[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Rules and Regulations]
[Pages 70275-70284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20439]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Parts 433, 434, and 435

[Docket No. EE-RM/STD-02-112]
RIN 1904-AB13


Energy Conservation Standards for New Federal Commercial and 
Multi-Family High-Rise Residential Buildings and New Federal Low-Rise 
Residential Buildings

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

ACTION: Interim final rule; request for comments.

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SUMMARY: The U.S. Department of Energy (DOE) is publishing this interim 
final rule to implement provisions in the Energy Policy Act of 2005 
that require DOE to establish revised energy efficiency performance 
standards for the construction of all new Federal buildings, including 
both commercial and multi-family high-rise residential buildings and 
low-rise residential buildings.

DATES: The amendment made by this interim final rule is effective 
January 3, 2007. The incorporation by reference of certain publications 
in the interim final

[[Page 70276]]

rule is approved by the Director of the Federal Register as of January 
3, 2007.
    Comment Date: Comments must be received by DOE no later than 
February 2, 2007. If you submit information that you believe to be 
exempt by law from public disclosure, you should submit one complete 
copy, as well as one copy from which the information claimed to be 
exempt by law from public disclosure has been deleted. DOE is 
responsible for the final determination with regard to disclosure or 
nondisclosure of the information and for treating it accordingly under 
the DOE Freedom of Information regulations at 10 CFR 1004.11.

ADDRESSES: You may submit comments, identified by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include EE-RM/STD-02-112 
and/or RIN 1904-AB13 in the subject line of the message.
     Postal Mail: Mr. Cyrus Nasseri, U.S. Department of Energy, 
Federal Energy Management Program, Mailstop EE-2L, Energy Standard for 
New Federal Commercial and Multi-Family High-Rise Residential Buildings 
and Energy Standards for New Federal Low-Rise Residential Buildings, 
EE-RM/STD-02-112 and/or RIN 1904-AB13, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Telephone: (202) 586-9138. Please submit one 
signed paper original.
     Hand Delivery/Courier: Mr. Cyrus Nasseri, U.S. Department 
of Energy, Federal Energy Management Program, Room 1M-048, 1000 
Independence Avenue, SW., Washington, DC 20585-0121.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Information Number (RIN) for this 
rulemaking.
    Docket: For access to the docket to read background documents or 
comments received by DOE, go to the U.S. Department of Energy, 
Forrestal Building, Room 1M-048 (Resource Room of the Federal Energy 
Management Program), 1000 Independence Avenue, SW., Washington, DC, 
(202) 586-9127, between 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. Please call Mr. Cyrus Nasseri at the above 
telephone number for additional information regarding visiting the 
Resource Room.

FOR FURTHER INFORMATION CONTACT: Cyrus Nasseri, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Federal 
Energy Management Program, EE-2L, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121, (202) 586-9138, e-mail: 
[email protected], or Stephen P. Walder, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Federal 
Energy Management Program, EE-2L, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121, (202) 586-9209, e-mail: 
[email protected], or Chris Calamita, Esq., U.S. Department of 
Energy, Office of the General Counsel, Forrestal Building, GC-72, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-9507, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In this rule, DOE incorporates by reference 
into Title 10, Code of Federal Regulations (CFR), Parts 433 and 435, 
ANSI/ASHRAE/IESNA Standard 90.1-2004, Energy Standard for Buildings 
Except Low-Rise Residential Buildings, January 2004, American Society 
of Heating Refrigerating and Air-Conditioning Engineers, Inc., ISSN 
1041-2336, and ICC International Energy Conservation Code (IECC), 2004 
Supplement Edition, January 2005, International Code Council, ISBN 
7801S04.
    You can view copies of these standards in the resource room of the 
Building Technologies Program, Room IJ-018 at the U.S. Department of 
Energy, 1000 Independence Avenue, SW., Washington, DC 20585, between 
the hours of 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Please call Ms. Brenda Edwards-Jones at (202) 586-2945 for 
additional information regarding visiting the resource room.
    You can purchase copies of ASHRAE Standard 90.1-2004 from ASHRAE 
Publication Sales, 1791Tullie Circle, NE, Atlanta, GA 30329, http://resourcecenter.ashrae.org/store/ashrae/; and copies of the 2004 
International Energy Conservation Code, chapters 1-4 from the 
International Code Council, Publications, 4051 West Flossmoor Road, 
Country Club Hills, IL 60478-5795, http://www.iccsafe.org/e/category.html.

I. Introduction
II. Discussion of Today's Action
III. Section 109 of the Energy Policy Act of 2005 Requirements Not 
Addressed in Today's Rule
IV. Reference Resources
V. Procedural Requirements
VI. Congressional Notification
VII. Approval of the Office of the Secretary

I. Introduction

    Section 305 of the Energy Conservation and Production Act (Pub. L. 
94-385, ECPA) was amended by Title I of the Energy Policy Act of 1992 
(Pub. L. 102-486). Section 305(a)(1) of ECPA requires DOE to establish 
building energy efficiency standards for all new Federal buildings. (42 
U.S.C. 6834(a)(1).) Section 305(a)(1) requires standards for Federal 
buildings that contain energy efficiency measures that are 
technologically feasible and economically justified but, at a minimum, 
require the subject buildings to meet the energy saving and renewable 
energy specifications in the applicable voluntary consensus energy code 
specified in section 305(a)(2). (42 U.S.C. 6834(a)(1) and (2).) Until 
amended by the Energy Policy Act of 2005 (Pub. L. 109-58), section 
305(a)(2) set the minimum or baseline standards as the CABO (Council of 
American Building Officials) Model Energy Code, 1992 (for residential 
buildings) and ASHRAE (American Society of Heating, Refrigerating, and 
Air-Conditioning Engineers) Standard 90.1-1989 (for commercial and 
multi-family high rise residential buildings). Section 305(a)(2)(C) of 
ECPA requires that DOE consider, in consultation with the Environmental 
Protection Agency and other Federal agencies, and where appropriate, 
measures regarding radon and other indoor air pollutants.
    Section 306(a)(1) of ECPA provides that each Federal agency must 
adopt procedures to ensure that new Federal buildings will meet or 
exceed the Federal building energy efficiency standards established 
under section 305. (42 U.S.C. 6835(a)(1).) Additionally, section 
306(a)(2) extends the requirements for new Federal buildings 
established under section 305 to buildings under the jurisdiction of 
the Architect of the Capitol. (42 U.S.C. 6835(a)(2).) Section 306(b) 
bars the head of a Federal agency from expending Federal funds for the 
construction of a new Federal building unless the building meets or 
exceeds the applicable Federal building energy standards established 
under section 305. (42 U.S.C. 6835(b).)
    DOE established Federal building standards under ECPA and initially 
placed both the commercial and residential standards in Part 435 of 
Title 10 of the CFR. In a final rule published on October 6, 2000, DOE 
established new energy efficiency standards for new Federal commercial 
and multi-family high-rise residential buildings (65 FR 59999). DOE 
placed the revised Federal commercial and multi-family high-rise

[[Page 70277]]

residential building standards in a new 10 CFR Part 434, entitled 
``Energy Code for New Federal Commercial and Multi-Family High Rise 
Residential Buildings.'' The standards for Federal low-rise residential 
buildings remain in 10 CFR Part 435.
    Section 109 of the Energy Policy Act of 2005 amended section 305 of 
ECPA. (42 U.S.C. 6835.) Section 109 replaced the minimum standards 
referenced in section 305(a)(2)(A) with references to updated building 
codes that are widely used today. For residential buildings, CABO Model 
Energy Code, 1992, was replaced with the 2004 International Energy 
Conservation Code (IECC). For commercial and multi-family high rise 
buildings, ASHRAE Standard 90.1-1989 was replaced with ASHRAE Standard 
90.1-2004.
    Section 109 of the Energy Policy Act of 2005 also added a new 
section 305(a)(3)(A) that requires DOE to, by rule, establish revised 
Federal building energy efficiency performance standards not later than 
August 8, 2006. (42 U.S.C. 6834(a)(3)(A).) Under the revised standards, 
new Federal buildings must be designed to achieve energy consumption 
levels that are at least 30 percent below the updated minimum standards 
referenced in section 305(a)(2), if life-cycle cost-effective. (42 
U.S.C. 6834(a)(3)(A)(i)(I).) Additionally, Federal agencies must apply, 
if life-cycle cost-effective, sustainable design principles to the 
siting, design, and construction of all new and replacement buildings. 
(42 U.S.C. 6834(a)(3)(A)(i)(II).) If water is used to achieve energy 
efficiency, water conservation technologies shall be applied to the 
extent that such technologies are life-cycle cost-effective. (42 U.S.C. 
6834 (a)(3)(A)(ii).)

II. Discussion of Today's Action

    DOE is issuing today's action as an interim final rule. Today's 
final rule deals solely with the energy efficiency of new Federal 
buildings, which are public property. Matters that relate to public 
property are excepted from prior notice and comment requirements. (5 
U.S.C. 553(a)(2).) Additionally, the explicitness of the direction 
provided to DOE for this rule in Section 109 of the Energy Policy Act 
of 2005 supports issuance of an interim final rule, as a matter of 
policy. The interim final rule incorporates updated versions of ANSI/
ASHRAE/IESNA Standard 90.1-2004, and the IECC standard as directed by 
statute. The interim final rule also establishes a requirement for new 
Federal buildings to achieve a level of energy efficiency 30 percent 
greater than that of the ANSI/ASHRAE/IESNA or IECC levels, as 
appropriate, when life-cycle cost-effective, again as directed by the 
statute. DOE also decided that the interim final rule approach offered 
the best opportunity to achieve the goals of Section 109 of the Energy 
Policy Act of 2005 as soon as possible.
    This interim final rule incorporates by reference ANSI/ASHRAE/IESNA 
Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise 
Residential Buildings, and the 2004 International Energy Conservation 
Code as prescribed by Congress in section 109 of the Energy Policy Act 
of 2005, into 10 CFR Parts 433 and 435, respectively. Under today's 
interim final rule, new Federal commercial and multi-family high-rise 
residential buildings, for which design for construction begins on or 
after the effective date of today's interim final rule, must be 
designed to comply with the ASHRAE standard. New Federal low-rise 
residential buildings, for which design for construction begins on or 
after the effective date of today's interim final rule, must be 
designed to comply with the IECC standard.
    In addition to complying with the appropriate incorporated 
standard, a new Federal building must also be designed to achieve an 
energy consumption level that is at least 30 percent below the level 
achieved under that standard, if life-cycle cost-effective. Congress 
expressly specified a minimum performance requirement of a 30 percent 
improvement, if life-cycle cost effective. Although the statute 
requires DOE to establish performance standards that are ``at least'' 
30 percent below the levels in the incorporated ASHRAE and IECC 
standards, the standards that DOE establishes today do not require 
Federal agencies to consider the life-cycle cost effectiveness of 
improvements beyond the 30 percent level.
    It is DOE's view that had Congress sought to require improvements 
at a maximum level of life-cycle cost effectiveness, it would have 
mandated designs to achieve that level and would not have specified the 
30 percent minimum. Moreover, absent some direction in the statute, DOE 
is unable to specify in today's rule an energy consumption level that 
is greater than 30 percent below the levels achieved under the 
incorporated standards, but less than the maximum level that would be 
cost effective. However, as indicated by the words ``at least,'' 
Federal agencies are not precluded from designing buildings to achieve 
greater improvements, and DOE encourages agencies to design new Federal 
buildings to achieve lower energy consumption levels if life-cycle cost 
effective.
    Further, the experiences of ASHRAE (with the development of their 
Advanced Energy Design Guides for small office and small retail 
buildings) and the New Buildings Institute's (NBI) Advanced Buildings 
program indicate that a savings 30 percent beyond that achieved through 
the incorporated standards is achievable in most building types with 
measures that are relatively ``standard;'' i.e., with measures that are 
widely available and with which the general industry is familiar. The 
30-percent requirement should not necessitate consideration of measures 
that are limited in availability or with which the general industry is 
unfamiliar.
    If the additional 30 percent savings is not life-cycle cost-
effective, an agency must evaluate the cost-effectiveness of 
alternative designs at successive decrements below 30 percent (e.g., 25 
percent, 20 percent, etc.) in order to identify the most energy-
efficient design that is life-cycle cost-effective for that building. 
However, the building must remain compliant with the ANSI/ASHRAE/IESNA 
Standard 90.1-2004, or IECC standard, as applicable. By requiring 
consideration of the life-cycle cost effectiveness of improvements if a 
30 percent improvement is not life-cycle cost effective, today's final 
rule ensures that all readily available energy saving measures are 
considered.
    Today's rule also specifies that the methodology defined in 10 CFR 
part 436, subpart A, be used to establish the life-cycle cost-
effectiveness of design measures used to achieve energy consumption 
levels below the criteria found in the minimum level standards 
described above. This is done to be consistent with Executive Order 
13123, which requires Federal agencies to use this methodology in the 
design of new Federal buildings, and to respond to the requirements in 
the Energy Policy Act of 2005 that requirements of the new standards be 
life-cycle cost-effective. Federal agencies may choose to use one of 
four methods listed in 10 CFR part 436 to demonstrate life-cycle cost-
effectiveness. These methods include lower life-cycle costs, positive 
net savings, savings-to-investment ratio that is estimated to be 
greater than one, and an adjusted internal rate of return that is 
estimated to be greater than the discount rate as listed in OMB 
Circular Number A-94 ``Guidelines and Discount Rates for Benefit-Cost 
Analysis of Federal Programs.''
    In applying this methodology to analysis of new Federal buildings, 
agencies must estimate the life-cycle

[[Page 70278]]

costs and energy consumption of the planned building as designed and an 
otherwise identical building just meeting the minimum criteria set 
forth in the applicable baseline ASHRAE or IECC standard. The agencies 
must try to find a design that reduces energy consumption by a total of 
30 percent or more without increasing the planned building's expected 
life-cycle cost. DOE intends to provide additional guidance and tools 
to assist Federal agencies in meeting these new building design 
requirements.
    Today's rule does not take a prescriptive approach as to how the 30 
percent reduction is to be obtained. The baseline standards contain a 
limited set of mandatory requirements, such as sealing leaks in the 
building envelope and air duct systems. Beyond this, there are no 
restrictions on how the Federal agency achieves cost-effective energy 
savings. DOE believes that Federal agencies should be given the 
flexibility necessary to determine the most effective ways to achieve 
energy savings above that of the incorporated standards, rather than 
relying on prescriptive requirements that may not be appropriate in all 
cases.
    Today's interim final rule is effective beginning 30 days following 
Federal Register publication. All new Federal buildings for which 
design for construction begins on or after that date must comply with 
the requirements established in this rule. All new Federal buildings 
for which design for construction has begun prior to that date must 
comply with the requirements in 10 CFR part 434 or subpart C of part 
435, as applicable.
    DOE is accepting comments on this interim final rule. The interim 
final rule will take effect on the date listed above in the DATES 
heading, and will become part of the CFR. Following close of the 
comment period, DOE will issue a notice of final rulemaking. If no 
comments are received, the notice of final rulemaking will adopt as 
final the interim final rule without change. If comments are received, 
DOE will respond to issues raised by the comments in the notice of 
final rulemaking, and either adopt as final the interim final rule 
without change, or adopt the final rule with change in response to 
comments.

III. Section 109 of the Energy Policy Act of 2005 Requirements Not 
Addressed in Today's Rule

    Today's rule does not address the requirement that, if life-cycle 
cost-effective for new Federal buildings, agencies must apply 
sustainable design principles to the siting, design, and construction 
of all new and replacement buildings. Today's rule also does not 
address the requirement that ``if water is used to achieve energy 
efficiency, the revised standards also must require water conservation 
technologies to be applied to the extent that such technologies are 
life-cycle cost-effective.'' Finally, today's rule does not consider 
measures with regard to radon and other indoor air pollutants. (42 
U.S.C. 6834 (a)(3)(A)(ii)) The developmental process for addressing 
these complicated issues will take more time and DOE will issue a 
rulemaking notice containing provisions on these subjects at a later 
date. DOE is proceeding with the implementation of only the energy 
efficiency element from the directives of section 305(a) of the Energy 
Policy Act of 2005 in this interim final rule so that energy efficiency 
in Federal buildings can be improved as soon as possible.

IV. Reference Resources

    The Department has prepared a list of resources to help Federal 
agencies achieve building energy efficiency levels of at least 30 
percent below that of ASHRAE Standard 90.1-2004 or the 2004 IECC. These 
resources come in many forms--design guidance, case studies and in a 
variety of media--in printed document or on Web site. Resources are 
provided in three categories--for all buildings, specifically for 
commercial and high-rise multi-family residential buildings, and 
specifically for low-rise residential buildings.

Resources for All Buildings

Energy Efficient Products--U.S. DOE Federal Energy Management Program 
and U.S. Environmental Protection Agency (EPA) ENERGY STAR Program
http://www.eere.energy.gov/femp/procurement/ and http://www.energystar.gov/products

    Federal agencies are required by the Energy Policy Act of 2005 to 
specify FEMP-designated or ENERGY STAR equipment, including building 
mechanical and lighting equipment and builder-supplied appliances, for 
purchase and installation in all new construction. This equipment is 
generally more efficient than the corresponding requirements of ASHRAE 
Standard 90.1-2004 and the 2004 IECC, and may be used to achieve part 
of the savings required of Federal building designs. (Today's rule does 
not specifically address the use of this equipment, but the Web site is 
listed for the convenience of the agencies and to point out that this 
is a very useful resource for achieving part of the energy savings 
required by the rule.)
Life-Cycle Cost Analysis--U.S. DOE Federal Energy Management Program
http://www.access.gpo.gov/nara/cfr/waisidx_04/10cfr436_04.html

    The life-cycle cost analysis rules promulgated in 10 CFR Part 436 
Subpart A, Methodology and Procedures for Life Cycle Cost Analysis, 
conform to requirements in the Federal Energy Management Improvement 
Act of 1988 and subsequent energy conservation legislation, as well as 
Executive Order 13123, Greening the Government through Efficient Energy 
Management. The life-cycle cost guidance and required discount rates 
and energy price projections are determined annually by FEMP and the 
Energy Information Administration, and published in the Annual 
Supplement to The National Institute of Science and Technology Handbook 
135: ``Energy Price Indices and Discount Factors for Life-Cycle Cost 
Analysis.''

http://www.eere.energy.gov/femp/pdfs/ashb06.pdf. FEMP also 
provides guidance on the LCC requirements of Executive Order 13123 at
http://www1.eere.energy.gov/femp/program/lifecycle.html and 
http://www1.eere.energy.gov/femp/information/download_blcc.html.

ENERGY STAR Buildings--The U.S. Environmental Protection Agency and 
U.S. Department of Energy
https://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.homes_guidelns09 (homes) and https://www.energystar.gov/index.cfm?c=new_bldg_design.bus_target_finder 
(non-residential buildings)

    ENERGY STAR is a Government-backed program helping businesses and 
individuals protect the environment through superior energy efficiency. 
The EPA specifications for ENERGY STAR-labeled homes, effective as of 
the date of this rule, provide a useful prescriptive guide for meeting 
the Federal energy efficiency standard for low-rise residential 
buildings. The benchmarking tool and other information at the ENERGY 
STAR TargetFinder Web site can be useful in determining an annual 
energy target for the building design and computer simulations, 
evaluating cost-effectiveness of efficiency measures, and tracking the 
building's actual energy performance after construction.

[[Page 70279]]

High Performance Buildings--U.S. DOE Building Technologies Program
http://www.eere.energy.gov/buildings/highperformance/

    A collection of design approaches, tools, technologies and case 
studies focused on high performance buildings that achieve savings of 
30 percent to 50 percent better than generally accepted good practice.
Building Energy Software Tools--U.S. DOE Building Technologies Program
http://www.eere.energy.gov/buildings/tools_directory/

    This directory provides information on building software tools for 
evaluation energy efficiency, renewable energy, and sustainability in 
buildings.

Resources for Commercial and High-Rise Multi-Family Residential 
Buildings

ASHRAE Standard 90.1-2004--ASHRAE
http://www.ashrae.org (search for Standard 90.1-2004) or
http://resourcecenter.ashrae.org/store/ashrae/newstore.cgi?itemid=27679&view=item&page=1&loginid=6683225&words=Standard%2090.1-2004&method=and&

    The Minimum Energy Performance Standard for commercial and high-
rise multi-family buildings is ANSI/ASHRAE/IESNA Standard 90.1-
2004. This link also contains a link to a read-only version of Standard 
90.1-2004.
Whole Building Design Guide--National Institute of Building Sciences
http://www.wbdg.org

    A portal providing one-stop access to up-to-date information on a 
wide range of building-related guidance, criteria and technology from a 
`whole buildings' perspective.
Advanced Energy Design Guide--ASHRAE
http://www.ashrae.org (search for Advanced Energy Design Guide) or
http://resourcecenter.ashrae.org/store/ashrae/
newstore.cgi?itemid=23307&view=item&p
age=1&loginid=6683251&words=Advanced%20Energy[fxsp0
]%20Design%20Guide&method=and&

    A set of design guides for users who wish to go beyond Standard 
90.1, targeted at 30 percent better than ASHRAE Standard 90.1-1999 
(which translates to about 25 percent better than ASHRAE standard 90.1-
2004).
Advanced BuildingsTM E-BenchmarkTM--New Buildings 
Institute
http://www.poweryourdesign.com

    A set of guidelines for the design, construction, and operation of 
new and renovated nonresidential buildings targeted at 30 percent 
better than ASHRAE Standard 90.1-1999 (which translates to about 25 
percent better than ASHRAE Standard 90.1-2004).
Labs for the 21st Century--U.S. EPA and U.S. DOE
http://www.labs21century.gov/

    A Web site focused on improving the energy efficiency and 
environmental performance of laboratory space. This site includes 
training and educational resources and design tools focused on 
laboratories.
Leadership in Energy and Environmental Design (LEED)--U.S. Green 
Building Council (USGBC)
http://www.usgbc.org/DisplayPage.aspx?CategoryID=19

    The LEED Green Building Rating System[supreg] is a voluntary, 
consensus-based national standard for developing high-performance, 
sustainable buildings. USGBC members, representing every sector of the 
building industry, developed and continue to refine LEED.

Resources for Low-Rise Residential Buildings

2004 Supplement to the 2003 IECC--ICC
http://www.iccsafe.org (search for 2004 IECC) or http://www.iccsafe.org/dyn/prod/7801S04.html

    The Minimum Energy Performance Standard for low-rise residential 
buildings is the International Code Council (ICC) 2004 IECC Supplement.
Residential Energy Services Network (RESNET)
http://www.natresnet.org/programs/software/directory.htm

    RESNET is responsible for home energy rating systems used for 
energy efficient mortgages. RESNET activities include adopting 
standards that set the national procedures for home energy ratings and 
procedures for certifying raters. Since the home energy ratings utilize 
the 2004 IECC as the baseline, RESNET accredited software programs may 
be appropriate for calculating energy consumption to determine 
compliance with this rule.
Building America--U.S. Department of Energy
http://www.eere.energy.gov/buildings/building_america/

    Building America is a private/public partnership that develops 
energy solutions for new and existing homes. The Building America 
project combines the knowledge and resources of industry leaders with 
DOE's technical capabilities. Together, they act as a catalyst for 
change in the home-building industry.
Energy & Environmental Building Association (EEBA)
http://www.eeba.org/

    EEBA's mission is to provide education and resources to transform 
the residential design, development and construction industries to 
profitably deliver energy efficient and environmentally responsible 
buildings and communities.
The Partnership for Advancing Technology in Housing (PATH)--U.S. 
Department of Housing and Urban Development
http://www.pathnet.org/sp.asp?mc=about_path

    PATH is dedicated to accelerating the development and use of 
technologies that radically improve the quality, durability, energy 
efficiency, environmental performance, and affordability of America's 
housing. PATH is a voluntary partnership between leaders of the 
homebuilding, product manufacturing, insurance, and financial 
industries and representatives of Federal agencies concerned with 
housing.

V. Procedural Requirements

A. Review under Executive Order 12866, ``Regulatory Planning and 
Review''

    Today's interim final rule is a ``significant regulatory action'' 
under section 3(f)(1) of Executive Order 12866, ``Regulatory Planning 
and Review.'' 58 FR 51735 (October 4, 1993). Accordingly, today's 
action was subject to review by the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB). OMB 
has completed its review.

B. Review under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, Proper Consideration of Small Entities in 
Agency Rulemaking, 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19,

[[Page 70280]]

2003, to ensure that the potential impacts of its rules on small 
entities are properly considered during the rulemaking process. 68 FR 
7990. The Department has made its procedures and policies available on 
the Office of General Counsel's Web site: http://www.gc.doe.gov.
    Today's rule on energy efficiency performance standards for the 
design and construction of new Federal buildings is not subject to any 
legal requirement to publish a general notice of proposed rulemaking. 
Therefore, the Regulatory Flexibility Act does not apply.

C. Review Under the Paperwork Reduction Act of 1995

    This rulemaking will impose no new information or record keeping 
requirements. Accordingly, Office of Management and Budget (OMB) 
clearance is not required under the Paperwork Reduction Act. (44 U.S.C. 
3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

    The Department prepared an Environmental Assessment (EA) (DOE/EA-
1463) entitled, Draft Environmental Assessment for Interim Final Rule, 
10 CFR Part 433, ``Energy Efficiency Standards for New Federal 
Commercial and Multi-Family High-Rise Residential Buildings,'' and 10 
CFR Part 435, ``Energy Efficiency Standards for New Federal Low-Rise 
Residential Buildings,'' pursuant to the Council on Environmental 
Quality's (CEQ) Regulations for Implementing the Procedural Provisions 
of the National Environmental Policy Act (40 CFR Parts 1500-1508), the 
National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 
4321 et seq.), and DOE's NEPA Implementing Procedures (10 CFR Part 
1021).
    The EA addresses the possible environmental effects attributable to 
the implementation of the interim final rule. The only impact would be 
a decrease in outdoor air pollutants resulting from decreased fossil 
fuel burning for energy use in Federal buildings.
    To identify the potential environmental impacts that may result 
from implementing the interim final rule on new Federal commercial 
buildings, DOE compared the interim final rule with a ``no-action 
alternative'' of using the current Federal standards--10 CFR Part 434 
and 10 CFR Part 435. DOE also compared the interim final rule to the 
prevailing national voluntary building energy codes, which also are the 
minimum requirements for the interim final rule. For commercial and 
high-rise multi-family residential buildings, the American National 
Standards Institute (ANSI)/American Society of Heating, Refrigerating 
and Air-Conditioning Engineers, Inc. (ASHRAE)/Illuminating Engineering 
Society of North America (IESNA) ASHRAE/IESNA Standard 90.1-2004 
(ASHRAE 2004) is the minimum requirement for the DOE preferred 
alternative. For low-rise residential buildings, the International Code 
Council (ICC) International Energy Conservation Code (IECC) 2004 
Supplement Edition (ICC 2004) is the minimum requirement for the DOE 
preferred alternative. For the purpose of this environmental 
assessment, DOE also investigated the impact of buildings achieving 
energy consumption below Standard 90.1-2004 or the 2004 IECC in 
increments of 10 percent, up to 50 percent.
    For low-rise residential buildings, the Federal government is 
estimated to construct about 2000 housing units annually that would be 
subject to this rule. Avoided carbon dioxide emissions are estimated at 
763 metric tons of carbon in the first year the interim final rule is 
in effect, if 30 percent savings in energy consumption over the 2004 
IECC are achieved. Avoided nitrogen oxide and sulfur dioxide emissions 
are estimated to be each 4 tons in the first year the rule is in 
effect.
    For commercial and high-rise multi-family residential buildings, 
the Federal government is estimated to construct 28 million square feet 
of Federal commercial buildings annually. Federal high-rise residential 
buildings are rare. Assuming a 30 percent savings in energy consumption 
over 90.1-2004, avoided carbon dioxide emissions (relative to the 
existing 10 CFR Part 434) are estimated at 35,800 metric tons of carbon 
in the first year the interim final rule is in effect, with the savings 
compounding in future years as more and more Federal construction 
occurs. Avoided nitrogen oxide emissions are estimated to be 317 tons 
in the first year the rule is in effect, while the avoided sulfur 
dioxide emissions are estimated at 625 tons.
    Copies of the EA are available for review at http://www.eere.energy.gov/femp/about/legislation.html, or by 
contacting Cyrus Nasseri, Office of Federal Energy Management, Mail 
Station, EE-2L, 1000 Independence Avenue, 20585-0121, (202) 586-9138. 
Comments on the EA may be submitted to DOE at this address by the 
comment date noted above under the DATES heading. DOE will consider all 
comments received before approving or modifying the EA, as appropriate.

E. Review Under Executive Order 13132, ``Federalism''

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. (65 FR 13735). DOE examined this rule 
and determined that it does not preempt State law and does not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of Government. No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988, ``Civil Justice Reform''

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Federal agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct, rather than a general standard and 
promote simplification and burden reduction. Section 3(b) of Executive 
Order 12988 specifically requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect, if any; (2) clearly specifies any effect on 
existing Federal law or regulation; (3) provides a clear legal standard 
for affected conduct, while promoting simplification and burden 
reduction; (4) specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to

[[Page 70281]]

review regulations in light of applicable standards in section 3(a) and 
section 3(b) to determine whether they are met or it is unreasonable to 
meet one or more of them. DOE has completed the required review and 
determined that, to the extent permitted by law; this rule meets the 
relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and tribal governments and the 
private sector. For a proposed regulatory action likely to result in a 
rule that may cause the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector of $100 million 
or more in any one year (adjusted annually for inflation), section 202 
of UMRA requires a Federal agency to publish a written statement that 
estimates the resulting costs, benefits, and other effects on the 
national economy. (2 U.S.C. 1532(a) and (b)) The UMRA also requires a 
Federal agency to develop an effective process to permit timely input 
by elected officers of State, local, and tribal governments on a 
proposed ``significant intergovernmental mandate,'' and requires an 
agency plan for giving notice and opportunity for timely input to 
potentially affected small governments before establishing any 
requirements that might significantly or uniquely affect small 
governments. On March 18, 1997, DOE published a statement of policy on 
its process for intergovernmental consultation under UMRA (62 FR 12820) 
(also available at http://www.gc.doe.gov). This interim final rule 
contains neither an intergovernmental mandate nor a mandate that may 
result in the expenditure of $100 million or more in any year, so these 
requirements under the Unfunded Mandates Reform Act do not apply.

H. Review Under the Treasury and General Government Appropriations Act 
of 1999

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

I. Review Under Executive Order 12630, ``Governmental Actions and 
Interference With Constitutionally Protected Property Rights''

    The Department has determined, under Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' 53 FR 8859 (March 18, 1988), that this rule would 
not result in any takings which might require compensation under the 
Fifth Amendment to the United States Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), 
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). 
DOE has reviewed today's interim final rule under the OMB and DOE 
guidelines and has concluded that it is consistent with applicable 
policies in those guidelines.

K. Review Under Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use''

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to the 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
significant energy action. A ``significant energy action'' is defined 
as any action by an agency that promulgated or is expected to lead to 
promulgation of a final rule, and that: (1) Is a significant regulatory 
action under Executive Order 12866, or any successor order; and (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use. 
This interim final rule would not have a significant adverse effect on 
the supply, distribution, or use of energy and, therefore, is not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

VI. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

VII. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's interim 
final rule.

List of Subjects in 10 CFR Parts 433, 434, and 435

    Buildings, Energy conservation, Engineers, Federal buildings and 
facilities, Housing, Incorporation by reference.

    Issued in Washington, DC, on November 22, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

0
For the reasons set forth in the preamble, DOE amends chapter II of 
title 10 of the Code of Federal Regulations as set forth below:
0
1. Part 433 is added to read as follows:

PART 433--ENERGY EFFICIENCY STANDARDS FOR THE DESIGN AND 
CONSTRUCTION OF NEW FEDERAL COMMERCIAL AND MULTI-FAMILY HIGH-RISE 
RESIDENTIAL BUILDINGS

Sec.
433.1 Purpose and scope.
433.2 Definitions.
433.3 Materials incorporated by reference.
433.4 Energy efficiency performance standard.
433.5 Performance level determination.
433.6 Sustainable principles for siting, design and construction. 
[Reserved]
433.7 Water used to achieve energy efficiency. [Reserved]
433.8 Life-cycle costing.

    Authority: 42 U.S.C. 6831-6832, 6834-6835; 42 U.S.C. 7101 et 
seq.


Sec.  433.1  Purpose and scope.

    This part establishes an energy efficiency performance standard for 
the new Federal commercial and multi-family high-rise buildings, for 
which design for construction began on or after January 3, 2007, as 
required by section 305(a) of the Energy Conservation and Production 
Act, as amended (42 U.S.C. 6834(a)).

[[Page 70282]]

Sec.  433.2  Definitions.

    For purposes of this part, the following terms, phrases and words 
are defined as follows:
    ANSI means the American National Standards Institute.
    ASHRAE means the American Society of Heating, Refrigerating and 
Air-Conditioning Engineers.
    Baseline building means a building that is otherwise identical to 
the proposed building but is designed to meet but not exceed the energy 
efficiency specifications of ANSI/ASHRAE/IESNA Standard 90.1-2004, 
Energy Standard for Buildings Except Low-Rise Residential Buildings, 
January 2004 (incorporated by reference, see Sec.  433.3).
    Commercial and multi-family high-rise residential building means 
all buildings other than low-rise residential buildings.
    DOE means the U.S. Department of Energy.
    Federal agency means any department, agency, corporation, or other 
entity or instrumentality of the executive branch of the Federal 
Government, including the United States Postal Service, the Federal 
National Mortgage Association, and the Federal Home Loan Mortgage 
Corporation.
    IESNA means Illuminating Engineering Society of North America.
    Life-cycle cost means the total cost related to energy conservation 
measures of owning, operating and maintaining a building over its 
useful life as determined in accordance with 10 CFR part 436.
    Life-cycle cost-effective means that the proposed building has a 
lower life-cycle cost than the life-cycle costs of the baseline 
building, as described by 10 CFR 436.19, or has a positive estimated 
net savings, as described by 10 CFR 436.20; or has a savings-to-
investment ratio estimated to be greater than one, as described by 10 
CFR 436.21; or has an adjusted internal rate of return, as described by 
10 CFR 436.22, that is estimated to be greater than the discount rate 
as listed in OMB Circular Number A-94 (Guidelines and Discount Rates 
for Benefit-Cost Analysis of Federal Programs.''
    Low-rise residential building means any building three stories or 
less in height above grade that includes sleeping accommodations where 
the occupants are primarily permanent in nature (30 days or more).
    New Federal building means any building to be constructed by, or 
for the use of, any Federal agency which is not legally subject to 
State or local building codes or similar requirements.
    Proposed building means the building design of a new Federal 
commercial and multi-family high-rise building proposed for 
construction.


Sec.  433.3  Materials incorporated by reference.

    (a) General. DOE incorporates by reference the energy performance 
standard listed in paragraph (b) of this section into 10 CFR part 433. 
The Director of the Federal Register has approved the material listed 
in paragraph (b) of this section for incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent 
amendment to this material by the standard-setting organization will 
not affect the DOE building energy performance standard unless and 
until DOE amends its building energy performance standards. DOE 
incorporates the material as it exists on the date specified in the 
approval and a notice of any change in the material will be published 
in the Federal Register.
    (b) List of standards incorporated by reference. ANSI/ASHRAE/IESNA 
Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise 
Residential Buildings, January 2004, American Society of Heating 
Refrigerating and Air-Conditioning Engineers, Inc., ISSN 1041-2336.
    (c) Availability of references. The building energy performance 
standard incorporated by reference is available for inspection at:
    (1) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
    (2) U.S. Department of Energy, Forrestal Building, Room 1M-048 
(Resource Room of the Federal Energy Management Program), 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9138, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    (d) Obtaining copies of standards. The building energy performance 
standard incorporated by reference may be obtained from the American 
Society of Heating Refrigerating and Air-Conditioning Engineers, 1791 
Tullie Circle, NE., Atlanta, GA, 30329, http://resourcecenter.ashrae.org/store/ashrae/.


Sec.  433.4  Energy efficiency performance standard.

    (a) All Federal agencies shall design new Federal commercial and 
multi-family high-rise residential buildings, for which design for 
construction began on or after January 3, 2007, to:
    (1) Meet ANSI/ASHRAE/IESNA Standard 90.1-2004, Energy Standard for 
Buildings Except Low-Rise Residential Buildings, January 2004 
(incorporated by reference, see 433.3); and
    (2) If life-cycle cost-effective, achieve energy consumption 
levels, calculated consistent with paragraph (b) of this section, that 
are at least 30 percent below the levels of the baseline building.
    (b) Energy consumption for the purposes of calculating the 30 
percent savings shall include space heating, space cooling, 
ventilation, service water heating, lighting and all other energy 
consuming systems normally specified as part of the building design 
except for receptacle and process loads.
    (c) If a 30 percent reduction is not life-cycle cost-effective, the 
design of the proposed building shall be modified so as to achieve an 
energy consumption level at the maximum level of energy efficiency that 
is life-cycle cost-effective, but at a minimum complies with paragraph 
(a) of this section.


Sec.  433.5  Performance level determination.

    (a) Each Federal agency shall determine energy consumption levels 
for both the baseline building and proposed building by using the 
Performance Rating Method found in Appendix G of ANSI/ASHRAE/IESNA 
Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise 
Residential Buildings, January 2004 (incorporated by reference, see ( 
433.3), except the formula for calculating the Performance Rating in 
paragraph G1.2 shall read as follows:
    Percentage improvement = 100 x (Baseline building consumption--
Proposed building consumption)/ (Baseline building consumption--
Receptacle and process loads).
    (b) Each Federal agency shall consider laboratory fume hoods and 
kitchen ventilation systems as part of the ASHRAE-covered HVAC loads 
subject to the 30 percent savings requirements, rather than as process 
loads.

[[Page 70283]]

Sec.  433.6 Sustainable principles for siting, design and 
construction.  [Reserved]


Sec.  433.7 Water used to achieve energy efficiency.  [Reserved]


Sec.  433.8  Life-cycle costing.

    Each Federal agency shall determine life-cycle cost-effectiveness 
by using the procedures set out in subpart A of part 436. A Federal 
agency may choose to use any of four methods, including lower life-
cycle costs, positive net savings, savings-to-investment ratio that is 
estimated to be greater than one, and an adjusted internal rate of 
return that is estimated to be greater than the discount rate as listed 
in OMB Circular Number A-94 ``Guidelines and Discount Rates for 
Benefit-Cost Analysis of Federal Programs.''

PART 434--ENERGY CODE FOR NEW FEDERAL COMMERCIAL AND MULTI-FAMILY 
HIGH RISE RESIDENTIAL BUILDINGS

0
2. Amend part 434 by revising the part heading to read as set forth 
above.

0
3. The authority citation for part 434 continues to read as follows:

    Authority: 42 U.S.C. 6831-6832, 6834-6836; 42 U.S.C. 8253-54; 42 
U.S.C. 7101, et seq.


0
4. Section 434.100 is revised to read as follows:


Sec.  434.100  Purpose.

    The provisions of this part provide minimum standards for energy 
efficiency for the design of new Federal commercial and multi-family 
high rise residential buildings, for which design for construction 
began before January 3, 2007. The performance standards are designed to 
achieve the maximum practicable improvements in energy efficiency and 
increases in the use of non-depletable sources of energy. This rule is 
based upon the ASHRAE/IESNA Standard 90.1-1989 and addenda b, c, d, e, 
f, g, and i. (This document is available from the American Society of 
Heating, Refrigerating and Air-Conditioning Engineers, Inc., 1791 
Tullie Circle NE, Atlanta, GA.) It is not incorporated by reference in 
this document, but is mentioned for informational purposes only.

0
5. In Sec.  434.101, revise paragraph 101.1 to read as follows:


Sec.  434.100  Scope.

    101.1 This part provides design requirements for the building 
envelope, electrical distribution systems and equipment for electric 
power, lighting, heating, ventilating, air conditioning, service water 
heating and energy management. It applies to new Federal multi-family 
high rise residential buildings and new Federal commercial buildings, 
for which design for construction began before January 3, 2007.
* * * * *

PART 435--ENERGY EFFICIENCY STANDARDS FOR NEW FEDERAL LOW-RISE 
RESIDENTIAL BUILDINGS

0
6. The authority citation for part 435 continues to read as follows:

    Authority: 42 U.S.C. 6831-6832, 6834-6835; 42 U.S.C. 8253-54; 42 
U.S.C. 7101 et seq.


0
7. Amend part 435 to add Subpart A to read as follows:

Subpart A--Mandatory Energy Efficiency Standards for Federal Low-
Rise Residential Buildings.

Sec.
435.1 Purpose and scope.
435.2 Definitions.
435.3 Material incorporated by reference.
435.4 Energy efficiency performance standard.
435.5 Performance level determination.
435.6 Sustainable principles for siting, design and construction. 
[Reserved]
435.7 Water used to achieve energy efficiency. [Reserved]
435.8 Life-cycle costing.


Sec.  435.1  Purpose and scope.

    This part establishes energy efficiency performance standard for 
the construction of new Federal low-rise residential buildings as 
required by section 305(a) of the Energy Conservation and Production 
Act, as amended (42 U.S.C. 6834(a)).


Sec.  435.2  Definitions.

    For purposes of this part, the following terms, phrases and words 
shall be defined as follows:
    Baseline building means a new Federal low-rise residential building 
that is otherwise identical to the proposed building but is designed to 
meet but not exceed the energy efficiency specifications in the ICC 
International Energy Conservation Code, 2004 Supplement Edition, 
January 2005 (incorporated by reference, see Sec.  435.3).
    DOE means U.S. Department of Energy.
    Federal agency means any department, agency, corporation, or other 
entity or instrumentality of the executive branch of the Federal 
Government, including the United States Postal Service, the Federal 
National Mortgage Association, and the Federal Home Loan Mortgage 
Corporation.
    ICC means International Code Council.
    IECC means International Energy Conservation Code.
    Life-cycle cost means the total cost related to energy conservation 
measures of owning, operating and maintaining a building over its 
useful life as determined in accordance with 10 CFR part 436.
    Life-cycle cost-effective means that the proposed building has a 
lower life-cycle cost than the life-cycle costs of the baseline 
building, as described by 10 CFR 436.19, or has a positive estimated 
net savings, as described by 10 CFR 436.20, or has a savings-to-
investment ratio estimated to be greater than one, as described by 10 
CFR 436.21; or has an adjusted internal rate of return, as described by 
10 CFR 436.22, that is estimated to be greater than the discount rate 
as listed in OMB Circular Number A-94 ``Guidelines and Discount Rates 
for Benefit-Cost Analysis of Federal Programs.''
    Low-rise residential building means any building three stories or 
less in height above grade that includes sleeping accommodations where 
the occupants are primarily permanent in nature (30 days or more).
    New Federal building means any building to be constructed by, or 
for the use of, any Federal agency which is not legally subject to 
State or local building codes or similar requirements.
    Proposed building means the building design of a new Federal low-
rise residential building proposed for construction.


Sec.  435.3  Material incorporated by reference.

    (a) General. DOE incorporates by reference the energy performance 
standard listed in paragraph (b) of this section into 10 CFR Part 435 
subpart A. The Director of the Federal Register has approved the 
material listed in paragraph (b) of this section for incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Any 
subsequent amendment to this material by the standard-setting 
organization will not affect the DOE building energy performance 
standard unless and until DOE amends its building energy performance 
standards. DOE incorporates the material as it exists on the date 
specified in the approval and a notice of any change in the material 
will be published in the Federal Register.
    (b) List of standards incorporated by reference. ICC International 
Energy Conservation Code (IECC), 2004 Supplement Edition, January 2005,

[[Page 70284]]

International Code Council, ISBN 7801S04.
    (c) Availability of references. The building energy performance 
standard incorporated by reference is available for inspection at:
    (1) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
    (2) U.S. Department of Energy, Forrestal Building, Room 1M-048 
(Resource Room of the Federal Energy Management Program), 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9138, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    (d) Obtaining copies of standards. The building energy performance 
standard incorporated by reference may be obtained from the following 
source: the International Code Council, 4051 West Flossmoor Road, 
Country Club Hills, IL 60478-5795, http://www.iccsafe.org/e/category.html


Sec.  435.4  Energy efficiency performance standard.

    (a) All Federal agencies shall design new Federal low-rise 
residential buildings, for which design for construction began on or 
after January 3, 2007, to:
    (1) Meet ICC International Energy Conservation Code, 2004 
Supplement Edition, January 2005 (incorporated by reference, see Sec.  
435.3), and
    (2) If life-cycle cost-effective, achieve energy consumption 
levels, calculated consistent with paragraph (b) of this section, that 
are at least 30 percent below the levels of the baseline building.
    (b) Energy consumption for the purposes of calculating the 30 
percent savings shall include space heating, space cooling, and 
domestic water heating.
    (c) If a 30 percent reduction is not life-cycle cost-effective, the 
design of the proposed building shall be modified so as to achieve an 
energy consumption level at the maximum level of energy efficiency that 
is life-cycle cost-effective, but at a minimum complies with paragraph 
(a) of this section.


Sec.  435.5  Performance level determination.

    Each Federal agency shall determine energy consumption levels for 
both the baseline building and proposed building by using the Simulated 
Performance Alternative found in section 404 of the ICC International 
Energy Conservation Code, 2004 Supplement Edition, January 2005 
(incorporated by reference, see Sec.  435.3).


Sec.  435.6 Sustainable principles for siting, design and 
construction.  [Reserved]


Sec.  435.7 Water used to achieve energy efficiency.  [Reserved]


Sec.  435.8  Life-cycle costing.

    Each Federal agency shall determine life-cycle cost-effectiveness 
by using the procedures set out in subpart A of 10 CFR part 436. A 
Federal agency may choose to use any of four methods, including lower 
life-cycle costs, positive net savings, savings-to-investment ratio 
that is estimated to be greater than one, and an adjusted internal rate 
of return that is estimated to be greater than the discount rate as 
listed in OMB Circular Number A-94 ``Guidelines and Discount Rates for 
Benefit-Cost Analysis of Federal Programs.''

Subpart C--Mandatory Energy Efficiency Standards for Federal 
Residential Buildings.

0
8. Amend part 435 to revise the heading of Subpart C to read as set 
forth above.
0
9. Amend Sec.  435.300 to revise paragraphs (b) and (c) to read as 
follows:


Sec.  435.300  Purpose.

* * * * *
    (b) Voluntary energy conservation performance standards prescribed 
under this subpart shall be developed solely as guidelines for the 
purpose of providing technical assistance for the design of energy 
conserving buildings, and shall be mandatory only for the Federal 
buildings for which design for construction began before January 3, 
2007.
    (c) The energy conservation performance standards will direct 
Federal policies and practices to ensure that cost-effective energy 
conservation features will be incorporated into the designs of all new 
Federal residential buildings for which design for construction began 
January 3, 2007.

0
10. Amend Sec.  435.301 to revise paragraph (a) to read as follows:


Sec.  435.301  Scope.

    (a) The energy conservation performance standards in this subpart 
will apply to all Federal residential buildings for which design of 
construction began before January 3, 2007 except multifamily buildings 
more than three stories above grade.
* * * * *

0
11. Amend Sec.  435.303 to revise the section heading and paragraphs 
(a) and (b) to read as follows:


Sec.  435.303  Requirements for the design of a Federal residential 
building.

    (a) The head of each Federal agency responsible for the 
construction of Federal residential buildings shall establish an energy 
consumption goal for each residential building to be designed or 
constructed by or for the agency, for which design for construction 
began before January 3, 2007.
    (b) The energy consumption goal for a Federal residential building 
for which design for construction began before January 3, 2007, shall 
be a total point score derived by using the micro-computer program and 
user manual entitled ``Conservation Optimization Standard for Savings 
in Federal Residences (COSTSAFR),'' unless the head of the Federal 
agency shall establish more stringent requirements for that agency.
* * * * *
[FR Doc. E6-20439 Filed 12-1-06; 8:45 am]
BILLING CODE 6450-01-P