Energy Efficiency Standards for the Design and Construction of New Federal Low-Rise Residential Buildings' Baseline Standards Update, 2857-2868 [2017-00025]
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Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations
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■ 15. Revise § 2411.14 to read as
follows.
Dated: December 20, 2016.
Carol Waller Pope,
Chairman.
§ 2411.14 Record retention and
preservation.
2857
AGENCY:
The Authority, the General Counsel,
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■ 16. Revise § 2411.15 to read as
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§ 2411.15
Annual report.
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Justice’s Office of Information Policy,
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electronic format, which shall be
available—
(a) Without charge, license, or
registration requirement;
(b) In an aggregated, searchable
format; and
(c) In a format that may be
downloaded in bulk.
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[FR Doc. 2016–31121 Filed 1–9–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF ENERGY
10 CFR Part 435
[Docket No. EERE–2016–BT–STD–0003]
RIN 1904–AD56
Energy Efficiency Standards for the
Design and Construction of New
Federal Low-Rise Residential
Buildings’ Baseline Standards Update
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
The U.S. Department of
Energy (DOE) is publishing this final
rule to implement provisions in the
Energy Conservation and Production
Act (ECPA) that require DOE to update
the baseline Federal energy efficiency
performance standards for the
construction of new Federal low-rise
residential buildings. This rule updates
the baseline Federal residential standard
to the International Code Council (ICC)
2015 International Energy Conservation
Code (IECC).
DATES: This rule is effective March 13,
2017.
The incorporation by reference of a
certain publication listed in this rule
was approved by the Director of the
Federal Register as of March 13, 2017.
All Federal agencies shall design new
Federal buildings that are low-rise
residential buildings, for which design
for construction began on or after
January 10, 2018, using the 2015 IECC
as the baseline standard for 10 CFR part
435.
ADDRESSES: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at https://www.regulations.gov/
docketBrowser?rpp=25&po=0&D=EERE2016-BT-STD-0003]. 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. The
regulations.gov site contains simple
instructions on how to access all
documents, including public comments,
in the docket.
SUMMARY:
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A link to the docket Web page can be
found at https://www.regulations.gov/
#!docketDetail;D=EERE-2016-BT-STD0003. This Web page will contain a link
to the docket for this rule on the
www.regulations.gov site. The
www.regulations.gov Web page will
contain simple instructions on how to
access all documents, including public
comments, in the docket.
For further information on how to
review the docket, contact Mr. Nicolas
Baker at (202) 586–8215 or by email:
nicolas.baker@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Nicolas Baker, U.S. Department of
Energy, Office of Energy Efficiency
and Renewable Energy, Federal
Energy Management Program,
Mailstop EE–5F, 1000 Independence
Avenue SW., Washington, DC 20585,
(202) 586–8215, email: nicolas.baker@
ee.doe.gov.
Kavita Vaidyanathan, U.S. Department
of Energy, Office of the General
Counsel, Forrestal Building, GC–33,
1000 Independence Avenue SW.,
Washington, DC 20585, (202) 586–
0669, email: kavita.vaidyanathan@
hq.doe.gov.
SUPPLEMENTARY INFORMATION: This final
rule incorporates by reference the
following standard into 10 CFR part
435: ICC International Energy
Conservation Code (IECC), 2015 Edition
(‘‘IECC 2015’’), May 30, 2014.
Copies of this standard are available
from the International Code Council,
4051 West Flossmoor Road, Country
Club Hills, IL 60478, 1–800–422–7233,
https://www.iccsafe.org/.
Also, a copy of this standard is
available for inspection at U.S.
Department of Energy (DOE), Office of
Energy Efficiency and Renewable
Energy, Federal Energy Management
Program, 8th Floor, 956 L’Enfant Plaza
SW., Suite 8000, Washington, DC 20024.
For information on the availability of
this standard at DOE, contact Mr. Cyrus
Nasseri at (202) 586–9138, or email
Cyrus.nasseri@ee.doe.gov.
This standard is discussed in greater
detail in section VI.N of this document.
pmangrum on DSK3GDR082PROD with RULES
Table of Contents
I. Executive Summary of the Final Rule
II. Introduction
III. Synopsis of the Final Rule
A. Updated Definition of New Federal
Building
B. Adding Explicit Mention of Mechanical
Ventilation Requirements in the 2015
IECC
C. Expanding the List of Energy End-Uses
that must be included in the 30 Percent
Savings Calculation
D. Other Energy Efficiency Requirements
E. Synopsis of Changes to the IECC
Between the 2009 and 2015 Versions
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IV. Compliance Date
V. Reference Resources
A. Resources for Low-Rise Residential
Buildings.
VI. Regulatory Analysis
A. Review Under Executive Order 12866,
‘‘Regulatory Planning and Review’’
B. Administrative Procedure Act
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act of 1995
E. Review Under the National
Environmental Policy Act of 1969
F. Review Under Executive Order 13132,
‘‘Federalism’’
G. Review Under Executive Order 12988,
‘‘Civil Justice Reform’’
H. Review Under the Unfunded Mandates
Reform Act of 1995
I. Review Under the Treasury and General
Government Appropriations Act of 1999
J. Review Under Executive Order 12630,
‘‘Governmental Actions and Interference
With Constitutionally Protected Property
Rights’’
K. Review Under the Treasury and General
Government Appropriations Act, 2001
L. Review Under Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’
M. Review Under Section 32 of the Federal
Energy Administration Act of 1974
N. Description of Materials Incorporated by
Reference
VII. Congressional Notification
VIII. Approval of the Office of the Secretary
I. Executive Summary of the Final Rule
Section 305 of the Energy
Conservation and Production Act
(ECPA), as amended, requires DOE to
determine whether the energy efficiency
standards for new Federal buildings
should be updated to reflect revisions to
the IECC based on the cost-effectiveness
of the revisions. (42 U.S.C.
6834(a)(3)(B)) Accordingly, DOE
conducted a cost-effectiveness analysis
that found the 2015 IECC to be costeffective. DOE’s assumptions and
methodology for the cost-effectiveness
of this rule are based on DOE’s costeffectiveness analysis of 2015 IECC, as
well as DOE’s Environmental
Assessment (EA) for this rulemaking.1
Therefore, in this final rule, DOE
updates the energy efficiency standards
for new Federal buildings to the 2015
IECC for buildings for which design for
construction began on or after one year
after the rule is published in the Federal
Register. (42 U.S.C. 6834(a)(3)(A)).
Federal buildings are defined as follows:
1 The Environmental Assessment (EA) (DOE/EA–
2020) is entitled, ‘‘Environmental Assessment for
Final Rule, 10 CFR part 435, ‘Energy Efficiency
Standards for New Federal Low-Rise Residential
Buildings,’ Baseline Standards Update’’. The EA
may be found in the docket for this rulemaking and
at https://energy.gov/sites/prod/files/2016/12/f34/
EA-2020-FEA-2016.pdf.
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‘‘any building to be constructed by, or
for the use of, any Federal agency. Such
term shall include buildings built for
the purpose of being leased by a Federal
agency, and privatized military
housing.’’ (42 U.S.C. 6832(6)). This term
does not include renovations or
modifications to existing buildings.
II. Introduction
ECPA, as amended, requires DOE to
establish building energy efficiency
standards for all new Federal buildings.
(42 U.S.C. 6834(a)(1)) The standards
established under section 305(a)(1) of
ECPA must contain energy efficiency
measures that are technologically
feasible, economically justified, and
meet the energy efficiency levels in the
applicable voluntary consensus energy
codes specified in section 305. (42
U.S.C. 6834(a)(1)–(3))
Under section 305 of ECPA, the
referenced voluntary consensus code for
low-rise residential buildings is the
International Code Council (ICC)
International Energy Conservation Code
(IECC). (42 U.S.C. 6834(a)(2)(A)). DOE
codified this referenced code as the
baseline Federal building standard in its
existing energy efficiency standards
found in 10 CFR part 435. Also pursuant
to section 305 of ECPA, DOE must
establish, by rule, revised Federal
building energy efficiency performance
standards for new Federal buildings that
require such buildings to be designed to
achieve energy consumption levels that
are at least 30 percent below the levels
established in the referenced code
(baseline Federal building standard), if
life-cycle cost-effective. (42 U.S.C.
6834(a)(3)(A)(i)(I))
Under section 305 of ECPA, not later
than one year after the date of approval
of each subsequent revision of the
ASHRAE Standard or the IECC, DOE
must determine whether to amend the
baseline Federal building standards
with the revised voluntary standard
based on the cost-effectiveness of the
revised voluntary standard. (42 U.S.C.
6834(a)(3)(B)) It is this requirement that
this rulemaking addresses. ICC has
updated the IECC from the version
currently referenced in DOE’s
regulations at 10 CFR part 435. In this
rule, DOE revises the latest baseline
Federal building standard for 10 CFR
part 435 from the 2009 IECC to the 2015
IECC. DOE notes that although ICC
published an update to the IECC in
2012, this rule updates 10 CFR part 435
to the 2015 IECC directly, without
requiring agencies to comply with the
2012 IECC. DOE notes however that
because development of the IECC is
incremental from version to version, the
2015 IECC does include all content in
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the 2012 IECC that was not specifically
removed or modified during the
development of the 2015 IECC. DOE
evaluated the 2012 IECC as well and
found it to be technologically feasible
and economically justified.2
Section 306(a) of ECPA provides that
each Federal agency and the Architect
of the Capitol must adopt procedures to
ensure that new Federal buildings will
meet or exceed the Federal building
energy efficiency standards established
under section 305. (42 U.S.C. 6835(a))
ECPA Section 306(b) bars the head of a
Federal agency from expending Federal
funds for the construction of a new
Federal building unless the building
meets or exceeds the applicable baseline
Federal building energy standards
established under section 305. (42
U.S.C. 6835(b)) Specifically, all new
Federal buildings 3 must be designed to
achieve the baseline standards in the
International Energy Conservation Code
for low-rise residential buildings (and
ASHRAE Standard 90.1 for commercial
and multi-family high-rise residential
buildings) and achieve energy
consumption levels at least 30 percent
below these minimum baseline
standards, where life-cycle costeffective. (42 U.S.C. 6834(a)(3)(A)). This
requirement does not extend to
renovations or modifications to existing
buildings.
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III. Synopsis of the Final Rule
DOE is issuing this action as a final
rule. As indicated in this preamble, DOE
must determine whether the energy
efficiency standards for new Federal
buildings should be updated to reflect
revisions to the 2015 IECC based on the
cost-effectiveness of the revisions. (42
U.S.C. 6834(a)(3)(B)) In this final rule,
DOE determines that the energy
2 See DOE’s determination for the 2012 IECC at
https://www.gpo.gov/fdsys/pkg/FR-2012-05-17/pdf/
2012-12000.pdf. See DOE’s analysis of the costeffectiveness of the 2012 IECC at https://
www.energycodes.gov/sites/default/files/
documents/
NationalResidentialCostEffectiveness.pdf. See
DOE’s analysis of the cost savings of the 2009 IECC
and 2012 IECC at https://www.energycodes.gov/
sites/default/files/documents/
NationalResidentialEnergyAnalysis.pdf.
3 42 U.S.C. 6832 defines ‘‘Federal buildings’’ as
any building to be constructed by, or for the use of,
any Federal agency. Such term shall include
buildings built for the purpose of being leased by
a Federal agency, and privatized military housing.
DOE’s codifications of this definition in 10 CFR 435
and 10 CFR 433 include a second sentence defining
‘‘new buildings’’, resulting in the definition of ‘‘new
Federal buildings’’ as ‘‘New Federal building means
any building to be constructed by, or for the use of,
any Federal agency which is not legally subject to
State or local building codes or similar
requirements. A new building is a building
constructed on a site that previously did not have
a building or a complete replacement of an existing
building from the foundation up.’’
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efficiency standards for new Federal
buildings should be updated to reflect
the 2015 revisions to the IECC based on
the cost-effectiveness of the revisions.
DOE reviewed the IECC for DOE’s
state building codes program and
determined that the 2015 version of the
IECC would achieve greater energy
efficiency than the prior version (the
2012 version). (See 80 FR 33250 (June
11, 2015)) DOE also reviewed the 2012
version of the IECC and determined that
the 2012 version would achieve greater
energy efficiency than the prior version
(the 2009 version currently referenced
in 10 CFR part 435). (See 77 FR 29322
(May 17, 2012)) Both these
determinations were subject to notice
and comment. See 79 FR 57915
(September 26, 2014) and 76 FR 42688
(July 19, 2011) respectively for the 2015
IECC and 2012 preliminary
determinations. DOE found that the
2015 version of the IECC would save
0.87% more source energy than the
2012 version of the IECC 4 and that the
2012 version of the IECC would save
24% more source energy than the 2009
version of the IECC.5
In DOE’s determination for the state
building codes program, and again in
this rule, DOE states that the costeffectiveness of revisions to the
voluntary codes is considered through
DOE’s statutorily directed involvement
in the codes process. See 80 FR 33250.
Section 307 of ECPA requires DOE to
participate in the ICC code development
process and to assist in determining the
cost-effectiveness of the voluntary
standards. (42 U.S.C. 6836) DOE is
required 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))
In addition to DOE’s consideration of
the cost-effectiveness of the 2015 IECC
through its participation in the codes
development process, DOE conducted
an independent analysis of the costeffectiveness of the 2015 IECC compared
to the 2012 IECC and 2009 IECC. The
results of the analysis are discussed in
section A. Review Under Executive
4 Determination Regarding Energy Efficiency
Improvements in the 2015 International Energy
Conservation Code (IECC); Notice of determination,
80 FR 33250 (June 11, 2015)
5 Energy savings of the 2012 IECC over the 2009
IECC are shown in Table 1 of Energy Use Savings
for a Typical New Residential Dwelling Unit Based
on the 2009 and 2012 IECC as Compared to the
2006 IECC—Letter Report (PNNL–88603) (available
at https://www.energycodes.gov/sites/default/files/
documents/NationalResidentialEnergyAnalysis.pdf,
rather than the actual published determination.
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Order 12866, ‘‘Regulatory Planning and
Review’’.6 DOE’s assumptions and
methodology for the cost-effectiveness
of this rule are based on DOE’s costeffectiveness analysis of the 2015 IECC,
as well as DOE’s Environmental
Assessment (EA) for this rulemaking.7
In this rule, DOE updates the energy
efficiency standards applicable to new
Federal buildings based on the
determinations made by DOE as to the
energy efficiency improvements of the
2015 IECC 8 and 2012 IECC,9 as
compared to the predecessor version
(the 2009 IECC), and based on the
considerations of cost-effectiveness
incorporated into the codes processes,
DOE’s involvement in those processes,
and DOE’s own cost-effectiveness
analysis. This final rule amends 10 CFR
part 435 to update the referenced
baseline Federal energy efficiency
performance standards. This final rule
does not make any changes to the
overall requirement that agencies must
design buildings to meet the baseline
standard and, if life-cycle cost-effective,
achieve savings of at least 30% below
the baseline standard. The statutory
requirement to achieve savings of at
least 30% below the levels established
for the 2012 and 2015 IECC updates,
applies to Federal agencies in the
determinations they make for individual
buildings, but not to DOE’s overall
determination for the purpose of this
rule.
Three changes made to 10 CFR part
435 in this rule warrant further
discussion. These changes are: (1)
Updated the definition of ‘‘Federal
buildings’’ to meet the requirements of
42 U.S.C. 6832(6); (2) explicit reference
to the new mechanical ventilation
requirements found in the 2015 IECC to
§ 435.4; and (3) expanded list of energy
end-uses that must be considered in the
30 percent savings calculation. Each of
these changes is discussed in this
preamble. DOE is also providing a
synopsis of the major changes made to
6 National Cost-Effectiveness of the Residential
Provisions of the 2015 IECC, Mendon, V.V. et al.
PNNL–24240, Pacific Northwest National
Laboratory, June 2015. https://
www.energycodes.gov/sites/default/files/
documents/2015IECC_CE_Residential.pdf.
7 The Environmental Assessment (EA) (DOE/EA–
2020) is entitled, ‘‘Environmental Assessment for
Final Rule, 10 CFR part 435, ‘Energy Efficiency
Standards for New Federal Low-Rise Residential
Buildings,’ Baseline Standards Update’’. The EA
may be found in the docket for this rulemaking and
at https://energy.gov/sites/prod/files/2016/12/f34/
EA-2020-FEA-2016.pdf.
8 Determination Regarding Energy Efficiency
Improvements in the 2015 International Energy
Conservation Code (IECC); Notice of determination.
80 FR 33250 (June 11, 2015).
9 Updating State Residential Building Energy
Efficiency Codes, 77 FR 29322 (May 17, 2012).
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the IECC between the 2009 IECC and the
2015 IECC to provide more detail
regarding what the change in baseline
standard means.
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A. Updated Definition of New Federal
Building
The definition of ‘‘New Federal
building’’ in 10 CFR part 435 has not
previously been updated to match what
is found in 42 U.S.C. 6832(6). The
Energy Independence and Security Act
of 2007 (EISA 2007) updated the
definition of ‘‘Federal building’’ to
include privatized military family
housing and leased buildings. This rule
makes that update by revising the
definition of ‘‘New Federal building’’ to
mean ‘‘any new building (including a
complete replacement of an existing
building from the foundation up) to be
constructed by, or for the use of, any
federal agency.10 Such term shall
include buildings built for the purpose
of being leased by a federal agency, and
privatized military housing.’’ DOE
believes that the main impact of this
definition change for this rule will be
that privatized military housing will
now be required to follow the
requirements of 10 CFR part 435 for
energy efficiency instead of using
prevailing energy efficiency standards.
For example, privatized military family
housing constructed in the state of
Georgia must meet the requirements of
10 CFR part 435, which may or may not
be the same as the Georgia energy code.
This change is made solely to bring 10
CFR part 435 into agreement with 42
U.S.C. 6832(6).
B. Adding Explicit Mention of
Mechanical Ventilation Requirements in
the 2015 IECC
The 2015 IECC includes explicit
mechanical ventilation requirements for
new homes. Previous editions of the
IECC (prior to the 2012 IECC, but
including the 2009 IECC) referred to in
10 CFR part 435 did not explicitly
require mechanical ventilation. DOE
believes that ensuring adequate
ventilation is critical to ensuring good
indoor air quality and has therefore
explicitly added a mention of this
requirement in 10 CFR part 435. DOE
believes the main impact of this change
will be to require agencies to use the
newest residential ventilation standards.
The 2015 IECC explicitly mentions the
2015 International Mechanical Code
10 42 U.S.C. 6832 defines ‘‘Federal agency’’ as
‘‘any department, agency, corporation, or other
entity or instrumentality of the executive branch of
the Federal Government, including the United
States Postal Service, the Federal National Mortgage
Association, and the Federal Home Loan Mortgage
Corporation.’’
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(IMC) 11 and the 2015 International
Residential Code (IRC) 12 as optional
sources of ventilation requirements. The
2015 IECC also allows ‘‘other approved
means’’ of mechanical ventilation.
Specifically, Section R403.5 of the
2015 IECC requires that ‘‘the building
shall be provided with ventilation that
meets the requirements of the
International Residential Code or
International Mechanical Code, as
applicable, or with other approved
means of ventilation. Outdoor air
intakes and exhausts shall have
automatic or gravity dampers that close
when the ventilation system is not
operating’’. Section R403.5.1 of the 2015
IECC also requires that ‘‘Mechanical
ventilation system fans shall meet the
requirements of Table R403.5.1.’’ Table
R403.5.1 sets minimum efficacy for
range hoods, in-line fans, and bathroom
and utility room fans. DOE’s 2012 IECC
determination (previously footnoted)
states that the 2009 IECC does not
require any mechanical ventilation.
Section R403.5 of the 2012 IECC refers
to the 2012 International Residential
Code and International Mechanical
Code which, in tandem with the 2012
IECC, require that a mechanical
ventilation system meet these
requirements or other approved means
of ventilation in new homes.
DOE believes that the primary
technical authority on residential
ventilation is the American Society of
Heating, Refrigerating, and AirConditioning Engineers (ASHRAE)
Standard 62.2 committee. Their latest
standard—ASHRAE Standard 62.2–
2013,13 is the source of many of the
requirements in the 2015 IMC and 2015
IRC and could therefore be used as an
‘‘other approved means’’ by agencies. If
agencies wish to develop their own
mechanical ventilation standards, they
may choose to request an interpretation
from the ASHRAE Standard 62.2
committee as to whether or not the
agency’s own standard is an acceptable
substitute. Agencies may submit a
request for interpretation to the
committee using the procedures
outlined at https://www.ashrae.org/
standards-research--technology/
standards-forms--procedures/how-torequest-an-interpretation. Neither the
2015 IMC, nor 2015 IRC, nor ASHRAE
11 The 2015 IMC is available for read-only
viewing at https://codes.iccsafe.org/app/book/toc/
2015/I-Codes/2015%20IMC%20HTML/.
12 The 2015 IRC is available for read-only viewing
at https://codes.iccsafe.org/app/book/toc/2015/ICodes/2015%20IRC%20HTML/.
13 Standard 62.2–2013 is available for read-only
viewing at https://www.ashrae.org/standardsresearch--technology/standards--guidelines/otherashrae-standards-referenced-in-code.
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Standard 62.2–2013 are incorporated by
reference in this rule as they are options
that an agency may choose to use.
C. Expanding the List of Energy EndUses That Must Be Included in the 30
Percent Savings Calculation
Under the current 10 CFR 435.4,
Federal agencies that are designing new
Federal buildings that are low-rise
residential buildings must only consider
space heating, space cooling and
domestic water heating when making
the 30% savings calculation required in
10 CFR part 435 because the 2004 IECC
and 2009 IECC only included those
requirements. In addition to those three
elements, the 2015 IECC includes
explicit mechanical ventilation
requirements that, the energy used for
mechanical ventilation should be
included in the 30 percent savings
calculation required in 10 CFR part 435
as well. Also, both the 2015 IECC and
the 2009 IECC (the current baseline
standard for 10 CFR part 435) contain
requirements for high-efficacy lighting
and, therefore, lighting should be
included in the 30 percent savings
calculation as well. DOE believes that
the impact of this change on agencies
should be minimal as ventilation and
lighting end-uses should be part of the
output of any residential whole building
simulation tool that an agency might be
using for its calculations.
This rule also updates the
methodology used in the 30 Percent
Savings Calculation by directing
agencies to use the Simulated
Performance Alternative in the 2015
IECC as opposed to the Simulated
Performance Alternative in the 2009
IECC. Updates to the Simulation
Performance Alternative in the 2015
IECC from the Simulated Performance
Alternative in the 2009 IECC include
three clarifications to the
documentation, calculation procedure,
and calculation software tools sections
that point out that all subsections in
these sections must be addressed, as
well as a number of editorial changes to
call out specific sections in the 2015
IECC. There were also a few more
technical changes to the Simulated
Performance Alternative, including a
change to the calculation method for the
internal shade fraction, a change to the
treatment of air exchange rates, a change
to the default heating system
assumption in cases where electric
heating without a heat pump is used,
and a change in how thermal
distribution system efficiency is treated.
There are also new requirements for
compliance documentation associated
with the Simulated Performance
Alternative in the 2015 IECC. These
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requirements, while part of the 2015
IECC, do not apply to Federal buildings
as they are associated with applications
for building permits and certificates of
occupancy required from local code
officials.
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D. Other Energy Efficiency
Requirements
DOE also notes that there are a
number of statutory provisions,
regulations, Executive Orders, and
memoranda of understanding that
govern energy consumption in new
Federal buildings. These include, but
are not limited to, the Executive Order
13693 (80 FR 15871 (March 25, 2015));
sections 323, 431, 433, 434, and 523 of
the Energy Independence and Security
Act of 2007 (EISA 2007); section 109 of
the Energy Policy Act of 2005 (Pub. L.
109–58); and 10 CFR parts 433 and 435.
This rule supports and does not
supplant these other applicable
requirements and goals for new Federal
buildings. For example, by designing
buildings to meet the 2015 IECC
baseline, Federal agencies also help
achieve the energy intensity reductions
mandated under section 431 of EISA
2007.
Of particular significance is the
Administration’s Climate Action Plan,
(CAP), issued June 2013, in which the
President affirmed that the Federal
government must position itself as a
leader in clean energy and energy
efficiency, and pledged that Federal
agencies must surpass previous
greenhouse gas reduction achievements,
through a combination of consuming 20
percent of Federal electricity from
renewable sources by 2020, and by
pursuing greater energy efficiency in
Federal buildings.14 Additionally, the
President directed that efficiency
standards for appliances and Federal
buildings set in the first and second
terms combined would reduce carbon
pollution by at least 3 billion metric
tons cumulatively by 2030—equivalent
to nearly one-half of the carbon
pollution from the entire U.S. energy
sector for one year. This rule, which
DOE estimates will avoid cumulative
emissions of 690,200 metric tons of
carbon dioxide through 2030, directly
supports the Administration’s
undertaking to make energy efficiency
in Federal buildings an essential
stratagem in the government’s enduring
14 The President’s Climate Action Plan, Office of
the Executive Office of the President, https://
www.whitehouse.gov/sites/default/files/image/
president27sclimateactionplan.pdf, June 2013.
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achievement of the greenhouse gas
reduction goals set out in the CAP.
E. Synopsis of Changes to the IECC
Between the 2009 and 2015 IECC
The IECC is updated every three years
by the International Code Council (ICC).
Between the 2009 IECC and the 2015
IECC, the ICC also issued the 2012 IECC.
DOE, as part of its determination
process, evaluates each new version of
the IECC for low-rise residential
buildings. The following summaries are
taken directly from DOE’s
determinations and supporting analyses
for the 2012 IECC 15 and 2015 IECC.16
2012 IECC Changes
In creating the 2012 IECC, ICC
processed 27 sets of approved code
change proposals. Overall, DOE found
that the majority of changes in the 2012
IECC appear to be positive (i.e., have a
positive impact on energy savings)
within the context of the determination
analysis. Of the 27 sets of changes:
• 14 were considered beneficial;
• 9 were considered neutral;
• 2 were considered detrimental; and
• 2 were considered to have an
unquantifiable impact.
In the 2012 IECC, DOE noted the
following 14 sets of improvements:
1. Increases in prescriptive insulation
levels of walls, roofs and floors,
2. Decrease (improvement) in U-factor
allowances for fenestration,
3. Decrease (improvement) in
allowable Solar Heat Gain Coefficient
(SHGC) for fenestration in warm
climates,
4. Infiltration control: Mandated
whole house pressure test with strict
allowances for air leakage rates,
5. Wall insulation when structural
sheathing is used,
6. Ventilation fan efficiency,
7. Lighting—Increased fraction of
lamps required to be high-efficacy,
8. Air distribution systems—leakage
control requirements,
9. Hot water pipe insulation and
length requirements,
10. Skylight definition change,
11. Penalizing electric resistance
heating in the performance compliance
path,
12. Fireplace air leakage control,
13. Insulating covers for in-ground
spas, and
14. Baffles for attic insulation.
DOE also noted the following two
changes that decrease the efficiency of
the 2012 IECC:
15 See determination at https://www.gpo.gov/fdsys/
pkg/FR-2012-05-17/pdf/2012-12000.pdf. See
analysis of energy savings at https://
www.energycodes.gov/sites/default/files/
documents/NationalResidentialEnergyAnalysis.pdf.
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1. Steel-framed wall insulation, and
2. Air barrier location.
DOE also noted another two changes
the effect of which was unclear:
1. Fenestration SHGC requirement in
climate zone 4, and
2. Interior shading assumptions in the
performance compliance path.
DOE also noted nine additional
changes that had no apparent impact on
the energy performance of the 2012
IECC:
1. Clarification of the scope of the
residential building section of the IECC,
2. Definition of a whole house
ventilation system,
3. A requirement for the results of the
air leakage test to be put on the
certificate,
4. Inclusion of Visual Transmittance
(VT) in the code,
5. Clarification of recessed lighting
leakage rates,
6. Introduction of ASHRAE Test
Procedure 193 for HVAC equipment
leakage test rates,
7. Introduction of a new test standard
for home ventilation systems,
8. Clarification for the requirement for
thermal distribution system design in
the Simulated Performance Alternative,
and
9. Moving of a requirement for sizing
of equipment from an IRC reference into
the IECC.
All of these changes are discussed in
more detail in DOE’s 2012
Determination.
2015 IECC Changes
In creating the 2015 IECC, ICC
processed 76 approved code change
proposals. Overall, DOE found that the
vast majority of changes in the 2015
IECC appear to be neutral (i.e., have no
direct impact on energy savings) within
the context of the determination
analysis. DOE also found that beneficial
changes (i.e., increased energy savings)
outweigh any changes with a
detrimental effect on energy efficiency
in residential buildings. Of the 76 total
changes:
• 6 were considered beneficial;
• 62 were considered neutral;
• 5 were considered negligible;
• 2 were considered detrimental; and
• 1 was considered to have an
unquantifiable impact.
The 6 changes considered beneficial
are:
16 See determination at https://
www.regulations.gov/document?D=EERE-2014-BTDET-0030-0007.
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Nature of change
Reason for evaluation
Increases insulation requirements for return ducts in attics from R–6 to R–8.
Adds requirements for demand-activated control on hot
water circulation systems and heat trace systems.
Makes IECC, IRC, and IPC consistent and clarifies requirements for these systems.
Deletes requirement for domestic hot water (DHW) pipe
insulation to kitchen and the generic requirement on
long/large-diameter pipes. However, adds DHW pipe
insulation for 3⁄4-inch pipes.
Adds demand control requirements for recirculating systems that use a cold water supply pipe to return water
to the tank.
Revises language requiring the code to apply to historic
buildings if no ‘‘compromise to the historic nature and
function of the building’’ occurs.
Adds requirement for outdoor setback control for hot
water boilers that controls the boiler water temperature
based on the outdoor temperature.
Modestly reduces conduction losses from return ducts in attics.
Demand activated control reduces the runtime of circulation pumps.
Energy lost due to the elimination of hot water pipe insulation on the kitchen pipe is
typically more than made up by added insulation requirements for pipes 3⁄4 inches
in diameter, the most common size for trunk lines.
Demand activated control reduces the runtime of circulation pumps.
Additional buildings must meet the code requirements.
Lowering boiler water temperature during periods of moderate outdoor temperature
reduces energy consumption of the boiler.
The two changes were considered
detrimental were:
Nature of change
Reason for evaluation
Slightly increases sunroom U-factor ..................................
Defines a new ‘‘Tropical’’ climate zone and adds an optional compliance path for semi-conditioned residential
buildings with a list of pre-defined criteria to be
deemed as code compliant in this climate zone.
Applies to only climate zones 2 and 3; impacts only thermally isolated sunrooms.
Exception to code requirements applicable to a small number of homes in tropical
areas.
The remaining 68 changes were
primarily editorial in nature. These
changes are discussed in more detail in
Table III.1 in DOE’s 2015 IECC
Determination.
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IV. Compliance Date
This final rule applies to new Federal
low-rise residential buildings for which
design for construction begins on or
after one year from the publication date
of this rulemaking in the Federal
Register. (42 U.S.C. 6834(a)(1)) Such
buildings must be designed to exceed
the energy efficiency level of the
appropriate updated voluntary standard
by 30 percent if life-cycle cost-effective.
However, at a minimum, such buildings
must achieve the energy efficiency equal
to that of the appropriate updated
voluntary standard. One year lead time
before the design for construction begins
is consistent with DOE’s previous
updates to the energy efficiency
baselines and the original statutory
mandate for Federal building standards.
One year lead time before design for
construction begins helps minimize
compliance costs to agencies, which
may have planned buildings in various
stages of design, and allows for design
changes to more fully consider life-cycle
cost-effective measures (as opposed to
having to revise designs in
development, which may make
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incorporation of energy efficiency
measure more difficult or expensive).
V. Reference Resources
The Department originally prepared
this list of resources to help Federal
agencies achieve building energy
efficiency levels of at least 30 percent
below the 2009 IECC. The Department
has reviewed these resources and
believes that they continue to be useful
for helping agencies maximize their
energy efficiency levels. The
Department has updated this resource
list as appropriate. These resources
come in many forms and in a variety of
media. Resources are provided for all
buildings, and also specifically for lowrise residential buildings.
construction. 42 U.S.C. 8259b(b)
Although this rule does not specifically
address the use of this equipment,
ENERGY STAR and FEMP-Designated
products are generally more energy
efficient than the corresponding
requirements of the 2015 IECC, and may
be used to achieve part of the savings
required of Federal building designs.
Therefore, DOE lists this Web site as a
potential resource.
2. Life-Cycle Cost Analysis—U.S. DOE
Federal Energy Management Program
https://energy.gov/sites/prod/files/2015/
06/f23/ashb15.pdf
The life-cycle cost analysis rules
promulgated in 10 CFR part 436 Subpart
A Life-Cycle Cost Methodology and
A. Resources for Low-Rise Residential
Procedures conform to requirements in
Buildings
the Federal Energy Management
1. Energy Efficient Products—U.S. DOE
Improvement Act of 1988 (Pub. L. 100–
Federal Energy Management Program
615) and subsequent energy
and U.S. Environmental Protection
conservation legislation, as well as
Agency (EPA) ENERGY STAR Program
Executive Order 13693, Planning for
https://energy.gov/eere/femp/energy-and- Federal Sustainability in the Next
water-efficient-products
Decade. The life-cycle cost guidance
and required discount rates and energy
Federal agencies are required to
price projections are determined
specify Federal Energy Management
Program (FEMP) designated or ENERGY annually by FEMP and the Energy
Information Administration, and are
STAR equipment, including building
mechanical and lighting equipment and published in the Annual Supplement to
The National Institute of Standards and
builder-supplied appliances, for
Technology Handbook 135: ‘‘Energy
purchase and installation in all new
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Price Indices and Discount Factors for
Life-Cycle Cost Analysis’’.
3. ENERGY STAR Buildings—U.S.
Environmental Protection Agency and
U.S. Department of Energy
(https://www.energystar.gov/homes)
ENERGY STAR is a governmentbacked program helping businesses and
individuals protect the environment
through superior energy efficiency. The
EPA program requirements for ENERGY
STAR-labeled homes, effective as of the
date of this rule, provide a useful guide
for meeting the Federal energy
efficiency standard for low-rise
residential buildings.
9. 2015 IECC—ICC
https://shop.iccsafe.org/codes/2015international-codes-and-references/
2015-international-energyconservation-coder-1.html
The baseline energy efficiency
standard for low-rise residential
buildings is the 2015 IECC.
10. Whole Building Design Guide—
National Institute of Building Sciences
https://www.wbdg.org/
A portal providing one-stop access to
up-to-date information on a wide range
of building-related guidance, criteria
and technology from a ‘‘whole
buildings’’ perspective.
4. Passive House Institute US
VI. Regulatory Analysis
https://www.phius.org/home-page
This Web site provides information
on designing and building very low
energy homes.
A. Review Under Executive Order
12866, ‘‘Regulatory Planning and
Review’’
5. Energy Efficient Home Design—U.S.
DOE Building Technologies Program
https://energy.gov/energysaver/energyefficient-home-design
This Web site provides information
on energy efficient home design
strategies, and technologies to support
energy efficiency in residences.
6. 2012 National Green Building
Standard—ICC and NAHB
https://shop.iccsafe.org/2012-nationalgreen-building-standard-icc-7002012.html
This standard provides requirements
for building high-efficiency and green
homes and multi-family buildings.
7. LEED for Homes—US Green Building
Council
https://www.usgbc.org/articles/gettingknow-leed-homes-design-andconstruction
This certification system provides
requirements for building highefficiency and green homes and multifamily buildings.
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8. Green Globes—The Green Building
Initiative
https://www.thegbi.org/
This certification provides
requirements for building highefficiency and green multi-family
buildings.
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This final rule is a ‘‘significant
regulatory action’’ under Executive
Order 12866, ‘‘Regulatory Planning and
Review.’’ 58 FR 51735 (October 4, 1993).
Accordingly, this action was subject to
review by the Office of Information and
Regulatory Affairs in the Office of
Management and Budget (OMB). OMB
has completed its review. As discussed
previously in this rule, DOE is required
to determine, based on the costeffectiveness, whether the standards for
Federal buildings should be updated to
reflect an amendment to the IECC
standard. As stated in this preamble,
DOE complied with the statutory
language by analyzing the costeffectiveness of the 2015 IECC, and
through DOE’s involvement in the ICC
code development process, including
consideration of the cost-effectiveness of
the 2015 IECC.
DOE has also reviewed this regulation
pursuant to Executive Order 13563,
issued on January 18, 2011. 76 FR 3281
(January 21, 2011). E.O. 13563 is
supplemental to and explicitly reaffirms
the principles, structures, and
definitions governing regulatory review
established in Executive Order 12866.
Review under Executive Order 12866
requires an analysis of the economic
effect of the rule. For this purpose, DOE
estimated incremental first cost (in this
case, the difference between the cost of
a building designed to meet the 2015
IECC and a building designed to meet
the 2009 IECC) for the Federal low-rise
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2863
residential buildings sector, as well as
life-cycle cost net savings. DOE
determined that the total incremental
first cost estimate is an increase of $4.1
million per year, with an average first
cost increase of $2,051 per household.
DOE estimated $14.8 million in annual
life-cycle cost (LCC) net savings for the
entire Federal low-rise residential
buildings sector with an average lifecycle cost net savings of $7,421 per
household.
DOE’s assumptions and methodology
for the cost-effectiveness of this rule are
based on DOE’s cost-effectiveness
analysis of the 2015 IECC,17 as well as
DOE’s Environmental Assessment (EA)
for this rulemaking.18 The EA identified
a rate of new Federal residential
construction of 4,936 homes per year.
As described in the EA, this estimate is
derived from consideration of data from
a number of sources. DOE’s costeffectiveness analysis of the 2015 IECC
provides tables for the first cost
increase, the energy savings, and the life
cycle costs associated with the 2015
IECC versus the 2012 IECC and 2009
IECC by climate zone. DOE’s costeffectiveness report does not provide
national average values, but does
provide sufficient weighting data so that
these national averages can be
calculated. The weighting data provided
in the cost-effectiveness report is used
to generate the rows labeled ‘‘National
Average’’ in Tables 1, 2, and 3 in this
preamble.
Table 1 lists the increased first costs
associated with the 2015 IECC for a
standard 2,400 ft2 prototypical home
and a standard 1,200 ft2 prototypical
apartment/condo building. DOE
believes that the majority of Federal
low-rise residential construction will be
single family homes built by the
Department of Defense (or their
17 DOE’s Cost Effectiveness report on the 2015
IECC is ‘‘National Cost-Effectiveness of the
Residential Provisions of the 2015 IECC’’, PNNL–
24240, Mendon et al, June 2015. Available at
https://www.energycodes.gov/sites/default/files/
documents/2015IECC_CE_Residential.pdf.
18 The Environmental Assessment (EA) (DOE/EA–
2020) is entitled, ‘‘Environmental Assessment for
Final Rule, 10 CFR part 435, ‘Energy Efficiency
Standards for New Federal Low-Rise Residential
Buildings,’ Baseline Standards Update’’. The EA
may be found in the docket for this rulemaking and
at https://energy.gov/sites/prod/files/2016/12/f34/
EA-2020-FEA-2016.pdf.
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privatization contractors), but there is a
possibility that some Federal low-rise
multi-family buildings could be built,19
so the results of DOE’s first cost analysis
are shown in full. The 2015 IECC does
increase the first cost of construction of
new homes and apartments/condos
compared to the 2009 IECC in all
climate zones in the United States.
TABLE 1—TOTAL INCREMENTAL FIRST COST FOR 2015 IECC COMPARED TO THE 2009 IECC
2,400 ft 2 house
Climate zone
Unheated
basement, or
crawlspace
Slab-on-grade
1 .................................................................
1-tropical b ..................................................
2 .................................................................
3 .................................................................
4 .................................................................
5 .................................................................
6 .................................................................
7 .................................................................
8 .................................................................
National Average .......................................
Foundation Weight c ...................................
1,200 ft 2 apartment/condo a
$1,585
1,152
1,920
2,495
2,005
1,493
2,718
2,718
2,718
2,060
0.479
Heated
basement
$1,553
1,152
1,888
2,463
1,973
1,461
2,686
2,686
2,686
2,028
0.379
Slab,
unheated
basement, or
crawlspace
$1,553
1,152
1,888
2,463
1,973
1,715
2,686
2,686
2,686
2,081
0.142
$848
848
968
1,175
1,012
827
1,266
1,266
1,266
1,026
0.858
Heated
basement
$848
848
968
1,175
1,012
865
1,266
1,266
1,266
1,034
0.142
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a For multifamily homes with an oil-fired boiler, an additional incremental cost of $30.55 for the outdoor air temperature reset applies to all climate zones.
b This cost applies to 35% of all new single-family homes in the tropical climate zone. The tropical climate zone accounts for around 50% of all
new single-family construction starts in climate zone 1.
c Foundation weights from Table 1.3 of the 2015 IECC Cost-Effectiveness Report.
The first cost data shown in Table 1
can be further aggregated by foundation
type using the foundation type
weightings found in the 2015 IECC CostEffectiveness report (and also shown in
Table 1 in the row labeled ‘‘Foundation
Weights’’). The results of that weighting
indicate that the typical first cost of a
home would be $2,051 and that of an
apartment/condo would be $1,027.
These first cost increases should be
compared to the estimated first cost of
new Federal low-rise residential
construction, but that information is not
typically publicly available. Instead,
DOE has chosen to compare these costs
to typical costs in the private sector.
The National Association of Realtors
(NAR) in a press release dated
September 21, 2015 states that the
median U.S. single family home price
was $230,200 in August 2015.20 The
$2,051 cost increase represents
approximately 0.9% of the average cost
of a new home. As previously stated,
DOE does not believe that a large
fraction of Federal low-rise construction
falls under this rule, but for comparison,
the same NAR press release lists the
price for condominiums at $217,400.
The $1,027 cost increase for
condominiums represents a 0.5%
increase. Any increase in first cost
would be accompanied by a reduction
in energy costs and an increase in life
cycle cost savings.
The estimated energy cost savings
associated with the 2015 IECC is shown
in Table 2. This table is based on a
combination of single-family homes and
apartments/condos as described in
DOE’s cost-effectiveness report. While
the weighting of homes and apartments/
condos may not be identical in the
private and Federal sectors, the trends
are similar for both single-family homes
and apartments/condos. The 2015 IECC
saves a considerable amount of energy
costs over the 2009 IECC in all climate
zones in the United States.
19 DOE’s main source of Federal construction
information, the Federal Real Property Profile, does
list Family Housing and Barracks/Apartments as
separate categories but does not differentiate
Barracks/Apartments on the basis of number of
stories. DOE assumes the all Family Housing would
fall under this rule, while Barracks/Apartments are
regulated under the Federal building energy
efficiency standards for commercial and high-rise
multi-family buildings. While Barracks may be
envisioned long low buildings containing rows of
cots, this vision is driven primarily by old-style
barracks from the past. DOD’s new training barracks
tend to combine sleeping accommodations, class
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TABLE 2—AVERAGE ANNUAL ENERGY
COST SAVINGS FOR THE 2015 IECC
COMPARED TO THE 2009 IECC
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
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Climate zone
National Average ............
Sfmt 4700
$179
220
256
353
353
497
841
1,199
Average annual
energy cost
savings
($/residence-yr)
315
The life-cycle cost impact of the 2015
IECC is shown in Table 3. Again, these
values represent the combination of
single-family homes and apartments/
condos, but the trends are clear. The
2015 IECC has large life cycle costsavings in all climate zones in the U.S.
TABLE 3—TOTAL LIFE CYCLE COST
SAVINGS FOR THE 2015 IECC COMPARED TO THE 2009 IECC
Average annual
energy cost
savings
($/residence-yr)
Climate zone
1
2
3
4
5
6
7
8
TABLE 2—AVERAGE ANNUAL ENERGY
COST SAVINGS FOR THE 2015 IECC
COMPARED TO THE 2009 IECC—
Continued
Climate zone
1
2
3
4
5
6
7
......................................
......................................
......................................
......................................
......................................
......................................
......................................
Total life cycle
cost savings
($/residence-yr)
+$4,418
+5,725
+6,569
+8,088
+7,697
+11,231
+17,525
rooms, and physical training facilities and are
therefore designed by DOD using the Federal
commercial and high-rise multi-family
requirements.
20 See https://www.realtor.org/news-releases/2015/
09/existing-home-sales-stall-in-august-pricesmoderate.
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TABLE 3—TOTAL LIFE CYCLE COST
SAVINGS FOR THE 2015 IECC COMPARED TO THE 2009 IECC—Continued
Climate zone
Total life cycle
cost savings
($/residence-yr)
8 ......................................
National Average ............
+24,003
+7,421
for the design and construction of new
Federal buildings, is a rule relating to
public property, and therefore is not
subject to the rulemaking requirements
of the Administrative Procedure Act,
including the requirement to publish a
notice of proposed rulemaking. (See 5
U.S.C. 553(a)(2))
C. 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.
TABLE 4—ANNUAL NATIONAL AVERAGE As required by Executive Order 13272,
FIRST COST INCREASE, ENERGY Proper Consideration of Small Entities
SAVINGS, AND LIFE CYCLE COST in Agency Rulemaking, 67 FR 53461
SAVINGS FOR FEDERAL LOW RISE (August 16, 2002), DOE published
RESIDENTIAL SECTOR FOR THE 2015 procedures and policies on February 19,
2003, to ensure that the potential
IECC COMPARED TO 2009 IECC
impacts of its rules on small entities are
Annual national
properly considered during the
average fist cost
rulemaking process, 68 FR 7990. The
Metric
increase
Department has made its procedures
(million)
and policies available on the Office of
General Counsel’s Web site: https://
Incremental First Cost Increase .........................
$9.24 energy.gov/gc/office-general-counsel.
Energy Savings ..............
1.55
DOE has determined that a notice of
Life Cycle Cost Savings
36.6 proposed rulemaking is not required by
5 U.S.C. 553 or any other law for
B. Administrative Procedure Act
issuance of this rule. As such, the
analytical requirements of the
DOE notes that the determination
Regulatory Flexibility Act do not apply.
regarding the 2015 IECC in the context
of State building codes was subject to
D. Review Under the Paperwork
notice and comment in evaluating the
Reduction Act of 1995
voluntary consensus codes. See 79 FR
This rulemaking will impose no new
57915 (September 26, 2014) for the
information or record keeping
preliminary determination and 80 FR
requirements. Accordingly, Office of
33250 (June 11, 2015) for the final
Management and Budget (OMB)
determination. DOE also notes that the
clearance is not required under the
determination regarding the 2012 IECC
Paperwork Reduction Act. (44 U.S.C.
in the context of State building codes
3501 et seq).
was subject to notice and comment in
evaluating the voluntary consensus
E. Review Under the National
codes. See 76 FR 42688 (July 19, 2011)
Environmental Policy Act of 1969
for the preliminary determination and
The Department prepared an
77 FR 29322 (May 17, 2012) for the final
Environmental Assessment (EA) (DOE/
determination. The determinations
EA–2020) entitled, ‘‘Environmental
made in the context of the State codes
Assessment for Final Rule, 10 CFR part
are equally applicable in the context of
435, ‘Energy Efficiency Standards for
Federal buildings. DOE finds that
New Federal Low-Rise Residential
providing notice and comment on the
Buildings,’ Baseline Standards
determinations again in the context of
Update,’’ 21 pursuant to the Council on
Federal buildings would be
Environmental Quality’s (CEQ)
unnecessary. The fact that the voluntary
Regulations for Implementing the
consensus codes apply to Federal
Procedural Provisions of the National
buildings as opposed to the general
Environmental Policy Act (40 CFR parts
building stock does not require a
different evaluation of energy efficiency 1500–1508), the National Environmental
and cost-effectiveness. Additionally,
21 The EA may be found in the docket for this
DOE notes that this rule, which updates rulemaking and at https://energy.gov/sites/prod/
energy efficiency performance standards files/2016/12/f34/EA-2020-FEA-2016.pdf.
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Multiplying the estimated 4936 new
Federal homes per year by the national
average values in Tables 1, 2, and 3
provides a summary of annual cost
increases, energy savings, and first costincreases for the entire Federal low-rise
sector shown in Table 4.
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2865
Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321 et seq.), and DOE’s
NEPA Implementing Procedures (10
CFR part 1021).
The EA addresses the possible
incremental environmental effects
attributable to the application of the
final rule. The only anticipated impact
would be a decrease in outdoor air
pollutants resulting from decreased
fossil fuel burning for energy use in
Federal buildings. Therefore, DOE has
issued a Finding of No Significant
Impact (FONSI), pursuant to NEPA, the
regulations of the Council on
Environmental Quality (40 CFR parts
1500–1508), and DOE’s regulations for
compliance with NEPA (10 CFR part
1021).
To identify the potential
environmental impacts that may result
from implementing the final rule on
new Federal low-rise residential
buildings, DOE compared the
requirements of the final rule updating
energy efficiency performance standard
for Federal new low-rise residential
buildings to 2015 IECC with the ‘‘noaction alternative’’ of using the current
Federal standards (the 2009 IECC). This
comparison is identical to that
undertaken by DOE in its
determinations of energy savings of
those standards and codes.
Accordingly, DOE concludes in the
EA that new Federal buildings designed
and constructed to the 2015 IECC will
use less energy than new Federal
buildings designed and constructed to
the 2009 IECC because the 2015 IECC is
more efficient than 2009 IECC. This
decrease in energy usage translates to
reduced emissions of carbon dioxide
(CO2), nitrogen oxides (NOX), and
mercury (Hg) over the thirty-year period
examined in the EA. Cumulative
emission reductions for 30 years of
construction (2018 through 2047) and
30 years of energy reduction for each
building built during that period can be
estimated at up to 4,114,800 metric tons
of CO2, up to 3,147 metric tons of NOX,
and up to 0.0338 metric tons of Hg. DOE
conducted a separate calculation to
determine emissions reductions relative
to the targets identified in the CAP. This
calculation showed that the cumulative
reduction in CO2 emissions through
2030 amounts to 690,220 metric tons of
CO2.22
22 See discussion of CAP calculations in footnote
12 on page 23 of the EA for this rule. The EA may
be found in the docket for this rulemaking and at
https://energy.gov/sites/prod/files/2016/12/f34/EA2020-FEA-2016.pdf.
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F. Review Under Executive Order 13132,
‘‘Federalism’’
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications. On March
14, 2000, DOE published a statement of
policy describing the intergovernmental
consultation process it will follow in the
development of such regulations, 65 FR
13735. DOE examined this rule and
determined that it does not preempt
State law and does not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of Government. No further action
is required by Executive Order 13132.
G. Review Under Executive Order
12988, ‘‘Civil Justice Reform’’
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct, rather than a general
standard and promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct,
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
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review regulations in light of applicable
standards in section 3(a) and section
3(b) to determine whether they are met
or it is unreasonable to meet one or
more of them. DOE has completed the
required review and determined that, to
the extent permitted by law, this rule
meets the relevant standards of
Executive Order 12988.
H. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4) requires each Federal agency to
assess the effects of Federal regulatory
actions on State, local, and tribal
governments and the private sector. For
a proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a) and
(b)) The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and tribal
governments on a proposed ‘‘significant
intergovernmental mandate’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA (62 FR 12820) (also available at
https://energy.gov/gc/office-generalcounsel). This final rule contains
neither an intergovernmental mandate
nor a mandate that may result in the
expenditure of $100 million or more in
any year by State, local, and tribal
governments, in the aggregate, or by the
private sector, so these requirements
under the Unfunded Mandates Reform
Act do not apply.
I. Review Under the Treasury and
General Government Appropriations
Act of 1999
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule would not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
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prepare a Family Policymaking
Assessment.
J. Review Under Executive Order 12630,
‘‘Governmental Actions and
Interference With Constitutionally
Protected Property Rights’’
The Department has determined,
under Executive Order 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights’’ 53 FR 8859 (March 18, 1988)
that this rule would not result in any
takings which might require
compensation under the Fifth
Amendment to the United States
Constitution.
K. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note)
provides for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (February 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (October 7, 2002). DOE has
reviewed this final rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
L. Review Under Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to the Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget, a Statement of Energy Effects for
any proposed significant energy action.
A ‘‘significant energy action’’ is defined
as any action by an agency that
promulgated or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy, or
(3) is designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
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action and their expected benefits on
energy supply, distribution, and use.
DOE’s Energy Information
Administration (EIA) estimates that new
construction in the residential sector
will range from average about 81 million
households in the US in 2016, with a
growth rate of roughly 0.8% per year
which is equivalent to about 648,000
new households per year.23 This rule is
expected to incrementally reduce the
energy usage of approximately 4936 24
units of Federal low-rise residential
construction annually. Thus, the rule
represents approximately 0.76% of the
expected annual U.S. construction in
2017, and less in every succeeding year.
This final rule would not have a
significant adverse effect on the supply,
distribution, or use of energy and,
therefore, is not a significant energy
action. Accordingly, DOE has not
prepared a Statement of Energy Effects.
M. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91), DOE must comply with section 32
of the Federal Energy Administration
Act of 1974 (Pub. L. 93–275), as
amended by the Federal Energy
Administration Authorization Act of
1977 (Pub. L. 95–70). (15 U.S.C. 788)
Section 32 provides that where a
proposed rule authorizes or requires use
of commercial standards, the NOPR
must inform the public of the use and
background of such standards. In
addition, section 32(c) requires DOE to
consult with the Department of Justice
(DOJ) and the Federal Trade
Commission (FTC) concerning the
impact of the commercial or industry
standards on competition.
Although section 32 specifically refers
to the proposed rule stage, DOE is
meeting these requirements at the final
rule stage because there was no
proposed rule for this action. This final
rule incorporates testing methods
contained in the following commercial
standard: ICC 2015 IECC, International
Energy Conservation Code, 2014,
International Code Council, ISBN 978–
1–60983–486–9.
DOE has evaluated these standards
and notes that the IECC Standard is
developed under ICC’s governmental
consensus standard procedures, and is
under a three-year maintenance cycle.
ICC has established a program for
regular publication of errata and
23 See Table A4 of the 2016 Annual Energy
Outlook at https://www.eia.gov/forecasts/aeo/.
24 See Environmental Assessment for this rule for
origin of the 4936 homes estimate.
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revisions, including procedures for
timely, documented, consensus action
on requested changes to the IECC. The
2015 IECC was published in 2014.
However, DOE is unable to conclude
whether the IECC fully complies with
the requirements of section 32(b) of the
FEAA (i.e., whether they were
developed in a manner that fully
provides for public participation,
comment, and review). DOE has
consulted with both the Attorney
General and the Chairman of the FTC
about the impact on competition of
using the methods contained in these
standards and has received no
comments objecting to their use.
N. Description of Materials Incorporated
by Reference
In this rule, DOE incorporates by
reference the ICC 2015 IECC,
International Energy Conservation Code,
Copyright 2014. This U.S. standard
provides minimum requirements for
energy efficient designs for low-rise
residential buildings. Copies of this
standard are available from the
International Code Council, 4051 West
Flossmoor Road, Country Club Hills, IL
60478, 1–888–422–7233, https://
www.iccsafe.org.
VII. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule prior to its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
VIII. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects in 10 CFR Part 435
Buildings and facilities, Energy
conservation, Federal buildings and
facilities, Housing, Incorporation by
reference.
Issued in Washington, DC, on December
28, 2016.
David J. Friedman,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy.
For the reasons set forth in the
preamble, the Department of Energy
amends part 435 of chapter II of title 10
of the Code of Federal Regulations as set
forth below:
PART 435—ENERGY EFFICIENCY
STANDARDS FOR THE DESIGN AND
CONSTRUCTION OF NEW FEDERAL
LOW-RISE RESIDENTIAL BUILDINGS
1. The authority citation for part 435
continues to read as follows:
■
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2867
Authority: 42 U.S.C. 6831–6832; 6834–
6836; 42 U.S.C. 8253–54, 42 U.S.C. 7101 et
seq.
2. Section 435.2 is amended by:
a. Adding in alphabetical order the
definition of ‘‘IECC Baseline Building
2015’’; and
■ b. Revising the definition of ‘‘New
Federal building’’.
The revision and addition read as
follows:
■
■
§ 435.2
Definitions.
*
*
*
*
*
IECC Baseline Building 2015 means a
building that is otherwise identical to
the proposed building but is designed to
meet, but not exceed, the energy
efficiency specifications in the ICC IECC
2015 (incorporated by reference, see
§ 435.3).
*
*
*
*
*
New Federal building means any new
building (including a complete
replacement of an existing building
from the foundation up) to be
constructed by, or for the use of, any
federal agency. Such term shall include
buildings built for the purpose of being
leased by a federal agency, and
privatized military housing.
*
*
*
*
*
■ 3. Revise § 435.3(b) to read as follows:
§ 435.3 Materials incorporated by
reference.
*
*
*
*
*
(b) ICC. International Code Council,
4051 West Flossmoor Road, Country
Club Hills, IL 60478, 1–888–422–7233,
or go to https://www.iccsafe.org/.
(1) ICC International Energy
Conservation Code (IECC), 2004
Supplement Edition (‘‘IECC 2004’’),
January 2005, IBR approved for
§§ 435.2, 435.4, 435.5;
(2) ICC International Energy
Conservation Code (IECC), 2009 Edition
(‘‘IECC 2009’’), January 2009, IBR
approved for §§ 435.2, 435.4, 435.5.
(3) ICC International Energy
Conservation Code (IECC), 2015 Edition
(‘‘IECC 2015’’), published May 30, 2014,
IBR approved for §§ 435.2, 435.4, 435.5.
■ 4. Section 435.4 is amended by:
■ a. Revising the introductory text of
paragraph (a)(2);
■ b. Adding paragraph (a)(3); and
■ c. Revising paragraph (b).
The revisions and addition reads as
follows:
§ 435.4 Energy efficiency performance
standard.
(a) * * *
(2) All Federal agencies shall design
new Federal buildings that are low-rise
residential buildings, for which design
for construction began on or after
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August 10, 2012, but before January 10,
2018 to:
*
*
*
*
*
(3) All Federal agencies shall design
new Federal buildings that are low-rise
residential buildings, for which design
for construction began on or after
January 10, 2018 to:
(i) Meet the IECC 2015, (incorporated
by reference, see § 435.3), including the
mandatory mechanical ventilation
requirements in Section R403.6 of the
2015 IECC; and
(ii) If life-cycle cost-effective, achieve
energy consumption levels, calculated
consistent with paragraph (b) of this
section, that are at least 30 percent
below the levels of the IECC Baseline
Building 2015.
(b)(1) For new Federal low-rise
residential buildings whose design for
construction began before January 10,
2018, energy consumption for the
purposes of calculating the 30 percent
savings shall include space heating,
space cooling, and domestic water
heating.
(2) For new Federal low-rise
residential buildings whose design for
construction began on or after before
January 10, 2018, energy consumption
for the purposes of calculating the 30
percent savings shall include space
heating, space cooling, lighting,
mechanical ventilation, and domestic
water heating.
*
*
*
*
*
■ 5. Revise § 435.5 to read as follows:
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§ 435.5
Performance level determination.
(a) For new Federal buildings for
which design for construction began on
or after January 3, 2007, but before
August 10, 2012, each Federal agency
shall determine energy consumption
levels for both the IECC Baseline
Building 2004 and proposed building by
using the Simulated Performance
Alternative found in section 404 of the
IECC 2004 (incorporated by reference,
see § 435.3).
(b) For new Federal buildings for
which design for construction began on
or after August 10, 2012, but before
January 10, 2018, each Federal agency
shall determine energy consumption
levels for both the IECC Baseline
Building 2009 and proposed building by
using the Simulated Performance
Alternative found in section 405 of the
IECC 2009 (incorporated by reference,
see § 435.3).
(c) For new Federal buildings for
which design for construction began on
or after January 10, 2018 each Federal
agency shall determine energy
consumption levels for both the IECC
Baseline Building 2015 and proposed
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building by using the Simulated
Performance Alternative found in
section R405 of the IECC 2015
(incorporated by reference, see § 435.3).
[FR Doc. 2017–00025 Filed 1–9–17; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2016–8833; Airspace
Docket No. 16–ACE–8]
Amendment of Class E Airspace for
the Following Iowa Towns; Algona, IA;
Ankeny, IA; Atlantic, IA; Belle Plane,
IA; Creston, IA; Estherville, IA;
Grinnell, IA; Guthrie Center, IA; and
Oelwein, IA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action modifies Class E
surface area at Ankeny Regional Airport,
Ankeny, IA; and Class E airspace
extending upward from 700 feet above
the surface at Algona Municipal Airport,
Algona, IA; Ankeny Regional Airport;
Atlantic Municipal Airport, Atlantic, IA;
Belle Plaine Municipal Airport, Belle
Plaine, IA; Creston Municipal Airport,
Creston, IA; Estherville Municipal
Airport, Estherville, IA; Grinnell
Regional Airport, Grinnell, IA; Guthrie
County Regional Airport, Guthrie
Center, IA; and Oelwein Municipal
Airport, Oelwein, IA. Decommissioning
of non-directional radio beacons (NDB),
cancellation of NDB approaches, and
implementation of area navigation
(RNAV) procedures have made this
action necessary for the safety and
management of Instrument Flight Rules
(IFR) operations at these airports.
Additionally, the geographic
coordinates for Algona Municipal
Airport, Atlantic Municipal Airport, and
Grinnell Regional Airport are being
adjusted to coincide with the FAA’s
aeronautical database. The name of
Belle Plaine, IA, is also being adjusted
to correct a misspelling in the legal
description.
SUMMARY:
Effective 0901 UTC, April 27,
2017. The Director of the Federal
Register approves this incorporation by
reference action under Title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.11A,
Airspace Designations and Reporting
DATES:
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Points, and subsequent amendments can
be viewed online at https://www.faa.gov/
air_traffic/publications/. For further
information, you can contact the
Airspace Policy Group, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC, 20591;
telephone: 202–267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11A at NARA, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federalregulations/ibr_locations.html.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Claypool, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5711.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends
Class E surface area at Ankeny Regional
Airport, Ankeny, IA; and Class E
airspace extending upward from 700
feet above the surface at Algona
Municipal Airport, Algona, IA; Ankeny
Regional Airport; Atlantic Municipal
Airport, Atlantic, IA; Belle Plaine
Municipal Airport, Belle Plaine, IA;
Creston Municipal Airport, Creston, IA;
Estherville Municipal Airport,
Estherville, IA; Grinnell Regional
Airport, Grinnell, IA; Guthrie County
Regional Airport, Guthrie Center, IA;
and Oelwein Municipal Airport,
Oelwein, IA.
History
On September 23, 2016, the FAA
published in the Federal Register a
notice of proposed rulemaking (NPRM),
(81 FR 65583) Docket No. FAA–2016–
8833, to amend Class E surface area at
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]]>Agencies
[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Rules and Regulations]
[Pages 2857-2868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00025]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 435
[Docket No. EERE-2016-BT-STD-0003]
RIN 1904-AD56
Energy Efficiency Standards for the Design and Construction of
New Federal Low-Rise Residential Buildings' Baseline Standards Update
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is publishing this final
rule to implement provisions in the Energy Conservation and Production
Act (ECPA) that require DOE to update the baseline Federal energy
efficiency performance standards for the construction of new Federal
low-rise residential buildings. This rule updates the baseline Federal
residential standard to the International Code Council (ICC) 2015
International Energy Conservation Code (IECC).
DATES: This rule is effective March 13, 2017.
The incorporation by reference of a certain publication listed in
this rule was approved by the Director of the Federal Register as of
March 13, 2017.
All Federal agencies shall design new Federal buildings that are
low-rise residential buildings, for which design for construction began
on or after January 10, 2018, using the 2015 IECC as the baseline
standard for 10 CFR part 435.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at https://www.regulations.gov/docketBrowser?rpp=25&po=0&D=EERE-2016-BT-STD-0003].
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. The regulations.gov site contains simple instructions on how
to access all documents, including public comments, in the docket.
[[Page 2858]]
A link to the docket Web page can be found at https://www.regulations.gov/#!docketDetail;D=EERE-2016-BT-STD-0003. This Web
page will contain a link to the docket for this rule on the
www.regulations.gov site. The www.regulations.gov Web page will contain
simple instructions on how to access all documents, including public
comments, in the docket.
For further information on how to review the docket, contact Mr.
Nicolas Baker at (202) 586-8215 or by email: nicolas.baker@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Nicolas Baker, U.S. Department of Energy, Office of Energy Efficiency
and Renewable Energy, Federal Energy Management Program, Mailstop EE-
5F, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-8215,
email: nicolas.baker@ee.doe.gov.
Kavita Vaidyanathan, U.S. Department of Energy, Office of the General
Counsel, Forrestal Building, GC-33, 1000 Independence Avenue SW.,
Washington, DC 20585, (202) 586-0669, email:
kavita.vaidyanathan@hq.doe.gov.
SUPPLEMENTARY INFORMATION: This final rule incorporates by reference
the following standard into 10 CFR part 435: ICC International Energy
Conservation Code (IECC), 2015 Edition (``IECC 2015''), May 30, 2014.
Copies of this standard are available from the International Code
Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, 1-800-
422-7233, https://www.iccsafe.org/.
Also, a copy of this standard is available for inspection at U.S.
Department of Energy (DOE), Office of Energy Efficiency and Renewable
Energy, Federal Energy Management Program, 8th Floor, 956 L'Enfant
Plaza SW., Suite 8000, Washington, DC 20024. For information on the
availability of this standard at DOE, contact Mr. Cyrus Nasseri at
(202) 586-9138, or email Cyrus.nasseri@ee.doe.gov.
This standard is discussed in greater detail in section VI.N of
this document.
Table of Contents
I. Executive Summary of the Final Rule
II. Introduction
III. Synopsis of the Final Rule
A. Updated Definition of New Federal Building
B. Adding Explicit Mention of Mechanical Ventilation
Requirements in the 2015 IECC
C. Expanding the List of Energy End-Uses that must be included
in the 30 Percent Savings Calculation
D. Other Energy Efficiency Requirements
E. Synopsis of Changes to the IECC Between the 2009 and 2015
Versions
IV. Compliance Date
V. Reference Resources
A. Resources for Low-Rise Residential Buildings.
VI. Regulatory Analysis
A. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
B. Administrative Procedure Act
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 13132, ``Federalism''
G. Review Under Executive Order 12988, ``Civil Justice Reform''
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act of 1999
J. Review Under Executive Order 12630, ``Governmental Actions
and Interference With Constitutionally Protected Property Rights''
K. Review Under the Treasury and General Government
Appropriations Act, 2001
L. Review Under Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution,
or Use''
M. Review Under Section 32 of the Federal Energy Administration
Act of 1974
N. Description of Materials Incorporated by Reference
VII. Congressional Notification
VIII. Approval of the Office of the Secretary
I. Executive Summary of the Final Rule
Section 305 of the Energy Conservation and Production Act (ECPA),
as amended, requires DOE to determine whether the energy efficiency
standards for new Federal buildings should be updated to reflect
revisions to the IECC based on the cost-effectiveness of the revisions.
(42 U.S.C. 6834(a)(3)(B)) Accordingly, DOE conducted a cost-
effectiveness analysis that found the 2015 IECC to be cost-effective.
DOE's assumptions and methodology for the cost-effectiveness of this
rule are based on DOE's cost-effectiveness analysis of 2015 IECC, as
well as DOE's Environmental Assessment (EA) for this rulemaking.\1\
Therefore, in this final rule, DOE updates the energy efficiency
standards for new Federal buildings to the 2015 IECC for buildings for
which design for construction began on or after one year after the rule
is published in the Federal Register. (42 U.S.C. 6834(a)(3)(A)).
Federal buildings are defined as follows: ``any building to be
constructed by, or for the use of, any Federal agency. Such term shall
include buildings built for the purpose of being leased by a Federal
agency, and privatized military housing.'' (42 U.S.C. 6832(6)). This
term does not include renovations or modifications to existing
buildings.
---------------------------------------------------------------------------
\1\ The Environmental Assessment (EA) (DOE/EA-2020) is entitled,
``Environmental Assessment for Final Rule, 10 CFR part 435, `Energy
Efficiency Standards for New Federal Low-Rise Residential
Buildings,' Baseline Standards Update''. The EA may be found in the
docket for this rulemaking and at https://energy.gov/sites/prod/files/2016/12/f34/EA-2020-FEA-2016.pdf.
---------------------------------------------------------------------------
II. Introduction
ECPA, as amended, requires DOE to establish building energy
efficiency standards for all new Federal buildings. (42 U.S.C.
6834(a)(1)) The standards established under section 305(a)(1) of ECPA
must contain energy efficiency measures that are technologically
feasible, economically justified, and meet the energy efficiency levels
in the applicable voluntary consensus energy codes specified in section
305. (42 U.S.C. 6834(a)(1)-(3))
Under section 305 of ECPA, the referenced voluntary consensus code
for low-rise residential buildings is the International Code Council
(ICC) International Energy Conservation Code (IECC). (42 U.S.C.
6834(a)(2)(A)). DOE codified this referenced code as the baseline
Federal building standard in its existing energy efficiency standards
found in 10 CFR part 435. Also pursuant to section 305 of ECPA, DOE
must establish, by rule, revised Federal building energy efficiency
performance standards for new Federal buildings that require such
buildings to be designed to achieve energy consumption levels that are
at least 30 percent below the levels established in the referenced code
(baseline Federal building standard), if life-cycle cost-effective. (42
U.S.C. 6834(a)(3)(A)(i)(I))
Under section 305 of ECPA, not later than one year after the date
of approval of each subsequent revision of the ASHRAE Standard or the
IECC, DOE must determine whether to amend the baseline Federal building
standards with the revised voluntary standard based on the cost-
effectiveness of the revised voluntary standard. (42 U.S.C.
6834(a)(3)(B)) It is this requirement that this rulemaking addresses.
ICC has updated the IECC from the version currently referenced in DOE's
regulations at 10 CFR part 435. In this rule, DOE revises the latest
baseline Federal building standard for 10 CFR part 435 from the 2009
IECC to the 2015 IECC. DOE notes that although ICC published an update
to the IECC in 2012, this rule updates 10 CFR part 435 to the 2015 IECC
directly, without requiring agencies to comply with the 2012 IECC. DOE
notes however that because development of the IECC is incremental from
version to version, the 2015 IECC does include all content in
[[Page 2859]]
the 2012 IECC that was not specifically removed or modified during the
development of the 2015 IECC. DOE evaluated the 2012 IECC as well and
found it to be technologically feasible and economically justified.\2\
---------------------------------------------------------------------------
\2\ See DOE's determination for the 2012 IECC at https://www.gpo.gov/fdsys/pkg/FR-2012-05-17/pdf/2012-12000.pdf. See DOE's
analysis of the cost-effectiveness of the 2012 IECC at https://www.energycodes.gov/sites/default/files/documents/NationalResidentialCostEffectiveness.pdf. See DOE's analysis of the
cost savings of the 2009 IECC and 2012 IECC at https://www.energycodes.gov/sites/default/files/documents/NationalResidentialEnergyAnalysis.pdf.
---------------------------------------------------------------------------
Section 306(a) of ECPA provides that each Federal agency and the
Architect of the Capitol must adopt procedures to ensure that new
Federal buildings will meet or exceed the Federal building energy
efficiency standards established under section 305. (42 U.S.C. 6835(a))
ECPA Section 306(b) bars the head of a Federal agency from expending
Federal funds for the construction of a new Federal building unless the
building meets or exceeds the applicable baseline Federal building
energy standards established under section 305. (42 U.S.C. 6835(b))
Specifically, all new Federal buildings \3\ must be designed to achieve
the baseline standards in the International Energy Conservation Code
for low-rise residential buildings (and ASHRAE Standard 90.1 for
commercial and multi-family high-rise residential buildings) and
achieve energy consumption levels at least 30 percent below these
minimum baseline standards, where life-cycle cost-effective. (42 U.S.C.
6834(a)(3)(A)). This requirement does not extend to renovations or
modifications to existing buildings.
---------------------------------------------------------------------------
\3\ 42 U.S.C. 6832 defines ``Federal buildings'' as any building
to be constructed by, or for the use of, any Federal agency. Such
term shall include buildings built for the purpose of being leased
by a Federal agency, and privatized military housing. DOE's
codifications of this definition in 10 CFR 435 and 10 CFR 433
include a second sentence defining ``new buildings'', resulting in
the definition of ``new Federal buildings'' as ``New Federal
building means any building to be constructed by, or for the use of,
any Federal agency which is not legally subject to State or local
building codes or similar requirements. A new building is a building
constructed on a site that previously did not have a building or a
complete replacement of an existing building from the foundation
up.''
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III. Synopsis of the Final Rule
DOE is issuing this action as a final rule. As indicated in this
preamble, DOE must determine whether the energy efficiency standards
for new Federal buildings should be updated to reflect revisions to the
2015 IECC based on the cost-effectiveness of the revisions. (42 U.S.C.
6834(a)(3)(B)) In this final rule, DOE determines that the energy
efficiency standards for new Federal buildings should be updated to
reflect the 2015 revisions to the IECC based on the cost-effectiveness
of the revisions.
DOE reviewed the IECC for DOE's state building codes program and
determined that the 2015 version of the IECC would achieve greater
energy efficiency than the prior version (the 2012 version). (See 80 FR
33250 (June 11, 2015)) DOE also reviewed the 2012 version of the IECC
and determined that the 2012 version would achieve greater energy
efficiency than the prior version (the 2009 version currently
referenced in 10 CFR part 435). (See 77 FR 29322 (May 17, 2012)) Both
these determinations were subject to notice and comment. See 79 FR
57915 (September 26, 2014) and 76 FR 42688 (July 19, 2011) respectively
for the 2015 IECC and 2012 preliminary determinations. DOE found that
the 2015 version of the IECC would save 0.87% more source energy than
the 2012 version of the IECC \4\ and that the 2012 version of the IECC
would save 24% more source energy than the 2009 version of the IECC.\5\
---------------------------------------------------------------------------
\4\ Determination Regarding Energy Efficiency Improvements in
the 2015 International Energy Conservation Code (IECC); Notice of
determination, 80 FR 33250 (June 11, 2015)
\5\ Energy savings of the 2012 IECC over the 2009 IECC are shown
in Table 1 of Energy Use Savings for a Typical New Residential
Dwelling Unit Based on the 2009 and 2012 IECC as Compared to the
2006 IECC--Letter Report (PNNL-88603) (available at https://www.energycodes.gov/sites/default/files/documents/NationalResidentialEnergyAnalysis.pdf, rather than the actual
published determination.
---------------------------------------------------------------------------
In DOE's determination for the state building codes program, and
again in this rule, DOE states that the cost-effectiveness of revisions
to the voluntary codes is considered through DOE's statutorily directed
involvement in the codes process. See 80 FR 33250. Section 307 of ECPA
requires DOE to participate in the ICC code development process and to
assist in determining the cost-effectiveness of the voluntary
standards. (42 U.S.C. 6836) DOE is required 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))
In addition to DOE's consideration of the cost-effectiveness of the
2015 IECC through its participation in the codes development process,
DOE conducted an independent analysis of the cost-effectiveness of the
2015 IECC compared to the 2012 IECC and 2009 IECC. The results of the
analysis are discussed in section A. Review Under Executive Order
12866, ``Regulatory Planning and Review''.\6\ DOE's assumptions and
methodology for the cost-effectiveness of this rule are based on DOE's
cost-effectiveness analysis of the 2015 IECC, as well as DOE's
Environmental Assessment (EA) for this rulemaking.\7\
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\6\ National Cost-Effectiveness of the Residential Provisions of
the 2015 IECC, Mendon, V.V. et al. PNNL-24240, Pacific Northwest
National Laboratory, June 2015. https://www.energycodes.gov/sites/default/files/documents/2015IECC_CE_Residential.pdf.
\7\ The Environmental Assessment (EA) (DOE/EA-2020) is entitled,
``Environmental Assessment for Final Rule, 10 CFR part 435, `Energy
Efficiency Standards for New Federal Low-Rise Residential
Buildings,' Baseline Standards Update''. The EA may be found in the
docket for this rulemaking and at https://energy.gov/sites/prod/files/2016/12/f34/EA-2020-FEA-2016.pdf.
---------------------------------------------------------------------------
In this rule, DOE updates the energy efficiency standards
applicable to new Federal buildings based on the determinations made by
DOE as to the energy efficiency improvements of the 2015 IECC \8\ and
2012 IECC,\9\ as compared to the predecessor version (the 2009 IECC),
and based on the considerations of cost-effectiveness incorporated into
the codes processes, DOE's involvement in those processes, and DOE's
own cost-effectiveness analysis. This final rule amends 10 CFR part 435
to update the referenced baseline Federal energy efficiency performance
standards. This final rule does not make any changes to the overall
requirement that agencies must design buildings to meet the baseline
standard and, if life-cycle cost-effective, achieve savings of at least
30% below the baseline standard. The statutory requirement to achieve
savings of at least 30% below the levels established for the 2012 and
2015 IECC updates, applies to Federal agencies in the determinations
they make for individual buildings, but not to DOE's overall
determination for the purpose of this rule.
---------------------------------------------------------------------------
\8\ Determination Regarding Energy Efficiency Improvements in
the 2015 International Energy Conservation Code (IECC); Notice of
determination. 80 FR 33250 (June 11, 2015).
\9\ Updating State Residential Building Energy Efficiency Codes,
77 FR 29322 (May 17, 2012).
---------------------------------------------------------------------------
Three changes made to 10 CFR part 435 in this rule warrant further
discussion. These changes are: (1) Updated the definition of ``Federal
buildings'' to meet the requirements of 42 U.S.C. 6832(6); (2) explicit
reference to the new mechanical ventilation requirements found in the
2015 IECC to Sec. 435.4; and (3) expanded list of energy end-uses that
must be considered in the 30 percent savings calculation. Each of these
changes is discussed in this preamble. DOE is also providing a synopsis
of the major changes made to
[[Page 2860]]
the IECC between the 2009 IECC and the 2015 IECC to provide more detail
regarding what the change in baseline standard means.
A. Updated Definition of New Federal Building
The definition of ``New Federal building'' in 10 CFR part 435 has
not previously been updated to match what is found in 42 U.S.C.
6832(6). The Energy Independence and Security Act of 2007 (EISA 2007)
updated the definition of ``Federal building'' to include privatized
military family housing and leased buildings. This rule makes that
update by revising the definition of ``New Federal building'' to mean
``any new building (including a complete replacement of an existing
building from the foundation up) to be constructed by, or for the use
of, any federal agency.\10\ Such term shall include buildings built for
the purpose of being leased by a federal agency, and privatized
military housing.'' DOE believes that the main impact of this
definition change for this rule will be that privatized military
housing will now be required to follow the requirements of 10 CFR part
435 for energy efficiency instead of using prevailing energy efficiency
standards. For example, privatized military family housing constructed
in the state of Georgia must meet the requirements of 10 CFR part 435,
which may or may not be the same as the Georgia energy code. This
change is made solely to bring 10 CFR part 435 into agreement with 42
U.S.C. 6832(6).
---------------------------------------------------------------------------
\10\ 42 U.S.C. 6832 defines ``Federal agency'' as ``any
department, agency, corporation, or other entity or instrumentality
of the executive branch of the Federal Government, including the
United States Postal Service, the Federal National Mortgage
Association, and the Federal Home Loan Mortgage Corporation.''
---------------------------------------------------------------------------
B. Adding Explicit Mention of Mechanical Ventilation Requirements in
the 2015 IECC
The 2015 IECC includes explicit mechanical ventilation requirements
for new homes. Previous editions of the IECC (prior to the 2012 IECC,
but including the 2009 IECC) referred to in 10 CFR part 435 did not
explicitly require mechanical ventilation. DOE believes that ensuring
adequate ventilation is critical to ensuring good indoor air quality
and has therefore explicitly added a mention of this requirement in 10
CFR part 435. DOE believes the main impact of this change will be to
require agencies to use the newest residential ventilation standards.
The 2015 IECC explicitly mentions the 2015 International Mechanical
Code (IMC) \11\ and the 2015 International Residential Code (IRC) \12\
as optional sources of ventilation requirements. The 2015 IECC also
allows ``other approved means'' of mechanical ventilation.
---------------------------------------------------------------------------
\11\ The 2015 IMC is available for read-only viewing at https://codes.iccsafe.org/app/book/toc/2015/I-Codes/2015%20IMC%20HTML/.
\12\ The 2015 IRC is available for read-only viewing at https://codes.iccsafe.org/app/book/toc/2015/I-Codes/2015%20IRC%20HTML/.
---------------------------------------------------------------------------
Specifically, Section R403.5 of the 2015 IECC requires that ``the
building shall be provided with ventilation that meets the requirements
of the International Residential Code or International Mechanical Code,
as applicable, or with other approved means of ventilation. Outdoor air
intakes and exhausts shall have automatic or gravity dampers that close
when the ventilation system is not operating''. Section R403.5.1 of the
2015 IECC also requires that ``Mechanical ventilation system fans shall
meet the requirements of Table R403.5.1.'' Table R403.5.1 sets minimum
efficacy for range hoods, in-line fans, and bathroom and utility room
fans. DOE's 2012 IECC determination (previously footnoted) states that
the 2009 IECC does not require any mechanical ventilation. Section
R403.5 of the 2012 IECC refers to the 2012 International Residential
Code and International Mechanical Code which, in tandem with the 2012
IECC, require that a mechanical ventilation system meet these
requirements or other approved means of ventilation in new homes.
DOE believes that the primary technical authority on residential
ventilation is the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) Standard 62.2 committee. Their latest
standard--ASHRAE Standard 62.2-2013,\13\ is the source of many of the
requirements in the 2015 IMC and 2015 IRC and could therefore be used
as an ``other approved means'' by agencies. If agencies wish to develop
their own mechanical ventilation standards, they may choose to request
an interpretation from the ASHRAE Standard 62.2 committee as to whether
or not the agency's own standard is an acceptable substitute. Agencies
may submit a request for interpretation to the committee using the
procedures outlined at https://www.ashrae.org/standards-research--technology/standards-forms--procedures/how-to-request-an-interpretation. Neither the 2015 IMC, nor 2015 IRC, nor ASHRAE Standard
62.2-2013 are incorporated by reference in this rule as they are
options that an agency may choose to use.
---------------------------------------------------------------------------
\13\ Standard 62.2-2013 is available for read-only viewing at
https://www.ashrae.org/standards-research--technology/standards--guidelines/other-ashrae-standards-referenced-in-code.
---------------------------------------------------------------------------
C. Expanding the List of Energy End-Uses That Must Be Included in the
30 Percent Savings Calculation
Under the current 10 CFR 435.4, Federal agencies that are designing
new Federal buildings that are low-rise residential buildings must only
consider space heating, space cooling and domestic water heating when
making the 30% savings calculation required in 10 CFR part 435 because
the 2004 IECC and 2009 IECC only included those requirements. In
addition to those three elements, the 2015 IECC includes explicit
mechanical ventilation requirements that, the energy used for
mechanical ventilation should be included in the 30 percent savings
calculation required in 10 CFR part 435 as well. Also, both the 2015
IECC and the 2009 IECC (the current baseline standard for 10 CFR part
435) contain requirements for high-efficacy lighting and, therefore,
lighting should be included in the 30 percent savings calculation as
well. DOE believes that the impact of this change on agencies should be
minimal as ventilation and lighting end-uses should be part of the
output of any residential whole building simulation tool that an agency
might be using for its calculations.
This rule also updates the methodology used in the 30 Percent
Savings Calculation by directing agencies to use the Simulated
Performance Alternative in the 2015 IECC as opposed to the Simulated
Performance Alternative in the 2009 IECC. Updates to the Simulation
Performance Alternative in the 2015 IECC from the Simulated Performance
Alternative in the 2009 IECC include three clarifications to the
documentation, calculation procedure, and calculation software tools
sections that point out that all subsections in these sections must be
addressed, as well as a number of editorial changes to call out
specific sections in the 2015 IECC. There were also a few more
technical changes to the Simulated Performance Alternative, including a
change to the calculation method for the internal shade fraction, a
change to the treatment of air exchange rates, a change to the default
heating system assumption in cases where electric heating without a
heat pump is used, and a change in how thermal distribution system
efficiency is treated. There are also new requirements for compliance
documentation associated with the Simulated Performance Alternative in
the 2015 IECC. These
[[Page 2861]]
requirements, while part of the 2015 IECC, do not apply to Federal
buildings as they are associated with applications for building permits
and certificates of occupancy required from local code officials.
D. Other Energy Efficiency Requirements
DOE also notes that there are a number of statutory provisions,
regulations, Executive Orders, and memoranda of understanding that
govern energy consumption in new Federal buildings. These include, but
are not limited to, the Executive Order 13693 (80 FR 15871 (March 25,
2015)); sections 323, 431, 433, 434, and 523 of the Energy Independence
and Security Act of 2007 (EISA 2007); section 109 of the Energy Policy
Act of 2005 (Pub. L. 109-58); and 10 CFR parts 433 and 435. This rule
supports and does not supplant these other applicable requirements and
goals for new Federal buildings. For example, by designing buildings to
meet the 2015 IECC baseline, Federal agencies also help achieve the
energy intensity reductions mandated under section 431 of EISA 2007.
Of particular significance is the Administration's Climate Action
Plan, (CAP), issued June 2013, in which the President affirmed that the
Federal government must position itself as a leader in clean energy and
energy efficiency, and pledged that Federal agencies must surpass
previous greenhouse gas reduction achievements, through a combination
of consuming 20 percent of Federal electricity from renewable sources
by 2020, and by pursuing greater energy efficiency in Federal
buildings.\14\ Additionally, the President directed that efficiency
standards for appliances and Federal buildings set in the first and
second terms combined would reduce carbon pollution by at least 3
billion metric tons cumulatively by 2030--equivalent to nearly one-half
of the carbon pollution from the entire U.S. energy sector for one
year. This rule, which DOE estimates will avoid cumulative emissions of
690,200 metric tons of carbon dioxide through 2030, directly supports
the Administration's undertaking to make energy efficiency in Federal
buildings an essential stratagem in the government's enduring
achievement of the greenhouse gas reduction goals set out in the CAP.
---------------------------------------------------------------------------
\14\ The President's Climate Action Plan, Office of the
Executive Office of the President, https://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf, June 2013.
---------------------------------------------------------------------------
E. Synopsis of Changes to the IECC Between the 2009 and 2015 IECC
The IECC is updated every three years by the International Code
Council (ICC). Between the 2009 IECC and the 2015 IECC, the ICC also
issued the 2012 IECC. DOE, as part of its determination process,
evaluates each new version of the IECC for low-rise residential
buildings. The following summaries are taken directly from DOE's
determinations and supporting analyses for the 2012 IECC \15\ and 2015
IECC.\16\
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\15\ See determination at https://www.gpo.gov/fdsys/pkg/FR-2012-05-17/pdf/2012-12000.pdf. See analysis of energy savings at https://www.energycodes.gov/sites/default/files/documents/NationalResidentialEnergyAnalysis.pdf.
\16\ See determination at https://www.regulations.gov/document?D=EERE-2014-BT-DET-0030-0007.
---------------------------------------------------------------------------
2012 IECC Changes
In creating the 2012 IECC, ICC processed 27 sets of approved code
change proposals. Overall, DOE found that the majority of changes in
the 2012 IECC appear to be positive (i.e., have a positive impact on
energy savings) within the context of the determination analysis. Of
the 27 sets of changes:
14 were considered beneficial;
9 were considered neutral;
2 were considered detrimental; and
2 were considered to have an unquantifiable impact.
In the 2012 IECC, DOE noted the following 14 sets of improvements:
1. Increases in prescriptive insulation levels of walls, roofs and
floors,
2. Decrease (improvement) in U-factor allowances for fenestration,
3. Decrease (improvement) in allowable Solar Heat Gain Coefficient
(SHGC) for fenestration in warm climates,
4. Infiltration control: Mandated whole house pressure test with
strict allowances for air leakage rates,
5. Wall insulation when structural sheathing is used,
6. Ventilation fan efficiency,
7. Lighting--Increased fraction of lamps required to be high-
efficacy,
8. Air distribution systems--leakage control requirements,
9. Hot water pipe insulation and length requirements,
10. Skylight definition change,
11. Penalizing electric resistance heating in the performance
compliance path,
12. Fireplace air leakage control,
13. Insulating covers for in-ground spas, and
14. Baffles for attic insulation.
DOE also noted the following two changes that decrease the
efficiency of the 2012 IECC:
1. Steel-framed wall insulation, and
2. Air barrier location.
DOE also noted another two changes the effect of which was unclear:
1. Fenestration SHGC requirement in climate zone 4, and
2. Interior shading assumptions in the performance compliance path.
DOE also noted nine additional changes that had no apparent impact
on the energy performance of the 2012 IECC:
1. Clarification of the scope of the residential building section
of the IECC,
2. Definition of a whole house ventilation system,
3. A requirement for the results of the air leakage test to be put
on the certificate,
4. Inclusion of Visual Transmittance (VT) in the code,
5. Clarification of recessed lighting leakage rates,
6. Introduction of ASHRAE Test Procedure 193 for HVAC equipment
leakage test rates,
7. Introduction of a new test standard for home ventilation
systems,
8. Clarification for the requirement for thermal distribution
system design in the Simulated Performance Alternative, and
9. Moving of a requirement for sizing of equipment from an IRC
reference into the IECC.
All of these changes are discussed in more detail in DOE's 2012
Determination.
2015 IECC Changes
In creating the 2015 IECC, ICC processed 76 approved code change
proposals. Overall, DOE found that the vast majority of changes in the
2015 IECC appear to be neutral (i.e., have no direct impact on energy
savings) within the context of the determination analysis. DOE also
found that beneficial changes (i.e., increased energy savings) outweigh
any changes with a detrimental effect on energy efficiency in
residential buildings. Of the 76 total changes:
6 were considered beneficial;
62 were considered neutral;
5 were considered negligible;
2 were considered detrimental; and
1 was considered to have an unquantifiable impact.
The 6 changes considered beneficial are:
[[Page 2862]]
------------------------------------------------------------------------
Nature of change Reason for evaluation
------------------------------------------------------------------------
Increases insulation requirements Modestly reduces conduction losses
for return ducts in attics from R- from return ducts in attics.
6 to R-8.
Adds requirements for demand- Demand activated control reduces the
activated control on hot water runtime of circulation pumps.
circulation systems and heat
trace systems. Makes IECC, IRC,
and IPC consistent and clarifies
requirements for these systems.
Deletes requirement for domestic Energy lost due to the elimination
hot water (DHW) pipe insulation of hot water pipe insulation on the
to kitchen and the generic kitchen pipe is typically more than
requirement on long/large- made up by added insulation
diameter pipes. However, adds DHW requirements for pipes \3/4\ inches
pipe insulation for \3/4\-inch in diameter, the most common size
pipes. for trunk lines.
Adds demand control requirements Demand activated control reduces the
for recirculating systems that runtime of circulation pumps.
use a cold water supply pipe to
return water to the tank.
Revises language requiring the Additional buildings must meet the
code to apply to historic code requirements.
buildings if no ``compromise to
the historic nature and function
of the building'' occurs.
Adds requirement for outdoor Lowering boiler water temperature
setback control for hot water during periods of moderate outdoor
boilers that controls the boiler temperature reduces energy
water temperature based on the consumption of the boiler.
outdoor temperature.
------------------------------------------------------------------------
The two changes were considered detrimental were:
------------------------------------------------------------------------
Nature of change Reason for evaluation
------------------------------------------------------------------------
Slightly increases sunroom U- Applies to only climate zones 2 and
factor. 3; impacts only thermally isolated
sunrooms.
Defines a new ``Tropical'' climate Exception to code requirements
zone and adds an optional applicable to a small number of
compliance path for semi- homes in tropical areas.
conditioned residential buildings
with a list of pre-defined
criteria to be deemed as code
compliant in this climate zone.
------------------------------------------------------------------------
The remaining 68 changes were primarily editorial in nature. These
changes are discussed in more detail in Table III.1 in DOE's 2015 IECC
Determination.
IV. Compliance Date
This final rule applies to new Federal low-rise residential
buildings for which design for construction begins on or after one year
from the publication date of this rulemaking in the Federal Register.
(42 U.S.C. 6834(a)(1)) Such buildings must be designed to exceed the
energy efficiency level of the appropriate updated voluntary standard
by 30 percent if life-cycle cost-effective. However, at a minimum, such
buildings must achieve the energy efficiency equal to that of the
appropriate updated voluntary standard. One year lead time before the
design for construction begins is consistent with DOE's previous
updates to the energy efficiency baselines and the original statutory
mandate for Federal building standards. One year lead time before
design for construction begins helps minimize compliance costs to
agencies, which may have planned buildings in various stages of design,
and allows for design changes to more fully consider life-cycle cost-
effective measures (as opposed to having to revise designs in
development, which may make incorporation of energy efficiency measure
more difficult or expensive).
V. Reference Resources
The Department originally prepared this list of resources to help
Federal agencies achieve building energy efficiency levels of at least
30 percent below the 2009 IECC. The Department has reviewed these
resources and believes that they continue to be useful for helping
agencies maximize their energy efficiency levels. The Department has
updated this resource list as appropriate. These resources come in many
forms and in a variety of media. Resources are provided for all
buildings, and also specifically for low-rise residential buildings.
A. Resources for Low-Rise Residential Buildings
1. Energy Efficient Products--U.S. DOE Federal Energy Management
Program and U.S. Environmental Protection Agency (EPA) ENERGY STAR
Program
https://energy.gov/eere/femp/energy-and-water-efficient-products
Federal agencies are required to specify Federal Energy Management
Program (FEMP) designated or ENERGY STAR equipment, including building
mechanical and lighting equipment and builder-supplied appliances, for
purchase and installation in all new construction. 42 U.S.C. 8259b(b)
Although this rule does not specifically address the use of this
equipment, ENERGY STAR and FEMP-Designated products are generally more
energy efficient than the corresponding requirements of the 2015 IECC,
and may be used to achieve part of the savings required of Federal
building designs. Therefore, DOE lists this Web site as a potential
resource.
2. Life-Cycle Cost Analysis--U.S. DOE Federal Energy Management Program
https://energy.gov/sites/prod/files/2015/06/f23/ashb15.pdf
The life-cycle cost analysis rules promulgated in 10 CFR part 436
Subpart A Life-Cycle Cost Methodology and Procedures conform to
requirements in the Federal Energy Management Improvement Act of 1988
(Pub. L. 100-615) and subsequent energy conservation legislation, as
well as Executive Order 13693, Planning for Federal Sustainability in
the Next Decade. The life-cycle cost guidance and required discount
rates and energy price projections are determined annually by FEMP and
the Energy Information Administration, and are published in the Annual
Supplement to The National Institute of Standards and Technology
Handbook 135: ``Energy
[[Page 2863]]
Price Indices and Discount Factors for Life-Cycle Cost Analysis''.
3. ENERGY STAR Buildings--U.S. Environmental Protection Agency and U.S.
Department of Energy
(https://www.energystar.gov/homes)
ENERGY STAR is a government-backed program helping businesses and
individuals protect the environment through superior energy efficiency.
The EPA program requirements for ENERGY STAR-labeled homes, effective
as of the date of this rule, provide a useful guide for meeting the
Federal energy efficiency standard for low-rise residential buildings.
4. Passive House Institute US
https://www.phius.org/home-page
This Web site provides information on designing and building very
low energy homes.
5. Energy Efficient Home Design--U.S. DOE Building Technologies Program
https://energy.gov/energysaver/energy-efficient-home-design
This Web site provides information on energy efficient home design
strategies, and technologies to support energy efficiency in
residences.
6. 2012 National Green Building Standard--ICC and NAHB
https://shop.iccsafe.org/2012-national-green-building-standard-icc-700-2012.html
This standard provides requirements for building high-efficiency
and green homes and multi-family buildings.
7. LEED for Homes--US Green Building Council
https://www.usgbc.org/articles/getting-know-leed-homes-design-and-construction
This certification system provides requirements for building high-
efficiency and green homes and multi-family buildings.
8. Green Globes--The Green Building Initiative
https://www.thegbi.org/
This certification provides requirements for building high-
efficiency and green multi-family buildings.
9. 2015 IECC--ICC
https://shop.iccsafe.org/codes/2015-international-codes-and-references/2015-international-energy-conservation-coder-1.html
The baseline energy efficiency standard for low-rise residential
buildings is the 2015 IECC.
10. Whole Building Design Guide--National Institute of Building
Sciences
https://www.wbdg.org/
A portal providing one-stop access to up-to-date information on a
wide range of building-related guidance, criteria and technology from a
``whole buildings'' perspective.
VI. Regulatory Analysis
A. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
This final rule is a ``significant regulatory action'' under
Executive Order 12866, ``Regulatory Planning and Review.'' 58 FR 51735
(October 4, 1993). Accordingly, this action was subject to review by
the Office of Information and Regulatory Affairs in the Office of
Management and Budget (OMB). OMB has completed its review. As discussed
previously in this rule, DOE is required to determine, based on the
cost-effectiveness, whether the standards for Federal buildings should
be updated to reflect an amendment to the IECC standard. As stated in
this preamble, DOE complied with the statutory language by analyzing
the cost-effectiveness of the 2015 IECC, and through DOE's involvement
in the ICC code development process, including consideration of the
cost-effectiveness of the 2015 IECC.
DOE has also reviewed this regulation pursuant to Executive Order
13563, issued on January 18, 2011. 76 FR 3281 (January 21, 2011). E.O.
13563 is supplemental to and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866.
Review under Executive Order 12866 requires an analysis of the
economic effect of the rule. For this purpose, DOE estimated
incremental first cost (in this case, the difference between the cost
of a building designed to meet the 2015 IECC and a building designed to
meet the 2009 IECC) for the Federal low-rise residential buildings
sector, as well as life-cycle cost net savings. DOE determined that the
total incremental first cost estimate is an increase of $4.1 million
per year, with an average first cost increase of $2,051 per household.
DOE estimated $14.8 million in annual life-cycle cost (LCC) net savings
for the entire Federal low-rise residential buildings sector with an
average life-cycle cost net savings of $7,421 per household.
DOE's assumptions and methodology for the cost-effectiveness of
this rule are based on DOE's cost-effectiveness analysis of the 2015
IECC,\17\ as well as DOE's Environmental Assessment (EA) for this
rulemaking.\18\ The EA identified a rate of new Federal residential
construction of 4,936 homes per year. As described in the EA, this
estimate is derived from consideration of data from a number of
sources. DOE's cost-effectiveness analysis of the 2015 IECC provides
tables for the first cost increase, the energy savings, and the life
cycle costs associated with the 2015 IECC versus the 2012 IECC and 2009
IECC by climate zone. DOE's cost-effectiveness report does not provide
national average values, but does provide sufficient weighting data so
that these national averages can be calculated. The weighting data
provided in the cost-effectiveness report is used to generate the rows
labeled ``National Average'' in Tables 1, 2, and 3 in this preamble.
---------------------------------------------------------------------------
\17\ DOE's Cost Effectiveness report on the 2015 IECC is
``National Cost-Effectiveness of the Residential Provisions of the
2015 IECC'', PNNL-24240, Mendon et al, June 2015. Available at
https://www.energycodes.gov/sites/default/files/documents/2015IECC_CE_Residential.pdf.
\18\ The Environmental Assessment (EA) (DOE/EA-2020) is
entitled, ``Environmental Assessment for Final Rule, 10 CFR part
435, `Energy Efficiency Standards for New Federal Low-Rise
Residential Buildings,' Baseline Standards Update''. The EA may be
found in the docket for this rulemaking and at https://energy.gov/sites/prod/files/2016/12/f34/EA-2020-FEA-2016.pdf.
---------------------------------------------------------------------------
Table 1 lists the increased first costs associated with the 2015
IECC for a standard 2,400 ft\2\ prototypical home and a standard 1,200
ft\2\ prototypical apartment/condo building. DOE believes that the
majority of Federal low-rise residential construction will be single
family homes built by the Department of Defense (or their
[[Page 2864]]
privatization contractors), but there is a possibility that some
Federal low-rise multi-family buildings could be built,\19\ so the
results of DOE's first cost analysis are shown in full. The 2015 IECC
does increase the first cost of construction of new homes and
apartments/condos compared to the 2009 IECC in all climate zones in the
United States.
---------------------------------------------------------------------------
\19\ DOE's main source of Federal construction information, the
Federal Real Property Profile, does list Family Housing and
Barracks/Apartments as separate categories but does not
differentiate Barracks/Apartments on the basis of number of stories.
DOE assumes the all Family Housing would fall under this rule, while
Barracks/Apartments are regulated under the Federal building energy
efficiency standards for commercial and high-rise multi-family
buildings. While Barracks may be envisioned long low buildings
containing rows of cots, this vision is driven primarily by old-
style barracks from the past. DOD's new training barracks tend to
combine sleeping accommodations, class rooms, and physical training
facilities and are therefore designed by DOD using the Federal
commercial and high-rise multi-family requirements.
Table 1--Total Incremental First Cost for 2015 IECC Compared to the 2009 IECC
--------------------------------------------------------------------------------------------------------------------------------------------------------
2,400 ft \2\ house 1,200 ft \2\ apartment/condo
-------------------------------------------------------------- \a\
-------------------------------
Climate zone Unheated Heated Slab, unheated
Slab-on-grade basement, or basement basement, or Heated
crawlspace crawlspace basement
--------------------------------------------------------------------------------------------------------------------------------------------------------
1......................................................... $1,585 $1,553 $1,553 $848 $848
1-tropical \b\............................................ 1,152 1,152 1,152 848 848
2......................................................... 1,920 1,888 1,888 968 968
3......................................................... 2,495 2,463 2,463 1,175 1,175
4......................................................... 2,005 1,973 1,973 1,012 1,012
5......................................................... 1,493 1,461 1,715 827 865
6......................................................... 2,718 2,686 2,686 1,266 1,266
7......................................................... 2,718 2,686 2,686 1,266 1,266
8......................................................... 2,718 2,686 2,686 1,266 1,266
National Average.......................................... 2,060 2,028 2,081 1,026 1,034
Foundation Weight \c\..................................... 0.479 0.379 0.142 0.858 0.142
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ For multifamily homes with an oil-fired boiler, an additional incremental cost of $30.55 for the outdoor air temperature reset applies to all
climate zones.
\b\ This cost applies to 35% of all new single-family homes in the tropical climate zone. The tropical climate zone accounts for around 50% of all new
single-family construction starts in climate zone 1.
\c\ Foundation weights from Table 1.3 of the 2015 IECC Cost-Effectiveness Report.
The first cost data shown in Table 1 can be further aggregated by
foundation type using the foundation type weightings found in the 2015
IECC Cost-Effectiveness report (and also shown in Table 1 in the row
labeled ``Foundation Weights''). The results of that weighting indicate
that the typical first cost of a home would be $2,051 and that of an
apartment/condo would be $1,027. These first cost increases should be
compared to the estimated first cost of new Federal low-rise
residential construction, but that information is not typically
publicly available. Instead, DOE has chosen to compare these costs to
typical costs in the private sector.
The National Association of Realtors (NAR) in a press release dated
September 21, 2015 states that the median U.S. single family home price
was $230,200 in August 2015.\20\ The $2,051 cost increase represents
approximately 0.9% of the average cost of a new home. As previously
stated, DOE does not believe that a large fraction of Federal low-rise
construction falls under this rule, but for comparison, the same NAR
press release lists the price for condominiums at $217,400. The $1,027
cost increase for condominiums represents a 0.5% increase. Any increase
in first cost would be accompanied by a reduction in energy costs and
an increase in life cycle cost savings.
---------------------------------------------------------------------------
\20\ See https://www.realtor.org/news-releases/2015/09/existing-home-sales-stall-in-august-prices-moderate.
---------------------------------------------------------------------------
The estimated energy cost savings associated with the 2015 IECC is
shown in Table 2. This table is based on a combination of single-family
homes and apartments/condos as described in DOE's cost-effectiveness
report. While the weighting of homes and apartments/condos may not be
identical in the private and Federal sectors, the trends are similar
for both single-family homes and apartments/condos. The 2015 IECC saves
a considerable amount of energy costs over the 2009 IECC in all climate
zones in the United States.
Table 2--Average Annual Energy Cost Savings for the 2015 IECC Compared
to the 2009 IECC
------------------------------------------------------------------------
Average annual
energy cost
Climate zone savings ($/
residence-yr)
------------------------------------------------------------------------
1.................................................... $179
2.................................................... 220
3.................................................... 256
4.................................................... 353
5.................................................... 353
6.................................................... 497
7.................................................... 841
8.................................................... 1,199
National Average..................................... 315
------------------------------------------------------------------------
The life-cycle cost impact of the 2015 IECC is shown in Table 3.
Again, these values represent the combination of single-family homes
and apartments/condos, but the trends are clear. The 2015 IECC has
large life cycle cost-savings in all climate zones in the U.S.
Table 3--Total Life Cycle Cost Savings for the 2015 IECC Compared to the
2009 IECC
------------------------------------------------------------------------
Total life cycle
Climate zone cost savings ($/
residence-yr)
------------------------------------------------------------------------
1.................................................... +$4,418
2.................................................... +5,725
3.................................................... +6,569
4.................................................... +8,088
5.................................................... +7,697
6.................................................... +11,231
7.................................................... +17,525
[[Page 2865]]
8.................................................... +24,003
National Average..................................... +7,421
------------------------------------------------------------------------
Multiplying the estimated 4936 new Federal homes per year by the
national average values in Tables 1, 2, and 3 provides a summary of
annual cost increases, energy savings, and first cost-increases for the
entire Federal low-rise sector shown in Table 4.
Table 4--Annual National Average First Cost Increase, Energy Savings,
and Life Cycle Cost Savings for Federal Low Rise Residential Sector for
the 2015 IECC Compared to 2009 IECC
------------------------------------------------------------------------
Annual national
average fist cost
Metric increase
(million)
------------------------------------------------------------------------
Incremental First Cost Increase...................... $9.24
Energy Savings....................................... 1.55
Life Cycle Cost Savings.............................. 36.6
------------------------------------------------------------------------
B. Administrative Procedure Act
DOE notes that the determination regarding the 2015 IECC in the
context of State building codes was subject to notice and comment in
evaluating the voluntary consensus codes. See 79 FR 57915 (September
26, 2014) for the preliminary determination and 80 FR 33250 (June 11,
2015) for the final determination. DOE also notes that the
determination regarding the 2012 IECC in the context of State building
codes was subject to notice and comment in evaluating the voluntary
consensus codes. See 76 FR 42688 (July 19, 2011) for the preliminary
determination and 77 FR 29322 (May 17, 2012) for the final
determination. The determinations made in the context of the State
codes are equally applicable in the context of Federal buildings. DOE
finds that providing notice and comment on the determinations again in
the context of Federal buildings would be unnecessary. The fact that
the voluntary consensus codes apply to Federal buildings as opposed to
the general building stock does not require a different evaluation of
energy efficiency and cost-effectiveness. Additionally, DOE notes that
this rule, which updates energy efficiency performance standards for
the design and construction of new Federal buildings, is a rule
relating to public property, and therefore is not subject to the
rulemaking requirements of the Administrative Procedure Act, including
the requirement to publish a notice of proposed rulemaking. (See 5
U.S.C. 553(a)(2))
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, Proper Consideration of Small Entities in
Agency Rulemaking, 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process, 68 FR 7990. The Department
has made its procedures and policies available on the Office of General
Counsel's Web site: https://energy.gov/gc/office-general-counsel.
DOE has determined that a notice of proposed rulemaking is not
required by 5 U.S.C. 553 or any other law for issuance of this rule. As
such, the analytical requirements of the Regulatory Flexibility Act do
not apply.
D. Review Under the Paperwork Reduction Act of 1995
This rulemaking will impose no new information or record keeping
requirements. Accordingly, Office of Management and Budget (OMB)
clearance is not required under the Paperwork Reduction Act. (44 U.S.C.
3501 et seq).
E. Review Under the National Environmental Policy Act of 1969
The Department prepared an Environmental Assessment (EA) (DOE/EA-
2020) entitled, ``Environmental Assessment for Final Rule, 10 CFR part
435, `Energy Efficiency Standards for New Federal Low-Rise Residential
Buildings,' Baseline Standards Update,'' \21\ pursuant to the Council
on Environmental Quality's (CEQ) Regulations for Implementing the
Procedural Provisions of the National Environmental Policy Act (40 CFR
parts 1500-1508), the National Environmental Policy Act of 1969 (NEPA),
as amended (42 U.S.C. 4321 et seq.), and DOE's NEPA Implementing
Procedures (10 CFR part 1021).
---------------------------------------------------------------------------
\21\ The EA may be found in the docket for this rulemaking and
at https://energy.gov/sites/prod/files/2016/12/f34/EA-2020-FEA-2016.pdf.
---------------------------------------------------------------------------
The EA addresses the possible incremental environmental effects
attributable to the application of the final rule. The only anticipated
impact would be a decrease in outdoor air pollutants resulting from
decreased fossil fuel burning for energy use in Federal buildings.
Therefore, DOE has issued a Finding of No Significant Impact (FONSI),
pursuant to NEPA, the regulations of the Council on Environmental
Quality (40 CFR parts 1500-1508), and DOE's regulations for compliance
with NEPA (10 CFR part 1021).
To identify the potential environmental impacts that may result
from implementing the final rule on new Federal low-rise residential
buildings, DOE compared the requirements of the final rule updating
energy efficiency performance standard for Federal new low-rise
residential buildings to 2015 IECC with the ``no-action alternative''
of using the current Federal standards (the 2009 IECC). This comparison
is identical to that undertaken by DOE in its determinations of energy
savings of those standards and codes.
Accordingly, DOE concludes in the EA that new Federal buildings
designed and constructed to the 2015 IECC will use less energy than new
Federal buildings designed and constructed to the 2009 IECC because the
2015 IECC is more efficient than 2009 IECC. This decrease in energy
usage translates to reduced emissions of carbon dioxide
(CO2), nitrogen oxides (NOX), and mercury (Hg)
over the thirty-year period examined in the EA. Cumulative emission
reductions for 30 years of construction (2018 through 2047) and 30
years of energy reduction for each building built during that period
can be estimated at up to 4,114,800 metric tons of CO2, up
to 3,147 metric tons of NOX, and up to 0.0338 metric tons of
Hg. DOE conducted a separate calculation to determine emissions
reductions relative to the targets identified in the CAP. This
calculation showed that the cumulative reduction in CO2
emissions through 2030 amounts to 690,220 metric tons of
CO2.\22\
---------------------------------------------------------------------------
\22\ See discussion of CAP calculations in footnote 12 on page
23 of the EA for this rule. The EA may be found in the docket for
this rulemaking and at https://energy.gov/sites/prod/files/2016/12/f34/EA-2020-FEA-2016.pdf.
---------------------------------------------------------------------------
[[Page 2866]]
F. Review Under Executive Order 13132, ``Federalism''
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations, 65 FR 13735. DOE examined this rule
and determined that it does not preempt State law and does not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of Government. No further
action is required by Executive Order 13132.
G. Review Under Executive Order 12988, ``Civil Justice Reform''
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct, rather than a general standard and
promote simplification and burden reduction. Section 3(b) of Executive
Order 12988 specifically requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct, while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this rule meets the relevant standards of Executive
Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4) requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and tribal governments and the
private sector. For a proposed regulatory action likely to result in a
rule that may cause the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector of $100 million
or more in any one year (adjusted annually for inflation), section 202
of UMRA requires a Federal agency to publish a written statement that
estimates the resulting costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a) and (b)) The UMRA also requires a
Federal agency to develop an effective process to permit timely input
by elected officers of State, local, and tribal governments on a
proposed ``significant intergovernmental mandate'' and requires an
agency plan for giving notice and opportunity for timely input to
potentially affected small governments before establishing any
requirements that might significantly or uniquely affect small
governments. On March 18, 1997, DOE published a statement of policy on
its process for intergovernmental consultation under UMRA (62 FR 12820)
(also available at https://energy.gov/gc/office-general-counsel). This
final rule contains neither an intergovernmental mandate nor a mandate
that may result in the expenditure of $100 million or more in any year
by State, local, and tribal governments, in the aggregate, or by the
private sector, so these requirements under the Unfunded Mandates
Reform Act do not apply.
I. Review Under the Treasury and General Government Appropriations Act
of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. This final rule would not have any impact on the autonomy
or integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
J. Review Under Executive Order 12630, ``Governmental Actions and
Interference With Constitutionally Protected Property Rights''
The Department has determined, under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights'' 53 FR 8859 (March 18, 1988) that this rule would not
result in any takings which might require compensation under the Fifth
Amendment to the United States Constitution.
K. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
DOE has reviewed this final rule under the OMB and DOE guidelines and
has concluded that it is consistent with applicable policies in those
guidelines.
L. Review Under Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use''
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgated or is expected to lead to
promulgation of a final rule, and that: (1) Is a significant regulatory
action under Executive Order 12866, or any successor order; and (2) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (3) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternatives to the
[[Page 2867]]
action and their expected benefits on energy supply, distribution, and
use. DOE's Energy Information Administration (EIA) estimates that new
construction in the residential sector will range from average about 81
million households in the US in 2016, with a growth rate of roughly
0.8% per year which is equivalent to about 648,000 new households per
year.\23\ This rule is expected to incrementally reduce the energy
usage of approximately 4936 \24\ units of Federal low-rise residential
construction annually. Thus, the rule represents approximately 0.76% of
the expected annual U.S. construction in 2017, and less in every
succeeding year. This final rule would not have a significant adverse
effect on the supply, distribution, or use of energy and, therefore, is
not a significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
---------------------------------------------------------------------------
\23\ See Table A4 of the 2016 Annual Energy Outlook at https://www.eia.gov/forecasts/aeo/.
\24\ See Environmental Assessment for this rule for origin of
the 4936 homes estimate.
---------------------------------------------------------------------------
M. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91), DOE must comply with section 32 of the Federal Energy
Administration Act of 1974 (Pub. L. 93-275), as amended by the Federal
Energy Administration Authorization Act of 1977 (Pub. L. 95-70). (15
U.S.C. 788) Section 32 provides that where a proposed rule authorizes
or requires use of commercial standards, the NOPR must inform the
public of the use and background of such standards. In addition,
section 32(c) requires DOE to consult with the Department of Justice
(DOJ) and the Federal Trade Commission (FTC) concerning the impact of
the commercial or industry standards on competition.
Although section 32 specifically refers to the proposed rule stage,
DOE is meeting these requirements at the final rule stage because there
was no proposed rule for this action. This final rule incorporates
testing methods contained in the following commercial standard: ICC
2015 IECC, International Energy Conservation Code, 2014, International
Code Council, ISBN 978-1-60983-486-9.
DOE has evaluated these standards and notes that the IECC Standard
is developed under ICC's governmental consensus standard procedures,
and is under a three-year maintenance cycle. ICC has established a
program for regular publication of errata and revisions, including
procedures for timely, documented, consensus action on requested
changes to the IECC. The 2015 IECC was published in 2014. However, DOE
is unable to conclude whether the IECC fully complies with the
requirements of section 32(b) of the FEAA (i.e., whether they were
developed in a manner that fully provides for public participation,
comment, and review). DOE has consulted with both the Attorney General
and the Chairman of the FTC about the impact on competition of using
the methods contained in these standards and has received no comments
objecting to their use.
N. Description of Materials Incorporated by Reference
In this rule, DOE incorporates by reference the ICC 2015 IECC,
International Energy Conservation Code, Copyright 2014. This U.S.
standard provides minimum requirements for energy efficient designs for
low-rise residential buildings. Copies of this standard are available
from the International Code Council, 4051 West Flossmoor Road, Country
Club Hills, IL 60478, 1-888-422-7233, https://www.iccsafe.org.
VII. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
VIII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 435
Buildings and facilities, Energy conservation, Federal buildings
and facilities, Housing, Incorporation by reference.
Issued in Washington, DC, on December 28, 2016.
David J. Friedman,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, the Department of Energy
amends part 435 of chapter II of title 10 of the Code of Federal
Regulations as set forth below:
PART 435--ENERGY EFFICIENCY STANDARDS FOR THE DESIGN AND
CONSTRUCTION OF NEW FEDERAL LOW-RISE RESIDENTIAL BUILDINGS
0
1. The authority citation for part 435 continues to read as follows:
Authority: 42 U.S.C. 6831-6832; 6834-6836; 42 U.S.C. 8253-54, 42
U.S.C. 7101 et seq.
0
2. Section 435.2 is amended by:
0
a. Adding in alphabetical order the definition of ``IECC Baseline
Building 2015''; and
0
b. Revising the definition of ``New Federal building''.
The revision and addition read as follows:
Sec. 435.2 Definitions.
* * * * *
IECC Baseline Building 2015 means a building that is otherwise
identical to the proposed building but is designed to meet, but not
exceed, the energy efficiency specifications in the ICC IECC 2015
(incorporated by reference, see Sec. 435.3).
* * * * *
New Federal building means any new building (including a complete
replacement of an existing building from the foundation up) to be
constructed by, or for the use of, any federal agency. Such term shall
include buildings built for the purpose of being leased by a federal
agency, and privatized military housing.
* * * * *
0
3. Revise Sec. 435.3(b) to read as follows:
Sec. 435.3 Materials incorporated by reference.
* * * * *
(b) ICC. International Code Council, 4051 West Flossmoor Road,
Country Club Hills, IL 60478, 1-888-422-7233, or go to https://www.iccsafe.org/.
(1) ICC International Energy Conservation Code (IECC), 2004
Supplement Edition (``IECC 2004''), January 2005, IBR approved for
Sec. Sec. 435.2, 435.4, 435.5;
(2) ICC International Energy Conservation Code (IECC), 2009 Edition
(``IECC 2009''), January 2009, IBR approved for Sec. Sec. 435.2,
435.4, 435.5.
(3) ICC International Energy Conservation Code (IECC), 2015 Edition
(``IECC 2015''), published May 30, 2014, IBR approved for Sec. Sec.
435.2, 435.4, 435.5.
0
4. Section 435.4 is amended by:
0
a. Revising the introductory text of paragraph (a)(2);
0
b. Adding paragraph (a)(3); and
0
c. Revising paragraph (b).
The revisions and addition reads as follows:
Sec. 435.4 Energy efficiency performance standard.
(a) * * *
(2) All Federal agencies shall design new Federal buildings that
are low-rise residential buildings, for which design for construction
began on or after
[[Page 2868]]
August 10, 2012, but before January 10, 2018 to:
* * * * *
(3) All Federal agencies shall design new Federal buildings that
are low-rise residential buildings, for which design for construction
began on or after January 10, 2018 to:
(i) Meet the IECC 2015, (incorporated by reference, see Sec.
435.3), including the mandatory mechanical ventilation requirements in
Section R403.6 of the 2015 IECC; and
(ii) If life-cycle cost-effective, achieve energy consumption
levels, calculated consistent with paragraph (b) of this section, that
are at least 30 percent below the levels of the IECC Baseline Building
2015.
(b)(1) For new Federal low-rise residential buildings whose design
for construction began before January 10, 2018, energy consumption for
the purposes of calculating the 30 percent savings shall include space
heating, space cooling, and domestic water heating.
(2) For new Federal low-rise residential buildings whose design for
construction began on or after before January 10, 2018, energy
consumption for the purposes of calculating the 30 percent savings
shall include space heating, space cooling, lighting, mechanical
ventilation, and domestic water heating.
* * * * *
0
5. Revise Sec. 435.5 to read as follows:
Sec. 435.5 Performance level determination.
(a) For new Federal buildings for which design for construction
began on or after January 3, 2007, but before August 10, 2012, each
Federal agency shall determine energy consumption levels for both the
IECC Baseline Building 2004 and proposed building by using the
Simulated Performance Alternative found in section 404 of the IECC 2004
(incorporated by reference, see Sec. 435.3).
(b) For new Federal buildings for which design for construction
began on or after August 10, 2012, but before January 10, 2018, each
Federal agency shall determine energy consumption levels for both the
IECC Baseline Building 2009 and proposed building by using the
Simulated Performance Alternative found in section 405 of the IECC 2009
(incorporated by reference, see Sec. 435.3).
(c) For new Federal buildings for which design for construction
began on or after January 10, 2018 each Federal agency shall determine
energy consumption levels for both the IECC Baseline Building 2015 and
proposed building by using the Simulated Performance Alternative found
in section R405 of the IECC 2015 (incorporated by reference, see Sec.
435.3).
[FR Doc. 2017-00025 Filed 1-9-17; 8:45 am]
BILLING CODE 6450-01-P
