[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33250-33263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14297]


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DEPARTMENT OF ENERGY

[EERE-2014-BT-DET-0030]
RIN 1904-AD33


Determination Regarding Energy Efficiency Improvements in the 
2015 International Energy Conservation Code (IECC)

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

ACTION: Notice of determination.

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SUMMARY: The U.S. Department of Energy (DOE) has determined that the 
2015 edition of the International Energy Conservation Code (IECC) would 
improve energy efficiency in buildings subject to the code compared to 
the 2012 edition. DOE analysis indicates that buildings meeting the 
2015 IECC (as compared with buildings meeting the 2012 IECC) would 
result in national source energy savings of approximately 0.87 percent, 
site energy savings of approximately 0.98 percent, and energy cost 
savings of approximately 0.73 percent of residential building energy 
consumption, as regulated by the IECC. Upon publication of this 
affirmative determination, each State is required by statute to certify 
that it has reviewed the provisions of its residential building code 
regarding energy efficiency, and made a determination as to whether to 
update its code to meet or exceed the 2015 IECC. Additionally, this 
notice provides guidance to States on these processes and associated 
certifications.

DATES: Certification statements provided by States must be submitted by 
June 12, 2017.

ADDRESSES: Certification Statements must be addressed to the Building 
Technologies Office--Building Energy Codes Program Manager, U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
1000 Independence Avenue SW., EE-5B, Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Jeremiah Williams; U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, 1000 
Independence Avenue SW., EE-5B, Washington, DC 20585; (202) 287-1941; 
[email protected].
    For legal issues, please contact Kavita Vaidyanathan; U.S. 
Department of Energy, Office of the General Counsel, 1000 Independence 
Avenue SW., GC-33, Washington, DC 20585; (202) 586-0669; 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Introduction
    A. Statutory Authority
    B. Background
    C. Public Comments Regarding the Determination
II. Methodology
III. Summary of Findings
IV. Determination Statement
V. State Certification
VI. Regulatory Review & Analysis

I. Introduction

A. Statutory Authority

    Title III of the Energy Conservation and Production Act (ECPA), as 
amended, establishes requirements for building energy conservation 
standards, administered by the DOE Building Energy Codes Program. (42 
U.S.C. 6831 et seq.) Section 304(a), as amended, of ECPA provides that 
whenever the 1992 Model Energy Code (MEC), 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 residential 
buildings, and must publish notice of such determination in the Federal 
Register. (42 U.S.C. 6833(a)(5)(A)) The Secretary may determine that 
the revision of the 1992 MEC, or any successor thereof, improves the 
level of energy efficiency in residential buildings. If so, then not 
later than two years after the date of the publication of such 
affirmative determination, each State is required to certify that it 
has reviewed its residential building code regarding energy efficiency, 
and made a determination as to whether it is appropriate to revise its 
code to meet or exceed the provisions of the successor code. (42 U.S.C. 
6833(a)(5)(B)) State determinations are to be made: (1) After public 
notice and hearing; (2) in writing; (3) based upon findings included in 
such determination and upon evidence presented at the hearing; and (4) 
available to the public. (See 42 U.S.C. 6833(a)(2)) In addition, if a 
State determines that it is not appropriate to revise its residential 
building code, the State is required to submit to the Secretary, in 
writing, the reasons, which are to be made available to the public. 
(See 42 U.S.C. 6833(a)(4))
    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(a) 
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))

B. Background

    The International Energy Conservation Code (IECC) is the national 
model code establishing energy efficiency requirements for residential 
buildings. The IECC is revised every 3 years through a code development 
and consensus process administered by the International Code Council 
(ICC) \1\. Code change proposals may be submitted by any interested 
party, and are evaluated through a series of public hearings. As part 
of the ICC process, any interested party may submit proposals, as well 
as written comments or suggested changes to any proposal, and make 
arguments before a committee of experts assembled by the ICC. At the 
final public hearing, arguments are presented to and voted

[[Page 33251]]

upon by the ICC Governmental Member Representatives, with the 
collection of accepted proposals forming the revised edition of the 
IECC. The ICC published the 2015 edition of the IECC (2015 IECC or 2015 
edition) on June 3, 2014, which forms the basis of this determination 
notice.
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    \1\ More information on the ICC code development and consensus 
process is described at http://www.iccsafe.org/cs/codes/Pages/procedures.aspx.
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    In arriving at its determination, DOE reviewed all changes between 
the 2012 and 2015 editions of the IECC with respect to residential 
buildings. Accordingly, DOE published a Notice of Preliminary 
Determination regarding the 2015 IECC in the Federal Register on 
September 26, 2014 (79 FR 57915).

C. Public Comments Regarding the Determination

    DOE accepted public comments on the Notice of Preliminary 
Determination for the 2015 IECC until October 27, 2014. DOE received 
timely submissions from a total of five submitters.

                                 Table I--Inventory of Public Comments Received
----------------------------------------------------------------------------------------------------------------
                                            Number of
               Submitter                    comments                     Public docket reference
----------------------------------------------------------------------------------------------------------------
International Code Council (ICC).......               3  EERE-2014-BT-DET-0030-0002
National Association of Home Builders                 2  EERE-2014-BT-DET-0030-0003
 (NAHB).
Responsible Energy Codes Alliance                     9  EERE-2014-BT-DET-0030-0004
 (RECA).
Natural Resources Defense Council                     4  EERE-2014-BT-DET-0030-0005
 (NRDC).
Individual Commenter (Conner)..........               1  EERE-2014-BT-DET-0030-0006
----------------------------------------------------------------------------------------------------------------

    ICC's first comment offers general support for DOE's preliminary 
determination. (ICC, No. 2 at p. 2) \2\ In its second comment, ICC 
suggests DOE accompany its 2015 IECC determination with ``previously 
released information regarding the increased efficiency of the 2012 
IECC over the 2009 version, and the increased efficiency of the 2009 
version over the 2006 version, in order to make it abundantly clear 
that the efficiency of the 2015 IECC is much higher than versions of 
the IECC in use in many states and jurisdictions around the nation.'' 
(ICC, No. 2 at p. 2-3) DOE agrees with ICC's assessment that the 
provisions of the 2015 edition of the IECC are much more energy 
efficient than several earlier editions of the model code. In 
performing its determination, DOE evaluates the expected national 
impact of the new edition of the model code, in this case the 2015 
IECC, against the most recent previous edition receiving an affirmative 
determination of energy savings, in this case the 2012 IECC (42 U.S.C. 
6833(a)(5)(A)). However, DOE recognizes that the updated code 
represents a significant savings opportunity--in many cases up to 30 
percent savings relative to codes currently adopted by U.S. states.\3\ 
In response, DOE has added references to earlier determinations, as 
well as the associated energy savings estimates, in Section V of this 
notice. In its third comment, ICC suggests DOE ``emphasize that states 
are to compare the provisions of their current codes with the 
provisions and requirements of the 2015 IECC, and not assume that the 
percentage increase in efficiency for their respective state will be 
the same as the 1% increase measured by DOE over the provisions in the 
2012 IECC.'' (ICC, No. 2 at p. 3) DOE acknowledges that States and 
localities should indeed consider the impact of updated model codes 
relative to the specific requirements in effect within the state or 
locality. In performing its determination, DOE evaluates the updated 
model code relative to the previous model code, and estimates the 
aggregate impact on national energy consumption. As many adopting 
states and localities make modifications to the model code, these 
entities should evaluate the impacts of the updated code relative to 
their own provisions. ICC further offers suggested communication 
options for DOE to consider: ``(1) DOE should transmit, with a cover 
letter offering assistance and cooperation, a copy of the final 
determination to the governor of each state, with a copy to the State 
Energy Office, and post a copy of the cover letter template on the DOE 
Building Energy Codes Web site. (2) DOE should provide, along with the 
cover letter and determination, a simple form response `state 
determination form' in a format that allows the state officials charged 
with complying with the law the ability to check off whether the state 
(a) has reviewed its code, (b) has provided notice and an opportunity 
for comment in the state, (c) has made findings, (d) has published such 
findings, and (e) if the state has determined to revise its code a 
description of the new code, and if it has decided not to revise its 
residential building energy code, a space to provide the reasons for 
such decision. (3) The cover letter, as well as the proposed form for 
response to DOE, should prominently note the date on which the response 
to DOE is due. (4) DOE should publish on its Building Energy Codes Web 
site the response received from each state, as well as a list of states 
from which a response has not been received, updated on a regular 
basis. (5) Publishing the information on each state, and its response 
or non-response would allow citizens to become involved and ask 
questions of their public officials, and otherwise determine whether 
their state is in compliance with the law.'' (ICC, No. 2 at p. 3) DOE 
is currently evaluating the means by which it tracks the national 
implementation of building energy codes, and will consider the 
communication options proposed by ICC.
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    \2\ A notation in the form ``ICC, No. 2 at p. 2'' identifies a 
written comment that DOE received and has included in the docket of 
DOE's ``Preliminary Determination Regarding Energy Efficiency 
Improvements in the 2015 International Energy Conservation Code 
(Docket No. EERE-2014-BT-DET-0030), which is maintained at 
www.regulations.gov. This particular notation refers to a comment: 
(1) Submitted by ICC; (2) filed as document number 2 of the docket, 
and (3) appearing on page 2 of that document.
    \3\ Mendon et al., Cost-Effectiveness Analysis of the 2009 and 
2012 IECC Residential provisions--Technical Support Document (PNNL, 
Richland, WA, April 2013), available at http://www.energycodes.gov/sites/default/files/documents/State_CostEffectiveness_TSD_Final.pdf.
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    NAHB's first comment suggests that ``DOE's analysis of the pipe 
insulation was not properly calculated'' and noted that the actual net 
change made by this proposal was to increase the length of \3/4\-inch 
pipe requiring insulation by including runs shorter than 10 feet, while 
eliminating insulation requirements on smaller diameter piping. NAHB 
suggests ``by properly applying the new hot water pipe insulation 
requirements, the resulting energy savings will change.'' (NAHB, No. 3 
at p. 1) DOE agrees with NAHB's comments relative to the net energy 
savings surrounding this particular proposal, and has revised its 
analysis accordingly. The revised estimated total energy cost savings 
compared to the 2012 IECC are now 0.73% compared to the preliminary 
estimate of 0.90% (see

[[Page 33252]]

Section III of this notice). NAHB's second comment notes that the 
``International Code Council (ICC) originally had proposal RE112-13 
listed as being approved to be included in the 2015 edition of the 
IECC. This proposal, however, was actually withdrawn by the proponent 
before it was approved on the consent agenda. As a result, the changes 
were not included in the 2015 IECC and thus, any reference to RE112-13 
should be removed from the analysis.'' (NAHB, No. 3 at p. 2) DOE agrees 
with NAHB's comment and acknowledges that the subject proposal is not 
included in the 2015 IECC. DOE notes that the original documentation 
published by the ICC following the public hearing process inadvertently 
included this proposal, and it has since been confirmed that the 
proposal was withdrawn from consideration during the hearing process. 
DOE has revised this notice and supporting documentation accordingly. 
(Note that RECA offered a similar comment on RE112-13; see RECA, No. 4 
at p. 3.)
    RECA's first comment expresses general support for DOE's 
Preliminary Determination on the 2015 edition of IECC, DOE's evaluation 
methodology in both its quantitative and qualitative aspects, and DOE's 
conclusion that the 2015 IECC's weakening amendments are outweighed by 
its strengthening amendments. (RECA No. 4 at p. 1) In its second 
comment, RECA ``urges the Department to move ahead to finalize its 
Determination endorsing the 2015 IECC for state adoption''; ``to 
continue to provide materials to states and localities that will 
facilitate the adoption of, and compliance with, this latest edition of 
the IECC''; ``to expeditiously make training and compliance software 
available to states that adopt the 2015 IECC''; and ``to provide 
additional funding to those states that are early adopters of the 2015 
IECC.'' (RECA No. 4 at p. 1, and 3) DOE acknowledges the need for 
materials that can assist in facilitating the adoption of the latest 
editions of the model code. While these activities are not directly 
within the scope of the DOE determination analysis, DOE is directed to 
provide technical assistance to states implementing building energy 
codes (42 U.S.C. 6833(d)), and does so through a variety of activities, 
such as state-specific energy and cost analysis, code compliance 
software, and a collection of technical resources. DOE intends to 
continue to provide such resources to assist states in implementing 
updated model codes, including adoption of such codes by states and 
localities, and increasing compliance with building energy codes to 
ensure intended consumer energy and cost savings. In its third comment, 
RECA agrees with DOE that, ``proposal RE68-13 slightly weakens sunroom 
fenestration requirements'', ``the impact should be very small'', and 
it, ``does not affect SHGC requirements'', but notes that ``the impact 
is on climate zones 2-3, not climate zone 1.'' (RECA No. 4 at p. 2) DOE 
agrees with RECA's comment and assessment of the subject proposal, and 
has revised the determination notice and supporting analysis 
accordingly. In its fourth comment, RECA disagrees with DOE that duct 
tightness levels tend to always be a ``zero sum trade-off'' as claimed 
in the Preliminary Determination, and suggests that ``the Department 
explicitly and correctly recognize the value of mandatory measures, and 
that removal of this mandatory backstop is a reduction in stringency in 
some cases, albeit likely modest, depending on the measure that 
replaces duct efficiency.'' (RECA No. 4 at p. 2-3) DOE agrees in 
principle with RECA's comment that energy neutrality depends on a 
variety of factors, including impacts over the useful life of 
alternative energy measures. In the case of building energy efficiency 
tradeoffs, the impact on longer-term energy savings can vary 
significantly between the measures being traded and the chosen 
alternative designs. In addition, DOE understands the purpose of 
mandatory requirements within the code, and while the subject proposal 
cannot directly be captured within the DOE quantitative analysis, DOE 
indeed acknowledges the potential effect on building energy efficiency 
in application. In its fifth comment, RECA notes that proposal RE112-13 
``was withdrawn prior to final consideration, and is thus not part of 
the 2015 IECC.'' (RECA No. 4 at p. 3) DOE agrees with this comment, as 
detailed above in response to NAHB's similar comment. In its sixth 
comment, RECA suggests that DOE should ``continue to assess the 
potential impact of changes to the IECC for compliance paths outside 
the prescriptive path'' averring that expanding the Department's 
ability to further assess such changes is in the public interest. (RECA 
No. 4 at p. 3) With specific reference to DOE's evaluation of the new 
ERI compliance path, RECA agrees with DOE's use of the prescriptive 
compliance path as the generally predominant path, but recommends 
``this emphasis on the prescriptive path for the numerical analysis 
should not be read as limiting the overall assessment of all changes in 
the code, nor should it suggest that an edition of the code will 
receive a positive or negative determination solely on the basis of 
this quantitative analysis.'' RECA notes that in previous 
determinations, DOE has not historically limited itself to analyzing 
only changes to the prescriptive path, and encourages DOE not to limit 
itself to only considering changes to the prescriptive path in the 
future. RECA ``urges the Department to clarify in its Determination 
that it will continue to assess any changes made to the performance 
path, and any new compliance options (like ERI) that are added to the 
IECC going forward in future Determinations.'' DOE agrees with RECA's 
comment in principle, and acknowledges that changes in the 2015 IECC, 
as well as potential future changes to the IECC, are likely to require 
increasingly nuanced analyses of the changes' impacts. As stated in the 
preliminary notice, DOE plans to collect data specifically on the ERI 
path, and will consider means to broaden the scope of that commitment, 
as necessary, in the future. In addition, while the DOE Determination 
has typically focused on the mandatory and prescriptive requirements of 
the IECC, the Department reserves the right to evaluate other means of 
compliance when adequate information is available. In its seventh 
comment, RECA agrees with DOE that ``it is difficult to assess the 
impact of the new Energy Rating Index in the context of a 
Determination,'' but argues that ``DOE could reasonably conclude, based 
on the results of a Pacific Northwest National Laboratory study, that 
the new compliance path is reasonably likely to save energy as compared 
to compliance with the 2012 IECC prescriptive requirements on average, 
even if some individual homes could be weaker than those built to the 
2012 IECC.'' \4\ (RECA No. 4 at p. 5) DOE appreciates the comment and 
agrees, based on the referenced PNNL analysis, that most homes built 
using the ERI path, as specified in the 2015 IECC, are likely to be at 
least as efficient as the homes built to meet the prescriptive 
requirements of the IECC or the traditional performance path. In its 
eighth comment, RECA urges DOE to ``promote the proper adoption and 
implementation of the ERI as contained in the 2015 IECC, without any 
weakening amendments, including monitoring its deployment in states and 
cities going forward.'' RECA also

[[Page 33253]]

recommends ``DOE develop and/or fund comprehensive support materials 
and training to help to ensure that the ERI is properly implemented,'' 
and that ``DOE should also consider how it can help to ensure that the 
ERI process produces consistent, repeatable, and credible results for 
code compliance.'' (RECA No. 4 at p. 5-7) DOE acknowledges the 
importance of the new ERI path in the 2015 IECC and its potential 
impact on energy as the code is implemented. While code implementation 
activities are outside the direct scope of the DOE determination, DOE 
does provide technical assistance to states implementing building 
energy codes (42 U.S.C. 6833(d)). DOE recognizes the need for continued 
analysis and support for states adopting the 2015 IECC, and will 
consider the requested activities, as able and appropriate, through the 
Building Energy Codes Program. In its ninth comment, RECA supports the 
``Department's stated plan to collect data relevant to the ERI, as well 
as all compliance options allowed in the IECC.'' RECA further 
encourages the Department to ``reach out to industry and nonprofit 
partners to aggregate the data already available, and to explore new 
methods for collecting and analyzing data on the various compliance 
options and tools used across the country.'' (RECA No. 4 at p. 7) DOE 
acknowledges and appreciates RECA's support, and plans to work with the 
industry and stakeholders in evaluating the new ERI path and associated 
energy impact. As previously stated, DOE intends to collect relevant 
data and track the implementation of the ERI path relative to the 
traditional compliance options provided by the IECC. DOE will continue 
to communicate with interested and affected parties as the 2015 IECC is 
implemented and as further data and resulting analysis becomes 
available.
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    \4\ Taylor et al., Identification of RESNET HERS Index Values 
Corresponding to Minimal Compliance with the IECC (PNNL, Richland, 
WA, May 2014), available at http://www.energycodes.gov/hers-and-iecc-performance-path.
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    NRDC's first two comments offer general support for DOE's 
determination that the 2015 IECC saves energy compared to the 2012 
IECC, for DOE's quantitative finding of energy savings, and for DOE's 
qualitative assessment of the specific code changes that will result in 
energy savings. (NRDC, No. 5 at p. 1-2) In its third comment NRDC 
suggests that ``actual energy savings from the 2015 IECC are likely to 
be much larger than indicated by DOE's analysis'', specifically 
suggesting that the ``new Energy Rating Index (ERI) pathway created by 
RE188-13 is likely to result in significant energy savings.'' (NRDC, 
No.5 at p.2) NRDC acknowledges that it is not knowable exactly how many 
homes will comply using the ERI pathway, but suggests it is certainly 
not zero. NRDC suggests that ``currently about half of new homes 
constructed in the U.S. are rated using the RESNET HERS rating'', and 
that ``it is likely a large percentage of these homes will choose to 
comply with the code via the ERI pathway, since this will likely be the 
simplest method of compliance.'' (NRDC, No. 5 at p. 2) NRDC further 
notes that a ``Pacific Northwest National Laboratory analysis of the 
HERS index's relationship to the 2012 IECC performance path found that 
for all climate zones the ERI values adopted in the 2015 IECC ranged 
from at least as efficient to substantially more efficient than the 
2012 IECC, indicating that homes complying with the ERI path will on 
average achieve large energy savings compared to the 2012 IECC.'' 
(NRDC, No. 5 at p. 2) DOE agrees that the new alternative ERI 
compliance path, including the associated thresholds as published in 
the 2015 IECC, is reasonably likely to result in energy savings 
compared to the 2012 IECC and the majority of current state codes. 
However, DOE remains unaware of any current data source that would 
allow for adequate evaluation of the newly created path. DOE continues 
to base its evaluation of the new path on the recent analysis conducted 
by PNNL, as referenced in the preliminary determination notice. In its 
fourth comment, NRDC appreciates DOE's indication in the preliminary 
determination that ``it will attempt to collect data on the utilization 
of the various compliance pathways and evaluate whether it can quantify 
savings from compliance pathways other than the prescriptive path in 
future determinations'', and urges DOE to ``evaluate energy savings 
from the ERI pathway in future determinations, as currently the 
analysis leaves out this potential source of significant energy 
savings.'' (NRDC, No. 5 at p.2) DOE acknowledges the importance of 
evaluating the energy impact of the ERI alternative, but remains 
unaware of any current data source that would allow for adequate 
evaluation of the newly created path. DOE, therefore, maintains its 
intentions to track the adoption of the ERI path relative to 
traditional application of the IECC, and may further evaluate this path 
in future analyses.
    One comment was received from an individual submitter, Craig 
Conner, who indicated that ``DOE made errors in estimating the 
residential energy savings for the change that included a new tropical 
option for residential construction (CE66-13 Part II, or CE66-II).'' 
(Conner No. 6 at p. 1) Mr. Conner suggests that ``DOE modeling was not 
done in accordance with the IECC standard reference design, and 
therefore is not as required for a determination.'' He further suggests 
that ``several major energy saving requirements provided by this new 
option were ignored or underestimated'', and argues that ``the 
definition of the Tropical Zone, which is a subset of existing IECC 
Climate Zone 1, does not by itself increase or decrease energy'', but 
that ``it is the associated requirements that would potentially affect 
energy use.'' (Conner No. 6 at p. 1) Mr. Conner cites three aspects of 
proposal CE66-13 Part II that should have been considered new energy-
saving requirements rather than conditions under which other 
requirements may be lessened, as DOE interpreted them: The restriction 
that the home not be heated and that 50% of the home be uncooled, the 
restriction that 80% of domestic water heating be by solar or other 
renewable sources, and the restriction that natural ventilation be 
facilitated by operable windows. (Conner No. 6 at p. 1) In response, 
DOE appreciates Mr. Conner's comments, but does not agree with his 
assessment regarding the particular proposal. The IECC Standard 
Reference Design (SRD) is intended for demonstrating compliance of 
individual buildings, which differs from the aggregate national 
analysis applied in DOE determinations. Although the DOE building 
modeling prototypes and simulation methodology occasionally draw on SRD 
assumptions, where appropriate, they are also informed by additional 
sources that may better represent typical construction practices, and 
to estimate an expected impact of code changes. In this case, DOE 
considered typical construction affected by the newly defined Tropical 
Zone, and acknowledges the modified criteria associated with partially-
conditioned homes (e.g., with solar water heating systems and operable 
windows). However, it is not clear that these changes will encourage 
additional use of energy-saving features, and DOE has maintained its 
original assessment.

II. Methodology

    In arriving at a determination, DOE reviewed all changes between 
the 2015 and 2012 editions of the IECC. The IECC covers a broad 
spectrum of the energy-related components and systems in buildings, 
ranging from simpler residential buildings to more complex multifamily 
facilities. For the purposes of its determination, DOE focused only on 
low-rise residential buildings, defined in a manner consistent with the

[[Page 33254]]

ICC and the American Society of Heating, Refrigerating and Air-
conditioning Engineers (ASHRAE). Low-rise residential buildings include 
one- and two-family detached and attached buildings, and low-rise 
multifamily buildings (not greater than three stories), such as 
condominiums and garden apartments. The 2015 IECC was developed through 
the same approach as the previous 2012 edition with approval through 
the ICC consensus process. The 2015 edition contains no significant 
changes to the overall scope or the structure of the prescriptive and 
mandatory provisions of the code, which form the basis of the DOE 
determination analyses. As a result, DOE determined that the 
methodology used for the analysis of the 2012 IECC should again be 
utilized for the analysis of the 2015 IECC.

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 the 2015 and 2012 
editions of the IECC, followed by a quantitative assessment of energy 
savings conducted through whole-building simulations of buildings 
constructed to meet the minimum requirements of each code over a range 
of U.S. climates. The analysis methodology, which was previously 
developed through a public comment process, is available on the DOE 
Building Energy Codes Program Web site.\5\
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    \5\ See http://www.energycodes.gov/development/residential/methodology.
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    Consistent with its previous determinations, DOE compared overall 
editions of the IECC, and did not issue determinations for individual 
code changes. DOE interprets the language in section 304(a) of ECPA to 
mean that when a comprehensive revision of the 1992 MEC, or its 
successor (which in this case is the 2015 IECC), is published, then 
that revised or successor code triggers the Secretary's obligation to 
issue a determination as to whether the revised code improves energy 
efficiency in residential buildings. (See 42 U.S.C. 6833(a)(5)(A)) This 
determination is made by comparing the revised or successor code to the 
last predecessor code.

Consideration for Technological and Economic Factors

    Section 304(a) of ECPA states that the Secretary is required to 
make a determination as to whether any successor standard to the 1992 
MEC will improve energy efficiency. (42 U.S.C. 6833(a)(5)(A)) Section 
304 of ECPA does not include any reference to economic justification, 
although such criteria are considered directly by the ICC code 
development and consensus process, as applicable. Each proposal 
submitted to the ICC code development process also requires a 
declaration of whether the proposed code change will increase the cost 
of construction.
    Separate from the Secretary's determination under section 304(a), 
section 307 of ECPA requires DOE to periodically review the technical 
and economic basis of the voluntary building energy codes, and 
participate in the industry process for review and modification, 
including seeking adoption of all technologically feasible and 
economically justified energy efficiency measures. (42 U.S.C. 6836(b)) 
In fulfillment of this directive, DOE evaluates its code change 
proposals submitted to the ICC, analyzing energy savings and cost-
effectiveness, as applicable, and otherwise participates in the ICC 
process. In addition, DOE performs independent technical and economic 
analysis of the IECC as part of its direction to provide assistance to 
States implementing building energy codes. This approach allows DOE to 
meet its statutory obligation to participate in the industry process 
for review and modification of the IECC, and to seek adoption of all 
technologically feasible and economically justified energy efficiency 
measures. (42 U.S.C. 6836(b)).
    In preparation for technical assistance activities, DOE previously 
developed a standardized methodology for assessing the cost-
effectiveness of code changes through a public process. (78 FR 47677) 
This methodology is published on the DOE Building Energy Codes Program 
Web site, and has been applied by DOE in the development of code change 
proposals for the IECC, as well as assessing the cost-effectiveness of 
published editions of the IECC. DOE expects to update this methodology 
periodically to ensure its assumptions and economic criteria remain 
valid and adequate for the analysis of potential code change proposals, 
and for States considering adoption of model building energy codes. DOE 
will continue to use the currently established methodology and 
parameters for developing materials for the technical assistance of the 
2015 IECC.

III. Summary of Findings

    In performing its determination, DOE performed both a qualitative 
and quantitative analysis of the prescriptive and mandatory 
requirements contained in the 2015 IECC. The chosen methodology for 
these analyses is consistent with actions of recent determinations, and 
provides a reasonable assessment of how the code will affect energy 
savings in residential buildings. A summary of the analyses supporting 
DOE's determination is outlined in the following sections.

Qualitative Analysis

    DOE performed a comparative analysis of the textual requirements of 
the 2015 IECC, examining the specific changes (approved code changes) 
made between the 2012 and the 2015 editions. The ICC Code Hearing 
process considers individual code changes for approval, and then 
bundles all the approved code changes together to form the next 
published edition. In creating the 2015 IECC, ICC processed 76 approved 
code change proposals. DOE evaluated each of these code change 
proposals in preparing its determination. In conducting the revised 
analysis, DOE also took into consideration NAHB's comment about DOE's 
analysis of pipe insulation requirements (NAHB, No. 3 at p. 1).
    Overall, DOE found that the vast majority of changes in the 2015 
IECC appear to be neutral (i.e., have no direct impact on energy 
savings) within the context of the determination analysis. DOE also 
found that beneficial changes (i.e., increased energy savings) outweigh 
any changes with a detrimental effect on energy efficiency in 
residential buildings. Of the 76 total changes:
     6 were considered beneficial;
     62 were considered neutral;
     5 were considered negligible;
     2 were considered detrimental; and
     1 was considered to have an unquantifiable impact.
    Table III.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 residential 
buildings. Additional details pertaining to the qualitative analysis 
are presented in a technical support document.\6\
---------------------------------------------------------------------------

    \6\ Mendon et al., 2015 IECC: Energy Savings Analysis (PNNL, 
Richland, WA, December 2014), available at http://www.energycodes.gov/determinations.

[[Page 33255]]



                                   Table III.1--Qualitative Analysis Findings
----------------------------------------------------------------------------------------------------------------
                                 Code section(s)       Description of      Impact on energy
         Proposal No.              affected \a\           changes             efficiency            Reason
----------------------------------------------------------------------------------------------------------------
RE1-13.......................  R101.4.3 (IRC        Deletes the          Neutral............  The residential
                                N1101.3).            exception for                             code has no
                                                     vestibules in the                         requirements for
                                                     provisions                                vestibules.
                                                     pertaining to
                                                     additions,
                                                     alterations,
                                                     renovations, and
                                                     repairs.
RE3-13.......................  R103.2 (IRC          Deletes text         Neutral............  Editorial change.
                                N1101.8).            relating to
                                                     commercial
                                                     building
                                                     components in
                                                     ``Information on
                                                     Construction
                                                     Documents.''
RE5-13.......................  R202 (IRC N1101.9).  Deletes the          Neutral............  The definition
                                                     definition of                             applied to
                                                     ``entrance door.''                        nonresidential
                                                                                               buildings only.
RE6-13.......................  R202 (NEW) (IRC      Adds definition of   Neutral............  Addition of
                                N1101.9 (NEW)).      ``Insulating                              definition.
                                                     Siding'' and notes
                                                     that the
                                                     insulation level
                                                     of this siding
                                                     must be R-2 or
                                                     greater.
RE9-13.......................  R202 (NEW) (IRC      Adds an appendix     Neutral............  No direct impact,
                                N1101.9 (NEW)),      with non-mandatory                        but has the
                                R304 (NEW) (IRC      provisions for                            potential to
                                N1101.16 (NEW)).     homes to be                               increase
                                                     ``solar-ready.''                          efficiency in the
                                                     Designed to be                            future.
                                                     readily referenced
                                                     by adopting
                                                     authorities as
                                                     needed.
RE12-13......................  R401.2 (IRC          Minor clarification  Neutral............  Clarification of
                                N1101.15).           that the code's                           code
                                                     mandatory                                 requirements.
                                                     requirements
                                                     should be met in
                                                     all compliance
                                                     paths.
RE14-13......................  R401.3 (IRC          Adds more options    Neutral............  Not energy related
                                N1101.16).           for the allowable                         but does
                                                     locations for                             eliminate a small
                                                     posting the                               enforcement
                                                     certificate of                            hindrance.
                                                     occupancy.
RE16-13......................  R401.3 (IRC          Similar to RE14-13.  Neutral............  Not energy related
                                N1101.16).           Allows more                               but does
                                                     options for the                           eliminate a small
                                                     allowable                                 enforcement
                                                     locations for                             hindrance.
                                                     posting the
                                                     certificate of
                                                     occupancy.
RE18-13......................  R402.1 (IRC          Cross-references     Neutral............  Adds consistency
                                N1102.1), R402.1.1   vapor barrier                             and clarifies
                                (NEW) (IRC           requirements by                           code
                                N1102.1.1 (NEW)).    referencing IRC                           requirements.
                                                     R702.7.
RE30-13......................  Table R402.1.1,      Modifies footnote h  Neutral............  Adds an option for
                                (IRC Table           to these tables to                        combined
                                N1102.1.1).          allow combined                            insulated
                                                     sheathing/siding.                         sheathing/siding
                                                                                               that meets code
                                                                                               requirements.
RE43-13......................  R402.1.2 (IRC        Adds use of term     Neutral............  Minor
                                N1102.1.2).          ``continuous                              clarification of
                                                     insulation''                              terminology.
                                                     instead of
                                                     ``insulating
                                                     sheathing.''
RE45-13......................  Table R402.1.3 (IRC  Slightly increases   Negligible.........  Intended to
                                N1102.1.3).          frame wall U-                             correct a
                                                     factor in climate                         perceived
                                                     zones 1 and 2. The                        misalignment
                                                     R-value table                             between the
                                                     remains unchanged.                        code's R-value-
                                                                                               based
                                                                                               requirements and
                                                                                               the alternative U-
                                                                                               factor-based
                                                                                               requirements. The
                                                                                               changes are very
                                                                                               small and
                                                                                               unlikely to
                                                                                               change wall
                                                                                               insulation levels
                                                                                               in most homes.
RE50-13......................  Table R402.1.3 (IRC  Slightly increases   Negligible.........  Intended to
                                Table N1102.1.3).    frame wall U-                             correct a
                                                     factor in climate                         perceived
                                                     zones 1-5 but                             misalignment
                                                     reduces it in                             between the
                                                     climate zones 6-8.                        code's R-value-
                                                     The R-value table                         based
                                                     remains unchanged.                        requirements and
                                                                                               the alternative U-
                                                                                               factor-based
                                                                                               requirements. The
                                                                                               changes are very
                                                                                               small and
                                                                                               unlikely to
                                                                                               change wall
                                                                                               insulation levels
                                                                                               in most homes.
RE53-13......................  R402.2.1 (IRC        Clarifies decreased  Neutral............  Clarification of
                                N1102.2.1).          ceiling insulation                        the code
                                                     allowance for                             requirement.
                                                     ceilings with
                                                     attic spaces only.
RE58-13......................  R402.2.4 (IRC        Clarifies that       Neutral............  Clarification of
                                N1102.2.4).          vertical doors are                        the code
                                                     not ``access                              requirement.
                                                     doors'' in
                                                     R402.2.4 and shall
                                                     be permitted to
                                                     meet the
                                                     fenestration
                                                     requirements of
                                                     Table 402.1.1.
RE60-13......................  R402.2.7 (IRC        Allows the floor     Neutral............  Allows a
                                N1102.2.7), Table    cavity insulation                         combination of
                                R402.4.1.1 (IRC      to not be in                              cavity and
                                Table N1102.4.1.1).  contact with the                          continuous
                                                     underside of the                          insulation to
                                                     subfloor decking                          meet the floor R-
                                                     if it is in                               value
                                                     contact with the                          requirement.
                                                     topside of
                                                     sheathing or
                                                     continuous
                                                     insulation
                                                     installed on the
                                                     bottom side of
                                                     floor framing.

[[Page 33256]]

 
RE63-13......................  Table R402.1.1 (IRC  Clarifies footnote   Neutral............  Clarification of
                                Table N1102.1.1),    h text by                                 code
                                R402.2.13 (NNEW)     rewording it and                          requirements.
                                (IRC N1102.2.13      moving it to new
                                (NEW)).              section R402.2.13.
RE68-13......................  R402.3.5 (IRC        Slightly increases   Detrimental........  Applies to only
                                N1102.3.5).          sunroom U-factor.                         climate zones 2
                                                                                               and 3; impacts
                                                                                               only thermally
                                                                                               isolated
                                                                                               sunrooms.
RE83-13......................  Table R402.4.1.1     Clarifies            Neutral............  Minor addition and
                                (IRC Table           requirements for                          clarification of
                                N1102.4.1.1).        wall corner and                           code
                                                     headers to have                           requirements.
                                                     insulation that
                                                     has at least R-3
                                                     per inch, and
                                                     clarifies that it
                                                     is the cavities in
                                                     such components
                                                     that require the
                                                     insulation.
RE84-13......................  Table R402.4.1.1     Allows a             Neutral............  Subset of RE60-13;
                                (IRC Table           combination of                            makes minor
                                N1102.4.1.1).        cavity and                                clarifying
                                                     continuous                                revisions to
                                                     insulation to meet                        wording.
                                                     the floor R-value
                                                     requirement.
RE85-13......................  Table R402.4.1.1     Reorganizes Table    Neutral............  Clarification of
                                (IRC Table           402.4.1.1 by                              code
                                N1102.4.1.1).        adding an                                 requirements.
                                                     additional column
                                                     and separating
                                                     ``air barrier
                                                     criteria'' from
                                                     ``insulation
                                                     installation
                                                     criteria,'' for
                                                     clarity.
RE86-13......................  Table R402.4.1.1     Clarifies language   Neutral............  Clarification of
                                (IRC Table           relating to                               code
                                N1102.4.1.1),        fireplace sealing/                        requirements.
                                R402.4.2 (IRC        door requirements.
                                N1102.4.2).
RE91-13......................  R402.4.1.2 (IRC      Adds references to   Neutral............  Adds more detailed
                                N1102.4.1.2),        the American                              references for
                                Chapter 5.           Society for                               procedures.
                                                     Testing and
                                                     Materials (ASTM)
                                                     standards E779 and
                                                     E1827 for blower
                                                     door testing.
RE103-13.....................  R403.1.1 (IRC        Adds requirements    Neutral............  Clarifies that the
                                N1103.1.1).          for the thermostat                        requirement is
                                                     to be pre-                                the
                                                     programmed by the                         manufacturer's
                                                     manufacturer.                             responsibility.
RE105-13.....................  R403.1.1 (IRC        Makes the            Neutral............  No direct impact
                                N1103.1.1).          programmable                              on energy.
                                                     thermostat
                                                     requirement apply
                                                     to any heating/
                                                     cooling system.
RE107-13.....................  R403.2.1 (IRC        Increases            Beneficial.........  Modestly reduces
                                N1103.2.1).          insulation                                conduction losses
                                                     requirements for                          from return ducts
                                                     return ducts in                           in attics.
                                                     attics from R-6 to
                                                     R-8.
RE109-13.....................  R403.2 (IRC          Makes the maximum    Neutral............  Zero-sum tradeoff
                                N1103.2), R403.2.2   allowable duct                            within IECC
                                (IRC N1103.2.2),     leakage rates                             performance path
                                R403.2.3 (NEW)       prescriptive,                             rules; applies
                                (IRC N1103.2.3       allowing                                  only to
                                (NEW)), R403.2.4     performance path                          compliance via
                                (NEW) (IRC           trade-offs.                               performance path.
                                N1103.2.4 (NEW)).
RE111-13.....................  R403.2.2 (IRC        Aligns the IECC      Neutral............  Requires sealing
                                N1103.2.2).          with the                                  of additional
                                                     International                             locking joints
                                                     Mechanical Code                           for consistency
                                                     (IMC) by removing                         between the IECC
                                                     exception from                            and IMC. Impact
                                                     duct sealing for                          is negligible
                                                     low-pressure                              because the
                                                     continuously                              mandatory duct
                                                     welded ducts.                             pressure test
                                                                                               governs duct
                                                                                               leakage
                                                                                               regardless of
                                                                                               specific sealing
                                                                                               strategies.
RE117-13.....................  R403.2.2 (IRC        Deletes exception    Neutral............  Editorial change
                                N1103.2.2).          relating to                               to eliminate
                                                     partially                                 irrelevant text.
                                                     inaccessible duct
                                                     connections.
RE118-13.....................  R403.2.2 (IRC        Reverses the order   Neutral............  Rearrangement of
                                N1103.2.2).          of how the two                            text.
                                                     duct testing
                                                     options are
                                                     presented.
RE125-13, Part I.............  R403.4.1 (IRC        Adds requirements    Beneficial.........  Demand activated
                                N1103.4.1),          for demand-                               control reduces
                                R403.4.1.1 (NEW)     activated control                         the runtime of
                                (IRC N1103.4.1.1     on hot water                              circulation
                                (NEW)), R403.4.1.2   circulation                               pumps.
                                (NEW) (IRC           systems and heat
                                N1103.4.1.2          trace systems.
                                (NEW)), Chapter 5,   Makes IECC, IRC,
                                IPC [E] 607.2.1,     and IPC consistent
                                [E] 607.2.1.1        and clarifies
                                (NEW), [E]           requirements for
                                607.2.1.1.1 (NEW),   these systems.
                                [E] 607.2.1.1.2
                                (NEW), IPC Chapter
                                14, IRC P2905
                                (NEW), IRC P2905.1
                                (NEW).

[[Page 33257]]

 
RE132-13.....................  R403.4.2 (IRC        Deletes requirement  Beneficial.........  Energy lost due to
                                N1103.4.2), Table    for domestic hot                          the elimination
                                R403.4.2 (IRC        water (DHW) pipe                          of hot water pipe
                                Table N1103.4.2).    insulation to                             insulation on the
                                                     kitchen and the                           kitchen pipe is
                                                     generic                                   typically more
                                                     requirement on                            than made up by
                                                     long/large-                               added insulation
                                                     diameter pipes.                           requirements for
                                                     However, adds DHW                         pipes 3/4 inches
                                                     pipe insulation                           in diameter, the
                                                     for 3/4-inch                              most common size
                                                     pipes.                                    for trunk lines.
RE136-13, Part I.............  R403.4.2 (NEW) (IRC  Adds demand control  Beneficial.........  Demand activated
                                N1103.4.2 (NEW)),    requirements for                          control reduces
                                IPC 202, IPC         recirculating                             the runtime of
                                [E]607.2.1.1         systems that use a                        circulation
                                (NEW), IRC P2905     cold water supply                         pumps.
                                (NEW), IRC P2905.1   pipe to return
                                (NEW).               water to the tank.
RE142-13.....................  R403.6 (IRC          Requires heating,    Neutral............  DOE's Appliances
                                N1103.6).            ventilation, and                          and Commercial
                                                     air-conditioning                          Equipment
                                                     equipment to meet                         Standards Program
                                                     Federal efficiency                        regulates the
                                                     standards.                                minimum
                                                                                               efficiency of
                                                                                               units produced by
                                                                                               equipment
                                                                                               manufacturers.
RE163-13.....................  R405.4.2 (IRC        Specifies details    Neutral............  No direct impact
                                N1105.4.2),          of a compliance                           on energy.
                                R405.4.2.1 (NEW)     report for the
                                (IRC N1105.4.2.1     performance
                                (NEW)), R405.2.2     approach.
                                (NEW) (IRC
                                N1105.4.2.2 (NEW)).
RE167-13.....................  Table R405.5.2(1)    Fixes missing        Neutral............  Adds details for
                                (IRC Table           standard reference                        modeling the
                                B1105.5.2(1)).       design                                    standard
                                                     specifications for                        reference design
                                                     thermal                                   in the
                                                     distribution                              performance path.
                                                     systems.
RE173-13.....................  Table R405.5.2(1)    Adjusts Table        Neutral............  Simple
                                (IRC Table           R405.5.2(1) (the                          clarification of
                                N1105.5.2(1)).       performance path)                         the intent of the
                                                     terminology for                           code.
                                                     doors and
                                                     fenestration.
RE184-13.....................  R101.4.3, R202,      Revamps alterations  Neutral............  Trade-offs between
                                R406 (NEW), (IRC     language and moves                        weakened and
                                N1101. 3, N1101.9,   it from chapter 1                         strengthened
                                N1106 (NEW)).        to section R406.                          requirements
                                                                                               possible but
                                                                                               there is no
                                                                                               feasible method
                                                                                               for quantifying
                                                                                               the energy impact
                                                                                               of these trade-
                                                                                               offs.
RE188-13.....................  R202 (NEW) (IRC      Optional new         Not quantifiable at  New alternative
                                N1101.9 (NEW)),      approach in          this time.           compliance path--
                                R401.2 (IRC          section 406                               no data is
                                N1101.15), R406      requiring an ERI                          currently
                                (NEW) (IRC N1106     with a tradeoff                           available to
                                NEW).                limitation on the                         adequately
                                                     thermal envelope                          estimate the
                                                     requirements.                             number of homes
                                                                                               that may be
                                                                                               constructed using
                                                                                               this compliance
                                                                                               path.
RE193-13.....................  R202 (IRC N1101.9),  Adds requirements    Neutral............  Impacts air
                                403.10 (New) (IRC    for testing of                            quality; no
                                N1103.10 (New)).     combustion venting                        direct impact on
                                                     systems.                                  home energy
                                                                                               usage.
RE195-13.....................  R402.1.2...........  Subtracts out R-0.6  Neutral............  Adds consistency
                                                     for insulating                            in R-value
                                                     siding from R-                            calculations.
                                                     value table to
                                                     prevent double
                                                     counting of
                                                     siding.
RB96-13, Part I..............  Table R402.4.1.1...  Specifies that air   Neutral............  Minor
                                                     sealing shall be                          clarification of
                                                     provided in fire                          code
                                                     separation                                requirements.
                                                     assemblies.
RB100-13.....................  R303.4.............  Corrects the air     Neutral............  Consistency
                                                     infiltration                              change.
                                                     threshold in
                                                     R303.4 to be 5 air
                                                     changes per hour
                                                     or less to align
                                                     it with the
                                                     infiltration
                                                     limits set by the
                                                     code.
SP19-13, Part III............  303.1; IECC C404.7;  Makes numerous       Neutral............  No direct impact
                                IECC R403.9.         wording changes to                        on home energy
                                                     pool and spa                              usage.
                                                     requirements.
                                                     Doesn't appear to
                                                     make substantive
                                                     changes.
ADM22-13, Part III...........  IECC: R108.2.......  Revises ``owner's    Neutral............  Simple language
                                                     agent'' to                                change.
                                                     ``owner's
                                                     authorized agent''
                                                     in R108.2.
ADM30-13, Part III...........  IECC: R103.4.......  Adds ``work shall    Neutral............  Simple language
                                                     be installed in                           change.
                                                     accordance with
                                                     the approved
                                                     construction
                                                     documents'' to
                                                     R103.4.
ADM40-13, Part III...........  IECC: R103.1.......  Adds ``technical     Neutral............  Simple language
                                                     reports'' as                              change.
                                                     acceptable data
                                                     for submittal with
                                                     a permit
                                                     application.

[[Page 33258]]

 
ADM51-13, Part III...........  IECC: R202 (IRC      Adds ``retrofit''    Neutral............  Simple language
                                N1101.9).            and other terms to                        change.
                                                     definition of
                                                     ``alteration.''
ADM57-13, Part III...........  IECC: R202 (IRC      Adds definition of   Neutral............  Simple language
                                N1101.9) (New).      ``approved                                change.
                                                     agency.''
ADM60-13, Part III...........  IECC: R202 (IRC      Revises definition   Neutral............  Simple language
                                N1101.9).            of ``repairs.''                           change.
CE4-13, Part II..............  R101.4, R202 (IRC    Editorial            Neutral............  Editorial change.
                                N1101.9); R402.3.6   relocation of code
                                (IRC N1102.3.6),     text pertaining to
                                Chapter 5 (RE)       ``existing
                                (NEW) (IRC N1106     buildings'' to a
                                (NEW)).              separate chapter.
CE8-13, Part II..............  R101.4.2, R202       Revises language     Beneficial.........  Additional
                                (NEW) (IRC N1101.9   requiring the code                        buildings must
                                (NEW)).              to apply to                               meet the code
                                                     historic buildings                        requirements.
                                                     if no ``compromise
                                                     to the historic
                                                     nature and
                                                     function of the
                                                     building'' occurs.
CE11-13, Part II.............  R101.4.3, (IRC       Adds existing        Neutral............  Exceptions are
                                N1101.3).            single-pane                               allowed only if
                                                     fenestration with                         energy use is not
                                                     surface films to                          increased.
                                                     the list of
                                                     exceptions in
                                                     R101.4.3.
CE15-13, Part II.............  R101.4.3 (IRC        Revises exemption    Neutral............  Editorial change.
                                N1101.3), R202       for roofing
                                (NEW) (IRC N1101.9   replacement.
                                (NEW)).
CE23-13, Part II.............  R101.5.2 (IRC        Relocates exception  Neutral............  Editorial change.
                                N1101.6), R402.1     for ``low energy''
                                (IRC N1102.1).       buildings from
                                                     R101.5.2 to
                                                     R402.1.
CE33-13, Part II.............  R102, R102.1.1       Changes title of     Neutral............  Editorial change.
                                (NEW).               section R102 to
                                                     ``Applicability--D
                                                     uties and powers
                                                     of the Code
                                                     Official'' and
                                                     revises language
                                                     on ``alternative
                                                     materials, design
                                                     and methods of
                                                     construction and
                                                     equipment.''
CE37-13, Part II.............  R103.2.1 (NEW).....  Requires the         Neutral............  Simple
                                                     building's thermal                        documentation
                                                     envelope to be                            requirement.
                                                     represented on
                                                     construction
                                                     documents.
CE38-13, Part II.............  R103.3, R104.1,      Revises a number of  Neutral............  No direct impact
                                R104.2 (NEW),        administrative                            on energy.
                                R104.3, R104.3.1     requirements to
                                (NEW), R014.3.2      enhance the
                                (NEW), R104.3.3      ability to ensure
                                (NEW), R104.3.4      compliance with
                                (NEW), R104.3.5      the code and
                                (NEW), R104.3.6      improve the
                                (NEW), R104.5.       usability of the
                                                     code.
CE43-13, Part II.............  R106.2.............  Deletes R106.2       Neutral............  Editorial change.
                                                     ``Conflicting
                                                     requirements''
                                                     because it is
                                                     redundant with
                                                     ``Conflicts'' in
                                                     R106.1.1.
CE44-13, Part II.............  R108.4.............  Revises language     Neutral............  Editorial change.
                                                     pertaining to
                                                     ``fines'' in
                                                     section R108.4.
CE49-13, Part III............  R202 (NEW) (IRC      Adds definition of   Neutral............  Editorial change.
                                N1101.9 (NEW)).      a ``circulating
                                                     hot water
                                                     system.''
CE50-13, Part II.............  R202 (NEW) (IRC      Add definition of    Neutral............  Editorial change.
                                N1101.9 (NEW)).      ``climate zone.''
CE51-13, part II.............  R202 (IRC N1101.9).  Revises the          Neutral............  Revision of
                                                     definition of                             definition.
                                                     ``conditioned
                                                     space.''
CE52-13, Part II.............  R202 (NEW) (IRC      Adds definition of   Neutral............  Definition
                                N1101.9 (NEW)).      ``continuous                              addition.
                                                     insulation.''
CE59-13, Part II.............  R202 (IRC N1101.9).  Revises the          Neutral............  Revision of
                                                     definition of                             definition.
                                                     ``vertical
                                                     glazing.''
CE61-13, Part II.............  Table R301.1.......  Adds ``Broomfield    Neutral............  Editorial change.
                                                     County'' to Table
                                                     C301.1 and R301.1.
CE62-13, Part II.............  Figure R301.1 (IRC   Eliminates the       Neutral............  No efficiency
                                Figure N1101.10),    ``warm humid''                            requirements
                                Table R301.1 (IRC    designation for                           depend on the
                                Table N1101.10).     counties in the                           warm-humid
                                                     ``dry'' moisture                          designation in
                                                     regime in                                 Climate Zone 2/
                                                     Southwest Texas.                          Dry.
CE63-13, Part II.............  R303.1.1 (IRC        Requires labeling R- Neutral............  Labeling
                                N1101.12.1).         value on packaging                        requirement.
                                                     of insulated
                                                     siding and listing
                                                     of same on the
                                                     certification.

[[Page 33259]]

 
CE65-13, Part II.............  R303.1.3 (IRC        Adds the American    Neutral............  Adds an option of
                                N1101.12.3),         National Standards                        using ANSI/DASMA
                                Chapter 5.           Institute (ANSI)/                         105 instead of
                                                     Door and Access                           NFRC 100.
                                                     Systems
                                                     Manufacturers
                                                     Association
                                                     (DASMA) standard
                                                     105 as an
                                                     alternative to
                                                     National
                                                     Fenestration and
                                                     Rating Council
                                                     (NFRC) 100 for
                                                     determining U-
                                                     factors of garage
                                                     doors, where
                                                     required.
CE66-13, Part II.............  R301.4 (NEW) (IRC    Defines a new        Detrimental........  Exception to code
                                N1101.10.3 (NEW)),   ``Tropical''                              requirements
                                R406 (NEW) (IRC      climate zone and                          applicable to a
                                N1106 (NEW)).        adds an optional                          small number of
                                                     compliance path                           homes in tropical
                                                     for semi-                                 areas.
                                                     conditioned
                                                     residential
                                                     buildings with a
                                                     list of pre-
                                                     defined criteria
                                                     to be deemed as
                                                     code compliant in
                                                     this climate zone.
CE67-13, Part II.............  R303.1.4.1           Adds ASTM C1363 as   Neutral............  Addition of
                                (N1101.12.4)         the required test                         testing
                                (NEW), Chapter 5.    standard for                              requirements.
                                                     determining the
                                                     thermal resistance
                                                     (R-value) of
                                                     insulating siding.
CE161-13, Part II............  R402.3.2 (IRC        Allows dynamic       Negligible.........  Similar energy
                                N1102.3.2).          glazing to satisfy                        impact to non-
                                                     the SHGC                                  dynamic glazing.
                                                     requirements
                                                     provided the ratio
                                                     of upper to lower
                                                     SHGC is 2.4 or
                                                     greater and is
                                                     automatically
                                                     controlled to
                                                     modulate the
                                                     amount of solar
                                                     gain into the
                                                     space.
CE177-13, Part II............  R402.1.2 (NEW),      Requires open        Neutral............  Relates to indoor
                                (IRC N1102.4.1.2     combustion                                air quality and
                                (NEW)).              appliances to be                          does not impact
                                                     outside                                   energy directly.
                                                     conditioned space
                                                     or in a room
                                                     isolated from
                                                     conditioned space
                                                     and ducted to the
                                                     outside.
CE179-13, Part II............  Table R402.4.1.1     Exempts fire         Negligible.........  The home/unit
                                (IRC Table           sprinklers from                           would still have
                                N1102.4.1.1).        air sealing                               to pass the
                                                     requirements.                             blower door test.
CE283-13, Part II............  R403.4.3 (NEW)       Requires drain       Negligible.........  Enables credit for
                                (N1103.5 (NEW)),     water heat                                efficiency
                                Chapter 5, IRC       recovery systems                          improvements due
                                P2903.11 (NEW).      to comply with                            to the use of
                                                     Canadian Standards                        drain water heat
                                                     Association (CSA)                         recovery devices.
                                                     Standard 55 and
                                                     adds references to
                                                     CSA Standard 55 to
                                                     chapter 5.
CE362-13, Part II............  R403.2 (New) (IRC    Adds requirement     Beneficial.........  Lowering boiler
                                N1103.2 (New)).      for outdoor                               water temperature
                                                     setback control                           during periods of
                                                     for hot water                             moderate outdoor
                                                     boilers that                              temperature
                                                     controls the                              reduces energy
                                                     boiler water                              consumption of
                                                     temperature based                         the boiler.
                                                     on the outdoor
                                                     temperature.
----------------------------------------------------------------------------------------------------------------
\a\ Code sections refer to the 2012 IECC.
KEY: The following terms are used to characterize the effect of individual code change on energy efficiency (as
  contained in the above table): Beneficial indicates that a code change is anticipated to improve energy
  efficiency; Detrimental indicates a code change may increase energy use in certain applications; Neutral
  indicates that a code change is not anticipated to impact energy efficiency; Negligible indicates a code
  change may have energy impacts but too small to quantify; and Not Quantifiable indicates that a code change
  may have energy impacts but can't be quantified at this time.

    In addition to the changes approved for inclusion in the 
prescriptive and mandatory paths, ICC also approved a proposal based on 
an Energy Rating Index (ERI) in the 2015 IECC. While this change does 
not directly alter stringency of the code, it does provide an 
additional compliance path as an alternative to the traditional IECC 
prescriptive and performance paths. DOE determination analyses have 
historically focused on the prescriptive compliance path. This has been 
done because: (1) The prescriptive path is generally considered the 
predominant compliance path in practice, and; (2) the performance path 
effectively allows a limitless number of ways to comply with the code, 
and no accepted methodology exists for how to analyze it. Equally 
important, there is no aggregated source of data allowing for 
documentation of how buildings meet the performance path criteria. In 
the absence of such data, an analysis of the performance path would 
have no empirical basis.
    The inclusion of a new type of compliance path in the 2015 IECC, 
which is based on an Energy Rating Index (ERI), prompted DOE to review 
its historical approach, and make a decision as to whether a change in 
methodology would be appropriate for the current determination 
analysis. Three primary points were considered:
    (1) The impact of the ERI path on national residential energy 
consumption is dependent on the number of homes that use this new path, 
and the unique building characteristics of those homes. As no 
jurisdiction has yet implemented the 2015 IECC, there is no way to know 
how many homes will use this path.

[[Page 33260]]

    (2) An analysis conducted by Pacific Northwest National Laboratory 
(PNNL) suggests that most homes built using the ERI path, as specified 
in the 2015 IECC, are likely to be at least as efficient as the homes 
built to meet the prescriptive requirements of the IECC or the 
traditional performance path.\7\
---------------------------------------------------------------------------

    \7\ Taylor et al., Identification of RESNET HERS Index Values 
Corresponding to Minimal Compliance with the IECC (PNNL, Richland, 
WA, May 2014), available at http://www.energycodes.gov/hers-and-iecc-performance-path
---------------------------------------------------------------------------

    (3) Including the new ERI path but not the traditional performance 
path would be arbitrary relative to historical determination analysis. 
An accepted methodology, along with a supporting data source, by which 
to analyze the performance path would also be necessary, and is not 
currently available.
    Based on these three points, DOE concluded that it is appropriate 
to follow its historical approach for the current determination. 
However, DOE acknowledges that the landscape of code compliance may be 
changing, and therefore plans to track the implementation and 
application of the new ERI path, as well as collect relevant data that 
may enable DOE to further evaluate the ERI path in future analyses. It 
will also investigate the possibility of collecting data that could 
provide the basis for a broader analysis of performance-based 
compliance paths. Finally, DOE will explore whether the total number of 
homes built under each path can be determined and tracked over time. 
DOE anticipates that multiple paths may be considered in future 
determinations, but will only be included if the potential energy 
savings are relative to the traditional DOE analysis.
    Table III.2 summarizes the overall impact of the code change 
proposals in the qualitative analysis. Overall, the sum of the 
beneficial code changes (6) is greater than the number of the 
detrimental code change proposals (2).

               Table III.2--Overall Summary of Code Change Proposal Impact in Qualitative Analysis
----------------------------------------------------------------------------------------------------------------
                                                                                     Unquantifiable at
     Detriment             Neutral              Benefit         Negligible impact        this time        Total
----------------------------------------------------------------------------------------------------------------
               2                   62                    6                    5                    1      76
----------------------------------------------------------------------------------------------------------------

Quantitative Analysis

    The quantitative analysis of the 2015 IECC was carried out using 
whole-building energy simulations of prototype buildings designed to 
meet the requirements of the 2012 IECC and the 2015 IECC. DOE simulated 
32 representative residential building types across 15 U.S. climate 
locations, with locations selected to be representative of all U.S 
climate zones, as defined by the IECC. Energy use intensities (EUI) by 
fuel type and by end-use, as regulated by the IECC (i.e., heating, 
cooling, domestic water heating and lighting) were extracted for each 
building type, and weighted by the relative square footage of 
construction (represented by building type in each climate regions). 
The methodology used for carrying out the quantitative analysis remains 
unchanged from the preliminary determination of the 2015 IECC, however, 
the overall findings have been updated based on comments received (see 
Public Comments Regarding the Determination section of this notice).
    The quantitative analysis of buildings designed to meet the 
requirements of the 2015 IECC indicates national site energy savings of 
0.98 percent of residential building energy consumption, as regulated 
by the IECC (in comparison to the 2012 IECC). Associated source energy 
savings are estimated to be approximately 0.87 percent, and national 
average energy cost savings are estimated to be approximately 0.73 
percent. Table III.3 and Table III.4 show the energy use and associated 
savings resulting from the 2015 IECC by climate zone and on an 
aggregated national basis. Further details on the quantitative analysis 
can be found in the technical support document.

    Table III.3--Estimated Regulated Annual Site and Source Energy Use Intensities (EUI), and Energy Costs by
                                                  Climate-Zone
                                                   [2012 IECC]
----------------------------------------------------------------------------------------------------------------
                                                             Site EUI (kBtu/  Source EUI (kBtu/ Energy costs ($/
                       Climate zone                             ft\2\-yr)         ft\2\-yr)       residence-yr)
----------------------------------------------------------------------------------------------------------------
1.........................................................             13.96             38.57               845
2.........................................................             16.99             43.24             1,104
3.........................................................             16.90             40.43               988
4.........................................................             19.52             44.00             1,069
5.........................................................             27.62             47.49             1,162
6.........................................................             29.28             49.21             1,195
7.........................................................             36.18             63.25             1,501
8.........................................................             50.28             89.49             2,320
                                                           -----------------------------------------------------
    National Weighted Average.............................             20.82             44.17             1,086
----------------------------------------------------------------------------------------------------------------


[[Page 33261]]


    Table III.4--Estimated Regulated Annual Site and Source Energy Use Intensities (EUI), and Energy Costs by
                                                  Climate-Zone
                                                   [2015 IECC]
----------------------------------------------------------------------------------------------------------------
                                                             Site EUI (kBtu/  Source EUI (kBtu/ Energy costs ($/
                       Climate zone                             ft\2\-yr)         ft\2\-yr)       residence-yr)
----------------------------------------------------------------------------------------------------------------
1.........................................................             13.85             38.33               841
2.........................................................             16.84             42.90             1,096
3.........................................................             16.71             40.03               980
4.........................................................             19.31             43.56             1,060
5.........................................................             27.38             47.14             1,155
6.........................................................             29.03             48.84             1,187
7.........................................................             35.86             62.72             1,490
8.........................................................             49.80             88.65             2,299
                                                           -----------------------------------------------------
    National Weighted Average.............................             20.61             43.78             1,078
----------------------------------------------------------------------------------------------------------------

    Table III.5 presents the estimated energy savings (based on percent 
change in EUI and energy costs) associated with the 2015 IECC. Overall, 
the quantitative analysis indicates increased energy efficiency of 
residential buildings, as regulated by the updated code.

              Table III.5--Regulated Annual Energy Savings Estimated from the Quantitative Analysis
----------------------------------------------------------------------------------------------------------------
                                                              Site EUI \a\     Source EUI \a\   Energy costs \a\
                       Climate zone                             (percent)         (percent)         (percent)
----------------------------------------------------------------------------------------------------------------
1.........................................................              0.78              0.61              0.43
2.........................................................              0.88              0.79              0.68
3.........................................................              1.13              0.99              0.83
4.........................................................              1.08              0.99              0.82
5.........................................................              0.87              0.74              0.63
6.........................................................              0.85              0.75              0.61
7.........................................................              0.88              0.84              0.71
8.........................................................              0.95              0.94              0.94
                                                           -----------------------------------------------------
    National Weighted Average.............................              0.98              0.87              0.73
----------------------------------------------------------------------------------------------------------------
\a\ Percentages are calculated before rounding and may not exactly match percentages calculated between Table
  III.3 and Table III.4.

IV. Determination Statement

    Review and evaluation of the 2012 and 2015 editions of the IECC 
indicate that there are differences between the two editions. 
Qualitative analysis of the updated code reveals that many of the code 
changes are anticipated to have a neutral impact on energy efficiency, 
while a small number of code changes are anticipated to yield improved 
energy efficiency, and a smaller number of code changes are anticipated 
to be detrimental to energy efficiency. In addition, quantitative 
analysis of the code indicates regulated site energy, source energy, 
and energy cost savings of 0.98 percent, 0.87 percent and 0.73 percent, 
respectively. Finally, DOE acknowledges the reasonable probability that 
the new ERI compliance path will result in energy efficiency 
improvements that cannot be quantified at this time. DOE has rendered 
the conclusion that the 2015 IECC will improve energy efficiency in 
residential buildings, and, therefore, should receive an affirmative 
determination under Section 304(a) of ECPA.

V. State Certification

    Based on today's determination, each State is required to review 
the provisions of its residential building code regarding energy 
efficiency, and determine whether it is appropriate for such state to 
revise its building code to meet or exceed the energy efficiency 
provisions of the 2015 IECC. (42 U.S.C. 6833(a)(5)(B)) This action must 
be made not later than 2 years from the date of publication of a Notice 
of Determination, unless an extension is provided.

State Review and Update

    The State determination must be: (1) Made after public notice and 
hearing; (2) in writing; (3) based upon findings and upon the evidence 
presented at the hearing; and (4) made available to the public. (42 
U.S.C. 6833(a)(2)) States have discretion with regard to the hearing 
procedures they use, subject to providing an adequate opportunity for 
members of the public to be heard and to present relevant information. 
The Department recommends publication of any notice of public hearing 
through appropriate and prominent media outlets, such as in a newspaper 
of general circulation. States should also be aware that this 
determination does not apply to IECC chapters specific to 
nonresidential buildings, as defined in the IECC. Therefore, States 
must certify their evaluations of their State building codes for 
residential buildings with respect to all provisions of the IECC, 
except for those chapters not affecting residential buildings. Because 
state codes are based on a variety of model code editions, DOE 
encourages States to consider the energy efficiency improvements of the 
2015 IECC, as well as other recent editions of the IECC, which may also 
represent a significant energy and cost savings opportunity. DOE 
determinations regarding earlier editions of the IECC are available on 
the DOE Building Energy Codes Program Web site.\8\ Further national and 
state analysis is also available.\9\
---------------------------------------------------------------------------

    \8\ Available at http://www.energycodes.gov/regulations/determinations/previous.
    \9\ Available at http://www.energycodes.gov/development/residential/iecc_analysis.

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

[[Page 33262]]

State Certification Statements

    State certifications are to be sent to the address provided in the 
ADDRESSES section, or may be submitted to 
[email protected], and must be submitted in accordance 
with the deadline identified in the DATES section. If a State makes a 
determination that it is not appropriate to revise the energy 
efficiency provisions of its residential building code, the State must 
submit to the Secretary, in writing, the reasons for this 
determination, which shall be made available to the public. (42 U.S.C. 
6833(a)(4))
    The DOE Building Energy Codes Program tracks and reports State code 
adoption and certifications.\10\ Once a State has adopted an updated 
residential 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., the 2015 IECC). DOE has issued previous 
guidance on how it intends to respond to technical assistance requests 
related to implementation resources, such as building energy code 
compliance software. (79 FR 15112) DOE also 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. DOE does not prescribe how each State adopts and enforces 
its energy codes.
---------------------------------------------------------------------------

    \10\ 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 substantive 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, or may be submitted to 
[email protected].

VI. 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.\11\
---------------------------------------------------------------------------

    \11\ Available at http://energy.gov/gc/office-general-counsel.
---------------------------------------------------------------------------

    DOE has reviewed today's action under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published in 
February 2003. Today's action on the determination of improved energy 
efficiency between IECC editions requires States to undertake an 
analysis of their respective building codes. Today's action does not 
impact small entities. Therefore, DOE has certified that there is no 
significant economic impact on a substantial number of small entities.

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 1992 
MEC, 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 residential 
buildings and must publish notice of such determination in the Federal 
Register. (42 U.S.C. 6833(a)(5)(A)) If the Secretary determines that 
the revision of 1992 MEC, or any successor thereof, improves the level 
of energy efficiency in residential buildings, then no later than two 
years after the date of the publication of such affirmative 
determination, each State is required to certify that it has reviewed 
its residential building code regarding energy efficiency and made a 
determination whether it is appropriate to revise its code to meet or 
exceed the provisions of the successor code. (42 U.S.C. 6833(a)(5)(B)) 
Today's action impacts whether States must perform an evaluation of 
State building codes. The action would not 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. 
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

[[Page 33263]]

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(a) of ECPA, DOE is statutorily required to 
determine whether the most recent edition of the MEC (or its successor) 
would improve the level of energy efficiency in residential buildings 
as compared to the previous edition. If DOE makes an affirmative 
determination, the statute requires each State to certify that it has 
reviewed its residential building code regarding energy efficiency and 
made a determination whether it is appropriate to revise its code to 
meet or exceed the provisions of the successor code. (42 U.S.C. 
6833(a)(5)(B))
    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)
    DOE has examined today's action and has determined that it will not 
pre-empt State law and will 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. Today's action impacts whether States 
must perform an evaluation of State building codes. No further action 
is required by Executive Order 13132.

Review Under Unfunded Mandates Reform Act of 1995

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

Review Under the Treasury and General Government Appropriations Act of 
1999

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

Review Under the Treasury and General Government Appropriations Act of 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
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 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.

    Issued in Washington, DC, on May 29, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-14297 Filed 6-10-15; 8:45 am]
 BILLING CODE 6450-01-P