Preliminary Determination Regarding Energy Efficiency Improvements in the 2015 International Energy Conservation Code, 57915-57928 [2014-22885]

Download as PDF Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 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 https://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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 10 Halverson et al., ANSI/ASHRAE/IES Standard 90.1–2013 Determination of Energy Savings: Quantitative Analysis (PNNL, Richland, WA (US), June 2014), available at https://www.pnnl.gov/main/ publications/external/technical_reports/pnnl23479.pdf. VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 57915 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 Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of Preliminary Determination. AGENCY: 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. SUMMARY: E:\FR\FM\26SEN1.SGM 26SEN1 57916 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 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: https://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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 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 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 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 1 More information on the ICC code development and consensus process is described at https://www. iccsafe.org/cs/codes/Pages/procedures.aspx E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 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 57917 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 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 .................... RE3–13 ..................... mstockstill on DSK4VPTVN1PROD with NOTICES Proposal number R103.2 (IRC N1101.8) ............ Deletes text relating to commercial building components in ‘‘Information on Construction Documents’’. Neutral .................... The residential code has no requirements for vestibules. Editorial change. 2 See https://www.energycodes.gov/development/ residential/methodology. VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 3 Mendon et al., 2015 IECC Preliminary Determination of Energy Savings: Technical Analysis (PNNL, Richland, WA, August 2014), PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 available at https://www.pnnl.gov/main/ publications/external/technical_reports/PNNL23438.pdf. E:\FR\FM\26SEN1.SGM 26SEN1 57918 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 RE5–13 ..................... R202 (IRC N1101.9) ............... Deletes the definition of ‘‘entrance door’’ Neutral .................... RE6–13 ..................... R202 (NEW) (IRC N1101.9 (NEW)). Neutral .................... RE9–13 ..................... R202 (NEW) (IRC N1101.9 (NEW)), R304 (NEW) (IRC N1101.16 (NEW)). RE12–13 ................... R401.2 (IRC N1101.15) .......... RE14–13 ................... R401.3 (IRC N1101.16) .......... Adds definition of ‘‘Insulating Siding’’ and notes that the insulation level of this siding must be R–2 or greater. Adds an appendix with non-mandatory provisions for homes to be ‘‘solarready.’’ Designed to be readily referenced by adopting authorities as needed. Minor clarification that the code’s mandatory requirements should be met in all compliance paths. Adds more options for the allowable locations for posting the certificate of occupancy. 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 .................... RE18–13 ................... R402.1 (IRC N1102.1), R402.1.1 (NEW) (IRC N1102.1.1 (NEW)). Table R402.1.1, (IRC Table N1102.1.1). Cross-references vapor barrier requirements by referencing IRC R702.7. Neutral .................... Modifies footnote h to these tables to allow combined sheathing/siding. Neutral .................... RE43–13 ................... R402.1.2 (IRC N1102.1.2) ...... Neutral .................... RE45–13 ................... Table R402.1.3 (IRC N1102.1.3). Adds use of term ‘‘continuous insulation’’ instead of ‘‘insulating sheathing’’. Slightly increases frame wall U-factor in climate zones 1 and 2. The R-value table remains unchanged. 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 ................ RE53–13 ................... R402.2.1 (IRC N1102.2.1) ...... Neutral .................... RE58–13 ................... R402.2.4 (IRC N1102.2.4) ...... Clarifies decreased ceiling insulation allowance for ceilings with attic spaces only. 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. mstockstill on DSK4VPTVN1PROD with NOTICES RE30–13 ................... VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 Neutral .................... Neutral .................... Neutral .................... Negligible ................ Neutral .................... E:\FR\FM\26SEN1.SGM 26SEN1 Reason The definition applied to nonresidential buildings only. Addition of definition. No direct impact, but has the potential to increase efficiency in the future. Clarification of code requirements. Not energy related but does eliminate a small enforcement hindrance. Not energy related but does eliminate a small enforcement hindrance. Adds consistency and clarifies code requirements. Adds an option for combined insulated sheathing/ siding that meets code requirements. Minor clarification of terminology. 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. 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. Clarification of the code requirement. Clarification of the code requirement. Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57919 TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued Proposal number Description of changes R402.2.7 (IRC N1102.2.7), Table R402.4.1.1 (IRC Table N1102.4.1.1). RE63–13 ................... Table R402.1.1 (IRC Table N1102.1.1), R402.2.13 (NNEW) (IRC N1102.2.13 (NEW)). R402.3.5 (IRC N1102.3.5) ...... RE83–13 ................... Table R402.4.1.1 (IRC Table N1102.4.1.1). RE84–13 ................... Table R402.4.1.1 (IRC Table N1102.4.1.1). RE85–13 ................... Table R402.4.1.1 (IRC Table N1102.4.1.1). RE86–13 ................... Table R402.4.1.1 (IRC Table N1102.4.1.1), R402.4.2 (IRC N1102.4.2). R402.4.1.2 (IRC N1102.4.1.2), Chapter 5. RE91–13 ................... RE103–13 ................. R403.1.1 (IRC N1103.1.1) ...... RE105–13 ................. R403.1.1 (IRC N1103.1.1) ...... RE107–13 ................. R403.2.1 (IRC N1103.2.1) ...... 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)). R403.2.2 (IRC N1103.2.2) ...... mstockstill on DSK4VPTVN1PROD with NOTICES RE111–13 ................. VerDate Sep<11>2014 Reason 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. Clarifies footnote h text by rewording it and moving it to new section R402.2.13. Neutral .................... Allows a combination of cavity and continuous insulation to meet the floor R-value requirement. Clarification of code requirements. Slightly increases sunroom U-factor and solar heat gain coefficient (SHGC) requirements. Detrimental ............. 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. Allows a combination of cavity and continuous insulation to meet the floor Rvalue requirement. RE60–13 ................... RE68–13 ................... Impact on energy efficiency Neutral .................... Reorganizes Table 402.4.1.1 by adding an additional column and separating ‘‘air barrier criteria’’ from ‘‘insulation installation criteria,’’ for clarity. Clarifies language relating to fireplace sealing/door requirements. Neutral .................... Neutral .................... Clarification of code requirements. Adds references to the American Society for Testing and Materials (ASTM) standards E779 and E1827 for blower door testing. Adds requirements for the thermostat to be pre-programmed by the manufacturer. Neutral .................... Adds more detailed references for procedures. Neutral .................... Clarifies that the requirement is the manufacturer’s responsibility. No direct impact on energy. Code section(s) affected (a) 19:14 Sep 25, 2014 Jkt 232001 PO 00000 Neutral .................... Neutral .................... Makes the programmable thermostat requirement apply to any heating/cooling system. Increases insulation requirements for return ducts in attics from R–6 to R–8. Neutral .................... Makes the maximum allowable duct leakage rates prescriptive, allowing performance path trade-offs. Neutral .................... Aligns the IECC with the International Mechanical Code (IMC) by removing exception from duct sealing for lowpressure continuously welded ducts. Neutral .................... Frm 00051 Fmt 4703 Sfmt 4703 Beneficial ................ E:\FR\FM\26SEN1.SGM 26SEN1 Applies to only climate zone 1, the zone least sensitive to outdoor temperature; impacts only thermally isolated sunrooms. Minor addition and clarification of code requirements. Subset of RE60–13; makes minor clarifying revisions to wording. Clarification of code requirements. Modestly reduces conduction losses from return ducts in attics. Zero-sum tradeoff within IECC performance path rules; applies only to compliance via performance path. 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. 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 ............. RE117–13 ................. R403.2.2 (IRC N1103.2.2) ...... Deletes exception relating to partially inaccessible duct connections. Neutral .................... RE118–13 ................. R403.2.2 (IRC N1103.2.2) ...... Neutral .................... RE125–13, Part I ...... Reverses the order of how the two duct testing options are presented. 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. 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). R403.4.2 (IRC N1103.4.2), Deletes requirement for domestic hot Table R403.4.2 (IRC Table water (DHW) pipe insulation to kitchen N1103.4.2). and the generic requirement on long/ large-diameter pipes. However, adds DHW pipe insulation for 3/4-inch pipes. Beneficial ................ More duct leakage to the indoors is possible in some configurations, which can be detrimental to air balancing. Editorial change to eliminate irrelevant text. Rearrangement of text. Demand activated control reduces the runtime of circulation pumps. 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). R403.6 (IRC N1103.6) ............ Adds demand control requirements for recirculating systems that use a cold water supply pipe to return water to the tank. Beneficial ................ Requires heating, ventilation, and airconditioning equipment to meet Federal efficiency standards. Neutral .................... 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)). Table R405.5.2(1) (IRC Table B1105.5.2(1)). Specifies details of a compliance report for the performance approach. Neutral .................... Fixes missing standard reference design specifications for thermal distribution systems. Neutral .................... 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 .................... RE132–13 ................. RE136–13, Part I ...... RE142–13 ................. RE163–13 ................. mstockstill on DSK4VPTVN1PROD with NOTICES RE167–13 ................. RE173–13 ................. VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 Beneficial ................ E:\FR\FM\26SEN1.SGM 26SEN1 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. Demand activated control reduces the runtime of circulation pumps. DOE’s Appliances and Commercial Equipment Standards Program regulates the minimum efficiency of units produced by equipment manufacturers. No direct impact on energy. Adds details for modeling the standard reference design in the performance path. Simple clarification of the intent of the code. 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 .................... 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. RE193–13 ................. R202 (IRC N1101.9), 403.10 (New) (IRC N1103.10 (New)). Adds requirements for testing of combustion venting systems. Neutral .................... RE195–13 ................. R402.1.2 .................................. Neutral .................... RB96–13, Part I ........ Table R402.4.1.1 ..................... Subtracts out R–0.6 for insulating siding from R-value table to prevent double counting of siding. Specifies that air sealing shall be provided in fire separation assemblies. RB100–13 ................. R303.4 ..................................... Neutral .................... SP19–13, Part III ...... 303.1; IECC C404.7; IECC R403.9. ADM22–13, Part III ... IECC: R108.2 .......................... ADM30–13, Part III ... IECC: R103.4 .......................... ADM40–13, Part III ... IECC: R103.1 .......................... ADM51–13, Part III ... IECC: R202 (IRC N1101.9) .... ADM57–13, Part III ... IECC: R202 (IRC N1101.9)(New). IECC: R202 (IRC N1101.9) .... 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. Makes numerous wording changes to pool and spa requirements. Doesn’t appear to make substantive changes. Revises ‘‘owner’s agent’’ to ‘‘owner’s authorized agent’’ in R108.2. Adds ‘‘work shall be installed in accordance with the approved construction documents’’ to R103.4. Adds ‘‘technical reports’’ as acceptable data for submittal with a permit application. Adds ‘‘retrofit’’ and other terms to definition of ‘‘alteration’’. Adds definition of ‘‘approved agency.’’ .... Trade-offs between weakened and strengthened requirements possible but there is no feasible method for quantifying the energy impact of these tradeoffs. New alternative compliance path—no data is currently available to adequately estimate the number of homes that may be constructed using this compliance path. Impacts air quality; no direct impact on home energy usage. Adds consistency in R-value calculations. Minor clarification of code requirements. Consistency change. Neutral .................... Revises definition of ‘‘repairs.’’ ................ Neutral .................... Editorial relocation of code text pertaining to ‘‘existing buildings’’ to a separate chapter. Neutral .................... Revises language requiring the code to apply to historic buildings if no ‘‘compromise to the historic nature and function of the building’’ occurs. Adds existing single-pane fenestration with surface films to the list of exceptions in R101.4.3. Beneficial ................ ADM60–13, Part III ... CE4–13, Part II ......... CE8–13, Part II ......... R101.4, R202 (IRC N1101.9); R402.3.6 (IRC N1102.3.6), Chapter 5 (RE) (NEW) (IRC N1106 (NEW)). R101.4.2, R202 (NEW) (IRC N1101.9 (NEW)). mstockstill on DSK4VPTVN1PROD with NOTICES CE11–13, Part II ....... R101.4.3, (IRC N1101.3) ........ CE15–13, Part II ....... R101.4.3 (IRC N1101.3), R202 (NEW) (IRC N1101.9 (NEW)). R101.5.2 (IRC N1101.6), R402.1 (IRC N1102.1). CE23–13, Part II ....... VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 PO 00000 Neutral .................... Neutral .................... Neutral .................... Neutral .................... No direct impact on home energy usage. Simple language change. Simple language change. Neutral .................... Simple language change. Neutral .................... Simple language change. Simple language change. Simple language change. Editorial change. Revises exemption for roofing replacement. Neutral .................... Additional buildings must meet the code requirements. Exceptions are allowed only if energy use is not increased. Editorial change. Relocates exception for ‘‘low energy’’ buildings from R101.5.2 to R402.1. Neutral .................... Editorial change. Frm 00053 Fmt 4703 Sfmt 4703 Neutral .................... E:\FR\FM\26SEN1.SGM 26SEN1 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 CE33–13, Part II ....... R102, R102.1.1 (NEW) ........... Neutral .................... Editorial change. CE37–13, Part II ....... R103.2.1 (NEW) ...................... Neutral .................... Simple documentation requirement. CE38–13, Part II ....... Neutral .................... No direct impact on energy. CE43–13, 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. R106.2 ..................................... 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’’. Requires the building’s thermal envelope to be represented on construction documents. Revises a number of administrative requirements to enhance the ability to ensure compliance with the code and improve the usability of the code. Neutral .................... Editorial change. CE44–13, Part II ....... R108.4 ..................................... Neutral .................... Editorial change. CE49–13, Part III ...... R202 (NEW) (IRC N1101.9 (NEW)). R202 (NEW) (IRC N1101.9 (NEW)). R202 (IRC N1101.9) ............... Deletes R106.2 ‘‘Conflicting requirements’’ because it is redundant with ‘‘Conflicts’’ in R106.1.1. Revises language pertaining to ‘‘fines’’ in section R108.4. Adds definition of a ‘‘circulating hot water system’’. Add definition of ‘‘climate zone’’ .............. Neutral .................... Editorial change. Neutral .................... Editorial change. Neutral .................... Revision of definition. Definition addition. CE50–13, Part II ....... CE51–13, part II ....... CE59–13, Part II ....... R202 (NEW) (IRC N1101.9 (NEW)). R202 (IRC N1101.9) ............... CE61–13, Part II ....... Table R301.1 ........................... CE62–13, Part II ....... Figure R301.1 (IRC Figure N1101.10), Table R301.1 (IRC Table N1101.10). CE63–13, Part II ....... R303.1.1 (IRC N1101.12.1) .... CE65–13, Part II ....... R303.1.3 (IRC N1101.12.3), Chapter 5. CE66–13, Part II ....... R301.4 (NEW) (IRC N1101.10.3 (NEW)), R406 (NEW) (IRC N1106 (NEW)). CE67–13, Part II ....... R303.1.4.1 (N1101.12.4) (NEW), Chapter 5. CE161–13, Part II ..... mstockstill on DSK4VPTVN1PROD with NOTICES CE52–13, Part II ....... R402.3.2 (IRC N1102.3.2) ...... CE177–13, Part II ..... R402.1.2 (NEW), (IRC N1102.4.1.2 (NEW)). VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 PO 00000 Revises the definition of ‘‘conditioned space’’. Adds definition of ‘‘continuous insulation’’ Neutral .................... Revises the definition of ‘‘vertical glazing’’. Adds ‘‘Broomfield County’’ to Table C301.1 and R301.1. Eliminates the ‘‘warm humid’’ designation for counties in the ‘‘dry’’ moisture regime in Southwest Texas. Neutral .................... Requires labelling R-value on packaging of insulated siding and listing of same on the certification. 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. 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. Adds ASTM C1363 as the required test standard for determining the thermal resistance (R-value) of insulating siding. 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. Requires open combustion appliances to be outside conditioned space or in a room isolated from conditioned space and ducted to the outside. Neutral .................... Frm 00054 Fmt 4703 Sfmt 4703 Neutral .................... Neutral .................... Reason Revision of definition. Editorial change. No efficiency requirements depend on the warm-humid designation in Climate Zone 2/Dry. Labeling requirement. Neutral .................... Adds an option of using ANSI/ DASMA 105 instead of NFRC 100. Detrimental ............. Exception to code requirements applicable to a small number of homes in tropical areas. Neutral .................... Addition of testing requirements. Negligible ................ Similar energy impact to non-dynamic glazing. Neutral .................... Relates to indoor air quality and does not impact energy directly. E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57923 TABLE III.1—QUALITATIVE ANALYSIS FINDINGS—Continued Proposal number Description of changes Code section(s) affected (a) Impact on energy efficiency Reason The home/unit would still have to pass the blower door test. Enables credit for efficiency improvements due to the use of drain water heat recovery devices. Lowering boiler water temperature during periods of moderate outdoor temperature reduces energy consumption of the boiler. CE179–13, Part II ..... Table R402.4.1.1 (IRC Table N1102.4.1.1). Exempts fire sprinklers from air sealing requirements. Negligible ................ 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 ................ 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 ................ (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. mstockstill on DSK4VPTVN1PROD with NOTICES 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). 4 Taylor et al., Identification of RESNET HERS Index Values Corresponding to Minimal Compliance with the IECC (PNNL, Richland, WA, May 2014), available at https://www.energycodes. gov/hers-and-iecc-performance-path VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 57924 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 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) Site EUI (kBtu/ft2-yr) Climate zone 1 ....................................................................................................................................... 2 ....................................................................................................................................... 3 ....................................................................................................................................... 4 ....................................................................................................................................... 5 ....................................................................................................................................... 6 ....................................................................................................................................... 7 ....................................................................................................................................... 8 ....................................................................................................................................... National Weighted Average ............................................................................................. Source EUI (kBtu/ft2-yr) 14.18 16.38 16.04 18.35 26.65 28.35 35.16 48.68 19.92 Energy costs ($/residence-yr) 39.23 41.32 38.05 40.54 44.44 46.27 59.78 84.06 41.45 866 1052 927 980 1082 1118 1408 2166 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/ft2-yr) Climate zone 1 ....................................................................................................................................... 2 ....................................................................................................................................... 3 ....................................................................................................................................... 4 ....................................................................................................................................... 5 ....................................................................................................................................... 6 ....................................................................................................................................... 7 ....................................................................................................................................... 8 ....................................................................................................................................... National Weighted Average ............................................................................................. Table III.5 presents the estimated energy savings (based on percent change in EUI and energy costs) associated with Source EUI (kBtu/ft2-yr) 14.07 16.21 15.83 18.12 26.39 28.08 34.82 48.17 19.69 the 2015 IECC. Overall, the updated code is expected to increase the energy Energy costs ($/residence-yr) 38.98 40.93 37.59 40.06 44.05 45.86 59.20 83.16 41.02 862 1044 917 970 1074 1110 1396 2143 1006 efficiency of residential buildings, as represented in Table III.5. TABLE III.5—REGULATED ANNUAL ENERGY SAVINGS ESTIMATED FROM THE QUANTITATIVE ANALYSIS Site EUI (a) mstockstill on DSK4VPTVN1PROD with NOTICES Climate zone 1 2 3 4 5 6 7 8 ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 Source EUI (a) 0.81% 1.04% 1.33% 1.26% 0.98% 0.95% 0.98% 1.06% E:\FR\FM\26SEN1.SGM 0.64% 0.93% 1.20% 1.19% 0.87% 0.87% 0.96% 1.07% 26SEN1 Energy costs (a) 0.46% 0.82% 1.03% 1.03% 0.76% 0.75% 0.85% 1.07% Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices 57925 TABLE III.5—REGULATED ANNUAL ENERGY SAVINGS ESTIMATED FROM THE QUANTITATIVE ANALYSIS—Continued Site EUI (a) Climate zone National Weighted Average ............................................................................................. Source EUI (a) 1.12% Energy costs (a) 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 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 5 Available at https://www.energycodes.gov/ adoption/states PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 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 E:\FR\FM\26SEN1.SGM 26SEN1 57926 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 6 Available at https://energy.gov/gc/office-generalcounsel VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 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)) PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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 E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Notices Review Under the Treasury and General Government Appropriations Act of 2001 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 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 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 57927 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. E:\FR\FM\26SEN1.SGM 26SEN1 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 19:14 Sep 25, 2014 Jkt 232001 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) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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 SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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 https://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 E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[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: https://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 https://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 https://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 https://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 https://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.
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\5\ Available at https://www.energycodes.gov/adoption/states
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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\
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\6\ Available at https://energy.gov/gc/office-general-counsel
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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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