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. 


emcdonald on DSK5VPTVN1PROD with NOTICES
64924 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Notices 

11 a.m. Welcome and Roll Call; 

Opening Remarks by the Committee 

Chair; Program Status Update Since 

the Last Meeting. 

12:45 p.m. Public Comments. 

1 p.m. Adjourn. 

Public Participation: The meeting is 

open to the public. The Designated 

Federal Officer and the Chairman of the 

Committee will lead the meeting for the 

orderly conduct of business. Individuals 

who would like to attend must RSVP by 

e-mail to: 

UnconventionalResources@hq.doe.gov 

no later than 12 p.m. on Tuesday, 

October 25, 2011. Please provide your 

name, organization, and citizenship. 

Anyone attending the meeting will be 

required to present government issued 

photo identification. Space is limited. If 

you would like to file a written 

statement with the Committee, you may 

do so either before or after the meeting. 

If you would like to make oral 

statements regarding any of the items on 

the agenda, you should contact Elena 

Melchert at the address or telephone 

number listed above. You must make 

your request for an oral statement at 

least two business days prior to the 

meeting, and reasonable provisions will 

be made to include the presentation on 

the agenda. Public comment will follow 

the three minute rule. 

Minutes: The minutes of this meeting 

will be available for public review and 

copying within 60 days at: http:// 

www.fossil.energy.gov/programs/oilgas/ 

advisorycommittees/ 

UnconventionalResources.html. 

Issued at Washington, DC, on October 11, 

2011. 

LaTanya Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–27054 Filed 10–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Docket No. EERE–2011–BT–DET–0057] 

RIN 1904–AC59 

Updating State Residential Building 

Energy Efficiency Codes 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of preliminary 

determination. 

SUMMARY: The Department of Energy 

(DOE or Department) has preliminarily 

determined that the 2012 edition of the 

International Code Council (ICC) 

International Energy Conservation Code 

(IECC) (2012 IECC or 2012 edition) 

would achieve greater energy efficiency 

in low-rise residential buildings than 

the 2009 IECC. Upon publication of an 

affirmative final determination, States 

would be required to file certification 

statements to DOE that they have 

reviewed the provisions of their 

residential building code regarding 

energy efficiency and made a 

determination as to whether to update 

their code to meet or exceed the 2012 

IECC. Additionally, this Notice provides 

guidance to States on how the codes 

have changed from previous versions, 

and the certification process should this 

preliminary determination be finalized. 

DATES: Comments on this preliminary 

determination must be provided by 

November 18, 2011. 

ADDRESSES: You may submit comments, 

identified by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

michael.erbesfeld@ee.doe.gov. Include 

RIN 1904–AC59 in the subject line of 

the message. 

• Postal Mail: Mr. Michael Erbesfeld, 

U.S. Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy, Forrestal Building, Mail Station 

EE–2J, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121, 

Please submit one signed paper original. 

• Hand Delivery/Courier: Mr. Michael 

Erbesfeld, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, 950 L’Enfant 

Building, Room 6014, 950 L’Enfant 

Plaza, Washington, DC 20024. 

• Instructions: All submissions must 

include the agency name, Department of 

Energy, and docket number, EERE– 

2011–BT–DET–0057, or Regulatory 

Information Number (RIN), (1904– 

AC59) for this determination. 

FOR FURTHER INFORMATION CONTACT: 

Michael Erbesfeld, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Forrestal Building, 

Mail Station EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, (202) 287–1874, e-mail: 

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

issues contact 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 

C. DOE’s Preliminary Determination 

Statement 

II. Discussion of Changes in the 2012 IECC 

A. Changes in the 2012 IECC That Increase 

Energy Efficiency 

B. Changes in the 2012 IECC That Decrease 

Energy Efficiency 

C. Changes in the 2012 IECC That Have an 

Unclear Impact on Energy Efficiency 

D. Changes in the 2012 IECC That Do Not 

Affect Energy Efficiency 

III. Filing Certification Statements With DOE 

A. State Determinations 

B. Certification 

C. Request for Extensions 

IV. Regulatory Analysis 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the National 

Environmental Policy Act of 1969 

D. Review Under Executive Order 13132, 

‘‘Federalism’’ 

E. Review Under the Unfunded Mandates 

Reform Act of 1995 

F. Review Under the Treasury and General 

Government Appropriations Act of 1999 

G. Review Under the Treasury and General 

Government Appropriations Act of 2001 

H. Review Under Executive Order 13211 

I. Review Under Executive Order 13175 

V. Public Participation 

I. Introduction 

A. Statutory Requirements 

Title III of the Energy Conservation 

and Production Act, as amended 

(ECPA), establishes requirements for the 

Building Energy Standards Program. (42 

U.S.C. 6831–6837) Section 304(a) of 

ECPA, as amended, provides that when 

the 1992 Model Energy Code (MEC), or 

any successor to that code, is revised, 

the Secretary must determine, not later 

than 12 months after the revision, 

whether the revised code would 

improve energy efficiency in residential 

buildings and must publish notice of the 

determination in the Federal Register. 

(42 U.S.C. 6833(a)(5)(A)) The 

Department, following precedent set by 

the ICC and the American Society of 

Heating, Refrigerating and AirConditioning Engineers (ASHRAE) 

considers high-rise (greater than three 

stories) multifamily residential 

buildings and hotel, motel, and other 

transient residential building types of 

any height as commercial buildings for 

energy code purposes. Low-rise 

residential buildings include one- and 

two-family detached and attached 

buildings, duplexes, townhouses, row 

houses, and low-rise multifamily 

buildings (not greater than three stories) 

such as condominiums and garden 

apartments. 

If the Secretary determines that the 

revision would improve energy 

efficiency then, not later than 2 years 

after the date of the publication of the 


emcdonald on DSK5VPTVN1PROD with NOTICES