Unknown. Final rule

8,684 words·~39 min read·/register/2011/08/10/2011-20024

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-08-10.xml --- 76 154 Wednesday, August 10, 2011 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Increased Assessment Rates: Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas, 49381-49383 2011-20120 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Natural Resources Conservation Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49487-49491 2011-20343 2011-20346 Centers Medicare Centers for Medicare and Medicaid Services NOTICES Medicare Program: Treatment of Certain Complex Diagnostic Laboratory Tests Demonstration; Extension of Deadline, 49491 2011-20304 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Understanding Urban Indian's Interactions with ACF Programs and Services, 49491-49492 2011-20069 Civil Rights Civil Rights Commission NOTICES Meetings:

Minnesota Advisory Committee, 49434 2011-20248 Wisconsin Advisory Committee, 49434 2011-20249 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Pequonnock River, Bridgeport, CT, Maintenance, 49300-49301 2011-20247 Regulated Navigation Areas: Columbus Day Weekend, Biscayne Bay, Miami, FL, 49301-49303 2011-20246 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49434-49436 2011-20277 2011-20289 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Billfish Tagging Report, 49437 2011-20286 Southeast Region Permit Family of Forms, 49436 2011-20288 Commodity Futures Commodity Futures Trading Commission RULES Agricultural Swaps, 49291-49300 2011-20337 Consumer Product Consumer Product Safety Commission RULES Third Party Testing for Certain Children's Products, 49286-49291 2011-19678 NOTICES Settlement Agreements and Orders:

CVS Pharmacy, Inc., 49453-49455 2011-20216 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Organization and Direction of Work; Federal Acquisition Regulation, 49483-49484 2011-20328 Privacy Act; Systems of Records, 49455-49458 2011-20237 2011-20256 TRICARE; Fiscal Year 2012 Continued Health Care Benefit Program Premium Update, 49458 2011-20236 TRICARE; Hospital Outpatient Radiology Discretionary Appeal Adjustments, 49458-49459 2011-20235 Disability Disability Employment Policy Office NOTICES Add Us In Initiative:

Correction, 49508 2011-20211 Drug Drug Enforcement Administration NOTICES Applications; Denials: Jose Gonzalo Zavaleta, M.D., 49506-49508 2011-20284 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49459-49460 2011-20280 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Efficiency Design Standards: New Federal Commercial and Multi-Family High-Rise Residential Buildings and New Federal Low-Rise Residential Buildings, 49279-49285 2011-20024 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49460 2011-20334 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Minnesota; Rules Update, 49303-49312 2011-20210 Approvals and Promulgations of Implementation Plans: North Carolina; Prevention of Significant Deterioration and Nonattainment New Source Review Rules, 49313-49318 2011-20167 Import Tolerances: Order Denying ABC's Petition to Revoke Import Tolerances for Various Pesticides, 49318-49324 2011-20200 National Oil and Hazardous Substances Pollution Contingency Plans;

National Priorities List: Deletion of International Smelting and Refining Superfund Site, 49324-49329 2011-20291 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Minnesota; Rules Update, 49391 2011-20208 Approvals, Disapprovals and Promulgations of Air Quality Implementation Plans: Colorado; Smoke, Opacity and Sulfur Dioxide Rule Revisions; Regulation 1, 49391-49396 2011-20282 National Oil and Hazardous Substances Pollution Contingency Plans; National Priorities List:

Deletion of International Smelting and Refining Superfund Site, 49397-49398 2011-20292 Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities, 49396-49397 2011-19907 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49469-49473 2011-20201 2011-20202 Cancellation of Pesticides for Non-Payment of Year 2011 Registration Maintenance Fees: Correction, 49473 2011-20285 Petition to Maximize Practical Utility of List 1 Chemicals Screened through Endocrine Disruptor Screening Program, 49473-49475 2011-20287 Executive Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Amendments of Class D Airspace:

Corpus Christi, TX; Correction, 49285-49286 2011-20303 PROPOSED RULES Amendments of Class D and E Airspace: North Philadelphia, PA, 49383-49384 2011-20305 Amendments of Class E Airspace: Nuiqsut, AK, 49386-49387 2011-20254 South Bend, IN, 49385-49386 2011-20307 Umiat, AK, 49387-49388 2011-20260 Establishments of Class E Airspace: Palmyra, PA, 49390-49391 2011-20302 Tatitlek, AK, 49388-49389 2011-20258 NOTICES Advisory Circulars; Availability: Approval of Propulsion Fuels and Lubricating Oils, 49525-49526 2011-20324 Federal Communications Federal Communications Commission RULES Assessments and Collections of Regulatory Fees, 49333-49364 2011-19836 Fixed and Mobile Services in the Mobile Satellite Service Bands at 1525-1559 MHz, etc.:

Petition for Reconsideration, 49364 2011-20313 Radio Broadcasting Services: Gearhart, Madras, and Manzanita, OR, 49364-49365 2011-20340 PROPOSED RULES Universal Service - Intercarrier Compensation Transformation, 49401-49408 2011-20322 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49475-49476 2011-20251 2011-20314 Federal Contract Federal Contract Compliance Programs Office PROPOSED RULES Non-Discrimination in Compensation; Compensation Data Collection Tool, 49398-49401 2011-20299 Federal Deposit Federal Deposit Insurance Corporation NOTICES Update Listing of Financial Institutions in Liquidation, 49477 2011-20227 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 49329-49333 2011-20279 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49460-49462 2011-20264 Applications for Transfers of Licenses and Soliciting Comments and Motions to Intervene: Newfound Hydroelectric Co.; KTZ Hydro, LLC, 49462 2011-20268 Applications Tendered for Filing and Establishing Procedural Schedules for Licensing and Deadlines for Submissions of Final Amendments: Red River Hydro LLC, 49462-49463 2011-20269 Authorizations for Continued Project Operations: Pacific Gas and Electric Co., 49463 2011-20267 Combined Filings, 49463-49468 2011-20262 2011-20270 2011-20293 Complaints:

Louisiana Public Service Commission v. Entergy Corp., Entergy Services, Inc., Entergy Louisiana, L.L.C., et al., 49468 2011-20263 Tesoro Refining and Marketing Co. v. SFPP, L.P., 49468-49469 2011-20266 Filings: Orlando Utilities Commission, 49469 2011-20265 Federal Financial Federal Financial Institutions Examination Council NOTICES Consideration of Extenuating Circumstances for Implementation of Modification of Annual National Registry Fee, 49477 2011-20300 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Cottonwood and Watonwan Counties, MN, 49527 2011-20347 Saint Louis County, MN, 49526 2011-20354 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Termination of Federal Home Loan Bank Resolution Funding Corporation Obligation, 49477-49478 2011-20311 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 49478 2011-20329 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings: Joint Motor Carrier Safety Advisory Committee and Medical Review Board, 49527-49528 2011-20295 Qualification of Drivers;

Exemption Applications: Vision, 49528-49532 2011-20297 2011-20298 Federal Procurement Federal Procurement Policy Office RULES Cost Accounting Standards: Elimination of the Exemption from Cost Accounting Standards for Contracts and Subcontracts Executed and Performed Entirely Outside the United States, Its Territories, and Possessions, 49365-49368 2011-20212 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 49478-49479 2011-20261 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49479-49481 2011-20111 Requests for Early Termination of Waiting Period under Premerger Notification Rules, 49481-49483 2011-20023 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Emergency Listing of Miami Blue Butterfly, etc., 49542-49567 2011-19812 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Proposed Listing of Miami Blue Butterfly as Endangered, etc., 49408-49412 2011-19818 Endangered and Threatened Wildlife: 90-Day Finding on Petition to List Saltmarsh Topminnow as Threatened or Endangered, 49412-49417 2011-20335 Forest Forest Service NOTICES Meetings:

Central Montana Resource Advisory Committee, 49433 2011-20358 Juneau Resource Advisory Committee, 49431-49432 2011-20350 2011-20353 Missouri River Resource Advisory Committee, 49431 2011-20348 Wrangell-Petersburg Resource Advisory Committee, 49432-49433 2011-20253 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Organization and Direction of Work; Federal Acquisition Regulation, 49483-49484 2011-20328 Privacy Act;

Systems of Records, 49484-49485 2011-20271 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare and Medicaid Services See Children and Families Administration See National Institutes of Health NOTICES Requirements and Registration for “Lifeline Facebook App Challenge”, 49485-49486 2011-20296 Single Source Cooperative Agreement Awards, 49486-49487 2011-20312 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration NOTICES Privacy Act;

Systems of Records, 49494-49503 2011-20225 2011-20226 2011-20229 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approved Tribal-State Class III Gaming Compact, 49505 2011-20273 Tribal-State Class III Gaming Compact Taking Effect, 49505 2011-20316 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau Internal Revenue Internal Revenue Service RULES Corporate Reorganizations; Distributions under Sections 368(a)(1)(D) and 354(b)(1)(B): Correction, 49300 2011-20224 Use of Actuarial Tables in Valuing Annuities, Interests for Life or Terms of Years, and Remainder or Reversionary Interests, 49570-49643 2011-19675 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-20220 49536-49540 2011-20221 2011-20222 2011-20223 2011-20214 2011-20217 2011-20218 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Preliminary Results: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 49437-49439 2011-20331 Antidumping Duty Investigations: Large Power Transformers from Republic of Korea, 49439-49443 2011-20336 Antidumping Duty Investigations; Postponements of Preliminary Determinations:

Certain Stilbenic Optical Brightening Agents from People's Republic of China, and Taiwan, 49443 2011-20306 Antidumping Duty New Shipper Reviews; Preliminary Results: Wooden Bedroom Furniture from People's Republic of China, 49443-49449 2011-20327 Antidumping Duty Orders: Solid Fertilizer Grade Ammonium Nitrate from Russian Federation, 49449-49450 2011-20308 Antidumping Duty Orders; Revocations: Stainless Steel Sheet and Strip in Coils from Germany, Italy, and Mexico, 49450-49452 2011-20315 Justice Department Justice Department See Drug Enforcement Administration NOTICES Lodging of Consent Decrees under Clean Water Act, 49505-49506 2011-20321 Labor Department Labor Department See Disability Employment Policy Office See Federal Contract Compliance Programs Office Management Management and Budget Office See Federal Procurement Policy Office NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Organization and Direction of Work; Federal Acquisition Regulation, 49483-49484 2011-20328 Meetings: NASA Advisory Council; Science Committee; Earth Science Subcommittee, 49508 2011-20275 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability, 49509-49510 2011-20410 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49510-49511 2011-20255 National Highway National Highway Traffic Safety Administration NOTICES Federal Motor Vehicle Safety Standards:

Technical Report on Effectiveness of Electronic Stability Control Systems for Cars and LTVs, 49532-49533 2011-20234 Temporary Exemption Applications: Spyker Automobielen B.V., 49533-49536 2011-20283 National Institute National Institutes of Health NOTICES Meetings: National Institute on Deafness and Other Communication Disorders, 49492-49494 2011-20319 2011-20320 Center for Scientific Review, 49493 2011-20326 National Cancer Institute, 49493 2011-20325 National Institute of General Medical Sciences, 49492-49493 2011-20323 National Institute on Alcohol Abuse and Alcoholism, 49494 2011-20317 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Modification of the Retention of Incidentally-Caught Highly Migratory Species in Atlantic Trawl Fisheries, 49368-49380 2011-20330 PROPOSED RULES Endangered and Threatened Wildlife: 90-Day Finding on Petition to List Saltmarsh Topminnow as Threatened or Endangered, 49412-49417 2011-20335 Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands Crab Rationalization Program, 49423-49430 2011-20187 Bering Sea and Aleutian Islands Management Area; Limited Access Privilege Program, 49417-49423 2011-20191 NOTICES Meetings:

Caribbean Fishery Management Council, 49452-49453 2011-20332 North Pacific Fishery Management Council, 49453 2011-20333 National Resources Natural Resources Conservation Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49433-49434 2011-20215 Postal Regulatory Postal Regulatory Commission NOTICES Postal Service Initiative on Retail Postal Locations; Correction, 49511 2011-20196 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Health Center Week (Proc. 8698), 49645-49648 2011-20497 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Stock Exchange, Inc., 49520-49522 2011-20244 NASDAQ OMX BX, Inc., 49517-49520 2011-20272 NASDAQ Stock Market LLC, 49515-49517 2011-20274 National Securities Clearing Corp., 49511-49512 2011-20241 New York Stock Exchange LLC, 49513-49515 2011-20243 NYSE Amex LLC, 49522-49525 2011-20242 State Department State Department NOTICES Delegations Of Authority:

Assistant Secretary of State for Educational and Cultural Affairs; Principal Deputy Assistant Secretary for Educational and Cultural Affairs, 49525 2011-20309 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49503 2011-20252 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Airport Security, 49503-49504 2011-20250 Law Enforcement Officer Flying Armed Training, 49504-49505 2011-20259 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 49542-49567 2011-19812 Part III Treasury Department, Internal Revenue Service, 49570-49643 2011-19675 Part IV Presidential Documents, 49645-49648 2011-20497 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 154 Wednesday, August 10, 2011 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 433 and 435 [Docket No. EERE-2011-BT-STD-0005] RIN 1904-AC41 Energy Efficiency Design Standards for New Federal Commercial and Multi-Family High-Rise Residential Buildings and New Federal Low-Rise Residential Buildings AGENCY:

Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule. 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 buildings, including commercial and multi-family high-rise residential buildings and low-rise residential buildings. This rule updates the baseline Federal commercial standard to the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 90.1-2007. This rule also updates the baseline Federal residential standard to the 2009 International Energy Conservation Code (IECC). DATES: This rule is effective October 11, 2011. The incorporation by reference of certain publications in the rule is approved by the Director of the Federal Register as of October 11, 2011. ADDRESSES: Docket: For access to the docket to read background documents or comments received by DOE, go to the U.S. Department of Energy, (Office of Building Technologies Resource Room), 950 L'Enfant Plaza, SW., Washington, DC 20024 between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please call Brenda Edwards at

(202)586-2945 for additional information regarding visiting the Building Technologies Resource Room. Resource Room hours are between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Michael Erbesfeld, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585,

(202)287-1874, *e-mail: Michael.Erbesfeld@ee.doe.gov,* or Ms. Ami Grace-Tardy, Esq., U.S. Department of Energy, Office of the General Counsel, Forrestal Building, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585,

(202)586-5709, *e-mail: Ami.Grace-Tardy@hq.doe.gov.* SUPPLEMENTARY INFORMATION: This rulemaking incorporates by reference the following standard into Part 433: • ANSI/ASHRAE/IESNA Standard 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings, 2007, American Society of Heating Refrigerating and Air-Conditioning Engineers, Inc., ISSN 1041-2336. 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//.* This rulemaking also incorporates by reference the following standard into part 435: • ICC International Energy Conservation Code (IECC), 2009 Edition, January 2009, International Code Council, ISBN 978-1-58001-742-8. Copies of this standards are available from International Code Council, 500 New Jersey Avenue, NW., 6th Floor, Washington, DC 20001, 1-888-ICC-SAFE (422-7233) or

(202)370-1800, *http://www.iccsafe.org/Pages/default.aspx.* I. Introduction II. Discussion of Today's Action III. Compliance Date IV. Reference Resources V. Regulatory Analysis VI. Congressional Notification I. Introduction Section 305 of the Energy Conservation and Production Act (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-family high rise residential buildings) is the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 90.1 and the referenced code for low-rise residential buildings is the International Energy Conservation Code (IECC). (42 U.S.C. 6834(a)(2)(A)) DOE codified these referenced codes into energy efficiency standards in 10 CFR parts 433, 434, and 435. Also under 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 codes, 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 IECC, DOE must determine whether to amend the 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 today's rulemaking addresses. ASHRAE Standard 90.1 and the IECC have been updated from the versions currently referenced in DOE's regulations at 10 CFR parts 433 and 435. DOE is now revising the baseline Federal building standards for 10 CFR parts 433 and 435. 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)) Section 306(b) bars the head of a Federal agency from expending Federal funds for the construction of a new Federal building unless the building meets or exceeds the applicable Federal building energy standards established under section 305. (42 U.S.C. 6835(b)) This includes both the requirement that all new Federal buildings comply with the baseline standards in ASHRAE Standard 90.1 and the IECC and the requirement that new Federal buildings 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)) II. Discussion of Today's Action DOE is issuing today's 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 or the IECC based on the cost-effectiveness of the revisions. (42 U.S.C. 6834(a)(3)(B)) In today's final rule, DOE determines that the energy efficiency standards for new Federal buildings should be updated to reflect the 2007 revisions to ASHRAE Standard 90.1 and the 2009 revisions to the IECC based on the cost-effectiveness of the revisions. DOE reviewed ASHRAE Standard 90.1 and the IECC standard for DOE's state building codes program and determined that the 2007 version of ASHRAE Standard 90.1 and the 2009 version of the IECC would achieve greater energy efficiency than their respective prior versions. These determinations were subject to notice and comment. See 75 FR 54117 (September 3, 2010) and 75 FR 54131 (September 3, 2010). In those prior determinations, and again in today's 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 75 FR 54121. Section 307 of ECPA requires DOE to participate in the ASHRAE and IECC codes 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)) ASHRAE Standard 90.1 is developed through an American National Standards Institute

(ANSI)consensus process. The ANSI consensus process involves representatives of producers (industry), users (owners and designers), and general (advocates and government) segments of the building industry. Part of that process involves development of cost-effectiveness criteria to use in the development of Standard 90.1. Another part of the process is extensive public review and comment of each change to Standard 90.1. During the course of the public review and comment process, cost-effectiveness is often a topic. One of the objectives considered by the committee developing Standard 90.1 is for the requirements of Standard 90.1 to be cost-effective for use in the private sector. The 90.1 committee uses a scalar ratio for cost-effectiveness based on ASTM Standard E917-Standard Practice for Measuring Life-Cycle Costs of Buildings and Building Systems. Similarly, the IECC is developed by the International Code Council

(ICC)in a government-consensus process. In the ICC process, only voting members of the ICC who are representative of state and local governments and who are responsible for code enforcement vote on any changes to the IECC. The public may participate in hearings and the hearings are widely attended by the building community. The process in the ICC is somewhat different than in Standard 90.1 in that explicit use of life-cycle costing is not required for each change proposed to the IECC. However, proponents of changes are required to state if a proposed change will increase the first cost of construction and the cost-effectiveness of proposals is widely debated during the hearings. Given the level of debate by the entire building community, DOE believes that the end result of the ICC code development process is an energy code that is cost-effective. In today's rule, DOE is amending 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 90.1-2007 and the 2009 IECC, as compared to their respective predecessor versions, and based on the considerations of cost-effectiveness incorporated into the codes processes, as well as DOE's involvement in those processes. This final rule amends 10 CFR Parts 433 and 435 to update the referenced baseline Federal energy efficiency performance standards. No other changes are proposed to 10 CFR parts 433 and 435 by this rule. DOE notes that it is currently working on preliminary determinations for ASHRAE Standard 90.1-2010 and the 2012 IECC. If DOE finalizes these determinations, the Department intends to update 10 CFR Part 433 with ASHRAE Standard 90.1-2010 and 10 CFR part 435 with the 2012 IECC. III. Compliance Date Today's final rule applies to new Federal buildings for which design for construction begins on or after one year from the date of this notice. 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 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 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.) IV. 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 or the 2004 IECC. The Department has reviewed these resources and believes that they are still applicable to helping agencies achieve building energy efficiency levels of at least 30% better than ASHRAE Standard 90.1-2007 or the 2009 IECC. 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 three categories: For all buildings, specifically for commercial and multi-family high-rise residential buildings, and specifically for low-rise residential buildings. Resources for All Buildings Energy Efficient Products—U.S. DOE Federal Energy Management Program and U.S. Environmental Protection Agency

(EPA)ENERGY STAR Program *http://www.eere.energy.gov/femp/procurement/* and *http://www.energystar.gov/products.* Federal agencies are required by the Energy Policy Act of 2005 to specify 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 90.1-2004 and the 2004 IECC, and may be used to achieve part of the savings required of Federal building designs. (Today's rule does not specifically address the use of this equipment, but 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.) Life-Cycle Cost Analysis—U.S. DOE Federal Energy Management Program *http://www.access.gpo.gov/nara/cfr/waisidx_04/10cfr436_04.html.* The life-cycle cost analysis rules promulgated in 10 CFR part 436 Subpart A *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 13123, *Greening the Government through Efficient Energy Management.* The life-cycle cost guidance and required discount rates and energy price projections are determined annually by FEMP and the Energy Information Administration, and 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.* FEMP also provides guidance on the life-cycle cost requirements of Executive Order 13123 at *http://www1.eere.energy.gov/femp/information/download_blcc.html.* ENERGY STAR Buildings—U.S. Environmental Protection Agency and U.S. Department of Energy *http://www.energystar.gov/index.cfm?c=new_homes.nh_features* (homes) and *http://www.energystar.gov/index.cfm?c=new_bldg_design.bus_target_finder* (non-residential buildings). ENERGY STAR is a Government-backed program helping businesses and individuals protect the environment through superior energy efficiency. The EPA specifications for ENERGY STAR-labeled homes, effective as of the date of this rule, provide a useful prescriptive guide for meeting the Federal energy efficiency standard for low-rise residential buildings. EPA plans to launch ENERGY STAR specifications for new construction and substantially rehabilitated multifamily high rise buildings in July 2011. 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. Commercial Building Initiative—U.S. DOE Building Technologies Program *http://www1.eere.energy.gov/buildings/commercial_initiative/.* A collection of design approaches, tools, technologies and case studies focused on high performance buildings that achieve savings of 30 percent to 50 percent better than generally accepted good practice. Building Energy Software Tools—U.S. DOE Building Technologies Program *http://www.eere.energy.gov/buildings/tools_directory/.* This directory provides information on building software tools for evaluation energy efficiency, renewable energy, and sustainability in buildings. Resources for Commercial and Multi-Family High-Rise Residential Buildings ASHRAE Standard 90.1-2007—ASHRAE *http://www.ashrae.org* (search for Standard 90.1-2007) or *http://www.techstreet.com/standards/ASHRAE/90_1_2007_I_P_?product_id=1536065.* The baseline energy efficiency standard for commercial and multi-family high-rise buildings is ANSI/ASHRAE/IESNA Standard 90.1-2007. This link also contains a link to a read-only version of Standard 90.1-2007. Whole Building Design Guide—National Institute of Building Sciences *http://www.wbdg.org.* A portal providing one-stop access to up-to-date information on a wide range of building-related guidance, criteria and technology from a “whole buildings” perspective. Advanced Energy Design Guides—ASHRAE *http://www.ashrae.org/aedg.* A set of design guides for users who wish to go beyond Standard 90.1. The design guides are targeted at 30 percent better than ASHRAE Standard 90.1-2004 (which translates to approximately 25 percent better than Standard 90.1-2007). (DOE's final determination of energy savings for Standard 90.1-2007 (available at *http://www.energycodes.gov/status/determinations_com.stm* ) indicates that Standard 90.1-2007 is approximately 4.6 percent better than Standard 90.1-2004 on a site energy basis.) The design guides are available for free download. Advanced Buildings TM Core Performance Guide TM —New Buildings Institute *http://www.newbuildings.org/advanced-design/advanced-buildings.* A set of guidelines for the design, construction, and operation of new and renovated nonresidential buildings targeted at 30 percent better than ASHRAE Standard 90.1-2004 (which translates to approximately 25 percent better than ASHRAE Standard 90.1-2007). Labs for the 21st Century—U.S. EPA and U.S. DOE *http://www.labs21century.gov/.* A Web site focused on improving the energy efficiency and environmental performance of laboratory space. This site includes training and educational resources and design tools focused on laboratories. Resources for Low-Rise Residential Buildings 2009 IECC—ICC *http://www.iccsafe.org* (search for 2009 IECC) or *http://www.iccsafe.org/Store/Pages/Product.aspx?category=0&cat=ICCSafe&id=3800X09.* The baseline energy efficiency standard for low-rise residential buildings is the International Code Council

(ICC)2009 IECC. Building America—U.S. Department of Energy *http://www.eere.energy.gov/buildings/building_america/.* Building America is a private/public partnership that develops energy solutions for new and existing homes. The Building America project combines the knowledge and resources of industry leaders with DOE's technical capabilities. Energy & Environmental Building Association

(EEBA)*http://www.eeba.org/.* EEBA's mission is to provide education and resources to transform the residential design, development and construction industries to profitably deliver energy efficient and environmentally responsible buildings and communities. The Partnership for Advancing Technology in Housing (PATH)—U.S. Department of Housing and Urban Development *http://www.pathnet.org/sp.asp?mc=about_path.* PATH is dedicated to accelerating the development and use of technologies that radically improve the quality, durability, energy efficiency, environmental performance, and affordability of America's housing. PATH is a voluntary partnership between leaders of the homebuilding, product manufacturing, insurance, and financial industries and representatives of Federal agencies concerned with housing. V. Regulatory Analysis A. Review Under Executive Order 12866, “Regulatory Planning and Review” Today's final rule is a “significant regulatory action” under Executive Order 12866, “Regulatory Planning and Review.” 58 FR 51735 (October 4, 1993). Accordingly, today's action was subject to review by the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB). OMB has completed its review. DOE believes that although cost increases vary from project to project, the construction cost of Federal buildings will increase only slightly as a result of this rule. DOE estimates a construction cost increase of less than 1% for both commercial and multi-family high-rise residential buildings and low-rise residential buildings. The cost estimate for commercial and multi-family high-rise residential buildings is based on an interpolation of a cost study conducted on several building types that are 30% or 50% more efficient than ASHRAE Standard 90.1-2004. The cost estimate for low-rise residential buildings is based on the national average cost increase of homes under the 2009 IECC compared to the 2006 IECC. The 2004 and 2006 IECC are approximately equivalent on a national average in terms of baseline cost and efficiency, therefore it is reasonable to estimate the cost increase for the 2009 IECC by comparing it to the 2006 IECC. B. Administrative Procedure Act DOE notes that the determinations regarding the updated voluntary consensus codes were subject to notice and comment in evaluating the voluntary consensus codes in the context of State building codes. See 75 FR 54117 (September 3, 2010) and 75 FR 54131 (September 3, 2010). 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 today's rule, amending standards on 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, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process, 68 FR 7990. The Department has made its procedures and policies available on the Office of General Counsel's *Web site: http://www.gc.doe.gov.* 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 recordkeeping 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-1871) entitled, “Environmental Assessment for Final Rule, 10 CFR part 433, `Energy Efficiency Standards for New Federal Commercial and Multi-Family High-Rise Residential Buildings,' and 10 CFR part 435, `Energy Efficiency Standards for New Federal Low-Rise Residential Buildings' Baseline Standards Update,” pursuant to the Council on Environmental Quality's

(CEQ)Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR parts 1500-1508), the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ), and DOE's NEPA Implementing Procedures (10 CFR part 1021). The EA addresses the possible 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 final rule with the “no-action alternative” of using the current Federal standards. This comparison essentially compares the baseline standards—ANSI/ASHRAE/IESNA Standards 90.1-2004 and 90.1-2007 for Federal commercial and multi-family high-rise residential buildings, and the 2004 Supplement to the 2003 IECC to the 2009 IECC for Federal low-rise residential buildings. This comparison is identical to that undertaken by DOE in its determinations of energy savings of those standards and codes. For the purposes of this environmental assessment, DOE also investigated the impact of buildings achieving energy consumption below Standard 90.1-2007 or the 2009 IECC in increments of 10 percent, up to 50 percent. The Federal government is estimated to construct about 2000 covered, low-rise housing units annually, which, if built to realize a 30 percent savings over the 2009 IECC, will avoid 3,600 metric tons of carbon dioxide emissions, 22 metric tons of methane emissions, 1 metric ton of nitrogen oxide, and 2 metric tons of sulfur dioxide each in the first year the final rule is in effect. These savings would compound in future years as more and more Federal construction occurs. For commercial and multi-family high-rise residential buildings, the Federal government is projected to construct 40 million square feet of Federal commercial buildings annually. Federal multi-family high-rise residential buildings are rare. Looking just at Federal commercial buildings, and assuming a 30 percent savings over Standard 90.1-2007, 6,200 metric tons of carbon dioxide will be avoided (relative to the existing 10 CFR part 433) in the first year the final rule is in effect. These savings would compound in future years as more and more Federal construction occurs. Again assuming a 30 percent savings over Standard 90.1-2007, 24 metric tons of methane emissions will be avoided, 6 metric tons of nitrogen oxide emissions will be avoided, and 14 metric tons of sulfur dioxide emissions will be avoided, all in the first year the rule is in effect. 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 statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a) and (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA (62 FR 12820) (also available at *http://www.gc.doe.gov* ). This 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. 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. VI. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule prior to its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 10 CFR Parts 433 and 435 Buildings and facilities, Energy conservation, Engineers, Federal buildings and facilities, Housing, Incorporation by reference. Issued in Washington, DC, on July 13, 2011. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Office of Technology Development, 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 NEW FEDERAL COMMERCIAL AND MULTI-FAMILY HIGH-RISE RESIDENTIAL BUILDINGS 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.* 2. The heading for part 433 is revised to read as set forth above. 3. Amend § 433.2 by removing the definition of “Baseline building” and adding in alphabetical order the definitions of “ASHRAE Baseline Building 2004” and “ASHRAE Baseline Building 2007” to read as follows: § 433.2 Definitions. *ASHRAE Baseline Building 2004* 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/IESNA Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise Residential Buildings, January 2004 (incorporated by reference, see § 433.3). *ASHRAE Baseline Building 2007* 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/IESNA Standard 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings, December 2007 (incorporated by reference, see § 433.3). 4. Revise § 433.3 to read as follows: § 433.3 Materials incorporated by reference.

(a)*General.* The Department of Energy incorporates by reference the energy performance standards listed in paragraph

(b)of this section into 10 CFR part 433. The Director of the Federal Register has approved the material listed in paragraph

(b)of this section for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent amendment to a standard by the standard-setting organization will not affect DOE regulations unless and until DOE amends its energy performance standards. Material is incorporated as it exists on the date of the approval, and a notice of any change in the material will be published in the **Federal Register.** All approved material is available for inspection at the U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant Plaza, SW., Washington, DC 20024,

(202)586-2945. Also, this material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.*

(b)*ASHRAE.* American Society of Heating Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle, NE. Atlanta, GA 30329,

(404)636-8400; or go to, *http://www.ashrae.org//.*

(1)ANSI/ASHRAE/IESNA 90.1-2004, (“ASHRAE 90.1-2004”), Energy Standard for Buildings Except Low-Rise Residential Buildings, January 2004, ISSN 1041-2336, IBR approved for §§ 433.2, 433.4, 433.5;

(2)ANSI/ASHRAE/IESNA Standard 90.1-2007, (“ASHRAE 90.1-2007”), Energy Standard for Buildings Except Low-Rise Residential Buildings, 2007, ISSN 1041-2336, IBR approved for §§ 433.2, 433.4, 433.5. 5. In § 433.4, revise paragraph

(a)to read as follows: § 433.4 Energy efficiency performance standard.

(1)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 January 3, 2007, but before August 10, 2012, to:

(i)Meet ASHRAE 90.1-2004, (incorporated by reference, see § 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 2004.

(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, to:

(i)Meet ASHRAE 90.1-2007, (incorporated by reference, see § 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 2007. 6. In § 433.5, revise paragraph

(a)to read as follows: § 433.5 Performance level determination. (a)(1) For Federal buildings for which design for construction began on or after January 3, 2007, but before August 10, 2012, each Federal agency shall determine energy consumption levels for both the ASHRAE Baseline Building 2004 and proposed building by using the Performance Rating Method found in Appendix G of ASHRAE 90.1-2004 (incorporated by reference, see § 433.3), except the formula for calculating the Performance Rating in paragraph G1.2 shall read as follows: Percentage improvement = 100 × ((Baseline building consumption—Receptacle and process loads)—(Proposed building consumption − Receptacle and process loads))/(Baseline building consumption—Receptacle and process loads) (which simplifies as follows): Percentage improvement = 100 × (Baseline building consumption—Proposed building consumption)/(Baseline building consumption—Receptacle and process loads).

(2)For Federal buildings for which design for construction began on or after August 10, 2012, 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 § 433.3), except the formula for calculating the Performance Rating in paragraph G1.2 shall read as follows: Percentage improvement = 100 × ((Baseline building consumption—Receptacle and process loads)—(Proposed building consumption − Receptacle and process loads))/(Baseline building consumption—Receptacle and process loads) (which simplifies as follows): Percentage improvement = 100 × (Baseline building consumption—Proposed building consumption)/(Baseline building consumption−Receptacle and process loads). PART 435—ENERGY EFFICIENCY STANDARDS FOR NEW FEDERAL LOW-RISE RESIDENTIAL BUILDINGS 7. The authority citation for part 435 continues to read as follows: Authority: 42 U.S.C. 6831-6832, 6834-6836; 42 U.S.C. 8253-54, 42 U.S.C. 7101 *et seq.* 8. Amend § 435.2 by removing the definition of “Baseline building” and adding in alphabetical order the definitions of “IECC Baseline Building 2004” and “IECC Baseline Building 2009” to read as follows: § 435.2 Definitions. *IECC Baseline Building* *2004* means a building that is otherwise identical to the proposed building but is designed to meet, but not exceed, the energy efficiency specifications in the ICC International Energy Conservation Code, 2004 Supplement Edition, January 2005 (incorporated by reference, see § 435.3). *IECC Baseline Building* *2009* means a building that is otherwise identical to the proposed building but is designed to meet, but not exceed, the energy efficiency specifications in the ICC International Energy Conservation Code, 2009 Edition, January 2009 (incorporated by reference, see § 435.3). 9. Revise § 435.3 to read as follows: § 435.3 Materials incorporated by reference.

(a)*General.* The Department of Energy incorporates by reference the energy performance standards listed in paragraph

(b)of this section into 10 CFR part 435. The Director of the Federal Register has approved the material listed in paragraph

(b)*ICC.* International Code Council, 500 New Jersey Avenue, NW., 6th Floor, Washington, DC 20001, 1-888-ICC-SAFE or

(202)370-1800, or go to *http://www.iccsafe.org/Pages/default.aspx.*

(1)ICC International Energy Conservation Code (IECC), 2004 Supplement Edition (“IECC 2004”), January 2005, ISBN 7801S04, IBR approved for §§ 435.2, 435.4, 435.5;

(2)ICC International Energy Conservation Code (IECC), 2009 Edition (“IECC 2009”), January 2009, ISBN 978-1-58001-742-8, IBR approved for §§ 435.2, 435.4, 435.5. 10. In § 435.4, revise paragraph

(a)to read as follows: § 435.4 Energy efficiency performance standard. (a)(1)All Federal agencies shall design new Federal buildings that are low-rise residential buildings, for which design for construction began on or after January 3, 2007, but before August 10, 2012, to:

(i)Meet the IECC 2004 (incorporated by reference, see § 435.3), 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 IECC Baseline Building 2004.

(2)All Federal agencies shall design new Federal buildings that are low-rise residential buildings, for which design for construction began on or after August 10, 2012, to:

(i)Meet the IECC 2009 (incorporated by reference, see § 435.3), 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 IECC Baseline Building 2009. 11. Revise § 435.5 to read as follows: § 435.5 Performance level determination.

(a)For Federal buildings for which design for construction began on or after January 3, 2007, but before August 10, 2012, each Federal agency shall determine energy consumption levels for both the IECC Baseline Building 2004 and proposed building by using the Simulated Performance Alternative found in section 404 of the IECC 2004 (incorporated by reference, see § 435.3).

(b)For Federal buildings for which design for construction began on or after August 10, 2012, each Federal agency shall determine energy consumption levels for both the IECC Baseline Building 2009 and proposed building by using the Simulated Performance Alternative found in section 405 of the IECC 2009 (incorporated by reference, see § 435.3). [FR Doc. 2011-20024 Filed 8-9-11; 8:45 am]

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