Energy Conservation Standards for New Federal Commercial and Multi-Family High-Rise Residential Buildings and New Federal Low-Rise Residential Buildings, 70275-70284 [E6-20439]
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70275
Rules and Regulations
Federal Register
Vol. 71, No. 232
Monday, December 4, 2006
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1792
RIN 0572–AC01
Seismic Safety
Rural Utilities Service, USDA.
Notice of confirmation of direct
final rule.
AGENCY:
ACTION:
SUMMARY: The Rural Utilities Service, an
agency which administers the U.S.
Department of Agriculture’s Rural
Development Utilities Programs
(hereinafter ‘‘USDA Rural
Development’’ or the ‘‘Agency,’’) gives
notice that no adverse comments were
received regarding the direct final rule
amending its regulations to update the
seismic safety requirements of the
Agency, and confirms the effective date
of the direct final rule.
DATES: The direct final rule published in
the Federal Register on October 16,
2006 (71 FR 60657), and will be
effective on November 30, 2006.
FOR FURTHER INFORMATION CONTACT: Mr.
Donald Heald, Structural Engineer,
Transmission Branch, Electric Staff
Division, USDA Rural Development,
1400 Independence Avenue, SW., STOP
1569, Washington, DC 20250–1569.
Telephone: (202) 720–9102. Fax: (202)
720–7491.
SUPPLEMENTARY INFORMATION:
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Background
In the mid eighties, the Federal
Emergency Management Agency
(FEMA) contracted the Building Seismic
Safety Council (BSSC) to develop the
National Earthquake Hazards Reduction
Program (NEHRP) Provisions for new
buildings. One of the primary goals of
the program is to reduce or mitigate
losses from earthquakes. The NEHRP
Recommended Provisions for Seismic
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Regulations for New Buildings and
Other Structures are recommended
provisions that have been adopted in
recent times by model codes and
standards. The first edition of the
NEHRP Provisions was dated 1985. The
document is updated on a 3-year cycle.
The 2000 edition of the NEHRP
provisions is the fifth update of the
document.
Executive Order 12699, Seismic
Safety of Federal and Federally Assisted
or Regulated New Building
Construction, requires that all new
federally owned, leased, assisted, and
other regulated buildings be designed
and constructed in accordance with the
appropriate seismic standards. The
Interagency Committee on Seismic
Safety in Construction (ICSSC) has
recommended the use of building codes
which are substantially equivalent to
the 2000 National Earthquake Hazards
Reduction Program Provisions for the
Development of Seismic Regulations for
New Buildings (commonly called the
NEHRP Provisions).
The National Institute of Standards
and Technology (NTIS) had previously
contracted to evaluate the equivalency
of the latest edition of the NEHRP
Provisions available at the time and the
latest editions of national building
codes and standards. The four previous
comparisons involved the BOCA
National Building Code (BOCA/NBC),
the Standard Building Code (SBC), the
Uniform Building Code (UBC), ASCE 7,
Minimum Design Loads for Buildings
and Other Structures (ASCE 7) and
CABO One- and Two-family Dwelling
Code (OTFDC), the International
Building Code (IBC), and the
International Residential Code (IRC).
NTIS contracted to determine whether
or not the seismic and material design
provisions of the International Building
Code (IBC), 2003 edition; the NFPA
5000 Building Construction and Safety
Code, 2003 edition; the International
Residential Code for One- and TwoFamily Dwellings, 2003 edition, and
ASCE 7–02, Minimum Design Loads for
Buildings and Other Structures, are
substantially equivalent to, or exceed,
the 2000 NEHRP Provisions.
For purposes of USDA Rural
Development, the following documents
have been found to be substantially
equivalent to the 2000 NEHRP:
International Building Code (IBC), 2003
edition; the NFPA 5000 Building
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Construction and Safety Code, 2003
edition, and ASCE 7–02, Minimum
Design Loads for Buildings and Other
Structures. Although these documents
were found to be equivalent in intent
and equivalent in design values, there
were some exceptions within each
document. Because of the structure of
our agency requirements, it is
recommended that the above documents
be accepted as substantially equivalent.
Confirmation of Effective Date
This is to confirm the effective date of
November 30, 2006, for the direct final
rule 7 CFR 1792, Seismic Safety,
published in the Federal Register on
October 16, 2006.
Dated: November 28, 2006.
James M. Andrew,
Administrator, Rural Utilities Service.
[FR Doc. E6–20482 Filed 12–1–06; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
10 CFR Parts 433, 434, and 435
[Docket No. EE–RM/STD–02–112]
RIN 1904–AB13
Energy Conservation Standards for
New Federal Commercial and MultiFamily High-Rise Residential Buildings
and New Federal Low-Rise Residential
Buildings
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Interim final rule; request for
comments.
AGENCY:
SUMMARY: The U.S. Department of
Energy (DOE) is publishing this interim
final rule to implement provisions in
the Energy Policy Act of 2005 that
require DOE to establish revised energy
efficiency performance standards for the
construction of all new Federal
buildings, including both commercial
and multi-family high-rise residential
buildings and low-rise residential
buildings.
The amendment made by this
interim final rule is effective January 3,
2007. The incorporation by reference of
certain publications in the interim final
DATES:
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Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations
rule is approved by the Director of the
Federal Register as of January 3, 2007.
Comment Date: Comments must be
received by DOE no later than February
2, 2007. If you submit information that
you believe to be exempt by law from
public disclosure, you should submit
one complete copy, as well as one copy
from which the information claimed to
be exempt by law from public
disclosure has been deleted. DOE is
responsible for the final determination
with regard to disclosure or
nondisclosure of the information and for
treating it accordingly under the DOE
Freedom of Information regulations at
10 CFR 1004.11.
ADDRESSES: You may submit comments,
identified by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: cyrus.nasseri@ee.doe.gov.
Include EE–RM/STD–02–112 and/or
RIN 1904–AB13 in the subject line of
the message.
• Postal Mail: Mr. Cyrus Nasseri, U.S.
Department of Energy, Federal Energy
Management Program, Mailstop EE–2L,
Energy Standard for New Federal
Commercial and Multi-Family HighRise Residential Buildings and Energy
Standards for New Federal Low-Rise
Residential Buildings, EE–RM/STD–02–
112 and/or RIN 1904–AB13, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9138. Please
submit one signed paper original.
• Hand Delivery/Courier: Mr. Cyrus
Nasseri, U.S. Department of Energy,
Federal Energy Management Program,
Room 1M–048, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Information
Number (RIN) for this rulemaking.
Docket: For access to the docket to
read background documents or
comments received by DOE, go to the
U.S. Department of Energy, Forrestal
Building, Room 1M–048 (Resource
Room of the Federal Energy
Management Program), 1000
Independence Avenue, SW.,
Washington, DC, (202) 586–9127,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Please call Mr. Cyrus Nasseri at the
above telephone number for additional
information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT:
Cyrus Nasseri, U.S. Department of
Energy, Office of Energy Efficiency and
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Renewable Energy, Federal Energy
Management Program, EE–2L, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
9138, e-mail: cyrus.nasseri@ee.doe.gov,
or Stephen P. Walder, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Federal Energy
Management Program, EE–2L, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
9209, e-mail:
stephen.walder@ee.doe.gov, or Chris
Calamita, Esq., U.S. Department of
Energy, Office of the General Counsel,
Forrestal Building, GC–72, 1000
Independence Avenue, SW.,
Washington, DC 20585, (202) 586–9507,
e-mail:
Christopher.Calamita@hq.doe.gov.
In this
rule, DOE incorporates by reference into
Title 10, Code of Federal Regulations
(CFR), Parts 433 and 435, ANSI/
ASHRAE/IESNA Standard 90.1–2004,
Energy Standard for Buildings Except
Low-Rise Residential Buildings, January
2004, American Society of Heating
Refrigerating and Air-Conditioning
Engineers, Inc., ISSN 1041–2336, and
ICC International Energy Conservation
Code (IECC), 2004 Supplement Edition,
January 2005, International Code
Council, ISBN 7801S04.
You can view copies of these
standards in the resource room of the
Building Technologies Program, Room
IJ–018 at the U.S. Department of Energy,
1000 Independence Avenue, SW.,
Washington, DC 20585, between the
hours of 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Please call Ms. Brenda Edwards-Jones at
(202) 586–2945 for additional
information regarding visiting the
resource room.
You can purchase copies of ASHRAE
Standard 90.1–2004 from ASHRAE
Publication Sales, 1791Tullie Circle,
NE, Atlanta, GA 30329, https://
resourcecenter.ashrae.org/store/ashrae/;
and copies of the 2004 International
Energy Conservation Code, chapters 1–
4 from the International Code Council,
Publications, 4051 West Flossmoor
Road, Country Club Hills, IL 60478–
5795, https://www.iccsafe.org/e/
category.html.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Discussion of Today’s Action
III. Section 109 of the Energy Policy Act of
2005 Requirements Not Addressed in
Today’s Rule
IV. Reference Resources
V. Procedural Requirements
VI. Congressional Notification
VII. Approval of the Office of the Secretary
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I. Introduction
Section 305 of the Energy
Conservation and Production Act (Pub.
L. 94–385, ECPA) was amended by Title
I of the Energy Policy Act of 1992 (Pub.
L. 102–486). Section 305(a)(1) of ECPA
requires DOE to establish building
energy efficiency standards for all new
Federal buildings. (42 U.S.C.
6834(a)(1).) Section 305(a)(1) requires
standards for Federal buildings that
contain energy efficiency measures that
are technologically feasible and
economically justified but, at a
minimum, require the subject buildings
to meet the energy saving and renewable
energy specifications in the applicable
voluntary consensus energy code
specified in section 305(a)(2). (42 U.S.C.
6834(a)(1) and (2).) Until amended by
the Energy Policy Act of 2005 (Pub. L.
109–58), section 305(a)(2) set the
minimum or baseline standards as the
CABO (Council of American Building
Officials) Model Energy Code, 1992 (for
residential buildings) and ASHRAE
(American Society of Heating,
Refrigerating, and Air-Conditioning
Engineers) Standard 90.1–1989 (for
commercial and multi-family high rise
residential buildings). Section
305(a)(2)(C) of ECPA requires that DOE
consider, in consultation with the
Environmental Protection Agency and
other Federal agencies, and where
appropriate, measures regarding radon
and other indoor air pollutants.
Section 306(a)(1) of ECPA provides
that each Federal agency must adopt
procedures to ensure that new Federal
buildings will meet or exceed the
Federal building energy efficiency
standards established under section 305.
(42 U.S.C. 6835(a)(1).) Additionally,
section 306(a)(2) extends the
requirements for new Federal buildings
established under section 305 to
buildings under the jurisdiction of the
Architect of the Capitol. (42 U.S.C.
6835(a)(2).) Section 306(b) bars the head
of a Federal agency from expending
Federal funds for the construction of a
new Federal building unless the
building meets or exceeds the
applicable Federal building energy
standards established under section 305.
(42 U.S.C. 6835(b).)
DOE established Federal building
standards under ECPA and initially
placed both the commercial and
residential standards in Part 435 of Title
10 of the CFR. In a final rule published
on October 6, 2000, DOE established
new energy efficiency standards for new
Federal commercial and multi-family
high-rise residential buildings (65 FR
59999). DOE placed the revised Federal
commercial and multi-family high-rise
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residential building standards in a new
10 CFR Part 434, entitled ‘‘Energy Code
for New Federal Commercial and MultiFamily High Rise Residential
Buildings.’’ The standards for Federal
low-rise residential buildings remain in
10 CFR Part 435.
Section 109 of the Energy Policy Act
of 2005 amended section 305 of ECPA.
(42 U.S.C. 6835.) Section 109 replaced
the minimum standards referenced in
section 305(a)(2)(A) with references to
updated building codes that are widely
used today. For residential buildings,
CABO Model Energy Code, 1992, was
replaced with the 2004 International
Energy Conservation Code (IECC). For
commercial and multi-family high rise
buildings, ASHRAE Standard 90.1–1989
was replaced with ASHRAE Standard
90.1–2004.
Section 109 of the Energy Policy Act
of 2005 also added a new section
305(a)(3)(A) that requires DOE to, by
rule, establish revised Federal building
energy efficiency performance standards
not later than August 8, 2006. (42 U.S.C.
6834(a)(3)(A).) Under the revised
standards, new Federal buildings must
be designed to achieve energy
consumption levels that are at least 30
percent below the updated minimum
standards referenced in section
305(a)(2), if life-cycle cost-effective. (42
U.S.C. 6834(a)(3)(A)(i)(I).) Additionally,
Federal agencies must apply, if lifecycle cost-effective, sustainable design
principles to the siting, design, and
construction of all new and replacement
buildings. (42 U.S.C.
6834(a)(3)(A)(i)(II).) If water is used to
achieve energy efficiency, water
conservation technologies shall be
applied to the extent that such
technologies are life-cycle cost-effective.
(42 U.S.C. 6834 (a)(3)(A)(ii).)
II. Discussion of Today’s Action
DOE is issuing today’s action as an
interim final rule. Today’s final rule
deals solely with the energy efficiency
of new Federal buildings, which are
public property. Matters that relate to
public property are excepted from prior
notice and comment requirements. (5
U.S.C. 553(a)(2).) Additionally, the
explicitness of the direction provided to
DOE for this rule in Section 109 of the
Energy Policy Act of 2005 supports
issuance of an interim final rule, as a
matter of policy. The interim final rule
incorporates updated versions of ANSI/
ASHRAE/IESNA Standard 90.1–2004,
and the IECC standard as directed by
statute. The interim final rule also
establishes a requirement for new
Federal buildings to achieve a level of
energy efficiency 30 percent greater than
that of the ANSI/ASHRAE/IESNA or
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IECC levels, as appropriate, when lifecycle cost-effective, again as directed by
the statute. DOE also decided that the
interim final rule approach offered the
best opportunity to achieve the goals of
Section 109 of the Energy Policy Act of
2005 as soon as possible.
This interim final rule incorporates by
reference ANSI/ASHRAE/IESNA
Standard 90.1–2004, Energy Standard
for Buildings Except Low-Rise
Residential Buildings, and the 2004
International Energy Conservation Code
as prescribed by Congress in section 109
of the Energy Policy Act of 2005, into
10 CFR Parts 433 and 435, respectively.
Under today’s interim final rule, new
Federal commercial and multi-family
high-rise residential buildings, for
which design for construction begins on
or after the effective date of today’s
interim final rule, must be designed to
comply with the ASHRAE standard.
New Federal low-rise residential
buildings, for which design for
construction begins on or after the
effective date of today’s interim final
rule, must be designed to comply with
the IECC standard.
In addition to complying with the
appropriate incorporated standard, a
new Federal building must also be
designed to achieve an energy
consumption level that is at least 30
percent below the level achieved under
that standard, if life-cycle cost-effective.
Congress expressly specified a
minimum performance requirement of a
30 percent improvement, if life-cycle
cost effective. Although the statute
requires DOE to establish performance
standards that are ‘‘at least’’ 30 percent
below the levels in the incorporated
ASHRAE and IECC standards, the
standards that DOE establishes today do
not require Federal agencies to consider
the life-cycle cost effectiveness of
improvements beyond the 30 percent
level.
It is DOE’s view that had Congress
sought to require improvements at a
maximum level of life-cycle cost
effectiveness, it would have mandated
designs to achieve that level and would
not have specified the 30 percent
minimum. Moreover, absent some
direction in the statute, DOE is unable
to specify in today’s rule an energy
consumption level that is greater than
30 percent below the levels achieved
under the incorporated standards, but
less than the maximum level that would
be cost effective. However, as indicated
by the words ‘‘at least,’’ Federal
agencies are not precluded from
designing buildings to achieve greater
improvements, and DOE encourages
agencies to design new Federal
buildings to achieve lower energy
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consumption levels if life-cycle cost
effective.
Further, the experiences of ASHRAE
(with the development of their
Advanced Energy Design Guides for
small office and small retail buildings)
and the New Buildings Institute’s (NBI)
Advanced Buildings program indicate
that a savings 30 percent beyond that
achieved through the incorporated
standards is achievable in most building
types with measures that are relatively
‘‘standard;’’ i.e., with measures that are
widely available and with which the
general industry is familiar. The 30percent requirement should not
necessitate consideration of measures
that are limited in availability or with
which the general industry is
unfamiliar.
If the additional 30 percent savings is
not life-cycle cost-effective, an agency
must evaluate the cost-effectiveness of
alternative designs at successive
decrements below 30 percent (e.g., 25
percent, 20 percent, etc.) in order to
identify the most energy-efficient design
that is life-cycle cost-effective for that
building. However, the building must
remain compliant with the ANSI/
ASHRAE/IESNA Standard 90.1–2004, or
IECC standard, as applicable. By
requiring consideration of the life-cycle
cost effectiveness of improvements if a
30 percent improvement is not life-cycle
cost effective, today’s final rule ensures
that all readily available energy saving
measures are considered.
Today’s rule also specifies that the
methodology defined in 10 CFR part
436, subpart A, be used to establish the
life-cycle cost-effectiveness of design
measures used to achieve energy
consumption levels below the criteria
found in the minimum level standards
described above. This is done to be
consistent with Executive Order 13123,
which requires Federal agencies to use
this methodology in the design of new
Federal buildings, and to respond to the
requirements in the Energy Policy Act of
2005 that requirements of the new
standards be life-cycle cost-effective.
Federal agencies may choose to use one
of four methods listed in 10 CFR part
436 to demonstrate life-cycle costeffectiveness. These methods include
lower life-cycle costs, positive net
savings, savings-to-investment ratio that
is estimated to be greater than one, and
an adjusted internal rate of return that
is estimated to be greater than the
discount rate as listed in OMB Circular
Number A–94 ‘‘Guidelines and Discount
Rates for Benefit-Cost Analysis of
Federal Programs.’’
In applying this methodology to
analysis of new Federal buildings,
agencies must estimate the life-cycle
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costs and energy consumption of the
planned building as designed and an
otherwise identical building just
meeting the minimum criteria set forth
in the applicable baseline ASHRAE or
IECC standard. The agencies must try to
find a design that reduces energy
consumption by a total of 30 percent or
more without increasing the planned
building’s expected life-cycle cost. DOE
intends to provide additional guidance
and tools to assist Federal agencies in
meeting these new building design
requirements.
Today’s rule does not take a
prescriptive approach as to how the 30
percent reduction is to be obtained. The
baseline standards contain a limited set
of mandatory requirements, such as
sealing leaks in the building envelope
and air duct systems. Beyond this, there
are no restrictions on how the Federal
agency achieves cost-effective energy
savings. DOE believes that Federal
agencies should be given the flexibility
necessary to determine the most
effective ways to achieve energy savings
above that of the incorporated
standards, rather than relying on
prescriptive requirements that may not
be appropriate in all cases.
Today’s interim final rule is effective
beginning 30 days following Federal
Register publication. All new Federal
buildings for which design for
construction begins on or after that date
must comply with the requirements
established in this rule. All new Federal
buildings for which design for
construction has begun prior to that date
must comply with the requirements in
10 CFR part 434 or subpart C of part
435, as applicable.
DOE is accepting comments on this
interim final rule. The interim final rule
will take effect on the date listed above
in the DATES heading, and will become
part of the CFR. Following close of the
comment period, DOE will issue a
notice of final rulemaking. If no
comments are received, the notice of
final rulemaking will adopt as final the
interim final rule without change. If
comments are received, DOE will
respond to issues raised by the
comments in the notice of final
rulemaking, and either adopt as final the
interim final rule without change, or
adopt the final rule with change in
response to comments.
III. Section 109 of the Energy Policy Act
of 2005 Requirements Not Addressed in
Today’s Rule
Today’s rule does not address the
requirement that, if life-cycle costeffective for new Federal buildings,
agencies must apply sustainable design
principles to the siting, design, and
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construction of all new and replacement
buildings. Today’s rule also does not
address the requirement that ‘‘if water is
used to achieve energy efficiency, the
revised standards also must require
water conservation technologies to be
applied to the extent that such
technologies are life-cycle costeffective.’’ Finally, today’s rule does not
consider measures with regard to radon
and other indoor air pollutants. (42
U.S.C. 6834 (a)(3)(A)(ii)) The
developmental process for addressing
these complicated issues will take more
time and DOE will issue a rulemaking
notice containing provisions on these
subjects at a later date. DOE is
proceeding with the implementation of
only the energy efficiency element from
the directives of section 305(a) of the
Energy Policy Act of 2005 in this
interim final rule so that energy
efficiency in Federal buildings can be
improved as soon as possible.
IV. Reference Resources
The Department has prepared a list of
resources to help Federal agencies
achieve building energy efficiency
levels of at least 30 percent below that
of ASHRAE Standard 90.1–2004 or the
2004 IECC. These resources come in
many forms—design guidance, case
studies and in a variety of media—in
printed document or on Web site.
Resources are provided in three
categories—for all buildings,
specifically for commercial and highrise multi-family residential buildings,
and specifically for low-rise residential
buildings.
Resources for All Buildings
Energy Efficient Products—U.S. DOE
Federal Energy Management Program
and U.S. Environmental Protection
Agency (EPA) ENERGY STAR Program
https://www.eere.energy.gov/femp/
procurement/ and https://
www.energystar.gov/products
Federal agencies are required by the
Energy Policy Act of 2005 to specify
FEMP-designated or ENERGY STAR
equipment, including building
mechanical and lighting equipment and
builder-supplied appliances, for
purchase and installation in all new
construction. This equipment is
generally more efficient than the
corresponding requirements of ASHRAE
Standard 90.1–2004 and the 2004 IECC,
and may be used to achieve part of the
savings required of Federal building
designs. (Today’s rule does not
specifically address the use of this
equipment, but the Web site is listed for
the convenience of the agencies and to
point out that this is a very useful
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resource for achieving part of the energy
savings required by the rule.)
Life-Cycle Cost Analysis—U.S. DOE
Federal Energy Management Program
https://www.access.gpo.gov/nara/cfr/
waisidx_04/10cfr436_04.html
The life-cycle cost analysis rules
promulgated in 10 CFR Part 436 Subpart
A, Methodology and Procedures for Life
Cycle Cost Analysis, conform to
requirements in the Federal Energy
Management Improvement Act of 1988
and subsequent energy conservation
legislation, as well as Executive Order
13123, Greening the Government
through Efficient Energy Management.
The life-cycle cost guidance and
required discount rates and energy price
projections are determined annually by
FEMP and the Energy Information
Administration, and published in the
Annual Supplement to The National
Institute of Science and Technology
Handbook 135: ‘‘Energy Price Indices
and Discount Factors for Life-Cycle Cost
Analysis.’’
https://www.eere.energy.gov/femp/pdfs/
ashb06.pdf. FEMP also provides
guidance on the LCC requirements of
Executive Order 13123 at
https://www1.eere.energy.gov/femp/
program/lifecycle.html and https://
www1.eere.energy.gov/femp/
information/download_blcc.html.
ENERGY STAR Buildings—The U.S.
Environmental Protection Agency and
U.S. Department of Energy
https://www.energystar.gov/
index.cfm?c=bldrs_lenders_
raters.homes_guidelns09 (homes) and
https://www.energystar.gov/
index.cfm?c=new_bldg_design.bus_
target_finder (non-residential
buildings)
ENERGY STAR is a Governmentbacked program helping businesses and
individuals protect the environment
through superior energy efficiency. The
EPA specifications for ENERGY STARlabeled homes, effective as of the date
of this rule, provide a useful
prescriptive guide for meeting the
Federal energy efficiency standard for
low-rise residential buildings. The
benchmarking tool and other
information at the ENERGY STAR
TargetFinder Web site can be useful in
determining an annual energy target for
the building design and computer
simulations, evaluating costeffectiveness of efficiency measures, and
tracking the building’s actual energy
performance after construction.
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High Performance Buildings—U.S. DOE
Building Technologies Program
https://www.eere.energy.gov/buildings/
highperformance/
A collection of design approaches,
tools, technologies and case studies
focused on high performance buildings
that achieve savings of 30 percent to 50
percent better than generally accepted
good practice.
Building Energy Software Tools—U.S.
DOE Building Technologies Program
https://www.eere.energy.gov/buildings/
tools_directory/
This directory provides information
on building software tools for evaluation
energy efficiency, renewable energy,
and sustainability in buildings.
Resources for Commercial and HighRise Multi-Family Residential Buildings
ASHRAE Standard 90.1–2004—
ASHRAE
https://www.ashrae.org (search for
Standard 90.1–2004) or
https://resourcecenter.ashrae.org/store/
ashrae/newstore.cgi?itemid=27679
&view=item&page=1
&loginid=6683225
&words=Standard%2090.1–
2004&method=and&
The Minimum Energy Performance
Standard for commercial and high-rise
multi-family buildings is ANSI/
ASHRAE/IESNA Standard 90.1–2004.
This link also contains a link to a readonly version of Standard 90.1–2004.
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Whole Building Design Guide—National
Institute of Building Sciences
https://www.wbdg.org
A portal providing one-stop access to
up-to-date information on a wide range
of building-related guidance, criteria
and technology from a ‘whole buildings’
perspective.
Advanced Energy Design Guide—
ASHRAE
https://www.ashrae.org (search for
Advanced Energy Design Guide) or
https://resourcecenter.ashrae.org/store/
ashrae/newstore.cgi?itemid=23307&
view=item&page=1&loginid=6683251
&words=Advanced%20Energy
%20Design%20Guide&method=and&
A set of design guides for users who
wish to go beyond Standard 90.1,
targeted at 30 percent better than
ASHRAE Standard 90.1–1999 (which
translates to about 25 percent better
than ASHRAE standard 90.1–2004).
Advanced BuildingsTM
E-BenchmarkTM—New Buildings
Institute
https://www.poweryourdesign.com
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A set of guidelines for the design,
construction, and operation of new and
renovated nonresidential buildings
targeted at 30 percent better than
ASHRAE Standard 90.1–1999 (which
translates to about 25 percent better
than ASHRAE Standard 90.1–2004).
solutions for new and existing homes.
The Building America project combines
the knowledge and resources of industry
leaders with DOE’s technical
capabilities. Together, they act as a
catalyst for change in the home-building
industry.
Labs for the 21st Century—U.S. EPA
and U.S. DOE
Energy & Environmental Building
Association (EEBA)
https://www.eeba.org/
EEBA’s mission is to provide
education and resources to transform
the residential design, development and
construction industries to profitably
deliver energy efficient and
environmentally responsible buildings
and communities.
https://www.labs21century.gov/
A Web site focused on improving the
energy efficiency and environmental
performance of laboratory space. This
site includes training and educational
resources and design tools focused on
laboratories.
Leadership in Energy and
Environmental Design (LEED)—U.S.
Green Building Council (USGBC)
https://www.usgbc.org/
DisplayPage.aspx?CategoryID=19
The LEED Green Building Rating
System is a voluntary, consensusbased national standard for developing
high-performance, sustainable
buildings. USGBC members,
representing every sector of the building
industry, developed and continue to
refine LEED.
Resources for Low-Rise Residential
Buildings
2004 Supplement to the 2003 IECC—
ICC
https://www.iccsafe.org (search for 2004
IECC) or https://www.iccsafe.org/dyn/
prod/7801S04.html
The Minimum Energy Performance
Standard for low-rise residential
buildings is the International Code
Council (ICC) 2004 IECC Supplement.
Residential Energy Services Network
(RESNET)
https://www.natresnet.org/programs/
software/directory.htm
RESNET is responsible for home
energy rating systems used for energy
efficient mortgages. RESNET activities
include adopting standards that set the
national procedures for home energy
ratings and procedures for certifying
raters. Since the home energy ratings
utilize the 2004 IECC as the baseline,
RESNET accredited software programs
may be appropriate for calculating
energy consumption to determine
compliance with this rule.
Building America—U.S. Department of
Energy
https://www.eere.energy.gov/buildings/
building_america/
Building America is a private/public
partnership that develops energy
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The Partnership for Advancing
Technology in Housing (PATH)—U.S.
Department of Housing and Urban
Development
https://www.pathnet.org/
sp.asp?mc=about_path
PATH is dedicated to accelerating the
development and use of technologies
that radically improve the quality,
durability, energy efficiency,
environmental performance, and
affordability of America’s housing.
PATH is a voluntary partnership
between leaders of the homebuilding,
product manufacturing, insurance, and
financial industries and representatives
of Federal agencies concerned with
housing.
V. Procedural Requirements
A. Review under Executive Order 12866,
‘‘Regulatory Planning and Review’’
Today’s interim final rule is a
‘‘significant regulatory action’’ under
section 3(f)(1) of Executive Order 12866,
‘‘Regulatory Planning and Review.’’ 58
FR 51735 (October 4, 1993).
Accordingly, today’s action was subject
to review by the Office of Information
and Regulatory Affairs in the Office of
Management and Budget (OMB). OMB
has completed its review.
B. Review under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires the
preparation of an initial regulatory
flexibility analysis for any rule that by
law must be proposed for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
Proper Consideration of Small Entities
in Agency Rulemaking, 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
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2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process. 68 FR 7990. The
Department has made its procedures
and policies available on the Office of
General Counsel’s Web site: https://
www.gc.doe.gov.
Today’s rule on energy efficiency
performance standards for the design
and construction of new Federal
buildings is not subject to any legal
requirement to publish a general notice
of proposed rulemaking. Therefore, the
Regulatory Flexibility Act does not
apply.
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C. Review Under the Paperwork
Reduction Act of 1995
This rulemaking will impose no new
information or record keeping
requirements. Accordingly, Office of
Management and Budget (OMB)
clearance is not required under the
Paperwork Reduction Act. (44 U.S.C.
3501 et seq.)
D. Review Under the National
Environmental Policy Act of 1969
The Department prepared an
Environmental Assessment (EA) (DOE/
EA–1463) entitled, Draft Environmental
Assessment for Interim Final Rule, 10
CFR Part 433, ‘‘Energy Efficiency
Standards for New Federal Commercial
and Multi-Family High-Rise Residential
Buildings,’’ and 10 CFR Part 435,
‘‘Energy Efficiency Standards for New
Federal Low-Rise Residential
Buildings,’’ pursuant to the Council on
Environmental Quality’s (CEQ)
Regulations for Implementing the
Procedural Provisions of the National
Environmental Policy Act (40 CFR Parts
1500–1508), the National Environmental
Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321 et seq.), and DOE’s
NEPA Implementing Procedures (10
CFR Part 1021).
The EA addresses the possible
environmental effects attributable to the
implementation of the interim final rule.
The only impact would be a decrease in
outdoor air pollutants resulting from
decreased fossil fuel burning for energy
use in Federal buildings.
To identify the potential
environmental impacts that may result
from implementing the interim final
rule on new Federal commercial
buildings, DOE compared the interim
final rule with a ‘‘no-action alternative’’
of using the current Federal standards—
10 CFR Part 434 and 10 CFR Part 435.
DOE also compared the interim final
rule to the prevailing national voluntary
building energy codes, which also are
the minimum requirements for the
interim final rule. For commercial and
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high-rise multi-family residential
buildings, the American National
Standards Institute (ANSI)/American
Society of Heating, Refrigerating and
Air-Conditioning Engineers, Inc.
(ASHRAE)/Illuminating Engineering
Society of North America (IESNA)
ASHRAE/IESNA Standard 90.1–2004
(ASHRAE 2004) is the minimum
requirement for the DOE preferred
alternative. For low-rise residential
buildings, the International Code
Council (ICC) International Energy
Conservation Code (IECC) 2004
Supplement Edition (ICC 2004) is the
minimum requirement for the DOE
preferred alternative. For the purpose of
this environmental assessment, DOE
also investigated the impact of buildings
achieving energy consumption below
Standard 90.1–2004 or the 2004 IECC in
increments of 10 percent, up to 50
percent.
For low-rise residential buildings, the
Federal government is estimated to
construct about 2000 housing units
annually that would be subject to this
rule. Avoided carbon dioxide emissions
are estimated at 763 metric tons of
carbon in the first year the interim final
rule is in effect, if 30 percent savings in
energy consumption over the 2004 IECC
are achieved. Avoided nitrogen oxide
and sulfur dioxide emissions are
estimated to be each 4 tons in the first
year the rule is in effect.
For commercial and high-rise multifamily residential buildings, the Federal
government is estimated to construct 28
million square feet of Federal
commercial buildings annually. Federal
high-rise residential buildings are rare.
Assuming a 30 percent savings in
energy consumption over 90.1–2004,
avoided carbon dioxide emissions
(relative to the existing 10 CFR Part 434)
are estimated at 35,800 metric tons of
carbon in the first year the interim final
rule is in effect, with the savings
compounding in future years as more
and more Federal construction occurs.
Avoided nitrogen oxide emissions are
estimated to be 317 tons in the first year
the rule is in effect, while the avoided
sulfur dioxide emissions are estimated
at 625 tons.
Copies of the EA are available for
review at https://www.eere.energy.gov/
femp/about/legislation.html, or by
contacting Cyrus Nasseri, Office of
Federal Energy Management, Mail
Station, EE–2L, 1000 Independence
Avenue, 20585–0121, (202) 586–9138.
Comments on the EA may be submitted
to DOE at this address by the comment
date noted above under the DATES
heading. DOE will consider all
comments received before approving or
modifying the EA, as appropriate.
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E. Review Under Executive Order 13132,
‘‘Federalism’’
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications. On March
14, 2000, DOE published a statement of
policy describing the intergovernmental
consultation process it will follow in the
development of such regulations. (65 FR
13735). DOE examined this rule and
determined that it does not preempt
State law and does not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of Government. No further action
is required by Executive Order 13132.
F. Review Under Executive Order 12988,
‘‘Civil Justice Reform’’
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct, rather than a general
standard and promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct,
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
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review regulations in light of applicable
standards in section 3(a) and section
3(b) to determine whether they are met
or it is unreasonable to meet one or
more of them. DOE has completed the
required review and determined that, to
the extent permitted by law; this rule
meets the relevant standards of
Executive Order 12988.
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G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4) requires each Federal agency to
assess the effects of Federal regulatory
actions on State, local, and tribal
governments and the private sector. For
a proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a) and
(b)) The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA (62 FR 12820) (also available at
https://www.gc.doe.gov). This interim
final rule contains neither an
intergovernmental mandate nor a
mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements under
the Unfunded Mandates Reform Act do
not apply.
H. 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. This
interim final rule 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.
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I. Review Under Executive Order 12630,
‘‘Governmental Actions and
Interference With Constitutionally
Protected Property Rights’’
The Department has determined,
under Executive Order 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights,’’ 53 FR 8859 (March 18, 1988),
that this rule would not result in any
takings which might require
compensation under the Fifth
Amendment to the United States
Constitution.
J. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note)
provides for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (February 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (October 7, 2002). DOE has
reviewed today’s interim final rule
under the OMB and DOE guidelines and
has concluded that it is consistent with
applicable policies in those guidelines.
K. Review Under Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to the Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget, 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
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.
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This interim final rule would not have
a significant adverse effect on the
supply, distribution, or use of energy
and, therefore, is not a significant
energy action. Accordingly, DOE has not
prepared a Statement of Energy Effects.
VI. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule prior to its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
VII. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of today’s interim final rule.
List of Subjects in 10 CFR Parts 433,
434, and 435
Buildings, Energy conservation,
Engineers, Federal buildings and
facilities, Housing, Incorporation by
reference.
Issued in Washington, DC, on November
22, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
For the reasons set forth in the
preamble, DOE amends chapter II of
title 10 of the Code of Federal
Regulations as set forth below:
I 1. Part 433 is added to read as follows:
I
PART 433—ENERGY EFFICIENCY
STANDARDS FOR THE DESIGN AND
CONSTRUCTION OF NEW FEDERAL
COMMERCIAL AND MULTI-FAMILY
HIGH-RISE RESIDENTIAL BUILDINGS
Sec.
433.1 Purpose and scope.
433.2 Definitions.
433.3 Materials incorporated by reference.
433.4 Energy efficiency performance
standard.
433.5 Performance level determination.
433.6 Sustainable principles for siting,
design and construction. [Reserved]
433.7 Water used to achieve energy
efficiency. [Reserved]
433.8 Life-cycle costing.
Authority: 42 U.S.C. 6831–6832, 6834–
6835; 42 U.S.C. 7101 et seq.
§ 433.1
Purpose and scope.
This part establishes an energy
efficiency performance standard for the
new Federal commercial and multifamily high-rise buildings, for which
design for construction began on or after
January 3, 2007, as required by section
305(a) of the Energy Conservation and
Production Act, as amended (42 U.S.C.
6834(a)).
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§ 433.2
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations
Definitions.
For purposes of this part, the
following terms, phrases and words are
defined as follows:
ANSI means the American National
Standards Institute.
ASHRAE means the American Society
of Heating, Refrigerating and AirConditioning Engineers.
Baseline building means a building
that is otherwise identical to the
proposed building but is designed to
meet but not exceed the energy
efficiency specifications of ANSI/
ASHRAE/IESNA Standard 90.1–2004,
Energy Standard for Buildings Except
Low-Rise Residential Buildings, January
2004 (incorporated by reference, see
§ 433.3).
Commercial and multi-family highrise residential building means all
buildings other than low-rise residential
buildings.
DOE means the U.S. Department of
Energy.
Federal agency means any
department, agency, corporation, or
other entity or instrumentality of the
executive branch of the Federal
Government, including the United
States Postal Service, the Federal
National Mortgage Association, and the
Federal Home Loan Mortgage
Corporation.
IESNA means Illuminating
Engineering Society of North America.
Life-cycle cost means the total cost
related to energy conservation measures
of owning, operating and maintaining a
building over its useful life as
determined in accordance with 10 CFR
part 436.
Life-cycle cost-effective means that the
proposed building has a lower life-cycle
cost than the life-cycle costs of the
baseline building, as described by 10
CFR 436.19, or has a positive estimated
net savings, as described by 10 CFR
436.20; or has a savings-to-investment
ratio estimated to be greater than one, as
described by 10 CFR 436.21; or has an
adjusted internal rate of return, as
described by 10 CFR 436.22, that is
estimated to be greater than the discount
rate as listed in OMB Circular Number
A–94 (Guidelines and Discount Rates
for Benefit-Cost Analysis of Federal
Programs.’’
Low-rise residential building means
any building three stories or less in
height above grade that includes
sleeping accommodations where the
occupants are primarily permanent in
nature (30 days or more).
New Federal building means any
building to be constructed by, or for the
use of, any Federal agency which is not
legally subject to State or local building
codes or similar requirements.
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Proposed building means the building
design of a new Federal commercial and
multi-family high-rise building
proposed for construction.
§ 433.3 Materials incorporated by
reference.
(a) General. DOE incorporates by
reference the energy performance
standard listed in paragraph (b) of this
section into 10 CFR part 433. The
Director of the Federal Register has
approved the material listed in
paragraph (b) of this section for
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Any subsequent
amendment to this material by the
standard-setting organization will not
affect the DOE building energy
performance standard unless and until
DOE amends its building energy
performance standards. DOE
incorporates the material as it exists on
the date specified in the approval and
a notice of any change in the material
will be published in the Federal
Register.
(b) List of standards incorporated by
reference. ANSI/ASHRAE/IESNA
Standard 90.1–2004, Energy Standard
for Buildings Except Low-Rise
Residential Buildings, January 2004,
American Society of Heating
Refrigerating and Air-Conditioning
Engineers, Inc., ISSN 1041–2336.
(c) Availability of references. The
building energy performance standard
incorporated by reference is available
for inspection at:
(1) National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html
(2) U.S. Department of Energy,
Forrestal Building, Room 1M–048
(Resource Room of the Federal Energy
Management Program), 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
9138, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
(d) Obtaining copies of standards. The
building energy performance standard
incorporated by reference may be
obtained from the American Society of
Heating Refrigerating and AirConditioning Engineers, 1791 Tullie
Circle, NE., Atlanta, GA, 30329, https://
resourcecenter.ashrae.org/store/ashrae/.
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§ 433.4 Energy efficiency performance
standard.
(a) All Federal agencies shall design
new Federal commercial and multifamily high-rise residential buildings,
for which design for construction began
on or after January 3, 2007, to:
(1) Meet ANSI/ASHRAE/IESNA
Standard 90.1–2004, Energy Standard
for Buildings Except Low-Rise
Residential Buildings, January 2004
(incorporated by reference, see 433.3);
and
(2) If life-cycle cost-effective, achieve
energy consumption levels, calculated
consistent with paragraph (b) of this
section, that are at least 30 percent
below the levels of the baseline
building.
(b) Energy consumption for the
purposes of calculating the 30 percent
savings shall include space heating,
space cooling, ventilation, service water
heating, lighting and all other energy
consuming systems normally specified
as part of the building design except for
receptacle and process loads.
(c) If a 30 percent reduction is not lifecycle cost-effective, the design of the
proposed building shall be modified so
as to achieve an energy consumption
level at the maximum level of energy
efficiency that is life-cycle costeffective, but at a minimum complies
with paragraph (a) of this section.
§ 433.5
Performance level determination.
(a) Each Federal agency shall
determine energy consumption levels
for both the baseline building and
proposed building by using the
Performance Rating Method found in
Appendix G of ANSI/ASHRAE/IESNA
Standard 90.1–2004, Energy Standard
for Buildings Except Low-Rise
Residential Buildings, January 2004
(incorporated by reference, see ( 433.3),
except the formula for calculating the
Performance Rating in paragraph G1.2
shall read as follows:
Percentage improvement = 100 x
(Baseline building consumption—
Proposed building consumption)/
(Baseline building consumption—
Receptacle and process loads).
(b) Each Federal agency shall consider
laboratory fume hoods and kitchen
ventilation systems as part of the
ASHRAE-covered HVAC loads subject
to the 30 percent savings requirements,
rather than as process loads.
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§ 433.6 Sustainable principles for siting,
design and construction. [Reserved]
§ 433.7 Water used to achieve energy
efficiency. [Reserved]
§ 433.8
Life-cycle costing.
Each Federal agency shall determine
life-cycle cost-effectiveness by using the
procedures set out in subpart A of part
436. A Federal agency may choose to
use any of four methods, including
lower life-cycle costs, positive net
savings, savings-to-investment ratio that
is estimated to be greater than one, and
an adjusted internal rate of return that
is estimated to be greater than the
discount rate as listed in OMB Circular
Number A–94 ‘‘Guidelines and Discount
Rates for Benefit-Cost Analysis of
Federal Programs.’’
PART 434—ENERGY CODE FOR NEW
FEDERAL COMMERCIAL AND MULTIFAMILY HIGH RISE RESIDENTIAL
BUILDINGS
2. Amend part 434 by revising the part
heading to read as set forth above.
I 3. The authority citation for part 434
continues to read as follows:
I
Authority: 42 U.S.C. 6831–6832, 6834–
6836; 42 U.S.C. 8253–54; 42 U.S.C. 7101, et
seq.
4. Section 434.100 is revised to read
as follows:
I
§ 434.100
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Scope.
101.1 This part provides design
requirements for the building envelope,
electrical distribution systems and
equipment for electric power, lighting,
heating, ventilating, air conditioning,
service water heating and energy
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PART 435—ENERGY EFFICIENCY
STANDARDS FOR NEW FEDERAL
LOW-RISE RESIDENTIAL BUILDINGS
6. The authority citation for part 435
continues to read as follows:
I
Authority: 42 U.S.C. 6831–6832, 6834–
6835; 42 U.S.C. 8253–54; 42 U.S.C. 7101 et
seq.
7. Amend part 435 to add Subpart A
to read as follows:
I
Subpart A—Mandatory Energy
Efficiency Standards for Federal LowRise Residential Buildings.
Sec.
435.1 Purpose and scope.
435.2 Definitions.
435.3 Material incorporated by reference.
435.4 Energy efficiency performance
standard.
435.5 Performance level determination.
435.6 Sustainable principles for siting,
design and construction. [Reserved]
435.7 Water used to achieve energy
efficiency. [Reserved]
435.8 Life-cycle costing.
§ 435.1
Purpose.
The provisions of this part provide
minimum standards for energy
efficiency for the design of new Federal
commercial and multi-family high rise
residential buildings, for which design
for construction began before January 3,
2007. The performance standards are
designed to achieve the maximum
practicable improvements in energy
efficiency and increases in the use of
non-depletable sources of energy. This
rule is based upon the ASHRAE/IESNA
Standard 90.1–1989 and addenda b, c,
d, e, f, g, and i. (This document is
available from the American Society of
Heating, Refrigerating and AirConditioning Engineers, Inc., 1791
Tullie Circle NE, Atlanta, GA.) It is not
incorporated by reference in this
document, but is mentioned for
informational purposes only.
I 5. In § 434.101, revise paragraph 101.1
to read as follows:
§ 434.100
management. It applies to new Federal
multi-family high rise residential
buildings and new Federal commercial
buildings, for which design for
construction began before January 3,
2007.
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Jkt 211001
Purpose and scope.
This part establishes energy efficiency
performance standard for the
construction of new Federal low-rise
residential buildings as required by
section 305(a) of the Energy
Conservation and Production Act, as
amended (42 U.S.C. 6834(a)).
§ 435.2
Definitions.
For purposes of this part, the
following terms, phrases and words
shall be defined as follows:
Baseline building means a new
Federal low-rise residential building
that is otherwise identical to the
proposed building but is designed to
meet but not exceed the energy
efficiency specifications in the ICC
International Energy Conservation Code,
2004 Supplement Edition, January 2005
(incorporated by reference, see § 435.3).
DOE means U.S. Department of
Energy.
Federal agency means any
department, agency, corporation, or
other entity or instrumentality of the
executive branch of the Federal
Government, including the United
States Postal Service, the Federal
National Mortgage Association, and the
Federal Home Loan Mortgage
Corporation.
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70283
ICC means International Code
Council.
IECC means International Energy
Conservation Code.
Life-cycle cost means the total cost
related to energy conservation measures
of owning, operating and maintaining a
building over its useful life as
determined in accordance with 10 CFR
part 436.
Life-cycle cost-effective means that the
proposed building has a lower life-cycle
cost than the life-cycle costs of the
baseline building, as described by 10
CFR 436.19, or has a positive estimated
net savings, as described by 10 CFR
436.20, or has a savings-to-investment
ratio estimated to be greater than one, as
described by 10 CFR 436.21; or has an
adjusted internal rate of return, as
described by 10 CFR 436.22, that is
estimated to be greater than the discount
rate as listed in OMB Circular Number
A–94 ‘‘Guidelines and Discount Rates
for Benefit-Cost Analysis of Federal
Programs.’’
Low-rise residential building means
any building three stories or less in
height above grade that includes
sleeping accommodations where the
occupants are primarily permanent in
nature (30 days or more).
New Federal building means any
building to be constructed by, or for the
use of, any Federal agency which is not
legally subject to State or local building
codes or similar requirements.
Proposed building means the building
design of a new Federal low-rise
residential building proposed for
construction.
§ 435.3
Material incorporated by reference.
(a) General. DOE incorporates by
reference the energy performance
standard listed in paragraph (b) of this
section into 10 CFR Part 435 subpart A.
The Director of the Federal Register has
approved the material listed in
paragraph (b) of this section for
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR Part 51. Any subsequent
amendment to this material by the
standard-setting organization will not
affect the DOE building energy
performance standard unless and until
DOE amends its building energy
performance standards. DOE
incorporates the material as it exists on
the date specified in the approval and
a notice of any change in the material
will be published in the Federal
Register.
(b) List of standards incorporated by
reference. ICC International Energy
Conservation Code (IECC), 2004
Supplement Edition, January 2005,
E:\FR\FM\04DER1.SGM
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70284
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations
International Code Council, ISBN
7801S04.
(c) Availability of references. The
building energy performance standard
incorporated by reference is available
for inspection at:
(1) National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html
(2) U.S. Department of Energy,
Forrestal Building, Room 1M–048
(Resource Room of the Federal Energy
Management Program), 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
9138, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
(d) Obtaining copies of standards. The
building energy performance standard
incorporated by reference may be
obtained from the following source: the
International Code Council, 4051 West
Flossmoor Road, Country Club Hills, IL
60478–5795, https://www.iccsafe.org/e/
category.html
§ 435.4 Energy efficiency performance
standard.
mstockstill on PROD1PC61 with RULES
(a) All Federal agencies shall design
new Federal low-rise residential
buildings, for which design for
construction began on or after January 3,
2007, to:
(1) Meet ICC International Energy
Conservation Code, 2004 Supplement
Edition, January 2005 (incorporated by
reference, see § 435.3), and
(2) If life-cycle cost-effective, achieve
energy consumption levels, calculated
consistent with paragraph (b) of this
section, that are at least 30 percent
below the levels of the baseline
building.
(b) Energy consumption for the
purposes of calculating the 30 percent
savings shall include space heating,
space cooling, and domestic water
heating.
(c) If a 30 percent reduction is not lifecycle cost-effective, the design of the
proposed building shall be modified so
as to achieve an energy consumption
level at the maximum level of energy
efficiency that is life-cycle costeffective, but at a minimum complies
with paragraph (a) of this section.
§ 435.5
Performance level determination.
Each Federal agency shall determine
energy consumption levels for both the
baseline building and proposed building
by using the Simulated Performance
Alternative found in section 404 of the
VerDate Aug<31>2005
12:11 Dec 01, 2006
Jkt 211001
ICC International Energy Conservation
Code, 2004 Supplement Edition, January
2005 (incorporated by reference, see
§ 435.3).
§ 435.6 Sustainable principles for siting,
design and construction. [Reserved]
§ 435.7 Water used to achieve energy
efficiency. [Reserved]
§ 435.8
Life-cycle costing.
Each Federal agency shall determine
life-cycle cost-effectiveness by using the
procedures set out in subpart A of 10
CFR part 436. A Federal agency may
choose to use any of four methods,
including lower life-cycle costs, positive
net savings, savings-to-investment ratio
that is estimated to be greater than one,
and an adjusted internal rate of return
that is estimated to be greater than the
discount rate as listed in OMB Circular
Number A–94 ‘‘Guidelines and Discount
Rates for Benefit-Cost Analysis of
Federal Programs.’’
Subpart C—Mandatory Energy
Efficiency Standards for Federal
Residential Buildings.
11. Amend § 435.303 to revise the
section heading and paragraphs (a) and
(b) to read as follows:
I
§ 435.303 Requirements for the design of a
Federal residential building.
(a) The head of each Federal agency
responsible for the construction of
Federal residential buildings shall
establish an energy consumption goal
for each residential building to be
designed or constructed by or for the
agency, for which design for
construction began before January 3,
2007.
(b) The energy consumption goal for
a Federal residential building for which
design for construction began before
January 3, 2007, shall be a total point
score derived by using the microcomputer program and user manual
entitled ‘‘Conservation Optimization
Standard for Savings in Federal
Residences (COSTSAFR),’’ unless the
head of the Federal agency shall
establish more stringent requirements
for that agency.
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[FR Doc. E6–20439 Filed 12–1–06; 8:45 am]
BILLING CODE 6450–01–P
8. Amend part 435 to revise the
heading of Subpart C to read as set forth
above.
I 9. Amend § 435.300 to revise
paragraphs (b) and (c) to read as follows:
DEPARTMENT OF TRANSPORTATION
§ 435.300
14 CFR Part 39
I
Purpose.
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(b) Voluntary energy conservation
performance standards prescribed under
this subpart shall be developed solely as
guidelines for the purpose of providing
technical assistance for the design of
energy conserving buildings, and shall
be mandatory only for the Federal
buildings for which design for
construction began before January 3,
2007.
(c) The energy conservation
performance standards will direct
Federal policies and practices to ensure
that cost-effective energy conservation
features will be incorporated into the
designs of all new Federal residential
buildings for which design for
construction began January 3, 2007.
I 10. Amend § 435.301 to revise
paragraph (a) to read as follows:
§ 435.301
Scope.
(a) The energy conservation
performance standards in this subpart
will apply to all Federal residential
buildings for which design of
construction began before January 3,
2007 except multifamily buildings more
than three stories above grade.
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Federal Aviation Administration
[Docket No. FAA–2006–26112; Directorate
Identifier 2006–NE–35–AD; Amendment 39–
14837; AD 2006–24–08]
RIN 2120–AA64
Airworthiness Directives; Pratt &
Whitney Canada (P&WC) PW535A
Turbofan Engines
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as fuel manifold leakage that
could result in engine fire, in-flight
shutdown or damage to the airframe.
This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
December 19, 2006. The Director of the
E:\FR\FM\04DER1.SGM
04DER1
Agencies
[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Rules and Regulations]
[Pages 70275-70284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20439]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Parts 433, 434, and 435
[Docket No. EE-RM/STD-02-112]
RIN 1904-AB13
Energy Conservation Standards for New Federal Commercial and
Multi-Family High-Rise Residential Buildings and New Federal Low-Rise
Residential Buildings
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is publishing this interim
final rule to implement provisions in the Energy Policy Act of 2005
that require DOE to establish revised energy efficiency performance
standards for the construction of all new Federal buildings, including
both commercial and multi-family high-rise residential buildings and
low-rise residential buildings.
DATES: The amendment made by this interim final rule is effective
January 3, 2007. The incorporation by reference of certain publications
in the interim final
[[Page 70276]]
rule is approved by the Director of the Federal Register as of January
3, 2007.
Comment Date: Comments must be received by DOE no later than
February 2, 2007. If you submit information that you believe to be
exempt by law from public disclosure, you should submit one complete
copy, as well as one copy from which the information claimed to be
exempt by law from public disclosure has been deleted. DOE is
responsible for the final determination with regard to disclosure or
nondisclosure of the information and for treating it accordingly under
the DOE Freedom of Information regulations at 10 CFR 1004.11.
ADDRESSES: You may submit comments, identified by any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: cyrus.nasseri@ee.doe.gov. Include EE-RM/STD-02-112
and/or RIN 1904-AB13 in the subject line of the message.
Postal Mail: Mr. Cyrus Nasseri, U.S. Department of Energy,
Federal Energy Management Program, Mailstop EE-2L, Energy Standard for
New Federal Commercial and Multi-Family High-Rise Residential Buildings
and Energy Standards for New Federal Low-Rise Residential Buildings,
EE-RM/STD-02-112 and/or RIN 1904-AB13, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Telephone: (202) 586-9138. Please submit one
signed paper original.
Hand Delivery/Courier: Mr. Cyrus Nasseri, U.S. Department
of Energy, Federal Energy Management Program, Room 1M-048, 1000
Independence Avenue, SW., Washington, DC 20585-0121.
Instructions: All submissions must include the agency name and
docket number or Regulatory Information Number (RIN) for this
rulemaking.
Docket: For access to the docket to read background documents or
comments received by DOE, go to the U.S. Department of Energy,
Forrestal Building, Room 1M-048 (Resource Room of the Federal Energy
Management Program), 1000 Independence Avenue, SW., Washington, DC,
(202) 586-9127, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. Please call Mr. Cyrus Nasseri at the above
telephone number for additional information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Cyrus Nasseri, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Federal
Energy Management Program, EE-2L, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121, (202) 586-9138, e-mail:
cyrus.nasseri@ee.doe.gov, or Stephen P. Walder, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Federal
Energy Management Program, EE-2L, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121, (202) 586-9209, e-mail:
stephen.walder@ee.doe.gov, or Chris Calamita, Esq., U.S. Department of
Energy, Office of the General Counsel, Forrestal Building, GC-72, 1000
Independence Avenue, SW., Washington, DC 20585, (202) 586-9507, e-mail:
Christopher.Calamita@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In this rule, DOE incorporates by reference
into Title 10, Code of Federal Regulations (CFR), Parts 433 and 435,
ANSI/ASHRAE/IESNA Standard 90.1-2004, Energy Standard for Buildings
Except Low-Rise Residential Buildings, January 2004, American Society
of Heating Refrigerating and Air-Conditioning Engineers, Inc., ISSN
1041-2336, and ICC International Energy Conservation Code (IECC), 2004
Supplement Edition, January 2005, International Code Council, ISBN
7801S04.
You can view copies of these standards in the resource room of the
Building Technologies Program, Room IJ-018 at the U.S. Department of
Energy, 1000 Independence Avenue, SW., Washington, DC 20585, between
the hours of 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. Please call Ms. Brenda Edwards-Jones at (202) 586-2945 for
additional information regarding visiting the resource room.
You can purchase copies of ASHRAE Standard 90.1-2004 from ASHRAE
Publication Sales, 1791Tullie Circle, NE, Atlanta, GA 30329, https://
resourcecenter.ashrae.org/store/ashrae/; and copies of the 2004
International Energy Conservation Code, chapters 1-4 from the
International Code Council, Publications, 4051 West Flossmoor Road,
Country Club Hills, IL 60478-5795, https://www.iccsafe.org/e/
category.html.
I. Introduction
II. Discussion of Today's Action
III. Section 109 of the Energy Policy Act of 2005 Requirements Not
Addressed in Today's Rule
IV. Reference Resources
V. Procedural Requirements
VI. Congressional Notification
VII. Approval of the Office of the Secretary
I. Introduction
Section 305 of the Energy Conservation and Production Act (Pub. L.
94-385, ECPA) was amended by Title I of the Energy Policy Act of 1992
(Pub. L. 102-486). Section 305(a)(1) of ECPA requires DOE to establish
building energy efficiency standards for all new Federal buildings. (42
U.S.C. 6834(a)(1).) Section 305(a)(1) requires standards for Federal
buildings that contain energy efficiency measures that are
technologically feasible and economically justified but, at a minimum,
require the subject buildings to meet the energy saving and renewable
energy specifications in the applicable voluntary consensus energy code
specified in section 305(a)(2). (42 U.S.C. 6834(a)(1) and (2).) Until
amended by the Energy Policy Act of 2005 (Pub. L. 109-58), section
305(a)(2) set the minimum or baseline standards as the CABO (Council of
American Building Officials) Model Energy Code, 1992 (for residential
buildings) and ASHRAE (American Society of Heating, Refrigerating, and
Air-Conditioning Engineers) Standard 90.1-1989 (for commercial and
multi-family high rise residential buildings). Section 305(a)(2)(C) of
ECPA requires that DOE consider, in consultation with the Environmental
Protection Agency and other Federal agencies, and where appropriate,
measures regarding radon and other indoor air pollutants.
Section 306(a)(1) of ECPA provides that each Federal agency must
adopt procedures to ensure that new Federal buildings will meet or
exceed the Federal building energy efficiency standards established
under section 305. (42 U.S.C. 6835(a)(1).) Additionally, section
306(a)(2) extends the requirements for new Federal buildings
established under section 305 to buildings under the jurisdiction of
the Architect of the Capitol. (42 U.S.C. 6835(a)(2).) Section 306(b)
bars the head of a Federal agency from expending Federal funds for the
construction of a new Federal building unless the building meets or
exceeds the applicable Federal building energy standards established
under section 305. (42 U.S.C. 6835(b).)
DOE established Federal building standards under ECPA and initially
placed both the commercial and residential standards in Part 435 of
Title 10 of the CFR. In a final rule published on October 6, 2000, DOE
established new energy efficiency standards for new Federal commercial
and multi-family high-rise residential buildings (65 FR 59999). DOE
placed the revised Federal commercial and multi-family high-rise
[[Page 70277]]
residential building standards in a new 10 CFR Part 434, entitled
``Energy Code for New Federal Commercial and Multi-Family High Rise
Residential Buildings.'' The standards for Federal low-rise residential
buildings remain in 10 CFR Part 435.
Section 109 of the Energy Policy Act of 2005 amended section 305 of
ECPA. (42 U.S.C. 6835.) Section 109 replaced the minimum standards
referenced in section 305(a)(2)(A) with references to updated building
codes that are widely used today. For residential buildings, CABO Model
Energy Code, 1992, was replaced with the 2004 International Energy
Conservation Code (IECC). For commercial and multi-family high rise
buildings, ASHRAE Standard 90.1-1989 was replaced with ASHRAE Standard
90.1-2004.
Section 109 of the Energy Policy Act of 2005 also added a new
section 305(a)(3)(A) that requires DOE to, by rule, establish revised
Federal building energy efficiency performance standards not later than
August 8, 2006. (42 U.S.C. 6834(a)(3)(A).) Under the revised standards,
new Federal buildings must be designed to achieve energy consumption
levels that are at least 30 percent below the updated minimum standards
referenced in section 305(a)(2), if life-cycle cost-effective. (42
U.S.C. 6834(a)(3)(A)(i)(I).) Additionally, Federal agencies must apply,
if life-cycle cost-effective, sustainable design principles to the
siting, design, and construction of all new and replacement buildings.
(42 U.S.C. 6834(a)(3)(A)(i)(II).) If water is used to achieve energy
efficiency, water conservation technologies shall be applied to the
extent that such technologies are life-cycle cost-effective. (42 U.S.C.
6834 (a)(3)(A)(ii).)
II. Discussion of Today's Action
DOE is issuing today's action as an interim final rule. Today's
final rule deals solely with the energy efficiency of new Federal
buildings, which are public property. Matters that relate to public
property are excepted from prior notice and comment requirements. (5
U.S.C. 553(a)(2).) Additionally, the explicitness of the direction
provided to DOE for this rule in Section 109 of the Energy Policy Act
of 2005 supports issuance of an interim final rule, as a matter of
policy. The interim final rule incorporates updated versions of ANSI/
ASHRAE/IESNA Standard 90.1-2004, and the IECC standard as directed by
statute. The interim final rule also establishes a requirement for new
Federal buildings to achieve a level of energy efficiency 30 percent
greater than that of the ANSI/ASHRAE/IESNA or IECC levels, as
appropriate, when life-cycle cost-effective, again as directed by the
statute. DOE also decided that the interim final rule approach offered
the best opportunity to achieve the goals of Section 109 of the Energy
Policy Act of 2005 as soon as possible.
This interim final rule incorporates by reference ANSI/ASHRAE/IESNA
Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise
Residential Buildings, and the 2004 International Energy Conservation
Code as prescribed by Congress in section 109 of the Energy Policy Act
of 2005, into 10 CFR Parts 433 and 435, respectively. Under today's
interim final rule, new Federal commercial and multi-family high-rise
residential buildings, for which design for construction begins on or
after the effective date of today's interim final rule, must be
designed to comply with the ASHRAE standard. New Federal low-rise
residential buildings, for which design for construction begins on or
after the effective date of today's interim final rule, must be
designed to comply with the IECC standard.
In addition to complying with the appropriate incorporated
standard, a new Federal building must also be designed to achieve an
energy consumption level that is at least 30 percent below the level
achieved under that standard, if life-cycle cost-effective. Congress
expressly specified a minimum performance requirement of a 30 percent
improvement, if life-cycle cost effective. Although the statute
requires DOE to establish performance standards that are ``at least''
30 percent below the levels in the incorporated ASHRAE and IECC
standards, the standards that DOE establishes today do not require
Federal agencies to consider the life-cycle cost effectiveness of
improvements beyond the 30 percent level.
It is DOE's view that had Congress sought to require improvements
at a maximum level of life-cycle cost effectiveness, it would have
mandated designs to achieve that level and would not have specified the
30 percent minimum. Moreover, absent some direction in the statute, DOE
is unable to specify in today's rule an energy consumption level that
is greater than 30 percent below the levels achieved under the
incorporated standards, but less than the maximum level that would be
cost effective. However, as indicated by the words ``at least,''
Federal agencies are not precluded from designing buildings to achieve
greater improvements, and DOE encourages agencies to design new Federal
buildings to achieve lower energy consumption levels if life-cycle cost
effective.
Further, the experiences of ASHRAE (with the development of their
Advanced Energy Design Guides for small office and small retail
buildings) and the New Buildings Institute's (NBI) Advanced Buildings
program indicate that a savings 30 percent beyond that achieved through
the incorporated standards is achievable in most building types with
measures that are relatively ``standard;'' i.e., with measures that are
widely available and with which the general industry is familiar. The
30-percent requirement should not necessitate consideration of measures
that are limited in availability or with which the general industry is
unfamiliar.
If the additional 30 percent savings is not life-cycle cost-
effective, an agency must evaluate the cost-effectiveness of
alternative designs at successive decrements below 30 percent (e.g., 25
percent, 20 percent, etc.) in order to identify the most energy-
efficient design that is life-cycle cost-effective for that building.
However, the building must remain compliant with the ANSI/ASHRAE/IESNA
Standard 90.1-2004, or IECC standard, as applicable. By requiring
consideration of the life-cycle cost effectiveness of improvements if a
30 percent improvement is not life-cycle cost effective, today's final
rule ensures that all readily available energy saving measures are
considered.
Today's rule also specifies that the methodology defined in 10 CFR
part 436, subpart A, be used to establish the life-cycle cost-
effectiveness of design measures used to achieve energy consumption
levels below the criteria found in the minimum level standards
described above. This is done to be consistent with Executive Order
13123, which requires Federal agencies to use this methodology in the
design of new Federal buildings, and to respond to the requirements in
the Energy Policy Act of 2005 that requirements of the new standards be
life-cycle cost-effective. Federal agencies may choose to use one of
four methods listed in 10 CFR part 436 to demonstrate life-cycle cost-
effectiveness. These methods include lower life-cycle costs, positive
net savings, savings-to-investment ratio that is estimated to be
greater than one, and an adjusted internal rate of return that is
estimated to be greater than the discount rate as listed in OMB
Circular Number A-94 ``Guidelines and Discount Rates for Benefit-Cost
Analysis of Federal Programs.''
In applying this methodology to analysis of new Federal buildings,
agencies must estimate the life-cycle
[[Page 70278]]
costs and energy consumption of the planned building as designed and an
otherwise identical building just meeting the minimum criteria set
forth in the applicable baseline ASHRAE or IECC standard. The agencies
must try to find a design that reduces energy consumption by a total of
30 percent or more without increasing the planned building's expected
life-cycle cost. DOE intends to provide additional guidance and tools
to assist Federal agencies in meeting these new building design
requirements.
Today's rule does not take a prescriptive approach as to how the 30
percent reduction is to be obtained. The baseline standards contain a
limited set of mandatory requirements, such as sealing leaks in the
building envelope and air duct systems. Beyond this, there are no
restrictions on how the Federal agency achieves cost-effective energy
savings. DOE believes that Federal agencies should be given the
flexibility necessary to determine the most effective ways to achieve
energy savings above that of the incorporated standards, rather than
relying on prescriptive requirements that may not be appropriate in all
cases.
Today's interim final rule is effective beginning 30 days following
Federal Register publication. All new Federal buildings for which
design for construction begins on or after that date must comply with
the requirements established in this rule. All new Federal buildings
for which design for construction has begun prior to that date must
comply with the requirements in 10 CFR part 434 or subpart C of part
435, as applicable.
DOE is accepting comments on this interim final rule. The interim
final rule will take effect on the date listed above in the DATES
heading, and will become part of the CFR. Following close of the
comment period, DOE will issue a notice of final rulemaking. If no
comments are received, the notice of final rulemaking will adopt as
final the interim final rule without change. If comments are received,
DOE will respond to issues raised by the comments in the notice of
final rulemaking, and either adopt as final the interim final rule
without change, or adopt the final rule with change in response to
comments.
III. Section 109 of the Energy Policy Act of 2005 Requirements Not
Addressed in Today's Rule
Today's rule does not address the requirement that, if life-cycle
cost-effective for new Federal buildings, agencies must apply
sustainable design principles to the siting, design, and construction
of all new and replacement buildings. Today's rule also does not
address the requirement that ``if water is used to achieve energy
efficiency, the revised standards also must require water conservation
technologies to be applied to the extent that such technologies are
life-cycle cost-effective.'' Finally, today's rule does not consider
measures with regard to radon and other indoor air pollutants. (42
U.S.C. 6834 (a)(3)(A)(ii)) The developmental process for addressing
these complicated issues will take more time and DOE will issue a
rulemaking notice containing provisions on these subjects at a later
date. DOE is proceeding with the implementation of only the energy
efficiency element from the directives of section 305(a) of the Energy
Policy Act of 2005 in this interim final rule so that energy efficiency
in Federal buildings can be improved as soon as possible.
IV. Reference Resources
The Department has prepared a list of resources to help Federal
agencies achieve building energy efficiency levels of at least 30
percent below that of ASHRAE Standard 90.1-2004 or the 2004 IECC. These
resources come in many forms--design guidance, case studies and in a
variety of media--in printed document or on Web site. Resources are
provided in three categories--for all buildings, specifically for
commercial and high-rise multi-family residential buildings, and
specifically for low-rise residential buildings.
Resources for All Buildings
Energy Efficient Products--U.S. DOE Federal Energy Management Program
and U.S. Environmental Protection Agency (EPA) ENERGY STAR Program
https://www.eere.energy.gov/femp/procurement/ and https://
www.energystar.gov/products
Federal agencies are required by the Energy Policy Act of 2005 to
specify FEMP-designated or ENERGY STAR equipment, including building
mechanical and lighting equipment and builder-supplied appliances, for
purchase and installation in all new construction. This equipment is
generally more efficient than the corresponding requirements of ASHRAE
Standard 90.1-2004 and the 2004 IECC, and may be used to achieve part
of the savings required of Federal building designs. (Today's rule does
not specifically address the use of this equipment, but the Web site is
listed for the convenience of the agencies and to point out that this
is a very useful resource for achieving part of the energy savings
required by the rule.)
Life-Cycle Cost Analysis--U.S. DOE Federal Energy Management Program
https://www.access.gpo.gov/nara/cfr/waisidx_04/10cfr436_
04.html
The life-cycle cost analysis rules promulgated in 10 CFR Part 436
Subpart A, Methodology and Procedures for Life Cycle Cost Analysis,
conform to requirements in the Federal Energy Management Improvement
Act of 1988 and subsequent energy conservation legislation, as well as
Executive Order 13123, Greening the Government through Efficient Energy
Management. The life-cycle cost guidance and required discount rates
and energy price projections are determined annually by FEMP and the
Energy Information Administration, and published in the Annual
Supplement to The National Institute of Science and Technology Handbook
135: ``Energy Price Indices and Discount Factors for Life-Cycle Cost
Analysis.''
https://www.eere.energy.gov/femp/pdfs/ashb06.pdf. FEMP also
provides guidance on the LCC requirements of Executive Order 13123 at
https://www1.eere.energy.gov/femp/program/lifecycle.html and
https://www1.eere.energy.gov/femp/information/download_
blcc.html.
ENERGY STAR Buildings--The U.S. Environmental Protection Agency and
U.S. Department of Energy
https://www.energystar.gov/index.cfm?c=bldrs_lenders_
raters.homes--guidelns09 (homes) and https://www.energystar.gov/
index.cfm?c=new_bldg_design.bus--target--finder
(non-residential buildings)
ENERGY STAR is a Government-backed program helping businesses and
individuals protect the environment through superior energy efficiency.
The EPA specifications for ENERGY STAR-labeled homes, effective as of
the date of this rule, provide a useful prescriptive guide for meeting
the Federal energy efficiency standard for low-rise residential
buildings. The benchmarking tool and other information at the ENERGY
STAR TargetFinder Web site can be useful in determining an annual
energy target for the building design and computer simulations,
evaluating cost-effectiveness of efficiency measures, and tracking the
building's actual energy performance after construction.
[[Page 70279]]
High Performance Buildings--U.S. DOE Building Technologies Program
https://www.eere.energy.gov/buildings/highperformance/
A collection of design approaches, tools, technologies and case
studies focused on high performance buildings that achieve savings of
30 percent to 50 percent better than generally accepted good practice.
Building Energy Software Tools--U.S. DOE Building Technologies Program
https://www.eere.energy.gov/buildings/tools_directory/
This directory provides information on building software tools for
evaluation energy efficiency, renewable energy, and sustainability in
buildings.
Resources for Commercial and High-Rise Multi-Family Residential
Buildings
ASHRAE Standard 90.1-2004--ASHRAE
https://www.ashrae.org (search for Standard 90.1-2004) or
https://resourcecenter.ashrae.org/store/ashrae/
newstore.cgi?itemid=27679&view=item&page=1&loginid=6683225
&words=Standard%2090.1-2004&method=and&
The Minimum Energy Performance Standard for commercial and high-
rise multi-family buildings is ANSI/ASHRAE/IESNA Standard 90.1-
2004. This link also contains a link to a read-only version of Standard
90.1-2004.
Whole Building Design Guide--National Institute of Building Sciences
https://www.wbdg.org
A portal providing one-stop access to up-to-date information on a
wide range of building-related guidance, criteria and technology from a
`whole buildings' perspective.
Advanced Energy Design Guide--ASHRAE
https://www.ashrae.org (search for Advanced Energy Design Guide) or
https://resourcecenter.ashrae.org/store/ashrae/
newstore.cgi?itemid=23307&view=item&p
age=1&loginid=6683251&words=Advanced%20Energy[fxsp0
]%20Design%20Guide&method=and&
A set of design guides for users who wish to go beyond Standard
90.1, targeted at 30 percent better than ASHRAE Standard 90.1-1999
(which translates to about 25 percent better than ASHRAE standard 90.1-
2004).
Advanced BuildingsTM E-BenchmarkTM--New Buildings
Institute
https://www.poweryourdesign.com
A set of guidelines for the design, construction, and operation of
new and renovated nonresidential buildings targeted at 30 percent
better than ASHRAE Standard 90.1-1999 (which translates to about 25
percent better than ASHRAE Standard 90.1-2004).
Labs for the 21st Century--U.S. EPA and U.S. DOE
https://www.labs21century.gov/
A Web site focused on improving the energy efficiency and
environmental performance of laboratory space. This site includes
training and educational resources and design tools focused on
laboratories.
Leadership in Energy and Environmental Design (LEED)--U.S. Green
Building Council (USGBC)
https://www.usgbc.org/DisplayPage.aspx?CategoryID=19
The LEED Green Building Rating System[supreg] is a voluntary,
consensus-based national standard for developing high-performance,
sustainable buildings. USGBC members, representing every sector of the
building industry, developed and continue to refine LEED.
Resources for Low-Rise Residential Buildings
2004 Supplement to the 2003 IECC--ICC
https://www.iccsafe.org (search for 2004 IECC) or https://
www.iccsafe.org/dyn/prod/7801S04.html
The Minimum Energy Performance Standard for low-rise residential
buildings is the International Code Council (ICC) 2004 IECC Supplement.
Residential Energy Services Network (RESNET)
https://www.natresnet.org/programs/software/directory.htm
RESNET is responsible for home energy rating systems used for
energy efficient mortgages. RESNET activities include adopting
standards that set the national procedures for home energy ratings and
procedures for certifying raters. Since the home energy ratings utilize
the 2004 IECC as the baseline, RESNET accredited software programs may
be appropriate for calculating energy consumption to determine
compliance with this rule.
Building America--U.S. Department of Energy
https://www.eere.energy.gov/buildings/building_america/
Building America is a private/public partnership that develops
energy solutions for new and existing homes. The Building America
project combines the knowledge and resources of industry leaders with
DOE's technical capabilities. Together, they act as a catalyst for
change in the home-building industry.
Energy & Environmental Building Association (EEBA)
https://www.eeba.org/
EEBA's mission is to provide education and resources to transform
the residential design, development and construction industries to
profitably deliver energy efficient and environmentally responsible
buildings and communities.
The Partnership for Advancing Technology in Housing (PATH)--U.S.
Department of Housing and Urban Development
https://www.pathnet.org/sp.asp?mc=about_path
PATH is dedicated to accelerating the development and use of
technologies that radically improve the quality, durability, energy
efficiency, environmental performance, and affordability of America's
housing. PATH is a voluntary partnership between leaders of the
homebuilding, product manufacturing, insurance, and financial
industries and representatives of Federal agencies concerned with
housing.
V. Procedural Requirements
A. Review under Executive Order 12866, ``Regulatory Planning and
Review''
Today's interim final rule is a ``significant regulatory action''
under section 3(f)(1) of Executive Order 12866, ``Regulatory Planning
and Review.'' 58 FR 51735 (October 4, 1993). Accordingly, today's
action was subject to review by the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB). OMB
has completed its review.
B. Review under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, Proper Consideration of Small Entities in
Agency Rulemaking, 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19,
[[Page 70280]]
2003, to ensure that the potential impacts of its rules on small
entities are properly considered during the rulemaking process. 68 FR
7990. The Department has made its procedures and policies available on
the Office of General Counsel's Web site: https://www.gc.doe.gov.
Today's rule on energy efficiency performance standards for the
design and construction of new Federal buildings is not subject to any
legal requirement to publish a general notice of proposed rulemaking.
Therefore, the Regulatory Flexibility Act does not apply.
C. Review Under the Paperwork Reduction Act of 1995
This rulemaking will impose no new information or record keeping
requirements. Accordingly, Office of Management and Budget (OMB)
clearance is not required under the Paperwork Reduction Act. (44 U.S.C.
3501 et seq.)
D. Review Under the National Environmental Policy Act of 1969
The Department prepared an Environmental Assessment (EA) (DOE/EA-
1463) entitled, Draft Environmental Assessment for Interim Final Rule,
10 CFR Part 433, ``Energy Efficiency Standards for New Federal
Commercial and Multi-Family High-Rise Residential Buildings,'' and 10
CFR Part 435, ``Energy Efficiency Standards for New Federal Low-Rise
Residential Buildings,'' pursuant to the Council on Environmental
Quality's (CEQ) Regulations for Implementing the Procedural Provisions
of the National Environmental Policy Act (40 CFR Parts 1500-1508), the
National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C.
4321 et seq.), and DOE's NEPA Implementing Procedures (10 CFR Part
1021).
The EA addresses the possible environmental effects attributable to
the implementation of the interim final rule. The only impact would be
a decrease in outdoor air pollutants resulting from decreased fossil
fuel burning for energy use in Federal buildings.
To identify the potential environmental impacts that may result
from implementing the interim final rule on new Federal commercial
buildings, DOE compared the interim final rule with a ``no-action
alternative'' of using the current Federal standards--10 CFR Part 434
and 10 CFR Part 435. DOE also compared the interim final rule to the
prevailing national voluntary building energy codes, which also are the
minimum requirements for the interim final rule. For commercial and
high-rise multi-family residential buildings, the American National
Standards Institute (ANSI)/American Society of Heating, Refrigerating
and Air-Conditioning Engineers, Inc. (ASHRAE)/Illuminating Engineering
Society of North America (IESNA) ASHRAE/IESNA Standard 90.1-2004
(ASHRAE 2004) is the minimum requirement for the DOE preferred
alternative. For low-rise residential buildings, the International Code
Council (ICC) International Energy Conservation Code (IECC) 2004
Supplement Edition (ICC 2004) is the minimum requirement for the DOE
preferred alternative. For the purpose of this environmental
assessment, DOE also investigated the impact of buildings achieving
energy consumption below Standard 90.1-2004 or the 2004 IECC in
increments of 10 percent, up to 50 percent.
For low-rise residential buildings, the Federal government is
estimated to construct about 2000 housing units annually that would be
subject to this rule. Avoided carbon dioxide emissions are estimated at
763 metric tons of carbon in the first year the interim final rule is
in effect, if 30 percent savings in energy consumption over the 2004
IECC are achieved. Avoided nitrogen oxide and sulfur dioxide emissions
are estimated to be each 4 tons in the first year the rule is in
effect.
For commercial and high-rise multi-family residential buildings,
the Federal government is estimated to construct 28 million square feet
of Federal commercial buildings annually. Federal high-rise residential
buildings are rare. Assuming a 30 percent savings in energy consumption
over 90.1-2004, avoided carbon dioxide emissions (relative to the
existing 10 CFR Part 434) are estimated at 35,800 metric tons of carbon
in the first year the interim final rule is in effect, with the savings
compounding in future years as more and more Federal construction
occurs. Avoided nitrogen oxide emissions are estimated to be 317 tons
in the first year the rule is in effect, while the avoided sulfur
dioxide emissions are estimated at 625 tons.
Copies of the EA are available for review at https://
www.eere.energy.gov/femp/about/legislation.html, or by
contacting Cyrus Nasseri, Office of Federal Energy Management, Mail
Station, EE-2L, 1000 Independence Avenue, 20585-0121, (202) 586-9138.
Comments on the EA may be submitted to DOE at this address by the
comment date noted above under the DATES heading. DOE will consider all
comments received before approving or modifying the EA, as appropriate.
E. Review Under Executive Order 13132, ``Federalism''
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. (65 FR 13735). DOE examined this rule
and determined that it does not preempt State law and does not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of Government. No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988, ``Civil Justice Reform''
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct, rather than a general standard and
promote simplification and burden reduction. Section 3(b) of Executive
Order 12988 specifically requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct, while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to
[[Page 70281]]
review regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOE has completed the required review and
determined that, to the extent permitted by law; this rule meets the
relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4) requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and tribal governments and the
private sector. For a proposed regulatory action likely to result in a
rule that may cause the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector of $100 million
or more in any one year (adjusted annually for inflation), section 202
of UMRA requires a Federal agency to publish a written statement that
estimates the resulting costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a) and (b)) The UMRA also requires a
Federal agency to develop an effective process to permit timely input
by elected officers of State, local, and tribal governments on a
proposed ``significant intergovernmental mandate,'' and requires an
agency plan for giving notice and opportunity for timely input to
potentially affected small governments before establishing any
requirements that might significantly or uniquely affect small
governments. On March 18, 1997, DOE published a statement of policy on
its process for intergovernmental consultation under UMRA (62 FR 12820)
(also available at https://www.gc.doe.gov). This interim final rule
contains neither an intergovernmental mandate nor a mandate that may
result in the expenditure of $100 million or more in any year, so these
requirements under the Unfunded Mandates Reform Act do not apply.
H. 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. This interim final rule 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.
I. Review Under Executive Order 12630, ``Governmental Actions and
Interference With Constitutionally Protected Property Rights''
The Department has determined, under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights,'' 53 FR 8859 (March 18, 1988), that this rule would
not result in any takings which might require compensation under the
Fifth Amendment to the United States Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
DOE has reviewed today's interim final rule under the OMB and DOE
guidelines and has concluded that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use''
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, 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 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.
This interim final rule would not have a significant adverse effect on
the supply, distribution, or use of energy and, therefore, is not a
significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
VI. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
VII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's interim
final rule.
List of Subjects in 10 CFR Parts 433, 434, and 435
Buildings, Energy conservation, Engineers, Federal buildings and
facilities, Housing, Incorporation by reference.
Issued in Washington, DC, on November 22, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
0
For the reasons set forth in the preamble, DOE amends chapter II of
title 10 of the Code of Federal Regulations as set forth below:
0
1. Part 433 is added to read as follows:
PART 433--ENERGY EFFICIENCY STANDARDS FOR THE DESIGN AND
CONSTRUCTION OF NEW FEDERAL COMMERCIAL AND MULTI-FAMILY HIGH-RISE
RESIDENTIAL BUILDINGS
Sec.
433.1 Purpose and scope.
433.2 Definitions.
433.3 Materials incorporated by reference.
433.4 Energy efficiency performance standard.
433.5 Performance level determination.
433.6 Sustainable principles for siting, design and construction.
[Reserved]
433.7 Water used to achieve energy efficiency. [Reserved]
433.8 Life-cycle costing.
Authority: 42 U.S.C. 6831-6832, 6834-6835; 42 U.S.C. 7101 et
seq.
Sec. 433.1 Purpose and scope.
This part establishes an energy efficiency performance standard for
the new Federal commercial and multi-family high-rise buildings, for
which design for construction began on or after January 3, 2007, as
required by section 305(a) of the Energy Conservation and Production
Act, as amended (42 U.S.C. 6834(a)).
[[Page 70282]]
Sec. 433.2 Definitions.
For purposes of this part, the following terms, phrases and words
are defined as follows:
ANSI means the American National Standards Institute.
ASHRAE means the American Society of Heating, Refrigerating and
Air-Conditioning Engineers.
Baseline building means a building that is otherwise identical to
the proposed building but is designed to meet but not exceed the energy
efficiency specifications of ANSI/ASHRAE/IESNA Standard 90.1-2004,
Energy Standard for Buildings Except Low-Rise Residential Buildings,
January 2004 (incorporated by reference, see Sec. 433.3).
Commercial and multi-family high-rise residential building means
all buildings other than low-rise residential buildings.
DOE means the U.S. Department of Energy.
Federal agency means any department, agency, corporation, or other
entity or instrumentality of the executive branch of the Federal
Government, including the United States Postal Service, the Federal
National Mortgage Association, and the Federal Home Loan Mortgage
Corporation.
IESNA means Illuminating Engineering Society of North America.
Life-cycle cost means the total cost related to energy conservation
measures of owning, operating and maintaining a building over its
useful life as determined in accordance with 10 CFR part 436.
Life-cycle cost-effective means that the proposed building has a
lower life-cycle cost than the life-cycle costs of the baseline
building, as described by 10 CFR 436.19, or has a positive estimated
net savings, as described by 10 CFR 436.20; or has a savings-to-
investment ratio estimated to be greater than one, as described by 10
CFR 436.21; or has an adjusted internal rate of return, as described by
10 CFR 436.22, that is estimated to be greater than the discount rate
as listed in OMB Circular Number A-94 (Guidelines and Discount Rates
for Benefit-Cost Analysis of Federal Programs.''
Low-rise residential building means any building three stories or
less in height above grade that includes sleeping accommodations where
the occupants are primarily permanent in nature (30 days or more).
New Federal building means any building to be constructed by, or
for the use of, any Federal agency which is not legally subject to
State or local building codes or similar requirements.
Proposed building means the building design of a new Federal
commercial and multi-family high-rise building proposed for
construction.
Sec. 433.3 Materials incorporated by reference.
(a) General. DOE incorporates by reference the energy performance
standard listed in paragraph (b) of this section into 10 CFR part 433.
The Director of the Federal Register has approved the material listed
in paragraph (b) of this section for incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent
amendment to this material by the standard-setting organization will
not affect the DOE building energy performance standard unless and
until DOE amends its building energy performance standards. DOE
incorporates the material as it exists on the date specified in the
approval and a notice of any change in the material will be published
in the Federal Register.
(b) List of standards incorporated by reference. ANSI/ASHRAE/IESNA
Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise
Residential Buildings, January 2004, American Society of Heating
Refrigerating and Air-Conditioning Engineers, Inc., ISSN 1041-2336.
(c) Availability of references. The building energy performance
standard incorporated by reference is available for inspection at:
(1) National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: https://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html
(2) U.S. Department of Energy, Forrestal Building, Room 1M-048
(Resource Room of the Federal Energy Management Program), 1000
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9138,
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
(d) Obtaining copies of standards. The building energy performance
standard incorporated by reference may be obtained from the American
Society of Heating Refrigerating and Air-Conditioning Engineers, 1791
Tullie Circle, NE., Atlanta, GA, 30329, https://
resourcecenter.ashrae.org/store/ashrae/.
Sec. 433.4 Energy efficiency performance standard.
(a) All Federal agencies shall design new Federal commercial and
multi-family high-rise residential buildings, for which design for
construction began on or after January 3, 2007, to:
(1) Meet ANSI/ASHRAE/IESNA Standard 90.1-2004, Energy Standard for
Buildings Except Low-Rise Residential Buildings, January 2004
(incorporated by reference, see 433.3); and
(2) If life-cycle cost-effective, achieve energy consumption
levels, calculated consistent with paragraph (b) of this section, that
are at least 30 percent below the levels of the baseline building.
(b) Energy consumption for the purposes of calculating the 30
percent savings shall include space heating, space cooling,
ventilation, service water heating, lighting and all other energy
consuming systems normally specified as part of the building design
except for receptacle and process loads.
(c) If a 30 percent reduction is not life-cycle cost-effective, the
design of the proposed building shall be modified so as to achieve an
energy consumption level at the maximum level of energy efficiency that
is life-cycle cost-effective, but at a minimum complies with paragraph
(a) of this section.
Sec. 433.5 Performance level determination.
(a) Each Federal agency shall determine energy consumption levels
for both the baseline building and proposed building by using the
Performance Rating Method found in Appendix G of ANSI/ASHRAE/IESNA
Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise
Residential Buildings, January 2004 (incorporated by reference, see (
433.3), except the formula for calculating the Performance Rating in
paragraph G1.2 shall read as follows:
Percentage improvement = 100 x (Baseline building consumption--
Proposed building consumption)/ (Baseline building consumption--
Receptacle and process loads).
(b) Each Federal agency shall consider laboratory fume hoods and
kitchen ventilation systems as part of the ASHRAE-covered HVAC loads
subject to the 30 percent savings requirements, rather than as process
loads.
[[Page 70283]]
Sec. 433.6 Sustainable principles for siting, design and
construction. [Reserved]
Sec. 433.7 Water used to achieve energy efficiency. [Reserved]
Sec. 433.8 Life-cycle costing.
Each Federal agency shall determine life-cycle cost-effectiveness
by using the procedures set out in subpart A of part 436. A Federal
agency may choose to use any of four methods, including lower life-
cycle costs, positive net savings, savings-to-investment ratio that is
estimated to be greater than one, and an adjusted internal rate of
return that is estimated to be greater than the discount rate as listed
in OMB Circular Number A-94 ``Guidelines and Discount Rates for
Benefit-Cost Analysis of Federal Programs.''
PART 434--ENERGY CODE FOR NEW FEDERAL COMMERCIAL AND MULTI-FAMILY
HIGH RISE RESIDENTIAL BUILDINGS
0
2. Amend part 434 by revising the part heading to read as set forth
above.
0
3. The authority citation for part 434 continues to read as follows:
Authority: 42 U.S.C. 6831-6832, 6834-6836; 42 U.S.C. 8253-54; 42
U.S.C. 7101, et seq.
0
4. Section 434.100 is revised to read as follows:
Sec. 434.100 Purpose.
The provisions of this part provide minimum standards for energy
efficiency for the design of new Federal commercial and multi-family
high rise residential buildings, for which design for construction
began before January 3, 2007. The performance standards are designed to
achieve the maximum practicable improvements in energy efficiency and
increases in the use of non-depletable sources of energy. This rule is
based upon the ASHRAE/IESNA Standard 90.1-1989 and addenda b, c, d, e,
f, g, and i. (This document is available from the American Society of
Heating, Refrigerating and Air-Conditioning Engineers, Inc., 1791
Tullie Circle NE, Atlanta, GA.) It is not incorporated by reference in
this document, but is mentioned for informational purposes only.
0
5. In Sec. 434.101, revise paragraph 101.1 to read as follows:
Sec. 434.100 Scope.
101.1 This part provides design requirements for the building
envelope, electrical distribution systems and equipment for electric
power, lighting, heating, ventilating, air conditioning, service water
heating and energy management. It applies to new Federal multi-family
high rise residential buildings and new Federal commercial buildings,
for which design for construction began before January 3, 2007.
* * * * *
PART 435--ENERGY EFFICIENCY STANDARDS FOR NEW FEDERAL LOW-RISE
RESIDENTIAL BUILDINGS
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6. The authority citation for part 435 continues to read as follows:
Authority: 42 U.S.C. 6831-6832, 6834-6835; 42 U.S.C. 8253-54; 42
U.S.C. 7101 et seq.
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7. Amend part 435 to add Subpart A to read as follows:
Subpart A--Mandatory Energy Efficiency Standards for Federal Low-
Rise Residential Buildings.
Sec.
435.1 Purpose and scope.
435.2 Definitions.
435.3 Material incorporated by reference.
435.4 Energy efficiency performance standard.
435.5 Performance level determination.
435.6 Sustainable principles for siting, design and construction.
[Reserved]
435.7 Water used to achieve energy efficiency. [Reserved]
435.8 Life-cycle costing.
Sec. 435.1 Purpose and scope.
This part establishes energy efficiency performance standard for
the construction of new Federal low-rise residential buildings as
required by section 305(a) of the Energy Conservation and Production
Act, as amended (42 U.S.C. 6834(a)).
Sec. 435.2 Definitions.
For purposes of this part, the following terms, phrases and words
shall be defined as follows:
Baseline building means a new Federal low-rise residential building
that is otherwise identical to the proposed building but is designed to
meet but not exceed the energy efficiency specifications in the ICC
International Energy Conservation Code, 2004 Supplement Edition,
January 2005 (incorporated by reference, see Sec. 435.3).
DOE means U.S. Department of Energy.
Federal agency means any department, agency, corporation, or other
entity or instrumentality of the executive branch of the Federal
Government, including the United States Postal Service, the Federal
National Mortgage Association, and the Federal Home Loan Mortgage
Corporation.
ICC means International Code Council.
IECC means International Energy Conservation Code.
Life-cycle cost means the total cost related to energy conservation
measures of owning, operating and maintaining a building over its
useful life as determined in accordance with 10 CFR part 436.
Life-cycle cost-effective means that the proposed building has a
lower life-cycle cost than the life-cycle costs of the baseline
building, as described by 10 CFR 436.19, or has a positive estimated
net savings, as described by 10 CFR 436.20, or has a savings-to-
investment ratio estimated to be greater than one, as described by 10
CFR 436.21; or has an adjusted internal rate of return, as described by
10 CFR 436.22, that is estimated to be greater than the discount rate
as listed in OMB Circular Number A-94 ``Guidelines and Discount Rates
for Benefit-Cost Analysis of Federal Programs.''
Low-rise residential building means any building three stories or
less in height above grade that includes sleeping accommodations where
the occupants are primarily permanent in nature (30 days or more).
New Federal building means any building to be constructed by, or
for the use of, any Federal agency which is not legally subject to
State or local building codes or similar requirements.
Proposed building means the building design of a new Federal low-
rise residential building proposed for construction.
Sec. 435.3 Material incorporated by reference.
(a) General. DOE incorporates by reference the energy performance
standard listed in paragraph (b) of this section into 10 CFR Part 435
subpart A. The Director of the Federal Register has approved the
material listed in paragraph (b) of this section for incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Any
subsequent amendment to this material by the standard-setting
organization will not affect the DOE building energy performance
standard unless and until DOE amends its building energy performance
standards. DOE incorporates the material as it exists on the date
specified in the approval and a notice of any change in the material
will be published in the Federal Register.
(b) List of standards incorporated by reference. ICC International
Energy Conservation Code (IECC), 2004 Supplement Edition, January 2005,
[[Page 70284]]
International Code Council, ISBN 7801S04.
(c) Availability of references. The building energy performance
standard incorporated by reference is available for inspection at:
(1) National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: https://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html
(2) U.S. Department of Energy, Forrestal Building, Room 1M-048
(Resource Room of the Federal Energy Management Program), 1000
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9138,
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
(d) Obtaining copies of standards. The building energy performance
standard incorporated by reference may be obtained from the following
source: the International Code Council, 4051 West Flossmoor Road,
Country Club Hills, IL 60478-5795, https://www.iccsafe.org/e/
category.html
Sec. 435.4 Energy efficiency performance standard.
(a) All Federal agencies shall design new Federal low-rise
residential buildings, for which design for construction began on or
after January 3, 2007, to:
(1) Meet ICC International Energy Conservation Code, 2004
Supplement Edition, January 2005 (incorporated by reference, see Sec.
435.3), and
(2) If life-cycle cost-effective, achieve energy consumption
levels, calculated consistent with paragraph (b) of this section, that
are at least 30 percent below the levels of the baseline building.
(b) Energy consumption for the purposes of calculating the 30
percent savings shall include space heating, space cooling, and
domestic water heating.
(c) If a 30 percent reduction is not life-cycle cost-effective, the
design of the proposed building shall be modified so as to achieve an
energy consumption level at the maximum level of energy efficiency that
is life-cycle cost-effective, but at a minimum complies with paragraph
(a) of this section.
Sec. 435.5 Performance level determination.
Each Federal agency shall determine energy consumption levels for
both the baseline building and proposed building by using the Simulated
Performance Alternative found in section 404 of the ICC International
Energy Conservation Code, 2004 Supplement Edition, January 2005
(incorporated by reference, see Sec. 435.3).
Sec. 435.6 Sustainable principles for siting, design and
construction. [Reserved]
Sec. 435.7 Water used to achieve energy efficiency. [Reserved]
Sec. 435.8 Life-cycle costing.
Each Federal agency shall determine life-cycle cost-effectiveness
by using the procedures set out in subpart A of 10 CFR part 436. A
Federal agency may choose to use any of four methods, including lower
life-cycle costs, positive net savings, savings-to-investment ratio
that is estimated to be greater than one, and an adjusted internal rate
of return that is estimated to be greater than the discount rate as
listed in OMB Circular Number A-94 ``Guidelines and Discount Rates for
Benefit-Cost Analysis of Federal Programs.''
Subpart C--Mandatory Energy Efficiency Standards for Federal
Residential Buildings.
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8. Amend part 435 to revise the heading of Subpart C to read as set
forth above.
0
9. Amend Sec. 435.300 to revise paragraphs (b) and (c) to read as
follows:
Sec. 435.300 Purpose.
* * * * *
(b) Voluntary energy conservation performance standards prescribed
under this subpart shall be developed solely as guidelines for the
purpose of providing technical assistance for the design of energy
conserving buildings, and shall be mandatory only for the Federal
buildings for which design for construction began before January 3,
2007.
(c) The energy conservation performance standards will direct
Federal policies and practices to ensure that cost-effective energy
conservation features will be incorporated into the designs of all new
Federal residential buildings for which design for construction began
January 3, 2007.
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10. Amend Sec. 435.301 to revise paragraph (a) to read as follows:
Sec. 435.301 Scope.
(a) The energy conservation performance standards in this subpart
will apply to all Federal residential buildings for which design of
construction began before January 3, 2007 except multifamily buildings
more than three stories above grade.
* * * * *
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11. Amend Sec. 435.303 to revise the section heading and paragraphs
(a) and (b) to read as follows:
Sec. 435.303 Requirements for the design of a Federal residential
building.
(a) The head of each Federal agency responsible for the
construction of Federal residential buildings shall establish an energy
consumption goal for each residential building to be designed or
constructed by or for the agency, for which design for construction
began before January 3, 2007.
(b) The energy consumption goal for a Federal residential building
for which design for construction began before January 3, 2007, shall
be a total point score derived by using the micro-computer program and
user manual entitled ``Conservation Optimization Standard for Savings
in Federal Residences (COSTSAFR),'' unless the head of the Federal
agency shall establish more stringent requirements for that agency.
* * * * *
[FR Doc. E6-20439 Filed 12-1-06; 8:45 am]
BILLING CODE 6450-01-P