section 304(b) of ECPA. 

III. Filing Certification Statements With 

DOE 

A. Review and Update 

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 energy efficiency 

provisions of the 2010 edition. (42 

U.S.C. 6833(b)(2)(B)(i)) This action 

would be required to be taken not later 

than two years from the date of the final 

determination notice, unless an 

extension is provided. 

The 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 2010 edition of Standard 90.1. States 


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may base their certifications on 

reasonable actions by units of general 

purpose local government. Each such 

State must still review the information 

obtained from the local governments 

and gather any additional data and 

testimony for its own certification. 

Note that the applicability of any 

State revisions to new or existing 

buildings would be governed by the 

State building codes. However, it is our 

understanding that generally, the 

revisions would not apply to existing 

buildings unless they are undergoing a 

change that requires a building permit. 

States should be aware that the DOE 

considers high-rise (greater than three 

stories) multi-family residential 

buildings, hotel, motel, and other 

transient residential building types of 

any height as commercial buildings for 

energy code purposes. Consequently, 

commercial buildings, for the purposes 

of certification, would include high-rise 

(greater than three stories) multi-family 

residential buildings, hotel, motel, and 

other transient residential building 

types of any height. 

B. Certification 

If today’s determination is finalized, 

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 90.1–2010 edition. 

(42 U.S.C. 6833(b)) If today’s 

determination is finalized before the 2 

year deadline to file a certification for 

the 2007 positive determination then a 

state may file just one certification to 

address both determinations. The 

certification must include a 

demonstration that the provisions of the 

State’s commercial building energy code 

regarding energy efficiency meet or 

exceed Standard 90.1–2010. If a State 

intends to certify that its commercial 

building energy code already meets or 

exceeds the requirements of Standard 

90.1–2010, the State should provide an 

explanation of the basis for this 

certification, e.g., Standard 90.1–2010 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, 

such as the 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. 

DOE does list the States that have 

filed certifications and those that have 

or have not adopted new codes on the 

DOE Energy Efficiency and Renewable 

Energy Web site at http://www.

energycodes.gov/states/. 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 codes (in this case, 

ASHRAE Standard 90.1). 

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 grants to these States through 

grant programs administered by the 

National Energy Technology Laboratory 

(NETL). DOE does not prescribe how 

each State adopts and enforces its 

energy codes. 

C. Request for Extensions To Certify 

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. 

IV. Regulatory Analysis 

A. Review Under Executive Order 12866 

Today’s action is a significant 

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

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735; 

October 4, 1993). Accordingly, today’s 

action was reviewed by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

preparation of an initial regulatory 

flexibility analysis for any rule that by 

law must be proposed for public 

comment, unless the agency certifies 

that the rule, if promulgated, will not 

have a significant economic impact on 

a substantial number of small entities. 

As required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ (67 FR 53461 

(Aug. 16, 2002)), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process (68 FR 7990). DOE 

has made its procedures and policies 

available on the Office of General 

Counsel’s Web site: http:// 

www.gc.doe.gov. 

DOE has reviewed today’s 

preliminary determination under the 

provisions of the Regulatory Flexibility 

Act and the procedures and policies 

published on February 19, 2003. If 

today’s action on the preliminary 

determination of improved energy 

efficiency between the 2007 and 2010 

editions of Standard 90.1 is finalized by 

DOE then 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. 

On the basis of 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). 

C. Review Under the National 

Environmental Policy Act of 1969 

DOE has preliminarily determined 

that today’s action is covered under the 

Categorical Exclusion found in DOE’s 

National Environmental Policy Act 

regulations at paragraph A.6. of 

Appendix A to subpart D, 10 CFR part 

1021. That Categorical Exclusion 

applies to actions that are strictly 

procedural, such as rulemaking 

establishing the administration of 

grants. Today’s action 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 


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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 two years after the date of the 

publication of such affirmative 

determination, each State is required to 

certify that it has reviewed and updated 

the provisions of its commercial 

building code regarding energy 

efficiency with respect to the revised or 

successor code. (42 U.S.C. 

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

determination that the revised standard 

will not improve energy efficiency in 

commercial buildings then State 

commercial codes shall meet or exceed 

the last revised standard for which the 

Secretary has made a positive 

determination. (42 U.S.C. 

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

preliminarily determined that the 

Secretary’s determination is not a major 

Federal action that would have direct 

environmental impacts. Accordingly, 

DOE has not prepared an environmental 

assessment or an environmental impact 

statement. 

D. Review Under Executive Order 

13132, ‘‘Federalism’’ 

Executive Order 13132, 64 FR 43255 

(Aug 4, 1999), imposes certain 

requirements on agencies formulating 

and implementing policies or 

regulations that pre-empt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. 

DOE has reviewed the statutory 

authority. 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 assure, 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 versions of 

ASHRAE 90.1 would improve the level 

of energy efficiency in commercial 

buildings as compared to the previous 

version. 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, 64 FR 43255 

(August 4, 1999) 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 

under this subsection, the Secretary 

shall 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.’’ (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 

90.1–2010. Standard 90.1–2010, was 

developed in a national American 

National Standards Institute consensus 

process open to the public and in which 

State and local governments participate 

along with DOE and other interested 

parties. It is the product of a series of 

amendments to the prior addition of the 

standard. Each addendum is put out for 

national public review. Anyone may 

submit comments, and in the process 

comments were received from State and 

local governments. Comments on the 

addendum are received, reviewed and 

resolved through a consensus process. 

Members of the standards project 

committee have included 

representatives of State and local 

governments. 

DOE annually holds a national 

building energy codes workshop at 

which the progress on development of 

the model energy codes are presented, 

along with discussion and sharing of 

problems and successes in adoption, 

implementation, and enforcement of 

building energy codes. The predominate 

attendance of these workshops are State 

and local officials responsible for 

building energy codes. They are 

consistently encouraged and urged to 

participate in the model building energy 

code processes, which will be the 

subject of DOE’s next determinations 

under section 304 of ECPA. Thus, State 

and local officials have had the 

opportunity to participate in the 

development of the standard through 

the ASHRAE process. Some have done 

so. 

Similarly, the comments of States and 

local governments about provisions of 

the developing Standard 90.1–2010 

were received in formal comment 

periods and heard and addressed in 

ASHRAE committee deliberations open 

to the public. In addition, concerns and 

issues about adoption, implementation 

and enforcement issues were presented 

and discussed at informal sessions at 

the Department’s annual national 

workshops on building energy codes. 

DOE believes that the above process has 

given State and local jurisdictions 

extensive opportunity to comment on 

and express their concerns on Standard 

90.1–2010, the subject of this 

determination. 

On issuance of a final determination 

that Standard 90.1–2010 would improve 

the energy efficiency of commercial 

buildings, ECPA requires the States 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 90.1–2010. 

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– 

2010 or develop their own code that 

meets equivalent energy efficiency. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 43317 

E. Review Under the Unfunded 

Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) generally 

requires Federal agencies to examine 

closely the impacts of regulatory actions 

on State, local, and Tribal governments. 

Subsection 101(5) of Title I of that law 

defines a Federal intergovernmental 

mandate to include any regulation that 

would impose upon State, local, or 

Tribal governments an enforceable duty, 

except a condition of Federal assistance 

or a duty arising from participating in a 

voluntary Federal program. Title II of 

that law requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments, in the aggregate, or to the 

private sector, other than to the extent 

such actions merely incorporate 

requirements specifically set forth in a 

statute. Section 202 of that title requires 

a Federal agency to perform a detailed 

assessment of the anticipated costs and 

benefits of any rule that includes a 

Federal mandate which may result in 

costs to State, local, or Tribal 

governments, or to the private sector, of 

$100 million or more. Section 204 of 

that title requires each agency that 

proposes a rule containing a significant 

Federal intergovernmental mandate to 

develop an effective process for 

obtaining meaningful and timely input 

from elected officers of State, local, and 

Tribal governments. 

If today’s determination is finalized, 

each State would be required under 

Section 304 of ECPA to review and 

update, as necessary, the provisions of 

its commercial building energy code to 

meet or exceed the provisions of the 

2010 edition of Standard 90.1. (42 

U.S.C. 6833(b)(2)(B)(i)) Section 304 of 

ECPA requires State action in response 

to a positive determination by DOE. The 

statutory requirements of ECPA require 

DOE to provide a determination 

irrespective of costs. While the 

processes that States may undertake to 

update their codes vary widely, as a 

general rule a State at a minimum 

would need to: 

• Evaluate Standard 90.1–2010 using 

the background material provided by 

DOE. 

• Compare the existing State 

commercial building energy code to 

Standard 90.1–2010 to see if an update 

is needed. 

• Update the State commercial 

building energy code to meet or exceed 

Standard 90.1–2010. 

DOE evaluated the potential for State 

activity to exceed $100 million in any 

one year. The approach looked at the 

three steps for minimum activity listed 

in the previous paragraph—evaluate, 

compare and update. A fourth potential 

step of providing training on the new 

code was also considered as some States 

may consider training on the new code 

to be an integral part of adopting the 

new code. For the three steps of 

minimum activity, DOE estimated the 

following: 

Evaluate Standard 90.1–2010—DOE 

estimated a minimum of 8 hours of 

review per State and a maximum review 

time of 500 hours of review per State 

(12.5 work weeks). The minimum 

review time of 8 hours (one day) is the 

estimated minimum amount of time 

DOE can see States taking to review 

Standard 90.1–2010. Reading and 

reviewing the Federal Register notice, 

the qualitative analysis document and 

the quantitative analysis document will 

take the average person several hours. 

Deciding on whether or not to upgrade 

to Standard 90.1–2010 may take another 

couple of hours. The maximum review 

time of 500 hours (62.5 days, 3 working 

months) upper limit was estimated as 

the amount of time that a State that was 

not familiar with energy codes at all or 

which has a particularly arduous review 

process within the State would take to 

review these documents. 

(1) A cost per hour of $100 per hour 

was assumed based on actual rates 

proposed in subcontracts associated 

with compliance studies funded by 

DOE. The average rate calculated from 

these subcontracts for 10 types of 

building officials from 6 states was 

$93.41, so DOE chose to round this up 

to $100 per hour. 

a. Low estimate—8 hours * 50 

states * $100 per hour = $40,000 

b. High estimate—500 hours * 50 

states * $100 per hour = $2,500,000 

(2) Compare Standard 90.1–2010 to 

existing state code—Assuming the State 

is familiar with its code and has 

performed an effective evaluation of 

Standard 90.1 in the first step, the range 

of potential costs should be similar to 

Step 1. (See Step 1 for discussion of 8 

hour and 500 hour times and $100 per 

hour cost estimate). 

a. Low estimate—8 hours * 50 

states * $100 per hour = $40,000 

b. High estimate—500 hours * 50 

states * $100 per hour = $2,500,000 

(3) Update the State Codes to meet or 

exceed Standard 90.1–2010—Adopting 

a new energy code could be as simple 

as updating an order within the State, or 

it could be very complex involving 

hearings, testimony, etc. Again, the 

range of potential costs should be 

similar to Step 1. (See Step 1 for 

discussion of origin of 8 hour and 500 

hour times and $100 per hour cost 

estimate). 

a. Low estimate—8 hours * 50 

states * $100 per hour = $40,000 

b. High estimate—500 hours * 50 

states * $100 per hour = $2,500,000 

The potential range of total costs to 

States to under these assumptions 

would be $120,000 to $7.5 million. This 

range is well below the $100 million 

threshold in the Unfunded Mandates 

Act. DOE has also considered potential 

costs were States to provide training on 

the new code. 

(4) Train Code officials on New 

Code—Assuming every jurisdiction has 

at least one person that needs to be 

trained on energy code. There are 

roughly 40,000 general purpose local 

governments, or jurisdictions, in the 

U.S. The total number of jurisdictions in 

the U.S. that enforce energy codes is not 

known with any degree of certainty. The 

National League of Cities publishes an 

estimate of the number of local 

governments in the U.S. at http:// 

www.nlc.org/about_cities/cities_101/ 

142.aspx. Their summary indicates the 

following: 

• 19,429 Municipal governments; 

• 16,504 Town or Township 

governments; 

• 3,034 County governments; 

• 13,506 School districts; and 

• 35,052 Special district 

governments. 

DOE believes it is reasonable to 

assume that all of the municipal 

governments, town or township 

governments, and county governments 

could be required to acquire training on 

Standard 90.1–2010 in order to enforce 

this standard as an adopted energy code. 

In addition, the 50 state governments 

would be required to acquire training. 

This number adds up to 19,429 + 16,504 

+ 3,034 + 50 = 38,667. Another widely 

mentioned estimate of the total number 

of code adopting jurisdictions in the 

U.S. is 44,000. This number is based on 

the National Conference of States on 

Building Codes and Standards (NCBCS). 

See, for example, http:// 

www.ncsbcs.org/newsite/ 

New%20Releases/ 

RW_Presentation_060602.htm. Both 

these estimates are in reasonable 

agreement and so DOE assumed that 

there are 40,000 potential jurisdictions 

that potentially would need training on 

a new energy code. 

Based on training experiences of the 

Building Energy Codes Program staff, 

with conducting training sessions for 

jurisdictional staff regarding Standard 

90.1, one full-day (8 hours) of training 

is normally sufficient . Therefore, DOE 

has used 8 hours as a low estimate and 

16 hours as a high estimate for training 

hours required if a jurisdiction were to 

adopt Standard 90.1–2010. 


sroberts on DSK5SPTVN1PROD with NOTICES
43318 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 

a. Low estimate—8 hours * 40,000 

jurisdictions * $100 per hour = 

$32,000,000 

b. High Estimate—16 hours * 40,000 

jurisdictions * $100 per hour = 

$64,000,000 

Adding the potential training costs of 

$32 million to $64 million to the costs 

for the three steps indicates a potential 

total costs ranging from $32.12 million 

to $71.5 million. The high end of this 

estimate is less than the $100 million 

threshold in the Unfunded Mandates 

Act. Accordingly, no further action is 

required under the Unfunded Mandates 

Reform Act of 1995. 

F. 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. 

G. Review Under the Treasury and 

General Government Appropriations 

Act of 2001 

Section 515 of the Treasury and 

General Government Appropriations 

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

provides for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

today’s action under the OMB and DOE 

guidelines and has concluded that it is 

consistent with applicable policies in 

those guidelines. 

H. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), requires Federal agencies to 

prepare and submit to the OMB a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) Is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy; or 

(3) Is designated by the Administrator of 

the Office of Information and Regulatory 

Affairs (OIRA) as a significant energy 

action. For any proposed significant 

energy action, the agency must give a 

detailed statement of any adverse effects 

on energy supply, distribution, or use, 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

Today’s action would not have a 

significant adverse effect on the supply, 

distribution, or use of energy and is 

therefore not a significant energy action. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

I. Review Under Executive Order 13175 

Executive Order 13175. ‘‘Consultation 

and Coordination with Indian tribal 

Governments’’ (65 FR 67249 (Nov. 9, 

2000)), requires DOE to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ refers to regulations that 

have ‘‘substantial direct effects on one 

or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ Today’s 

regulatory action is not a policy that has 

‘‘tribal implications’’ under Executive 

Order 13175. DOE has reviewed today’s 

action under Executive Order 13175 and 

has determined that it is consistent with 

applicable policies of that Executive 

Order. 

V. Public Participation 

The public is invited to submit 

comments on the preliminary 

determinations. Comments must be 

provided by August 19, 2011 using any 

of the methods described in the 

ADDRESSES section of this notice. If you 

submit information that you believe to 

be exempt by law from public 

disclosure, you should submit one 

complete copy, as well as one copy from 

which the information claimed to be 

exempt by law from public disclosure 

has been deleted. DOE is responsible for 

the final determination with regard to 

disclosure or nondisclosure of the 

information and for treating it 

accordingly under the DOE Freedom of 

Information regulations at 10 CFR 

1004.11. 

Issued in Washington, DC, on July 13, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–18082 Filed 7–19–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following exempt 

wholesale generator filings: 

Docket Numbers: EG11–101–000. 

Applicants: Bishop Hill Energy, LLC. 

Description: Notice of SelfCertification of Exempt Wholesale 

Generator Status of Bishop Hill Energy 

LLC. 

Filed Date: 07/13/2011. 

Accession Number: 20110713–5056. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, August 03, 2011. 

Docket Numbers: EG11–102–000. 

Applicants: Bishop Hill Energy III 

LLC. 

Description: Notice of SelfCertification of Exempt Wholesale 

Generator Status of Bishop Hill Energy 

III LLC. 

Filed Date: 07/13/2011. 

Accession Number: 20110713–5065. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, August 03, 2011. 

Docket Numbers: EG11–103–000. 

Applicants: Bishop Hill Energy II 

LLC. 

Description: Notice of SelfCertification of Exempt Wholesale 

Generator Status of Bishop Hill Energy 

II LLC. 

Filed Date: 07/13/2011. 

Accession Number: 20110713–5090. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, August 03, 2011. 

Docket Numbers: EG11–104–000. 

Applicants: CSOLAR IV South, LLC. 

Description: Notice of SelfCertification of Exempt Wholesale 

Generator Status of CSOLAR IV South, 

LLC. 

Filed Date: 07/13/2011. 

Accession Number: 20110713–5094. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, August 03, 2011. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER10–3357–000; 

ER10–3357–001. 

Applicants: Entergy Arkansas, Inc. 


sroberts on DSK5SPTVN1PROD with NOTICES