```

[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Pages 57915-57928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22885]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[EERE-2014-BT-DET-0030]
RIN 1904-AD33

Preliminary Determination Regarding Energy Efficiency 
Improvements in the 2015 International Energy Conservation Code

AGENCY: Energy Efficiency and Renewable Energy, Department of Energy.

ACTION: Notice of Preliminary Determination.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) has preliminarily 
determined that the 2015 edition of the International Energy 
Conservation Code (IECC) would improve energy efficiency in buildings 
subject to the code compared to the 2012 edition. DOE analysis 
indicates that buildings meeting the 2015 IECC (as compared with 
buildings meeting the 2012 IECC) would result in national source energy 
savings of approximately 1.03 percent, site energy savings of 
approximately 1.12 percent, and energy cost savings of approximately 
0.90 percent of residential building energy consumption, as regulated 
by the IECC. If this determination is finalized, each State would be 
required by statute to certify that it has reviewed the provisions of 
its residential building code regarding energy efficiency, and made a 
determination as to whether to update their code to meet or exceed the 
2015 IECC. Additionally, this notice provides guidance to States on 
these processes and associated certifications.

DATES: Comments must be provided by October 27, 2014.

ADDRESSES: Any comments submitted must identify docket number EERE-
2014-BT-DET-0030 or Regulatory Information Number (RIN) 1904-AD33. 
Comments may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: www.Regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: 2015IECC2014DET0030@ee.doe.gov. Include the docket number 
and/or RIN in the subject line of the message.
    3. Mail: Ms. Brenda Edwards; U.S. Department of Energy, Building 
Technologies Office EE-5B; 1000 Independence Avenue SW., Washington, DC 
20585. If possible, please submit all items on a CD, in which case it 
is not necessary to include printed copies.

[[Page 57916]]

    4. Hand Delivery/Courier: Ms. Brenda Edwards; U.S. Department of 
Energy, Building Technologies Office EE-5B; 1000 Independence Avenue 
SW., Washington, DC 20585. If possible, please submit all items on a 
CD, in which case it is not necessary to include printed copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see Section VII of this document 
(Public Participation).
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at Regulations.gov. All documents in the docket are listed in 
the site index. However, some documents listed in the index, such as 
those containing information that is exempt from public disclosure, may 
not be publicly available.
    A link to the docket Web page can be found at: http://www.energycodes.gov/regulations/determinations. This Web page will 
contain a link to the docket for this notice on the Regulations.gov 
site. The Web page will contain simple instructions on how to access 
all documents, including public comments, in the docket. See Section 
VII for further information on how to submit comments through 
Regulations.gov.
    For further information on how to submit a public comment or review 
other comments and the docket, contact Ms. Brenda Edwards at (202) 586-
2945 or by email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Jeremiah Williams; U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, 1000 
Independence Avenue SW., EE-5B, Washington, DC 20585; (202) 287-1941; 
Jeremiah.Williams@ee.doe.gov.
    For legal issues, please contact Kavita Vaidyanathan; U.S. 
Department of Energy, Office of the General Counsel, 1000 Independence 
Avenue SW., GC-71, Washington, DC 20585; (202) 586-0669; 
Kavita.Vaidyanathan@hq.doe.gov.

SUPPLEMENTARY INFORMATION:
I. Introduction
    A. Statutory Authority
    B. Background
II. Introduction
III. Methodology
IV. Summary of Findings
V. Preliminary Determination Statement
VI. State Certification
VII. Regulatory Review & Analysis
VIII. Public Participation

I. Introduction

A. Statutory Authority

    Title III of the Energy Conservation and Production Act (ECPA), as 
amended, establishes requirements for building energy conservation 
standards, administered by the DOE Building Energy Codes Program. (42 
U.S.C. 6831 et seq.) Section 304(a), as amended, of ECPA provides that 
whenever the 1992 Model Energy Code (MEC), or any successor to that 
code, is revised, the Secretary of Energy (Secretary) must make a 
determination, not later than 12 months after such revision, whether 
the revised code would improve energy efficiency in residential 
buildings, and must publish notice of such determination in the Federal 
Register. (42 U.S.C. 6833(a)(5)(A)) The Secretary may determine that 
the revision of the 1992 MEC, or any successor thereof, improves the 
level of energy efficiency in residential buildings. If so, then not 
later than 2 years after the date of the publication of such 
affirmative determination, each State is required to certify that it 
has reviewed its residential building code regarding energy efficiency, 
and made a determination as to whether it is appropriate to revise its 
code to meet or exceed the provisions of the successor code. (42 U.S.C. 
6833(a)(5)(B)) State determinations are to be made: (1) After public 
notice and hearing; (2) in writing; (3) based upon findings included in 
such determination and upon evidence presented at the hearing; and (4) 
available to the public. (See 42 U.S.C. 6833(a)(2)) In addition, if a 
State determines that it is not appropriate to revise its residential 
building code, the State is required to submit to the Secretary, in 
writing, the reasons, which are to be made available to the public. 
(See 42 U.S.C. 6833(a)(4))
    ECPA requires the Secretary to permit extensions of the deadlines 
for the State certification if a State can demonstrate that it has made 
a good faith effort to comply with the requirements of section 304(a) 
of ECPA, and that it has made significant progress in doing so. (42 
U.S.C. 6833(c)) DOE is also directed to provide technical assistance to 
States to support implementation of State residential and commercial 
building energy efficiency codes. (42 U.S.C. 6833(d))

B. Background

    The International Energy Conservation Code (IECC) is the national 
model code establishing energy efficiency requirements for residential 
buildings. The IECC is revised every 3 years through a code development 
and consensus process administered by the International Code Council 
(ICC).\1\ Code change proposals may be submitted by any interested 
party, and are evaluated through a series of public hearings. As part 
of the ICC process, any interested party may submit proposals, as well 
as written comments or suggested changes to any proposal, and make 
arguments before a committee of experts assembled by the ICC. At the 
final public hearing, arguments are presented to and voted upon by the 
ICC Governmental Member Representatives, with the collection of 
accepted proposals forming the revised edition of the IECC. The ICC 
published the 2015 edition of the IECC (2015 IECC or 2015 edition) on 
June 3, 2014, which forms the basis of this determination notice.
---------------------------------------------------------------------------

    \1\ More information on the ICC code development and consensus 
process is described at http://www.iccsafe.org/cs/codes/Pages/procedures.aspx
---------------------------------------------------------------------------

II. Methodology

    In arriving at a preliminary determination, DOE reviewed all 
changes between the 2015 and 2012 editions of the IECC. The IECC covers 
a broad spectrum of the energy-related components and systems in 
buildings, ranging from simpler residential buildings to more complex 
multifamily facilities. For the purposes of its preliminary 
determination, DOE focused only on low-rise residential buildings, 
defined in a manner consistent with the ICC and the American Society of 
Heating, Refrigerating and Air-conditioning Engineers (ASHRAE). Low-
rise residential buildings include one- and two-family detached and 
attached buildings, and low-rise multifamily buildings (not greater 
than three stories), such as condominiums and garden apartments. The 
2015 IECC was developed through the same approach as the previous 2012 
edition with approval through the ICC consensus process. The 2015 
edition contains no significant changes to the overall scope or the 
structure of the prescriptive and mandatory provisions of the code, 
which form the basis of the DOE determination analysis. As a result, 
DOE preliminarily determined that the methodology used for the analysis 
of the 2012 IECC should again be utilized for the analysis of the 2015 
IECC.
Overview of Methodology
    The analysis methodology used by DOE contains both qualitative and 
quantitative components. A qualitative comparison is undertaken to 
identify textual changes between requirements in the 2015 and 2012 
editions of the

[[Page 57917]]

IECC, followed by a quantitative assessment of energy savings conducted 
through whole-building simulations of buildings constructed to meet the 
minimum requirements of each code over a range of U.S. climates. The 
analysis methodology, which was previously developed through a public 
comment process, is available on the DOE Building Energy Codes Program 
Web site.\2\
---------------------------------------------------------------------------

    \2\ See http://www.energycodes.gov/development/residential/methodology.
---------------------------------------------------------------------------

    Consistent with its previous determinations, DOE compared overall 
editions of the IECC, and did not issue determinations for individual 
code changes. DOE interprets the language in section 304(a) of ECPA to 
mean that when a comprehensive revision of the 1992 MEC is published 
(which in this case is the 2015 IECC), then that revised or successor 
code triggers the Secretary's obligation to issue a determination as to 
whether the revised code improves energy efficiency in residential 
buildings. (See 42 U.S.C. 6833(a)(5)(A)) This determination is made by 
comparing the revised or successor code to the last predecessor code.
Consideration for Technological and Economic Factors
    Section 304(a) of ECPA states that the Secretary is required to 
make a determination as to whether any successor standard to the 1992 
MEC will improve energy efficiency. (42 U.S.C. 6833(a)(5)(A)) Section 
304 of ECPA does not include any reference to economic justification, 
although such criteria are considered directly by the ICC code 
development and consensus process, as applicable. Each proposal 
submitted to the ICC code development process also requires a 
declaration of whether the proposed code change will increase the cost 
of construction.
    Separate from the Secretary's determination under section 304(a), 
section 307 of ECPA requires DOE to periodically review the technical 
and economic basis of the voluntary building energy codes, and 
participate in the industry process for review and modification, 
including seeking adoption of all technologically feasible and 
economically justified energy efficiency measures. (42 U.S.C. 6836(b)) 
In fulfillment of this directive, DOE evaluates its code change 
proposals submitted to the ICC, analyzing energy savings and cost-
effectiveness, as applicable, and otherwise participates in the ICC 
process. In addition, DOE performs independent technical and economic 
analysis of the IECC as part of its direction to provide assistance to 
States implementing building energy codes. This approach allows DOE to 
meet its statutory obligation to participate in the industry process 
for review and modification of the IECC, and to seek adoption of all 
technologically feasible and economically justified energy efficiency 
measures. (42 U.S.C. 6836(b))
    In preparation for technical assistance activities, DOE previously 
developed a standardized methodology for assessing the cost-
effectiveness of code changes through a public process. (78 FR 47677) 
This methodology is published on the DOE Building Energy Codes Program 
Web site, and has been applied by DOE in the development of code change 
proposals for the IECC, as well as assessing the cost-effectiveness of 
published editions of the IECC. DOE expects to update this methodology 
periodically to ensure its assumptions and economic criteria remain 
valid and adequate for States considering adoption of model building 
energy codes.

III. Summary of Findings

    In performing its determination, DOE performed both a qualitative 
and quantitative analysis of the prescriptive and mandatory 
requirements contained in the 2015 IECC. The chosen methodology for 
these analyses is consistent with actions of recent determinations, and 
provides a reasonable assessment of how the code will affect energy 
savings in residential buildings. A summary of the analyses supporting 
DOE's determination is outlined in the following sections.
Qualitative Analysis
    DOE performed a comparative analysis of the textual requirements of 
the 2015 IECC, examining the specific changes (approved code changes) 
made between the 2012 and the 2015 editions. The ICC Code Hearing 
process considers individual code changes for approval, and then 
bundles all the approved code changes together to form the next 
published edition. In creating the 2015 IECC, ICC processed 77 approved 
code change proposals. DOE evaluated each of these code change 
proposals in preparing its determination.
    Overall, DOE found that the vast majority of changes in the 2015 
IECC appear to be neutral (i.e., have no direct impact on energy 
savings) within the context of the determination analysis. DOE also 
found that beneficial changes (i.e., increased energy savings) outweigh 
any changes with a detrimental effect on energy efficiency in 
residential buildings. Of the 77 total changes:
     6 were considered beneficial;
     62 were considered neutral;
     5 were considered negligible;
     3 were considered detrimental; and
     1 was considered to have an unquantifiable impact.
    Table III.1 presents the findings resulting from the qualitative 
analysis, along with a description of the change, as well as an 
assessment of the anticipated impact on energy savings in residential 
buildings. Additional details pertaining to the qualitative analysis 
are presented in a technical support document.\3\
---------------------------------------------------------------------------

    \3\ Mendon et al., 2015 IECC Preliminary Determination of Energy 
Savings: Technical Analysis (PNNL, Richland, WA, August 2014), 
available at http://www.pnnl.gov/main/publications/external/
technicalreports/PNNL-23438.pdf.

                                   Table III.1--Qualitative Analysis Findings
----------------------------------------------------------------------------------------------------------------
                                  Code section(s)                            Impact on energy
        Proposal number            affected \(a)\   Description of changes      efficiency           Reason
----------------------------------------------------------------------------------------------------------------
RE1-13.........................  R101.4.3 (IRC      Deletes the exception   Neutral..........  The residential
                                  N1101.3).          for vestibules in the                      code has no
                                                     provisions pertaining                      requirements for
                                                     to additions,                              vestibules.
                                                     alterations,
                                                     renovations, and
                                                     repairs.
RE3-13.........................  R103.2 (IRC        Deletes text relating   Neutral..........  Editorial change.
                                  N1101.8).          to commercial
                                                     building components
                                                     in ``Information on
                                                     Construction
                                                     Documents''.

[[Page 57918]]

 
RE5-13.........................  R202 (IRC          Deletes the definition  Neutral..........  The definition
                                  N1101.9).          of ``entrance door''.                      applied to
                                                                                                nonresidential
                                                                                                buildings only.
RE6-13.........................  R202 (NEW) (IRC    Adds definition of      Neutral..........  Addition of
                                  N1101.9 (NEW)).    ``Insulating Siding''                      definition.
                                                     and notes that the
                                                     insulation level of
                                                     this siding must be R-
                                                     2 or greater.
RE9-13.........................  R202 (NEW) (IRC    Adds an appendix with   Neutral..........  No direct impact,
                                  N1101.9 (NEW)),    non-mandatory                              but has the
                                  R304 (NEW) (IRC    provisions for homes                       potential to
                                  N1101.16 (NEW)).   to be ``solar-                             increase
                                                     ready.'' Designed to                       efficiency in
                                                     be readily referenced                      the future.
                                                     by adopting
                                                     authorities as needed.
RE12-13........................  R401.2 (IRC        Minor clarification     Neutral..........  Clarification of
                                  N1101.15).         that the code's                            code
                                                     mandatory                                  requirements.
                                                     requirements should
                                                     be met in all
                                                     compliance paths.
RE14-13........................  R401.3 (IRC        Adds more options for   Neutral..........  Not energy
                                  N1101.16).         the allowable                              related but does
                                                     locations for posting                      eliminate a
                                                     the certificate of                         small
                                                     occupancy.                                 enforcement
                                                                                                hindrance.
RE16-13........................  R401.3 (IRC        Similar to RE14-13.     Neutral..........  Not energy
                                  N1101.16).         Allows more options                        related but does
                                                     for the allowable                          eliminate a
                                                     locations for posting                      small
                                                     the certificate of                         enforcement
                                                     occupancy.                                 hindrance.
RE18-13........................  R402.1 (IRC        Cross-references vapor  Neutral..........  Adds consistency
                                  N1102.1),          barrier requirements                       and clarifies
                                  R402.1.1 (NEW)     by referencing IRC                         code
                                  (IRC N1102.1.1     R702.7.                                    requirements.
                                  (NEW)).
RE30-13........................  Table R402.1.1,    Modifies footnote h to  Neutral..........  Adds an option
                                  (IRC Table         these tables to allow                      for combined
                                  N1102.1.1).        combined sheathing/                        insulated
                                                     siding.                                    sheathing/siding
                                                                                                that meets code
                                                                                                requirements.
RE43-13........................  R402.1.2 (IRC      Adds use of term        Neutral..........  Minor
                                  N1102.1.2).        ``continuous                               clarification of
                                                     insulation'' instead                       terminology.
                                                     of ``insulating
                                                     sheathing''.
RE45-13........................  Table R402.1.3     Slightly increases      Negligible.......  Intended to
                                  (IRC N1102.1.3).   frame wall U-factor                        correct a
                                                     in climate zones 1                         perceived
                                                     and 2. The R-value                         misalignment
                                                     table remains                              between the
                                                     unchanged.                                 code's R-value-
                                                                                                based
                                                                                                requirements and
                                                                                                the alternative
                                                                                                U-factor-based
                                                                                                requirements.
                                                                                                The changes are
                                                                                                very small and
                                                                                                unlikely to
                                                                                                change wall
                                                                                                insulation
                                                                                                levels in most
                                                                                                homes.
RE50-13........................  Table R402.1.3     Slightly increases      Negligible.......  Intended to
                                  (IRC Table         frame wall U-factor                        correct a
                                  N1102.1.3).        in climate zones 1-5                       perceived
                                                     but reduces it in                          misalignment
                                                     climate zones 6-8.                         between the
                                                     The R-value table                          code's R-value-
                                                     remains unchanged.                         based
                                                                                                requirements and
                                                                                                the alternative
                                                                                                U-factor-based
                                                                                                requirements.
                                                                                                The changes are
                                                                                                very small and
                                                                                                unlikely to
                                                                                                change wall
                                                                                                insulation
                                                                                                levels in most
                                                                                                homes.
RE53-13........................  R402.2.1 (IRC      Clarifies decreased     Neutral..........  Clarification of
                                  N1102.2.1).        ceiling insulation                         the code
                                                     allowance for                              requirement.
                                                     ceilings with attic
                                                     spaces only.
RE58-13........................  R402.2.4 (IRC      Clarifies that          Neutral..........  Clarification of
                                  N1102.2.4).        vertical doors are                         the code
                                                     not ``access doors''                       requirement.
                                                     in R402.2.4 and shall
                                                     be permitted to meet
                                                     the fenestration
                                                     requirements of Table
                                                     402.1.1.

[[Page 57919]]

 
RE60-13........................  R402.2.7 (IRC      Allows the floor        Neutral..........  Allows a
                                  N1102.2.7),        cavity insulation to                       combination of
                                  Table R402.4.1.1   not be in contact                          cavity and
                                  (IRC Table         with the underside of                      continuous
                                  N1102.4.1.1).      the subfloor decking                       insulation to
                                                     if it is in contact                        meet the floor R-
                                                     with the topside of                        value
                                                     sheathing or                               requirement.
                                                     continuous insulation
                                                     installed on the
                                                     bottom side of floor
                                                     framing.
RE63-13........................  Table R402.1.1     Clarifies footnote h    Neutral..........  Clarification of
                                  (IRC Table         text by rewording it                       code
                                  N1102.1.1),        and moving it to new                       requirements.
                                  R402.2.13 (NNEW)   section R402.2.13.
                                  (IRC N1102.2.13
                                  (NEW)).
RE68-13........................  R402.3.5 (IRC      Slightly increases      Detrimental......  Applies to only
                                  N1102.3.5).        sunroom U-factor and                       climate zone 1,
                                                     solar heat gain                            the zone least
                                                     coefficient (SHGC)                         sensitive to
                                                     requirements.                              outdoor
                                                                                                temperature;
                                                                                                impacts only
                                                                                                thermally
                                                                                                isolated
                                                                                                sunrooms.
RE83-13........................  Table R402.4.1.1   Clarifies requirements  Neutral..........  Minor addition
                                  (IRC Table         for wall corner and                        and
                                  N1102.4.1.1).      headers to have                            clarification of
                                                     insulation that has                        code
                                                     at least R-3 per                           requirements.
                                                     inch, and clarifies
                                                     that it is the
                                                     cavities in such
                                                     components that
                                                     require the
                                                     insulation.
RE84-13........................  Table R402.4.1.1   Allows a combination    Neutral..........  Subset of RE60-
                                  (IRC Table         of cavity and                              13; makes minor
                                  N1102.4.1.1).      continuous insulation                      clarifying
                                                     to meet the floor R-                       revisions to
                                                     value requirement.                         wording.
RE85-13........................  Table R402.4.1.1   Reorganizes Table       Neutral..........  Clarification of
                                  (IRC Table         402.4.1.1 by adding                        code
                                  N1102.4.1.1).      an additional column                       requirements.
                                                     and separating ``air
                                                     barrier criteria''
                                                     from ``insulation
                                                     installation
                                                     criteria,'' for
                                                     clarity.
RE86-13........................  Table R402.4.1.1   Clarifies language      Neutral..........  Clarification of
                                  (IRC Table         relating to fireplace                      code
                                  N1102.4.1.1),      sealing/door                               requirements.
                                  R402.4.2 (IRC      requirements.
                                  N1102.4.2).
RE91-13........................  R402.4.1.2 (IRC    Adds references to the  Neutral..........  Adds more
                                  N1102.4.1.2),      American Society for                       detailed
                                  Chapter 5.         Testing and Materials                      references for
                                                     (ASTM) standards E779                      procedures.
                                                     and E1827 for blower
                                                     door testing.
RE103-13.......................  R403.1.1 (IRC      Adds requirements for   Neutral..........  Clarifies that
                                  N1103.1.1).        the thermostat to be                       the requirement
                                                     pre-programmed by the                      is the
                                                     manufacturer.                              manufacturer's
                                                                                                responsibility.
RE105-13.......................  R403.1.1 (IRC      Makes the programmable  Neutral..........  No direct impact
                                  N1103.1.1).        thermostat                                 on energy.
                                                     requirement apply to
                                                     any heating/cooling
                                                     system.
RE107-13.......................  R403.2.1 (IRC      Increases insulation    Beneficial.......  Modestly reduces
                                  N1103.2.1).        requirements for                           conduction
                                                     return ducts in                            losses from
                                                     attics from R-6 to R-                      return ducts in
                                                     8.                                         attics.
RE109-13.......................  R403.2 (IRC        Makes the maximum       Neutral..........  Zero-sum tradeoff
                                  N1103.2),          allowable duct                             within IECC
                                  R403.2.2 (IRC      leakage rates                              performance path
                                  N1103.2.2),        prescriptive,                              rules; applies
                                  R403.2.3 (NEW)     allowing performance                       only to
                                  (IRC N1103.2.3     path trade-offs.                           compliance via
                                  (NEW)), R403.2.4                                              performance
                                  (NEW) (IRC                                                    path.
                                  N1103.2.4 (NEW)).
RE111-13.......................  R403.2.2 (IRC      Aligns the IECC with    Neutral..........  Requires sealing
                                  N1103.2.2).        the International                          of additional
                                                     Mechanical Code (IMC)                      locking joints
                                                     by removing exception                      for consistency
                                                     from duct sealing for                      between the IECC
                                                     low-pressure                               and IMC. Impact
                                                     continuously welded                        is negligible
                                                     ducts.                                     because the
                                                                                                mandatory duct
                                                                                                pressure test
                                                                                                governs duct
                                                                                                leakage
                                                                                                regardless of
                                                                                                specific sealing
                                                                                                strategies.

[[Page 57920]]

 
RE112-13.......................  R403.2.2 (IRC      Allows the maximum      Detrimental......  More duct leakage
                                  N1103.2.2).        allowable duct                             to the indoors
                                                     leakage of 4 cubic                         is possible in
                                                     feet per minute/100                        some
                                                     square feet (post-                         configurations,
                                                     construction) to be                        which can be
                                                     optionally measured                        detrimental to
                                                     as leakage to                              air balancing.
                                                     outdoors rather than
                                                     total leakage.
RE117-13.......................  R403.2.2 (IRC      Deletes exception       Neutral..........  Editorial change
                                  N1103.2.2).        relating to partially                      to eliminate
                                                     inaccessible duct                          irrelevant text.
                                                     connections.
RE118-13.......................  R403.2.2 (IRC      Reverses the order of   Neutral..........  Rearrangement of
                                  N1103.2.2).        how the two duct                           text.
                                                     testing options are
                                                     presented.
RE125-13, Part I...............  R403.4.1 (IRC      Adds requirements for   Beneficial.......  Demand activated
                                  N1103.4.1),        demand-activated                           control reduces
                                  R403.4.1.1 (NEW)   control on hot water                       the runtime of
                                  (IRC N1103.4.1.1   circulation systems                        circulation
                                  (NEW)),            and heat trace                             pumps.
                                  R403.4.1.2 (NEW)   systems. Makes IECC,
                                  (IRC N1103.4.1.2   IRC, and IPC
                                  (NEW)), Chapter    consistent and
                                  5, IPC [E]         clarifies
                                  607.2.1, [E]       requirements for
                                  607.2.1.1 (NEW),   these systems.
                                  [E] 607.2.1.1.1
                                  (NEW), [E]
                                  607.2.1.1.2
                                  (NEW), IPC
                                  Chapter 14, IRC
                                  P2905 (NEW), IRC
                                  P2905.1 (NEW).
RE132-13.......................  R403.4.2 (IRC      Deletes requirement     Beneficial.......  Energy lost due
                                  N1103.4.2),        for domestic hot                           to the
                                  Table R403.4.2     water (DHW) pipe                           elimination of
                                  (IRC Table         insulation to kitchen                      hot water pipe
                                  N1103.4.2).        and the generic                            insulation on
                                                     requirement on long/                       the kitchen pipe
                                                     large-diameter pipes.                      is typically
                                                     However, adds DHW                          more than made
                                                     pipe insulation for 3/                     up by added
                                                     4-inch pipes.                              insulation
                                                                                                requirements for
                                                                                                pipes 3/4 inches
                                                                                                in diameter, the
                                                                                                most common size
                                                                                                for trunk lines.
RE136-13, Part I...............  R403.4.2 (NEW)     Adds demand control     Beneficial.......  Demand activated
                                  (IRC N1103.4.2     requirements for                           control reduces
                                  (NEW)), IPC 202,   recirculating systems                      the runtime of
                                  IPC [E]607.2.1.1   that use a cold water                      circulation
                                  (NEW), IRC P2905   supply pipe to return                      pumps.
                                  (NEW), IRC         water to the tank.
                                  P2905.1 (NEW).
RE142-13.......................  R403.6 (IRC        Requires heating,       Neutral..........  DOE's Appliances
                                  N1103.6).          ventilation, and air-                      and Commercial
                                                     conditioning                               Equipment
                                                     equipment to meet                          Standards
                                                     Federal efficiency                         Program
                                                     standards.                                 regulates the
                                                                                                minimum
                                                                                                efficiency of
                                                                                                units produced
                                                                                                by equipment
                                                                                                manufacturers.
RE163-13.......................  R405.4.2 (IRC      Specifies details of a  Neutral..........  No direct impact
                                  N1105.4.2),        compliance report for                      on energy.
                                  R405.4.2.1 (NEW)   the performance
                                  (IRC N1105.4.2.1   approach.
                                  (NEW)), R405.2.2
                                  (NEW) (IRC
                                  N1105.4.2.2
                                  (NEW)).
RE167-13.......................  Table R405.5.2(1)  Fixes missing standard  Neutral..........  Adds details for
                                  (IRC Table         reference design                           modeling the
                                  B1105.5.2(1)).     specifications for                         standard
                                                     thermal distribution                       reference design
                                                     systems.                                   in the
                                                                                                performance
                                                                                                path.
RE173-13.......................  Table R405.5.2(1)  Adjusts Table           Neutral..........  Simple
                                  (IRC Table         R405.5.2(1) (the                           clarification of
                                  N1105.5.2(1)).     performance path)                          the intent of
                                                     terminology for doors                      the code.
                                                     and fenestration.

[[Page 57921]]

 
RE184-13.......................  R101.4.3, R202,    Revamps alterations     Neutral..........  Trade-offs
                                  R406 (NEW), (IRC   language and moves it                      between weakened
                                  N1101. 3,          from chapter 1 to                          and strengthened
                                  N1101.9,           section R406.                              requirements
                                  N1106(NEW)).                                                  possible but
                                                                                                there is no
                                                                                                feasible method
                                                                                                for quantifying
                                                                                                the energy
                                                                                                impact of these
                                                                                                trade-offs.
RE188-13.......................  R202 (NEW) (IRC    Optional new approach   Not quantifiable   New alternative
                                  N1101.9 (NEW)),    in section 406          at this time.      compliance path--
                                  R401.2 (IRC        requiring an ERI with                      no data is
                                  N1101.15), R406    a tradeoff limitation                      currently
                                  (NEW) (IRC N1106   on the thermal                             available to
                                  NEW).              envelope requirements.                     adequately
                                                                                                estimate the
                                                                                                number of homes
                                                                                                that may be
                                                                                                constructed
                                                                                                using this
                                                                                                compliance path.
RE193-13.......................  R202 (IRC          Adds requirements for   Neutral..........  Impacts air
                                  N1101.9), 403.10   testing of combustion                      quality; no
                                  (New) (IRC         venting systems.                           direct impact on
                                  N1103.10 (New)).                                              home energy
                                                                                                usage.
RE195-13.......................  R402.1.2.........  Subtracts out R-0.6     Neutral..........  Adds consistency
                                                     for insulating siding                      in R-value
                                                     from R-value table to                      calculations.
                                                     prevent double
                                                     counting of siding.
RB96-13, Part I................  Table R402.4.1.1.  Specifies that air      Neutral..........  Minor
                                                     sealing shall be                           clarification of
                                                     provided in fire                           code
                                                     separation assemblies.                     requirements.
RB100-13.......................  R303.4...........  Corrects the air        Neutral..........  Consistency
                                                     infiltration                               change.
                                                     threshold in R303.4
                                                     to be 5 air changes
                                                     per hour or less to
                                                     align it with the
                                                     infiltration limits
                                                     set by the code.
SP19-13, Part III..............  303.1; IECC        Makes numerous wording  Neutral..........  No direct impact
                                  C404.7; IECC       changes to pool and                        on home energy
                                  R403.9.            spa requirements.                          usage.
                                                     Doesn't appear to
                                                     make substantive
                                                     changes.
ADM22-13, Part III.............  IECC: R108.2.....  Revises ``owner's       Neutral..........  Simple language
                                                     agent'' to ``owner's                       change.
                                                     authorized agent'' in
                                                     R108.2.
ADM30-13, Part III.............  IECC: R103.4.....  Adds ``work shall be    Neutral..........  Simple language
                                                     installed in                               change.
                                                     accordance with the
                                                     approved construction
                                                     documents'' to R103.4.
ADM40-13, Part III.............  IECC: R103.1.....  Adds ``technical        Neutral..........  Simple language
                                                     reports'' as                               change.
                                                     acceptable data for
                                                     submittal with a
                                                     permit application.
ADM51-13, Part III.............  IECC: R202 (IRC    Adds ``retrofit'' and   Neutral..........  Simple language
                                  N1101.9).          other terms to                             change.
                                                     definition of
                                                     ``alteration''.
ADM57-13, Part III.............  IECC: R202 (IRC    Adds definition of      Neutral..........  Simple language
                                  N1101.9)(New).     ``approved agency.''.                      change.
ADM60-13, Part III.............  IECC: R202 (IRC    Revises definition of   Neutral..........  Simple language
                                  N1101.9).          ``repairs.''.                              change.
CE4-13, Part II................  R101.4, R202 (IRC  Editorial relocation    Neutral..........  Editorial change.
                                  N1101.9);          of code text
                                  R402.3.6 (IRC      pertaining to
                                  N1102.3.6),        ``existing
                                  Chapter 5 (RE)     buildings'' to a
                                  (NEW) (IRC N1106   separate chapter.
                                  (NEW)).
CE8-13, Part II................  R101.4.2, R202     Revises language        Beneficial.......  Additional
                                  (NEW) (IRC         requiring the code to                      buildings must
                                  N1101.9 (NEW)).    apply to historic                          meet the code
                                                     buildings if no                            requirements.
                                                     ``compromise to the
                                                     historic nature and
                                                     function of the
                                                     building'' occurs.
CE11-13, Part II...............  R101.4.3, (IRC     Adds existing single-   Neutral..........  Exceptions are
                                  N1101.3).          pane fenestration                          allowed only if
                                                     with surface films to                      energy use is
                                                     the list of                                not increased.
                                                     exceptions in
                                                     R101.4.3.
CE15-13, Part II...............  R101.4.3 (IRC      Revises exemption for   Neutral..........  Editorial change.
                                  N1101.3), R202     roofing replacement.
                                  (NEW) (IRC
                                  N1101.9 (NEW)).
CE23-13, Part II...............  R101.5.2 (IRC      Relocates exception     Neutral..........  Editorial change.
                                  N1101.6), R402.1   for ``low energy''
                                  (IRC N1102.1).     buildings from
                                                     R101.5.2 to R402.1.

[[Page 57922]]

 
CE33-13, Part II...............  R102, R102.1.1     Changes title of        Neutral..........  Editorial change.
                                  (NEW).             section R102 to
                                                     ``Applicability--Duti
                                                     es and powers of the
                                                     Code Official'' and
                                                     revises language on
                                                     ``alternative
                                                     materials, design and
                                                     methods of
                                                     construction and
                                                     equipment''.
CE37-13, Part II...............  R103.2.1 (NEW)...  Requires the            Neutral..........  Simple
                                                     building's thermal                         documentation
                                                     envelope to be                             requirement.
                                                     represented on
                                                     construction
                                                     documents.
CE38-13, Part II...............  R103.3, R104.1,    Revises a number of     Neutral..........  No direct impact
                                  R104.2 (NEW),      administrative                             on energy.
                                  R104.3, R104.3.1   requirements to
                                  (NEW), R014.3.2    enhance the ability
                                  (NEW), R104.3.3    to ensure compliance
                                  (NEW), R104.3.4    with the code and
                                  (NEW), R104.3.5    improve the usability
                                  (NEW), R104.3.6    of the code.
                                  (NEW), R104.5.
CE43-13, Part II...............  R106.2...........  Deletes R106.2          Neutral..........  Editorial change.
                                                     ``Conflicting
                                                     requirements''
                                                     because it is
                                                     redundant with
                                                     ``Conflicts'' in
                                                     R106.1.1.
CE44-13, Part II...............  R108.4...........  Revises language        Neutral..........  Editorial change.
                                                     pertaining to
                                                     ``fines'' in section
                                                     R108.4.
CE49-13, Part III..............  R202 (NEW) (IRC    Adds definition of a    Neutral..........  Editorial change.
                                  N1101.9 (NEW)).    ``circulating hot
                                                     water system''.
CE50-13, Part II...............  R202 (NEW) (IRC    Add definition of       Neutral..........  Editorial change.
                                  N1101.9 (NEW)).    ``climate zone''.
CE51-13, part II...............  R202 (IRC          Revises the definition  Neutral..........  Revision of
                                  N1101.9).          of ``conditioned                           definition.
                                                     space''.
CE52-13, Part II...............  R202 (NEW) (IRC    Adds definition of      Neutral..........  Definition
                                  N1101.9 (NEW)).    ``continuous                               addition.
                                                     insulation''.
CE59-13, Part II...............  R202 (IRC          Revises the definition  Neutral..........  Revision of
                                  N1101.9).          of ``vertical                              definition.
                                                     glazing''.
CE61-13, Part II...............  Table R301.1.....  Adds ``Broomfield       Neutral..........  Editorial change.
                                                     County'' to Table
                                                     C301.1 and R301.1.
CE62-13, Part II...............  Figure R301.1      Eliminates the ``warm   Neutral..........  No efficiency
                                  (IRC Figure        humid'' designation                        requirements
                                  N1101.10), Table   for counties in the                        depend on the
                                  R301.1 (IRC        ``dry'' moisture                           warm-humid
                                  Table N1101.10).   regime in Southwest                        designation in
                                                     Texas.                                     Climate Zone 2/
                                                                                                Dry.
CE63-13, Part II...............  R303.1.1 (IRC      Requires labelling R-   Neutral..........  Labeling
                                  N1101.12.1).       value on packaging of                      requirement.
                                                     insulated siding and
                                                     listing of same on
                                                     the certification.
CE65-13, Part II...............  R303.1.3 (IRC      Adds the American       Neutral..........  Adds an option of
                                  N1101.12.3),       National Standards                         using ANSI/DASMA
                                  Chapter 5.         Institute (ANSI)/Door                      105 instead of
                                                     and Access Systems                         NFRC 100.
                                                     Manufacturers
                                                     Association (DASMA)
                                                     standard 105 as an
                                                     alternative to
                                                     National Fenestration
                                                     and Rating Council
                                                     (NFRC) 100 for
                                                     determining U-factors
                                                     of garage doors,
                                                     where required.
CE66-13, Part II...............  R301.4 (NEW) (IRC  Defines a new           Detrimental......  Exception to code
                                  N1101.10.3         ``Tropical'' climate                       requirements
                                  (NEW)), R406       zone and adds an                           applicable to a
                                  (NEW) (IRC N1106   optional compliance                        small number of
                                  (NEW)).            path for semi-                             homes in
                                                     conditioned                                tropical areas.
                                                     residential buildings
                                                     with a list of pre-
                                                     defined criteria to
                                                     be deemed as code
                                                     compliant in this
                                                     climate zone.
CE67-13, Part II...............  R303.1.4.1         Adds ASTM C1363 as the  Neutral..........  Addition of
                                  (N1101.12.4)       required test                              testing
                                  (NEW), Chapter 5.  standard for                               requirements.
                                                     determining the
                                                     thermal resistance (R-
                                                     value) of insulating
                                                     siding.
CE161-13, Part II..............  R402.3.2 (IRC      Allows dynamic glazing  Negligible.......  Similar energy
                                  N1102.3.2).        to satisfy the SHGC                        impact to non-
                                                     requirements provided                      dynamic glazing.
                                                     the ratio of upper to
                                                     lower SHGC is 2.4 or
                                                     greater and is
                                                     automatically
                                                     controlled to
                                                     modulate the amount
                                                     of solar gain into
                                                     the space.
CE177-13, Part II..............  R402.1.2 (NEW),    Requires open           Neutral..........  Relates to indoor
                                  (IRC N1102.4.1.2   combustion appliances                      air quality and
                                  (NEW)).            to be outside                              does not impact
                                                     conditioned space or                       energy directly.
                                                     in a room isolated
                                                     from conditioned
                                                     space and ducted to
                                                     the outside.

[[Page 57923]]

 
CE179-13, Part II..............  Table R402.4.1.1   Exempts fire            Negligible.......  The home/unit
                                  (IRC Table         sprinklers from air                        would still have
                                  N1102.4.1.1).      sealing requirements.                      to pass the
                                                                                                blower door
                                                                                                test.
CE283-13, Part II..............  R403.4.3 (NEW)     Requires drain water    Negligible.......  Enables credit
                                  (N1103.5 (NEW)),   heat recovery systems                      for efficiency
                                  Chapter 5, IRC     to comply with                             improvements due
                                  P2903.11 (NEW).    Canadian Standards                         to the use of
                                                     Association (CSA)                          drain water heat
                                                     Standard 55 and adds                       recovery
                                                     references to CSA                          devices.
                                                     Standard 55 to
                                                     chapter 5.
CE362-13, Part II..............  R403.2 (New) (IRC  Adds requirement for    Beneficial.......  Lowering boiler
                                  N1103.2 (New)).    outdoor setback                            water
                                                     control for hot water                      temperature
                                                     boilers that controls                      during periods
                                                     the boiler water                           of moderate
                                                     temperature based on                       outdoor
                                                     the outdoor                                temperature
                                                     temperature.                               reduces energy
                                                                                                consumption of
                                                                                                the boiler.
----------------------------------------------------------------------------------------------------------------
(a) Code sections refer to the 2012 IECC.
KEY: The following terms are used to characterize the effect of individual code change on energy efficiency (as
  contained in the above table): Beneficial indicates that a code change is anticipated to improve energy
  efficiency; Detrimental indicates a code change may increase energy use in certain applications; Neutral
  indicates that a code change is not anticipated to impact energy efficiency; Negligible indicates a code
  change may have energy impacts but too small to quantify; and Not Quantifiable indicates that a code change
  may have energy impacts but cannot be quantified at this time.

    In addition to the changes approved for inclusion in the 
prescriptive and mandatory paths, ICC also approved a proposal based on 
an Energy Rating Index (ERI) in the 2015 IECC. While this change does 
not directly alter stringency of the code, it does provide an 
additional compliance path as an alternative to the IECC prescriptive 
and performance paths. DOE determination analyses have historically 
been based on the prescriptive compliance path. This has been done 
because: (1) The prescriptive compliance path is generally considered 
the predominant compliance path, and; (2) the performance path 
effectively allows a limitless number of ways to comply with the code, 
and no accepted methodology exists for how to analyze it. Equally 
important, there is no aggregated source of data allowing for 
documentation of how buildings meet the performance path criteria. In 
the absence of such data, an analysis of the performance path would 
have no empirical basis.
    The inclusion of a new type of compliance path in the 2015 IECC, 
which is based on an Energy Rating Index (ERI), prompted DOE to review 
its historical approach of using only the prescriptive path, and make a 
decision as to whether a change in methodology would be appropriate for 
the current determination analysis. Three primary points were 
considered:
    (1) The impact of the ERI path on national residential energy 
consumption is dependent on the number of homes that use this new path, 
and the unique building characteristics of those homes. As no 
jurisdiction has yet implemented the 2015 IECC, there is no way to know 
how many homes will use this path.
    (2) An analysis conducted by Pacific Northwest National Laboratory 
(PNNL) concluded that most homes built using the ERI path, as specified 
in the 2015 IECC, are likely to be at least as efficient as the homes 
built to meet the prescriptive requirements of the IECC or the 
traditional performance path.\4\
---------------------------------------------------------------------------

    \4\ Taylor et al., Identification of RESNET HERS Index Values 
Corresponding to Minimal Compliance with the IECC (PNNL, Richland, 
WA, May 2014), available at http://www.energycodes.gov/hers-and-iecc-performance-path
---------------------------------------------------------------------------

    (3) Including the new ERI path but not the traditional performance 
path would be arbitrary relative to historical determination analysis. 
An accepted methodology, along with a supporting data source, by which 
to analyze the performance path would also be necessary, and is not 
currently available.
    Based on these three points, DOE concluded that it is appropriate 
to follow its historical approach for the current determination. 
However, DOE acknowledges that the landscape of code compliance may be 
changing, and therefore plans to track the implementation and 
application of the new ERI path, as well as collect relevant data that 
may enable DOE to further evaluate the ERI path in future analyses. DOE 
will also investigate the possibility of collecting data that could 
provide the basis for a broader analysis of performance-based 
compliance paths. Finally, DOE will explore whether the total number of 
homes built under each path can be determined and tracked over time. 
DOE anticipates that multiple paths may be considered in future 
determinations, but will only be included if the potential energy 
savings are large enough to significantly change the results that would 
occur from an analysis of prescriptive requirements.
    Table III.2 summarizes the overall impact of the code change 
proposals in the qualitative analysis. Overall, the sum of the 
beneficial code changes (6) is greater than the number of the 
detrimental code change proposals (3).

[[Page 57924]]

               Table III.2--Overall Summary of Code Change Proposal Impact in Qualitative Analysis
----------------------------------------------------------------------------------------------------------------
                                                                            Unquantifiable at
    Detriment           Neutral            Benefit       Negligible impact      this time            Total
----------------------------------------------------------------------------------------------------------------
              3                 62                  6                  5                  1                 77
----------------------------------------------------------------------------------------------------------------

Quantitative Analysis
    The quantitative analysis of the 2015 IECC was carried out using 
whole-building energy simulations of prototype buildings designed to 
meet the requirements of the 2012 IECC and the 2015 IECC. DOE simulated 
32 representative residential building types across 15 U.S. climate 
locations, with locations selected to be representative of all U.S 
climate zones, as defined by the IECC. Energy use intensities (EUI) by 
fuel type and by end-use, as regulated by the IECC (i.e., heating, 
cooling, domestic water heating and lighting) were extracted for each 
building type, and weighted by the relative square footage of 
construction (represented by building type in each climate regions).
    The quantitative analysis of buildings designed to meet the 
requirements of the 2015 IECC indicates national site energy savings of 
1.12 percent of residential building energy consumption, as regulated 
by the IECC (in comparison to the 2012 IECC). Associated source energy 
savings are estimated to be approximately 1.03 percent, and national 
average energy cost savings are estimated to be approximately 0.90 
percent. Table III.3 and Table III.4 show the energy use and associated 
savings resulting from the 2015 IECC by climate zone and on an 
aggregated national basis. Further details on the quantitative analysis 
can be found in the technical support document.

    Table III.3--Estimated Regulated Annual Site and Source Energy Use Intensities (EUI), and Energy Costs by
                                            Climate-Zone (2012 IECC)
----------------------------------------------------------------------------------------------------------------
                                                            Site EUI  (kBtu/     Source EUI     Energy costs  ($/
                       Climate zone                             ft\2\-yr)      (kBtu/ft\2\-yr)    residence-yr)
----------------------------------------------------------------------------------------------------------------
1.........................................................             14.18             39.23               866
2.........................................................             16.38             41.32              1052
3.........................................................             16.04             38.05               927
4.........................................................             18.35             40.54               980
5.........................................................             26.65             44.44              1082
6.........................................................             28.35             46.27              1118
7.........................................................             35.16             59.78              1408
8.........................................................             48.68             84.06              2166
National Weighted Average.................................             19.92             41.45              1015
----------------------------------------------------------------------------------------------------------------

    Table III.4--Estimated Regulated Annual Site and Source Energy Use Intensities (EUI), and Energy Costs by
                                            Climate-Zone (2015 IECC)
----------------------------------------------------------------------------------------------------------------
                                                            Site EUI  (kBtu/     Source EUI     Energy costs  ($/
                       Climate zone                             ft\2\-yr)      (kBtu/ft\2\-yr)    residence-yr)
----------------------------------------------------------------------------------------------------------------
1.........................................................             14.07             38.98               862
2.........................................................             16.21             40.93              1044
3.........................................................             15.83             37.59               917
4.........................................................             18.12             40.06               970
5.........................................................             26.39             44.05              1074
6.........................................................             28.08             45.86              1110
7.........................................................             34.82             59.20              1396
8.........................................................             48.17             83.16              2143
National Weighted Average.................................             19.69             41.02              1006
----------------------------------------------------------------------------------------------------------------

    Table III.5 presents the estimated energy savings (based on percent 
change in EUI and energy costs) associated with the 2015 IECC. Overall, 
the updated code is expected to increase the energy efficiency of 
residential buildings, as represented in Table III.5.

              Table III.5--Regulated Annual Energy Savings Estimated from the Quantitative Analysis
----------------------------------------------------------------------------------------------------------------
                                                                                                  Energy costs
                       Climate zone                          Site EUI \(a)\   Source EUI \(a)\        \(a)\
----------------------------------------------------------------------------------------------------------------
1.........................................................             0.81%             0.64%             0.46%
2.........................................................             1.04%             0.93%             0.82%
3.........................................................             1.33%             1.20%             1.03%
4.........................................................             1.26%             1.19%             1.03%
5.........................................................             0.98%             0.87%             0.76%
6.........................................................             0.95%             0.87%             0.75%
7.........................................................             0.98%             0.96%             0.85%
8.........................................................             1.06%             1.07%             1.07%

[[Page 57925]]

 
National Weighted Average.................................             1.12%             1.03%             0.90%
----------------------------------------------------------------------------------------------------------------
(a) Percentages are calculated before rounding and may not exactly match percentages calculated between Table
  IV.3 and Table IV.4.

IV. Preliminary Determination Statement

    Review and evaluation of the 2012 and 2015 editions of the IECC 
indicate that there are differences between the two editions. 
Qualitative analysis of the updated code reveals that many of the code 
changes are anticipated to have a neutral impact on energy efficiency, 
while a small number of code changes are anticipated to yield improved 
energy efficiency, and a smaller number of code changes are anticipated 
to be detrimental to energy efficiency. In addition, quantitative 
analysis of the code indicates regulated site energy, source energy, 
and energy cost savings of 1.12 percent, 1.03 percent and 0.90 percent, 
respectively. DOE has rendered the preliminary conclusion that the 2015 
IECC will improve energy efficiency in residential buildings, and, 
therefore, should receive an affirmative determination under Section 
304(a) of ECPA.

V. State Certification

    If today's determination is finalized, each State would be required 
to determine the appropriateness of revising the portion of its 
residential building code regarding energy efficiency to meet or exceed 
the energy efficiency provisions of the 2015 IECC. (42 U.S.C. 
6833(a)(5)(B)) This action must be made not later than 2 years from the 
date of publication of a Notice of Final Determination, unless an 
extension is provided.
State Review and Update
    The State determination must be: (1) Made after public notice and 
hearing; (2) in writing; (3) based upon findings and upon the evidence 
presented at the hearing; and (4) made available to the public. (42 
U.S.C. 6833(a)(2)) States have discretion with regard to the hearing 
procedures they use, subject to providing an adequate opportunity for 
members of the public to be heard and to present relevant information. 
The Department recommends publication of any notice of public hearing 
through appropriate and prominent media outlets, such as in a newspaper 
of general circulation. States should also be aware that this 
determination does not apply to IECC chapters specific to 
nonresidential buildings, as defined in the IECC. Therefore, if today's 
action is finalized, States must certify their evaluations of their 
State building codes for residential buildings with respect to all 
provisions of the IECC, except for those chapters not affecting 
residential buildings.
State Certification Statements
    If a State makes a determination that it is not appropriate to 
revise the energy efficiency provisions of its residential building 
code, the State must submit to the Secretary, in writing, the reasons 
for this determination and the statement shall be available to the 
public. (42 U.S.C. 6833(a)(4)) State certifications are to be sent to 
the address provided in the ADDRESSES section, or may be submitted to 
BuildingEnergyCodes@ee.doe.gov.
    The DOE Building Energy Codes Program tracks and reports State code 
adoption and certifications.\5\ Once a State has adopted an updated 
residential code, DOE typically provides software, training, and 
support for the new code, as long as the new code is based on the 
national model code (i.e., the 2015 IECC). DOE has issued previous 
guidance on how it intends to respond to technical assistance requests 
related to implementation resources, such as building energy code 
compliance software. (79 FR 15112) DOE also recognizes that some States 
develop their own codes that are only loosely related to the national 
model codes, and DOE does not typically provide technical support for 
those codes. However, DOE 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. (See 42 U.S.C. 6833(e)) DOE does not prescribe how each 
State adopts and enforces its energy codes.
---------------------------------------------------------------------------

    \5\ Available at http://www.energycodes.gov/adoption/states
---------------------------------------------------------------------------

Requests for Extensions
    Section 304(c) of ECPA requires that the Secretary permit an 
extension of the deadline for complying with the certification 
requirements described above, if a State can demonstrate that it has 
made a good faith effort to comply with such requirements, and that it 
has made significant progress toward meeting its certification 
obligations. (42 U.S.C. 6833(c)) Such demonstrations could include one 
or both of the following: (1) A plan for response to the requirements 
stated in Section 304; or (2) a statement that the State has 
appropriated or requested funds (within State funding procedures) to 
implement a plan that would respond to the requirements of Section 304 
of ECPA. This list is not exhaustive. Requests are to be sent to the 
address provided in the ADDRESSES section, or may be submitted to 
BuildingEnergyCodes@ee.doe.gov.

VI. Regulatory Review and Analysis

Review Under Executive Orders 12866 and 13563
    Today's action is not a significant regulatory action under Section 
3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735). Accordingly, today's action was not reviewed by the Office 
of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget (OMB). DOE has also reviewed this regulation 
pursuant to Executive Order 13563, issued on January 18, 2011. (76 FR 
3281) Executive Order 13563 is supplemental to and explicitly reaffirms 
the principles, structures, and definitions governing regulatory review 
established in Executive Order 12866.
Review Under the Regulatory Flexibility Act
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking'' (67 FR 53461), DOE published procedures and 
policies on February 19, 2003, to ensure that the potential impacts of 
its rules on small entities are properly considered during the 
rulemaking process. (68 FR 7990) DOE has also made its procedures and

[[Page 57926]]

policies available on the Office of General Counsel Web site.\6\
---------------------------------------------------------------------------

    \6\ Available at http://energy.gov/gc/office-general-counsel
---------------------------------------------------------------------------

    DOE has reviewed today's action under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published in 
February 2003. Once DOE finalizes this determination of improved energy 
efficiency, it would require States to undertake an analysis of their 
respective building codes. As such, the only entities directly 
regulated by this determination would be States. DOE does not believe 
that there will be any direct impacts on small entities, such as small 
businesses, small organizations, or small governmental jurisdictions. 
Based on the foregoing, DOE certifies that this preliminary 
determination would not have a significant economic impact on a 
substantial number of small entities. Accordingly, DOE has not prepared 
a regulatory flexibility analysis for this determination. DOE's 
certification and supporting statement of factual basis will be 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration pursuant to 5 U.S.C. 605(b).
Review Under the National Environmental Policy Act of 1969
    Today's action is covered under the Categorical Exclusion found in 
DOE's National Environmental Policy Act regulations at paragraph A.6 of 
appendix A to subpart D, 10 CFR part 1021. That Categorical Exclusion 
applies to actions that are strictly procedural, such as rulemaking 
establishing the administration of grants. Today's action is required 
by Title III of ECPA, as amended, which provides that whenever the 1992 
MEC, 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 residential 
buildings and must publish notice of such determination in the Federal 
Register. (42 U.S.C. 6833(a)(5)(A)) If the Secretary determines that 
the revision of 1992 MEC, or any successor thereof, improves the level 
of energy efficiency in residential buildings, then no later than 2 
years after the date of the publication of such affirmative 
determination, each State is required to certify that it has reviewed 
its residential building code regarding energy efficiency and made a 
determination whether it is appropriate to revise its code to meet or 
exceed the provisions of the successor code. (42 U.S.C. 6833(a)(5)(B)) 
Therefore, DOE has determined that this preliminary determination is 
not a major Federal action that would have direct environmental 
impacts. Accordingly, DOE has not prepared an environmental assessment 
or an environmental impact statement.
Review Under Executive Order 13132, ``Federalism''
    Executive Order 13132 (64 FR 43255) imposes certain requirements on 
agencies formulating and implementing policies or regulations that pre-
empt State law or that have federalism implications. Agencies are 
required to examine the constitutional and statutory authority 
supporting any action that would limit the policymaking discretion of 
the States and carefully assess the necessity for such actions. 
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 long-term operating costs that 
may affect adversely the repayment of, and security for, loans made, 
insured, or guaranteed by Federal agencies or made by federally insured 
or regulated instrumentalities; and
    (4) State and local building codes or similar controls can provide 
an existing means by which to ensure, in coordination with other 
building requirements and with a minimum of Federal interference in 
State and local transactions, that newly constructed buildings contain 
adequate energy conservation features. (42 U.S.C. 6831)
    Pursuant to Section 304(a) of ECPA, DOE is statutorily required to 
determine whether the most recent edition of the MEC (or its successor) 
would improve the level of energy efficiency in residential buildings 
as compared to the previous edition. If DOE makes a positive 
determination, the statute requires each State to certify that it has 
reviewed its residential building code regarding energy efficiency and 
made a determination whether it is appropriate to revise its code to 
meet or exceed the provisions of the successor code. (42 U.S.C. 
6833(a)(5)(B))
    Executive Order 13132 requires meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications unless funds necessary to pay the direct costs 
incurred by the State and local governments in complying with the 
regulation are provided by the Federal Government. (62 FR 43257) 
Pursuant to Section 304(e) of ECPA, the Secretary is required to 
provide incentive funding to States to implement the requirements of 
Section 304, and to improve and implement State residential and 
commercial building energy efficiency codes, including increasing and 
verifying compliance with such codes. In determining whether, and in 
what amount, to provide incentive funding, the Secretary must consider 
the actions proposed by the State to implement the requirements of this 
section, to improve and implement residential and commercial building 
energy efficiency codes, and to promote building energy efficiency 
through the use of such codes. (See 42 U.S.C. 6833(e)) Therefore, 
consultation with States and local officials regarding this 
determination was not required.
    However, DOE notes that State and local governments were invited to 
participate in the development of the 2015 IECC. The IECC is developed 
in a national consensus process open to the public, and in which State 
and local governments may participate, along with the general public. 
The updated code is the product of a series of code change proposals to 
the prior edition of the code, with each change made available for 
public review, and with any interested party having the ability to 
participate and submit comments. Comments on the code change proposals 
and public comments are received, reviewed, and resolved through an 
established process administered by the ICC. Many representatives from 
State and local governments participate in the code development 
hearings. As directed by Congress, DOE believes that this process has 
given State and local jurisdictions extensive opportunity to comment 
and express any concerns on the 2015 IECC, the subject of this 
determination.
    Within two years from the issuance of a final determination that 
the 2015 IECC would improve the energy efficiency of residential 
buildings, ECPA requires each State to certify to the Secretary that it 
has reviewed its residential building code regarding energy efficiency, 
and made a determination whether it is appropriate to revise its code 
to meet or exceed the provisions of the successor code. DOE notes that 
ECPA sets forth

[[Page 57927]]

this requirement for States. (42 U.S.C. 6833(a)(5)(B)) States are given 
broad freedom to either adopt the IECC or develop their own code that 
meets or exceeds the IECC.
Review Under Unfunded Mandates Reform Act of 1995
    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires Federal agencies to examine closely the impacts of regulatory 
actions on State, local, and tribal governments. Subsection 101(5) of 
Title I of that law defines a Federal intergovernmental mandate to 
include any regulation that would impose upon State, local, or tribal 
governments an enforceable duty, except a condition of Federal 
assistance or a duty arising from participating in a voluntary Federal 
program. Title II of that law requires each Federal agency to assess 
the effects of Federal regulatory actions on State, local, and tribal 
governments, in the aggregate, or to the private sector, other than to 
the extent such actions merely incorporate requirements specifically 
set forth in a statute. Section 202 of that title requires a Federal 
agency to perform an assessment of the anticipated costs and benefits 
of any rule that includes a Federal mandate that may result in costs to 
State, local, or tribal governments, or to the private sector, of $100 
million or more. Section 204 of that title requires each agency that 
proposes a rule containing a significant Federal intergovernmental 
mandate to develop an effective process for obtaining meaningful and 
timely input from elected officers of State, local, and tribal 
governments.
    Consistent with previous determinations, DOE has completed its 
review, and concluded that impacts on state, local, and tribal 
governments are less than the $100 million threshold specified in the 
Unfunded Mandates Act. Accordingly, no further action is required under 
the Unfunded Mandates Reform Act of 1995.
Review Under the Treasury and General Government Appropriations Act of 
1999
    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a 
Family Policymaking Assessment for any rule that may affect family 
well-being. Today's action would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.
Review Under the Treasury and General Government Appropriations Act of 
2001
    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. Both OMB and DOE have published established relevant guidelines 
(67 FR 8452 and 67 FR 62446, respectively). DOE has reviewed today's 
action under the OMB and DOE guidelines, and has concluded that it is 
consistent with applicable policies in those guidelines.
Review Under Executive Order 13211
    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR 
28355), requires Federal agencies to prepare and submit to the OMB a 
Statement of Energy Effects for any proposed significant energy action. 
A ``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that; (1) Is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of the OMB OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use, should the proposal be 
implemented, and of reasonable alternatives to the action and their 
expected benefits on energy supply, distribution, and use. Today's 
action would not have a significant adverse effect on the supply, 
distribution, or use of energy and is therefore not a significant 
energy action. Accordingly, DOE has not prepared a Statement of Energy 
Effects.
Review Under Executive Order 13175
    Executive Order 13175, ``Consultation and Coordination with Indian 
tribal Governments'', (65 FR 67249), requires DOE to develop an 
accountable process to ensure ``meaningful and timely input by tribal 
officials in the development of regulatory policies that have tribal 
implications.'' ``Policies that have tribal implications'' refers to 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.'' Today's action is 
not a policy that has ``tribal implications'' under Executive Order 
13175. DOE has reviewed today's action under Executive Order 13175 and 
has determined that it is consistent with applicable policies of that 
Executive Order.

VII. Public Participation

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this determination. Interested parties may submit 
comments, data, and other information using any of the methods 
described in the ADDRESSES section at the beginning of this notice.
Submitting Comments via the Regulations.gov Web Site
    The Regulations.gov Web page will require you to provide your name 
and contact information. Your contact information will be viewable to 
DOE Building Technologies Office staff only. Your contact information 
will not be publicly viewable, except for your first and last names, 
organization name (if any), and submitter representative name (if any). 
If your comment is not processed properly because of technical 
difficulties, DOE will use this information to contact you. If DOE 
cannot read your comment due to technical difficulties and cannot 
contact you for clarification, DOE may not be able to consider your 
comment.
    However, your contact information will be publicly viewable if you 
include it in the comment itself or in any documents attached to your 
comment. Any information that you do not want to be publicly viewable 
should not be included in your comment, nor in any document attached to 
your comment. Otherwise, persons viewing comments will see only first 
and last names, organization names, correspondence containing comments, 
and any documents submitted with the comments. Do not submit to 
Regulations.gov information for which disclosure is restricted by 
statute, such as trade secrets and commercial or financial information 
(hereinafter referred to as Confidential Business Information (CBI)). 
Comments submitted through Regulations.gov cannot be claimed as CBI. 
Comments received through the Web site will waive any CBI claims for 
the information submitted. For information on submitting CBI, see the 
Confidential Business Information section below.
    DOE processes submissions made through Regulations.gov before 
posting.

[[Page 57928]]

Normally, comments will be posted within a few days of being submitted. 
However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that Regulations.gov 
provides after you have successfully uploaded your comment.
Submitting Comments via Email, Hand Delivery/Courier, or Mail
    Comments and documents submitted via email, hand delivery, or mail 
also will be posted to Regulations.gov. If you do not want your 
personal contact information to be publicly viewable, do not include it 
in your comment or any accompanying documents. Instead, provide your 
contact information in a cover letter, including your first and last 
names, email address, telephone number, and optional mailing address. 
The cover letter will not be publicly viewable as long as it does not 
include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery/courier, please provide all items on a CD, if feasible. It is 
not necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, that are written in English, and that are free of any 
defects or viruses. Documents should not contain special characters or 
any form of encryption and, if possible, they should carry the 
electronic signature of the author.
Campaign Form Letters
    Please submit campaign form letters by the originating organization 
in batches of between 50 to 500 form letters per PDF or as one form 
letter with a list of supporters' names compiled into one or more PDFs. 
This reduces comment processing and posting time.
Confidential Business Information
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit via email, postal mail, or hand delivery/
courier two well-marked copies: one copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked non-confidential with the 
information believed to be confidential deleted. Submit these documents 
via email or on a CD, if feasible. DOE will make its own determination 
about the confidential status of the information and treat it according 
to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

    Issued in Washington, DC, on September 18, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2014-22885 Filed 9-25-14; 8:45 am]
BILLING CODE 6450-01-P
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