Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57915 

10Halverson et al., ANSI/ASHRAE/IES Standard 

90.1–2013 Determination of Energy Savings: 

Quantitative Analysis (PNNL, Richland, WA (US), 

June 2014), available at http://www.pnnl.gov/main/ 

publications/external/technical_reports/pnnl23479.pdf. 

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. Documentation 

supporting this review is contained in 

Appendix D of the Quantitative 

Analysis technical support document 

(TSD) 10 available at http://www.

energycodes.gov/regulations/

determinations. 

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 

the Office of Management and Budget 

(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 Office of 

Information and Regulatory Affairs 

(OIRA) as a significant energy action. 

For any proposed significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use, 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

Today’s action would not have a 

significant adverse effect on the supply, 

distribution, or use of energy and is 

therefore not a significant energy action. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

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. 

Issued in Washington, DC, on September 

18, 2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–22882 Filed 9–25–14; 8:45 am] 

BILLING CODE 6450–01–P 

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. 

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57916 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

1More information on the ICC code development 

and consensus process is described at http://www.

iccsafe.org/cs/codes/Pages/procedures.aspx 

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. 

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 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57917 

2See http://www.energycodes.gov/development/

residential/methodology. 

3Mendon 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/technical_reports/PNNL23438.pdf. 

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

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

TABLE III.1—QUALITATIVE ANALYSIS FINDINGS

Proposal number Code section(s) affected (a) Description of changes Impact on energy 

efficiency Reason 

RE1–13 ..................... R101.4.3 (IRC N1101.3) ......... Deletes the exception for vestibules in 

the provisions pertaining to additions, 

alterations, renovations, and repairs.

Neutral .................... The residential code 

has no requirements for vestibules. 

RE3–13 ..................... R103.2 (IRC N1101.8) ............ Deletes text relating to commercial building components in ‘‘Information on 

Construction Documents’’.

Neutral .................... Editorial change. 

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TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Proposal number Code section(s) affected (a) Description of changes Impact on energy 

efficiency Reason 

RE5–13 ..................... R202 (IRC N1101.9) ............... Deletes the definition of ‘‘entrance door’’ Neutral .................... The definition applied to nonresidential buildings 

only. 

RE6–13 ..................... R202 (NEW) (IRC N1101.9 

(NEW)).

Adds definition of ‘‘Insulating Siding’’ and 

notes that the insulation level of this 

siding must be R–2 or greater.

Neutral .................... Addition of definition. 

RE9–13 ..................... R202 (NEW) (IRC N1101.9 

(NEW)), R304 (NEW) (IRC 

N1101.16 (NEW)).

Adds an appendix with non-mandatory 

provisions for homes to be ‘‘solarready.’’ Designed to be readily referenced by adopting authorities as 

needed.

Neutral .................... No direct impact, 

but has the potential to increase efficiency in the future. 

RE12–13 ................... R401.2 (IRC N1101.15) .......... Minor clarification that the code’s mandatory requirements should be met in all 

compliance paths.

Neutral .................... Clarification of code 

requirements. 

RE14–13 ................... R401.3 (IRC N1101.16) .......... Adds more options for the allowable locations for posting the certificate of occupancy.Neutral .................... Not energy related 

but does eliminate 

a small enforcement hindrance. 

RE16–13 ................... R401.3 (IRC N1101.16) .......... Similar to RE14–13. Allows more options 

for the allowable locations for posting 

the certificate of occupancy.

Neutral .................... Not energy related 

but does eliminate 

a small enforcement hindrance. 

RE18–13 ................... R402.1 (IRC N1102.1), 

R402.1.1 (NEW) (IRC 

N1102.1.1 (NEW)).

Cross-references vapor barrier requirements by referencing IRC R702.7.Neutral .................... Adds consistency 

and clarifies code 

requirements. 

RE30–13 ................... Table R402.1.1, (IRC Table 

N1102.1.1).

Modifies footnote h to these tables to 

allow combined sheathing/siding.

Neutral .................... Adds an option for 

combined insulated sheathing/

siding that meets 

code requirements. 

RE43–13 ................... R402.1.2 (IRC N1102.1.2) ...... Adds use of term ‘‘continuous insulation’’ 

instead of ‘‘insulating sheathing’’.

Neutral .................... Minor clarification of 

terminology. 

RE45–13 ................... Table R402.1.3 (IRC 

N1102.1.3).

Slightly increases frame wall U-factor in 

climate zones 1 and 2. The R-value 

table remains unchanged.

Negligible ................ Intended to correct 

a perceived misalignment between the code’s 

R-value-based requirements and 

the alternative Ufactor-based requirements. The 

changes are very 

small and unlikely 

to change wall insulation levels in 

most homes. 

RE50–13 ................... Table R402.1.3 (IRC Table 

N1102.1.3).

Slightly increases frame wall U-factor in 

climate zones 1–5 but reduces it in climate zones 6–8. The R-value table remains unchanged.

Negligible ................ Intended to correct 

a perceived misalignment between the code’s 

R-value-based requirements and 

the alternative Ufactor-based requirements. The 

changes are very 

small and unlikely 

to change wall insulation levels in 

most homes. 

RE53–13 ................... R402.2.1 (IRC N1102.2.1) ...... Clarifies decreased ceiling insulation allowance for ceilings with attic spaces 

only.

Neutral .................... Clarification of the 

code requirement. 

RE58–13 ................... R402.2.4 (IRC N1102.2.4) ...... Clarifies that vertical doors are not ‘‘access doors’’ in R402.2.4 and shall be 

permitted to meet the fenestration requirements of Table 402.1.1.

Neutral .................... Clarification of the 

code requirement. 

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TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Proposal number Code section(s) affected (a) Description of changes Impact on energy 

efficiency Reason 

RE60–13 ................... R402.2.7 (IRC N1102.2.7), 

Table R402.4.1.1 (IRC 

Table N1102.4.1.1).

Allows the floor cavity insulation to not 

be in contact with the underside of the 

subfloor decking if it is in contact with 

the topside of sheathing or continuous 

insulation installed on the bottom side 

of floor framing.

Neutral .................... Allows a combination of cavity and 

continuous insulation to meet the 

floor R-value requirement. 

RE63–13 ................... Table R402.1.1 (IRC Table 

N1102.1.1), R402.2.13 

(NNEW) (IRC N1102.2.13 

(NEW)).

Clarifies footnote h text by rewording it 

and moving it to new section 

R402.2.13.

Neutral .................... Clarification of code 

requirements. 

RE68–13 ................... R402.3.5 (IRC N1102.3.5) ...... Slightly increases sunroom U-factor and 

solar heat gain coefficient (SHGC) requirements.

Detrimental ............. Applies to only climate zone 1, the 

zone least sensitive to outdoor 

temperature; impacts only thermally isolated 

sunrooms. 

RE83–13 ................... Table R402.4.1.1 (IRC Table 

N1102.4.1.1).

Clarifies requirements for wall corner and 

headers to have insulation that has at 

least R–3 per inch, and clarifies that it 

is the cavities in such components that 

require the insulation.

Neutral .................... Minor addition and 

clarification of 

code requirements. 

RE84–13 ................... Table R402.4.1.1 (IRC Table 

N1102.4.1.1).

Allows a combination of cavity and continuous insulation to meet the floor Rvalue requirement.Neutral .................... Subset of RE60–13; 

makes minor clarifying revisions to 

wording. 

RE85–13 ................... Table R402.4.1.1 (IRC Table 

N1102.4.1.1).

Reorganizes Table 402.4.1.1 by adding 

an additional column and separating 

‘‘air barrier criteria’’ from ‘‘insulation installation criteria,’’ for clarity.

Neutral .................... Clarification of code 

requirements. 

RE86–13 ................... Table R402.4.1.1 (IRC Table 

N1102.4.1.1), R402.4.2 (IRC 

N1102.4.2).

Clarifies language relating to fireplace 

sealing/door requirements.

Neutral .................... Clarification of code 

requirements. 

RE91–13 ................... R402.4.1.2 (IRC N1102.4.1.2), 

Chapter 5.

Adds references to the American Society 

for Testing and Materials (ASTM) 

standards E779 and E1827 for blower 

door testing.

Neutral .................... Adds more detailed 

references for 

procedures. 

RE103–13 ................. R403.1.1 (IRC N1103.1.1) ...... Adds requirements for the thermostat to 

be pre-programmed by the manufacturer.

Neutral .................... Clarifies that the requirement is the 

manufacturer’s responsibility. 

RE105–13 ................. R403.1.1 (IRC N1103.1.1) ...... Makes the programmable thermostat requirement apply to any heating/cooling 

system.

Neutral .................... No direct impact on 

energy. 

RE107–13 ................. R403.2.1 (IRC N1103.2.1) ...... Increases insulation requirements for return ducts in attics from R–6 to R–8.Beneficial ................ Modestly reduces 

conduction losses 

from return ducts 

in attics. 

RE109–13 ................. R403.2 (IRC N1103.2), 

R403.2.2 (IRC N1103.2.2), 

R403.2.3 (NEW) (IRC 

N1103.2.3 (NEW)), 

R403.2.4 (NEW) (IRC 

N1103.2.4 (NEW)).

Makes the maximum allowable duct leakage rates prescriptive, allowing performance path trade-offs.Neutral .................... Zero-sum tradeoff 

within IECC performance path 

rules; applies only 

to compliance via 

performance path. 

RE111–13 ................. R403.2.2 (IRC N1103.2.2) ...... Aligns the IECC with the International 

Mechanical Code (IMC) by removing 

exception from duct sealing for lowpressure continuously welded ducts.

Neutral .................... Requires sealing of 

additional locking 

joints for consistency between the 

IECC and IMC. 

Impact is negligible because 

the mandatory 

duct pressure test 

governs duct leakage regardless of 

specific sealing 

strategies. 

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57920 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Proposal number Code section(s) affected (a) Description of changes Impact on energy 

efficiency Reason 

RE112–13 ................. R403.2.2 (IRC N1103.2.2) ...... Allows the maximum allowable duct leakage of 4 cubic feet per minute/100 

square feet (post-construction) to be 

optionally measured as leakage to outdoors rather than total leakage.

Detrimental ............. More duct leakage 

to the indoors is 

possible in some 

configurations, 

which can be detrimental to air balancing. 

RE117–13 ................. R403.2.2 (IRC N1103.2.2) ...... Deletes exception relating to partially inaccessible duct connections.Neutral .................... Editorial change to 

eliminate irrelevant text. 

RE118–13 ................. R403.2.2 (IRC N1103.2.2) ...... Reverses the order of how the two duct 

testing options are presented.

Neutral .................... Rearrangement of 

text. 

RE125–13, Part I ...... R403.4.1 (IRC N1103.4.1), 

R403.4.1.1 (NEW) (IRC 

N1103.4.1.1 (NEW)), 

R403.4.1.2 (NEW) (IRC 

N1103.4.1.2 (NEW)), Chapter 5, IPC [E] 607.2.1, [E] 

607.2.1.1 (NEW), [E] 

607.2.1.1.1 (NEW), [E] 

607.2.1.1.2 (NEW), IPC 

Chapter 14, IRC P2905 

(NEW), IRC P2905.1 (NEW).

Adds requirements for demand-activated 

control on hot water circulation systems and heat trace systems. Makes 

IECC, IRC, and IPC consistent and 

clarifies requirements for these systems.

Beneficial ................ Demand activated 

control reduces 

the runtime of circulation pumps. 

RE132–13 ................. R403.4.2 (IRC N1103.4.2), 

Table R403.4.2 (IRC Table 

N1103.4.2).

Deletes requirement for domestic hot 

water (DHW) pipe insulation to kitchen 

and the generic requirement on long/

large-diameter pipes. However, adds 

DHW pipe insulation for 3/4-inch pipes.

Beneficial ................ Energy lost due to 

the elimination of 

hot water pipe insulation on the 

kitchen pipe is 

typically more 

than made up by 

added insulation 

requirements for 

pipes 3/4 inches 

in diameter, the 

most common 

size for trunk 

lines. 

RE136–13, Part I ...... R403.4.2 (NEW) (IRC 

N1103.4.2 (NEW)), IPC 202, 

IPC [E]607.2.1.1 (NEW), 

IRC P2905 (NEW), IRC 

P2905.1 (NEW).

Adds demand control requirements for 

recirculating systems that use a cold 

water supply pipe to return water to 

the tank.

Beneficial ................ Demand activated 

control reduces 

the runtime of circulation pumps. 

RE142–13 ................. R403.6 (IRC N1103.6) ............ Requires heating, ventilation, and airconditioning equipment to meet Federal efficiency standards.Neutral .................... DOE’s Appliances 

and Commercial 

Equipment Standards Program regulates the minimum efficiency of 

units produced by 

equipment manufacturers. 

RE163–13 ................. R405.4.2 (IRC N1105.4.2), 

R405.4.2.1 (NEW) (IRC 

N1105.4.2.1 (NEW)), 

R405.2.2 (NEW) (IRC 

N1105.4.2.2 (NEW)).

Specifies details of a compliance report 

for the performance approach.

Neutral .................... No direct impact on 

energy. 

RE167–13 ................. Table R405.5.2(1) (IRC Table 

B1105.5.2(1)).

Fixes missing standard reference design 

specifications for thermal distribution 

systems.

Neutral .................... Adds details for 

modeling the 

standard reference design in 

the performance 

path. 

RE173–13 ................. Table R405.5.2(1) (IRC Table 

N1105.5.2(1)).

Adjusts Table R405.5.2(1) (the performance path) terminology for doors and 

fenestration.

Neutral .................... Simple clarification 

of the intent of the 

code. 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57921 

TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Proposal number Code section(s) affected (a) Description of changes Impact on energy 

efficiency Reason 

RE184–13 ................. R101.4.3, R202, R406 (NEW), 

(IRC N1101. 3, N1101.9, 

N1106(NEW)).

Revamps alterations language and 

moves it from chapter 1 to section 

R406.

Neutral .................... Trade-offs between 

weakened and 

strengthened requirements possible but there is 

no feasible method for quantifying 

the energy impact 

of these tradeoffs. 

RE188–13 ................. R202 (NEW) (IRC N1101.9 

(NEW)), R401.2 (IRC 

N1101.15), R406 (NEW) 

(IRC N1106 NEW).

Optional new approach in section 406 requiring an ERI with a tradeoff limitation 

on the thermal envelope requirements.

Not quantifiable at 

this time.

New alternative 

compliance 

path—no data is 

currently available 

to adequately estimate the number 

of homes that 

may be constructed using this 

compliance path. 

RE193–13 ................. R202 (IRC N1101.9), 403.10 

(New) (IRC N1103.10 

(New)).

Adds requirements for testing of combustion venting systems.Neutral .................... Impacts air quality; 

no direct impact 

on home energy 

usage. 

RE195–13 ................. R402.1.2 .................................. Subtracts out R–0.6 for insulating siding 

from R-value table to prevent double 

counting of siding.

Neutral .................... Adds consistency in 

R-value calculations. 

RB96–13, Part I ........ Table R402.4.1.1 ..................... Specifies that air sealing shall be provided in fire separation assemblies.Neutral .................... Minor clarification of 

code requirements. 

RB100–13 ................. R303.4 ..................................... Corrects the air infiltration threshold in 

R303.4 to be 5 air changes per hour 

or less to align it with the infiltration 

limits set by the code.

Neutral .................... Consistency 

change. 

SP19–13, Part III ...... 303.1; IECC C404.7; IECC 

R403.9.

Makes numerous wording changes to 

pool and spa requirements. Doesn’t 

appear to make substantive changes.

Neutral .................... No direct impact on 

home energy 

usage. 

ADM22–13, Part III ... IECC: R108.2 .......................... Revises ‘‘owner’s agent’’ to ‘‘owner’s authorized agent’’ in R108.2.Neutral .................... Simple language 

change. 

ADM30–13, Part III ... IECC: R103.4 .......................... Adds ‘‘work shall be installed in accordance with the approved construction 

documents’’ to R103.4.

Neutral .................... Simple language 

change. 

ADM40–13, Part III ... IECC: R103.1 .......................... Adds ‘‘technical reports’’ as acceptable 

data for submittal with a permit application.

Neutral .................... Simple language 

change. 

ADM51–13, Part III ... IECC: R202 (IRC N1101.9) .... Adds ‘‘retrofit’’ and other terms to definition of ‘‘alteration’’.Neutral .................... Simple language 

change. 

ADM57–13, Part III ... IECC: R202 (IRC 

N1101.9)(New).

Adds definition of ‘‘approved agency.’’ .... Neutral .................... Simple language 

change. 

ADM60–13, Part III ... IECC: R202 (IRC N1101.9) .... Revises definition of ‘‘repairs.’’ ................ Neutral .................... Simple language 

change. 

CE4–13, Part II ......... R101.4, R202 (IRC N1101.9); 

R402.3.6 (IRC N1102.3.6), 

Chapter 5 (RE) (NEW) (IRC 

N1106 (NEW)).

Editorial relocation of code text pertaining to ‘‘existing buildings’’ to a separate chapter.Neutral .................... Editorial change. 

CE8–13, Part II ......... R101.4.2, R202 (NEW) (IRC 

N1101.9 (NEW)).

Revises language requiring the code to 

apply to historic buildings if no ‘‘compromise to the historic nature and 

function of the building’’ occurs.

Beneficial ................ Additional buildings 

must meet the 

code requirements. 

CE11–13, Part II ....... R101.4.3, (IRC N1101.3) ........ Adds existing single-pane fenestration 

with surface films to the list of exceptions in R101.4.3.

Neutral .................... Exceptions are allowed only if energy use is not increased. 

CE15–13, Part II ....... R101.4.3 (IRC N1101.3), R202 

(NEW) (IRC N1101.9 

(NEW)).

Revises exemption for roofing replacement.Neutral .................... Editorial change. 

CE23–13, Part II ....... R101.5.2 (IRC N1101.6), 

R402.1 (IRC N1102.1).

Relocates exception for ‘‘low energy’’ 

buildings from R101.5.2 to R402.1.

Neutral .................... Editorial change. 

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57922 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Proposal number Code section(s) affected (a) Description of changes Impact on energy 

efficiency Reason 

CE33–13, Part II ....... R102, R102.1.1 (NEW) ........... Changes title of section R102 to ‘‘Applicability—Duties and powers of the 

Code Official’’ and revises language 

on ‘‘alternative materials, design and 

methods of construction and equipment’’.

Neutral .................... Editorial change. 

CE37–13, Part II ....... R103.2.1 (NEW) ...................... Requires the building’s thermal envelope 

to be represented on construction documents.

Neutral .................... Simple documentation requirement. 

CE38–13, Part II ....... R103.3, R104.1, R104.2 

(NEW), R104.3, R104.3.1 

(NEW), R014.3.2 (NEW), 

R104.3.3 (NEW), R104.3.4 

(NEW), R104.3.5 (NEW), 

R104.3.6 (NEW), R104.5.

Revises a number of administrative requirements to enhance the ability to 

ensure compliance with the code and 

improve the usability of the code.

Neutral .................... No direct impact on 

energy. 

CE43–13, Part II ....... R106.2 ..................................... Deletes R106.2 ‘‘Conflicting requirements’’ because it is redundant with 

‘‘Conflicts’’ in R106.1.1.

Neutral .................... Editorial change. 

CE44–13, Part II ....... R108.4 ..................................... Revises language pertaining to ‘‘fines’’ in 

section R108.4.

Neutral .................... Editorial change. 

CE49–13, Part III ...... R202 (NEW) (IRC N1101.9 

(NEW)).

Adds definition of a ‘‘circulating hot water 

system’’.

Neutral .................... Editorial change. 

CE50–13, Part II ....... R202 (NEW) (IRC N1101.9 

(NEW)).

Add definition of ‘‘climate zone’’ .............. Neutral .................... Editorial change. 

CE51–13, part II ....... R202 (IRC N1101.9) ............... Revises the definition of ‘‘conditioned 

space’’.

Neutral .................... Revision of definition. 

CE52–13, Part II ....... R202 (NEW) (IRC N1101.9 

(NEW)).

Adds definition of ‘‘continuous insulation’’ Neutral .................... Definition addition. 

CE59–13, Part II ....... R202 (IRC N1101.9) ............... Revises the definition of ‘‘vertical glazing’’.Neutral .................... Revision of definition. 

CE61–13, Part II ....... Table R301.1 ........................... Adds ‘‘Broomfield County’’ to Table 

C301.1 and R301.1.

Neutral .................... Editorial change. 

CE62–13, Part II ....... Figure R301.1 (IRC Figure 

N1101.10), Table R301.1 

(IRC Table N1101.10).

Eliminates the ‘‘warm humid’’ designation 

for counties in the ‘‘dry’’ moisture regime in Southwest Texas.

Neutral .................... No efficiency requirements depend on the 

warm-humid designation in Climate Zone 2/Dry. 

CE63–13, Part II ....... R303.1.1 (IRC N1101.12.1) .... Requires labelling R-value on packaging 

of insulated siding and listing of same 

on the certification.

Neutral .................... Labeling requirement. 

CE65–13, Part II ....... R303.1.3 (IRC N1101.12.3), 

Chapter 5.

Adds the American National Standards 

Institute (ANSI)/Door and Access Systems 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.

Neutral .................... Adds an option of 

using ANSI/

DASMA 105 instead of NFRC 

100. 

CE66–13, Part II ....... R301.4 (NEW) (IRC 

N1101.10.3 (NEW)), R406 

(NEW) (IRC N1106 (NEW)).

Defines a new ‘‘Tropical’’ climate zone 

and adds an optional compliance path 

for semi-conditioned residential buildings with a list of pre-defined criteria to 

be deemed as code compliant in this 

climate zone.

Detrimental ............. Exception to code 

requirements applicable to a small 

number of homes 

in tropical areas. 

CE67–13, Part II ....... R303.1.4.1 (N1101.12.4) 

(NEW), Chapter 5.

Adds ASTM C1363 as the required test 

standard for determining the thermal 

resistance (R-value) of insulating siding.

Neutral .................... Addition of testing 

requirements. 

CE161–13, Part II ..... R402.3.2 (IRC N1102.3.2) ...... Allows dynamic glazing to satisfy the 

SHGC requirements provided 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.

Negligible ................ Similar energy impact to non-dynamic glazing. 

CE177–13, Part II ..... R402.1.2 (NEW), (IRC 

N1102.4.1.2 (NEW)).

Requires open combustion appliances to 

be outside conditioned space or in a 

room isolated from conditioned space 

and ducted to the outside.

Neutral .................... Relates to indoor air 

quality and does 

not impact energy 

directly. 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57923 

4Taylor 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 

TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued 

Proposal number Code section(s) affected (a) Description of changes Impact on energy 

efficiency Reason 

CE179–13, Part II ..... Table R402.4.1.1 (IRC Table 

N1102.4.1.1).

Exempts fire sprinklers from air sealing 

requirements.

Negligible ................ The home/unit 

would still have to 

pass the blower 

door test. 

CE283–13, Part II ..... R403.4.3 (NEW) (N1103.5 

(NEW)), Chapter 5, IRC 

P2903.11 (NEW).

Requires drain water heat recovery systems to comply with Canadian Standards Association (CSA) Standard 55 

and adds references to CSA Standard 

55 to chapter 5.

Negligible ................ Enables credit for 

efficiency improvements due 

to the use of drain 

water heat recovery devices. 

CE362–13, Part II ..... R403.2 (New) (IRC N1103.2 

(New)).

Adds requirement for outdoor setback 

control for hot water boilers that controls the boiler water temperature 

based on the outdoor temperature.

Beneficial ................ Lowering boiler 

water temperature 

during periods of 

moderate outdoor 

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

(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). 

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TABLE III.2—OVERALL SUMMARY OF CODE CHANGE PROPOSAL IMPACT IN QUALITATIVE ANALYSIS

Detriment Neutral Benefit Negligible impact Unquantifiable at this 

time Total 

3 62 6 5 1 77 

Quantitative Analysis 

The quantitative analysis of the 2015 

IECC was carried out using wholebuilding 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) 

Climate zone Site EUI 

(kBtu/ft2-yr) 

Source EUI 

(kBtu/ft2-yr) 

Energy costs 

($/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) 

Climate zone Site EUI 

(kBtu/ft2-yr) 

Source EUI 

(kBtu/ft2-yr) 

Energy costs 

($/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

Climate zone Site EUI (a) Source EUI (a) Energy costs (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% 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57925 

5Available at http://www.energycodes.gov/

adoption/states 

TABLE III.5—REGULATED ANNUAL ENERGY SAVINGS ESTIMATED FROM THE QUANTITATIVE ANALYSIS—Continued 

Climate zone Site EUI (a) Source EUI (a) Energy costs (a)

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. 

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 

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57926 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

6Available at http://energy.gov/gc/office-generalcounsel 

policies available on the Office of 

General Counsel Web site.6

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 longterm operating costs that may affect 

adversely the repayment of, and security 

for, loans made, insured, or guaranteed 

by Federal agencies or made by 

federally insured or regulated 

instrumentalities; and 

(4) State and local building codes or 

similar controls can provide an existing 

means by which to 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 

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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 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. 

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57928 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2010–0690; FRL–9917–09– 

OAR] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; EPA’s Light-Duty 

In-Use Vehicle Testing Program 

(Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that EPA is planning to 

submit a request to renew an existing 

approved Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB) (EPA 

ICR No. 0222.10, OMB Control No. 

2060–0086). This ICR is scheduled to 

expire on September 30, 2014. Before 

submitting the ICR to OMB for review 

and approval, EPA is soliciting 

comments on specific aspects of the 

proposed information collection as 

described below. 

DATES: Comments must be submitted on 

or before November 25, 2014. 

ADDRESSES: Submit your comments 

referencing Docket ID No. EPA–HQ– 

OAR–2010–0690 online using 

www.regulations.gov (our preferred 

method), by email to pugliese.holly@

epa.gov or by mail to: EPA Docket 

Center, Environmental Protection 

Agency, Mailcode 28221T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Sohacki, Compliance Division, 

Office of Transportation and Air 

Quality, U.S. Environmental Protection 

Agency, 2000 Traverwood, Ann Arbor, 

Michigan 48105; telephone number: 

734–214–4851; fax number: 734–214– 

4869; email address: sohacki.lynn@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents which explain in 

detail the information that the EPA will 

be collecting are available in the public 

docket for this ICR. The docket can be 

viewed online at www.regulations.gov 

or in person at the EPA Docket Center, 

WJC West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The telephone number for the 

Docket Center is 202–566–1744. For 

additional information about EPA’s 

public docket, visit http://www.epa.gov/ 

dockets. 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA is soliciting comments 

and information to enable it to: (i) 

Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; (ii) evaluate the 

accuracy of the Agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(iii) enhance the quality, utility, and 

clarity of the information to be 

collected; and (iv) minimize the burden 

of the collection of information on those 

who are to respond, including through 

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