[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Rules and Regulations]
[Pages 68749-68758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28078]



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  Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / 
Rules and Regulations  

[[Page 68749]]



DEPARTMENT OF ENERGY

10 CFR Part 433

[Docket No. EERE-2014-BT-STD-0047]
RIN 1904-AD39


Energy Efficiency Standards for New Federal Commercial and Multi-
Family High-Rise Residential Buildings' Baseline Standards Update

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (DOE) is publishing this final 
rule to implement provisions in the Energy Conservation and Production 
Act (ECPA) that require DOE to update the baseline Federal energy 
efficiency performance standards for the construction of new Federal 
commercial and multi-family high-rise residential buildings. This rule 
updates the baseline Federal commercial standard to the American 
Society of Heating, Refrigerating, and Air-Conditioning Engineers 
(ASHRAE) Standard 90.1-2013.

DATES: This rule is effective January 5, 2016.
    The incorporation by reference of certain ANSI/ASHRAE/IES 90.1-2013 
in this rule is approved by the Director of the Federal Register as of 
January 5, 2016.
    All Federal agencies shall design new Federal buildings that are 
commercial and multi-family high-rise residential buildings, for which 
design for construction began on or after November 6, 2016, using 
ASHRAE Standard 90.1-2013 as the baseline standard for 10 CFR part 433.

ADDRESSES: This rulemaking can be identified by docket number EERE-
2014-BT-STD-0047 and/or RIN number 1904-AD39.
    Docket: The docket is available for review at http://www.regulations.gov including Federal Register Notices and other 
supporting documents/materials. All documents in the docket are listed 
in the http://www.regulations.gov index. However, not all documents 
listed in the index may be publicly available, such as information that 
is exempt from public disclosure.

FOR FURTHER INFORMATION CONTACT: For technical issues: Sarah Jensen, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Federal Energy Management Program, Mailstop EE-5F, 1000 
Independence Avenue SW., Washington, DC 20585, (202) 287-6033, email: 
[email protected]. For legal issues: Kavita Vaidyanathan, U.S. 
Department of Energy, Office of the General Counsel, Forrestal 
Building, GC-33, 1000 Independence Avenue SW., Washington, DC 20585, 
(202) 586-6609, email: [email protected].

SUPPLEMENTARY INFORMATION:

Material Under 1 CFR Part 51

    This rulemaking incorporates by reference the following standard 
into 10 CFR part 433:
     ANSI/ASHRAE/IES Standard 90.1-2013, Energy Standard for 
Buildings Except Low-Rise Residential Buildings, I-P Edition, Copyright 
2013.
    Copies of this standard are available from the American Society of 
Heating Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie 
Circle NE., Atlanta, GA 30329, (404) 636-8400, http://www.ashrae.org. 
The standard is discussed in greater detail in sections III and VI.N of 
this document.
    Also, a copy of this standard is available for inspection at U.S. 
Department of Energy (DOE), Office of Energy Efficiency and Renewable 
Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza 
SW., Washington, DC 20024. For information on the availability of this 
standard at DOE, contact Ms. Brenda Edwards at (202) 586-2945 or email 
[email protected].

Table of Contents

I. Executive Summary of the Final Rule
II. Introduction
III. Discussion of the Final Rule
IV. Compliance Date
V. Reference Resources
VI. Regulatory Analysis
VII. Congressional Notification
VIII. Approval of the Office of the Secretary

I. Executive Summary of the Final Rule

    Section 305 of the Energy Conservation and Production Act (ECPA), 
as amended, requires DOE to determine whether the energy efficiency 
standards for new Federal buildings should be updated to reflect 
revisions to ASHRAE Standard 90.1 based on the cost-effectiveness of 
the revisions. (42 U.S.C. 6834(a)(3)(B)) Accordingly, DOE conducted a 
cost-effectiveness analysis that found ASHRAE Standard 90.1-2013 to be 
cost-effective. DOE's assumptions and methodology for the cost-
effectiveness of this rule are based on DOE's cost-effectiveness 
analysis of ASHRAE Standard 90.1-2013, as well as DOE's Environmental 
Assessment (EA) for this rulemaking.\1\ Therefore, in this final rule, 
DOE updates the energy efficiency standards for new Federal buildings 
to ASHRAE Standard 90.1-2013 for buildings for which design for 
construction began on or after one year after the rule is published in 
the Federal Register. (42 U.S.C. 6834 (a)(3)(A)). Federal buildings are 
defined as follows: ``any building to be constructed by, or for the use 
of, any Federal agency. Such term shall include buildings built for the 
purpose of being leased by a Federal agency, and privatized military 
housing.'' (42 U.S.C. 6832 (6)). This term does not include renovations 
or modifications to existing buildings.
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    \1\ The Environmental Assessment (EA) (DOE/EA-2001) is entitled, 
``Environmental Assessment for Final Rule, 10 CFR part 433, `Energy 
Efficiency Standards for New Federal Commercial and Multi-Family 
High-Rise Residential Buildings,' Baseline Standards Update''. The 
EA and Finding Of No Significant Impact (FONSI) may be found in the 
docket for this rulemaking and at http://energy.gov/node/984581.
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II. Introduction

    ECPA, as amended, requires DOE to establish building energy 
efficiency standards for all new Federal buildings. (42 U.S.C. 
6834(a)(1)) The standards established under section 305(a)(1) of ECPA 
must contain energy efficiency measures that are technologically 
feasible, economically justified, and meet the energy efficiency levels 
in the applicable voluntary consensus energy codes specified in section 
305. (42 U.S.C. 6834(a)(1)-(3))
    Under section 305 of ECPA, the referenced voluntary consensus code 
for commercial buildings (including multi-

[[Page 68750]]

family high rise residential buildings) is the American Society of 
Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) 
Standard 90.1. (42 U.S.C. 6834(a)(2)(A)) For the purposes of discussion 
in this preamble, all references to ``Federal buildings'' subject to 10 
CFR 433 will include commercial and multi-family high-rise residential 
unless otherwise noted. DOE codified this referenced code as the 
baseline Federal building standard in its existing energy efficiency 
standards found in 10 CFR part 433. Also pursuant to section 305 of 
ECPA, DOE must establish, by rule, revised Federal building energy 
efficiency performance standards for new Federal buildings that require 
such buildings be designed to achieve energy consumption levels that 
are at least 30 percent below the levels established in the referenced 
code (baseline Federal building standard), if life-cycle cost-
effective. (42 U.S.C. 6834(a)(3)(A)(i)(I))
    Under section 305 of ECPA, not later than one year after the date 
of approval of each subsequent revision of the ASHRAE Standard or the 
International Energy Conservation Code (IECC), DOE must determine 
whether to amend the baseline Federal building standards with the 
revised voluntary standard based on the cost-effectiveness of the 
revised voluntary standard. (42 U.S.C. 6834(a)(3)(B)) It is this 
requirement that this rulemaking addresses. ASHRAE has updated Standard 
90.1 from the version currently referenced in DOE's regulations at 10 
CFR part 433. In this rule, DOE revises the latest baseline Federal 
building standard for 10 CFR part 433 from ASHRAE Standard 90.1-2010 to 
ASHRAE Standard 90.1-2013.
    Section 306(a) of ECPA provides that each Federal agency and the 
Architect of the Capitol must adopt procedures to ensure that new 
Federal buildings will meet or exceed the Federal building energy 
efficiency standards established under section 305. (42 U.S.C. 6835(a)) 
ECPA Section 306(b) bars the head of a Federal agency from expending 
Federal funds for the construction of a new Federal building unless the 
building meets or exceeds the applicable baseline Federal building 
energy standards established under section 305. (42 U.S.C. 6835(b)) 
Specifically, all new Federal buildings must be designed to achieve the 
baseline standards in ASHRAE Standard 90.1 (and the International 
Energy Conservation Code for low-rise residential buildings) and 
achieve energy consumption levels at least 30 percent below these 
minimum baseline standards, where life-cycle cost-effective. (42 U.S.C. 
6834 (a)(3)(A)). This requirement does not extend to renovations or 
modifications to existing buildings.

III. Discussion of the Final Rule

    DOE is issuing this action as a final rule. As indicated above, DOE 
must determine whether the energy efficiency standards for new Federal 
buildings should be updated to reflect revisions to ASHRAE Standard 
90.1 based on the cost-effectiveness of the revisions. (42 U.S.C. 
6834(a)(3)(B)) In this final rule, DOE determines that the energy 
efficiency standards for new Federal buildings should be updated to 
reflect the 2013 revisions to ASHRAE Standard 90.1 based on the cost-
effectiveness of the revisions.
    DOE reviewed ASHRAE Standard 90.1 for DOE's state building codes 
program and determined that the 2013 version of ASHRAE Standard 90.1 
would achieve greater energy efficiency than the prior version. (See 79 
FR 57900 (Sept. 26, 2014)) This determination was subject to notice and 
comment. See 79 FR 27778 (May 15, 2014). In that determination, DOE 
found that the 2013 version of Standard 90.1 would save 8.5% more 
source energy than the 2010 version of Standard 90.1.
    In DOE's determination for the state building codes program, and 
again in this rule, DOE states that the cost-effectiveness of revisions 
to the voluntary codes is considered through DOE's statutorily directed 
involvement in the codes process. See 79 FR 57900. Section 307 of ECPA 
requires DOE to participate in the ASHRAE code development process and 
to assist in determining the cost-effectiveness of the voluntary 
standards. (42 U.S.C. 6836) DOE is required to periodically review the 
economic basis of the voluntary building energy codes and participate 
in the industry process for review and modification, including seeking 
adoption of all technologically feasible and economically justified 
energy efficiency measures. (42 U.S.C. 6836(b))
    In addition to DOE's consideration of the cost-effectiveness of 
ASHRAE 90.1-2013 through its participation in the codes development 
process, DOE conducted an independent analysis of the cost-
effectiveness of ASHRAE Standard 90.1-2013. The results of the analysis 
are discussed below in section A. Review Under Executive Order 12866, 
``Regulatory Planning and Review''.\2\ DOE's assumptions and 
methodology for the cost-effectiveness of this rule are based on DOE's 
cost-effectiveness analysis of ASHRAE Standard 90.1-2013, as well as 
DOE's Environmental Assessment (EA) for this rulemaking.\3\
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    \2\ National Cost-Effectiveness of ANSI/ASHRAE/IES Standard 
90.1-2013, Hart, R. et. al. PNNL-23834, Pacific Northwest National 
Laboratory, January 2015. http://www.energycodes.gov/sites/default/files/documents/Cost-effectiveness_of_ASHRAE_Standard_90-1-2013-Report.pdf.
    \3\ The Environmental Assessment (EA) (DOE/EA-2001) is entitled, 
``Environmental Assessment for Final Rule, 10 CFR part 433, `Energy 
Efficiency Standards for New Federal Commercial and Multi-Family 
High-Rise Residential Buildings,' Baseline Standards Update''. The 
EA and FONSI may be found in the docket for this rulemaking and at 
http://energy.gov/node/984581.
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    In this rule, DOE updates the energy efficiency standards 
applicable to new Federal buildings based on the determinations made by 
DOE as to the energy efficiency improvements of ASHRAE Standard 90.1-
2013, as compared to the predecessor version, and based on the 
considerations of cost-effectiveness incorporated into the codes 
processes, DOE's involvement in those processes, and DOE's own cost-
effectiveness analysis.\4\ This final rule amends 10 CFR part 433 to 
update the referenced baseline Federal energy efficiency performance 
standards. No other changes are proposed to 10 CFR part 433 by this 
rule.
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    \4\ Determination Regarding Energy Efficiency Improvements in 
ANSI/ASHRAE/IES Standard 90.1-2013: Energy Standard for Buildings, 
Except Low-Rise Residential Buildings; Notice of Determination 
September 26, 2014. http://www.regulations.gov/#!documentDetail;D=EERE-2014-BT-DET-0009-0006.
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    DOE also notes that there are a number of statutory provisions, 
regulations, Executive Orders, and memoranda of understanding that 
govern energy consumption in new Federal buildings. These include, but 
are not limited to, the Executive Order 13693 (80 FR 15871 (March 25, 
2015)); sections 323, 433, 434, and 523 of EISA 2007; section 109 of 
the Energy Policy Act of 2005 (Pub. L. 109-58); and 10 CFR parts 433 
and 435. This rule supports and does not supplant these other 
applicable legal requirements for new Federal buildings. For example, 
by designing buildings to meet the ASHRAE 90.1-2013 baseline, Federal 
agencies also help achieve the energy intensity reductions mandated 
under section 431 of EISA 2007.
    Of particular significance is the Administration's Climate Action 
Plan, (CAP), issued June 2013, in which the President affirmed that the 
Federal government must position itself as a leader in clean energy and 
energy efficiency, and pledged that Federal agencies must surpass 
previous greenhouse gas reduction achievements, through a combination 
of consuming 20 percent of Federal electricity from renewable sources 
by 2020, and by pursuing greater energy efficiency in

[[Page 68751]]

Federal buildings.\5\ Additionally, the President directed that 
efficiency standards for appliances and federal buildings set in the 
first and second terms combined would reduce carbon pollution by at 
least 3 billion metric tons cumulatively by 2030--equivalent to nearly 
one-half of the carbon pollution from the entire U.S. energy sector for 
one year. Today's rule, which DOE estimates will avoid cumulative 
emissions of 6,234,000 metric tons of carbon dioxide through 2030, 
directly supports the Administration's undertaking to make energy 
efficiency in Federal buildings an essential stratagem in the 
government's enduring achievement of the greenhouse gas reduction goals 
set out in the CAP.
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    \5\ The President's Climate Action Plan, Office of the Executive 
Office of the President, https://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf, June 2013.
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    DOE further notes, on the subject of process loads, that the scope 
of building loads covered by ASHRAE Standard 90.1 broadened in ASHRAE 
Standard 90.1-2010 and again in ASHRAE Standard 90.1-2013 to cover 
``new equipment or building systems specifically identified in the 
standard as part of an industrial or manufacturing process.'' \6\ For 
example, Standard 90.1-2013 now includes escalator and moving walkway 
control requirements. Such requirements were not included in efficiency 
calculations under prior versions of ASHRAE Standard 90.1. Process 
loads are defined in 10 CFR 433.2 as ``the load on a building resulting 
from energy consumed in support of a manufacturing, industrial, or 
commercial process. Process loads do not include energy consumed 
maintaining comfort and amenities for the occupants of the building 
(including space conditioning for human comfort).'' Receptacle loads, 
also known as ``plug loads'' are defined in 10 CFR 433.2 as ``the load 
on a building resulting from energy consumed by any equipment plugged 
into electrical outlets.'' As in prior versions of the energy 
efficiency performance standards for new Federal commercial and multi-
family high-rise residential buildings, DOE is maintaining the 
exclusion of process loads (for example, medical or industrial 
equipment) from the energy savings metric. Process loads typically 
involve specialized equipment for which improvements in energy 
efficiency may affect the functionality of the equipment or where 
improvements are not available at all. Some Federal buildings use most 
of their energy serving process loads, and application of the energy 
savings requirement to these buildings would likely place an undue 
burden on the rest of the building if the 30 percent savings is to be 
achieved.
---------------------------------------------------------------------------

    \6\ See section 2 in ASHRAE Standard 90.1-2013, ``Energy 
Standard for Buildings Except Low-Rise Residential Buildings, (I-P 
Edition)'' and section 2 in ``ASHRAE Standard 90.1-2010 ``Energy 
Standard for Buildings Except Low-Rise Residential Buildings, (I-P 
Edition)'' at: http://www.ashrae.org.
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    In addition, DOE is also maintaining its exclusion of receptacle 
loads for the purpose of calculating energy savings under the Federal 
building standards because they are difficult to anticipate at the 
design stage and would change over time. (See 72 FR 72565, 72567-72568 
(Dec. 21, 2007))
    This rule clarifies that Federal agencies should continue to 
consider the building envelope and energy consuming systems normally 
specified as part of the building design covered by ASHRAE Standard 
90.1 when determining if a design meets ASHRAE Standard 90.1 and 
whether achieving energy consumption levels at least 30% below the 
relevant ASHRAE baseline building is life-cycle cost-effective. 
Receptacle and process loads not explicitly covered in Standard 90.1, 
such as specialized medical or research equipment and equipment used in 
manufacturing processes, may be excluded from the calculations as noted 
in the rule.

IV. Compliance Date

    This final rule applies to new Federal commercial and multi-family 
high-rise residential buildings for which design for construction 
begins on or after one year from the publication date of this 
rulemaking in the Federal Register. (42 U.S.C. 6834(a)(1)) Such 
buildings must be designed to exceed the energy efficiency level of the 
appropriate updated voluntary standard by 30 percent if life-cycle 
cost-effective. However, at a minimum, such buildings must achieve the 
energy efficiency equal to that of the appropriate updated voluntary 
standard. One year lead time before the design for construction begins 
is consistent with DOE's previous updates to the energy efficiency 
baselines and the original statutory mandate for Federal building 
standards. One year lead time before design for construction begins 
helps minimize compliance costs to agencies, which may have planned 
buildings in various stages of design, and allows for design changes to 
more fully consider life-cycle cost-effective measures (as opposed to 
having to revise designs in development, which may make incorporation 
of energy efficiency measure more difficult or expensive).

V. Reference Resources

    The Department originally prepared this list of resources to help 
Federal agencies achieve building energy efficiency levels of at least 
30 percent below ASHRAE Standard 90.1-2004. The Department has reviewed 
these resources and believes that they continue to be useful for 
helping agencies maximize their energy efficiency levels. The 
Department has updated this resource list as necessary. These resources 
come in many forms and in a variety of media. Resources are provided 
for all buildings, and also specifically for commercial and multi-
family high-rise residential buildings.

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

1. Energy Efficient Products--U.S. DOE Federal Energy Management 
Program and U.S. Environmental Protection Agency (EPA) ENERGY STAR 
Program

http://energy.gov/eere/femp/energy-and-water-efficient-products

    Federal agencies are required by the Energy Policy Act of 2005 
to specify Federal Energy Management Program (FEMP) designated or 
ENERGY STAR equipment, including building mechanical and lighting 
equipment and builder-supplied appliances, for purchase and 
installation in all new construction. This equipment is generally 
more efficient than the corresponding requirements of ASHRAE 
Standard 90.1-2013, and may be used to achieve part of the savings 
required of Federal building designs. (This rule does not 
specifically address the use of this equipment, but this Web site is 
listed for convenience because it is a very useful resource for 
achieving part of the energy savings required by the rule.)

2. Life-Cycle Cost Analysis--U.S. DOE Federal Energy Management 
Program

    The life-cycle cost analysis rules promulgated in 10 CFR part 
436 Subpart A Life-Cycle Cost Methodology and Procedures conform to 
requirements in the Federal Energy Management Improvement Act of 
1988 (Pub. L. 100-615) and subsequent energy conservation 
legislation, as well as Executive Order 13693, Planning for Federal 
Sustainability in the Next Decade. The life-cycle cost guidance and 
required discount rates and energy price projections are determined 
annually by FEMP and the Energy Information Administration, and are 
published in the Annual Supplement to The National Institute of 
Standards and Technology Handbook 135: ``Energy Price Indices and 
Discount Factors for Life-Cycle Cost Analysis'' http://www1.eere.energy.gov/femp/pdfs/ashb10.pdf.

3. ENERGY STAR Target Finder--U.S. Environmental Protection Agency 
and U.S. Department of Energy

http://www.energystar.gov/index.cfm?c=new_bldg_design.bus_target_finder

    ENERGY STAR is a Government-backed program helping businesses 
and individuals

[[Page 68752]]

protect the environment through superior energy efficiency. The 
benchmarking tool and other information at the ENERGY STAR Target 
Finder Web site can be useful in determining an annual energy target 
for building design and computer simulations, evaluating cost-
effectiveness of efficiency measures, and tracking a building's 
actual energy performance after construction.\7\
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    \7\ The use of EPA's Target Finder tool during the design 
process of applicable new Federal buildings helps ensure that 
buildings are on a pathway to meet the existing building Federal 
Sustainable Building Guiding Principle (Energy Efficiency: Option 
1), which is to receive an ENERGY STAR score of 75 or higher in 
EPA's Portfolio Manager.
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4. Building Energy Software Tools--U.S. DOE Building Technologies 
Program

http://apps1.eere.energy.gov/buildings/tools_directory/

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

5. ASHRAE Standard 90.1-2013--ASHRAE

http://www.techstreet.com/ashrae/products/1865966

    The baseline energy efficiency standard for commercial and 
multi-family high-rise buildings is ANSI/ASHRAE/IESNA Standard 90.1-
2013. This link also contains a link to a read-only version of 
Standard 90.1-2013 under the Preview button.

6. Whole Building Design Guide--National Institute of Building 
Sciences

http://www.wbdg.org/

    A portal providing one-stop access to up-to-date information on 
a wide range of building-related guidance, criteria and technology 
from a ``whole buildings'' perspective.

7. Labs for the 21st Century--U.S. EPA and U.S. DOE

http://energy.gov/eere/femp/laboratories-21st-century

    A Web site focused on improving the energy efficiency and 
environmental performance of laboratory space. This site includes 
training and educational resources and design tools focused on 
laboratories.

VI. Regulatory Analysis

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

    This final rule is a ``significant regulatory action'' under 
Executive Order 12866, ``Regulatory Planning and Review.'' 58 FR 51735 
(October 4, 1993). Accordingly, this action was subject to review by 
the Office of Information and Regulatory Affairs in the Office of 
Management and Budget (OMB). OMB has completed its review. As discussed 
previously in this rule, DOE is required to determine, based on the 
cost-effectiveness, whether the standards for Federal buildings should 
be updated to reflect an amendment to the ASHRAE standard. As stated 
above, DOE complied with the statutory language by analyzing the cost-
effectiveness of ASHRAE Standard 90.1-2013, and through DOE's 
involvement in the ASHRAE code development process, including the 
consideration of ASHRAE's cost-effectiveness criteria for Standard 
90.1-2013.\8\
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    \8\ See infra at 1.
---------------------------------------------------------------------------

    DOE has also reviewed this regulation pursuant to Executive Order 
13563, issued on January 18, 2011. 76 FR 3281 (January 21, 2011). EO 
13563 is supplemental to and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866.
    Review under Executive Order 12866 requires an analysis of the 
economic effect of the rule. For this purpose, DOE estimated 
incremental first cost (in this case, the difference between the cost 
of a building designed to meet ASHRAE Standard 90.1-2013 and a building 
designed to meet ASHRAE Standard 90.1-2010) for the Federal commercial 
and high-rise multi-family residential buildings sector, as well as 
life-cycle cost net savings. DOE determined that the total incremental 
first cost estimate is a savings of $1.2 million per year, with an 
average first cost decrease of $0.03 per square foot. DOE estimated 
$87.2 million in annual life-cycle cost (LCC) net savings for the 
entire Federal commercial and multi-family high-rise buildings sector 
with an average life-cycle cost net savings of $2.21 per square foot.
    DOE's assumptions and methodology for the cost-effectiveness of 
this rule are based on DOE's cost-effectiveness analysis of ASHRAE 
Standard 90.1-2013, as well as DOE's Environmental Assessment (EA) for 
this rulemaking.\9\ The EA identified a rate of new Federal commercial 
construction of 39.4 million square feet per year with a distribution 
of building types as shown in Table 1. As described in the EA, the 
distribution of building types is based on the 2007, 2008, 2009, 2010, 
and 2011 GSA Federal real property reports. Table 1 also shows the 
prototype buildings incorporated into computer simulations that are 
used to estimate energy use in each building type. DOE derived these 
prototype buildings from 16 building types in 17 climate zones \10\ 
using its Commercial Prototype Building models.\11\ Of the 16 prototype 
buildings, DOE developed costs for six prototype buildings to determine 
the cost effectiveness of ASHRAE Standard 90.1-2013. DOE then extracted 
the cost-effectiveness information for those prototype buildings and 
weighted those values as appropriate to obtain an average cost 
effectiveness value for building types found in the Federal commercial 
sector, as discussed in the EA.
---------------------------------------------------------------------------

    \9\ The Environmental Assessment (EA) (DOE/EA-2001) is entitled, 
``Environmental Assessment for Final Rule, 10 CFR part 433, `Energy 
Efficiency Standards for New Federal Commercial and Multi-Family 
High-Rise Residential Buildings,' Baseline Standards Update''. The 
EA and FONSI may be found in the docket for this rulemaking and at 
http://energy.gov/node/984581.
    \10\ Briggs, R.S., R.G. Lucas, and Z.T. Taylor. 2003. ``Climate 
classification for building energy codes and standards: Part 1--
Development Process.'' ASHRAE Transactions 109(1): 109:121. American 
Society of Heating, Refrigerating and Air-Conditioning Engineers. 
Atlanta, Georgia. The 90.1-2013 climate zone map may be viewed as 
Figure B.1 of the online version of Standard 90.1-2013 at https://ashrae.iwrapper.com/ViewOnline/Standard_90.1-2013_I-P.
    \11\ DOE's prototype buildings are described at http://www.energycodes.gov/development/commercial/90.1_models.

 Table 1--New Federal Commercial and High-Rise Multi-Family Construction
                         Volume by Building Type
------------------------------------------------------------------------
                                   Fraction of
                                     federal
         Building type            construction      Assumed prototypes
                                   volume  (by
                                   floor area)
------------------------------------------------------------------------
Office.........................           0.63   Small Office,* Medium
                                                  Office, Large Office.*
Education......................           0.083  Primary School,*
                                                  Secondary School.
Dorm/Barracks..................           0.09   Small Hotel,* Large
                                                  Hotel, Mid-Rise
                                                  Apartment,* High-Rise
                                                  Apartment.
Warehouse......................           0.15   Non-Refrigerated
                                                  Warehouse.
Hospital.......................           0.04   Outpatient Healthcare,
                                                  Hospital.
------------------------------------------------------------------------
* Indicates prototypes for which costs are available (See Table 2)

[[Page 68753]]

 
Notes:
1. Note that first cost data is not available for the prototypes assumed
  for warehouses and hospitals. As described below, DOE considered costs
  for the warehouse and hospital to be equivalent to the weighted cost
  for the offices, education, and dorm/barracks, which represents 81% of
  the Federal building stock.
2. DOE has preliminarily determined incremental cost and the life-cycle
  cost net savings information for the building types and climate zones
  analyzed. This information is shown in Tables 2 and 3.


                             Table 2--Incremental Construction First Cost (2013$) for ASHRAE 90.1-2013 vs. ASHRAE 90.1-2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        ASHRAE Climate zone
                 Prototype                              Value            -------------------------------------------------------------------------------
                                                                                2A              3A              3B              4A              5A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Office..............................  First Cost..................        ($2,601)          ($906)        ($1,358)         $12,472          $9,072
                                            $/ft2.......................         ($0.47)         ($0.16)         ($0.25)           $2.27           $1.65
Large Office..............................  First Cost..................        $352,647    ($1,065,759)    ($1,476,190)         $98,124    ($1,014,770)
                                            $/ft2.......................           $0.71         ($2.14)         ($2.96)           $0.20         ($2.04)
Primary School............................  First Cost..................         $88,857        $119,646          $9,620        $167,916        $179,872
                                            $/ft2.......................           $1.20           $1.62           $0.13           $2.27           $2.43
Small Hotel...............................  First Cost..................         $20,483         $18,527         $18,675         $32,441         $39,120
                                            $/ft2.......................           $0.47           $0.43           $0.43           $0.75           $0.91
Mid-rise Apartment........................  First Cost..................          $5,711         $23,214         $23,358         $12,891         $19,577
                                            $/ft2.......................           $0.17           $0.69           $0.69           $0.38           $0.58
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Notes: Negative costs (shown in parentheses) indicate a reduction in cost due to changes in the code, usually due to reduced HVAC capacity.\12\

    DOE used data from Table 1 and Table 2 to calculate preliminary 
values for overall incremental first cost of construction for Federal 
commercial and high-rise, multi-family residential buildings. DOE 
calculated the incremental first cost of the Federal building types 
based on the DOE prototypes shown in bold font in Table 1. DOE then 
calculated the weighted average incremental cost for Federal building 
types based on the office, education, and dorm/barracks building types 
which represent an estimated 81% of new Federal construction. This 
weighted incremental cost was assigned to the warehouse and hospital 
building types and a total weighted incremental cost was calculated by 
multiplying the incremental cost for each Federal building type by the 
fraction of Federal construction shown in Table 1. For warehouses and 
hospitals DOE considered costs to be equivalent to the weighted cost 
for offices, education, and dorm/barracks.\13\
---------------------------------------------------------------------------

    \12\ In this particular transition from 90.1-2010 to 90.1-2013, 
the cost reduction was mainly because of smaller and less expensive 
HVAC equipment since the building load had decreased. This cost 
reduction is part of the first cost calculation. Note that in 
addition to reduced equipment costs, there is reduced ductwork or 
piping costs as well.
    \13\ There are no data for those years for warehouses or 
hospitals. It could be expected that costs to a warehouse would be 
less since it is a simpler building. We assumed both the warehouse 
and the hospital were the ``average'' of the data we did have. And 
so, the warehouse value is likely higher than it might have been and 
the hospital value is likely lower than it might have been had there 
been data available.
---------------------------------------------------------------------------

    The national total incremental first cost for building types was 
developed by multiplying the average (across climate zones) incremental 
first cost of the prototypes (determined from the DOE ASHRAE Standard 
90.1 cost-effectiveness analysis) by the fraction of the Federal sector 
construction volume shown in Table 1.\14\ The resulting building type 
incremental first costs were then summed together to determine an 
overall incremental first cost for the entire Federal commercial and 
high-rise multi-family residential buildings sector. DOE estimates that 
total first cost outlays for new Federal buildings will be less under 
ASHRAE Standard 90.1 2013 than ASHRAE 90.1 2010, primarily due to 
cheaper equipment costs for some building types (See Table 2 and 
footnote 13 above). The resulting total incremental first cost estimate 
is a savings of $1.2 million per year. The average first cost decrease 
is $0.03 per square foot.
---------------------------------------------------------------------------

    \14\ For the Federal office building, the small and large office 
prototype first costs were averaged. For the Federal education 
building, the primary school prototype first cost was used. For the 
Federal dorm/barracks building type, the small hotel and mid-rise 
apartment prototype first costs were averaged.
---------------------------------------------------------------------------

    DOE also examined the relative impact of today's rule on the first 
cost of new constructed Federal buildings. Estimated construction costs 
for new Federal commercial and high-rise multifamily buildings were 
obtained from RS Means (2014) \15\ for the 5 buildings types analyzed 
in DOE's cost-effectiveness methodology plus two additional building 
types that are reasonably common in the Federal sector--hospitals and 
warehouses. Weights for the Federal building types and relationships 
between Federal building types and the DOE prototypes used in the cost-
effectiveness analysis are shown in Table 1. The results of this 
analysis are shown in Table 3. For the assumptions used in this 
rulemaking, the average cost of a new Federal building would be $135 
per square foot. This cost may be multiplied by the 39.4 million square 
feet of new Federal construction per year used in this rulemaking to 
estimate the total cost of new Federal commercial and high-rise multi-
family construction at $5.325 billion. Savings associated with this 
rulemaking are estimated at $1.2 million per year, indicating a 
potential cost reduction in new Federal construction costs of 0.023%.
---------------------------------------------------------------------------

    \15\ RS Means. 2014. RS Means Building Construction Cost Data, 
72nd Ed. Construction Publishers & Consultants. Norwell, MA.

                         Table 3--First Cost of Typical New Federal Building in $/ft\2\
----------------------------------------------------------------------------------------------------------------
                                        Building first   Corresponds to Federal       Federal     Weighted  cost
            BECP Prototype               cost $/ft\2\         building type        weighting (%)        ($)
----------------------------------------------------------------------------------------------------------------
Small Office..........................             132  Small Office............              32              42
Large Office..........................             166  Large Office............              32              52

[[Page 68754]]

 
Primary School........................             138  Education...............               8              11
Small Hotel...........................             111  Barracks/Dormitory......               5               5
Mid-Rise Apartment....................             117  Barracks/Dormitory......               5               5
Hospital..............................             253  Hospital................               4              10
Warehouse.............................              63  Warehouse...............              15               9
                                       -------------------------------------------------------------------------
    Total.............................  ..............  ........................              99             135
----------------------------------------------------------------------------------------------------------------

    Turning to LCC net savings, DOE estimated the LCC net savings to be 
$87.2 million for 39.4 million square feet of annual construction, with 
the average life-cycle cost net savings in year one estimated at $2.21 
per square foot. Table 4 shows annual LCC net savings by prototype 
buildings. For LCC net savings, DOE used a similar approach to that 
used for incremental first cost. That is, DOE developed the national 
total annual LCC net savings \16\ for building types by multiplying the 
average (across climate zones) LCC net savings (determined from the DOE 
ASHRAE 90.1 cost-effectiveness analysis) by the fraction of the federal 
sector construction volume shown in Table 1.\17\ The results of the 
building type LCC net savings were then summed together to determine 
the overall annual LCC net savings for the entire Federal commercial 
and high-rise multi-family buildings sector. The resulting total LCC 
net savings for 39.4 million square feet of annual construction was 
estimated to be $87.2 million. The average life-cycle cost net savings 
in year one was estimated to be $2.21 per square foot. Note the annual 
LCC savings are for one year of Federal commercial and high-rise multi-
family residential construction and that those savings would accumulate 
over the LCC evaluation period. For the purpose of this analysis, DOE 
relied on a 30-year period.\18\
---------------------------------------------------------------------------

    \16\ The energy costs used were the national average energy 
costs used by ASHRAE in the development of Standard 90.1-2013. To 
quote the cost-effectiveness analysis report ``Energy rates used to 
calculate the energy costs from the modeled energy usage were 
$0.990/therm for fossil fuel and $0.1032/kWh for electricity. These 
rates were used for the 90.1-2013 energy analysis, and derived from 
the US DOE Energy Information Administration data. These were the 
values approved by 90.1-2013''.
    \17\ For the Federal office building, the small and large office 
prototype life cycle costs were averaged. For the Federal education 
building, the primary school prototype life cycle cost was used. For 
the Federal dorm/barracks building type, the small hotel and mid-
rise apartment prototype life cycle costs were averaged.
    \18\ Rushing, A, J Kneifel, and B Lippiatt. 2013. Energy Price 
Indices and Discount Factors for Life-Cycle Cost Analysis-2013: 
Annual Supplement to NIST Handbook 135 and NBS Special Publication 
709.

                           Table 4--Annual Life-Cycle Cost (LCC) Net Savings (2013$) for ASHRAE 90.1-2013 vs. ASHRAE 90.1-2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Prototype                                                               ASHRAE Climate zone
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Value                  2A                 3A                 3B                 4A                 5A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Office......................  Total................         $21,600.00         $15,200.00         $10,800.00          $2,900.00          $5,000.00
                                    $/ft\2\..............               3.93               2.76               1.96               0.51               0.91
Large Office......................  Total................         740,000.00       1,650,000.00       2,540,000.00         310,000.00       1,340,000.00
                                    $/ft\2\..............               1.48               3.31               5.09               0.60               2.69
Primary School....................  Total................         246,000.00         116,000.00         398,000.00          70,000.00         109,000.00
                                    $/ft\2\..............               3.33               1.57               5.38               0.95               1.47
Small Hotel.......................  Total................          96,410.00          76,000.00          78,000.00          62,600.00          68,000.00
                                    $/ft\2\..............               2.23               1.76               1.81               1.45               1.57
Mid-rise Apartment................  Total................          59,600.00          22,600.00          23,800.00          29,200.00          28,500.00
                                    $/ft\2\..............               1.77               0.67               0.71               0.87               0.84
--------------------------------------------------------------------------------------------------------------------------------------------------------

B. Administrative Procedure Act

    DOE notes that the determination regarding ASHRAE Standard 90.1-
2013 in the context of State building codes was subject to notice and 
comment in evaluating the voluntary consensus codes. See 76 FR 43298 
(July 20, 2011) for the preliminary determination and 76 FR 64904 
(October 19, 2011) for the final determination. The determinations made 
in the context of the State codes are equally applicable in the context 
of Federal buildings. DOE finds that providing notice and comment on 
the determinations again in the context of Federal buildings would be 
unnecessary. The fact that the voluntary consensus codes apply to 
Federal buildings as opposed to the general building stock does not 
require a different evaluation of energy efficiency and cost-
effectiveness. Additionally, DOE notes that this rule, which updates 
energy efficiency performance standards for the design and construction 
of new Federal buildings, is a rule relating to public property, and 
therefore is not subject to the rulemaking requirements of the 
Administrative Procedure Act, including the requirement to publish a 
notice of proposed rulemaking. (See 5 U.S.C. 553(a)(2))

C. Review Under the Regulatory Flexibility Act

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

[[Page 68755]]

2003, to ensure that the potential impacts of its rules on small 
entities are properly considered during the rulemaking process, 68 FR 
7990. The Department has made its procedures and policies available on 
the Office of General Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    DOE has determined that a notice of proposed rulemaking is not 
required by 5 U.S.C. 553 or any other law for issuance of this rule. As 
such, the analytical requirements of the Regulatory Flexibility Act do 
not apply.

D. Review Under the Paperwork Reduction Act of 1995

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

E. Review Under the National Environmental Policy Act of 1969

    The Department prepared an Environmental Assessment (EA) (DOE/EA-
2001) entitled, ``Environmental Assessment for Final Rule, 10 CFR part 
433, `Energy Efficiency Standards for New Federal Commercial and Multi-
Family High-Rise Residential Buildings,' Baseline Standards Update,'' 
\19\ pursuant to the Council on Environmental Quality's (CEQ) 
Regulations for Implementing the Procedural Provisions of the National 
Environmental Policy Act (40 CFR parts 1500-1508), the National 
Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et 
seq.), and DOE's NEPA Implementing Procedures (10 CFR part 1021).
---------------------------------------------------------------------------

    \19\ The EA and FONSI may be found in the docket for this 
rulemaking and at http://energy.gov/node/984581.
---------------------------------------------------------------------------

    The EA addresses the possible incremental environmental effects 
attributable to the application of the final rule. The only anticipated 
impact would be a decrease in outdoor air pollutants resulting from 
decreased fossil fuel burning for energy use in Federal buildings. 
Therefore, DOE has issued a Finding of No Significant Impact (FONSI), 
pursuant to NEPA, the regulations of the Council on Environmental 
Quality (40 CFR parts 1500-1508), and DOE's regulations for compliance 
with NEPA (10 CFR part 1021).
    To identify the potential environmental impacts that may result 
from implementing the final rule on new Federal commercial buildings, 
DOE compared the requirements of the final rule updating energy 
efficiency performance standard for Federal new commercial and multi-
family high rise residential buildings to ASHRAE Standard 90.1-2013 
with the ``no-action alternative'' of using the current Federal 
standards (ASHRAE Standard 90.1-2010). This comparison is identical to 
that undertaken by DOE in its determinations of energy savings of those 
standards and codes.
    Accordingly, DOE concludes in the EA that new Federal buildings 
designed and constructed to Standard 90.1-2013 will use less energy 
than new Federal buildings designed and constructed to Standard 90.1-
2010 because Standard 90.1-2013 is more efficient than Standard 90.1-
2010. This decrease in energy usage translates to reduced emissions of 
carbon dioxide (CO2), nitrogen oxides (NOX), and 
mercury (Hg) over the thirty-year period examined in the EA. Cumulative 
emission reductions for 30 years of construction (2015 through 2044) 
and 30 years of energy reduction for each building built during that 
period can be estimated at up to 24,156,900 metric tons of 
CO2, up to 24,564 metric tons of NOX, and up to 
0.3357 metric tons of Hg. DOE conducted a separate calculation to 
determine emissions reductions relative to the targets identified in 
the CAP. This calculation showed that the cumulative reduction in 
CO2 emissions through 2030 amounts to 6,234,000 metric tons 
of CO2.\20\
---------------------------------------------------------------------------

    \20\ See discussion of CAP calculations in footnote 12 on page 
23 of the EA for this rule. The EA and FONSI may be found in the 
docket for this rulemaking and at http://energy.gov/node/984581.
---------------------------------------------------------------------------

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

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

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

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

H. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and tribal governments and the 
private sector. For a proposed regulatory action likely to result in a 
rule that may cause the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector of $100 million 
or more in any one year (adjusted annually for inflation), section 202 
of UMRA requires a Federal agency to publish a written

[[Page 68756]]

statement that estimates the resulting costs, benefits, and other 
effects on the national economy. (2 U.S.C. 1532(a) and (b)) The UMRA 
also requires a Federal agency to develop an effective process to 
permit timely input by elected officers of State, local, and tribal 
governments on a proposed ``significant intergovernmental mandate'' and 
requires an agency plan for giving notice and opportunity for timely 
input to potentially affected small governments before establishing any 
requirements that might significantly or uniquely affect small 
governments. On March 18, 1997, DOE published a statement of policy on 
its process for intergovernmental consultation under UMRA (62 FR 12820) 
(also available at http://energy.gov/gc/office-general-counsel). This 
final rule contains neither an intergovernmental mandate nor a mandate 
that may result in the expenditure of $100 million or more in any year 
by State, local, and tribal governments, in the aggregate, or by the 
private sector, so these requirements under the Unfunded Mandates 
Reform Act do not apply.

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

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

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

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

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

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

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

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to the 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
significant energy action. A ``significant energy action'' is defined 
as any action by an agency that promulgated or is expected to lead to 
promulgation of a final rule, and that: (1) Is a significant regulatory 
action under Executive Order 12866, or any successor order; and (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use. 
DOE's Energy Information Administration (EIA) estimates that new 
construction in the commercial sector will range from 1.7 billion 
square feet per year in 2015 to 2.4 billion square feet per year in 
2040.\21\ This rule is expected to incrementally reduce the energy 
usage of approximately 39.4 million square feet of Federal commercial 
and high-rise multi-family residential construction annually.\22\ Thus, 
the rule represents approximately 2.3% of the expected annual US 
construction in 2015, falling to approximately 1.6% in the year 2040. 
This final rule would not have a significant adverse effect on the 
supply, distribution, or use of energy and, therefore, is not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.
---------------------------------------------------------------------------

    \21\ See Table A5 of the 2015 Annual Energy Outlook (beta) at 
http://www.eia.gov/beta/aeo/#/?id=5-AEO2015 or Table A5 of the 2014 
Annual Energy Outlook at http://www.eia.gov/oiaf/aeo/tablebrowser/#release=AEO2014&subject=0-AEO2014&table=5-AEO2014&region=0-0&cases=full2013full-d102312a,ref2014-d102413a.
    \22\ See Regulatory Analysis Section A. Review Under Executive 
Order 12866, ``Regulatory Planning and Review'' above for origin of 
the 39.4 million square foot estimate.
---------------------------------------------------------------------------

M. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91), DOE must comply with section 32 of the Federal Energy 
Administration Act of 1974 (Pub. L. 93-275), as amended by the Federal 
Energy Administration Authorization Act of 1977 (Pub. L. 95-70). (15 
U.S.C. 788) Section 32 provides that where a proposed rule authorizes 
or requires use of commercial standards, the NOPR must inform the 
public of the use and background of such standards. In addition, 
section 32(c) requires DOE to consult with the Department of Justice 
(DOJ) and the Federal Trade Commission (FTC) concerning the impact of 
the commercial or industry standards on competition.
    Although section 32 specifically refers to the proposed rule stage, 
DOE is meeting these requirements at the final rule stage because there 
was no proposed rule for this action. This final rule incorporates 
testing methods contained in the following commercial standard: ANSI/
ASHRAE/IES Standard 90.1-2013, Energy Standard for Buildings Except 
Low-Rise Residential Buildings, 2013, American Society of Heating 
Refrigerating and Air-Conditioning Engineers, Inc., ISSN 1041-2336.
    DOE has evaluated these standards and notes that the ASHRAE 90.1 
Standard is developed under American National Standards Institute 
(ANSI)-approved consensus procedures, and is under continuous 
maintenance by a Standing Standard Project Committee. ASHRAE has 
established a program for regular publication of addenda, or revisions, 
including procedures for timely, documented, consensus action on 
requested changes to the ASHRAE 90.1 Standard. ANSI approved the final 
addendum for inclusion in the 2013 edition in September 2013. Standard 
90.1-2013 was published in October 2013. However, DOE is unable to 
conclude whether ASHRAE Standard 90.1 fully complies with the 
requirements of section 32(b) of the FEAA (i.e. whether they were 
developed in a manner that fully provides for public participation, 
comment, and review). DOE has consulted with both the Attorney General 
and the Chairman

[[Page 68757]]

of the FTC about the impact on competition of using the methods 
contained in these standards and has received no comments objecting to 
their use.

N. Description of Materials Incorporated by Reference

    In this rule, DOE incorporates by reference ANSI/ASHRAE/IES 
Standard 90.1-2013, Energy Standard for Buildings Except Low-Rise 
Residential Buildings, (I-P Edition), Copyright 2013. This U.S. 
standard provides minimum requirements for energy efficient designs for 
buildings except for low-rise residential buildings. Copies of this 
standard are available from the American Society of Heating 
Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle 
NE., Atlanta, GA 30329, (404) 636-8400, http://www.ashrae.org.

VII. Congressional Notification

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

VIII. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 433

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

    Issued in Washington, DC, on October 23, 2015.
David Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons set forth in the preamble, the Department of Energy 
amends chapter II of title 10 of the Code of Federal Regulations as set 
forth below:

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

0
1. The authority citation for part 433 continues to read as follows:

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


0
2. Amend Sec.  433.2 by adding in alphabetical order the definition of 
``ASHRAE Baseline Building 2013'' to read as follows:


Sec.  433.2  Definitions.

* * * * *
    ASHRAE Baseline Building 2013 means a building that is otherwise 
identical to the proposed building but is designed to meet, but not 
exceed, the energy efficiency specifications in ANSI/ASHRAE/IES 
Standard 90.1-2013, Energy Standard for Buildings Except Low-Rise 
Residential Buildings, 2013 (incorporated by reference, see Sec.  
433.3).
* * * * *

0
3. Amend Sec.  433.3 by adding paragraph (b)(4) to read as follows:


Sec.  433.3  Materials incorporated by reference.

* * * * *
    (b) * * *
    (4) ANSI/ASHRAE/IES 90.1-2013, (``ASHRAE 90.1-2013''), Energy 
Standard for Buildings Except Low-Rise Residential Buildings, I-P 
Edition, Copyright 2013, IBR approved for Sec. Sec.  433.2, 433.100, 
and 433.101.

0
4. Amend Sec.  433.100 by:
0
a. Revising the introductory text of paragraphs (a)(2) and (3);
0
b. Adding paragraph (a)(4); and
0
c. Revising paragraph (b).
    The revisions and addition read as follows:


Sec.  433.100  Energy efficiency performance standard.

    (a) * * *
    (2) All Federal agencies shall design new Federal buildings that 
are commercial and multi-family high-rise residential buildings, for 
which design for construction began on or after August 10, 2012, but 
before July 9, 2014, to:
* * * * *
    (3) All Federal agencies shall design new Federal buildings that 
are commercial and multi-family high-rise residential buildings, for 
which design for construction began on or after July 9, 2014, but 
before November 6, 2016 to:
* * * * *
    (4) All Federal agencies shall design new Federal buildings that 
are commercial and multi-family high-rise residential buildings, for 
which design for construction began on or after November 6, 2016 to:
    (i) Meet ASHRAE 90.1-2013, (incorporated by reference, see Sec.  
433.3); and
    (ii) If life-cycle cost-effective, achieve energy consumption 
levels, calculated consistent with paragraph (b) of this section, that 
are at least 30 percent below the levels of the ASHRAE Baseline 
Building 2013.
    (b) Energy consumption for the purposes of calculating the 30 
percent savings requirements shall include the building envelope and 
energy consuming systems normally specified as part of the building 
design by ASHRAE 90.1 such as space heating, space cooling, 
ventilation, service water heating, and lighting, but shall not include 
receptacle and process loads not within the scope of ASHRAE 90.1 such 
as specialized medical or research equipment and equipment used in 
manufacturing processes.
* * * * *
0
5. Amend Sec.  433.101 by:
0
a. Revising the introductory text of paragraphs (a)(2) and (a)(3);
0
b. Adding paragraph (a)(4); and
0
c. Revising paragraph (b).
    The revisions and addition read as follows:


Sec.  433.101  Performance level determination.

    (a) * * *
    (2) For Federal buildings for which design for construction began 
on or after August 10, 2012, but before July 9, 2014, each Federal 
agency shall determine energy consumption levels for both the ASHRAE 
Baseline Building 2007 and proposed building by using the Performance 
Rating Method found in Appendix G of ASHRAE 90.1-2007 (incorporated by 
reference, see Sec.  433.3), except the formula for calculating the 
Performance Rating in paragraph G1.2 shall read as follows:
* * * * *
    (3) For Federal buildings for which design for construction began 
on or after July 9, 2014, but before November 6, 2016 each Federal 
agency shall determine energy consumption levels for both the ASHRAE 
Baseline Building 2010 and proposed building by using the Performance 
Rating Method found in Appendix G of ASHRAE 90.1-2010 (incorporated by 
reference, see Sec.  433.3), except the formula for calculating the 
Performance Rating in paragraph G1.2 shall read as follows:
* * * * *
    (4) For Federal buildings for which design for construction began 
on or after before November 6, 2016 each Federal agency shall determine 
energy consumption levels for both the ASHRAE Baseline Building 2013 
and proposed building by using the Performance Rating Method found in 
Appendix G of ASHRAE 90.1-2013 (incorporated by reference, see Sec.  
433.3), except the formula for calculating the Performance Rating in 
paragraph G1.2 shall read as follows:
    (i) Percentage improvement = 100 x ((Baseline building consumption 
- Receptacle and process

[[Page 68758]]

loads)- (Proposed building consumption - Receptacle and process 
loads))/(Baseline building consumption - Receptacle and process loads) 
(which simplifies as follows):
    (ii) Percentage improvement = 100 x (Baseline building consumption 
- Proposed building consumption)/(Baseline building consumption - 
Receptacle and process loads).
    (b) Energy consumption for the purposes of calculating the 30 
percent savings requirements in Sec.  433.100 shall include the 
building envelope and energy consuming systems normally specified as 
part of the building design by ASHRAE 90.1 such as space heating, space 
cooling, ventilation, service water heating, and lighting, but shall 
not include receptacle and process loads not within the scope of ASHRAE 
90.1 such as specialized medical or research equipment and equipment 
used in manufacturing processes.

[FR Doc. 2015-28078 Filed 11-5-15; 8:45 am]
 BILLING CODE 6450-01-P