Preliminary Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2013: Energy Standard for Buildings, Except Low-Rise Residential Buildings, 27778-27795 [2014-11218]

Download as PDF 27778 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules Headquarters are subject to advance security screening procedures. Any foreign national wishing to participate in the meeting should advise DOE as soon as possible by contacting Ms. Brenda Edwards at (202) 586–2945 to initiate the necessary procedures. In addition, you can attend the public meeting via Webinar. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE’s Web site at: https://www1.eere.energy. gov/buildings/appliance_standards/ product.aspx?productid=84. Participants are responsible for ensuring their systems are compatible with the webinar software. TKELLEY on DSK3SPTVN1PROD with PROPOSALS B. Procedure for Submitting Requests To Speak Any person who has an interest in the topics addressed in this NODA, or who is a representative of a group or class of persons that has an interest in these issues, may request an opportunity to make an oral presentation at the public meeting. Requests should be emailed to Ms. Brenda Edwards at Brenda.Edwards@ee.doe.gov. Persons who wish to speak should include their contact information and an attached file that describes the nature of their interest in this NODA and the topics they wish to discuss. DOE requests persons selected to make an oral presentation to submit an advance copy of their statements by May 30, 2014. DOE may permit persons who cannot supply an advance copy of their statement to participate, if those persons have made advance alternative arrangements with the Building Technologies Office. As necessary, requests to give an oral presentation should ask for such alternative arrangements. C. Conduct of the Public Meeting DOE will designate a DOE official to preside at the public meeting and may also use a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). There shall not be discussion of proprietary information, costs or prices, market share, or other commercial matters regulated by U.S. anti-trust laws. A court reporter will be present to record the proceedings and prepare a transcript. The public meeting will be conducted in an informal, conference style. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the public meeting. DOE will present summaries of VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 comments received before the public meeting, allow time for presentations by participants, and encourage all interested parties to share their views on issues affecting this NODA. Each participant will be allowed to make a prepared general statement (within time limits determined by DOE), before the discussion of specific topics. DOE will permit other participants to comment briefly on any general statements. At the end of all prepared statements on each specific topic, DOE will permit participants to clarify their statements briefly and comment on statements made by others. Participants should be prepared to answer DOE’s and other participants’ questions. DOE representatives may also ask participants about other matters relevant to this NODA. The official conducting the public meeting will accept additional comments or questions from those attending as time permits. The presiding official will announce any further procedural rules or modification of these procedures that may be needed for the proper conduct of the public meeting. After the public meeting, interested parties may submit further comments on the proceedings as well as on any aspect of the NODA until the end of the comment period. DOE will make the entire record of this proceeding, including the transcript from the public meeting, available on the DOE Web site. D. Submission of Comments DOE welcomes comments on all aspects of this NODA and on other relevant issues that participants believe would affect test procedures and energy conservation standards applicable to Battery Chargers. Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at https://www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE–2014–BT–NOA–0012, by any of the following methods: • Email: To BatteryChargers2014NOA0012@ ee.doe.gov. Include EERE–2014–BT– NOA–0012 in the subject line of the message. • Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, Revisions to Energy Efficiency Enforcement Regulations, EERE–2011– BT– STD–0005, 1000 Independence Avenue SW., Washington, DC 20585– 0121. Phone: (202) 586–2945. Please submit one signed paper original. • Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Building Technologies Program, 6th Floor, 950 L’Enfant Plaza SW., Washington, DC 20024. Phone: (202) 586–2945. Please submit one signed paper original. All submissions received must include the agency name and docket number or RIN for this rulemaking. After the close of the comment period, DOE will begin collecting data, conducting the analyses, and reviewing the public comments. These actions will be taken to aid in the development of a test procedure and energy conservation standards Final Rule for Battery Chargers. DOE considers public participation to be a very important part of the process for developing test procedures and energy conservation standards. DOE actively encourages the participation and interaction of the public during the comment period in each stage of the rulemaking process. Interactions with and between members of the public provide a balanced discussion of the issues and assist DOE in the rulemaking process. Anyone who wishes to be added to the DOE mailing list to receive future notices and information about this rulemaking should contact Mr. Jeremy Dommu at (202) 586–9870, or via email at battery_chargers_and_ external_power_supplies@ee.doe.gov. Issued in Washington, DC, on May 8, 2014. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2014–11213 Filed 5–14–14; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket No. EERE–2014–BT–DET–0009] RIN 1904–AD27 Preliminary Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1– 2013: Energy Standard for Buildings, Except Low-Rise Residential Buildings Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of preliminary determination. AGENCY: The U.S. Department of Energy (DOE) has preliminarily determined that the 2013 edition of the ANSI/ASHRAE/IES 1 Standard 90.1: SUMMARY: 1 American National Standards Institute (ANSI)/ American Society of Heating, Refrigerating, and Air- E:\FR\FM\15MYP1.SGM 15MYP1 TKELLEY on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules Energy Standard for Buildings, Except Low-Rise Residential Buildings would improve energy efficiency in buildings subject to the code compared to the 2010 edition of Standard 90.1. DOE has preliminarily determined that buildings built to Standard 90.1–2013, as compared with buildings built to Standard 90.1–2010, would result in national source energy savings of approximately 8.5 percent and site energy savings of approximately 7.6 percent of commercial building energy consumption. If this determination is finalized, States would be required to certify that they have reviewed the provisions of their commercial building code regarding energy efficiency, and, as necessary, updated their codes to meet or exceed Standard 90.1–2013. Additionally, this notice provides guidance to States on certifications and requests for extensions of deadlines for certification statements. DATES: Comments on the preliminary determination must be provided by June 16, 2014. ADDRESSES: Any comments submitted must identify provide docket number EERE–2014–BT–DET–0009, or Regulatory Information Number (RIN), 1904–AD27. Comments may be submitted using any of the following methods: 1. Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments. 2. Email: 2013ASHRAEstandard2014Det0009@ ee.doe.gov. Include the docket number and/or RIN in the subject line of the message. 3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW., Washington, DC 20585–0121. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. 4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone: (202) 586–2945. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. For detailed instructions on submitting comments and additional information on the rulemaking process, see section VIII of this document (Public Participation). Docket: The docket, which includes Federal Register notices, comments, Conditioning Engineers (ASHRAE)/Illuminating Engineering Society (IES). VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 and other supporting documents/ materials, is available for review at Regulations.gov. All documents in the docket are listed in the Regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. A link to the docket Web page can be found at: https://www.energycodes.gov/ regulations/determinations. This Web page will contain a link to the docket for this notice on the Regulations.gov site. The regulations.gov Web page will contain simple instructions on how to access all documents, including public comments, in the docket. See section VIII for further information on how to submit comments through Regulations.gov. For further information on how to submit a comment, review other public comments and the docket, or participate in the public meeting, contact Ms. Brenda Edwards at (202) 586–2945 or by email: Brenda.Edwards@ee.doe.gov. FOR FURTHER INFORMATION CONTACT: Jeremiah Williams; U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., EE–5B, Washington, DC 20585; (202) 287– 1941; Jeremiah.Williams@ee.doe.gov. For legal issues, please contact Ami Grace-Tardy; U.S. Department of Energy, Office of the General Counsel, 1000 Independence Avenue SW., GC– 71, Washington, DC 20585; (202) 586– 5709; Ami.Grace-Tardy@hq.doe.gov. SUPPLEMENTARY INFORMATION: I. Statutory Authority II. Introduction III. Methodology IV. Summary of Findings V. Preliminary Determination Statement VI. State Certification VII. Regulatory Review and Analysis VIII. Public Participation I. Statutory Authority Title III of the Energy Conservation and Production Act, as amended (ECPA), establishes requirements for building energy conservation standards, administered by the DOE Building Energy Codes Program. (42 U.S.C. 6831 et seq.) Section 304(b), as amended, of ECPA provides that whenever the ANSI/ ASHRAE/IESNA Standard 90.1–1989 (Standard 90.1–1989 or 1989 edition), or any successor to that code, is revised, the Secretary of Energy (Secretary) must make a determination, not later than 12 months after such revision, whether the revised code would improve energy efficiency in commercial buildings, and must publish notice of such determination in the Federal Register. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 27779 (42 U.S.C. 6833(b)(2)(A)) The Secretary may determine that the revision of Standard 90.1–1989, or any successor thereof, improves the level of energy efficiency in commercial buildings. If so, then not later than 2 years after the date of the publication of such affirmative determination, each State is required to certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised or successor code. (42 U.S.C. 6833(b)(2)(B)(i)) Each State must include in its certification a demonstration that the provisions of its commercial building code, regarding energy efficiency, meet or exceed the revised Standard. (42 U.S.C. 6833(b)(2)(B)(i)) If the Secretary makes a determination that the revised Standard will not improve energy efficiency in commercial buildings, State commercial codes shall meet or exceed the last revised Standard for which the Secretary has made an affirmative determination. (42 U.S.C. 6833(b)(2)(B)(ii)) On October 19, 2011, DOE published a final determination in the Federal Register updating the reference code to Standard 90.1–2010. (76 FR 64904) ECPA requires the Secretary to permit extensions of the deadlines for the State certification if a State can demonstrate that it has made a good faith effort to comply with the requirements of Section 304(c) of ECPA and that it has made significant progress in doing so. (42 U.S.C. 6833(c)) DOE is also directed to provide technical assistance to States to support implementation of State residential and commercial building energy efficiency codes. (42 U.S.C. 6833(d)) II. Introduction ASHRAE and IES approved the publication of the 2013 edition of Energy Standard for Buildings Except Low-Rise Residential Buildings in October 2013. The Standard is developed under ANSI-approved consensus procedures,2 and is under continuous maintenance by a Standing Standard Project Committee. ASHRAE has established a program for regular publication of addenda, or revisions, including procedures for timely, documented, consensus action on requested changes to the Standard. ANSI approved the final addendum for inclusion in the 2013 edition in 2 An overview of the ANSI consensus process is available at https://www.ansi.org/standards_ activities/domestic_programs/overview. aspx?menuid=3. E:\FR\FM\15MYP1.SGM 15MYP1 27780 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules September 2013. Standard 90.1–2013 was published in October 2013.3 More information on ANSI/ASHRAE/IES Standard 90.1–2013 is available at: https://www.ashrae.org/resourcespublications/bookstore/standard-90-1. TKELLEY on DSK3SPTVN1PROD with PROPOSALS III. Methodology In arriving at a preliminary determination, DOE reviewed all changes between the 2013 and 2010 editions of Standard 90.1. Standard 90.1 is complex and covers a broad spectrum of the energy-related components and systems in buildings, ranging from simpler commercial buildings to more complex hospitals and laboratory facilities. Standard 90.1–2013 was developed through the same approach as the previous 2010 edition, which involves committee approval through a consensus process consistent with ANSI procedures for developing industry standards. The 2013 edition contains no significant changes to the overall scope or the structure of the Standard. As a result, DOE preliminarily determined that the methodology used for the analysis of Standard 90.1–2010 should again be utilized for the analysis of Standard 90.1–2013. Overview of Methodology The analysis methodology used by DOE contains both qualitative and quantitative components. A qualitative comparison is undertaken to identify textual changes between requirements in Standard 90.1–2013 and Standard 90.1–2010, followed by a quantitative assessment of energy savings conducted through whole-building simulations of buildings constructed to meet the minimum requirements of each Standard over the range of U.S. climates. A discussion of the analysis methodology, which was developed through public comment in past DOE determinations, can be found in the Notice of Preliminary Determination for Standard 90.1–2007 (75 FR 54117) and Notice of Preliminary Determination for Standard 90.1–2010 (76 FR 43298). Consistent with its previous determinations, DOE compared overall editions of Standard 90.1. DOE interprets the language in Section 304(b)(2) of ECPA to mean that when a comprehensive revision of the ASHRAE Standard is published (which in this case is ASHRAE Standard 90.1–2013), then that revised or successor Standard triggers the Secretary’s obligation to issue a determination as to whether the revised Standard improves energy 3 ASHRAE press release available at https:// www.ashrae.org/news/2013/ashrae-ies-publish2013-energy-standard-changes-for-envelopelighting-mechanical-sections. VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 efficiency in commercial buildings. (See 42 U.S.C. 6833(b)(2)(A)) This determination is made by comparing the revised or successor Standard to the last predecessor Standard. While the continuous addenda review and update process is part of the ongoing maintenance of the Standard, DOE does not interpret each addendum update after the release of the full standard as an additional ‘‘revised or successor standard’’ requiring a determination by the Secretary. Consideration for Technological and Economic Factors Section 304(b) of ECPA states that the Secretary is required to make a determination as to whether any successor standard to ASHRAE Standard 90.1–1989 will improve energy efficiency. (42 U.S.C. 6833(b)(2)(A)) Section 304 of ECPA does not include any reference to economic justification. Separate from the Secretary’s determination under section 304(b), section 307 of ECPA requires DOE to periodically review the economic basis of the voluntary building energy codes and participate in the industry process for review and modification, including seeking adoption of all technologically feasible and economically justified energy efficiency measures. (42 U.S.C. 6836(b)) DOE fulfills this obligation in two ways. First, the ASHRAE process, in which DOE participates, provides consideration for the feasibility and economics of proposed addenda, with a defined methodology applied to test the cost-effectiveness of individual addenda. Next, DOE performs independent analysis of Standard 90.1 as part of its direction to assist States implementing building energy codes. (ASHRAE consideration for costeffectiveness and technical assistance provided by DOE is further explained below.) The development of ASHRAE standards is based upon the ANSI consensus process, which ensures participation by any interested party, with representatives classified as producer (e.g., industry), user (e.g., owners and designers), and general (e.g., government representatives or other general interests) segments of the building industry coming together to develop a consensus-based standard. DOE is an active participant in this process, and provided technical support to the development of the Standard through Pacific Northwest National Laboratory (PNNL). This approach allows DOE to meet its statutory obligation to participate in the industry process to review and modify Standard PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 90.1, and to seek adoption of all technologically feasible and economically justified energy efficiency measures. (42 U.S.C. 6836(b)) The ASHRAE development process requires extensive committee deliberation and public review of each change to Standard 90.1, including consideration for the cost-effectiveness of proposed changes. One of the objectives considered by the committee developing Standard 90.1 is for the requirements of the Standard to be costeffective for use in the public and private sectors. In recent years, one of the primary support functions provided by PNNL is assistance in the development of cost-effectiveness analyses that are considered by the development committee. Some proposed changes to the Standard do not require a cost-effectiveness evaluation, such as the following: • Changes that do not add cost to the building or where the added cost would be negligible; • Changes intending to clarify existing requirements of the Standard or to improve compliance with existing requirements of the Standard; • Changes to external references that are included in the Standard; or • Changes that reflect Federal requirements, such as appliance and commercial equipment standards. When evaluating proposed changes to the Standard where an additional cost to the building is anticipated, Standard 90.1 uses a defined methodology known as the Scalar Method 4 to ensure that Standard 90.1 is cost effective. This method is based on ASTM Standard E917—Standard Practice for Measuring Life-Cycle Costs of Buildings and Building Systems. Standard 90.1 has simplified the life-cycle cost (LCC) model in ASTM Standard E917 by condensing the economic variables into a single variable called the Scalar Ratio, which is simply a ratio of economic present worth factors. A maximum scalar ratio of 21.9, corresponding to a measure life of 40 years was used in the development of Standard 90.1–2013. This ratio is mathematically equivalent to a LCC analysis using the following parameters: 4 M.F. McBride, ‘‘Development of Economic Scalar Ratios for ASHRAE Standard 90.1 R,’’ (presented at the Thermal Performance of the Exterior Envelopes of Buildings VI, ASHRAE, 1995), available at https://consensus.fsu.edu/FBC/ 2010-Florida-Energy-Code/901_Scalar_Ratio_ Development.pdf . E:\FR\FM\15MYP1.SGM 15MYP1 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules TABLE III.1—ASHRAE SCALAR RATIO ECONOMIC PARAMETERS TABLE III.1—ASHRAE SCALAR RATIO ECONOMIC PARAMETERS—Continued Parameter Rate (percent) Parameter Rate (percent) Economic Life .................... Loan Interest Rate ............. Heating Fuel Escalation Rate. Cooling Fuel Escalation Rate. Up to 40 years. 6.25. 3.76. Federal Tax Rate ............... State Tax Rate .................. Nominal Discount Rate ...... Real Discount Rate ........... 34. 6.5. 7. 6.05. 3.76. 27781 The above economic parameters are vetted and updated by ASHRAE at the beginning of each three-year Standard 90.1 development cycle. If the scalar ratio for a particular measure is less than the scalar ratio limit established by the measure life and the parameters presented above, then the measure is considered cost-effective. The scalar ratio for a proposal is determined by the following equation: the cost effectiveness of building energy codes (78 FR 47677), and expects to update this method to ensure its assumptions and economic criteria remain valid and adequate for States considering adoption of model building energy codes. DOE is specifically requesting public comments and additional information regarding the costs and benefits of the use of Standard 90.1–2013, as a whole, and appropriate methodologies for assessing costs, benefits, and cost-effectiveness in the Public Participation section of this notice. Qualitative Analysis DOE performed a comparative analysis of the textual requirements of Standard 90.1–2013, examining the specific changes (addenda) made between Standard 90.1–2010 and Standard 90.1–2013. ASHRAE publishes changes to its standards as individual addenda to the preceding Standard, and then bundles all addenda together to form the next published edition. In creating the 2013 edition, ASHRAE processed 110 total addenda. DOE evaluated each of these addenda in preparing this preliminary determination. Overall, DOE found that the vast majority of changes in creating Standard 90.1–2013 were positive (i.e., increased energy savings) or neutral (i.e., no direct impact on energy savings). Positive changes significantly outweigh any changes with a negative effect on energy efficiency in commercial buildings. Of the 110 total changes: • 52 were considered positive; • 53 were considered neutral; and • 5 were considered negative. Table IV.1 presents the findings resulting from the qualitative analysis, along with a description of the change, as well as an assessment of the anticipated impact on energy savings in commercial buildings. The full qualitative analysis is presented in a separate technical support document (TSD),6 available at https:// www.energycodes.gov/regulations/ determinations. 5 Thornton et al., Cost-Effectiveness of ASHRAE Standard 90.1–2010 Compared to ASHRAE Standard 90.1–2007 (PNNL, Richland, WA (US), November 2013), available at https://www.pnnl.gov/ main/publications/external/technical_reports/pnnl22972.pdf. 6 Halverson et al., ANSI/ASHRAE/IES Standard 90.1–2013 Preliminary Determination: Qualitative Analysis (PNNL, Richland, WA (US), March 2014), available at https://www.pnnl.gov/main/ publications/external/technical_reports/pnnl23198.pdf. VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 IV. Summary of Findings In performing its preliminary determination, DOE performed both a qualitative and quantitative analysis of the requirements contained in the updated edition of Standard 90.1. The chosen methodology for these analyses is consistent with recent determinations actions, and provides a reasonable assessment of how the Standard will impact energy savings in commercial buildings. A summary of the analyses supporting DOE’s preliminary determination is outlined in the following sections. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM 15MYP1 EP15MY14.008</GPH> TKELLEY on DSK3SPTVN1PROD with PROPOSALS It should be noted that Standard 90.1 evaluates the cost-effectiveness of individual addenda, as applicable, but does not evaluate the cost-effectiveness of the Standard as a whole. However, this information is often desired by States to inform processes to update State energy codes. To address this need, and as part of DOE’s direction to provide technical assistance to support the implementation of State energy efficiency codes (42 U.S.C. 6833(d)), DOE has worked with States to help them understand the energy and economic impacts associated with updated model energy codes. This approach allows DOE and the States to identify and collect necessary data, as available, and work with individual States to understand localized costs, construction practices, and unique State scenarios. DOE provided such Statelevel cost-effectiveness analysis for States considering adoption of recent editions of Standard 90.1,5 and plans to provide similar analysis for the 2013 edition by December 31, 2014. In preparation for future technical assistance activities, DOE is interested in receiving stakeholder feedback on the Department’s practice of providing costeffectiveness analysis to support State energy code adoption. DOE has issued past requests for information to guide the Department in establishing an appropriate methodology for evaluating 27782 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS Addendum to Standard 90.1–2010 Sections affected within the Standard Description of changes Impact on energy efficiency (justification) 1 ................ 90.1–2010a 10. Other Equipment and 12. Normative References. Neutral (simply specifies alternate rating standard). 2 ................ 90.1–2010b 10. Other Equipment and 12. Normative References. 3 ................ 90.1–2010c Appendix G .......................... 4 ................ 90.1–2010e Appendix G .......................... 5 ................ 90.1–2010f Appendix G .......................... 6 ................ 90.1–2010g 6. Heating, Ventilating, and Air-Conditioning and 12. Normative References. 7 ................ 90.1–2010h 6. Heating, Ventilating, and Air-Conditioning. 8 ................ 90.1–2010i 6. Heating, Ventilating, and Air-Conditioning and 3. Definitions. 9 ................ 90.1–2010j 6. Heating, Ventilating, and Air-Conditioning. 10 .............. 90.1–2010k 8. Power and 12. Normative References. Specifies that nominal efficiencies for motors are required to be established in accordance with DOE 10 CFR 431 instead of National Electrical Manufacturers Association (NEMA) Standards. Modifies the footnotes to Tables 10.8A, 10.8B, 10.8C (now Tables 10.8–1, 10.8–2, and 10.8–3 in Standard 90.1–2013). The corresponding reference for 10 CFR 431 has also been added. Requires escalators and moving walks to automatically slow when not conveying passengers. The corresponding reference to American Society of Mechanical Engineers (ASME) A17.1/CSA B44 has also been added to the Normative References. Adds requirements for laboratory exhaust fans to Section G3.1.1, Baseline HVAC System Type and Definition. Lab exhaust fans are required to be modeled as constant horsepower, reflecting constant volume stack discharge with outside air bypass. Updates language in Section G3.1, part 5, ‘‘Building Envelope,’’ to require that existing buildings use the same envelope baseline as new buildings with the exception of fenestration area. Modifies Section G.3.1, ‘‘Building Envelope.’’ Specifies the vertical fenestration area for calculating baseline building performance for new buildings and additions. Adds efficiency requirements for commercial refrigerators, freezers, and refrigeration equipment. Table 6.8.1L and Table 6.8.1M (now Tables 6.8.1–12 and 6.8.1–13 in Standard 90.1–2013) have been added, which specify the energy use limits for refrigerators and freezers. The corresponding references have also been added in Chapter 12. Modifies the minimum efficiency standards for water-to-air heat pumps (water loop, ground water, and ground loop). The proposed cooling energy efficiency ratios (EERs) and heating coefficients of performance are more stringent than the present values. Also removes the small duct high velocity heat pump product class from Table 6.8.1B (now Table 6.8.1–2 in Standard 90.1– 2013). Increases the minimum efficiency standards for single-package vertical air conditioners (SPVAC) and single-package vertical heat pumps (SPVHP). Also creates a new product class for SPVAC and SPVHP used in space-constrained applications. This new product class only applies to non-weatherized products with cooling capacities <36,000 British thermal units per hour (Btu/h) and intended to replace an existing air-conditioning (AC) unit. Modifies the minimum efficiency requirements of evaporatively cooled units, of size category 240,000 Btu/h to 760,000 Btu/h and heating typeother, in Table 6.8.1A (now Table 6.8.1–1 in Standard 90.1–2013). The value is reduced to account for increased pressure drop in such system types. The product class, small duct high velocity air conditioner, has been eliminated. Modifies notes to Table 8.1 and specifies that nominal efficiencies would be established in accordance with the 10 CFR 431 test procedure for lowvoltage dry-type transformers. The corresponding references have also been added in Chapter 12. TKELLEY on DSK3SPTVN1PROD with PROPOSALS No. VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM 15MYP1 Minor + (reduces escalator and moving walkway energy). Neutral (whole building performance tradeoff method only). Neutral (whole building performance tradeoff method only). Neutral (whole building performance tradeoff method only). Neutral (adopts Federal standards). Minor + (increases stringency of existing requirements). Minor + (increases stringency of existing requirements). Minor—(due to correction of an error in the previous Standard). Neutral (simply specifies alternative rating standard). Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27783 TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued Addendum to Standard 90.1–2010 Sections affected within the Standard 11 .............. 90.1–2010l 6. Heating, Ventilating, and Air-Conditioning. 12 .............. 90.1–2010m 9. Lighting ............................ 13 .............. 90.1–2010n 10. Other Equipment ............ 14 .............. 90.1–2010o 5. Building Envelope and 3. Definitions. 15 .............. 90.1–2010p 5. Building Envelope and 12. Normative References. 16 .............. 90.1–2010q 5. Building Envelope, 3. Definitions, and 12. Normative References. 17 .............. 90.1–2010r Appendix G and 12. Normative References. 18 .............. 90.1–2010s 6. Heating, Ventilating, and Air-Conditioning. 19 .............. 90.1–2010u 6. Heating, Ventilating, and Air-Conditioning, 3. Definitions, and 12. Normative References. 20 .............. 90.1–2010v 8. Power ............................... 21 .............. 90.1–2010w 3. Definitions, 11. Energy Cost Budget Method, and Appendix G. TKELLEY on DSK3SPTVN1PROD with PROPOSALS No. VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 PO 00000 Description of changes Impact on energy efficiency (justification) Clarifies fan power limitations contained in Standard 90.1–2010 that required the user to perform calculations for fan brake horsepower (bhp) even if the simplified nameplate horsepower (hp) option was being used. Adds some control requirements for lighting alterations, for interior and exterior applications. Adds a section for submittals and includes loading docks as a tradable surface. Modifies the provisions for additional interior lighting power, which would now be calculated on the basis of controlled wattage. Clarifies that the total lumens per watt for the entire elevator cab is required to meet the efficiency requirement and that each individual light source is not required to meet the lumens per watt value. Adds the definition for sectional garage doors. Also modifies Section 5.4.3.2 (d), ‘‘fenestration air leakage provisions for doors,’’ to include requirements for glazed sectional garage doors. Modifies Section 5.5.3.1 and requires roof solar reflectance and thermal emittance testing to be in accordance with Cool Roof Rating Council (CRRC)–1 Standard. Also modifies Section 12 by adding the reference for CRRC. Modifies Section 3 by changing the definition of dynamic glazing to include glazing systems or infill as well as shading systems between glazing layers and chromogenic glazing. Also modifies Section 5.8.2.2 by clarifying the requirements for labeling of fenestration and door products. The corresponding references to National Fenestration Rating Council (NFRC) in Chapter 12 have also been updated. Clarifies the requirements related to temperature and humidity control in Appendix G and relocates all related wording to the ‘‘Schedules’’ section of Table 3.1. Additionally, clarity is provided for modeling systems that provide occupant thermal comfort via means other than directly controlling the air dry-bulb and wet-bulb temperature (i.e., radiant cooling/heating, elevated air speed, etc.). Permits the use of ASHRAE Standard 55 for calculation of Predicted Mean Vote-Predicted Percentage Dissatisfied (PMV–PPD). Also updates the Normative References by including a reference to ASHRAE Standard 55–2010. Modifies the requirement for the static pressure sensor location and the control requirements for setpoint reset for systems with direct digital control (DDC) of individual zones. Ensures that savings from previously required static pressure reset will be realized. Adds new definition as Fan Efficiency Grade (FEG) and requires each fan have a FEG of 67 or higher as defined by Air Movement and Control Association (AMCA) 205–10, ‘‘Energy Efficiency Classification for Fans.’’. Clarifies the requirement for controlled receptacles in open offices applications by changing the requirement to the workstations themselves. Also requires the automatically controlled receptacles to be appropriately identified for the user’s benefit. Adds definitions for on-site renewable energy and purchased energy. Clarifies the process for accounting for on-site renewable energy and purchased energy as well as calculating the annual energy costs in the ECB approach and Appendix G. Neutral (editorial correction). Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM 15MYP1 Major + (adds control requirements for lighting alterations). Neutral (clarification only). Minor + (reduces air leakage in glazed sectional garage doors). Neutral (simply specifies an alternative rating standard). Neutral (clarification only). Neutral (whole building performance tradeoff method only). Minor + (ensures savings from static pressure reset are achieved). Major + (applies new requirements to individual fans). Neutral (clarification only). Neutral (whole building performance tradeoff method only). 27784 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued Addendum to Standard 90.1–2010 Sections affected within the Standard Description of changes 22 .............. 90.1–2010y 3. Definitions and 10. Other Equipment. 23 .............. 90.1–2010z 24 .............. 90.1–2010aa 6. Heating, Ventilating, and Air-Conditioning. 6. Heating, Ventilating, and Air-Conditioning and 3. Definitions. 25 .............. 90.1–2010ad 12. Normative References ... 26 .............. 90.1–2010ae 12. Normative References ... 27 .............. 90.1–2010af 6. Heating, Ventilating, and Air-Conditioning. 28 .............. 90.1–2010ag Appendix G and 12. Normative References. 29 .............. 90.1–2010ah Appendix G .......................... 30 .............. 90.1–2010ai Appendix G .......................... 31 .............. 90.1–2010aj 6. Heating, Ventilating, and Air-Conditioning. 32 .............. 90.1–2010al Appendix G .......................... 33 .............. 90.1– 2010am 6. Heating, Ventilating, and Air-Conditioning. 34 .............. 90.1–2010an Appendix C .......................... Revises the definitions of general purpose electric motors (subtype I & II) based on information from NEMA. Also updates the Standard to include the new Federal energy efficiency standards used in HVAC equipment, to be in effect from 2015. Adds Table 10.8D (now Table 10.8–4 in Standard 90.1–2013), which specifies minimum average full-load efficiency for Polyphase Small Electric Motors; and Table 10.8E (now Table 10.8–5 in Standard 90.1–2013), which specifies minimum average full-load efficiency for Capacitor-Start Capacitor-Run and Capacitor-Start Induction-Run Small Electric Motors. Relocates the requirements for water economizers into the main economizer section, Section 6.5.1.5. Eliminates the contingency on DDC system existence for setpoint overlap restrictions, humidification and dehumidification controls, variable air volume (VAV) fan control setpoint reset, multiplezone VAV system ventilation optimization control, hydronic system differential pressure reset by valve position. Instead specifies for what system types or sizes DDC is required in new buildings and alterations. Also specifies minimal functional requirements for DDC systems. (Prior to this addendum certain controls requirements were only required when the controls were provided by a DDC system.). Adds reference to specific addenda to Air-Conditioning, Heating, and Refrigeration Institute (AHRI) standards 340/360 and 1230 being referenced. Adds reference to specific addenda to AHRI standards 210/240 and 550/590 being referenced. Modifies heat rejection equipment (cooling tower) requirements to require that variable speed drive controlled fans operate all fans at the same speed instead of sequencing them, and require that open-circuit towers with multiple cells operate all cells in parallel down to 50% of design flow. Establishes a method for gaining credit in Appendix G for buildings that undergo whole building air leakage testing to demonstrate that they have an airtight building. Sets system sizing requirements in Appendix G for humid climates based on humidity ratio instead of supply air temperature differential. Sets baseline system dehumidification requirements. Modifies Appendix G to account for three prescriptive addenda that were incorporated into Standard 90.1–2010, but did not make it into Appendix G in time for publication. Updates economizer requirements to match addendum cy, establishes baseline transformer efficiency requirements to match addendum o, and establishes path A for centrifugal chiller baselines from addendum m. Requires fractional horsepower motors ≥1⁄12 hp to be electronically commutated motors or have a minimum 70% efficiency in accordance with DOE 10 CFR 431. Also requires adjustable speed or other method to balance airflow. Establishes a consistent fuel source for space heating for baseline systems based on climate zone. Establishes a consistent fuel source for service water heating (SWH) based on building type. Establishes minimum turndown for boilers and boiler plants with design input power of at least 1,000,000 Btu/h. Rewrites entire Appendix C to use a simulation based approach for envelope tradeoffs. TKELLEY on DSK3SPTVN1PROD with PROPOSALS No. VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM Impact on energy efficiency (justification) 15MYP1 Neutral (adopts Federal standards). Neutral (editorial only). Minor + (requires additional HVAC controls). Neutral (updates references only). Neutral (updates references only). Minor + (reduces cooling tower energy usage). Neutral (whole building performance tradeoff method only). Neutral (whole building performance tradeoff method only). Neutral (whole building performance tradeoff method only). Minor + (reduces fractional horsepower motor energy usage). Neutral (whole building performance tradeoff method only). Major + (reduces energy usage for large boilers). Neutral (alternative compliance method only). Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27785 TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued Addendum to Standard 90.1–2010 Sections affected within the Standard 35 .............. 90.1–2010ap 36 .............. 90.1–2010aq 6. Heating, Ventilating, and Air-Conditioning and 3. Definitions. 6. Heating, Ventilating, and Air-Conditioning and 11.Energy Cost Budget. 37 .............. 90.1–2010ar 38 .............. 90.1–2010as 39 .............. 90.1–2010at 3. Definitions, 5. Building Envelope, and 9. Lighting. 40 .............. 90.1–2010au 6. Heating, Ventilating, and Air-Conditioning. 41 .............. 90.1–2010av 6. Heating, Ventilating, and Air-Conditioning. 42 .............. 90.1–2010aw 11. Energy Cost Budget and Appendix G. 43 .............. 90.1–2010ax Appendix G .......................... 44 .............. 90.1–2010ay 3. Definitions and 9. Lighting 45 .............. TKELLEY on DSK3SPTVN1PROD with PROPOSALS No. 90.1–2010az 6. Heating, Ventilating, and Air-Conditioning. 46 .............. 90.1–2010ba 6. Heating, Ventilating, and Air-Conditioning. VerDate Mar<15>2010 6. Heating, Ventilating, and Air-Conditioning and 3. Definitions. 6. Heating, Ventilating, and Air-Conditioning. 17:07 May 14, 2014 Jkt 232001 PO 00000 Impact on energy efficiency (justification) Description of changes Adds power usage effectiveness (PUE) as an alternative compliance methodology for data centers. Neutral (alternative compliance method only). Expands the requirements for fan speed control for both chilled water and unitary direct expansion systems. In addition enhances the requirements for integrated economizer control and defines direct expansion unit capacity staging requirements. Adds mandatory and prescriptive requirements for walk-in coolers and freezers and refrigerated display cases. Requires humidifiers mounted in the airstream to have an automatic control valve shutting off preheat when humidification is not required, and insulation on the humidification system dispersion tube surface. (Avoidance of simultaneous heating and cooling at air-handling unit.). Deletes the term ‘‘clerestory’’ and instead adds ‘‘roof monitor’’ and clarifies the definition. Changes the references in Chapters 5 and 9 from clerestory to roof monitor. Modifies Table 6.5.3.1.1B, which addresses fan power limitation pressure drop adjustment credits. Deductions from allowed fan power are added for systems without any central heating or cooling as well as systems with electric resistance heating. Sound attenuation credit is modified to be available only when there are background noise criteria requirements. Modifies Section 6.5.1, exception k, applicable to Tier IV data centers, to make economizer exceptions more stringent and in agreement with ASHRAE TC 9.9. Updates the reference year for ASHRAE Standard 140 and exempts software used for ECB and Appendix G compliance from having to meet certain sections of ASHRAE Standard 140. Modifies Table G3.1, Part 14 of Appendix G to exclude the condition that permits a building surface, shaded by an adjacent structure, to be simulated as north facing if the simulation program is incapable of simulating shading by adjacent structures. Modifies daylighting requirements. Modifies definitions for daylight area under skylights, daylight area under roof monitors, primary sidelight area, and secondary sidelight area. Changes the criterion for applying automatic daylighting control for sidelighting and toplighting to a controlled lighting power basis and provides characteristics for the required photo controls. Adds control requirements for secondary sidelighted areas. Modifies Table 9.6.2 to include continuous dimming in secondary sidelighted areas, which is now based on an installed wattage rather than area of the space. Eliminates the need for effective aperture calculation. Increases the minimum efficiency of open circuit axial fan cooling towers. An additional requirement has been added for all types of cooling towers which states that the minimum efficiency requirements applies to the tower including the capacity effect of accessories which affect thermal performance. An additional footnote clarifies that the certification requirements do not apply to field erected cooling towers. Adds requirements for door switches to disable or reset mechanical heating or cooling when doors without automatic door closers are left open. Major + (reduces fan energy usage). Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM 15MYP1 Neutral (adopts Federal standards). Minor + (reduces humidification energy usage). Neutral (clarification only). Minor + (restricts sound attenuation credit and adds deductions for certain systems). Minor + (reduces number of exceptions). Neutral (whole building performance tradeoff method only). Neutral (whole building performance tradeoff method only). Minor + (requires additional controls). Minor + (increase efficiency of cooling towers). Minor + (reduces heating and cooling when doors are left open). 27786 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued Addendum to Standard 90.1–2010 Sections affected within the Standard Description of changes Impact on energy efficiency (justification) 47 .............. 90.1–2010bb 3. Definitions, 5. Building Envelope, 11. Energy Cost Budget Method, and Appendix A. 90.1–2010bc 9. Lighting ............................ 49 .............. 90.1–2010bd 9. Lighting ............................ 50 .............. 90.1–2010be 9. Lighting ............................ 51 .............. 90.1–2010bf 8. Power ............................... 52 .............. 90.1–2010bg 5. Building Envelope ............ 53 .............. 90.1–2010bh 9. Lighting ............................ Modifies the building envelope requirements for opaque assemblies and fenestration in tables 5.5.1 through 5.5.8. Adds and modifies text in Section 5. Adds new visible transmittance (VT) requirement through Section 5.5.4.5. Also updates the NFRC 301 reference, references in Section 11, and modifies two metal building roof assemblies in Table A2.3. Modifies requirements for automatic lighting control for guestroom type spaces. Exceptions to this requirement are lighting and switched receptacles controlled by captive key systems. Adds more specific requirements for the functional testing of lighting controls, specifically, occupancy sensors, automatic time switches, and daylight controls. Makes minor revisions to Section 9.7.2.2, which addresses the scope of the operating and maintenance manuals required for lighting equipment and controls. Addresses Section 8.4.2 on automatic receptacle control and increases the spaces where plug shutoff control is required. Clarifies the application of this requirement for furniture systems, lowers the threshold for turn off from 30 to 20 minutes, states a labeling requirement to distinguish controlled and uncontrolled receptacles and restricts the use of plug-in devices to comply with this requirement. Adds low-emissivity (low-E) requirements for storm window retrofits. Modifies Table 9.6.1 Space-By-Space Lighting Power Density allowance. Major + (increases stringency of building envelope requirements). 48 .............. 54 .............. 90.1–2010bi 6. Heating, Ventilating, and Air-Conditioning. 55 .............. 90.1–2010bj 6. Heating, Ventilating, and Air-Conditioning. 56 .............. 90.1–2010bk 6. Heating, Ventilating, and Air-Conditioning. 57 .............. 90.1–2010bl 11. Energy Cost Budget and Appendix G. 58 .............. 90.1–2010bn 59 .............. 90.1–2010bo 8. Power and 10. Other Equipment. 7. Service Water Heating ..... 60 .............. TKELLEY on DSK3SPTVN1PROD with PROPOSALS No. 90.1–2010bp 6. Heating, Ventilating, and Air-Conditioning and 12. Normative References. 61 .............. 90.1–2010bq 62 .............. 90.1–2010br 6. Heating, Ventilating, and Air-Conditioning and 3. Definitions. 10. Other Equipment ............ 63 .............. 90.1–2010bs VerDate Mar<15>2010 6. Heating, Ventilating, and Air-Conditioning. 17:07 May 14, 2014 Jkt 232001 PO 00000 Increases seasonal energy efficiency ratio and heating seasonal performance factor for air-cooled commercial air conditioners and heat pumps below 65,000 Btu/h. (Effective 1/1/2015). Re-establishes the product class for small duct high velocity air conditioners and heat pumps. Adds efficiency requirements for systems at <65.000 Btu/h below level of current Federal standards. Increases cooling efficiency for packaged terminal air conditioners. Provides rules for removing fan energy from efficiency metrics when modeling in ECB or Appendix G. Establishes electric and fuel metering requirements Requires buildings with SWH capacity ≥1million Btu/ h to have average thermal efficiency of at least 90%. Updates Table 7.8 to reflect Federal requirements for electric water heaters. Updates the reference standard for swimming pool water heaters to ASHRAE Standard 146. Adds efficiency requirements (Btu/h-hp) to Table 6.8.1G (now Table 6.8.1–7 in Standard 90.1– 2013) for evaporative condensers with ammonia refrigerants. Adds prescriptive requirements for the efficiency and improved control of commercial refrigeration systems. Updates motor efficiency tables ................................ Reduces occupancy threshold for demand controlled ventilation from greater than 40 people per 1000 ft 2 to equal to or greater than 25 people per 1000 ft 2 with exemptions for certain occupancies. Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM 15MYP1 Minor + (requires automatic control of lighting and switched receptacles in hotel rooms). Minor + (improves functional testing of lighting controls). Neutral (clarification only). Minor + (reduces plug loads). Minor + (requires low-E storm windows in retrofits). Minor + (overall lighting power densities are reduced). Minor + (increases stringency of existing requirements). Neutral (re-establishes efficiency requirements that do not meet the level of Federal standards). Minor + (increases stringency of existing requirements). Neutral (whole building performance tradeoff method only). Neutral (metering by itself does not save energy). Minor + (requires large new gas SWH systems to have higher average efficiency). Minor + (adds efficiency requirements for new products). Major + (adds new efficiency requirements for commercial refrigeration). Neutral (implements Federal standards). Minor + (reduces ventilation energy usage). Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27787 TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued No. Addendum to Standard 90.1–2010 Sections affected within the Standard 64 .............. 90.1–2010bt 65 .............. Impact on energy efficiency (justification) 6. Heating, Ventilating, and Air-Conditioning. Reduces the system size and outdoor air thresholds at which energy recovery is required. (Relaxed in some climate zones). 90.1–2010bv 5. Building Envelope ............ 66 .............. 90.1–2010bw 90.1–2010bx 5. Building Envelope and 11. Energy Cost Budget Method. 9. Lighting ............................ Reduces the area threshold at which skylights and daylighting controls are required. Modifies orientation requirements and adds solar heat gain coefficient tradeoff. Minor + (expands the use of exhaust air energy recovery to lower percent outdoor air). Minor + (reduces lighting energy usage). Minor + (provides design flexibility). 67 .............. 68 .............. 90.1–2010by 9. Lighting ............................ 69 .............. 2007 90.1bz 8. Power ............................... 70 .............. 90.1–2010ca 71 .............. 90.1–2010cb 6. Heating, Ventilating, and Air-Conditioning. 6. Heating, Ventilating, and Air-Conditioning. 72 .............. 90.1–2010cc 6. Heating, Ventilating, and Air-Conditioning. 73 .............. 90.1–2010cd 6. Heating, Ventilating, and Air-Conditioning, 7. Service Water Heating, and 3. Definitions. 74 .............. 90.1–2010ce Appendix G .......................... 75 .............. 90.1–2010cf Appendix G .......................... Establishes baseline window-to-wall ratio in Appendix G for strip malls. 76 .............. TKELLEY on DSK3SPTVN1PROD with PROPOSALS Description of changes 90.1–2010cg 11. Energy Cost Budget and Appendix G. 77 .............. 90.1–2010ch 6. Heating, Ventilating, and Air-Conditioning. Modifies the simulation requirements for modeling mandatory automatic daylighting controls as well as automatic lighting controls. Also modifies the simulation requirements for automatic lighting controls in the proposed design, beyond the minimum mandatory requirements. Table G3.2, which provided power adjustment percentages for automatic lighting controls, has been deleted and savings through automatic control devices are now required to be modeled in building simulation through schedule adjustments for the proposed design or by lighting power adjustments defined in Table 9.6.3. Increases air- and water-cooled chiller efficiencies in Table 6.8.1C (now Table 6.8.1–3 in Standard 90.1–2013). Exempts water-cooled positive displacement chillers with leaving condenser temperature ≥ 115 °F (typically heat reclaim chillers). VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 PO 00000 Clarifies exceptions to occupancy sensor requirements. Significantly modifies the way requirements are presented in Section 9. Requires the use of certain lighting controls in more space types. Reduces the amount of time after occupants vacate a space for lights to be automatically reduced or shut off. Establishes table of lighting controls applicable to each space type. Adds a Section 8.4.2, which specifies requirements for installation of basic electrical metering of major end uses (total electrical energy, HVAC systems, interior lighting, exterior lighting and receptacle circuits) to provide basic reporting of energy consumption data to building occupant. Adds control requirements for heating systems in vestibules. Revises night setback requirements to a reset of 10 °F heating and 5 °F cooling and removes exceptions for climate zones. Changes optimum start requirement from >10,000 cubic feet per minute to any DDC system and adds a requirement that outside air temperature be used in optimum algorithms. Adds efficiency requirements (Btu/h-hp) to Table 6.8.1G (now Table 6.8.1–7 in Standard 90.1– 2013) for evaporative condensers with R–507A. Provides definition for ‘‘piping’’ to include all accessories in series with pipe such as pumps, valves, strainers, air separators, etc. This is meant to clarify that these accessories need to be insulated. Establishes a baseline system type for retail occupancies less than three stories in Appendix G. Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM 15MYP1 Neutral (clarification only). Major + (requires more controls in more spaces and reduces time to reduction or shutoff). Neutral (metering by itself does not save energy). Minor + (reduces vestibule heating energy usage). Minor + (expands heating and cooling setbacks). Minor + (adds efficiency requirements for new products). Neutral (editorial only). Neutral (whole building performance tradeoff method only). Neutral (whole building performance tradeoff method only). Neutral (whole building performance tradeoff method only). Minor + (increases stringency of existing requirements). 27788 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued Addendum to Standard 90.1–2010 Sections affected within the Standard Description of changes Impact on energy efficiency (justification) 78 .............. 90.1–2010ci 3. Definitions, 11. Energy Cost Budget, and Appendix G. 90.1–2010cj Appendix G .......................... Modifies requirements for the cooling tower fans in Chapter 11 baseline simulations, from two-speed to variable speed. A formula has been specified to calculate the condenser water design supply temperature. Similar revisions have been made to Appendix G for the cooling tower requirements. Definitions for cooling design wet-bulb temperature and evaporation design wet-bulb temperature have been added to Chapter 3. Creates modeling rules for computer rooms in Appendix G. Neutral (whole building performance tradeoff method only). 79 .............. 80 .............. 90.1–2010ck 6. Heating, Ventilating, and Air-Conditioning. 81 .............. 90.1–2010cl 6. Heating, Ventilating, and Air-Conditioning. 82 .............. 90.1–2010cm 5. Building Envelope ............ 83 .............. 90.1–2010cn Appendix G .......................... 84 .............. 90.1–2010co 9. Lighting ............................ 85 .............. 90.1–2010cp 5. Building Envelope ............ Comprehensive update of LPDs in Table 9.5.1— Building Area Method. Corrects non-residential U-factor and R value requirements for steel joist floors in CZ3. 86 .............. 90.1–2010cr 9. Lighting and 12. Normative References. Makes a number of adjustments to Table 9.6.1, Space-by-space LPD. 87 .............. 90.1–2010ct Appendix G .......................... 88 .............. 90.1–2010cv Appendix G .......................... Identifies heated only storage systems 9 and 10 in Appendix G as being assigned one system per thermal zone. Establishes baseline system types in Appendix G for Assembly occupancies. 89 .............. 90.1–2010cy 6. Heating, Ventilating, and Air-Conditioning. 90 .............. 90.1–2010cz 6. Heating, Ventilating, and Air-Conditioning. 91 .............. 90.1–2010da 5. Building Envelope ............ 92 .............. 90.1–2010db 5. Building Envelope ............ 93 .............. 90.1–2010dc 9. Lighting ............................ 94 .............. TKELLEY on DSK3SPTVN1PROD with PROPOSALS No. 90.1–2010dd 5. Building Envelope and 3. Definitions. 95 .............. 90.1–2010de 6. Heating, Ventilating, and Air-Conditioning. 96 .............. 90.1–2010dg 97 .............. 90.1–2010di 12. Normative References (related to 5. Building Envelope). 6. Heating, Ventilating, and Air-Conditioning. VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 PO 00000 Requires VAV dual maximum damper position when DDC system is present and clarifies dual maximum sequence. Increases integrated energy efficiency ratio requirements for air-cooled air conditioners and heat pumps and EER requirements for water and evaporatively cooled air conditioners and heat pumps in Tables 6.8.1A and B (now Tables 6.8.1–1 and 6.8.1–2 in Standard 90.1–2013). Clarifies how to interpret the use of dynamic glazing products given the requirements in Addendum bb (envelope requirements). Establishes modeling rules for laboratories with 100% outside air in Appendix G. Reduces the design supply fan air flow rate for which energy recovery is required for systems that operate more than 8,000 hours per year. Increases boiler efficiency for residential sized (National Appliance Energy Conservation Act covered) equipment, <3,000 Btu/h. Relaxes air leakage requirements for high-speed doors for vehicle access and material transport. Corrects residential U-factor and R-value requirements for steel joist floors in CZ3. Clarifies automatic lighting and switched receptacle control in guest rooms as applied to individual spaces. Clarifies roof insulation requirements, differentiating between roof recovering (on top of existing roof covering) and replacement of roof covering. Relaxes design requirements for waterside economizers for computer rooms. Updates reference to ANSI/CRRC–l Standard 2012 (cool roof ratings). Establishes limits on using electric or fossil fuel to humidify or dehumidify between 30% and 60% relative humidity except certain applications. Requires deadband on humidity controls. Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM 15MYP1 Neutral (whole building performance tradeoff method only). Minor + (requires dual maximum control for VAV zones with DDC. Minor + (increases stringency of existing requirements). Neutral (clarification only). Neutral (whole building performance tradeoff method only). Major + (decreases LPD in most building types). Minor + (increases R value requirements for steel joist floors). Minor + (plus on retail outweighs some negatives on other building types). Neutral (whole building performance tradeoff method only). Neutral (whole building performance tradeoff method only). Minor + (applies energy recovery requirements to smaller fan systems). Neutral (adopts Federal standards). Minor ¥ (relaxes air leakage requirements for highspeed doors). Minor ¥ (relaxes steel joist floor requirements in CZ3). Neutral (clarification only). Neutral (clarification only). Minor ¥ (relaxes economizer requirements for computer rooms). Neutral (updates references only). Minor + (reduces humidification energy usage). 27789 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules TABLE IV.1—QUALITATIVE ANALYSIS FINDINGS—Continued No. Addendum to Standard 90.1–2010 Sections affected within the Standard Description of changes Impact on energy efficiency (justification) 98 .............. 90.1–2010dj 9. Lighting ............................ Neutral (tradeoff of additional lighting power for additional control). 99 .............. 90.1–2010dk 9. Lighting ............................ 100 ............ 90.1–2010dl 9. Lighting ............................ Additional lighting power allowance for electrical/ mechanical rooms made available to match 2010 level provided there is separate control for the additional lighting. Eliminates the exemption for wattage used in spaces where lighting is specifically designed for those with age-related eye conditions or other medical conditions related to the eye, where special lighting or light levels might be needed. Modifies hotel and motel guest room LPD ................ 101 ............ 90.1– 2010dm 5. Building Envelope ............ 102 ............ 90.1–2010dn 103 ............ 90.1–2010do 104 ............ 90.1–2010dp 105 ............ 90.1–2010dq 6. Heating, Ventilating, and Air-Conditioning. 12. Normative References (related to 6. Heating, Ventilating, and Air-Conditioning). 3. Definitions (related to 6. Heating, Ventilating, and Air-Conditioning). 6. Heating, Ventilating, and Air-Conditioning. 106 ............ 90.1–2010dr 3. Definitions (related to 5. Building Envelope). 107 ............ 90.1–2010ds 5. Building Envelope and 3. Definitions. 108 ............ 90.1–2010dt 9. Lighting ............................ 109 ............ 90.1–2010dv 6. Heating, Ventilating, and Air-Conditioning. 110 ............ 90.1–2010dw 6. Heating, Ventilating, and Air-Conditioning. Modifies Section 5.4.3.4 for vestibules. Adds a size limit for large buildings, exemptions for semi-heated spaces and elevator lobbies in parking garages. Reduces the limits on hot gas bypass as a means of cooling capacity control. Updates references to AHRI 550, AMCA 500, ANSI Z21.10.3 and Z21.47, ASHRAE 90.1 and 62.1, NEMA MG 1, and NFPA 70 and 96. Minor + (trades blanket exemption for more targeted LPD increases). Minor + (new average LPD less than previous requirements). Minor + (reduces vestibule energy usage). Minor + (reduces hot gas bypass). Neutral (updates references only). Corrects the definition of walk-in-cooler to be consistent with Federal requirements. Neutral (editorial only). Deletes sizing requirements for pipes >24 inches in diameter. Minor ¥ (eliminates sizing requirements for pipes above 24″ in diameter). Neutral (clarification only). Clarifies definition of building entrances to exclude electrical room, mechanical rooms, and other utility service entrances. Corrects the definitions of ‘‘primary sidelighted area,’’ ‘‘secondary sidelighted area,’’ and ‘‘sidelighting effective area’’ to use the term ‘‘vertical fenestration’’ instead of ‘‘window’’ to clarify that glazed doors and other fenestration products are included as well as windows. Additionally, the definition of ‘‘daylight area under rooftop monitors’’ is corrected to include the spread of light beyond the width of the rooftop monitor glazing. Adds exceptions for control of exterior lighting integral to signage. Requires certain types of exterior lighting exempt from LPD requirements to be separately controlled. Establishes chiller and boiler fluid flow isolation requirements so there is no flow through the equipment when not in use. Revises high limit shutoff for air economizers. Add sensor accuracy requirements. Neutral (editorial only). Minor + (expansion of requirement to all signage may outweigh addition of exception). Minor + (reduces off hour chiller and boiler energy use). Minor + (adds sensor accuracy requirements). TKELLEY on DSK3SPTVN1PROD with PROPOSALS Key: The following terms are used to characterize the effect of individual addenda on energy efficiency (as contained in the above table): Major + indicates that an addendum is anticipated to significantly improve energy efficiency; Minor + indicates that an addendum may improve energy efficiency in specific applications, Neutral indicates that an addenda is not anticipated to impact energy efficiency; and Minor ¥ indicates that an addendum may increase energy use in certain applications. Table IV.2 summarizes the overall impact of the addenda in the qualitative analysis. Overall, the sum of the major positive and minor positive addenda (i.e., 52 addenda) greatly overwhelms the number of minor negative addenda (i.e., five addenda), leading to the qualitative conclusion that the overall impact of the addenda on the Standard is positive. TABLE IV.2—OVERALL SUMMARY OF ADDENDA IMPACT IN QUALITATIVE ANALYSIS Major negative Minor negative Neutral Minor positive Major positive Total None ........................................................................................................ 5 53 44 8 110 E:\FR\FM\15MYP1.SGM 15MYP1 VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 27790 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules Quantitative Analysis The quantitative analysis of Standard 90.1–2013 was carried out using wholebuilding energy simulations of buildings designed to meet the requirements of Standard 90.1–2010 and Standard 90.1– 2013. DOE simulated 16 representative building types across 15 U.S. climate locations, with locations selected to be representative of all U.S climate zones, as defined by Standard 90.1–2010 and Standard 90.1–2013 (climate zone criteria unchanged between the 2010 and 2013 editions). In addition, energy use intensities (EUIs) by fuel type and by end-use were extracted for each building type, and weighted by the relative square footage of construction (represented by that building type in each of the 15 climate regions) based on the McGraw Hill Construction (MHC) Projects Starts Database.7 The data is commonly used by other Federal agencies, such as the U.S. Census Bureau, the Federal Reserve, and the U.S. Department of Health and Human Services (HHS), to characterize U.S. building construction. In addition, the MHC database identifies multi-family residential buildings that would be covered under the scope of Standard 90.1. EUIs developed for each representative building type are weighted by total national square footage of each representative building type to estimate the difference between the national energy use in buildings constructed to the 2010 and 2013 editions of Standard 90.1. Note that the buildings types used in the quantitative analysis reflect approximately 80% of the total square footage of commercial construction, including multi-family buildings greater than three stories that are covered within the scope of ASHRAE Standard 90.1. The preliminary quantitative analysis of buildings designed to meet the requirements of Standard 90.1–2013 indicates national primary energy savings of approximately 8.5 percent of commercial building energy consumption (in comparison to Standard 90.1–2010). Site energy savings over Standard 90.1–2010 are estimated to be approximately 7.6 percent. Using national average fuel prices for electricity and natural gas, DOE also estimates a reduction in energy expenditures of 8.7 percent compared to Standard 90.1–2010. Table IV.3 and Table IV.4 show the energy use and associated savings resulting from Standard 90.1–2013 by building type and on an aggregated national basis. Further details on the quantitative analysis can be found in the full technical support document (TSD) 8 available at https:// www.energycodes.gov/regulations/ determinations. TABLE IV.3—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE [Standard 90.1–2010] Whole building EUI Building type Prototype Office ................................. Small Office ................................................. Medium Office .............................................. Large Office ................................................. Stand-Alone Retail ....................................... Strip Mall ...................................................... Primary School ............................................ Secondary School ........................................ Outpatient Health Care ................................ Hospital ........................................................ Small Hotel .................................................. Large Hotel .................................................. Non-Refrigerated Warehouse ...................... Fast-Food Restaurant .................................. Sit-Down Restaurant .................................... Mid-Rise Apartment ..................................... High-Rise Apartment ................................... ...................................................................... Retail ................................. Education ........................... Healthcare ......................... Lodging .............................. Warehouse ........................ Food Service ..................... Apartment .......................... National ............................. Floor area (percent) Site EUI (kBtu/ft2-yr) 5.61 6.05 3.33 15.25 5.67 4.99 10.36 4.37 3.45 1.72 4.95 16.72 0.59 0.66 7.32 8.97 100 Source EUI (kBtu/ft2-yr) 33.0 36.8 71.9 53.4 60.4 59.0 47.7 120.0 131.0 63.6 96.7 18.2 591.5 383.9 46.3 50.4 58.5 100.4 105.9 210.7 142.9 164.1 151.1 130.3 324.3 321.1 148.8 217.7 43.2 1051.7 742.7 131.4 124.9 148.9 ECI ($/ft2-yr) $0.99 1.03 2.06 1.38 1.58 1.44 1.26 3.13 3.04 1.40 2.03 0.41 9.27 6.69 1.28 1.19 1.42 TABLE IV.4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE [Standard 90.1–2013] Whole building EUI Floor area (percent) Prototype Office ................................. TKELLEY on DSK3SPTVN1PROD with PROPOSALS Building type Small Office ................................................. Medium Office .............................................. Large Office ................................................. Stand-Alone Retail ....................................... Strip Mall ...................................................... Retail ................................. 7 Based on McGraw Hill Construction Projects Starts Database; see Weighting Factors for the Commercial Building Prototypes Used in the Development of ANSI/ASHRAE/IESNA Standard 90.1–2010 by Jarnagin, RE and GK Bandyopadhyay. 2010. PNNL–19116, Pacific Northwest National VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 5.61 6.05 3.33 15.25 5.67 Laboratory, Richland, WA. Available at https:// www.pnl.gov/main/publications/external/ technical_reports/PNNL-19116.pdf. 8 Halverson et al., ANSI/ASHRAE/IES Standard 90.1–2013 Preliminary Determination: Quantitative PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Source EUI (kBtu/ft2-yr) Site EUI (kBtu/ft2-yr) 29.4 34.1 70.8 45.9 55.1 89.3 97.9 205.8 124.6 147.3 ECI ($/ft2-yr) $0.88 0.95 2.01 1.20 1.42 Analysis (PNNL, Richland, WA (US), March 2014), available at https://www.pnnl.gov/main/ publications/external/technical_reports/pnnl23236.pdf. E:\FR\FM\15MYP1.SGM 15MYP1 27791 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules TABLE IV.4—ESTIMATED ENERGY USE INTENSITY BY BUILDING TYPE—Continued [Standard 90.1–2013] Whole building EUI Floor area (percent) Building type Prototype Education ........................... Primary School ............................................ Secondary School ........................................ Outpatient Health Care ................................ Hospital ........................................................ Small Hotel .................................................. Large Hotel .................................................. Non-Refrigerated Warehouse ...................... Fast-Food Restaurant .................................. Sit-Down Restaurant .................................... Mid-Rise Apartment ..................................... High-Rise Apartment ................................... ...................................................................... Healthcare ......................... Lodging .............................. Warehouse ........................ Food Service ..................... Apartment .......................... National ............................. Table IV.5 presents the estimated energy savings (based on percent change in EUI) associated with Standard 90.1– Source EUI (kBtu/ft2-yr) Site EUI (kBtu/ft2-yr) 4.99 10.36 4.37 3.45 1.72 4.95 16.72 0.59 0.66 7.32 8.97 100 54.2 41.7 115.8 123.7 60.0 89.0 17.1 576.4 372.5 43.9 46.9 54.1 2013. Overall, the updated Standard is expected to increase the energy ECI ($/ft2-yr) 134.4 111.9 311.8 300.7 137.6 195.4 40.6 1001.9 713.5 124.8 114.4 136.2 1.28 1.08 3.00 2.85 1.29 1.81 0.38 8.78 6.41 1.21 1.08 1.30 efficiency of commercial buildings, as represented in Table IV.5. TABLE IV.5—QUANTITATIVE ANALYSIS FINDINGS Building type Savings in whole-building EUI (percent) Floor area (percent) Prototype Site EUI Office ................................. Retail ................................. Education ........................... Healthcare ......................... Lodging .............................. Warehouse ........................ Food Service ..................... Apartment .......................... TKELLEY on DSK3SPTVN1PROD with PROPOSALS National ............................. Small Office ................................................. Medium Office .............................................. Large Office ................................................. Stand-Alone Retail ....................................... Strip Mall ...................................................... Primary School ............................................ Secondary School ........................................ Outpatient Health Care ................................ Hospital ........................................................ Small Hotel .................................................. Large Hotel .................................................. Non-Refrigerated Warehouse ...................... Fast Food Restaurant .................................. Sit-Down Restaurant .................................... Mid-Rise Apartment ..................................... High-Rise Apartment ................................... ...................................................................... V. Preliminary Determination Statement Review and evaluation of the 2010 and 2013 editions of Standard 90.1 indicate that there are significant differences between the two editions. Qualitative analysis of the updated Standard reveals that a majority of the addenda are anticipated to result in significant energy savings. In addition, quantitative analysis of the Standard indicates source and site energy savings of 8.5 percent and 7.6 percent, respectively. DOE has rendered the preliminary conclusion that Standard 90.1–2013 will improve energy efficiency in commercial buildings, and, therefore, should receive an affirmative determination under Section 304(b) of ECPA. VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 5.61 6.05 3.33 15.25 5.67 4.99 10.36 4.37 3.45 1.72 4.95 16.72 0.59 0.66 7.32 8.97 100 VI. State Certification If today’s determination is finalized, each State would be required to review and update, as necessary, the provisions of its commercial building energy code to meet or exceed the provisions of the 2013 edition of Standard 90.1. (42 U.S.C. 6833(b)(2)(B)(i)) This action would be required not later than 2 years from the date of the final determination notice, unless an extension is provided. State Review and Update DOE recognizes that some States do not have a State commercial building energy code, or have a State code that does not apply to all commercial buildings. If local building energy codes regulate commercial building design and construction (rather than a State PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 Source EUI 11.0 7.4 1.4 13.9 8.8 8.1 12.6 3.6 5.6 5.7 8.0 6.0 2.6 3.0 5.4 6.9 7.6 11.0 7.5 2.4 12.8 10.2 11.0 14.1 3.9 6.4 7.5 10.2 6.1 4.7 3.9 5.1 8.4 8.5 ECI 11.0 7.5 2.5 12.6 10.5 11.5 14.4 3.9 6.5 7.9 10.7 6.1 5.3 4.2 5.0 8.7 8.7 code), the State must review and make all reasonable efforts to update, as authorized, those local codes to determine whether they meet or exceed the 2013 edition of Standard 90.1. States may base their certifications on reasonable actions by units of generalpurpose local government. Each such State must review the information obtained from the local governments, and gather any additional data and testimony in preparing its own certification. The applicability of any State revisions to new or existing buildings would be governed by the State building codes. States should be aware that the DOE considers high-rise (greater than three stories) multi-family residential buildings as commercial buildings for E:\FR\FM\15MYP1.SGM 15MYP1 27792 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules energy code purposes, as is consistent with the scope of Standard 90.1. Consequently, commercial buildings, for the purposes of certification, would include high-rise multi-family residential buildings, hotels, motels, and other transient residential building types of any height. TKELLEY on DSK3SPTVN1PROD with PROPOSALS State Certification Statements Section 304(b) of ECPA, as amended, requires each State to certify to the Secretary of Energy that it has reviewed and updated the provisions of its commercial building energy code regarding energy efficiency to meet or exceed the Standard 90.1–2013. (42 U.S.C. 6833(b)) The certification must include a demonstration that the provisions of the State’s commercial building energy code regarding energy efficiency meets or exceeds Standard 90.1–2013. If a State intends to certify that its commercial building energy code already meets or exceeds the requirements of Standard 90.1–2013, the State should provide an explanation of the basis for this certification (e.g., Standard 90.1–2013 is incorporated by reference in the State’s building code regulations). The chief executive of the State (e.g., the governor), or a designated State official (e.g., director of the State energy office, State code commission, utility commission, or equivalent State agency having primary responsibility for commercial building energy codes), would provide the certification to the Secretary. Such a designated State official would also provide the certifications regarding the codes of units of general purpose local government based on information provided by responsible local officials. The DOE Building Energy Codes Program tracks and reports State code adoption and certifications.9 Once a State has adopted a new commercial code, DOE typically provides software, training, and support for the new code as long as the new code is based on the national model code (i.e., ASHRAE Standard 90.1–2013). DOE recognizes that some States develop their own codes that are only loosely related to the national model codes, and DOE does not typically provide technical support for those codes. However, DOE does provide incentive funding (e.g., grants) to these States through the State Energy Program. DOE does not prescribe how each State adopts and enforces its energy codes. 9 Available at https://www.energycodes.gov/ adoption/states. VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 Requests for Extensions Section 304(c) of ECPA requires that the Secretary permit an extension of the deadline for complying with the certification requirements described above, if a State can demonstrate that it has made a good faith effort to comply with such requirements and that it has made significant progress toward meeting its certification obligations. (42 U.S.C. 6833(c)) Such demonstrations could include one or both of the following: (1) A plan for response to the requirements stated in Section 304; or (2) a statement that the State has appropriated or requested funds (within State funding procedures) to implement a plan that would respond to the requirements of Section 304 of ECPA. This list is not exhaustive. Requests are to be sent to the address provided in the ADDRESSES section above, or may be submitted to BuildingEnergyCodes@ ee.doe.gov. VII. Regulatory Review and Analysis Review Under Executive Orders 12866 and 13563 Today’s action is not a significant regulatory action under Section 3(f) of Executive Order 12866, ‘‘Regulatory Planning and Review’’ (58 FR 51735). Accordingly, today’s action was not reviewed by the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB). DOE has also reviewed this regulation pursuant to Executive Order 13563, issued on January 18, 2011. (76 FR 3281). Executive Order 13563 is supplemental to and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, ‘‘Proper Consideration of Small Entities in Agency Rulemaking’’ (67 FR 53461), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. (68 FR 7990) DOE has also made its procedures and PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 policies available on the Office of General Counsel Web site.10 DOE has reviewed today’s preliminary determination under the provisions of the Regulatory Flexibility Act and the procedures and policies published in February 2003. Once DOE finalizes this preliminary determination of improved energy efficiency, it would require States to undertake an analysis of their respective building codes. As such, the only entities directly regulated by this preliminary determination would be States. DOE does not believe that there will be any direct impacts on small entities, such as small businesses, small organizations, or small governmental jurisdictions. Based on the foregoing, DOE certifies that this preliminary determination would not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared a regulatory flexibility analysis for this preliminary determination. DOE’s certification and supporting statement of factual basis will be provided to the Chief Counsel for Advocacy of the Small Business Administration pursuant to 5 U.S.C. 605(b). Review Under the National Environmental Policy Act of 1969 Today’s action is covered under the Categorical Exclusion found in DOE’s National Environmental Policy Act regulations at paragraph A.6 of appendix A to subpart D, 10 CFR part 1021. That Categorical Exclusion applies to actions that are strictly procedural, such as rulemaking establishing the administration of grants. Today’s action is required by Title III of ECPA, as amended, which provides that whenever the Standard 90.1–1989, or any successor to that code, is revised, the Secretary must make a determination, not later than 12 months after such revision, whether the revised code would improve energy efficiency in commercial buildings and must publish notice of such determination in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) If the Secretary determines that the revision of Standard 90.1–1989, or any successor thereof, improves the level of energy efficiency in commercial buildings, then no later than 2 years after the date of the publication of such affirmative determination, each State is required to certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised or 10 Available at https://energy.gov/gc/office-generalcounsel. E:\FR\FM\15MYP1.SGM 15MYP1 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules TKELLEY on DSK3SPTVN1PROD with PROPOSALS successor code. (42 U.S.C. 6833(b)(2)(B)(i)) If the Secretary makes a determination that the revised Standard will not improve energy efficiency in commercial buildings, then State commercial codes shall meet or exceed the last revised Standard for which the Secretary has made a positive determination. (42 U.S.C. 6833(b)(2)(B)(ii)) Therefore, DOE has preliminarily determined that the Secretary’s determination is not a major Federal action that would have direct environmental impacts. Accordingly, DOE has not prepared an environmental assessment or an environmental impact statement. Review Under Executive Order 13132, ‘‘Federalism’’ Executive Order 13132 (64 FR 43255) imposes certain requirements on agencies formulating and implementing policies or regulations that pre-empt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has reviewed the statutory authority, and Congress found that: (1) Large amounts of fuel and energy are consumed unnecessarily each year in heating, cooling, ventilating, and providing domestic hot water for newly constructed residential and commercial buildings because such buildings lack adequate energy conservation features; (2) Federal voluntary performance standards for newly constructed buildings can prevent such waste of energy, which the Nation can no longer afford in view of its current and anticipated energy shortage; (3) The failure to provide adequate energy conservation measures in newly constructed buildings increases longterm operating costs that may affect adversely the repayment of, and security for, loans made, insured, or guaranteed by Federal agencies or made by federally insured or regulated instrumentalities; and (4) State and local building codes or similar controls can provide an existing means by which to ensure, in coordination with other building requirements and with a minimum of Federal interference in State and local transactions, that newly constructed buildings contain adequate energy conservation features. (42 U.S.C. 6831) Pursuant to Section 304(b) of ECPA, DOE is statutorily required to determine whether the most recent edition of Standard 90.1 would improve the level of energy efficiency in commercial VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 buildings as compared to the previous edition. If DOE makes a positive determination, the statute requires each State to certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised or successor codes. (42 U.S.C. 6833(b)(2)(B)(i)) Executive Order 13132 requires meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications unless funds necessary to pay the direct costs incurred by the State and local governments in complying with the regulation are provided by the Federal Government. (62 FR 43257) Pursuant to Section 304(e) of ECPA, the DOE Secretary is required to provide incentive funding to States to implement the requirements of section 304, and to improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with such codes. In determining whether, and in what amount, to provide incentive funding, the Secretary must consider the actions proposed by the State to implement the requirements of this section, to improve and implement residential and commercial building energy efficiency codes, and to promote building energy efficiency through the use of such codes. (See 42 U.S.C. 6833(e)) Therefore, consultation with States and local officials regarding this preliminary determination was not required. However, DOE notes that State and local governments were invited to participate in the development Standard 90.1–2013. The ASHRAE Standard is developed in a national, ANSI-approved consensus process open to the public, and in which State and local governments may participate, along with the general public. The updated Standard is the product of a series of amendments to the prior edition of the Standard, with each addendum made available for public review with any interested party having the ability to submit comments. Comments on the addendum are received, reviewed, and resolved through an established process commonly utilized in generating industry consensus standards. Members of the Standard 90.1 project committee have included representatives of State and local governments. DOE believes that this process has given State and local jurisdictions extensive opportunity to comment and express any concerns on Standard 90.1–2013, the subject of this preliminary determination. On issuance of a final determination that Standard 90.1–2013 would improve PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 27793 the energy efficiency of commercial buildings, ECPA requires each State to certify to the Secretary that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency to meet or exceed the requirements of Standard 90.1–2013. DOE notes that ECPA sets forth this requirement for States. (42 U.S.C. 6833(b)(2)(B)(i)) States are given broad freedom to either adopt Standard 90.1– 2013 or develop their own code that meets or exceeds Standard 90.1–2013. Review Under Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) generally requires Federal agencies to examine closely the impacts of regulatory actions on State, local, and tribal governments. Subsection 101(5) of Title I of that law defines a Federal intergovernmental mandate to include any regulation that would impose upon State, local, or tribal governments an enforceable duty, except a condition of Federal assistance or a duty arising from participating in a voluntary Federal program. Title II of that law requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and tribal governments, in the aggregate, or to the private sector, other than to the extent such actions merely incorporate requirements specifically set forth in a statute. Section 202 of that title requires a Federal agency to perform an assessment of the anticipated costs and benefits of any rule that includes a Federal mandate that may result in costs to State, local, or tribal governments, or to the private sector, of $100 million or more. Section 204 of that title requires each agency that proposes a rule containing a significant Federal intergovernmental mandate to develop an effective process for obtaining meaningful and timely input from elected officers of State, local, and tribal governments. Consistent with previous determinations, DOE has completed its review, and concluded that impacts on state, local and tribal governments are less than the $100 million threshold specified in the Unfunded Mandates Act. Accordingly, no further action is required under the Unfunded Mandates Reform Act of 1995. Documentation supporting this review is contained in Appendix D of the full Quantitative Analysis technical support document (TSD) 11 available at https:// 11 Halverson et al., ANSI/ASHRAE/IES Standard 90.1–2013 Preliminary Determination: Quantitative Analysis (PNNL, Richland, WA (US), March 2014), E:\FR\FM\15MYP1.SGM Continued 15MYP1 27794 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules www.energycodes.gov/regulations/ determinations. Review Under the Treasury and General Government Appropriations Act of 1999 Section 654 of the Treasury and General Government Appropriations Act of 1999 (Pub. L. 105–277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. Today’s action would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. Review Under the Treasury and General Government Appropriations Act of 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by the Office of Management and Budget (OMB). Both OMB and DOE have published established relevant guidelines (67 FR 8452 and 67 FR 62446, respectively). DOE has reviewed today’s action under the OMB and DOE guidelines, and has concluded that it is consistent with applicable policies in those guidelines. TKELLEY on DSK3SPTVN1PROD with PROPOSALS Review Under Executive Order 13211 Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ (66 FR 28355), requires Federal agencies to prepare and submit to the OMB a Statement of Energy Effects for any proposed significant energy action. A ‘‘significant energy action’’ is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of the OMB Office of Information and Regulatory Affairs (OIRA) as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use, should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on available at https://www.pnnl.gov/main/ publications/external/technical_reports/pnnl23236.pdf. VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 energy supply, distribution, and use. Today’s action would not have a significant adverse effect on the supply, distribution, or use of energy and is therefore not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. Review Under Executive Order 13175 Executive Order 13175, ‘‘Consultation and Coordination with Indian tribal Governments’’ (65 FR 67249), requires DOE to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ ‘‘Policies that have tribal implications’’ refers to regulations that have ‘‘substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.’’ Today’s action is not a policy that has ‘‘tribal implications’’ under Executive Order 13175. DOE has reviewed today’s action under Executive Order 13175 and has determined that it is consistent with applicable policies of that Executive Order. VIII. Public Participation DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this preliminary determination. Interested parties may submit comments, data, and other information using any of the methods described in the ADDRESSES section at the beginning of this notice. Submitting Comments via the Regulations.gov Web site The Regulations.gov Web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment. Any information that you do not want PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to Regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through Regulations.gov cannot be claimed as CBI. Comments received through the Web site will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section below. DOE processes submissions made through Regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that Regulations.gov provides after you have successfully uploaded your comment. Submitting Comments via Email, Hand Delivery/Courier, or Mail Comments and documents submitted via email, hand delivery, or mail also will be posted to Regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery/ courier, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, that are written in English, and that are free of any defects or viruses. Documents should not contain special characters or any form of encryption E:\FR\FM\15MYP1.SGM 15MYP1 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules and, if possible, they should carry the electronic signature of the author. Campaign Form Letters Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. TKELLEY on DSK3SPTVN1PROD with PROPOSALS Confidential Business Information According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery/courier two well-marked copies: One copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest. It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). Notification of Special Requests In preparation for future technical assistance activities, DOE is interested in public comments and additional information regarding the costs and benefits associated with the adoption and use of Standard 90.1, as a whole, and appropriate methodologies for assessing costs, benefits and costeffectiveness. As discussed in the VerDate Mar<15>2010 17:07 May 14, 2014 Jkt 232001 Methodology section of this document, DOE is directed to provide technical assistance to States to support implementation of State residential and commercial building energy efficiency codes. (42 U.S.C. 6833(d)) As part of its technical assistance role, DOE previously established a methodology by which it evaluates the cost effectiveness of energy codes (78 FR 47677). In the coming months, DOE intends to publish a request for information (RFI) to update this methodology, and to ensure DOE activities continue to remain in alignment with the national model code development processes. In particular, DOE will be interested in public comments identifying available and adequate sources of data to support national and State-level cost analysis, such as localized cost data and construction practices. DOE expects to use such input in updating its own costeffectiveness methodology, and in applying this methodology through technical assistance functions, including the evaluation of published model energy codes, as well as proposed changes. Issued in Washington, DC, on May 8, 2014. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2014–11218 Filed 5–14–14; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY 10 CFR Part 600 RIN 1991–AC02 Administrative Requirements for Grants and Cooperative Agreements Department of Energy. Notice of proposed rulemaking and opportunity for public comment. AGENCY: ACTION: The Department of Energy (DOE) is proposing to revise existing regulations covering the administrative requirements for grants and cooperative agreements with for-profit organizations. The proposed regulations would modify title provisions, and requirements related to the handling of real property and equipment acquired with federal funds. They would also add provisions related to export control requirements and supporting U.S. manufacturing, reporting on utilization of subject inventions, novation of financial assistance agreements, and changes of control of recipients. DATES: DOE will accept comments, data, and information regarding this notice of SUMMARY: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 27795 proposed rulemaking (NOPR) no later than July 14, 2014. ADDRESSES: Any comments submitted must identify this NOPR on Administrative Requirements for Grants and Cooperative Agreements, and provide regulatory information number (RIN) 1991–AC02. Comments may be submitted using any of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. 2. Email: DEARrulemaking@ hq.doe.gov. Include RIN 1991–AC02 in the subject line of the message. 3. Mail: U.S. Department of Energy, Office of Acquisition and Program Management, MA–611, 1000 Independence Avenue SW., Washington, DC 20585. Comments by email are encouraged. No faxes will be accepted. FOR FURTHER INFORMATION CONTACT: Ellen Colligan, Procurement Analyst, U.S. Department of Energy, Office of Acquisition and Project Management, Contract and Financial Assistance Policy Division MA–611, Telephone: (202) 287–1776. Email: ellen.colligan@ hq.doe.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Summary of Proposed Rule III. Procedural Requirements A. Review Under Executive Order 12866 and 13563 B. Review Under Executive Order 12988 C. Review Under the Regulatory Flexibility Act D. Review Under the Paperwork Reduction Act E. Review Under the National Environmental Policy Act F. Review Under Executive Order 13132 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 13211 J. Review Under the Treasury and General Government Appropriations Act, 2001 I. Background The Department makes substantial use of financial assistance awards (grants and cooperative agreements) to for-profit organizations to meet its mission goals. To manage these awards, the Department issued a rule adding subpart D, Administrative Requirements for Grants and Cooperative Agreements with For-Profit Organizations, to Title 10 of the Code of Federal Regulations effective October 1, 2003, published August 21, 2003 (68 FR 50646). Today the Department is proposing to add E:\FR\FM\15MYP1.SGM 15MYP1

Agencies

DEPARTMENT OF ENERGY

[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Proposed Rules]
[Pages 27778-27795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11218]

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

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2014-BT-DET-0009]
RIN 1904-AD27

Preliminary Determination Regarding Energy Efficiency
Improvements in ANSI/ASHRAE/IES Standard 90.1-2013: Energy Standard for
Buildings, Except Low-Rise Residential Buildings

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

ACTION: Notice of preliminary determination.

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

SUMMARY: The U.S. Department of Energy (DOE) has preliminarily
determined that the 2013 edition of the ANSI/ASHRAE/IES \1\ Standard
90.1:

[[Page 27779]]

Energy Standard for Buildings, Except Low-Rise Residential Buildings
would improve energy efficiency in buildings subject to the code
compared to the 2010 edition of Standard 90.1. DOE has preliminarily
determined that buildings built to Standard 90.1-2013, as compared with
buildings built to Standard 90.1-2010, would result in national source
energy savings of approximately 8.5 percent and site energy savings of
approximately 7.6 percent of commercial building energy consumption. If
this determination is finalized, States would be required to certify
that they have reviewed the provisions of their commercial building
code regarding energy efficiency, and, as necessary, updated their
codes to meet or exceed Standard 90.1-2013. Additionally, this notice
provides guidance to States on certifications and requests for
extensions of deadlines for certification statements.
---------------------------------------------------------------------------

\1\ American National Standards Institute (ANSI)/American
Society of Heating, Refrigerating, and Air-Conditioning Engineers
(ASHRAE)/Illuminating Engineering Society (IES).

DATES: Comments on the preliminary determination must be provided by
---------------------------------------------------------------------------
June 16, 2014.

ADDRESSES: Any comments submitted must identify provide docket number
EERE-2014-BT-DET-0009, or Regulatory Information Number (RIN), 1904-
AD27. Comments may be submitted using any of the following methods:
1. Federal eRulemaking Portal: Regulations.gov. Follow the
instructions for submitting comments.
2. Email: 2013ASHRAEstandard2014Det0009@ee.doe.gov. Include the
docket number and/or RIN in the subject line of the message.
3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Office, EE-5B, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. If possible, please submit all items on a
CD, in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section VIII of this
document (Public Participation).
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at Regulations.gov. All documents in the docket are listed in
the Regulations.gov index. However, some documents listed in the index,
such as those containing information that is exempt from public
disclosure, may not be publicly available.
A link to the docket Web page can be found at: https://www.energycodes.gov/regulations/determinations. This Web page will
contain a link to the docket for this notice on the Regulations.gov
site. The regulations.gov Web page will contain simple instructions on
how to access all documents, including public comments, in the docket.
See section VIII for further information on how to submit comments
through Regulations.gov.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact Ms. Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT:

Jeremiah Williams; U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, 1000 Independence Avenue SW., EE-5B,
Washington, DC 20585; (202) 287-1941; Jeremiah.Williams@ee.doe.gov.
For legal issues, please contact Ami Grace-Tardy; U.S. Department of
Energy, Office of the General Counsel, 1000 Independence Avenue SW.,
GC-71, Washington, DC 20585; (202) 586-5709; Ami.Grace-Tardy@hq.doe.gov.

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

I. Statutory Authority

Title III of the Energy Conservation and Production Act, as amended
(ECPA), establishes requirements for building energy conservation
standards, administered by the DOE Building Energy Codes Program. (42
U.S.C. 6831 et seq.) Section 304(b), as amended, of ECPA provides that
whenever the ANSI/ASHRAE/IESNA Standard 90.1-1989 (Standard 90.1-1989
or 1989 edition), or any successor to that code, is revised, the
Secretary of Energy (Secretary) must make a determination, not later
than 12 months after such revision, whether the revised code would
improve energy efficiency in commercial buildings, and must publish
notice of such determination in the Federal Register. (42 U.S.C.
6833(b)(2)(A)) The Secretary may determine that the revision of
Standard 90.1-1989, or any successor thereof, improves the level of
energy efficiency in commercial buildings. If so, then not later than 2
years after the date of the publication of such affirmative
determination, each State is required to certify that it has reviewed
and updated the provisions of its commercial building code regarding
energy efficiency with respect to the revised or successor code. (42
U.S.C. 6833(b)(2)(B)(i)) Each State must include in its certification a
demonstration that the provisions of its commercial building code,
regarding energy efficiency, meet or exceed the revised Standard. (42
U.S.C. 6833(b)(2)(B)(i))
If the Secretary makes a determination that the revised Standard
will not improve energy efficiency in commercial buildings, State
commercial codes shall meet or exceed the last revised Standard for
which the Secretary has made an affirmative determination. (42 U.S.C.
6833(b)(2)(B)(ii)) On October 19, 2011, DOE published a final
determination in the Federal Register updating the reference code to
Standard 90.1-2010. (76 FR 64904)
ECPA requires the Secretary to permit extensions of the deadlines
for the State certification if a State can demonstrate that it has made
a good faith effort to comply with the requirements of Section 304(c)
of ECPA and that it has made significant progress in doing so. (42
U.S.C. 6833(c)) DOE is also directed to provide technical assistance to
States to support implementation of State residential and commercial
building energy efficiency codes. (42 U.S.C. 6833(d))

II. Introduction

ASHRAE and IES approved the publication of the 2013 edition of
Energy Standard for Buildings Except Low-Rise Residential Buildings in
October 2013. The Standard is developed under ANSI-approved consensus
procedures,\2\ and is under continuous maintenance by a Standing
Standard Project Committee. ASHRAE has established a program for
regular publication of addenda, or revisions, including procedures for
timely, documented, consensus action on requested changes to the
Standard. ANSI approved the final addendum for inclusion in the 2013
edition in

[[Page 27780]]

September 2013. Standard 90.1-2013 was published in October 2013.\3\
More information on ANSI/ASHRAE/IES Standard 90.1-2013 is available at:
https://www.ashrae.org/resources-publications/bookstore/standard-90-1.
---------------------------------------------------------------------------

\2\ An overview of the ANSI consensus process is available at
https://www.ansi.org/standards_activities/domestic_programs/overview.aspx?menuid=3.
\3\ ASHRAE press release available at https://www.ashrae.org/news/2013/ashrae-ies-publish-2013-energy-standard-changes-for-envelope-lighting-mechanical-sections.
---------------------------------------------------------------------------

III. Methodology

In arriving at a preliminary determination, DOE reviewed all
changes between the 2013 and 2010 editions of Standard 90.1. Standard
90.1 is complex and covers a broad spectrum of the energy-related
components and systems in buildings, ranging from simpler commercial
buildings to more complex hospitals and laboratory facilities. Standard
90.1-2013 was developed through the same approach as the previous 2010
edition, which involves committee approval through a consensus process
consistent with ANSI procedures for developing industry standards. The
2013 edition contains no significant changes to the overall scope or
the structure of the Standard. As a result, DOE preliminarily
determined that the methodology used for the analysis of Standard 90.1-
2010 should again be utilized for the analysis of Standard 90.1-2013.

Overview of Methodology

The analysis methodology used by DOE contains both qualitative and
quantitative components. A qualitative comparison is undertaken to
identify textual changes between requirements in Standard 90.1-2013 and
Standard 90.1-2010, followed by a quantitative assessment of energy
savings conducted through whole-building simulations of buildings
constructed to meet the minimum requirements of each Standard over the
range of U.S. climates. A discussion of the analysis methodology, which
was developed through public comment in past DOE determinations, can be
found in the Notice of Preliminary Determination for Standard 90.1-2007
(75 FR 54117) and Notice of Preliminary Determination for Standard
90.1-2010 (76 FR 43298).
Consistent with its previous determinations, DOE compared overall
editions of Standard 90.1. DOE interprets the language in Section
304(b)(2) of ECPA to mean that when a comprehensive revision of the
ASHRAE Standard is published (which in this case is ASHRAE Standard
90.1-2013), then that revised or successor Standard triggers the
Secretary's obligation to issue a determination as to whether the
revised Standard improves energy efficiency in commercial buildings.
(See 42 U.S.C. 6833(b)(2)(A)) This determination is made by comparing
the revised or successor Standard to the last predecessor Standard.
While the continuous addenda review and update process is part of the
ongoing maintenance of the Standard, DOE does not interpret each
addendum update after the release of the full standard as an additional
``revised or successor standard'' requiring a determination by the
Secretary.

Consideration for Technological and Economic Factors

Section 304(b) of ECPA states that the Secretary is required to
make a determination as to whether any successor standard to ASHRAE
Standard 90.1-1989 will improve energy efficiency. (42 U.S.C.
6833(b)(2)(A)) Section 304 of ECPA does not include any reference to
economic justification.
Separate from the Secretary's determination under section 304(b),
section 307 of ECPA requires DOE to periodically review the economic
basis of the voluntary building energy codes and participate in the
industry process for review and modification, including seeking
adoption of all technologically feasible and economically justified
energy efficiency measures. (42 U.S.C. 6836(b)) DOE fulfills this
obligation in two ways. First, the ASHRAE process, in which DOE
participates, provides consideration for the feasibility and economics
of proposed addenda, with a defined methodology applied to test the
cost-effectiveness of individual addenda. Next, DOE performs
independent analysis of Standard 90.1 as part of its direction to
assist States implementing building energy codes. (ASHRAE consideration
for cost-effectiveness and technical assistance provided by DOE is
further explained below.)
The development of ASHRAE standards is based upon the ANSI
consensus process, which ensures participation by any interested party,
with representatives classified as producer (e.g., industry), user
(e.g., owners and designers), and general (e.g., government
representatives or other general interests) segments of the building
industry coming together to develop a consensus-based standard. DOE is
an active participant in this process, and provided technical support
to the development of the Standard through Pacific Northwest National
Laboratory (PNNL). This approach allows DOE to meet its statutory
obligation to participate in the industry process to review and modify
Standard 90.1, and to seek adoption of all technologically feasible and
economically justified energy efficiency measures. (42 U.S.C. 6836(b))
The ASHRAE development process requires extensive committee
deliberation and public review of each change to Standard 90.1,
including consideration for the cost-effectiveness of proposed changes.
One of the objectives considered by the committee developing Standard
90.1 is for the requirements of the Standard to be cost-effective for
use in the public and private sectors. In recent years, one of the
primary support functions provided by PNNL is assistance in the
development of cost-effectiveness analyses that are considered by the
development committee. Some proposed changes to the Standard do not
require a cost-effectiveness evaluation, such as the following:
Changes that do not add cost to the building or where the
added cost would be negligible;
Changes intending to clarify existing requirements of the
Standard or to improve compliance with existing requirements of the
Standard;
Changes to external references that are included in the
Standard; or
Changes that reflect Federal requirements, such as
appliance and commercial equipment standards.
When evaluating proposed changes to the Standard where an
additional cost to the building is anticipated, Standard 90.1 uses a
defined methodology known as the Scalar Method \4\ to ensure that
Standard 90.1 is cost effective. This method is based on ASTM Standard
E917--Standard Practice for Measuring Life-Cycle Costs of Buildings and
Building Systems. Standard 90.1 has simplified the life-cycle cost
(LCC) model in ASTM Standard E917 by condensing the economic variables
into a single variable called the Scalar Ratio, which is simply a ratio
of economic present worth factors. A maximum scalar ratio of 21.9,
corresponding to a measure life of 40 years was used in the development
of Standard 90.1-2013. This ratio is mathematically equivalent to a LCC
analysis using the following parameters:
---------------------------------------------------------------------------

\4\ M.F. McBride, ``Development of Economic Scalar Ratios for
ASHRAE Standard 90.1 R,'' (presented at the Thermal Performance of
the Exterior Envelopes of Buildings VI, ASHRAE, 1995), available at
https://consensus.fsu.edu/FBC/2010-Florida-Energy-Code/901_Scalar_Ratio_Development.pdf .

[[Page 27781]]

Table III.1--ASHRAE Scalar Ratio Economic Parameters
------------------------------------------------------------------------
Parameter Rate (percent)
------------------------------------------------------------------------
Economic Life.......................... Up to 40 years.
Loan Interest Rate..................... 6.25.
Heating Fuel Escalation Rate........... 3.76.
Cooling Fuel Escalation Rate........... 3.76.
Federal Tax Rate....................... 34.
State Tax Rate......................... 6.5.
Nominal Discount Rate.................. 7.
Real Discount Rate..................... 6.05.
------------------------------------------------------------------------

The above economic parameters are vetted and updated by ASHRAE at
the beginning of each three-year Standard 90.1 development cycle. If
the scalar ratio for a particular measure is less than the scalar ratio
limit established by the measure life and the parameters presented
above, then the measure is considered cost-effective. The scalar ratio
for a proposal is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TP15MY14.008

It should be noted that Standard 90.1 evaluates the cost-
effectiveness of individual addenda, as applicable, but does not
evaluate the cost-effectiveness of the Standard as a whole. However,
this information is often desired by States to inform processes to
update State energy codes. To address this need, and as part of DOE's
direction to provide technical assistance to support the implementation
of State energy efficiency codes (42 U.S.C. 6833(d)), DOE has worked
with States to help them understand the energy and economic impacts
associated with updated model energy codes. This approach allows DOE
and the States to identify and collect necessary data, as available,
and work with individual States to understand localized costs,
construction practices, and unique State scenarios. DOE provided such
State-level cost-effectiveness analysis for States considering adoption
of recent editions of Standard 90.1,\5\ and plans to provide similar
analysis for the 2013 edition by December 31, 2014.
---------------------------------------------------------------------------

\5\ Thornton et al., Cost-Effectiveness of ASHRAE Standard 90.1-
2010 Compared to ASHRAE Standard 90.1-2007 (PNNL, Richland, WA (US),
November 2013), available at https://www.pnnl.gov/main/publications/external/technical_reports/pnnl-22972.pdf.
---------------------------------------------------------------------------

In preparation for future technical assistance activities, DOE is
interested in receiving stakeholder feedback on the Department's
practice of providing cost-effectiveness analysis to support State
energy code adoption. DOE has issued past requests for information to
guide the Department in establishing an appropriate methodology for
evaluating the cost effectiveness of building energy codes (78 FR
47677), and expects to update this method to ensure its assumptions and
economic criteria remain valid and adequate for States considering
adoption of model building energy codes. DOE is specifically requesting
public comments and additional information regarding the costs and
benefits of the use of Standard 90.1-2013, as a whole, and appropriate
methodologies for assessing costs, benefits, and cost-effectiveness in
the Public Participation section of this notice.

IV. Summary of Findings

In performing its preliminary determination, DOE performed both a
qualitative and quantitative analysis of the requirements contained in
the updated edition of Standard 90.1. The chosen methodology for these
analyses is consistent with recent determinations actions, and provides
a reasonable assessment of how the Standard will impact energy savings
in commercial buildings. A summary of the analyses supporting DOE's
preliminary determination is outlined in the following sections.

Qualitative Analysis

DOE performed a comparative analysis of the textual requirements of
Standard 90.1-2013, examining the specific changes (addenda) made
between Standard 90.1-2010 and Standard 90.1-2013. ASHRAE publishes
changes to its standards as individual addenda to the preceding
Standard, and then bundles all addenda together to form the next
published edition. In creating the 2013 edition, ASHRAE processed 110
total addenda. DOE evaluated each of these addenda in preparing this
preliminary determination.
Overall, DOE found that the vast majority of changes in creating
Standard 90.1-2013 were positive (i.e., increased energy savings) or
neutral (i.e., no direct impact on energy savings). Positive changes
significantly outweigh any changes with a negative effect on energy
efficiency in commercial buildings. Of the 110 total changes:
52 were considered positive;
53 were considered neutral; and
5 were considered negative.
Table IV.1 presents the findings resulting from the qualitative
analysis, along with a description of the change, as well as an
assessment of the anticipated impact on energy savings in commercial
buildings. The full qualitative analysis is presented in a separate
technical support document (TSD),\6\ available at https://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------

\6\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Preliminary Determination: Qualitative Analysis (PNNL, Richland, WA
(US), March 2014), available at https://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23198.pdf.

[[Page 27782]]

Table IV.1--Qualitative Analysis Findings
----------------------------------------------------------------------------------------------------------------
Impact on energy
No. Addendum to Standard Sections affected Description of changes efficiency
90.1-2010 within the Standard (justification)
----------------------------------------------------------------------------------------------------------------
1.................. 90.1-2010a 10. Other Equipment Specifies that nominal Neutral (simply
and 12. Normative efficiencies for specifies alternate
References. motors are required to rating standard).
be established in
accordance with DOE 10
CFR 431 instead of
National Electrical
Manufacturers
Association (NEMA)
Standards. Modifies
the footnotes to
Tables 10.8A, 10.8B,
10.8C (now Tables 10.8-
1, 10.8-2, and 10.8-3
in Standard 90.1-
2013). The
corresponding
reference for 10 CFR
431 has also been
added.
2.................. 90.1-2010b 10. Other Equipment Requires escalators and Minor + (reduces
and 12. Normative moving walks to escalator and
References. automatically slow moving walkway
when not conveying energy).
passengers. The
corresponding
reference to American
Society of Mechanical
Engineers (ASME) A17.1/
CSA B44 has also been
added to the Normative
References.
3.................. 90.1-2010c Appendix G.......... Adds requirements for Neutral (whole
laboratory exhaust building
fans to Section performance
G3.1.1, Baseline HVAC tradeoff method
System Type and only).
Definition. Lab
exhaust fans are
required to be modeled
as constant
horsepower, reflecting
constant volume stack
discharge with outside
air bypass.
4.................. 90.1-2010e Appendix G.......... Updates language in Neutral (whole
Section G3.1, part 5, building
``Building Envelope,'' performance
to require that tradeoff method
existing buildings use only).
the same envelope
baseline as new
buildings with the
exception of
fenestration area.
5.................. 90.1-2010f Appendix G.......... Modifies Section G.3.1, Neutral (whole
``Building Envelope.'' building
Specifies the vertical performance
fenestration area for tradeoff method
calculating baseline only).
building performance
for new buildings and
additions.
6.................. 90.1-2010g 6. Heating, Adds efficiency Neutral (adopts
Ventilating, and requirements for Federal standards).
Air-Conditioning commercial
and 12. Normative refrigerators,
References. freezers, and
refrigeration
equipment. Table
6.8.1L and Table
6.8.1M (now Tables
6.8.1-12 and 6.8.1-13
in Standard 90.1-2013)
have been added, which
specify the energy use
limits for
refrigerators and
freezers. The
corresponding
references have also
been added in Chapter
12.
7.................. 90.1-2010h 6. Heating, Modifies the minimum Minor + (increases
Ventilating, and efficiency standards stringency of
Air-Conditioning. for water-to-air heat existing
pumps (water loop, requirements).
ground water, and
ground loop). The
proposed cooling
energy efficiency
ratios (EERs) and
heating coefficients
of performance are
more stringent than
the present values.
Also removes the small
duct high velocity
heat pump product
class from Table
6.8.1B (now Table
6.8.1-2 in Standard
90.1-2013).
8.................. 90.1-2010i 6. Heating, Increases the minimum Minor + (increases
Ventilating, and efficiency standards stringency of
Air-Conditioning for single-package existing
and 3. Definitions. vertical air requirements).
conditioners (SPVAC)
and single-package
vertical heat pumps
(SPVHP). Also creates
a new product class
for SPVAC and SPVHP
used in space-
constrained
applications. This new
product class only
applies to non-
weatherized products
with cooling
capacities <36,000
British thermal units
per hour (Btu/h) and
intended to replace an
existing air-
conditioning (AC) unit.
9.................. 90.1-2010j 6. Heating, Modifies the minimum Minor--(due to
Ventilating, and efficiency correction of an
Air-Conditioning. requirements of error in the
evaporatively cooled previous Standard).
units, of size
category 240,000 Btu/h
to 760,000 Btu/h and
heating type-other, in
Table 6.8.1A (now
Table 6.8.1-1 in
Standard 90.1-2013).
The value is reduced
to account for
increased pressure
drop in such system
types. The product
class, small duct high
velocity air
conditioner, has been
eliminated.
10................. 90.1-2010k 8. Power and 12. Modifies notes to Table Neutral (simply
Normative 8.1 and specifies that specifies
References. nominal efficiencies alternative rating
would be established standard).
in accordance with the
10 CFR 431 test
procedure for low-
voltage dry-type
transformers. The
corresponding
references have also
been added in Chapter
12.

[[Page 27783]]

11................. 90.1-2010l 6. Heating, Clarifies fan power Neutral (editorial
Ventilating, and limitations contained correction).
Air-Conditioning. in Standard 90.1-2010
that required the user
to perform
calculations for fan
brake horsepower (bhp)
even if the simplified
nameplate horsepower
(hp) option was being
used.
12................. 90.1-2010m 9. Lighting......... Adds some control Major + (adds
requirements for control
lighting alterations, requirements for
for interior and lighting
exterior applications. alterations).
Adds a section for
submittals and
includes loading docks
as a tradable surface.
Modifies the
provisions for
additional interior
lighting power, which
would now be
calculated on the
basis of controlled
wattage.
13................. 90.1-2010n 10. Other Equipment. Clarifies that the Neutral
total lumens per watt (clarification
for the entire only).
elevator cab is
required to meet the
efficiency requirement
and that each
individual light
source is not required
to meet the lumens per
watt value.
14................. 90.1-2010o 5. Building Envelope Adds the definition for Minor + (reduces air
and 3. Definitions. sectional garage leakage in glazed
doors. Also modifies sectional garage
Section 5.4.3.2 (d), doors).
``fenestration air
leakage provisions for
doors,'' to include
requirements for
glazed sectional
garage doors.
15................. 90.1-2010p 5. Building Envelope Modifies Section Neutral (simply
and 12. Normative 5.5.3.1 and requires specifies an
References. roof solar reflectance alternative rating
and thermal emittance standard).
testing to be in
accordance with Cool
Roof Rating Council
(CRRC)-1 Standard.
Also modifies Section
12 by adding the
reference for CRRC.
16................. 90.1-2010q 5. Building Modifies Section 3 by Neutral
Envelope, 3. changing the (clarification
Definitions, and definition of dynamic only).
12. Normative glazing to include
References. glazing systems or
infill as well as
shading systems
between glazing layers
and chromogenic
glazing. Also modifies
Section 5.8.2.2 by
clarifying the
requirements for
labeling of
fenestration and door
products. The
corresponding
references to National
Fenestration Rating
Council (NFRC) in
Chapter 12 have also
been updated.
17................. 90.1-2010r Appendix G and 12. Clarifies the Neutral (whole
Normative requirements related building
References. to temperature and performance
humidity control in tradeoff method
Appendix G and only).
relocates all related
wording to the
``Schedules'' section
of Table 3.1.
Additionally, clarity
is provided for
modeling systems that
provide occupant
thermal comfort via
means other than
directly controlling
the air dry-bulb and
wet-bulb temperature
(i.e., radiant cooling/
heating, elevated air
speed, etc.). Permits
the use of ASHRAE
Standard 55 for
calculation of
Predicted Mean Vote-
Predicted Percentage
Dissatisfied (PMV-
PPD). Also updates the
Normative References
by including a
reference to ASHRAE
Standard 55-2010.
18................. 90.1-2010s 6. Heating, Modifies the Minor + (ensures
Ventilating, and requirement for the savings from static
Air-Conditioning. static pressure sensor pressure reset are
location and the achieved).
control requirements
for setpoint reset for
systems with direct
digital control (DDC)
of individual zones.
Ensures that savings
from previously
required static
pressure reset will be
realized.
19................. 90.1-2010u 6. Heating, Adds new definition as Major + (applies new
Ventilating, and Fan Efficiency Grade requirements to
Air-Conditioning, (FEG) and requires individual fans).
3. Definitions, and each fan have a FEG of
12. Normative 67 or higher as
References. defined by Air
Movement and Control
Association (AMCA) 205-
10, ``Energy
Efficiency
Classification for
Fans.''.
20................. 90.1-2010v 8. Power............ Clarifies the Neutral
requirement for (clarification
controlled receptacles only).
in open offices
applications by
changing the
requirement to the
workstations
themselves. Also
requires the
automatically
controlled receptacles
to be appropriately
identified for the
user's benefit.
21................. 90.1-2010w 3. Definitions, 11. Adds definitions for on- Neutral (whole
Energy Cost Budget site renewable energy building
Method, and and purchased energy. performance
Appendix G. Clarifies the process tradeoff method
for accounting for on- only).
site renewable energy
and purchased energy
as well as calculating
the annual energy
costs in the ECB
approach and Appendix
G.

[[Page 27784]]

22................. 90.1-2010y 3. Definitions and Revises the definitions Neutral (adopts
10. Other Equipment. of general purpose Federal standards).
electric motors
(subtype I & II) based
on information from
NEMA. Also updates the
Standard to include
the new Federal energy
efficiency standards
used in HVAC
equipment, to be in
effect from 2015. Adds
Table 10.8D (now Table
10.8-4 in Standard
90.1-2013), which
specifies minimum
average full-load
efficiency for
Polyphase Small
Electric Motors; and
Table 10.8E (now Table
10.8-5 in Standard
90.1-2013), which
specifies minimum
average full-load
efficiency for
Capacitor-Start
Capacitor-Run and
Capacitor-Start
Induction-Run Small
Electric Motors.
23................. 90.1-2010z 6. Heating, Relocates the Neutral (editorial
Ventilating, and requirements for water only).
Air-Conditioning. economizers into the
main economizer
section, Section
6.5.1.5.
24................. 90.1-2010aa 6. Heating, Eliminates the Minor + (requires
Ventilating, and contingency on DDC additional HVAC
Air-Conditioning system existence for controls).
and 3. Definitions. setpoint overlap
restrictions,
humidification and
dehumidification
controls, variable air
volume (VAV) fan
control setpoint
reset, multiple-zone
VAV system ventilation
optimization control,
hydronic system
differential pressure
reset by valve
position. Instead
specifies for what
system types or sizes
DDC is required in new
buildings and
alterations. Also
specifies minimal
functional
requirements for DDC
systems. (Prior to
this addendum certain
controls requirements
were only required
when the controls were
provided by a DDC
system.).
25................. 90.1-2010ad 12. Normative Adds reference to Neutral (updates
References. specific addenda to references only).
Air-Conditioning,
Heating, and
Refrigeration
Institute (AHRI)
standards 340/360 and
1230 being referenced.
26................. 90.1-2010ae 12. Normative Adds reference to Neutral (updates
References. specific addenda to references only).
AHRI standards 210/240
and 550/590 being
referenced.
27................. 90.1-2010af 6. Heating, Modifies heat rejection Minor + (reduces
Ventilating, and equipment (cooling cooling tower
Air-Conditioning. tower) requirements to energy usage).
require that variable
speed drive controlled
fans operate all fans
at the same speed
instead of sequencing
them, and require that
open-circuit towers
with multiple cells
operate all cells in
parallel down to 50%
of design flow.
28................. 90.1-2010ag Appendix G and 12. Establishes a method Neutral (whole
Normative for gaining credit in building
References. Appendix G for performance
buildings that undergo tradeoff method
whole building air only).
leakage testing to
demonstrate that they
have an airtight
building.
29................. 90.1-2010ah Appendix G.......... Sets system sizing Neutral (whole
requirements in building
Appendix G for humid performance
climates based on tradeoff method
humidity ratio instead only).
of supply air
temperature
differential. Sets
baseline system
dehumidification
requirements.
30................. 90.1-2010ai Appendix G.......... Modifies Appendix G to Neutral (whole
account for three building
prescriptive addenda performance
that were incorporated tradeoff method
into Standard 90.1- only).
2010, but did not make
it into Appendix G in
time for publication.
Updates economizer
requirements to match
addendum cy,
establishes baseline
transformer efficiency
requirements to match
addendum o, and
establishes path A for
centrifugal chiller
baselines from
addendum m.
31................. 90.1-2010aj 6. Heating, Requires fractional Minor + (reduces
Ventilating, and horsepower motors >=\1/ fractional
Air-Conditioning. 12\ hp to be horsepower motor
electronically energy usage).
commutated motors or
have a minimum 70%
efficiency in
accordance with DOE 10
CFR 431. Also requires
adjustable speed or
other method to
balance airflow.
32................. 90.1-2010al Appendix G.......... Establishes a Neutral (whole
consistent fuel source building
for space heating for performance
baseline systems based tradeoff method
on climate zone. only).
Establishes a
consistent fuel source
for service water
heating (SWH) based on
building type.
33................. 90.1-2010am 6. Heating, Establishes minimum Major + (reduces
Ventilating, and turndown for boilers energy usage for
Air-Conditioning. and boiler plants with large boilers).
design input power of
at least 1,000,000 Btu/
h.
34................. 90.1-2010an Appendix C.......... Rewrites entire Neutral (alternative
Appendix C to use a compliance method
simulation based only).
approach for envelope
tradeoffs.

[[Page 27785]]

35................. 90.1-2010ap 6. Heating, Adds power usage Neutral (alternative
Ventilating, and effectiveness (PUE) as compliance method
Air-Conditioning an alternative only).
and 3. Definitions. compliance methodology
for data centers.
36................. 90.1-2010aq 6. Heating, Expands the Major + (reduces fan
Ventilating, and requirements for fan energy usage).
Air-Conditioning speed control for both
and 11.Energy Cost chilled water and
Budget. unitary direct
expansion systems. In
addition enhances the
requirements for
integrated economizer
control and defines
direct expansion unit
capacity staging
requirements.
37................. 90.1-2010ar 6. Heating, Adds mandatory and Neutral (adopts
Ventilating, and prescriptive Federal standards).
Air-Conditioning requirements for walk-
and 3. Definitions. in coolers and
freezers and
refrigerated display
cases.
38................. 90.1-2010as 6. Heating, Requires humidifiers Minor + (reduces
Ventilating, and mounted in the humidification
Air-Conditioning. airstream to have an energy usage).
automatic control
valve shutting off
preheat when
humidification is not
required, and
insulation on the
humidification system
dispersion tube
surface. (Avoidance of
simultaneous heating
and cooling at air-
handling unit.).
39................. 90.1-2010at 3. Definitions, 5. Deletes the term Neutral
Building Envelope, ``clerestory'' and (clarification
and 9. Lighting. instead adds ``roof only).
monitor'' and
clarifies the
definition. Changes
the references in
Chapters 5 and 9 from
clerestory to roof
monitor.
40................. 90.1-2010au 6. Heating, Modifies Table Minor + (restricts
Ventilating, and 6.5.3.1.1B, which sound attenuation
Air-Conditioning. addresses fan power credit and adds
limitation pressure deductions for
drop adjustment certain systems).
credits. Deductions
from allowed fan power
are added for systems
without any central
heating or cooling as
well as systems with
electric resistance
heating. Sound
attenuation credit is
modified to be
available only when
there are background
noise criteria
requirements.
41................. 90.1-2010av 6. Heating, Modifies Section 6.5.1, Minor + (reduces
Ventilating, and exception k, number of
Air-Conditioning. applicable to Tier IV exceptions).
data centers, to make
economizer exceptions
more stringent and in
agreement with ASHRAE
TC 9.9.
42................. 90.1-2010aw 11. Energy Cost Updates the reference Neutral (whole
Budget and Appendix year for ASHRAE building
G. Standard 140 and performance
exempts software used tradeoff method
for ECB and Appendix G only).
compliance from having
to meet certain
sections of ASHRAE
Standard 140.
43................. 90.1-2010ax Appendix G.......... Modifies Table G3.1, Neutral (whole
Part 14 of Appendix G building
to exclude the performance
condition that permits tradeoff method
a building surface, only).
shaded by an adjacent
structure, to be
simulated as north
facing if the
simulation program is
incapable of
simulating shading by
adjacent structures.
44................. 90.1-2010ay 3. Definitions and Modifies daylighting Minor + (requires
9. Lighting. requirements. Modifies additional
definitions for controls).
daylight area under
skylights, daylight
area under roof
monitors, primary
sidelight area, and
secondary sidelight
area. Changes the
criterion for applying
automatic daylighting
control for
sidelighting and
toplighting to a
controlled lighting
power basis and
provides
characteristics for
the required photo
controls. Adds control
requirements for
secondary sidelighted
areas. Modifies Table
9.6.2 to include
continuous dimming in
secondary sidelighted
areas, which is now
based on an installed
wattage rather than
area of the space.
Eliminates the need
for effective aperture
calculation.
45................. 90.1-2010az 6. Heating, Increases the minimum Minor + (increase
Ventilating, and efficiency of open efficiency of
Air-Conditioning. circuit axial fan cooling towers).
cooling towers. An
additional requirement
has been added for all
types of cooling
towers which states
that the minimum
efficiency
requirements applies
to the tower including
the capacity effect of
accessories which
affect thermal
performance. An
additional footnote
clarifies that the
certification
requirements do not
apply to field erected
cooling towers.
46................. 90.1-2010ba 6. Heating, Adds requirements for Minor + (reduces
Ventilating, and door switches to heating and cooling
Air-Conditioning. disable or reset when doors are left
mechanical heating or open).
cooling when doors
without automatic door
closers are left open.

[[Page 27786]]

47................. 90.1-2010bb 3. Definitions, 5. Modifies the building Major + (increases
Building Envelope, envelope requirements stringency of
11. Energy Cost for opaque assemblies building envelope
Budget Method, and and fenestration in requirements).
Appendix A. tables 5.5.1 through
5.5.8. Adds and
modifies text in
Section 5. Adds new
visible transmittance
(VT) requirement
through Section
5.5.4.5. Also updates
the NFRC 301
reference, references
in Section 11, and
modifies two metal
building roof
assemblies in Table
A2.3.
48................. 90.1-2010bc 9. Lighting......... Modifies requirements Minor + (requires
for automatic lighting automatic control
control for guestroom of lighting and
type spaces. switched
Exceptions to this receptacles in
requirement are hotel rooms).
lighting and switched
receptacles controlled
by captive key systems.
49................. 90.1-2010bd 9. Lighting......... Adds more specific Minor + (improves
requirements for the functional testing
functional testing of of lighting
lighting controls, controls).
specifically,
occupancy sensors,
automatic time
switches, and daylight
controls.
50................. 90.1-2010be 9. Lighting......... Makes minor revisions Neutral
to Section 9.7.2.2, (clarification
which addresses the only).
scope of the operating
and maintenance
manuals required for
lighting equipment and
controls.
51................. 90.1-2010bf 8. Power............ Addresses Section 8.4.2 Minor + (reduces
on automatic plug loads).
receptacle control and
increases the spaces
where plug shutoff
control is required.
Clarifies the
application of this
requirement for
furniture systems,
lowers the threshold
for turn off from 30
to 20 minutes, states
a labeling requirement
to distinguish
controlled and
uncontrolled
receptacles and
restricts the use of
plug-in devices to
comply with this
requirement.
52................. 90.1-2010bg 5. Building Envelope Adds low-emissivity Minor + (requires
(low-E) requirements low-E storm windows
for storm window in retrofits).
retrofits.
53................. 90.1-2010bh 9. Lighting......... Modifies Table 9.6.1 Minor + (overall
Space-By-Space lighting power
Lighting Power Density densities are
allowance. reduced).
54................. 90.1-2010bi 6. Heating, Increases seasonal Minor + (increases
Ventilating, and energy efficiency stringency of
Air-Conditioning. ratio and heating existing
seasonal performance requirements).
factor for air-cooled
commercial air
conditioners and heat
pumps below 65,000 Btu/
h. (Effective 1/1/
2015).
55................. 90.1-2010bj 6. Heating, Re-establishes the Neutral (re-
Ventilating, and product class for establishes
Air-Conditioning. small duct high efficiency
velocity air requirements that
conditioners and heat do not meet the
pumps. Adds efficiency level of Federal
requirements for standards).
systems at <65.000 Btu/
h below level of
current Federal
standards.
56................. 90.1-2010bk 6. Heating, Increases cooling Minor + (increases
Ventilating, and efficiency for stringency of
Air-Conditioning. packaged terminal air existing
conditioners. requirements).
57................. 90.1-2010bl 11. Energy Cost Provides rules for Neutral (whole
Budget and Appendix removing fan energy building
G. from efficiency performance
metrics when modeling tradeoff method
in ECB or Appendix G. only).
58................. 90.1-2010bn 8. Power and 10. Establishes electric Neutral (metering by
Other Equipment. and fuel metering itself does not
requirements. save energy).
59................. 90.1-2010bo 7. Service Water Requires buildings with Minor + (requires
Heating. SWH capacity large new gas SWH
>=1million Btu/h to systems to have
have average thermal higher average
efficiency of at least efficiency).
90%. Updates Table 7.8
to reflect Federal
requirements for
electric water
heaters. Updates the
reference standard for
swimming pool water
heaters to ASHRAE
Standard 146.
60................. 90.1-2010bp 6. Heating, Adds efficiency Minor + (adds
Ventilating, and requirements (Btu/h- efficiency
Air-Conditioning hp) to Table 6.8.1G requirements for
and 12. Normative (now Table 6.8.1-7 in new products).
References. Standard 90.1-2013)
for evaporative
condensers with
ammonia refrigerants.
61................. 90.1-2010bq 6. Heating, Adds prescriptive Major + (adds new
Ventilating, and requirements for the efficiency
Air-Conditioning efficiency and requirements for
and 3. Definitions. improved control of commercial
commercial refrigeration).
refrigeration systems.
62................. 90.1-2010br 10. Other Equipment. Updates motor Neutral (implements
efficiency tables. Federal standards).
63................. 90.1-2010bs 6. Heating, Reduces occupancy Minor + (reduces
Ventilating, and threshold for demand ventilation energy
Air-Conditioning. controlled ventilation usage).
from greater than 40
people per 1000 ft \2\
to equal to or greater
than 25 people per
1000 ft \2\ with
exemptions for certain
occupancies.

[[Page 27787]]

64................. 90.1-2010bt 6. Heating, Reduces the system size Minor + (expands the
Ventilating, and and outdoor air use of exhaust air
Air-Conditioning. thresholds at which energy recovery to
energy recovery is lower percent
required. (Relaxed in outdoor air).
some climate zones).
65................. 90.1-2010bv 5. Building Envelope Reduces the area Minor + (reduces
threshold at which lighting energy
skylights and usage).
daylighting controls
are required.
66................. 90.1-2010bw 5. Building Envelope Modifies orientation Minor + (provides
and 11. Energy Cost requirements and adds design
Budget Method. solar heat gain flexibility).
coefficient tradeoff.
67................. 90.1-2010bx 9. Lighting......... Clarifies exceptions to Neutral
occupancy sensor (clarification
requirements. only).
68................. 90.1-2010by 9. Lighting......... Significantly modifies Major + (requires
the way requirements more controls in
are presented in more spaces and
Section 9. Requires reduces time to
the use of certain reduction or
lighting controls in shutoff).
more space types.
Reduces the amount of
time after occupants
vacate a space for
lights to be
automatically reduced
or shut off.
Establishes table of
lighting controls
applicable to each
space type.
69................. 2007 90.1bz 8. Power............ Adds a Section 8.4.2, Neutral (metering by
which specifies itself does not
requirements for save energy).
installation of basic
electrical metering of
major end uses (total
electrical energy,
HVAC systems, interior
lighting, exterior
lighting and
receptacle circuits)
to provide basic
reporting of energy
consumption data to
building occupant.
70................. 90.1-2010ca 6. Heating, Adds control Minor + (reduces
Ventilating, and requirements for vestibule heating
Air-Conditioning. heating systems in energy usage).
vestibules.
71................. 90.1-2010cb 6. Heating, Revises night setback Minor + (expands
Ventilating, and requirements to a heating and cooling
Air-Conditioning. reset of 10 [deg]F setbacks).
heating and 5 [deg]F
cooling and removes
exceptions for climate
zones. Changes optimum
start requirement from
>10,000 cubic feet per
minute to any DDC
system and adds a
requirement that
outside air
temperature be used in
optimum algorithms.
72................. 90.1-2010cc 6. Heating, Adds efficiency Minor + (adds
Ventilating, and requirements (Btu/h- efficiency
Air-Conditioning. hp) to Table 6.8.1G requirements for
(now Table 6.8.1-7 in new products).
Standard 90.1-2013)
for evaporative
condensers with R-507A.
73................. 90.1-2010cd 6. Heating, Provides definition for Neutral (editorial
Ventilating, and ``piping'' to include only).
Air-Conditioning, all accessories in
7. Service Water series with pipe such
Heating, and 3. as pumps, valves,
Definitions. strainers, air
separators, etc. This
is meant to clarify
that these accessories
need to be insulated.
74................. 90.1-2010ce Appendix G.......... Establishes a baseline Neutral (whole
system type for retail building
occupancies less than performance
three stories in tradeoff method
Appendix G. only).
75................. 90.1-2010cf Appendix G.......... Establishes baseline Neutral (whole
window-to-wall ratio building
in Appendix G for performance
strip malls. tradeoff method
only).
76................. 90.1-2010cg 11. Energy Cost Modifies the simulation Neutral (whole
Budget and Appendix requirements for building
G. modeling mandatory performance
automatic daylighting tradeoff method
controls as well as only).
automatic lighting
controls. Also
modifies the
simulation
requirements for
automatic lighting
controls in the
proposed design,
beyond the minimum
mandatory
requirements. Table
G3.2, which provided
power adjustment
percentages for
automatic lighting
controls, has been
deleted and savings
through automatic
control devices are
now required to be
modeled in building
simulation through
schedule adjustments
for the proposed
design or by lighting
power adjustments
defined in Table 9.6.3.
77................. 90.1-2010ch 6. Heating, Increases air- and Minor + (increases
Ventilating, and water-cooled chiller stringency of
Air-Conditioning. efficiencies in Table existing
6.8.1C (now Table requirements).
6.8.1-3 in Standard
90.1-2013). Exempts
water-cooled positive
displacement chillers
with leaving condenser
temperature >= 115
[deg]F (typically heat
reclaim chillers).

[[Page 27788]]

78................. 90.1-2010ci 3. Definitions, 11. Modifies requirements Neutral (whole
Energy Cost Budget, for the cooling tower building
and Appendix G. fans in Chapter 11 performance
baseline simulations, tradeoff method
from two-speed to only).
variable speed. A
formula has been
specified to calculate
the condenser water
design supply
temperature. Similar
revisions have been
made to Appendix G for
the cooling tower
requirements.
Definitions for
cooling design wet-
bulb temperature and
evaporation design wet-
bulb temperature have
been added to Chapter
3.
79................. 90.1-2010cj Appendix G.......... Creates modeling rules Neutral (whole
for computer rooms in building
Appendix G. performance
tradeoff method
only).
80................. 90.1-2010ck 6. Heating, Requires VAV dual Minor + (requires
Ventilating, and maximum damper dual maximum
Air-Conditioning. position when DDC control for VAV
system is present and zones with DDC.
clarifies dual maximum
sequence.
81................. 90.1-2010cl 6. Heating, Increases integrated Minor + (increases
Ventilating, and energy efficiency stringency of
Air-Conditioning. ratio requirements for existing
air-cooled air requirements).
conditioners and heat
pumps and EER
requirements for water
and evaporatively
cooled air
conditioners and heat
pumps in Tables 6.8.1A
and B (now Tables
6.8.1-1 and 6.8.1-2 in
Standard 90.1-2013).
82................. 90.1-2010cm 5. Building Envelope Clarifies how to Neutral
interpret the use of (clarification
dynamic glazing only).
products given the
requirements in
Addendum bb (envelope
requirements).
83................. 90.1-2010cn Appendix G.......... Establishes modeling Neutral (whole
rules for laboratories building
with 100% outside air performance
in Appendix G. tradeoff method
only).
84................. 90.1-2010co 9. Lighting......... Comprehensive update of Major + (decreases
LPDs in Table 9.5.1-- LPD in most
Building Area Method. building types).
85................. 90.1-2010cp 5. Building Envelope Corrects non- Minor + (increases R
residential U-factor value requirements
and R value for steel joist
requirements for steel floors).
joist floors in CZ3.
86................. 90.1-2010cr 9. Lighting and 12. Makes a number of Minor + (plus on
Normative adjustments to Table retail outweighs
References. 9.6.1, Space-by-space some negatives on
LPD. other building
types).
87................. 90.1-2010ct Appendix G.......... Identifies heated only Neutral (whole
storage systems 9 and building
10 in Appendix G as performance
being assigned one tradeoff method
system per thermal only).
zone.
88................. 90.1-2010cv Appendix G.......... Establishes baseline Neutral (whole
system types in building
Appendix G for performance
Assembly occupancies. tradeoff method
only).
89................. 90.1-2010cy 6. Heating, Reduces the design Minor + (applies
Ventilating, and supply fan air flow energy recovery
Air-Conditioning. rate for which energy requirements to
recovery is required smaller fan
for systems that systems).
operate more than
8,000 hours per year.
90................. 90.1-2010cz 6. Heating, Increases boiler Neutral (adopts
Ventilating, and efficiency for Federal standards).
Air-Conditioning. residential sized
(National Appliance
Energy Conservation
Act covered)
equipment, <3,000 Btu/
h.
91................. 90.1-2010da 5. Building Envelope Relaxes air leakage Minor - (relaxes air
requirements for high- leakage
speed doors for requirements for
vehicle access and high-speed doors).
material transport.
92................. 90.1-2010db 5. Building Envelope Corrects residential U- Minor - (relaxes
factor and R-value steel joist floor
requirements for steel requirements in
joist floors in CZ3. CZ3).
93................. 90.1-2010dc 9. Lighting......... Clarifies automatic Neutral
lighting and switched (clarification
receptacle control in only).
guest rooms as applied
to individual spaces.
94................. 90.1-2010dd 5. Building Envelope Clarifies roof Neutral
and 3. Definitions. insulation (clarification
requirements, only).
differentiating
between roof
recovering (on top of
existing roof
covering) and
replacement of roof
covering.
95................. 90.1-2010de 6. Heating, Relaxes design Minor - (relaxes
Ventilating, and requirements for economizer
Air-Conditioning. waterside economizers requirements for
for computer rooms. computer rooms).
96................. 90.1-2010dg 12. Normative Updates reference to Neutral (updates
References (related ANSI/CRRC-l Standard references only).
to 5. Building 2012 (cool roof
Envelope). ratings).
97................. 90.1-2010di 6. Heating, Establishes limits on Minor + (reduces
Ventilating, and using electric or humidification
Air-Conditioning. fossil fuel to energy usage).
humidify or dehumidify
between 30% and 60%
relative humidity
except certain
applications. Requires
deadband on humidity
controls.

[[Page 27789]]

98................. 90.1-2010dj 9. Lighting......... Additional lighting Neutral (tradeoff of
power allowance for additional lighting
electrical/mechanical power for
rooms made available additional
to match 2010 level control).
provided there is
separate control for
the additional
lighting.
99................. 90.1-2010dk 9. Lighting......... Eliminates the Minor + (trades
exemption for wattage blanket exemption
used in spaces where for more targeted
lighting is LPD increases).
specifically designed
for those with age-
related eye conditions
or other medical
conditions related to
the eye, where special
lighting or light
levels might be needed.
100................ 90.1-2010dl 9. Lighting......... Modifies hotel and Minor + (new average
motel guest room LPD. LPD less than
previous
requirements).
101................ 90.1-2010dm 5. Building Envelope Modifies Section Minor + (reduces
5.4.3.4 for vestibule energy
vestibules. Adds a usage).
size limit for large
buildings, exemptions
for semi-heated spaces
and elevator lobbies
in parking garages.
102................ 90.1-2010dn 6. Heating, Reduces the limits on Minor + (reduces hot
Ventilating, and hot gas bypass as a gas bypass).
Air-Conditioning. means of cooling
capacity control.
103................ 90.1-2010do 12. Normative Updates references to Neutral (updates
References (related AHRI 550, AMCA 500, references only).
to 6. Heating, ANSI Z21.10.3 and
Ventilating, and Z21.47, ASHRAE 90.1
Air-Conditioning). and 62.1, NEMA MG 1,
and NFPA 70 and 96.
104................ 90.1-2010dp 3. Definitions Corrects the definition Neutral (editorial
(related to 6. of walk-in-cooler to only).
Heating, be consistent with
Ventilating, and Federal requirements.
Air-Conditioning).
105................ 90.1-2010dq 6. Heating, Deletes sizing Minor - (eliminates
Ventilating, and requirements for pipes sizing requirements
Air-Conditioning. >24 inches in diameter. for pipes above
24 in
diameter).
106................ 90.1-2010dr 3. Definitions Clarifies definition of Neutral
(related to 5. building entrances to (clarification
Building Envelope). exclude electrical only).
room, mechanical
rooms, and other
utility service
entrances.
107................ 90.1-2010ds 5. Building Envelope Corrects the Neutral (editorial
and 3. Definitions. definitions of only).
``primary sidelighted
area,'' ``secondary
sidelighted area,''
and ``sidelighting
effective area'' to
use the term
``vertical
fenestration'' instead
of ``window'' to
clarify that glazed
doors and other
fenestration products
are included as well
as windows.
Additionally, the
definition of
``daylight area under
rooftop monitors'' is
corrected to include
the spread of light
beyond the width of
the rooftop monitor
glazing.
108................ 90.1-2010dt 9. Lighting......... Adds exceptions for Minor + (expansion
control of exterior of requirement to
lighting integral to all signage may
signage. Requires outweigh addition
certain types of of exception).
exterior lighting
exempt from LPD
requirements to be
separately controlled.
109................ 90.1-2010dv 6. Heating, Establishes chiller and Minor + (reduces off
Ventilating, and boiler fluid flow hour chiller and
Air-Conditioning. isolation requirements boiler energy use).
so there is no flow
through the equipment
when not in use.
110................ 90.1-2010dw 6. Heating, Revises high limit Minor + (adds sensor
Ventilating, and shutoff for air accuracy
Air-Conditioning. economizers. Add requirements).
sensor accuracy
requirements.
----------------------------------------------------------------------------------------------------------------
Key: The following terms are used to characterize the effect of individual addenda on energy efficiency (as
contained in the above table): Major + indicates that an addendum is anticipated to significantly improve
energy efficiency; Minor + indicates that an addendum may improve energy efficiency in specific applications,
Neutral indicates that an addenda is not anticipated to impact energy efficiency; and Minor - indicates that
an addendum may increase energy use in certain applications.

Table IV.2 summarizes the overall impact of the addenda in the
qualitative analysis. Overall, the sum of the major positive and minor
positive addenda (i.e., 52 addenda) greatly overwhelms the number of
minor negative addenda (i.e., five addenda), leading to the qualitative
conclusion that the overall impact of the addenda on the Standard is
positive.

Table IV.2--Overall Summary of Addenda Impact in Qualitative Analysis
----------------------------------------------------------------------------------------------------------------
Minor Minor Major
Major negative negative Neutral positive positive Total
----------------------------------------------------------------------------------------------------------------
None...................................... 5 53 44 8 110
----------------------------------------------------------------------------------------------------------------

[[Page 27790]]

Quantitative Analysis

The quantitative analysis of Standard 90.1-2013 was carried out
using whole-building energy simulations of buildings designed to meet
the requirements of Standard 90.1-2010 and Standard 90.1-2013. DOE
simulated 16 representative building types across 15 U.S. climate
locations, with locations selected to be representative of all U.S
climate zones, as defined by Standard 90.1-2010 and Standard 90.1-2013
(climate zone criteria unchanged between the 2010 and 2013 editions).
In addition, energy use intensities (EUIs) by fuel type and by end-use
were extracted for each building type, and weighted by the relative
square footage of construction (represented by that building type in
each of the 15 climate regions) based on the McGraw Hill Construction
(MHC) Projects Starts Database.\7\ The data is commonly used by other
Federal agencies, such as the U.S. Census Bureau, the Federal Reserve,
and the U.S. Department of Health and Human Services (HHS), to
characterize U.S. building construction. In addition, the MHC database
identifies multi-family residential buildings that would be covered
under the scope of Standard 90.1.
---------------------------------------------------------------------------

\7\ Based on McGraw Hill Construction Projects Starts Database;
see Weighting Factors for the Commercial Building Prototypes Used in
the Development of ANSI/ASHRAE/IESNA Standard 90.1-2010 by Jarnagin,
RE and GK Bandyopadhyay. 2010. PNNL-19116, Pacific Northwest
National Laboratory, Richland, WA. Available at https://www.pnl.gov/main/publications/external/technical_reports/PNNL-19116.pdf.
---------------------------------------------------------------------------

EUIs developed for each representative building type are weighted
by total national square footage of each representative building type
to estimate the difference between the national energy use in buildings
constructed to the 2010 and 2013 editions of Standard 90.1. Note that
the buildings types used in the quantitative analysis reflect
approximately 80% of the total square footage of commercial
construction, including multi-family buildings greater than three
stories that are covered within the scope of ASHRAE Standard 90.1.
The preliminary quantitative analysis of buildings designed to meet
the requirements of Standard 90.1-2013 indicates national primary
energy savings of approximately 8.5 percent of commercial building
energy consumption (in comparison to Standard 90.1-2010). Site energy
savings over Standard 90.1-2010 are estimated to be approximately 7.6
percent. Using national average fuel prices for electricity and natural
gas, DOE also estimates a reduction in energy expenditures of 8.7
percent compared to Standard 90.1-2010.
Table IV.3 and Table IV.4 show the energy use and associated
savings resulting from Standard 90.1-2013 by building type and on an
aggregated national basis. Further details on the quantitative analysis
can be found in the full technical support document (TSD) \8\ available
at https://www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------

\8\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Preliminary Determination: Quantitative Analysis (PNNL, Richland, WA
(US), March 2014), available at https://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23236.pdf.

Table IV.3--Estimated Energy Use Intensity by Building Type
[Standard 90.1-2010]
----------------------------------------------------------------------------------------------------------------
Whole building EUI
Floor area ---------------------------------------------------
Building type Prototype (percent) Site EUI (kBtu/ Source EUI (kBtu/ ECI ($/ft\2\-
ft\2\-yr) ft\2\-yr) yr)
----------------------------------------------------------------------------------------------------------------
Office....................... Small Office.... 5.61 33.0 100.4 $0.99
Medium Office... 6.05 36.8 105.9 1.03
Large Office.... 3.33 71.9 210.7 2.06
Retail....................... Stand-Alone 15.25 53.4 142.9 1.38
Retail. 5.67 60.4 164.1 1.58
Strip Mall......
Education.................... Primary School.. 4.99 59.0 151.1 1.44
Secondary School 10.36 47.7 130.3 1.26
Healthcare................... Outpatient 4.37 120.0 324.3 3.13
Health Care. 3.45 131.0 321.1 3.04
Hospital........
Lodging...................... Small Hotel..... 1.72 63.6 148.8 1.40
Large Hotel..... 4.95 96.7 217.7 2.03
Warehouse.................... Non-Refrigerated 16.72 18.2 43.2 0.41
Warehouse.
Food Service................. Fast-Food 0.59 591.5 1051.7 9.27
Restaurant. 0.66 383.9 742.7 6.69
Sit-Down
Restaurant.
Apartment.................... Mid-Rise 7.32 46.3 131.4 1.28
Apartment. 8.97 50.4 124.9 1.19
High-Rise
Apartment.
National..................... ................ 100 58.5 148.9 1.42
----------------------------------------------------------------------------------------------------------------

Table IV.4--Estimated Energy Use Intensity by Building Type
[Standard 90.1-2013]
----------------------------------------------------------------------------------------------------------------
Whole building EUI
Floor area ---------------------------------------------------
Building type Prototype (percent) Site EUI (kBtu/ Source EUI (kBtu/ ECI ($/ft\2\-
ft\2\-yr) ft\2\-yr) yr)
----------------------------------------------------------------------------------------------------------------
Office....................... Small Office.... 5.61 29.4 89.3 $0.88
Medium Office... 6.05 34.1 97.9 0.95
Large Office.... 3.33 70.8 205.8 2.01
Retail....................... Stand-Alone 15.25 45.9 124.6 1.20
Retail. 5.67 55.1 147.3 1.42
Strip Mall......

[[Page 27791]]

Education.................... Primary School.. 4.99 54.2 134.4 1.28
Secondary School 10.36 41.7 111.9 1.08
Healthcare................... Outpatient 4.37 115.8 311.8 3.00
Health Care. 3.45 123.7 300.7 2.85
Hospital........
Lodging...................... Small Hotel..... 1.72 60.0 137.6 1.29
Large Hotel..... 4.95 89.0 195.4 1.81
Warehouse.................... Non-Refrigerated 16.72 17.1 40.6 0.38
Warehouse.
Food Service................. Fast-Food 0.59 576.4 1001.9 8.78
Restaurant. 0.66 372.5 713.5 6.41
Sit-Down
Restaurant.
Apartment.................... Mid-Rise 7.32 43.9 124.8 1.21
Apartment. 8.97 46.9 114.4 1.08
High-Rise
Apartment.
National..................... ................ 100 54.1 136.2 1.30
----------------------------------------------------------------------------------------------------------------

Table IV.5 presents the estimated energy savings (based on percent
change in EUI) associated with Standard 90.1-2013. Overall, the updated
Standard is expected to increase the energy efficiency of commercial
buildings, as represented in Table IV.5.

Table IV.5--Quantitative Analysis Findings
----------------------------------------------------------------------------------------------------------------
Savings in whole-building EUI (percent)
Building type Prototype Floor area ---------------------------------------------------
(percent) Site EUI Source EUI ECI
----------------------------------------------------------------------------------------------------------------
Office....................... Small Office.... 5.61 11.0 11.0 11.0
Medium Office... 6.05 7.4 7.5 7.5
Large Office.... 3.33 1.4 2.4 2.5
Retail....................... Stand-Alone 15.25 13.9 12.8 12.6
Retail. 5.67 8.8 10.2 10.5
Strip Mall......
Education.................... Primary School.. 4.99 8.1 11.0 11.5
Secondary School 10.36 12.6 14.1 14.4
Healthcare................... Outpatient 4.37 3.6 3.9 3.9
Health Care. 3.45 5.6 6.4 6.5
Hospital........
Lodging...................... Small Hotel..... 1.72 5.7 7.5 7.9
Large Hotel..... 4.95 8.0 10.2 10.7
Warehouse.................... Non-Refrigerated 16.72 6.0 6.1 6.1
Warehouse.
Food Service................. Fast Food 0.59 2.6 4.7 5.3
Restaurant. 0.66 3.0 3.9 4.2
Sit-Down
Restaurant.
Apartment.................... Mid-Rise 7.32 5.4 5.1 5.0
Apartment. 8.97 6.9 8.4 8.7
High-Rise
Apartment.
National..................... ................ 100 7.6 8.5 8.7
----------------------------------------------------------------------------------------------------------------

V. Preliminary Determination Statement

Review and evaluation of the 2010 and 2013 editions of Standard
90.1 indicate that there are significant differences between the two
editions. Qualitative analysis of the updated Standard reveals that a
majority of the addenda are anticipated to result in significant energy
savings. In addition, quantitative analysis of the Standard indicates
source and site energy savings of 8.5 percent and 7.6 percent,
respectively. DOE has rendered the preliminary conclusion that Standard
90.1-2013 will improve energy efficiency in commercial buildings, and,
therefore, should receive an affirmative determination under Section
304(b) of ECPA.

VI. State Certification

If today's determination is finalized, each State would be required
to review and update, as necessary, the provisions of its commercial
building energy code to meet or exceed the provisions of the 2013
edition of Standard 90.1. (42 U.S.C. 6833(b)(2)(B)(i)) This action
would be required not later than 2 years from the date of the final
determination notice, unless an extension is provided.

State Review and Update

DOE recognizes that some States do not have a State commercial
building energy code, or have a State code that does not apply to all
commercial buildings. If local building energy codes regulate
commercial building design and construction (rather than a State code),
the State must review and make all reasonable efforts to update, as
authorized, those local codes to determine whether they meet or exceed
the 2013 edition of Standard 90.1. States may base their certifications
on reasonable actions by units of general-purpose local government.
Each such State must review the information obtained from the local
governments, and gather any additional data and testimony in preparing
its own certification.
The applicability of any State revisions to new or existing
buildings would be governed by the State building codes. States should
be aware that the DOE considers high-rise (greater than three stories)
multi-family residential buildings as commercial buildings for

[[Page 27792]]

energy code purposes, as is consistent with the scope of Standard 90.1.
Consequently, commercial buildings, for the purposes of certification,
would include high-rise multi-family residential buildings, hotels,
motels, and other transient residential building types of any height.

State Certification Statements

Section 304(b) of ECPA, as amended, requires each State to certify
to the Secretary of Energy that it has reviewed and updated the
provisions of its commercial building energy code regarding energy
efficiency to meet or exceed the Standard 90.1-2013. (42 U.S.C.
6833(b)) The certification must include a demonstration that the
provisions of the State's commercial building energy code regarding
energy efficiency meets or exceeds Standard 90.1-2013. If a State
intends to certify that its commercial building energy code already
meets or exceeds the requirements of Standard 90.1-2013, the State
should provide an explanation of the basis for this certification
(e.g., Standard 90.1-2013 is incorporated by reference in the State's
building code regulations). The chief executive of the State (e.g., the
governor), or a designated State official (e.g., director of the State
energy office, State code commission, utility commission, or equivalent
State agency having primary responsibility for commercial building
energy codes), would provide the certification to the Secretary. Such a
designated State official would also provide the certifications
regarding the codes of units of general purpose local government based
on information provided by responsible local officials.
The DOE Building Energy Codes Program tracks and reports State code
adoption and certifications.\9\ Once a State has adopted a new
commercial code, DOE typically provides software, training, and support
for the new code as long as the new code is based on the national model
code (i.e., ASHRAE Standard 90.1-2013). DOE recognizes that some States
develop their own codes that are only loosely related to the national
model codes, and DOE does not typically provide technical support for
those codes. However, DOE does provide incentive funding (e.g., grants)
to these States through the State Energy Program. DOE does not
prescribe how each State adopts and enforces its energy codes.
---------------------------------------------------------------------------

\9\ Available at https://www.energycodes.gov/adoption/states.
---------------------------------------------------------------------------

Requests for Extensions

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

VII. Regulatory Review and Analysis

Review Under Executive Orders 12866 and 13563

Today's action is not a significant regulatory action under Section
3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735). Accordingly, today's action was not reviewed by the Office
of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB). DOE has also reviewed this regulation
pursuant to Executive Order 13563, issued on January 18, 2011. (76 FR
3281). Executive Order 13563 is supplemental to and explicitly
reaffirms the principles, structures, and definitions governing
regulatory review established in Executive Order 12866.

Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking'' (67 FR 53461), DOE published procedures and
policies on February 19, 2003, to ensure that the potential impacts of
its rules on small entities are properly considered during the
rulemaking process. (68 FR 7990) DOE has also made its procedures and
policies available on the Office of General Counsel Web site.\10\
---------------------------------------------------------------------------

\10\ Available at https://energy.gov/gc/office-general-counsel.
---------------------------------------------------------------------------

DOE has reviewed today's preliminary determination under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published in February 2003. Once DOE finalizes this
preliminary determination of improved energy efficiency, it would
require States to undertake an analysis of their respective building
codes. As such, the only entities directly regulated by this
preliminary determination would be States. DOE does not believe that
there will be any direct impacts on small entities, such as small
businesses, small organizations, or small governmental jurisdictions.
Based on the foregoing, DOE certifies that this preliminary
determination would not have a significant economic impact on a
substantial number of small entities. Accordingly, DOE has not prepared
a regulatory flexibility analysis for this preliminary determination.
DOE's certification and supporting statement of factual basis will be
provided to the Chief Counsel for Advocacy of the Small Business
Administration pursuant to 5 U.S.C. 605(b).

Review Under the National Environmental Policy Act of 1969

Today's action is covered under the Categorical Exclusion found in
DOE's National Environmental Policy Act regulations at paragraph A.6 of
appendix A to subpart D, 10 CFR part 1021. That Categorical Exclusion
applies to actions that are strictly procedural, such as rulemaking
establishing the administration of grants. Today's action is required
by Title III of ECPA, as amended, which provides that whenever the
Standard 90.1-1989, or any successor to that code, is revised, the
Secretary must make a determination, not later than 12 months after
such revision, whether the revised code would improve energy efficiency
in commercial buildings and must publish notice of such determination
in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) If the Secretary
determines that the revision of Standard 90.1-1989, or any successor
thereof, improves the level of energy efficiency in commercial
buildings, then no later than 2 years after the date of the publication
of such affirmative determination, each State is required to certify
that it has reviewed and updated the provisions of its commercial
building code regarding energy efficiency with respect to the revised
or

[[Page 27793]]

successor code. (42 U.S.C. 6833(b)(2)(B)(i)) If the Secretary makes a
determination that the revised Standard will not improve energy
efficiency in commercial buildings, then State commercial codes shall
meet or exceed the last revised Standard for which the Secretary has
made a positive determination. (42 U.S.C. 6833(b)(2)(B)(ii)) Therefore,
DOE has preliminarily determined that the Secretary's determination is
not a major Federal action that would have direct environmental
impacts. Accordingly, DOE has not prepared an environmental assessment
or an environmental impact statement.

Review Under Executive Order 13132, ``Federalism''

Executive Order 13132 (64 FR 43255) imposes certain requirements on
agencies formulating and implementing policies or regulations that pre-
empt State law or that have federalism implications. Agencies are
required to examine the constitutional and statutory authority
supporting any action that would limit the policymaking discretion of
the States and carefully assess the necessity for such actions. DOE has
reviewed the statutory authority, and Congress found that:
(1) Large amounts of fuel and energy are consumed unnecessarily
each year in heating, cooling, ventilating, and providing domestic hot
water for newly constructed residential and commercial buildings
because such buildings lack adequate energy conservation features;
(2) Federal voluntary performance standards for newly constructed
buildings can prevent such waste of energy, which the Nation can no
longer afford in view of its current and anticipated energy shortage;
(3) The failure to provide adequate energy conservation measures in
newly constructed buildings increases long-term operating costs that
may affect adversely the repayment of, and security for, loans made,
insured, or guaranteed by Federal agencies or made by federally insured
or regulated instrumentalities; and
(4) State and local building codes or similar controls can provide
an existing means by which to ensure, in coordination with other
building requirements and with a minimum of Federal interference in
State and local transactions, that newly constructed buildings contain
adequate energy conservation features. (42 U.S.C. 6831)
Pursuant to Section 304(b) of ECPA, DOE is statutorily required to
determine whether the most recent edition of Standard 90.1 would
improve the level of energy efficiency in commercial buildings as
compared to the previous edition. If DOE makes a positive
determination, the statute requires each State to certify that it has
reviewed and updated the provisions of its commercial building code
regarding energy efficiency with respect to the revised or successor
codes. (42 U.S.C. 6833(b)(2)(B)(i))
Executive Order 13132 requires meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications unless funds necessary to pay the direct costs
incurred by the State and local governments in complying with the
regulation are provided by the Federal Government. (62 FR 43257)
Pursuant to Section 304(e) of ECPA, the DOE Secretary is required to
provide incentive funding to States to implement the requirements of
section 304, and to improve and implement State residential and
commercial building energy efficiency codes, including increasing and
verifying compliance with such codes. In determining whether, and in
what amount, to provide incentive funding, the Secretary must consider
the actions proposed by the State to implement the requirements of this
section, to improve and implement residential and commercial building
energy efficiency codes, and to promote building energy efficiency
through the use of such codes. (See 42 U.S.C. 6833(e)) Therefore,
consultation with States and local officials regarding this preliminary
determination was not required.
However, DOE notes that State and local governments were invited to
participate in the development Standard 90.1-2013. The ASHRAE Standard
is developed in a national, ANSI-approved consensus process open to the
public, and in which State and local governments may participate, along
with the general public. The updated Standard is the product of a
series of amendments to the prior edition of the Standard, with each
addendum made available for public review with any interested party
having the ability to submit comments. Comments on the addendum are
received, reviewed, and resolved through an established process
commonly utilized in generating industry consensus standards. Members
of the Standard 90.1 project committee have included representatives of
State and local governments. DOE believes that this process has given
State and local jurisdictions extensive opportunity to comment and
express any concerns on Standard 90.1-2013, the subject of this
preliminary determination.
On issuance of a final determination that Standard 90.1-2013 would
improve the energy efficiency of commercial buildings, ECPA requires
each State to certify to the Secretary that it has reviewed and updated
the provisions of its commercial building code regarding energy
efficiency to meet or exceed the requirements of Standard 90.1-2013.
DOE notes that ECPA sets forth this requirement for States. (42 U.S.C.
6833(b)(2)(B)(i)) States are given broad freedom to either adopt
Standard 90.1-2013 or develop their own code that meets or exceeds
Standard 90.1-2013.

Review Under Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and tribal governments. Subsection 101(5) of
Title I of that law defines a Federal intergovernmental mandate to
include any regulation that would impose upon State, local, or tribal
governments an enforceable duty, except a condition of Federal
assistance or a duty arising from participating in a voluntary Federal
program. Title II of that law requires each Federal agency to assess
the effects of Federal regulatory actions on State, local, and tribal
governments, in the aggregate, or to the private sector, other than to
the extent such actions merely incorporate requirements specifically
set forth in a statute. Section 202 of that title requires a Federal
agency to perform an assessment of the anticipated costs and benefits
of any rule that includes a Federal mandate that may result in costs to
State, local, or tribal governments, or to the private sector, of $100
million or more. Section 204 of that title requires each agency that
proposes a rule containing a significant Federal intergovernmental
mandate to develop an effective process for obtaining meaningful and
timely input from elected officers of State, local, and tribal
governments.
Consistent with previous determinations, DOE has completed its
review, and concluded that impacts on state, local and tribal
governments are less than the $100 million threshold specified in the
Unfunded Mandates Act. Accordingly, no further action is required under
the Unfunded Mandates Reform Act of 1995. Documentation supporting this
review is contained in Appendix D of the full Quantitative Analysis
technical support document (TSD) \11\ available at https://

[[Page 27794]]

www.energycodes.gov/regulations/determinations.
---------------------------------------------------------------------------

\11\ Halverson et al., ANSI/ASHRAE/IES Standard 90.1-2013
Preliminary Determination: Quantitative Analysis (PNNL, Richland, WA
(US), March 2014), available at https://www.pnnl.gov/main/publications/external/technical_reports/pnnl-23236.pdf.
---------------------------------------------------------------------------

Review Under the Treasury and General Government Appropriations Act of
1999

Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. Today's action would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.

Review Under the Treasury and General Government Appropriations Act of
2001

Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by the
Office of Management and Budget (OMB). Both OMB and DOE have published
established relevant guidelines (67 FR 8452 and 67 FR 62446,
respectively). DOE has reviewed today's action under the OMB and DOE
guidelines, and has concluded that it is consistent with applicable
policies in those guidelines.

Review Under Executive Order 13211

Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR
28355), requires Federal agencies to prepare and submit to the OMB a
Statement of Energy Effects for any proposed significant energy action.
A ``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1) Is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of the OMB Office of
Information and Regulatory Affairs (OIRA) as a significant energy
action. For any proposed significant energy action, the agency must
give a detailed statement of any adverse effects on energy supply,
distribution, or use, should the proposal be implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use. Today's action would not have a
significant adverse effect on the supply, distribution, or use of
energy and is therefore not a significant energy action. Accordingly,
DOE has not prepared a Statement of Energy Effects.

Review Under Executive Order 13175

Executive Order 13175, ``Consultation and Coordination with Indian
tribal Governments'' (65 FR 67249), requires DOE to develop an
accountable process to ensure ``meaningful and timely input by tribal
officials in the development of regulatory policies that have tribal
implications.'' ``Policies that have tribal implications'' refers to
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' Today's action is
not a policy that has ``tribal implications'' under Executive Order
13175. DOE has reviewed today's action under Executive Order 13175 and
has determined that it is consistent with applicable policies of that
Executive Order.

VIII. Public Participation

DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this preliminary determination. Interested parties may
submit comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this notice.

Submitting Comments via the Regulations.gov Web site

The Regulations.gov Web page will require you to provide your name
and contact information. Your contact information will be viewable to
DOE Building Technologies staff only. Your contact information will not
be publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to Regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through Regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section
below.
DOE processes submissions made through Regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that Regulations.gov
provides after you have successfully uploaded your comment.

Submitting Comments via Email, Hand Delivery/Courier, or Mail

Comments and documents submitted via email, hand delivery, or mail
also will be posted to Regulations.gov. If you do not want your
personal contact information to be publicly viewable, do not include it
in your comment or any accompanying documents. Instead, provide your
contact information in a cover letter. Include your first and last
names, email address, telephone number, and optional mailing address.
The cover letter will not be publicly viewable as long as it does not
include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery/courier, please provide all items on a CD, if feasible. It is
not necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption

[[Page 27795]]

and, if possible, they should carry the electronic signature of the
author.

Campaign Form Letters

Please submit campaign form letters by the originating organization
in batches of between 50 to 500 form letters per PDF or as one form
letter with a list of supporters' names compiled into one or more PDFs.
This reduces comment processing and posting time.

Confidential Business Information

According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit via email, postal mail, or hand delivery/
courier two well-marked copies: One copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. Submit these documents
via email or on a CD, if feasible. DOE will make its own determination
about the confidential status of the information and treat it according
to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).

Notification of Special Requests

In preparation for future technical assistance activities, DOE is
interested in public comments and additional information regarding the
costs and benefits associated with the adoption and use of Standard
90.1, as a whole, and appropriate methodologies for assessing costs,
benefits and cost-effectiveness. As discussed in the Methodology
section of this document, DOE is directed to provide technical
assistance to States to support implementation of State residential and
commercial building energy efficiency codes. (42 U.S.C. 6833(d)) As
part of its technical assistance role, DOE previously established a
methodology by which it evaluates the cost effectiveness of energy
codes (78 FR 47677). In the coming months, DOE intends to publish a
request for information (RFI) to update this methodology, and to ensure
DOE activities continue to remain in alignment with the national model
code development processes. In particular, DOE will be interested in
public comments identifying available and adequate sources of data to
support national and State-level cost analysis, such as localized cost
data and construction practices. DOE expects to use such input in
updating its own cost-effectiveness methodology, and in applying this
methodology through technical assistance functions, including the
evaluation of published model energy codes, as well as proposed
changes.

Issued in Washington, DC, on May 8, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2014-11218 Filed 5-14-14; 8:45 am]
BILLING CODE 6450-01-P

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