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



10 CFR Part 431

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

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

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

ACTION: Notice of preliminary determination.


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

[[Page 27779]]

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

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

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

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


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

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

I. Statutory Authority

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

II. Introduction

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

[[Page 27780]]

September 2013. Standard 90.1-2013 was published in October 2013.\3\ 
More information on ANSI/ASHRAE/IES Standard 90.1-2013 is available at: 

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

III. Methodology

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

Overview of Methodology

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

Consideration for Technological and Economic Factors

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

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

[[Page 27781]]

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

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

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

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

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

IV. Summary of Findings

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

Qualitative Analysis

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

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

[[Page 27782]]

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

[[Page 27783]]

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

[[Page 27784]]

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

[[Page 27785]]

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

[[Page 27786]]

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

[[Page 27787]]

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

[[Page 27788]]

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

[[Page 27789]]

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

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

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

[[Page 27790]]

Quantitative Analysis

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

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

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

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

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

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

[[Page 27791]]

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

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

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

V. Preliminary Determination Statement

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

VI. State Certification

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

State Review and Update

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

[[Page 27792]]

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

State Certification Statements

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

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

Requests for Extensions

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

VII. Regulatory Review and Analysis

Review Under Executive Orders 12866 and 13563

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

Review Under the Regulatory Flexibility Act

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

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

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

Review Under the National Environmental Policy Act of 1969

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

[[Page 27793]]

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

Review Under Executive Order 13132, ``Federalism''

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

Review Under Unfunded Mandates Reform Act of 1995

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

[[Page 27794]]


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

Review Under the Treasury and General Government Appropriations Act of 

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

Review Under the Treasury and General Government Appropriations Act of 

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

Review Under Executive Order 13211

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

Review Under Executive Order 13175

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

VIII. Public Participation

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

Submitting Comments via the Regulations.gov Web site

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

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

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

[[Page 27795]]

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

Campaign Form Letters

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

Confidential Business Information

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

Notification of Special Requests

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

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