64904 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 

Total Estimated Number of Annual 

Responses: 12. 

Total Estimated Annual Burden 

Hours: 888. 

Abstract 

The American Recovery and 

Reinvestment Act of 2009 provides $4.3 

billion for the Race to the Top Fund 

(referred to in the statute as the State 

Incentive Grant Fund). This is a 

competitive grant program. The purpose 

of the program is to encourage and 

reward States that are creating the 

conditions for education innovation and 

reform; achieving significant 

improvement in student outcomes, 

including making substantial gains in 

student achievement, closing 

achievement gaps, improving high 

school graduation rates, and ensuring 

student preparation for success in 

college and careers; and implementing 

ambitious plans in four core education 

reform areas: (a) Adopting 

internationally-benchmarked standards 

and assessments that prepare students 

for success in college and the 

workplace; (b) building data systems 

that measure student success and 

inform teachers and principals in how 

they can improve their practices; (c) 

increasing teacher effectiveness and 

achieving equity in teacher distribution; 

and (d) turning around our lowestachieving schools. 

The U.S. Department of Education 

(the Department) will collect this data 

from the 12 Race to the Top grantee 

states to inform its review of grantee 

implementation, outcomes, oversight, 

and accountability. The Department will 

use these forms to inform on-site visits, 

‘‘stocktake’’ meetings with 

Implementation and Support Unit 

leadership at the Department, and 

annual reports for individual grantees 

and the grant program as a whole. 

In order to allow for a comprehensive 

program review of the Race to the Top 

grantees, we are requesting a three-year 

clearance with this form. 

Copies of the information collection 

submission for OMB review may be 

accessed from the RegInfo.gov Web site 

at http://www.reginfo.gov/public/do/ 

PRAMain or from the Department’s Web 

site at http://www.edicsweb.ed.gov, by 

selecting the ‘‘Browse Pending 

Collections’’ link and by clicking on 

link number 4666. When you access the 

information collection, click on 

‘‘Download Attachments ’’ to view. 

Written requests for information should 

be addressed to U.S. Department of 

Education, 400 Maryland Avenue, SW., 

LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to the Internet address 

ICDocketMgr@ed.gov or faxed to 202– 

401–0920. Please specify the complete 

title of the information collection and 

OMB Control Number when making 

your request. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877– 

8339. 

[FR Doc. 2011–26927 Filed 10–18–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[Docket No. EERE–2006–BC–0132] 

RIN 1904–AC42 

Building Energy Standards Program: 

Final Determination Regarding Energy 

Efficiency Improvements in the Energy 

Standard for Buildings, Except LowRise Residential Buildings, ANSI/ 

ASHRAE/IESNA Standard 90.1–2010 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of final determination. 

SUMMARY: The Department of Energy 

(DOE or Department) has 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 

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 determined site energy savings are 

estimated to be approximately 18.5 

percent. Upon publication of this 

affirmative final determination, States 

are required to certify that they have 

reviewed the provisions of their 

commercial building code regarding 

energy efficiency, and as necessary, 

updated their code to meet or exceed 

Standard 90.1–2010. Additionally, this 

notice provides guidance to States on 

Certifications, and Requests for 

Extensions of Deadlines for Certification 

Statements. 

DATES: Certification statements by the 

States must be provided by October 18, 

2013. 

ADDRESSES: Certification Statements 

must be addressed to the Buildings 

Technologies Program-Building Energy 

Codes Program Manager, 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. 

FOR FURTHER INFORMATION CONTACT: 

Michael Erbesfeld, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Forrestal Building, 

Mail Station EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, (202) 287–1874, e-mail: 

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

issues contact Kavita Vaidyanathan, 

U.S. Department of Energy, Office of the 

General Counsel, Forrestal Building, 

GC–71, 1000 Independence Avenue, 

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

0669, e-mail: 

kavita.vaidyanathan@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Statutory Requirements 

B. Background 

1. Publication of Standard 90.1–2010 

2. Preliminary Determination 

3. Public Comments Regarding the 

Preliminary Determination 

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. Final 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 

I. Introduction 

A. Statutory Requirements 

Title III of the Energy Conservation 

and Production Act, as amended 

(ECPA), establishes requirements for the 


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Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64905 

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 

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 must 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)). On July 20, 

2011, the DOE published a 

determination in the Federal Register 

updating the reference code to Standard 

90.1–2007. See 76 FR 43287 (July 20, 

2011). 

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 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. 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 were not final until October 15, 

2010. The 2010 edition was published 

on October 28, 2010. 

2. Preliminary Determination 

In arriving at a preliminary 

determination, DOE first reviewed all 

significant changes between the 2010 

edition and the 2007 edition. 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 detailed discussion of the analysis 

methodology, which was subject to 

public comment in 2010 and 2011, can 

be found in the Notice of Preliminary 

Determination for Standard 90.1–2007 

and in the Notice of Preliminary 

Determination for Standard 90.1–2010. 

75 FR 54117 (Sept. 3, 2010) and 76 FR 

43299 (July 20, 2011) respectively. 

3. Public Comments Regarding the 

Preliminary Determination 

DOE accepted public comments on 

the preliminary determination for 

Standard 90.1–2010 until August 19, 

2011. DOE received submissions from a 

total of six different entities. 

The Edison Electric Institute (EEI) 

submitted a written comment (Docket 

No. EERE–2010–BT–DET–0050–0002, 

pgs. 1–3) supporting the preliminary 

determination while stating the 

following four issues: (1) DOE should 

only use the results from its site energy 

analysis and its energy cost analysis to 

make its final determination, and not 

report the source energy analysis results 

in the final determination, (2) the energy 

savings, or at least a portion of the 

estimated energy savings, from addenda 

that include new federal energy 

efficiency standards or provide updates 

to energy efficiency standards should be 

incorporated into the final 

determination analysis, (3) EEI would 

request that the information about the 

impact of addendum ‘‘bu’’ be included 

in the final determination notice, and 

(4) in terms of primary energy 

associated with electricity, the value in 

this notice is overstated and that DOE 

should use a more realistic ratio for 

electricity in its estimates. 

In regards to EEI’s first comment, the 

Department still believes that despite 

the fact that the source energy analysis 

results are estimates, it is important to 

the discussion of global resources and 

environmental issues to report them. 

Source energy (or primary energy) 

addresses the energy needed to deliver 

energy to the building in addition to the 

energy used at the building and thus 

provides a more complete view of the 

total energy expenditure used by a 

building than site energy. However, 

DOE realizes that site energy is the 

energy that typically appears on utility 

bills and that is seen by the consumer. 

DOE also realizes that it is energy cost 

(as shown on energy bills) to which 

many consumers react. It is for this 

reason that DOE provides all three 

metrics—site energy, source energy, and 

energy cost—in its determinations. 

EEI’s second comment is in reference 

to the fact that the Department does not 

include the impact from new or updated 

federal energy efficiency standards in its 

determination of energy savings. For the 

quantitative analysis performed for the 

90.1–2010 preliminary determination 

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

documents/ 

QuantitativeAnalysisReport901- 

2010Determination.pdf), DOE 


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64906 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 

incorporated only addenda that 

modified the prescriptive requirements 

of the Standard. New or updated federal 

efficiency standards are not 

independent requirements of the 

standard, but rather reflections of 

Federal manufacturing requirements. In 

specific circumstances, particularly 

with regard to requirements for certain 

heating, ventilation, and air 

conditioning (HVAC) equipment, 

addenda to Standard 90.1–2010 reflect 

changes to national manufacturing 

standards previously developed by DOE 

or enacted independently through 

Federal legislation. The energy savings 

that are attributable to these national 

manufacturing standards would accrue 

no matter what version of Standard 90.1 

is considered and regardless of whether 

they are reflected in the text of the 

Standards, therefore DOE has not 

incorporated these as changes 

contributing to energy savings for the 

purpose of the Determination. 

EEI’s third comment requests that 

information regarding the impact of 

addendum ‘‘bu’’ be included in the final 

determination. Addendum ‘‘bu’’ added 

equipment efficiency requirements for 

mechanical equipment serving 

computer rooms, however none of the 

prototype building models that DOE 

uses in its simulations have data centers 

and therefore the quantifiable impact of 

this addendum was not captured. DOE 

does note that the impact of addendum 

‘‘bu’’ is captured in the qualitative, or 

text comparison analysis, where 

addendum ‘‘bu’’ is listed as a major 

positive and noted as a new efficiency 

requirement. When the prototype 

building models used in this 

determination were developed by DOE 

and later reviewed by ASHRAE, no data 

center models were included because at 

that point Standard 90.1 did not include 

efficiency requirements related to data 

centers. DOE did not add data centers to 

the prototype building models for this 

determination because the quantitative 

impact of this addendum would not 

change the fact that this is a positive 

final determination of energy savings. 

DOE is considering adding data centers 

to the prototype building models for 

future determinations. 

EEI’s final comment suggests that 

DOE use a more realistic electricity ratio 

for determining primary energy 

associated with electricity production 

by crediting renewable energy 

production on the primary side of 

generation and on the on-site/delivered 

side of electricity consumption. The 

Department has chosen to be consistent 

within their energy analyses by using 

Energy Information Administration’s 

(EIA) data and conversion factors solely 

and by choosing not to mix and match 

conversion factors. DOE recognizes that 

these conversion factors are estimates 

and that some types of utility energy 

inputs do not have known conversion 

factors and other inputs have multiple 

generally accepted conversion factors. 

The Department has chosen not to 

subtract primary renewable energy from 

the delivered electricity losses value 

because renewable energy generated as 

primary energy is still subject to losses 

in the delivery process to the site. Also, 

DOE has chosen not to add on-site 

generated renewable energy to the 

delivered electricity value when 

determining the electricity ratio because 

on-site generated renewable energy is 

not subject to the losses that are 

incurred when delivering primary 

energy from the plant to the site. 

Therefore the delivered electricity and 

delivered electricity loss values used in 

the preliminary determination are the 

same values used in this final 

determination and yield the electricity 

ratio of 3.2, explained on page 31–32 of 

this notice, for converting how much 

primary (source) electricity is required 

per unit of site required electricity. 

The Gas Technology Institute (GTI) 

submitted a written comment (Docket 

No. EERE–2010–BT–DET–0050–0005, 

pg. 1) stating that it supports the 

analysis and states that until ASHRAE 

90.1 addresses issues related to full fuelcycle energy metrics and a single 

baseline building budget, the DOE 

preliminary determination is 

incomplete and misleading. 

The Department’s preliminary 

determination does estimate source 

energy metrics, and DOE has not chosen 

to use a single baseline building budget 

because there are a multitude of 

building types with far different 

operating requirements and 

accompanying energy needs. A single 

baseline building budget would 

penalize certain building types while 

aiding other building types depending 

on how far away their respective 

baseline budgets were from a single 

average baseline budget. 

DOE also notes that while DOE has 

recently issued a notice of proposed 

policy (NOPP) related to full-fuel-cycle 

analysis for appliance and equipment 

standards (76 FR 51281, Docket No. 

EERE–2010–BT–NOA–0028, ‘‘Energy 

Conservation Program for Consumer 

Products and Certain Commercial and 

Industrial Equipment: Statement of 

Policy for Adopting Full-Fuel-Cycle 

Analyses Into Energy Conservation 

Standards Program’’), this policy was 

not proposed for application to building 

energy codes and standards such as 

Standard 90.1. This policy was a direct 

offshoot of the National Academy of 

Sciences report discussed in 

conjunction with the comment below 

from Laclede Gas Company. DOE notes 

that GTI’s comment takes issue with 

standard 90.1. DOE’s role in 

determinations is to compare the latest 

version of Standard 90.1 with the 

previous version and to determine if the 

latest version improves the level of 

energy efficiency in commercial 

buildings over the previous version. 

While DOE is a participant in the 

Standard 90.1 development process, 

DOE does not control the content of 

Standard 90.1. 

The American Gas Association 

submitted a written comment (Docket 

No. EERE–2010–BT–DET–0050–0004, 

pg. 1) stating that the performance 

requirements for commercial electric 

storage water heaters greater then 12kW 

appear to be less stringent than the 

current federal minimum efficiency 

requirements for this class of water 

heaters. 

DOE acknowledges the discrepancy 

between Federal standards for 

commercial electric storage water 

heaters and the requirements for this 

equipment in Standard 90.1–2010. For 

the purposes of this determination the 

performance requirements for 

commercial electric storage water 

heaters greater than 12kW in ASHRAE 

90.1–2010 are not applicable as this 

determination is only concerned with 

whether the 90.1–2010 version 

improves the level of energy efficiency 

in commercial buildings compared to 

the 2007 version of 90.1, and the 

performance requirements of this 

equipment did not change from the 

2007 to 2010 version. 

The Laclede Gas Company submitted 

a written comment (Docket No. EERE– 

2010–BT–DET–0050–0007, pgs. 1–5) 

stating the following three issues: (1) 

Laclede contends there is a conflict of 

interest because DOE evaluates new 

versions of the ASHRAE 90.1 through 

its Pacific Northwest National Lab 

(PNNL), the staff of which participate in 

ASHRAE committees; (2) Laclede 

objects ‘‘to the site-based energy 

efficiency metric because it does not 

fulfill the ‘scientific integrity’ objectives 

as ordered by the Presidential Scientific 

Integrity Memorandum of March 9, 

2009’’; and (3) Laclede is concerned that 

‘‘DOE has limited its ‘Statement of 

Policy’ for implementing the National 

Academy of Sciences (NAS) conclusions 

to the minimum efficiency standards of 

appliances. Laclede contends that the 

NAS conclusions should also apply to 

building efficiency standards.’’ 

In response to Laclede’s first issue, 

DOE acknowledges that staff members at 


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PNNL participate in ASHRAE. However, 

the determination analyses were 

reviewed by DOE management. 

In response to Laclede’s second issue, 

DOE believes that its determination on 

Standard 90.1–2010 has indeed 

followed the requirements of the 

Presidential Memorandum on Scientific 

Integrity. DOE has subjected the 

scientific and technological information 

it considered in this determination to 

well-established scientific processes and 

DOE made available to the public the 

scientific and technological findings 

and conclusions considered or relied on 

in this final determination by way of the 

preliminary determination and public 

comment period. DOE provides all three 

metrics—site energy, source energy, and 

energy cost—in its determinations. DOE 

does not mandate energy efficiency 

standards which give electric resistance 

heat an efficiency advantage over 

natural gas. DOE’s role in 

determinations is to compare the latest 

version of Standard 90.1 with the 

previous version and to determine if the 

latest version improves the level of 

energy efficiency in commercial 

buildings over the previous version. 

In response to Laclede’s third issue, 

DOE interprets the phrase ‘‘NAS 

conclusions’’ to refer to the National 

Academy of Sciences (NAS) report 

entitled ‘‘Review of Site (Point-of-Use) 

and Full-Fuel-Cycle Measurement 

Approaches to DOE/EERE Building 

Appliance Energy-Efficiency 

Standards—Letter Report (2009) 

(available at http://books.nap.edu/

openbook.php?record_id=12670&

page=1). DOE has not limited its 

‘‘Statement of Policy’’ because this NAS 

report is for the application to ‘‘building 

appliances’’ where DOE has statutory 

authority to set building appliance 

standards, and does not apply to 

determinations of energy efficiency for 

building energy codes. Today’s 

determination is based on a review of 

the work of ASHRAE, as required by 

statute, and does not establish the 

efficiency standards of the ASHRAE 

code. 

The Building Codes Assistance 

Project (BCAP) submitted a written 

comment (Docket No. EERE–2010–BT– 

DET–0050–0003, pgs. 1–2) supporting 

the DOE’s determination and suggests 

that DOE follow up with the States after 

publication of the Final Determination 

as well as making public which States 

comply with the statutory requirements 

to submit certification letters within two 

years of publication. 

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). 

The Natural Resources Defense 

Council (NRDC) submitted a written 

comment (Docket No. EERE–2010–BT– 

DET–0050–0006, pgs. 1–2) agreeing 

with and supporting the Department’s 

preliminary determination that 

ASHRAE Standard 90.1–2010 saves 

energy compared to ASHRAE 90.1–2007 

and urges the Department to finalize 

this 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. 

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 final determination. No 

changes were made to the final detailed 

textual analysis from the preliminary 

detailed textual analysis. 

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 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. 

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). 


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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 

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). 

13 ............. M .............. 6. Heating, Ventilating, 

and Air Conditioning.

Updates chiller efficiency requirements. Establishes additional path of compliance for 

water-cooled chillers. Combines all watercooled 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). 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64909 

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 

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 crosssectional 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). 

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). 


emcdonald on DSK5VPTVN1PROD with NOTICES
64910 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 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 

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 liquidto-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, 

end-use customers, and code officials with 

motor specifications and verifications.

0 (implements Federal motor requirements). 

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.

Minor + (reduces pumping energy). 

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. 

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 singledigit rafter roofs.0 (updates default tables). 

39 ............. Ao ............ 6. Heating, Ventilating, 

and Air Conditioning.

Repairs know errata to Table 6.8.1E and reorders 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). 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64911 

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 

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). 

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). 


emcdonald on DSK5VPTVN1PROD with NOTICES
64912 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 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 

55 ............. Bg ............ 6. Heating, Ventilating, 

and Air Conditioning; 12. Normative References.

Establishes a product class for water-towater 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). 

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 southfacing 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). 

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). 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64913 

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 

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 short-circuiting 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.

Major + (expansion of automatic 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. 

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). 

77 ............. Cd ............ 9. Lighting .................. Additions to (1) Strengthen language to actually require exterior control rather than just 

require the control capability, (2) add bilevel 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). 


emcdonald on DSK5VPTVN1PROD with NOTICES
64914 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 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 

80 ............. Ch ............ 11. Energy Cost 

Budget Method; 

Normative Appendix 

G. Performance 

Rating Method.

Clarifies baseline minimum setpoints for fanpowered 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 work-station-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). 

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 requirement s for service 

water pressure booster systems). 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64915 

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 

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). 

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 ‘‘field-fabricated 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 semiheated spaces. BN dealt with orientation 

specific SHGC requirements..

0 (alternative compliance path). 


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64916 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 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 

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). 

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. 


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Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64917 

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 

Net-Zero Energy Commercial Building 

Initiative. (These reference building 

prototypes were formerly known as 

Benchmark building models). No 

changes were made to the final 

quantitative analysis from the 

preliminary quantitative analysis. 

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 $0.1026/kWh of electricity and 

$10.06 per 1000 cubic feet ($0.9796/ 

therm) of natural gas, based on EIA 

statistics for 2009 (the last complete 

year of data available in Table 5B 

Commercial Average Monthly Bill by 

Census Division, and State—available 

from EIA at http://www.eia.gov/cneaf/ 

electricity/esr/table5_b.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 final determination reflect 

approximately 80% of the total square 

footage of commercial construction 

including multi-family buildings greater 


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64918 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 

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 final 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 

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 final 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 final quantitative 

analysis can be found in the full final 

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 


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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 

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

National ............................................ .......................................................... 100 55.0 142.4 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. Final Determination Statement 

DOE’s review and evaluation 

indicates that there are significant 

differences between the 2007 edition 

and the 2010 edition. DOE’s overall 

final 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 determined that the 

remaining addenda either represented 

no change in stringency, or indicated a 

positive change in stringency 

corresponding to improved efficiency. 

Overall, DOE 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 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. 


emcdonald on DSK5VPTVN1PROD with NOTICES
64920 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 

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, 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 

Upon publication of this affirmative 

final determination, each State is 

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 is 

required to be taken not later than two 

years from the date of publication of this 

notice of final determination, 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 

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 

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)) Today’s final 

determination is being published before 

the 2 year deadline to file a certification 

for the 2007 positive determination; 

therefore, 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, is to provide the 

certification to the Secretary. Such a 

designated State official also is to 

provide the certifications regarding the 

codes of units of general purpose local 

government based on information 

provided by responsible local officials. 

Certifications are to be sent to the 

address provided in the ADDRESSES

section. 

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. Requests are 

to be sent to the address provided in the 

ADDRESSES section. 

IV. Regulatory Analysis 

A. Review Under Executive Order 12866 

Today’s action is not a significant 

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

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735; 

October 4, 1993). Accordingly, today’s 

action was not subject to review by the 

Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

preparation of an initial regulatory 

flexibility analysis for any rule that by 

law must be proposed for public 

comment, unless the agency certifies 

that the rule, if promulgated, will not 

have a significant economic impact on 

a substantial number of small entities. 

As required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ (67 FR 53461 

(Aug. 16, 2002)), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process (68 FR 7990). DOE 

has made its procedures and policies 

available on the Office of General 

Counsel’s Web site: http:// 

www.gc.doe.gov. 

DOE has reviewed today’s final 

determination under the provisions of 

the Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003. Since today’s action 

on the determination of improved 

energy efficiency between the 2007 and 

2010 editions of Standard 90.1 is now 

finalized by DOE, it requires States to 


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Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64921 

undertake an analysis of their respective 

building codes. As such, the only 

entities directly regulated by this final 

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 final 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 final 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 

Today’s action is covered under the 

Categorical Exclusion found in DOE’s 

National Environmental Policy Act 

regulations at paragraph A.6. of 

Appendix A to subpart D, 10 CFR part 

1021. That Categorical Exclusion 

applies to actions that are strictly 

procedural, such as rulemaking 

establishing the administration of 

grants. Today’s action is required by 

Title III of ECPA, as amended, which 

provides that whenever the Standard 

90.1–1989, or any successor to that 

code, is revised, the Secretary must 

make a determination, not later than 12 

months after such revision, whether the 

revised code would improve energy 

efficiency in commercial buildings and 

must publish notice of such 

determination in the Federal Register. 

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

determines that the revision of Standard 

90.1–1989 or any successor thereof, 

improves the level of energy efficiency 

in commercial buildings then no later 

than 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 final 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 ANSI 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 


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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. 

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. 

Upon publication of this affirmative 

final determination, each State is 

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 this 

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 needs 

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 day, 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 

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/build-skills-networks/ 

resources/cities-101/number-of-localgovernments—population-distribution. 

Their summary indicates the following: 

• 19,492 Municipal governments; 

• 16,519 Town or Township 

governments; 


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Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 64923 

• 3,033 County governments; 

• 13,726 School districts; and 

• 37,381 Special district 

governments. 

(5) 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+3,033+50 = 39,094. 

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. 

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 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 October 12, 

2011. 

Henry Kelly, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–27057 Filed 10–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Unconventional Resources 

Technology Advisory Committee 

AGENCY: Office of Fossil Energy, 

Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Unconventional 

Resources Technology Advisory 

Committee. The Federal Advisory 

Committee Act (Pub. L. 92–463, 86 Stat. 

770) requires that notice of this meeting 

be announced in the Federal Register. 

DATES: Thursday, October 27, 2011; 11 

a.m. to 1 p.m. (EDT). 

ADDRESSES: U.S. Department of Energy, 

1000 Independence Avenue, SW., 

Washington, DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Elena Melchert, U.S. Department of 

Energy, Office of Oil and Natural Gas, 

Washington, DC 20585. Phone: (202) 

586–5600. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Committee: The 

purpose of the Unconventional 

Resources Technology Advisory 

Committee is to provide advice on 

development and implementation of 

programs related to onshore 

unconventional natural gas and other 

petroleum resources to the Secretary of 

Energy and provide comments and 

recommendations and priorities for the 

Department of Energy Annual Plan per 

requirements of the Energy Policy Act of 

2005, Title IX, Subtitle J, section 999. 

Tentative Agenda 

10:30 a.m. Registration. 


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