[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Pages 23550-23551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09236]


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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Docket No. EERE-2012-BT-BC-0030]


Department of Energy's (DOE) Participation in Development of the 
International Energy Conservation Code

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

ACTION: Notice.

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

SUMMARY: The DOE participates in the code development process of the 
International Code Council (ICC), which produces the International 
Energy Conservation Code (IECC). DOE will continue to publish code 
change proposals for the IECC before submitting them to the ICC to 
allow interested parties an opportunity to provide suggested revisions, 
enhancements to and comments on DOE code change proposals. This notice 
outlines the process by which DOE produces code change proposals, and 
participates in the ICC code development process.

FOR FURTHER INFORMATION CONTACT:

Jeremiah Williams, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, Mailstop 
EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121, 
Telephone: (202) 287-1941, Email: [email protected].
    Kavita Vaidyanathan, U.S. Department of Energy, Office of the 
General Counsel, Forrestal Building, Mailstop GC-71, 1000 Independence 
Ave. SW., Washington, DC 20585, Telephone: (202) 586-0669, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Department of Energy (DOE) supports the International 
Energy Conservation Code (IECC) by participating in the code 
development processes administered by the International Code Council 
(ICC). As a participant in this process, DOE considers and evaluates 
concepts to be submitted as proposed changes to the IECC (``code''). 
This Notice outlines the process by which DOE produces code change 
proposals, and participates in the ICC code development process. Note 
that, if approved through the ICC code development process, DOE's 
proposed changes would be contained in the next edition of the IECC.

A. Statutory Requirements

    Title III of the Energy Conservation and Production Act, as amended 
(ECPA), establishes requirements related to energy conservation 
standards for new buildings. (42 U.S.C. 6831-6837). Section 307 (b) of 
ECPA directs DOE to support voluntary building energy codes by 
periodically reviewing the technical and economic basis of the 
voluntary building codes, recommending amendments to such codes, 
seeking adoption of all technologically feasible and economically 
justified energy efficiency measures, and otherwise participate in any 
industry process for review and modification of such codes. (42 U.S.C. 
6836(b))

B. Background

    The IECC serves as a model building energy code and is adopted by 
many U.S. states, territories, the District of Columbia, and localities 
across the nation. Development of the IECC is administered by the ICC, 
with revisions taking place every three years under the ICC 
governmental consensus process. Any party can propose changes to the 
IECC with proposed code changes subject to the bylaws, policies and 
procedures as defined by the ICC.\1\
---------------------------------------------------------------------------

    \1\ See http://www.iccsafe.org/cs/codes/pages/default.aspx.
---------------------------------------------------------------------------

II. DOE's Participation in the ICC Code Development Process

    As described above, under ECPA, one of the methods by which DOE 
supports the upgrade of voluntary building energy codes is through 
participation in the IECC development process. DOE participates in the 
ICC code development process by:
    1. Developing code change proposals for submission to the ICC;
    2. Gathering public input on DOE code change proposals from 
interested parties prior to submitting them to ICC;
    3. Conducting necessary technical analyses to document the validity 
of DOE code change proposals; and
    4. Participating in the ICC code development hearings.

DOE Proposal Development

    DOE seeks to advance energy efficiency in the IECC by strengthening 
the code where cost-effective, and improving the criteria to be more 
easily understood, applied, implemented and enforced. Prior to 
submitting code change proposals to the ICC, DOE has and will continue 
to publish code change proposals that it has developed, along with 
documentation of concepts, for public review and comment at: http://www.energycodes.gov/development. This represents an opportunity for 
parties to provide information they wish DOE to be aware of during the 
evaluation of proposals for the IECC. Following the opportunity for 
public review and comment DOE will not provide responses to individual 
comments, but will consider any and all comments timely submitted in 
developing final code change proposals. Final proposals will be posted 
at the same web address for public viewing prior to submitting to the 
ICC.

DOE Technical Analysis

    In developing concepts for submission to the ICC, DOE conducts a 
series of analyses to evaluate energy savings and economic impacts of 
potential code change proposals. As this analysis is completed, 
resources have been and will be published online, including: the DOE 
residential cost-effectiveness methodology, energy and economic 
assumptions, energy simulation models, investigations into special 
topic areas, and draft proposal language. Any interested party wishing 
to review or build-upon the DOE analysis can access it via the DOE 
Building Energy Codes Web site.\2\
---------------------------------------------------------------------------

    \2\ See http://www.energycodes.gov/development.
---------------------------------------------------------------------------

    DOE references all analysis and supporting documentation as 
required by the ICC. Analysis performed by DOE

[[Page 23551]]

or its contractors for the purpose of developing code change proposals 
should be considered on a technical basis, and does not represent an 
endorsement of any particular individual or organization. For the 
purposes of IECC development, DOE conducts analysis to support its code 
change proposals. DOE may indicate whether its technical analysis is 
relevant to a proposal presented by another entity (i.e., whether 
various proposals are the same). Again, however, such an indication 
would not constitute an endorsement of a proposal.
    DOE is not able to provide technical assistance at the request of 
outside parties, but reserves the right to conduct analysis in support 
of proposals DOE is considering for submission to the ICC. While DOE 
cannot enter into joint code change proposals (outside of proposals 
submitted jointly with another federal agency), DOE intends to support 
efficiency concepts from the perspective of its own analysis. DOE also 
publishes the results of its analysis, along with supporting energy 
simulation models, for review and use by outside parties.

DOE's Participation in the ICC Code Development Hearings

    At ICC hearings, DOE will communicate its opinion on proposals as 
follows: DOE will defend its proposals. To the extent that DOE has 
prepared a technical analysis of a proposal other than a DOE proposal, 
consistent with the discussion above, DOE may present the results of 
the analysis. Again, presentation of technical reviews does not 
constitute an endorsement of any proposal. DOE may also recognize a 
proposal to the extent that the proposal or provisions within the 
proposal are the same as a DOE proposal or provisions within a DOE 
proposal. DOE may alter its proposal based on information it obtains at 
the code hearings but, will not seek further comment before altering 
its proposal.
    DOE anticipates that it or its contractors may be contacted 
regarding code concepts, ideas or change proposals prior to the code 
hearing and during the code hearing. While DOE code change proposals to 
the IECC are not regulations, DOE will follow ex parte communication 
policy for such communications. Guidance on ex parte communications was 
published on January 21, 2009 (74 FR 4685) and can be found at http://energy.gov/gc/downloads/guidance-ex-parte-communications. Note that 
such communications will be reflected in the public docket consistent 
with the ex parte guidance.
    DOE maintains an organizational membership with the ICC. As an ICC 
governmental member, DOE will exercise voting privileges as defined by 
the guiding ICC rules and procedures.

III. DOE Participation in the Development of the 2015 IECC

DOE Proposal Development

    In the current code cycle, the ICC will be considering proposed 
revisions to the 2012 IECC which will result in the 2015 IECC. Initial 
concepts DOE considered for the 2015 IECC were provided for public 
review and comment in October 2012 (public comments received are 
available at http://www.regulations.gov/#!docketDetail;D=EERE-2012-BT-
BC-0030). DOE then revised its proposals based on stakeholder feedback, 
and submitted final proposals to the ICC by the January 3, 2013 
deadline. DOE's final proposals are available at http://www.energycodes.gov/development.

DOE Technical Analysis

    In developing proposed revisions for the 2012 IECC, DOE conducted a 
series of analyses to evaluate energy savings and economic impacts of 
potential code change proposals. Final DOE code change proposals are 
published online along with supporting resources, including the DOE 
residential cost-effectiveness methodology, energy and economic 
assumptions, energy simulation models, and investigations into special 
topic areas. Any interested party wishing to review or build-upon the 
DOE analysis can access it via the DOE Building Energy Codes Web 
site.\3\
---------------------------------------------------------------------------

    \3\ See http://www.energycodes.gov/development.
---------------------------------------------------------------------------

DOE's Participation in the ICC Code Development Hearings

    At ICC hearings, DOE will communicate its opinion on proposals as 
follows: DOE will defend its proposals. To the extent that DOE has 
prepared a technical analysis of a proposal other than a DOE proposal, 
consistent with the discussion above, DOE may present it results of the 
analysis. Again, presentation of technical reviews does not constitute 
an endorsement of any proposal.
    DOE may also recognize a proposal to the extent that the proposal 
or provisions within the proposal are the same as a DOE proposal or 
provisions within a DOE proposal. DOE may alter its proposal based on 
information it obtains at the code hearings but, will not seek further 
comment before altering its proposal.
    As indicated above, DOE will follow DOE's ex parte communication 
policy for such communications. Note that such communications will be 
reflected in the public docket consistent with the ex parte guidance.

    Issued in Washington, DC, on April 15, 2013.
Roland Risser,
Director, Building Technologies Office, Energy Efficiency and Renewable 
Energy.
[FR Doc. 2013-09236 Filed 4-18-13; 8:45 am]
BILLING CODE 6450-01-P