# Energy Code for New Federal Commercial and Multi-Family High Rise Residential Buildings

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-19671

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** August 6, 1996
- **Citation:** 61 FR 40882

## Text

SUMMARY: The Department of Energy today proposes a rule that would
establish building energy efficiency standards for new Federal
commercial and multi-family high rise residential buildings pursuant to
the requirements of the Energy Conservation and Production Act. The
proposed rule would revise the current interim Federal standards to
conform generally with the format of the current voluntary building
energy codes. The proposed rule would incorporate changes from the
interim rule in the areas of lighting, mechanical ventilation, motors,
building envelopes, and fenestration rating procedures, and test
procedures for heating and cooling equipment.

DATES: Written comments on the proposed rule (10 copies) must be
received by the Department by 4 p.m. on or before November 4, 1996. A
public hearing will be held on September 4, 1996, beginning at 9 a.m.
at the address listed below. Requests to speak must be received by the
Department by 4 p.m. on or before August 28, 1996. Ten copies of the
statement to be given at the public hearing must be received by the
Department by 4 p.m. August 29, 1996.

ADDRESSES: Address written comments, requests for copies of the
technical support documents and oral statements, requests to speak at
the hearing, and requests for speaker lists to: Energy Code for Federal
Commercial Buildings, Docket No. EE-RM-79-112-C, Buildings Division,
EE-431, Office of Codes and Standards, U.S. Department of Energy, Room
1J-018, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202)
586-7574. FAX comments will not be accepted. The public hearing will be
held at the U.S. Department of Energy, Forrestal Building, Room 1E-245,
1000 Independence Avenue SW., Washington, DC 20585-0121. Copies of the
transcript of the public hearing and public comments received may be
read at the DOE Freedom of Information Reading Room, U.S. Department of
Energy, Forrestal Building, Room 1E-190, 1000 Independence Avenue SW.,
Washington, DC 20585-0121, (202) 586-6020, between the hours of 9 a.m.
and 4 p.m., except Federal holidays.
For more information concerning public participation see Section
VIII, Public Comment Procedures.

FOR FURTHER INFORMATION CONTACT:

Ronald B. Majette, Buildings Division, EE-432, Office of Codes and
Standards, U.S. Department of Energy, Room 1J-018, 1000 Independence
Avenue, SW., Washington, DC 20585-0121, Tel: 202-586-0517
Francine B. Pinto, Esq., Office of General Counsel, GC-72, U.S.
Department of Energy, Room 6E-042, 1000 Independence Avenue, SW.,
Washington, DC 20585-0103, Tel: 202-586-7432

SUPPLEMENTARY INFORMATION:

I. Introduction
A. Authority
B. Background
II. Description of the Proposed Rule
A. General
B. Format and Structure of the Proposed Rule
C. Comparison of the Proposed Rule with the Interim Standard
D. Comparison of Codified Version of Standard 90.1-1989 to the
Proposed Rule and Comparison Between Standard 90.1-1989 Addenda and
the Proposed Rule
E. Explanation of Differences between the Proposed Rule and the
Statutory Baseline
III. Consultation
IV. Energy Impacts
V. Technological Feasibility and Economic Justification
VI. Measures Concerning Radon and Other Indoor Air Pollutants
VII. Findings and Certification
A. Federalism Review
B. Review Under Executive Order on Promulgating Regulations
12988
C. Regulatory Planning and Review
D. Review Under the Regulatory Flexibility Act
E. Review Under the National Environmental Policy Act
F. Environmental Protection Agency Review
G. Paperwork Reduction Act Review
H. Unfunded Mandates Reform Act Review
I. Review Under Section 32 of the Federal Energy Administration
Authorization Act
VIII. Public Comment Procedures
A. Participation in Rulemaking
B. Written Comment Procedures
C. Public Hearing Procedures

I. Introduction

A. Authority

Section 305(a) of the Energy Conservation and Production Act
(ECPA), as amended, 42 U.S.C. 6834(a), requires DOE to establish by
rule Federal building energy standards for new Federal buildings. In
developing this proposed rule, DOE is directed to consult with other
federal agencies as well as private and state associations and other
appropriate persons.
The proposed rule must contain energy saving and renewable energy
specifications that meet or exceed the energy saving and renewable
energy specifications of the American Society of Heating, Refrigerating
and Air-Conditioning Engineers, Inc. (ASHRAE)/Illuminating Engineering
Society of North America (IES) Standard 90.1-1989 (Standard 90.1-1989)
for commercial buildings and of the Model Energy Code (MEC), 1992, for
residential buildings. MEC 1992 exempts multi-family high-rise
residential buildings (over three stories in height above ground) which
comply with Standard 90.1-1989. As a result, Standard 90.1-1989 is the
applicable standard under Section 305 of ECPA for high-rise residential
buildings.
Section 305(a) requires that the standards contain energy
efficiency measures that are technologically feasible and economically
justified. Since ECPA, as amended, establishes that the new standards
meet, at a minimum, the requirements of Standard 90.1-1989,
technological feasibility and economic justification need not be
established for these minimum requirements. DOE is interpreting this
minimum requirement to include those addenda to Standard 90.1-1989
which were in effect at the time the Energy Policy Act of 1992 (EPACT),
which amended ECPA, was enacted. Since these addenda were part of
Standard 90.1-1989 at the time EPACT was enacted, they are part of the
baseline against which the proposed rule is compared for purposes of
assessing its energy and economic impacts.
Section 305(a)(2)(B) requires that to the extent practicable, the
new federal building energy standards use the same format as the
appropriate voluntary building energy code. The proposed rule would
revise the current interim federal standards to conform generally with
the format and language of the codified version of Standard 90.1-1989.
The addenda to Standard 90.1-1989 included in the proposed rule are
also generally incorporated in their codified form.
Section 305(a)(2)(c) further requires that the proposed rule be
established in consultation with the Environmental Protection Agency
(EPA) and other Federal agencies and, where appropriate, contain
measures with

[[Page 40883]]

regard to radon and other indoor air pollutants.
Section 305(c) states that the standards proposed in today's rule
be reviewed and, if appropriate, updated at not less than five year
intervals.
The standards proposed today are required to become effective no
later than one year after the rule is issued. (See section 305(a)(1)).
Section 305(d) continues in effect the interim energy performance
standards (otherwise known as ``interim rule'' or ``interim
standards'') for new Federal buildings as they existed before the date
of the enactment in 1992 of EPACT until the standards established under
subsection (a) become effective.
Section 306 addresses Federal compliance. Section 306(a) provides
that each Federal agency and the Architect of the Capitol must adopt
procedures to assure that new Federal buildings will meet or exceed the
Federal building energy standards proposed here. 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 appropriate Federal building energy standards established
under section 305.

B. Background

On January 30, 1989, the Department issued an interim rule (10 CFR
part 435, subpart A) establishing energy conservation voluntary
performance standards for the design of new commercial and multi-family
high rise residential buildings; these standards are mandatory for
Federal buildings.
The Department's interim standards and Standard 90.1-1989 were
developed in conjunction with one another and contain similar energy
efficiency provisions. ASHRAE and IES are professional engineering
societies which have undertaken the responsibility of sponsoring a
voluntary industry consensus standard for the design of energy
efficient commercial and multi-family high rise buildings.
The Department's interim rule and Standard 90.1-1989 followed a
parallel development track. ASHRAE/IES provided technical expertise
that ensured the practicality of the interim standards and Standard
90.1-1989. DOE contributed technical expertise and research results in
the development of these two standards.
Because Standard 90.1-1989 is written as a standard of professional
practice, it cannot be directly adopted as a building code. The
Department in 1993 requested ASHRAE to assist DOE in producing a
version of Standard 90.1-1989 and its addenda in code format. This
joint effort was undertaken to assist States in responding to Section
304(b) of ECPA and to assist DOE in establishing Federal building
energy efficiency standards. The resulting code, published by ASHRAE/
IES in November 1993 is entitled ``Energy Code for Commercial and High-
Rise Residential Buildings.'' This code has been approved by the
Council of American Building Officials (CABO) as the basis for its MEC
and some of the regional model codes.
Basing the proposed rule on the codified version of Standard 90.1-
1989 ensures that the provisions of today's proposed rule would be
similar to those being adopted by state and local jurisdictions and
widely used in the private sector.
Moreover, ASHRAE/IES periodically modifies their current edition of
their standard through an addenda process. Standard 90.1-1989 is the
current edition of their standard. ASHRAE/IES has adopted six addenda
to Standard 90.1-1989 since it was published in 1989. They are: Addenda
b, c, d, e, g, and i. The proposed rule would include these addenda.
These addenda are described below in II.D, Table 3. The proposed rule
would also include provisions that are substantively the same as those
in Addendum f, which has not been adopted by ASHRAE/IES.
DOE has chosen to publish the proposed rule in its entirety so that
it is assembled in a unified form for easy access. DOE did not choose
to merely publish changes from the codified version of Standard 90.1-
1989 because of the integrated nature of the changes (small and large)
from that codified version. The Department invites comments on whether
Standard 90.1-1989, including appropriate addenda, should be
incorporated Standard 90.1 by reference instead of publishing the rule
in its entirety as DOE proposes today. If DOE were to incorporate
Standard 90.1-1989 by reference, other proposed changes would need to
be published as well.

II. Description of the Proposed Rule

A. General

The standards proposed today specify a minimum level of energy
efficiency for new Federal commercial and high-rise residential
buildings. The proposed rule would revise the current interim Federal
standards to conform generally with the format and language of the
codified version of Standard 90.1-1989. They do not address the design
of residential single family or multi-family low rise buildings,
currently addressed by Subpart C of 10 Part 435. Such buildings will be
addressed in a separate rulemaking.
The current interim standards for Federal commercial and multi-
family high-rise residential buildings are found in Subpart A of 10 CFR
Part 435. For clarity and ease of use, the Department is proposing to
remove Subparts A and B of Part 435 and add a new Part 434, to contain
the building energy efficiency standards for new Federal commercial and
multi-family high-rise residential buildings.
Today's proposal contains substantive changes from the interim
standard in the areas of lighting, mechanical ventilation, motors,
building envelopes, fenestration rating procedures, and heating and
cooling test procedures. It includes those addenda which were in effect
at the time EPACT was enacted (Addendum 90.1b revising service water
heating criteria and updating miscellaneous references to other
standards, Addendum 90.1d addressing lighting controls, and Addendum
90.1e updating ventilation requirements).
The proposed rule also includes several addenda adopted by ASHRAE
and IES after EPACT was enacted. These include Addenda g, i, and c,
addressing building envelopes, heating and cooling equipment test
procedures, and motor efficiency, respectively. DOE would also include
provisions concerning procedures for calculating fenestration ratings.
As previously mentioned, these provisions are substantively the same as
Addendum f, now pending consideration by ASHRAE and IES.
The lighting standards in today's proposed rule would differ from
both the interim standards and Standard 90.1-1989. The updated lighting
provisions are more stringent than Standard 90.1-1989 and reflect new
information concerning energy requirements needed to achieve adequate
lighting levels.
The proposed rule would provide minimum standards of energy
efficiency levels to be required in each new federal commercial and
high-rise residential building. The individual specifications for
lighting, HVAC, envelope, and other aspects of buildings found in
subpart D of the proposed rule determine the minimum level of energy
efficiency required for a particular building. This ``prescriptive
path'' provides a simple means of ensuring design specifications that
meet the proposed code.
Flexibility is a key feature of the proposed code. While some of
the specific design requirements of subpart D apply in all cases, this
proposed rule provides for flexibility in many other areas if building
designers can show that the overall building energy use or

[[Page 40884]]

energy cost compares favorably to the baseline energy use or energy
cost based on subpart D of the proposed rule. Tradeoffs among systems
and among building shell components can be made using the DOE version
of the Lighting Standard (LTGSTD) and Envelope Standard software
(ENVSTD), respectively. Building-wide trade-offs among energy
efficiency features or the inclusion of entirely new efficiency
features, including passive and active renewable features, can be made
as well. Subpart E allows building-wide flexibility as long as the net
result equals or reduces energy costs. Subpart F allows these trades to
be made if predicted total building energy use is below that expected
using the ``prescriptive path.'' These alternative paths are especially
valuable as a means for building designers to take full advantage of
the energy savings potential of new technologies. The computer software
referenced above will be included as part of the Technical Support
Document.

B. Format and Structure of the Proposed Rule

ASHRAE and IES have published Standard 90.1-1989 in a code format
that does not differ in any significant technical or substantive
respect from the standard itself. DOE has based the proposed rule on
this codified version of Standard 90.1-1989, published by ASHRAE and
IES in 1993, by adopting verbatim significant portions of it. Section
II(E) of this notice discusses the substantive differences between the
proposed rule and the statutory baseline.
The codified version is expected to be widely used by state and
local code making bodies as they update their codes. The designers and
builders of Federal buildings, who also design and construct State and
private sector buildings, will be familiar with the requirements of the
codified version, their importance, and how to meet them. Therefore,
the consistency of the proposed rule with industry-wide practices would
facilitate implementation by federal agencies of the final rule.
Copies of the ASHRAE Energy Code and ASHRAE/IES Standard 90.1-1989
may be purchased from ASHRAE, 1791 Tullie Circle, NE., Atlanta, GA
30329 (1-800-5-ASHRAE).

C. Comparison of the Proposed Rule With the Interim Standard

The design and construction of new commercial and multi-family
high-rise residential federal buildings is currently governed by
interim energy efficiency standards issued in 1989. Table 1 provides a
``cross-walk'' from the elements of the current interim federal
commercial and multi-family high-rise residential building standard to
the proposed rule to facilitate a comparison between the two standards.
Column 1 of the table lists all of the sections of the interim standard
and column 2 lists the location of sections within the proposed rule
which include or refer to the same topic.

Table 1.--Subject Cross-Walk Between the Current Interim Federal
Commercial and Multi-Family High Rise Standard and the Proposed Federal
Rule
------------------------------------------------------------------------
Interim standards Proposed rule
------------------------------------------------------------------------
435.97 Purpose and 435.98 Scope....... 434.100 Administration and
Enforcement.
435.99 General Definitions and 434.200 Definitions.
Acronyms.
435.100 Explanation of numbering 434.99 Explanation of
systems for standards. numbering systems for
standards.
435.101 Implementation and compliance 434.100 Administration and
procedures for Federal agencies. Enforcement--
435.102 Principles of effective energy 434.102 Compliance.
building design.
Not included--Moved to Federal
Users Manual, Performance
standards for New Commercial
and Multi-Family High Rise
Residential Buildings. U.S.
Department of Energy. March
1994.
435.103 Lighting...................... 434.401.3 Lighting Systems and
Equipment.
435.104 Auxiliary Systems and 434.401.3 Lighting Systems &
Equipment.. Equipment.
434.400 Building Design Requirements.. 434.403 Building Mechanical
Systems and Equipment.
434.404 Building Service
Systems and Equipment.
435.105 Building Envelope............. 434.402 Building Envelope
Assembles & Materials.
434.300 Design Conditions........... 434.300 Design Conditions.
434.400 Building Design Requirements; 434.402 Building Envelope
402 Building Envelope Assemblies & Assembles & Materials.
Materials.
435.106 Electric Power and 434.401 Electric Systems and
Distribution. Equipment.
435.107 Heating Ventilation and Air- 434.403 Building Mechanical
Conditioning (HVAC) Systems. Systems and Equipment.
434.400 Building Design Requirements; 434.403 Building Mechanical
403 Building Mechanical Systems and Systems and Equipment.
Equipment.
435.108 Heating ventilation and air- 434.403 Building Mechanical
conditioning (HVAC) equipment. Systems and Equipment.
435.109 Service water heating systems. 434.404 Building Service
Systems & Equipment.
434.400 Building Design Requirements.. 434.403 Building Mechanical
Systems and Equipment.
435.110 Energy management............. 434.403 Building Service
Systems and Equipment.
435.111 Building energy cost 434.102 Compliance.
compliance alternative.
434.500 Building energy cost
compliance alternative.
435.112 Building energy compliance 434.102 Compliance.
alternative.
434.600 Building energy
Compliance Alternative.
434.700 Reference Standard.
------------------------------------------------------------------------

[[Page 40885]]

D. Comparison of Codified Version of Standard 90.1-1989 to the Proposed
Rule and Comparison Between Standard 90.1-1989 Addenda and the Proposed
Rule

This section provides a ``cross-walk'' between the proposed rule
and the codified version of Standard 90.1-1989 as well as a ``cross-
walk'' between the proposed rule and Standard 90.1-1989 Addenda. The
codified version published November 1993, includes all of the addenda
adopted by ASHRAE to date in their codified form. Addendum f, dealing
with fenestration, is pending consideration by ASHRAE. As a result, it
is not included in the codified version of Standard 90.1-1989.

Table 2.--Subject Cross Walk Between Codified Version of Standard 90.1-
1989 and the Proposed Federal Rule
------------------------------------------------------------------------
Codified 90.1-1989 Proposed rule
------------------------------------------------------------------------
434.99 Explanation of
Numbering System.
CHAPTER 1 ADMINISTRATION AND Subpart A--Administration and
ENFORCEMENT. Enforcement--General
100 General
100.1 Title
100.2 Purpose..................... 434.100 Purpose.
101 Scope............................. 434.101 Scope.
102 Compliance........................ 434.102 Compliance.
103 Referenced Standards.............. 434.103 Reference Standards.
104 Validity.......................... 434.104 Validity.
105 Materials......................... 434.105 Materials and
Equipment.
106 Plans and Specifications.......... 434.106 Plans and
Specifications.
107 Inspections....................... 434.107 Inspections.
CHAPTER 2 DEFINITIONS................. Subpart B--Definitions
201 Definitions....................... 434.201 Definitions.
CHAPTER 3 DESIGN CONDITIONS........... Subpart C--Design Conditions
301 Design Criteria................... 434.301 Design Criteria.
301.1 Exterior Design Conditions.. 301.1 Exterior Design
Conditions.
301.2 Indoor Design Conditions.... 301.2 Indoor Design
Conditions.
CHAPTER 4 BUILDING DESIGN REQUIREMENTS Subpart D--Building Design
Requirements
ELECTRIC SYSTEMS AND EQUIPMENT
401 Electrical Power and Lighting 434.401 Electrical Power and
Systems. Lighting Systems.
401.1 Electrical Distribution 401.1 Electrical
Systems. Distribution Systems.
401.1.1 Check Metering........ 401.1.1 Check Metering.
401.1.2 Electrical Schematic.. 401.1.2 Electrical
Schematic.
401.2 Electric Motors............. 401.2 Electric Motors.
401.2.1 Efficiency............ 401.2.1 Efficiency.
LIGHTING SYSTEMS AND EQUIPMENT
401.3 Lighting Power Allowance.... 401.3 Lighting Power
Allowance.
401.3.1 Building Exteriors.... 401.3.1 Building
Exteriors.
401.3.2 Building Interiors.... 401.3.2 Building
Interiors.
401.3.3 Lighting Power Control 401.3.3 Lighting Power
Credits. Control Credits.
401.3.4 Lighting Controls..... 401.3.4 Lighting
Controls.
401.3.5 Ballasts.............. 401.3.5 Ballasts.
BUILDING ENVELOPES
402 Building Envelope Assemblies and 434.402 Building Envelope
Materials. Assemblies and Materials.
402.1 Calculations and Supporting 402.1 Calculation and
Information. Supporting Information.
402.1.1 Materials Properties.. 402.1.1 Materials
Properties.
402.1.2 Thermal Performance 402.1.2 Thermal
Calculations. Performance Calculations.
402.1.3 Gross Areas of 402.1.3 Gross Areas of
Envelope Components. Envelope Components.
402.2 Air Leakage and Moisture 402.2 Air Leakage and
Migration. Moisture Migration.
402.2.1 Air Leakage........... 402.2.1 Air Barrier
System.
402.2.2 Exterior Envelope 402.2.2 Building
Joints and Penetrations. Envelope.
402.2.3 Moisture Migration.... 402.2.3 Moisture
Mitigation.
402.3 Thermal Performance Criteria 402.3 Thermal Performance
Criteria.
402.3.1 Roofs; Floors and 402.3.1 Roofs; Floors and
Walls Adjacent to Walls Adjacent to
Unconditioned Spaces. Unconditioned Spaces.
402.3.2 Below-Grade Walls and 402.3.2 Below-Grade Walls
Slabs-on-Grade. and Slabs-on-Grade.
402.4 Exterior Walls.............. 402.4 Exterior Walls.
402.4.1 Prescriptive Criteria. 402.4.1 Prescriptive
Criteria.
402.4.2 System Performance 402.4.2 System
Criteria. Performance Criteria.
BUILDING MECHANICAL SYSTEM AND
EQUIPMENT
403 Building Mechanical Systems and 434.403 Building Mechanical
Equipment. Systems and Equipment.
403.1 Mechanical Equipment 403.1 Mechanical Equipment
Efficiency. Efficiency.
403.2 HVAC Systems................ 403.2 HVAC Systems.
403.2.1 Load Calculations..... 403.2.1 Load
Calculations.
403.2.2 Equipment and System 403.2.2 Equipment and
Sizing. System Sizing.
403.2.3 Separate Air 403.2.3 Separate Air
Distribution System. Distribution System.
403.2.4 Ventilation and Fan 403.2.4 Ventilation and
System Design. Fan System Design.
403.2.5 Pumping System Design. 403.2.5 Pumping System
Design.
403.2.6 Temperature and 403.2.6 Temperature and
Humidity Controls. Humidity Controls.
403.2.7 Off-Hour Controls..... 403.2.7 Off-Hour
Controls.
403.2.8 Economizer Controls... 403.2.8 Economizer
Controls.

[[Page 40886]]

403.2.9 Distribution System 403.2.9 Distribution
Construction and Insulation. System Construction and
Insulation.
403.2.10 Completion........... 403.2.10 Completion.
BUILDING SERVICE SYSTEMS AND EQUIPMENT
404 Building Service Systems and 434.404 Building Service
Equipment. Systems and Equipment.
404.1 Service Water Heating 404.1 Service Water Heating
Equipment. Equipment Efficiency.
404.1.1 Testing Electric and 404.1.1 Testing Electric
Oil Storage Water Heaters for and Oil Storage Water
Standby Loss. Heaters for Standby Loss
404.1.2 Unfired Storage Tanks. 404.1.2 Unfired Storage
Tanks.
404.1.3 Storage Volume Symbols 404.1.3 Storage Volume
in Table. Symbols in Table.
404.2 Service Hot Water Piping 404.2 Service Hot Water
Insulation. Piping Insulation.
404.3 Service Water Heating System 404.3 Service Water Heating
Controls. System Controls.
404.4 Water Conservation.......... 404.4 Water Conservation.
404.5 Swimming Pools.............. 404.5 Swimming Pools.
404.6 Combined Service Water 404.6 Combined Service
Heating and Space Heating Water Heating and Space
Equipment. Heating Equipment.
The codified version of Standard 90.1- Subpart E--Building Energy Cost
1989, Section 102, Compliance, Compliance Alternative
incorporates by reference the Building
Energy Cost Compliance Alternative.
434.501 General.
434.502 Determination of the
Annual Energy Cost Budget.
434.503 Prototype Building
Procedure.
434.504 Use of the Prototype
Building to Determine the
Energy Cost Budget.
434.505 Reference Building
Method.
434.506 Use of the Reference
Building to Determine the
Energy Cost Budget.
434.507 Calculation Procedure
and Simulation Tool.
434.508 Determination of the
Design Energy Consumption and
Design Energy Cost.
434.509 Compliance.
434.510 Standard Calculation
Procedure.
434.511 Orientation and Shape.
434.512 Internal Loads.
434.513 Occupancy.
434.514 Lighting.
434.515 Receptacles.
434.516 Building Exterior
Envelope.
434.517 HVAC Systems and
Equipment.
434.518 Service Water Heating.
434.519 Controls.
434.520 Speculative Buildings.
434.521 The Simulation Tool.
The Building Energy Compliance Subpart F--Building Energy
Alternative is not in the codified Compliance Alternative
version.
434.601 General.
434.602 Determination of the
Annual Energy Budget.
434.603 Determination of the
Design Energy Use.
434.604 Compliance.
434.605 Standards Calculation
Procedures.
434.606 Simulation Tool.
434.607 Life Cycle Cost
Analysis Criteria.
CHAPTER 5 REFERENCE STANDARDS......... Subpart G--Reference Standards
501 General........................... 434.701 General.
------------------------------------------------------------------------

As stated earlier, this proposed rule is being published in a
unified and easy access form in lieu of publishing changes from the
codified version of Standard 90.1 due to the integrated nature of the
changes (small and large) from the codified version. In addition, this
unified approach will facilitate the updating of this rule to reflect
new energy efficiency provisions.
DOE worked with the ASHRAE's Standing Standards Project Committee
90.1 and the IES's Energy Management Committee in their development of
addenda to Standard 90.1-1989. Today, the DOE is proposing to include
some of these addenda in its proposed rule. Table 3 provides a subject
cross walk between addenda to Standard 90.1-1989 and the proposed rule.

Table 3.--Subject Cross Walk Between Standard 90.1-1989 Addenda and the
Proposed Federal Rule
------------------------------------------------------------------------
Standard 90.1-1989 Addenda Proposed rule
------------------------------------------------------------------------
Add. a Not promulgated................

[[Page 40887]]

Add. b Revises service water heating Subpart D Building Design
criteria and updates miscellaneous Requirements--
references to other standards in 404 Includes reference
Section 11 of ASHRAE Standard 90.1- changes and addenda to
1989. service water hearing
criteria.
Add. c Motors. Makes the motor Subpart D Building Design
efficiency requirements more stringent Requirements--
and updates and adds references to 401.2 Electric Motors.
NEMA Standards.
Add. d Clarifies the Exception under Subpart D Building Design
6.4.2.5, Lighting controls in spaces Requirements--
used as a whole. 401.3.3 Lighting Power
Control Credits.
Add. e Clarifies wording of 9.4.7, Subpart D Building Design
Ventilation. Section 9.4.7.2 permits Requirements--
outside air intake to exceed minimum 403.2.4 Ventilation and Fan
levels provided the system is capable System Design.
of operating at the minimum levels
specified by 6.1.3 of ASHRAE Standard
62.
Add. f Fenestration. Not adopted but Subpart D Building Design
pending consideration by ASHRAE. Requirements--
402.4.1.2 Fenestration
DOE is proposing
substantive provisions
that are the same as in
proposed Addendum F.
DOE's version is written
in codified form.
Contains corrections in
the fenestration thermal
performance calculation
procedure to meet
industry standards.
Includes changes to the
alternative Component
(ACP) Tables to reflect
this change.
Add. g Expansion of Table 8C-2, Wall Subpart D Building Design
Sections with Metal Studs, Parallel Requirements--
Path Correction Factors. Addresses 402.1.2.1 Envelope
thicker wall members and new Assemblies Containing Metal
technology for higher performance Framing
insulation products.
Add. h Not promulgated
Add. i Modifications to tables of HVAC Subpart D Building Design
equipment performance criteria in Requirements--
Section 10. (These were first included 403.1 Mechanical Equipment
in Addenda a.) Incorporates updated Efficiency.
test-procedure reference to the HVAC
equipment performance criteria.
------------------------------------------------------------------------

E. Explanation of Differences Between the Proposed Rule and the
Statutory Baseline

This section explains the differences between the proposed rule and
the statutory baseline. As noted above, this baseline includes Addenda
b, d, and e, since they were in effect at the time EPACT was enacted.
The discussion below corresponds to the sections in the proposed rule.
Unless otherwise indicated, the proposed rule incorporates the language
of the codified version of both Standard 90.1 and its addenda. Minor
language changes and citation changes will not be noted.
Subpart A: Administration and Enforcement
Sections 434.100 and 434.101, Purpose and Scope. In these proposed
sections, the title, purpose and scope would be changed from the
codified version and the statutory baseline to reflect the application
to federal sector buildings. These sections would adopt language from
the interim rule, with some modifications, which define the purpose of
the proposed rule and the categories of buildings covered by this
rulemaking. Specifically, the purpose section would use the term
``energy efficiency'' instead of the term ``energy conservation'' which
is used in the codified version. Proposed Sec. 434.101, Scope, would
delete exception (1), which appears in both the statutory baseline and
the codified version. Unlike the statutory baseline, the proposed rule
specifically lists all the exceptions within the ``Scope'' section.
Sections 434.104, 106, and 107 Reserved
The proposed rule does not include the sections entitled
``Validity,'' ``Plans and Specifications,'' and ``Inspections'' from
the codified version. The statutory baseline does not contain any of
these sections either.
Subpart B: Definitions
The proposed rule would change the definition of ``commercial
building'' from the codified version by using the definition of
``commercial building'' from the interim rule, which is identical to
the definition in ECPA, as amended, 42 U.S.C. 6832(4). The proposed
rule would also add several other definitions from the interim rule
that are not in the codified version. They are: building code, Federal
agency, Federal building and multi-family high-rise residential
buildings. All of these definitions, except for multi-family high rise
residential buildings, are identical to the definitions in ECPA, as
amended, 42 U.S.C. 6832(3), (5), and (6), respectively.
Subpart D: Building Design Requirements
Section 401.2, Electric Motors. This proposed section would include
Addendum c regarding motor efficiency. This is not part of the
statutory baseline. These revised minimum efficiencies for electric
motors are identical to those set forth in section 342(b) of the Energy
Policy and Conservation Act (EPCA) as amended by section 122(d) of
EPACT. The codified version of Addendum c is used with the exception of
Table 401.2.1 of the proposed rule, which is from Table 5.1 of the non-
codified version of the addendum. The codified version of Table 401.2.1
is condensed from the non-codified version and does not include as
broad a range of motor types. The effect of including Addendum c is to
make section 401.2 of the proposed rule more energy efficient than the
statutory baseline. See, Technical Support Document (TSD), pages 2-3.
Section 401.3.2, Building Interiors. This proposed section would
adopt most of the lighting requirements of the interim rule. Those
lighting requirements incorporated from the interim rule are more
energy efficient than the statutory baseline; the remaining
requirements are identical to the statutory baseline. See, Technical
Support Document, pages 3-7.
The interim federal rule specifies two sets of maximum unit power
density

[[Page 40888]]

values (UPD). UPD is measured as lighting watts per square foot of
floor area. The initial (1989) values are the same as those in the
codified version of Standard 90.1-1989. It also contains more energy
efficient UPD values that took effect in 1993. The values proposed
today have been updated to reflect the results of the detailed
assessment of the 1993 interim values made during a demonstration phase
of the applicability of the interim rule. These values reflect a goal
of progressive energy-conserving practice without prohibiting the
design of quality lighting in interior environments.
The proposed rule would include UPD values in Tables 401.3.2b and
401.3.2c that in most cases are more stringent than the statutory
baseline for various area/space categories. The proposed rule would
adopt 79 of the 106 space types listed at the more stringent 1993 UPD
values and 27 of the 106 space types listed at the 1989 UPD values from
the interim rule. In no case is more lighting energy allowed than
provided for under Standard 90.1-1989. See, Technical Support Document,
page 4.
In the proposed rule, offices have a high number of recommended UPD
values from the 1993 values of the interim rule because the substantial
amount of case study and simulation evidence points overwhelmingly to a
current capability for further reducing office lighting energy use
without sacrificing lighting quality. The large amount of office space
in the United States means that even this small improvement in energy
efficiency specifications will result in significant additional energy
savings. In only one case is a 1993 office value retained at the 1989
UPD value.
Sections 402.1.1.1, Shading Coefficient, and 402.1.2.2, Envelope
Assemblies Containing Nonmetal Framing. The reference in the last
sentence of Section 402.1.1.1 is Table 41, Chapter 27, of the ASHRAE,
Handbook, 1989 Fundamentals Volume rather than the reference found in
the codified version to Table 41 of the older 1985 Handbook. The 1985
Handbook is also referenced in the statutory baseline. There is no
difference in the content of these tables, simply a different table
number in the two versions of the Handbook.
The reference in the last sentence of Section 402.1.2.2 is changed
from page 23.2 of Chapter 23 of the ASHRAE, Handbook, 1985 Fundamentals
Volume found in the codified version and the statutory baseline, to
page 23.2 of Chapter 23 of ASHRAE, Handbook, 1989 Fundamentals Volume.
This updated reference is not substantive in nature.
Section 402.1.2.1, Envelope Assemblies Containing Metal Framing.
The proposed rule would adopt Addendum 90.1g, which is not part of the
statutory baseline. Addendum 90.1g expands proposed Table 402.1.2.1b,
Parallel Path Correction Factors, Metal Framed Walls with Studs 16
Gauge or Lighter, to include metal studs and a larger variety of
insulation products in exterior wall framing. These technologies are
not required. The table is expanded to make it easier for builders to
use these technologies. See, Technical Support Document, page 9.
Section 402.1.2.4, Fenestration Assemblies. The proposed rule would
change the rating method for fenestration (windows and skylights) from
that used in the statutory baseline. The proposed Section 402.1.2.4,
which mirrors proposed ASHRAE Addendum f, differs from the statutory
baseline in two respects. First, the proposed rule would adopt the test
procedure of the National Fenestration Rating Council (NFRC), NFRC 100-
91, Procedure for Determining Fenestration Product Thermal Properties
(currently limited to thermal transmittance value). This test procedure
modifies the method of calculating the thermal transmittance of
fenestration assemblies (e.g., framing and glazing). Second, the
thermal transmittance values in Equation 402.1.2.3, referenced in the
proposed section, would be updated to reflect the new rating procedure
so that the minimum required window assemblies would be essentially the
same as those required under Standard 90.1-1989 using the old rating
method. See, Technical Support Document, pages 10-11.
The new testing procedure was developed by a consensus process
supported by the Department under section 121 of EPACT. The Department
is proposing to adopt the NFRC Test Procedure because this method
provides a more accurate measure of energy efficiency. In addition to
being the basis for proposed Addendum 90.1f to Standard 90.1-1989 now
under consideration by the ASHRAE Standing Standards Project Committee,
it is already referred to in Chapter 27 of the 1993 ASHRAE Handbook of
Fundamentals. As noted previously in Section II.D. above, proposed
Addendum f is not included in the codified version.
Section 402.4.1.2, Fenestration. The revised tables 402.4.1.1 on
maximum wall thermal transmittance overall and 402.4.1.2 on maximum
window wall ratio (WWR) were created using the new method of
calculating the thermal transmittance of fenestration described above.
These revised tables incorporate the changes in fenestration test
procedures and required thermal transmittance overall values specified
in Section 402.1.2.4.
Section 403.1, Mechanical Equipment Efficiency. The proposed rule
adopts the changes set forth in Addendum 90.1i, which are not part of
the statutory baseline. These changes update the Test Procedure column
in the HVAC Tables 403.1a through 403.1f, to reflect the latest
references in mechanical equipment efficiency test procedures to ensure
consistency with industry practice. Addendum 90.1i also changes the
required minimum cubic feet per minute (cfm) for variable-air-volume
(VAV) systems to 300 cfm in order to provide consistency with the
minimum requirements of Section 403.2.4, Ventilation and Fan System
Design (Addendum 90.1e) See, Technical Support Document, pages 12-14 .
Addendum 90.1e, which is part of the statutory baseline, permits
outside air intake to exceed the minimum levels established by Standard
90.1-1989, to increase indoor air quality and tenant comfort.
Subpart E, Building Energy Cost Compliance Alternative
This provision is part of the statutory baseline. It is
incorporated in the codified version of Standard 90.1-1989 by reference
only (see Section 102, Compliance). The language of this subpart has
been adopted in its entirety from the interim rule, with the exception
of paragraphs 11.2.3, 11.2.4 and 11.3.1 found in Sec. 435.111. The
language in paragraph 11.2.3, which is contained in Section 502.3 of
the proposed rule would be modified to make it more clear. The language
in paragraph 11.2.4 would be deleted because it is merely explanatory
in nature and does not include any regulatory requirements. The
language in paragraph 11.3.1, which is contained in Section 508.1 of
the proposed rule, has been modified to avoid confusion regarding which
energy supply sources the section applies to.
This subpart sets forth the requirements for using one of two
alternative methods of whole building performance compliance. This
alternative method is based on a comparison of expected local monthly
energy costs for the proposed building design (referred to as the
``design energy cost'') to the expected energy costs of a similar
building designed to just meet the specific requirements of subpart D
(referred to as the ``energy cost budget'').

[[Page 40889]]

Compliance is achieved when the estimated design energy cost is less
than or equal to the energy cost budget. Subpart E provides
instructions for determining the budget and for calculating energy
analysis of prototype or reference building designs configured to meet
the prescriptive or systems requirements of the standards.
The prototype or reference building design for the energy cost
budget (1) incorporates the minimum technical specifications in
proposed subpart D and (2) is based on the least expensive energy
source(s) (e.g. electricity, natural gas, or oil) for space and water
heating. The reference energy source(s) is not a requirement or
recommendation.
This approach allows a designer maximum flexibility in the design
process, while ensuring that the building is designed to have energy
cost no higher than costs under the other compliance paths. This path
provides an opportunity for the energy conservation benefits of
innovative designs, materials, and equipment to be used when they
cannot be evaluated adequately under either the prescriptive or system
performance procedures.
Subpart F, Building Energy Compliance Alternative
This subpart is not found in the statutory baseline or the codified
version of Standard 90.1-1989. The Building Energy Compliance
Alternative has been adopted in its entirety from the current interim
rule (See 10 CFR 435.112), with the exception of a portion of paragraph
12.1.7 from Sec. 435.112, which would be deleted to conform to 10 CFR
part 436. (See Proposed Section 601.7 ). The proposed rule would also
modify the language of paragraphs 12.3.2.1 and 12.7.1 from
Sec. 435.112, now contained in proposed Sections 603.2.1 and 607.1,
respectively. In the first instance, the modification would clarify the
language of the proposed section; in the latter instance, the
modification would conform the proposed section to part 436 and
simplify it. Finally, a portion of paragraph 12.7.1.4 from Sec. 435.112
would be deleted in order to make proposed Section 607.1.4 accurate.
This subpart provides an additional alternative path for compliance
with the proposed rule which is based on a comparison of total energy
use rather than energy costs as in subpart E. Compliance under this
subpart is demonstrated by showing that the calculated annual energy
usage for the proposed building design is equal to or less than a
calculated design energy use target based on just meeting the
requirements of subpart D.
A life-cycle cost economic analysis is required to evaluate both
the choice of energy source(s) and energy reduction strategies. Unlike
subpart E, this subpart requires the use of the energy source(s)
determined to have the lowest life-cycle cost. Fuel sources selected
for the proposed design and prototype or reference buildings are
determined by considering the energy costs and other costs and benefits
that occur during the expected economic life of the alternative. The
procedures set forth in subpart A of 10 CFR part 436 are used to make
the determination.
When the proposed design is compared to the prototype or reference
building, the same subsystems and fuel sources are used so that the
subsystems of each correspond. Life-cycle cost analysis is then used to
determine whether proposed features would be cost-effective to the
federal government. (Section IV of this preamble discusses federal
policies which promote the purchase of cost-effective energy efficiency
investments.)
Subpart G, Reference Standards
The proposed rule would adopt the reference section from the
codified version of Standard 90.1-1989 with several additions. Several
of these changes are described above. In addition, several references
to other building industry standards are being updated to be consistent
with the current version of those standards. These changed references
are: RS-4, ASHRAE, Handbook of Fundamentals, 1985 which was updated to
version 1989 and RS-48 which was updated to version 1993. Specifically,
added reference standards include: RS-43, NEMA MG 10-1983 (R 1988),
Energy Management Guide for Selection and Use of Polyphase Motors,
National Electrical Manufacturers Association, Washington, D.C. 20037;
RS-44, NEMA MG 11-1977 (R 1982, 1987), Energy Management Guide for
Selection and Use of Single-Phase Motors, National Electrical
Manufacturers Association, Washington, D.C. 20037; RS-45, ARI Standard
330-93, Ground-Source Closed Loop Heat Pumps, Air-Conditioning and
Refrigeration Institute, Arlington, Va. 22209; RS-46, ARI Standard 560-
92, Absorption Water Chilling and Water Heating Packages, Air-
Conditioning and Refrigeration Institute, Arlington, Va. 22209; RS-47,
ASHRAE, Handbook, 1991 Applications Volume, American Society of
Heating, Refrigerating, and Air-Conditioning Engineers, Atlanta, GA
30329; RS-48, ASHRAE, Handbook, 1993 Fundamentals Volume, American
Society of Heating, Refrigerating, and Air- Conditioning Engineers,
Atlanta, GA 30329; and RS-49, Codified Version of ASHRAE, Standard
90.1-1989, Energy Code For Commercial And High-Rise Residential
Buildings, including Addenda b, c, d, e, g, and i.

III. Consultation

In developing today's proposal, DOE has consulted with outside
parties, including state and local code officials, private sector
representatives, and other federal agencies, as required by sections
305(a)(1) of ECPA, as amended.

IV. Energy Impacts

Section 305(a)(2)(A) of ECPA, as amended, requires that the
proposed rule meet or exceed Standard 90.1-1989. As stated above, DOE
is interpreting the statutory reference to Standard 90.1-1989 to
include addenda in effect when EPACT was enacted. The proposed rule
includes all of the energy efficiency provisions in the statutory
baseline including the addenda in effect as of October 24, 1992. It
also includes the three addenda adopted since October 24, 1992 (Addenda
c, g and i), and lighting specifications that are not included in
either Standard 90.1-1989 or any of its addenda. Further, DOE proposes
requirements based upon proposed Addendum f.
Overall, the proposed rule, if adopted, for new federal buildings,
would reduce energy use by about 5 percent more than adoption of a rule
that meets the statutory baseline. The Department has determined that
Addenda g and i, addressing metal stud walls and HVAC performance
testing, respectively, as well as proposed Addendum f have no impact on
energy use. The Department estimates that Addendum c provides a 0.24
percent reduction in building energy use. This same reduction will be
realized nationwide as the electric motor standards of section 342 (b)
of the EPCA, as amended, take effect. The Department has also
determined that the proposed lighting standards will result in total
building energy use which is 4.7 percent less than that allowed by the
statutory baseline.
Even though today's proposed rule is more stringent than the
statutory baseline, two components of the proposed rule are likely to
result in an increase in allowed energy use as compared to the interim
rule. First, the interim rule does not include the new ventilation
standard found in the statutory baseline, Addendum e of Standard 90.1-
1989. Addendum 90.1e requires inclusion of capacity to provide more
fresh air to be brought into commercial buildings in order to improve
indoor air quality and occupant

[[Page 40890]]

comfort. The Department estimates that the additional energy needed to
heat, cool, dehumidify and move this additional outdoor air will
increase energy use under the proposed rule by 10 to 15 percent from
the energy requirements in the interim standard.
Second, for 27 of the 106 space types, the lighting requirements in
the proposed rule are less stringent than the 1993 lighting values in
the interim rule. The changes are unlikely, however, to have much
impact on energy use since the 1993 UPD values proved difficult to
implement for these 27 space types.
The energy estimates reported here are based on the minimum
specifications found in Subsection D of the proposed rule. Additional
cost-effective energy efficiency improvements in new federal commercial
buildings are facilitated by this rule through subparts E and F, the
alternative paths which provide a means of documenting the energy
savings and cost-effectiveness of more energy efficient building
designs. Pursuant to section 306 of ECPA, as amended, federal agencies
must adopt building standards which meet or exceed the standards of the
proposed rule. Utilization of the voluntary code format for this rule
would facilitate DOE's consideration and incorporation of new code
specifications. The Department is actively involved in the development
and analysis of a next-generation voluntary code for commercial
buildings.
Several existing programs and policies are also designed to reduce
energy use in new federal buildings beyond minimum specifications. The
proposed rule is specifically designed to work in conjunction with
existing efforts. The life cycle cost analysis provisions found in 10
CFR part 436 allow agencies to determine when additional or alternative
efficiency measures would provide net benefits in the form of energy
cost savings to ensure that measures selected under the alternative
paths are cost-effective to the Federal government. Section 306(a) of
Executive Order No. 12902 (59 FR 11463, March 8, 1994), ``Executive
Order on Energy Efficiency and Water Conservation at Federal
Facilities,'' specifically requires for new Federal facilities that,
``Each agency involved in the construction of a new facility * * *
shall: (1) Design and construct such facility to minimize the life
cycle cost of the facility by utilizing energy efficiency, water
conservation, or solar or other renewable energy technologies.'' It
also requires agencies to ``ensure that the design and construction of
facilities meet or exceed the energy performance standards applicable
to Federal residential or commercial buildings as set forth in 10 CFR
part 435, local building standards, or a Btu-per-gross square-foot
ceiling . . . whichever will result in a lower life cycle cost over the
life of the facility.'' Section 306(a)(2). Finally, this Executive
Order directs agencies to purchase equipment for buildings that are in
the upper 25 percent of energy efficiency for all similar products or
at least 10 percent more efficient than the minimum level that meets
Federal standards if they are cost-effective and to the extent
practicable. Section 507(a)(2). Programs within the Department's Office
of Codes and Standards and the Federal Energy Management Program
provide agencies with assistance in utilizing life-cycle cost analysis
and in identifying and procuring energy efficient shell and equipment
options for Federal buildings.

V. Technological Feasibility and Economic Justification

The standards proposed today are technologically feasible and cost
effective to the federal government as required by section 305(a)(1) of
ECPA, as amended. Those provisions included in the statutory baseline
have been part of recommended professional practice since at least
October 1992. Addenda adopted or proposed by ASHRAE and IES since EPACT
was enacted (Addenda 90.1c, f, g, and i addressing motors,
fenestration, metal framing in the building envelope, and heating and
cooling equipment test procedures, respectively) will be addressed
specifically to explain their technological feasibility and cost
effectiveness.
Addendum 90.1c, regarding motors was developed in cooperation with
the National Electrical Manufacturers Association and is based on its
standards. Motors covered by this criteria are currently being actively
marketed by manufacturers and regularly incorporated as cost effective
retrofit measures in utility demand side management programs. See,
Technical Support Document, page 3. Section 342(b) of EPCA, as amended,
governs the efficiency of motors manufactured after October 1997.
Discussions with manufacturers lead DOE to believe that these products
will be cost effective for all new federal buildings at the time this
rule would become effective.
Proposed Addendum 90.1f modifies the method of calculating the
thermal transmittance of fenestration assemblies based on the National
Fenestration Rating Council's procedures for determining fenestration
thermal performance. Over 12,000 products have been certified using
this procedure. Hence, the Department believes that these procedures
are technologically feasible. Furthermore, DOE believes that the U-
values specified in the proposed rule based on Addendum f would not
change the types of windows from those required by Standard 90.1-1989.
A review of the National Fenestration Products Rating Council Certified
Product Directory leads DOE to conclude that the proposed changes will
not require a change in fenestration from the statutory baseline. See,
Technical Support Document, pages 10-11.
Addendum 90.1g, expands proposed Table 402.1.2.1b, Parallel Path
Correction Factors, Metal Framed Walls with Studs 16 Gauge or Lighter,
to include a larger variety of available types of metal studs, spacing
of framing members and cavity insulation values which are being used
for exterior walls. This was done in light of recent increased interest
in metal shed construction. The proposed rule only permits the use of
metal studs if the exterior wall is properly insulated; it does not
require the use of this technology. The Department believes this
technology will be used only in cases where the builder finds it is
cost effective to do so. See, Technical Support Document, pages 8-9.
Addendum 90.1i updates the test procedures for heating and cooling
equipment. Their adoption by equipment manufacturers demonstrates their
technological feasibility. Furthermore, since these are established
testing procedures used by industry, DOE believes their inclusion in
the proposed rule will have no impact on cost. In addition, Addendum
90.1i specifies minimum air changes per hour under various
circumstances. DOE believes this will not increase energy use beyond
the statutory baseline since Addendum e, adopted prior to October 24,
1992 already allowed this practice. See, Technical Support Document,
pages 12-14.
The proposed rule adopts those 1993 lighting specifications that
proved to be both technologically feasible and cost-effective. (See
Appendix of the TSD). For each of the 79 space/area types for which the
Department is proposing to use the 1993 UPD values from the interim
rule, these values proved to be both technologically feasible and cost-
effective to the federal government. For each of the 27 space/area
types for which the Department is proposing to use the 1989 values from
the interim rule (identical to the statutory baseline),

[[Page 40891]]

the Department's analysis indicated potential technical difficulties in
using the 1993 UPD values while retaining adequate lighting levels for
the relevant tasks. In determining the cost-effectiveness of the
lighting provisions, the original analysis was adjusted to reflect the
estimated lower cost of electricity to the federal government. See,
Technical Support Document, pages 3-7.

VI. Measures Concerning Radon and Other Indoor Air Pollutants

Section 305(a)(2)(C) of ECPA, as amended, requires the Department
to consider, where appropriate, measures with regard to radon and other
indoor air pollutants. The Department has consulted with the
Environmental Protection Agency and determined that there are no radon
standards applicable to the types of buildings covered by the proposed
rule.
Ventilation is the only proposed change that has an effect on
indoor air quality and thus, on habitability. The proposed rule,
through its inclusion of Addendum 90.1e, would adopt the minimum
ventilation rates specified by ASHRAE Standard 62-1989, entitled
``Ventilation for Acceptable Indoor Air Quality,'' effectively
increasing ventilation in new federal buildings. Improving building
ventilation conditions by adjustments to mechanical systems is widely
used as a generic mitigation practice for indoor air quality problems.
It is widely assumed that such adjustments increase ventilation rates
and as a consequence decrease contaminant concentrations, reduce
dissatisfaction with air quality and reduce symptom prevalence. A range
of experimental and epidemiological studies have been carried out to
evaluate these relationships. However, these study results are in
dispute.

VII. Findings and Certification

A. Federalism Review

Executive Order 12612, 52 FR 41685 (October 30, 1987), requires
that regulations, rules, legislation, and any other policy actions be
reviewed for any substantial direct effects on states, on the
relationship between the Federal government and the States, or in the
distribution of power and responsibilities among various levels of
government. If there are substantial effects, then the Executive Order
requires preparation of a federalism assessment to be used in all
decisions involved in promulgating and implementing policy action.
This proposed rule would establish standards for new federal
commercial and multi-family high rise residential buildings. It does
not impose any requirements on State governments. Therefore, the
Department finds that today's proposed rule, if finalized, will not
have a substantial direct effect on State governments and, therefore, a
federalism assessment has not been prepared.

B. Review Under Executive Order on Promulgating Regulations 12988

Section 3 of Executive Order 12988, 61 FR 4729 (February 7, 1996),
instructs each agency to adhere to certain requirements in promulgating
new regulations. These requirements, set forth in section 3 (a) and
(b), include eliminating drafting errors and needless ambiguity,
drafting the regulations to minimize litigation, providing clear and
certain legal standards for affected legal conduct, and promoting
simplification and burden reduction. Agencies are also instructed to
make every reasonable effort to ensure that the regulation describes
any administrative proceeding to be available prior to judicial review
and any provisions for the exhaustion of administrative remedies. The
Department certifies that the proposed rule meets the requirements of
section 3(a) and (b) of Executive Order 12988.

C. Regulatory Planning and Review

This regulatory action has been determined to be a significant
regulatory action under Executive Order No. 12866, 58 FR 51735 (October
4, 1993), but not economically significant. Accordingly, today's action
was subject to review under the Executive Order by the Office of
Information and Regulatory Affairs (OIRA) and OIRA has completed its
review.

D. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, requires
that an agency prepare an initial regulatory flexibility analysis and
that it be published at the time of publication of general notice of
proposed rulemaking for the rule. This requirement does not apply if
the agency ``certifies that the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' (5 U.S.C. 605).
The proposed rule only imposes requirements on the Federal
government for the construction of new Federal commercial and multi-
family high rise residential buildings. Therefore, the Department
certifies that this rule, if promulgated, would not have a significant
economic impact on a substantial number of small entities.

E. Review Under the National Environmental Policy Act

In issuing the interim rule, the Department prepared an
Environmental Assessment (EA) of the interim standards for Federal
commercial and multi-family high rise residential buildings. The EA
concluded that the effect of the proposed standards on a building's
habitability as well as on the outdoor environment, the economy and
Federal institutions, would be very small. Thus, environmental effects
from standards proposed for a minimum level of energy efficiency for
new Federal and commercial multi-family high rise residential buildings
were determined not to be a major Federal action significantly
affecting the quality of the human environment, under the meaning of
the National Environmental Policy Act. A Finding of No Significant
Impact (FONSI) was issued by DOE on November 3, 1986. The FONSI was
then published along with the proposed rule in 52 FR 17052, 17064 (May
6, 1987) and referenced in the interim rule in 54 FR 4551 (January 30,
1989).
The 1989 interim rule that established building energy efficiency
standards was mandatory for federal buildings and voluntary for all
others. This proposed rule addresses solely federal construction, which
represents only 2 percent of total new construction nationwide, and
does not include voluntary standards for non-federal construction.
The proposed rule would change energy consumption as compared to
the interim rule in the areas of lighting, motors, and HVAC. In
conducting the environmental analysis for this proposed rule, the
Department found that the proposed changes would produce a 4.7 percent
reduction in building energy consumption compared to the 1989 lighting
criteria in the interim rule. The proposed rule would also produce a
0.24 percent reduction in building energy consumption due to the
proposed efficiency requirements of motors as compared to the interim
rule. The proposed rule, however, could increase energy use by 10-15
percent, because of the additional HVAC requirements of Addendum 90.1e,
as compared to the interim rule. The net result would be an approximate
5-10 percent increase in total building energy use as compared to the
interim rule with the 1989 lighting levels. Since federal construction
represents only 2 percent of the total new commercial and multi-family
high-rise construction nationally,

[[Page 40892]]

the increase in energy consumption nationally would be negligible.
The Department believes that a minimum environmental impact would
result from this proposed rule. Further, such effects would fall within
the range of impacts that are analyzed in the interim rule's EA. These
effects are determined not to be significant in the FONSI published in
1987. Accordingly, DOE determines that after all the environmental
effects of the proposed rule are considered, this proposed rule is
bounded by the analysis in the EA. Therefore, the preparation of a new
EA or an environmental impact statement is not required.

F. Environmental Protection Agency Review

As required by the Federal Energy Administration Act of 1974, 15
U.S.C. 766 (a)(1), a copy of this proposed rule was submitted to the
Administrator of the Environmental Protection Agency for comments on
the impact of the proposed rule on the quality of the environment.

G. Paperwork Reduction Act Review

This proposed rule was examined with respect to the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., which directs agencies to
minimize Federal information collection and reporting burdens imposed
on individuals, small businesses, and State and local governments.
This proposed rule would establish requirements for the design of
new Federal commercial and multi-family high rise buildings. It does
not impose requirements for the collection or reporting of information
to the Federal Government. Accordingly, clearance under the Paperwork
Reduction Act of 1980 is not required by the Office of Information and
Regulatory Affairs of the Office of Management and Budget.

H. Unfunded Mandates Reform Act Review

Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more (adjusted annually for inflation) in any one year. The
requirements do not apply if the rule incorporates regulatory
requirements that are specifically set forth in law. See 2 U.S.C. 1531,
1532.
Furthermore, section 204(a) of the Act, 2 U.S.C. 1534(a), requires
the Federal agency to develop an effective process to permit timely
input by elected officers (or their designees) of State, local, and
tribal governments on a proposed ``significant intergovernmental
mandate.'' A ``significant intergovernmental mandate'' under the Act is
any provision in a Federal agency regulation that: (1) Would impose an
enforceable duty upon State, local, or tribal governments (except as a
condition of Federal assistance); and (2) may result in the expenditure
by State, local, and tribal governments, in the aggregate, of $100
million (adjusted annually for inflation) in any one year. Section 203
of the Act, which supplements section 204(a), provides that before
establishing any regulatory requirements that might significantly or
uniquely affect small governments, the agency shall have developed a
plan that, among other things, provides for notice to potentially
affected small governments, if any, and for a meaningful and timely
opportunity to provide input in the development of regulatory
proposals. 2 U.S.C. 1533.
The rule proposed today would establish building energy efficiency
standards for new Federal commercial and multi-family high rise
residential buildings pursuant to section 305(a) of the Energy
Conservation and Production Act, as amended. 42 U.S.C. 6834(a). It does
not include any Federal requirements that would result in the
expenditure of money by State, local, and tribal governments.
Therefore, the requirements of the Unfunded Mandates Reform Act of 1995
do not apply to this rulemaking.

I. Review under Section 32 of the Federal Energy Administration
Authorization Act

Pursuant to section 301 of the Department of Energy Organization
Act (Pub. L. 95-91), the Department of Energy is required to comply
with section 32 of the Federal Energy Administration Act of 1974, as
amended by section 9 of the Federal Energy Administration Authorization
Act of 1977. The findings required of the Department of Energy by
section 32 serve to notify the public regarding the use of commercial
standards in a proposal and through the rulemaking process. It allows
interested persons to make known their views regarding the
appropriateness of the use of any particular commercial standard in a
notice of proposed rulemaking. Section 32 also requires that the
Department of Energy consult with the Attorney General and the Chairman
of the Federal Trade Commission concerning the impacts of such
standards on competition.
Today's proposed rule adopts, in significant part, the codified
version of Standard 90.1-1989, including six addenda adopted by ASHRAE/
IES. They are: Addenda b, c, d, e, g, and i. In addition, the proposed
rule contains other industry reference standards and sources. They are:
ASHRAE, Handbook, 1989, 1993, Fundamentals Volumes, American Society of
Heating, Refrigerating, and Air-Conditioning Engineers, Atlanta, GA.
30329; National Fenestration Rating Council (NFRC) 100-91, Procedure
for Determining Fenestration Product Thermal Properties, Silver Spring,
MD, 20910; NEMA MG 10-1983 (R 1988), Energy Management Guide for
Selection and Use of Polyphase Motors, National Electrical
Manufacturers Association, Washington, DC 20037; NEMA MG 11-1977 (R
1982, 1987), Energy Management Guide for Selection and Use of Single-
Phase Motors, National Electrical Manufacturers Association,
Washington,DC, 20037; ARI Standard 330-93, Ground-Source Closed Loop
Heat Pumps, Air-Conditioning and Refrigeration Institute, Arlington,Va.
22209; ARI Standard 560-92, Absorption Water Chilling and Water Heating
Packages, Air-Conditioning and Refrigeration Institute, Arlington, Va.
22209; and ASHRAE Handbook, 1991 Applications Volume, American Society
of Heating, Refrigerating, and Air-Conditioning Engineers, Atlanta, GA
30329.
The Department of Energy has evaluated the promulgation of the
above standards with regard to compliance with section 32(b). The
Department is unable to conclude whether these standards fully comply
with the requirements of section 32(b), i.e., that they were developed
in a manner which fully provided for public participation, comment, and
review. Therefore, DOE now invites public comment on the
appropriateness of incorporating these industry standards in its final
rule. As required by section 32(c), DOE will consult with the Attorney
General and the Chairman of the Federal Trade Commission concerning the
impact of these standards on competition, prior to issuing a notice of
Final Rulemaking.

VIII. Public Comment Procedures

A. Participation in Rulemaking

The Department encourages the maximum level of public participation
in this rulemaking. Individuals, Federal agencies, architects,
engineers, utilities, States and local governments, building

[[Page 40893]]

code organizations, builders, builder associations, building owners,
building owner association, consumers, and others are urged to submit
written data, views, or comments on the proposal. Whenever applicable,
full supporting rationale, data and detailed analyses should also be
submitted. The Department also encourages interested persons to
participate in the public hearing to be held in Washington, DC, at the
time and place indicated in this Notice.
The Department has established a comment period of 90 days
following publication of this notice during which interested persons
may comment on this proposal. All comments will be available for review
in the Department's Freedom of Information Reading Room.

B. Written Comment Procedures

Written comments (ten copies) should be submitted to the address
indicated in the ADDRESSES section of this notice and must be received
by the time and date indicated in the DATES section of this notice.
Comments should be identified on both the outside of the envelope and
on the documents themselves with the designation, ``Energy Code for New
Federal Commercial and Multi-Family High Rise Residential Buildings
(Docket No. EE-RM-79-112-C).'' In the event any person wishing to
provide written comments cannot provide ten copies, alternative
arrangements can be made in advance with DOE by calling.
All comments received on or before the date specified at the
beginning of this notice and other relevant information will be
considered by DOE before final action is taken on the proposed rule.
All written comments will be available for examination in the Rule
Docket File in the Department's Freedom of Information Office Reading
Room at the address provided at the beginning of this notice both
before and after the closing date for comments. In addition, a
transcript of the proceedings of the public hearings will be filed in
the docket.
Pursuant to the provisions of 10 CFR 1004.11, any person submitting
information or data that is believed to be confidential, and which may
be exempt by law from public disclosure, should submit one complete
copy, and two copies from which the information claimed to be
confidential has been deleted. The Department will make its own
determination of any such claim and treat it according to its
determination.

C. Public Hearing Procedures

1. Procedure for Submitting Requests to Speak
In order to have the benefit of a broad range of public viewpoints
in this rulemaking, the Department will hold a public hearing at the
time and place indicated in the DATES and ADDRESSES sections of this
notice. Any person who has an interest in the proposed rule or who is a
representative of a group or class of persons that has an interest in
the proposed rule may request an opportunity to make an oral
presentation. Requests to speak should be sent to the address or phone
number indicated in the ADDRESSES section of this notice and received
by the time specified in the DATES section of this notice.
The persons making the request should briefly describe his or her
interest in the proceedings and, if appropriate, state why that person
is a proper representative of the group or class of persons that has
such an interest. The person also should provide a telephone number
where they may be contacted during the day. Each person selected to
speak at a public hearing will be notified by the DOE as to the
approximate time that they will be speaking. They should bring ten
copies of their statement to the hearing. In the event any person
wishing to testify cannot meet this requirement, alternative
arrangements can be made in advance with DOE.
2. Conduct of Hearing
The DOE reserves the right to select persons to be heard at the
hearings, to schedule their presentations, and to establish procedures
governing the conduct of the hearing. The length of each presentation
is limited to ten minutes, or based on the number of persons requesting
to speak.
A Department official will preside at the hearing. The hearing will
not be a judicial or evidentiary-type hearing, but will be conducted in
accordance with 5 U.S.C. 553 and section 501 of the Department of
Energy Organization Act, 42 U.S.C. 7191. At the conclusion of all
initial oral statements, each person will be given the opportunity to
make a rebuttal statement. The rebuttal statements will be given in the
order in which the initial statements were made.
Questions may be asked only by those conducting the hearing. Any
interested person may submit to the presiding official written
questions to be asked of any person making a statement at the hearing.
The presiding official will determine whether the question is relevant
or whether time limitations permit it to be presented for a response.
Any further procedural rules needed for the proper conduct of the
hearing will be announced by the Presiding Officer at the hearing.

If DOE must cancel the public hearing, DOE will make every effort
to publish an advance notice of such cancellation in the Federal
Register. Actual notice of cancellation will also be given to all
persons scheduled to speak. The hearing date may be cancelled in the
event no member of the public requests the opportunity to make an oral
presentation.

List of subjects in 10 CFR Parts 434 and 435

Buildings, Energy conservation, Engineers, Federal buildings and
facilities.

Issued in Washington, DC, on July, 1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

For the reasons set forth in the preamble, Chapter II of Title 10
of the Code of Federal Regulations is proposed to be amended as set
forth below:

PART 435--ENERGY CONSERVATION VOLUNTARY PERFORMANCE STANDARDS FOR
NEW BUILDINGS; MANDATORY FOR FEDERAL BUILDINGS

1. The authority citation for part 435 is revised to read as
follows:

Authority: 42 USC 6831-6832; 6834-6836; 42 USC 8253-54; 42 USC
7101 et seq.

Secs. 435.97 through 435.112 (Subpart A) [Removed and reserved]

2. Subpart A (Secs. 435.97 through 435.112) to part 435 is removed
and reserved.

3. A new part 434 is added to Chapter II of Title 10 to read as set
forth below:

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

Sec.
434.99 Explanation of numbering system for codes.

Subpart A--Administration and Enforcement--General

434.100 Purpose.
434.101 Scope.
434.102 Compliance.
434.103 Referenced standards (RS).
434.105 Materials and equipment.

Subpart B--Definitions

434.201 Definitions.

[[Page 40894]]

Subpart C--Design Conditions

434.301 Design Criteria.

Subpart D--Building Design Requirements--Electric Systems and Equipment
434.401 Electrical power and lighting systems.
434.402 Building envelope assemblies and materials.
434.403 Building mechanical systems and equipment.
434.404 Building service systems and equipment.

Subpart E--Building Energy Cost Compliance Alternative.

434.501 General.
434.502 Determination of the annual energy cost budget.
434.503 Prototype building procedure.
434.504 Use of the prototype building to determine the energy cost
budget.
434.505 Reference building method.
434.506 Use of the reference building to determine the energy cost
budget.
434.507 Calculation procedure and simulation tool.
434.508 Determination of the design energy consumption and design
energy cost.
434.509 Compliance.
434.510 Standard calculation procedure.
434.511 Orientation and shape.
434.512 Internal loads.
434.513 Occupancy.
434.514 Lighting.
434.515 Receptacles.
434.516 Building exterior envelope.
434.517 HVAC systems and equipment.
434.518 Service water heating.
434.519 Controls.
434.520 Speculative buildings.
434.521 The simulation tool.

Subpart F--Building Energy Compliance Alternative

434.601 General.
434.602 Determination of the annual energy budget.
434.603 Determination of the design energy use.
434.604 Compliance.
434.605 Standard calculation procedure.
434.606 Simulation tool.
434.607 Life cycle cost analysis criteria.

Subpart G--Reference Standards

434.701 General.

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

Sec. 434.99 Explanation of numbering system for codes.

(a) For purposes of this part, a derivative of two different
numbering systems will be used.
(1) For the purpose of designating a section, the system employed
in the Code of Federal Regulations (CFR) will be employed. The number
``434'' which signifies Part 434 in Chapter II of Title 10, Code of
Federal Regulations, is used as a prefix for all section headings. The
suffix is a two or three digit section number. For example the lighting
section of the standards is designated Sec. 434.401.
(2) Within each section, a numbering system common to many national
voluntary consensus standards is used. A decimal system is used to
denote paragraphs and subparagraphs within a section. For example, in
Sec. 434.401, ``401.2.1'' refers to subsection 401, paragraph 2,
subparagraph 1.
(b) The hybrid numbering system is used for two purposes:
(1) The use of the Code of Federal Regulation's numbering system
allows the researcher using the CFR easy access to the standards.
(2) The use of the second system allows the builder, designer,
architect or engineer easy access because they are familiar to this
system numbering. This system was chosen because of its commonality
among the building industry.

Subpart A--Administration and Enforcement--General

Sec. 434.100 Purpose.

The provisions of this part provide minimum standards for energy
efficiency for the design of new Federal commercial and multi-family
high rise residential buildings. The performance standards are designed
to achieve the maximum practicable improvements in energy efficiency
and increases in the use of non-depletable sources of energy.

Sec. 434.101 Scope.

101.1 This part provides design requirements for the building
envelope, electrical distribution systems and equipment for electric
power, lighting, heating, ventilating, air conditioning, service water
heating and energy management. It applies to new Federal multi-family
high rise residential buildings and new Federal commercial buildings.
The following are not covered:
101.1.1 Buildings, or portions thereof separated from the
remainder of the building, that have a peak energy usage for space
conditioning, service water heating, and lighting of less than 3.5 Btu/
(hft2) of gross floor area.
101.1.2 Buildings of less than 100 square feet of gross floor
area.
101.1.3 Heating, cooling, ventilating, or service hot water
requirements for those spaces where processes occur for purposes other
than occupant comfort and sanitation, and which impose thermal loads in
excess of 5% of the loads that would otherwise be required for occupant
comfort and sanitation without the process;
101.1.4 Envelope requirements for those spaces where heating or
cooling requirements are excepted in subsection 101.1.3 of this
section.
101.1.5 Lighting for tasks not listed or encompassed by areas or
activities listed in Table 514.1.1.
101.1.6 Buildings that are composed entirely of spaces listed in
subsections 101.1.1 and 101.1.3.
101.2 A Federal agency may use this section to include any
additions, renovations, repairs, replacements, and/or remodeling in the
scope of the code and reference existing procedures in their building
or administrative code to cover this application.

Sec. 434.102 Compliance.

102.1 A covered building must be designed and constructed
consistent with the provisions of this part.
102.2 Buildings designed and constructed to meet the alternative
requirements of subparts E or F shall be deemed to satisfy the
requirements of this part. Such designs shall be certified by a
registered architect or engineer stating that the estimated energy cost
or energy use for the building as designed is no greater than the
energy cost or energy use of a prototype building or reference building
as determined pursuant to subparts E or F of this part.

Sec. 434.103 Referenced standards (RS).

103.1 The standards, technical handbooks, papers and regulations
listed in Sec. 434.701, shall be considered part of this part to the
prescribed extent of such reference. Where differences occur between
the provisions of this part and referenced standards, the provisions of
this part shall apply. Whenever a reference is made in this part to an
RS standard it refers to the standards listed in Sec. 434.701.

Sec. 434.105 Materials and equipment.

105.1 Building materials and equipment shall be identified in
designs in a manner that will allow for a determination of their
compliance with the applicable provisions of this part.

Subpart B--Definitions

Sec. 434.201 Definitions.

For the purposes of this part, the following terms, phrases, and
words shall be defined as provided:
Accessible (as applied to equipment): Admitting close approach; not
guarded by locked doors, elevations, or other effective means. (See
also ``readily accessible'')
Annual Fuel Utilization Efficiency (AFUE): The ratio of annual
output energy to annual input energy that includes any non-heating
season pilot input loss.

[[Page 40895]]

Area of the space (A): The horizontal lighted area of a given space
measured from the inside of the perimeter walls or partitions, at the
height of the working surface.
Automatic: Self-acting, operating by its own mechanism when
actuated by some impersonal influence, such as a change in current
strength, pressure, temperature, or mechanical configuration. (See also
``manual'')
Automatic flue damper device: An electrically operated device, in
the flue outlet or in the inlet of or upstream of the draft hood of an
individual automatically operated gas-fired appliance, which is
designed to automatically open the flue outlet during appliance
operation and to automatically close off the flue outlet when the
appliance is in a standby condition.
Automatic vent damper device: A device intended for installation in
the venting system, in the outlet of or downstream of the appliance
draft hood, of an individual automatically operated gas-fired
appliance, which is designed to automatically open the venting system
when the appliance is in operation and to automatically close off the
venting system when the appliance is in a standby or shutdown
condition.
(1) Electrically operated: an automatic vent damper device that
employs electrical energy to control the device.
(2) Thermally actuated: an automatic vent damper device dependent
for operation exclusively upon the direct conversion of the thermal
energy of the vent gases into mechanical energy.
Boiler capacity: The rated heat output of the boiler, in Btu/h, at
the design inlet and outlet conditions and rated fuel ro energy input.
Building Code: means a legal instrument which is in effect in a
state or unit of general purpose local government, the provisions of
which must be adhered to if a building is to be considered to be in
conformance with law and suitable for occupancy and use.
Building envelope: The elements of a building that enclose
conditioned spaces through which thermal energy may be transferred to
or from the exterior or to or from unconditioned spaces.
Check metering: Measurement instrumentation for the supplementary
monitoring of energy consumption (electric, gas, oil, etc) to isolate
the various categories of energy use to permit conservation and
control, in addition to the revenue metering furnished by the utility.
Coefficient of performance (COP)--Cooling: The ratio of the rate of
heat removal to the rate of energy input, in consistent units, for a
complete cooling system or factory assembled equipment, as tested under
a nationally recognized standard or designated operating conditions.
Coefficient of performance (COP), heat pump--Heating: The ratio of
the rate of heat delivered to the rate of energy input, in consistent
units, for a complete heat pump system under designated operating
conditions.
Commercial building: A building other than a residential building,
including any building developed for industrial or public purposes.
Including but not limited to occupancies for assembly, business,
education, institutions, food sales and service, merchants, and
storage.
Conditioned floor area: The area of the conditioned space measured
at floor level from the interior surfaces of the walls.
Conditioned space: A cooled space, heated space, or indirectly
conditioned space.
Cooled space: An enclosed space within a building that is cooled by
a cooling system whose sensible capacity:
(1) Exceeds 5 Btu/(hft \2\); or
(2) Is capable of maintaining a space dry bulb temperature of
90 deg.F or less at design cooling conditions.
Daylight sensing control (DS): A device that automatically
regulates the power input to electric lighting near the fenestration to
maintain the desired workplace illumination, thus taking advantage of
direct or indirect sunlight.
Daylighted space: The space bounded by vertical planes rising from
the boundaries of the daylighted area on the floor to the floor or roof
above. Daylighted zone:
(1) Under skylights: the area under each skylight whose horizontal
dimension in each direction is equal to the skylight dimension in that
direction plus either the floor-to- ceiling height or the dimension to
an opaque partition, or one-half the distance to an adjacent skylight
or vertical glazing, whichever is least.
(2) At vertical glazing: the area adjacent to vertical glazing that
receives daylighting from the glazing. For purposes of this definition
and unless more detailed daylighting analysis is provided, the
daylighting zone depth is assumed to extend into the space a distance
of 15 ft or to the nearest opaque partition, whichever is less. The
daylighting zone width is assumed to be the width of the window plus
either 2 ft on each side, the distance to an opaque partition, or one
half the distance to an adjacent skylight or vertical glazing,
whichever is least.
Dead band (dead zone): The range of values within which an input
variable that can be varied without initiating any noticeable change in
the output variable.
Degree-day, cooling: A unit, based upon temperature difference and
time, used in estimating cooling energy consumption. For any one day,
when the mean temperature is more than a reference temperature,
typically 65 deg.F, there are as many degree-days as degrees Fahrenheit
temperature difference between the mean temperature for the day and the
reference temperature. Annual cooling degree-days (CDD) are the sum of
the degree-days over a calendar year.
Degree-day, heating: A unit, based upon temperature difference and
time, used in estimating heating energy consumption. For any one day,
when the mean temperature is less than a reference temperature,
typically 65 deg.F, there are as many degree-days as degrees Fahrenheit
temperature difference between the mean temperature for the day and the
reference temperature. Annual heating degree days (HDD) are the sum of
the degree-days over a calendar year.
Dwelling unit: A single housekeeping unit comprised of one or more
rooms providing complete independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating,
cooking, and sanitation.
Economizer, air: A ducting arrangement and automatic control system
that allows a cooling supply fan system to supply outdoor (outside) air
to reduce or eliminate the need for mechanical refrigeration during
mild or cold weather.
Economizer, water: A system by which the supply air of a cooling
system is cooled directly or indirectly or both by evaporation of water
or by other appropriate fluid in order to reduce or eliminate the need
for mechanical refrigeration.
Efficiency, HVAC system: The ratio of the useful energy output, at
the point of use to the energy input in consistent units, for a
designated time period, expressed in percent.
Emergency system (back-up system): A system that exists for the
purpose of operating in the event of failure of a primary system.
Emergency use: Electrical and lighting systems required to supply power
automatically for illumination and equipment in the event of a failure
of the normal power supply.
Energy efficiency ratio (EER): The ratio of net equipment cooling
capacity in Btu/h to total rate of electric input in

[[Page 40896]]

watts under designated operating conditions. When consistent units are
used, this ratio becomes equal to COP. (See also ``coefficient of
performance''.)
Fan system energy demand: The sum of the demand of all fans that
are required to operate at design conditions to supply air from the
heating or cooling source to the conditioned space(s) and return it
back to the source or exhaust it to the outdoors.
Federal Agency: Means any department, agency, corporation, or other
entity or instrumentality of the executive branch of the Federal
government, including the United States Postal Service, the Federal
National Mortgage Association, and the Federal Home Loan Mortgage
Corporation.
Federal Building: Means any building to be constructed by, or for
the use of, any Federal Agency which is not legally subject to State or
local building codes or similar requirements.
Fenestration: Any light-transmitting section in a building wall or
roof. The fenestration includes glazing material (which may be glass or
plastic), framing (mullions, muntins, and dividers), external shading
devices, internal shading devices, and integral (between glass) shading
devices.
Fenestration area: The total area of fenestration measured using
the rough opening and including the glass or plastic, sash, and frame.
Flue damper: A device, in the flue outlet or in the inlet of or
upstream of the draft hood of an individual automatically operated gas-
fired appliance, which is designed to automatically open the flue
outlet during appliance operation and to automatically close off the
flue outlet when the appliance is in a standby condition.
Gross floor area: The sum of the floor areas of the conditioned
spaces within the building, including basements, mezzanine and
intermediate-floor tiers, and penthouses of headroom height 7.5 ft or
greater. It is measured from the exterior faces of exterior walls or
from the centerline of walls separating buildings (excluding covered
walkways, open roofed-over areas, porches and similar spaces, pipe
trenches, exterior terraces or steps, chimneys, roof overhangs, and
similar features).
Gross lighted area (GLA): The sum of the total lighted areas of a
building measured from the inside of the perimeter walls for each floor
of the building.
Heat capacity (HC): The amount of heat necessary to raise the
temperature of a given mass 1 deg.F. Numerically, the mass expressed
per unit of wall surface multiplied by the specific heat Btu/
(ft2\ deg.F).
Heat trap: Device or piping arrangement that effectively restricts
the natural tendency of hot water to rise in vertical pipes during
standby periods. Examples are the U-shaped arrangement of elbows or a
360-degree loop of tubing.
Heated space: An enclosed space within a building that is heated by
a heating system whose output capacity
(1) Exceeds 10 Btu/(h\ft2), or
(2) Is capable of maintaining a space dry-bulb temperature of
50 deg.F or more at design heating conditions.
Heating seasonal performance factor (HSPF): The total heating
output of a heat pump during its normal annual usage period for
heating, in Btu, divided by the total electric energy input during the
same period, in watt-hours.
High rise residential building: Hotels, motels, apartments,
condominiums, dormitories, barracks, and other residential-type
facilities that provide complete housekeeping or transient living
quarters and are over three stories in height above grade.
Humidistat: An automatic control device responsive to changes in
humidity.
HVAC system: The equipment, distribution network, and terminals
that provide either collectively or individually the processes of
heating, ventilating, or air conditioning to a building.
Indirectly conditioned space: An enclosed space within the building
that is not a heated or cooled space, whose area-weighted heat transfer
coefficient to heated or cooled spaces exceeds that to the outdoors or
to unconditioned spaces; or through which air from heated or cooled
spaces is transferred at a rate exceeding three air changes per hour.
(See also ``heated space'', ``cooled space'', and ``unconditioned
space''.)
Infiltration: The uncontrolled inward air leakage through cracks
and crevices in any building element and around windows and doors of a
building.
Integrated part-load value (IPLV): A single-number figure of merit
based on part-load EER or COP expressing part-load efficiency for air-
conditioning and heat pump equipment on the basis of weighted operation
at various load capacities for the equipment.
Lumen maintenance control: A device that senses the illumination
level and causes an increase or decrease of illuminance to maintain a
preset illumination level.
Manual: Action requiring personal intervention for its control. As
applied to an electric controller, manual control does not necessarily
imply a manual controller but only that personal intervention is
necessary. (See automatic.)
Marked rating: The design load operating conditions of a device as
shown by the manufacturer on the nameplate or otherwise marked on the
device.
Multi-family high rise residential: A residential building
containing three or more dwelling units and is designed to be 3 or more
stories above grade.
Occupancy sensor: A device that detects the presence or absence of
people within an area and causes any combination of lighting,
equipment, or appliances to be adjusted accordingly.
Opaque areas: All exposed areas of a building envelope that enclose
conditioned space except fenestration areas and building service
openings such as vents and grilles.
Orientation: The directional placement of a building on a building
site with reference to the building's longest horizontal axis or, if
there is no longest horizontal axis, then with reference to the
designated main entrance.
Outdoor air: Air taken from the exterior of the building that has
not been previously circulated through the building. (See ``ventilation
air'')
Ozone depletion factor: A relative measure of the potency of
chemicals in depleting stratospheric ozone. The ozone depletion factor
potential depends upon the chlorine and the bromine content and
atmospheric lifetime of the chemical. The depletion factor potential is
normalized such that the factor for CFC-11 is set equal to unity and
the factors for the other chemicals indicate their potential relative
to CFC-11.
Packaged terminal air conditioner (PTAC): A factory-selected wall
sleeve and separate unencased combination of heating and cooling
components, assemblies, or sections (intended for mounting through the
wall to serve a single room or zone). It includes heating capability by
hot water, steam, or electricity.
Packaged terminal heat pump: A PTAC capable of using the
refrigeration system in a reverse cycle or heat pump mode to provide
heat.
Plenum: An enclosure that is part of the air-handling system and is
distinguished by having a very low air velocity. A plenum often is
formed in part or in total by portions of the building.
Private driveways, walkways, and parking lots: Exterior transit
areas that are associated with a commercial or residential building and
intended for use solely by the employees or tenants and not by the
general public.

[[Page 40897]]

Process energy: Energy consumed in support of a manufacturing,
industrial, or commercial process other than the maintenance of comfort
and amenities for the occupants of a building.
Process load: The calculated or measured time-integrated load on a
building resulting from the consumption or release of process energy.
Programmable: Capable of being preset to certain conditions and
having self-initiation to change to those conditions.
Projection factor: The exterior horizontal shading projection depth
divided by the sum of the height of the fenestration and the distance
from the top of the fenestration to the bottom of the external shading
projection in units consistent with the projection depth.
Prototype building: A generic building design of the same size and
occupancy type as the proposed design that complies with the
prescriptive requirements of Subpart D and has prescribed assumptions
used to generate the energy budget concerning shape, orientation, and
HVAC and other system designs.
Public driveways, walkways, and parking lots: Exterior transit
areas that are intended for use by the general public.
Public facility restroom: A restroom used by the transient public.
Readily accessible: Capable of being reached quickly for operation,
renewal, or inspections without requiring those to whom ready access is
requisite to climb over or remove obstacles or to resort to portable
ladders, chairs, etc. (See also accessible.)
Recooling: Lowering the temperature of air that has been previously
heated by a heating system.
Reference building: A specific building design that has the same
form, orientation, and basic systems as the prospective design that is
to be evaluated for compliance and meets all the criteria listed in
subsection 501.2 or subsection 601.2.
Reheating: Raising the temperature of air that has been previously
cooled either by refrigeration or an economizer system.
Reset: Adjustment of the controller setpoint to a higher or lower
value automatically or manually.
Roof: Those portions of the building envelope, including all opaque
surfaces, fenestration, doors, and hatches, that are above conditioned
space and are horizontal or tilted at less than 60 deg. from
horizontal. (See also ``walls'')
Room air conditioner: An encased assembly designed as a unit to be
mounted in a window or through a wall or as a console. It is designed
primarily to provide free delivery of conditioned air to an enclosed
space, room, or zone. It includes a prime source of refrigeration for
cooling and dehumidification and means for circulating and cleaning air
and may also include means for ventilating and heating.
Seasonal energy efficiency ratio (SEER): The total cooling output
of an air conditioner during its normal annual usage period for
cooling, in Btu, divided by the total electric energy input during the
same period, in watt-hours.
Service systems: All energy-using or energy-distributing components
in a building that are operated to support the occupant or process
functions housed therein (including HVAC, service water heating,
illumination, transportation, cooking or food preparation, laundering,
or similar functions).
Service water heating: The supply of hot water for purposes other
than comfort heating and process requirements.
Shading coefficient (SC): The ratio of solar heat gain through
fenestration, with or without integral shading devices, to that
occurring through unshaded \1/8\-in-thick clear double-strength glass.
Shell Building: A building for which the envelope is designed,
constructed, or both prior to knowing the occupancy type. (See also
``speculative building'')
Single-Line Diagram: A simplified schematic drawing that shows the
connection between two or more items. Common multiple connections are
shown as one line.
Skylight: Glazing that is horizontal or tilted less than 60 deg.
from horizontal.
Solar energy source: Natural daylighting or thermal, chemical, or
electrical energy derived from direct conversion of incident solar
radiation at the building site.
Speculative building: A building for which the envelope is
designed, constructed, or both prior to the design of the lighting,
HVAC systems, or both. A speculative building differs from a shell
building in that the intended occupancy is known for the speculative
building. (See also ``shell building'')
System: A combination of equipment and/or controls, accessories,
interconnecting means, and terminal elements by which energy is
transformed so as to perform a specific function, such as HVAC, service
water heating, or illumination.
Tandem wiring: Pairs of luminaries operating with lamps in each
luminaire powered from a single ballast contained in one of the
luminaires.
Task lighting: Lighting that provides illumination for specific
functions and is directed to a specific surface or area.
Task location: An area of the space where significant visual
functions are performed and where lighting is required above and beyond
that required for general ambient use.
Terminal element: A device by which the transformed energy from a
system is finally delivered. Examples include registers, diffusers,
lighting fixtures, and faucets.
Terminal conductance (C): The constant time rate of heat flow
through the unit area of a body induced by a unit temperature
difference between the surfaces, expressed in Btu/
(hft\2\ deg.F). It is the reciprocal of thermal
resistance. (See ``thermal resistance'')
Thermal mass: Materials with mass heat capacity and surface area
capable of affecting building loads by storing and releasing heat as
the interior or exterior temperature and radiant conditions fluctuate.
(See also ``heat capacity'' and ``wall heat capacity'')
Thermal mass wall insulation position:
(1) Exterior insulation position: a wall having all or nearly all
of its mass exposed to the room air with the insulation on the exterior
of that mass.
(2) Integral insulation position: a wall having mass exposed to
both room and outside (outside) air with substantially equal amounts of
mass on the inside and outside of the insulation layer.
(3) Interior insulation position: a wall not meeting either of the
above definitions, particularly a wall having most of its mass external
to an insulation layer.
Thermal resistance (R): The reciprocal of thermal conductance 1/C,
1/H, 1/U; expressed in (hft 2 deg.F)/Btu.
Thermal transmittance (U): The overall coefficient of heat transfer
from air to air. It is the time rate of heat flow per unit area under
steady conditions from the fluid on the warm side of the barrier to the
fluid on the cold side, per unit temperature difference between the two
fluids, expressed in Btu/(hft 2 deg.F).
Thermal transmittance, overall (Uo): The gross overall (area
weighted average) coefficient of heat transfer from air to air for a
gross area of the building envelope, Btu/(hft
2 deg.F). The Uo value applies to the combined effect
of the time rate of heat flows through the various parallel paths, such
as windows, doors, and opaque construction areas, composing the gross
area of one or more building envelope components, such as walls,
floors, and roof or ceiling.
Thermostat: An automatic control device responsive to temperature.

[[Page 40898]]

Unconditioned space: Space within a building that is not a
conditioned space. (See ``conditioned space'')
Unitary cooling equipment: One or more factory-made assemblies that
normally include an evaporator or cooling coil, a compressor, and a
condenser combination (and may also include a heating function).
Unitary heat pump: One or more factory-made assemblies that
normally include an indoor conditioning coil, compressor(s), and
outdoor coil or refrigerant-to-water heater exchanger, including means
to provide both heating and cooling functions.
Variable-air-volume (VAV) HVAC system: HVAC systems that control
the dry-bulb temperature within a space by varying the volume of heated
or cooled supply air to the space.
Vent damper: A device intended for installation in the venting
system, in the outlet of or downstream of the appliance draft hood, of
an individual automatically operating gas-fired appliance, which is
designed to automatically open the venting system when the appliance is
in operation and to automatically close off the venting system when the
appliance is in a standby or shutdown condition.
Ventilation: The process of supplying or removing air by natural or
mechanical means to or from any space. Such air may or may not have
been conditioned.
Ventilation air: That portion of supply air which comes from the
outside, plus any recirculated air, to maintain the desired quality of
air within a designated space. (See also ``outdoor air'')
Visible light transmittance (VLT): The fraction of solar radiation
in the visible light spectrum that passes through the fenestration
(window, clerestory, or skylight).
Walls: Those portions of the building envelope enclosing
conditioned space, including all opaque surfaces, fenestration, and
doors, which are vertical or tilted at an angle of 60 deg. from
horizontal or greater. (See also ``roof'')
Wall heat capacity: The sum of the products of the mass of each
individual material in the wall per unit area of wall surface times its
individual specific heat, expressed in Btu/(ft2\ deg.F). (See''
thermal mass'')
Window to wall ratio (WWR): The ratio of the wall fenestration area
to the gross exterior wall area.
Zone: A space or group of spaces within a building with any
combination of heating, cooling, or lighting requirements sufficiently
similar so that desired conditions can be maintained throughout by a
single controlling device.

Subpart C--Design Conditions

Sec. 434.301 Design criteria.

301.1 The following design parameters shall be used for
calculations required under subpart D of this part.
301.1.1 Exterior Design Conditions. Exterior Design Conditions
shall be expressed in accordance with Table 301.1.

Table 301.1.--Exterior Design Conditions
Winter Design Dry-Bulb (99%)............................ ........... Degrees F.
Summer Design Dry-Bulb (2.5%)........................... ........... Degrees F.
Mean Coincident Wet-Bulb (2.5%)......................... ........... Degrees F.
Degree-Days, Heating (Base 65).......................... ........... HDD Base 65 deg.F.
Degree-Days, Cooling (Base 65).......................... ........... CDD Base 65 deg.F.
Annual Operating Hours, 8 a.m. to 4 p.m. when 55 deg. ........... Hours.
fT69 deg.F.
[The exterior design conditions shall be added to Table 301.1 from the city-specific Shading Coefficient table
from the Example Alternate Component Package Table. Copies of specific tables contained in Appendix A can be
obtained from the Energy Code for Federal Commercial Buildings, Docket No. EE-RM-79-112-C, Buildings Division,
EE-432, Office of Codes and Standards, U.S. Department of Energy, Room 1J-018, 1000 Independence Avenue, S.W.,
Washington, D.C. 20585, (202) 586-0517. Adjustments may be made to reflect local climates which differ from the
tabulated temperatures or local weather experience as determined by the building official. Where local building
site climatic data are not available, climate data from a nearby location included in RS-1, Appendix C, and RS-
4 Chapter 24, Table 1, shall be used as determined by the building official.]

301.2 Indoor Design Conditions. Indoor design temperature and
humidity conditions shall be in accordance with the comfort criteria in
RS-2, except that humidification and dehumidification are not required.

Subpart D--Building Design Requirements--Electric Systems and
Equipment

Sec. 434.401 Electrical power and lighting systems.

Electrical power and lighting systems, other than those systems or
portions thereof required for emergency use only, shall meet these
requirements.
401.1 Electrical Distribution Systems.
401.1.1 Check Metering. Single-tenant buildings with a service
over 250 kVA and tenant spaces with a connected load over 100 kVA in
multiple-tenant buildings shall have provisions for check metering of
electrical consumption. The electrical power feeders for which
provision for check metering is required shall be subdivided as
follows:
401.1.1.1 Lighting and receptacle outlets
401.1.1.2 HVAC systems and equipment
401.1.1.3 Service water heating (SWH), elevators, and special
occupant equipment or systems of more than 20 kW.
401.1.1.4 Exception to 401.1.1.1 through 401.1.1.3: 10 percent or
less of the loads on a feeder may be from another usage or category.
401.1.2 Tenant-shared HVAC and service hot water systems in
multiple tenant buildings shall have provision to be separately check
metered.
401.1.3 Subdivided feeders shall contain provisions for portable
or permanent check metering. The minimum acceptable arrangement for
compliance shall provide a safe method for access by qualified persons
to the enclosures through which feeder conductors pass and provide
sufficient space to attach clamp-on or split core current transformers.
These enclosures may be separate compartments or combined spaces with
electrical cabinets serving another function. Dedicated enclosures so
furnished shall be identified as to measuring function available.
401.1.4 Electrical Schematic. The person responsible for
installing the electrical distribution system shall provide the Federal
building manager a single-line diagram of the record drawing for the
electrical distribution system, which includes the location of check
metering access, schematic diagrams of non-HVAC electrical control
systems, and electrical equipment manufacturer's operating and
maintenance literature.

[[Page 40899]]

401.2 Electric Motors. All permanently wired polyphase motors of 1
hp or more shall meet these requirements:
401.2.1 Efficiency. National Electrical Manufacturers Association
(NEMA) design A & B squirrel-cage, foot-mounted, T-frame induction
motors having synchronous speeds of 3600, 1800, 1200, and 900 rpm,
expected to operate more than 1000 hours per year shall have a nominal
full-load efficiency no less than that shown in Table 401.2.1 or shall
be classified as an ``energy efficient motor'' in accordance with RS-3.
The following are not covered:
(a) Multispeed motors used in systems designed to use more than one
speed.
(b) Motors used as a component of the equipment meeting the minimum
equipment efficiency requirements of subsection 403, provided that the
motor input is included when determining the equipment efficiency.

Table 401.2.1.--Minimum Acceptable Nominal Full-Load Efficiency for Single-Speed Polyphase Squirrel-Cage Induction Motors Having Synchronous Speeds of
3600, 1800, 1200 and 900 rpm \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
2-Pole 4-Pole 6-Pole 8-Pole
-------------------------------------------------------------------------------------------------------
HP Nominal Minimum Nominal Minimum Nominal Minimum Nominal Minimum
efficiency efficiency efficiency efficiency efficiency efficiency efficiency efficiency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Full-Load Efficiencies--Open Motors

--------------------------------------------------------------------------------------------------------------------------------------------------------
1.0........................................... ........... ........... 82.5 81.5 80.0 78.5 74.0 72.0
1.5........................................... 82.5 81.5 84.0 82.5 84.0 82.5 75.5 74.0
2.0........................................... 84.0 82.5 84.0 82.5 85.5 84.0 85.5 84.0
3.0........................................... 84.0 82.5 86.5 85.5 86.5 85.5 86.5 85.5
5.0........................................... 85.5 84.0 87.5 86.5 87.5 86.5 87.5 86.0
7.5........................................... 87.5 86.5 88.5 87.5 88.5 87.5 88.5 87.5
10.0........................................... 88.5 87.5 89.5 88.5 90.2 89.5 89.5 88.5
15.0........................................... 89.5 88.5 91.0 90.2 90.2 89.5 89.5 88.5
20.0........................................... 90.2 89.5 91.0 90.2 91.0 90.2 90.2 89.5
25.0........................................... 91.0 90.2 91.7 91.0 91.7 91.0 90.2 89.5
30.0........................................... 91.0 90.2 92.4 91.7 92.4 91.7 91.7 90.2
40.0........................................... 91.7 91.0 93.0 92.4 93.0 92.4 91.0 90.2
50.0........................................... 92.4 91.7 93.0 92.4 93.0 92.4 91.7 91.0
60.0........................................... 93.0 92.4 93.6 93.0 93.6 93.0 92.4 91.7
75.0........................................... 93.0 92.4 94.1 93.6 93.6 93.0 93.6 93.0
100.0........................................... 93.0 92.4 94.1 93.6 94.1 93.6 93.6 93.0
125.0........................................... 93.6 93.0 94.5 94.1 94.1 93.6 93.6 93.0
150.0........................................... 93.6 93.0 95.0 94.5 94.5 94.1 93.6 93.0
200.0........................................... 94.5 94.1 95.0 94.5 94.5 94.1 93.6 93.0

--------------------------------------------------------------------------------------------------------------------------------------------------------
Full-Load Efficiencies--Enclosed Motors

--------------------------------------------------------------------------------------------------------------------------------------------------------
1.0........................................... 75.5 74.5 82.5 81.5 80.0 78.5 74.0 72.0
1.5........................................... 82.5 81.5 84.0 82.5 85.5 84.0 77.0 75.5
2.0........................................... 84.0 82.5 84.5 82.5 86.5 85.5 82.5 81.5
3.0........................................... 85.5 84.0 87.5 86.5 87.5 86.5 84.0 82.5
5.0........................................... 87.5 86.5 87.5 86.5 87.5 86.5 85.5 84.0
7.5........................................... 88.5 87.5 89.5 88.5 89.5 88.5 85.5 84.0
10.0........................................... 89.5 88.5 89.5 88.5 89.5 88.5 88.5 87.5
15.0........................................... 90.2 89.5 91.0 90.2 90.2 89.5 88.5 87.5
20.0........................................... 90.2 89.5 91.0 90.2 90.2 89.5 89.5 88.5
25.0........................................... 91.0 90.2 92.4 91.7 91.7 91.0 89.5 88.5
30.0........................................... 91.0 90.2 92.4 91.7 91.7 91.0 91.0 90.2
40.0........................................... 91.7 91.0 93.0 92.4 93.0 92.4 91.0 90.2
50.0........................................... 92.4 91.7 93.0 92.4 93.0 92.4 91.7 91.0
60.0........................................... 93.0 92.4 93.6 93.0 93.6 93.0 91.7 91.0
75.0........................................... 93.0 92.4 94.1 93.6 93.6 93.0 93.0 92.4
100.0........................................... 93.6 93.0 94.5 94.1 94.1 93.6 93.0 92.4
125.0........................................... 94.5 94.1 94.5 94.1 94.1 93.6 93.6 93.0
150.0........................................... 94.5 94.1 95.0 94.5 94.5 94.1 94.1 93.0
200.0........................................... 95.0 94.5 95.0 94.5 95.0 94.5 94.1 93.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For many applications, efficiencies greater than those listed are likely to be cost-effective. Guidance for evaluating the cost effectiveness of
energy efficient motor applications is given in RS-43 and RS-44.

401.3 Lighting Power Allowance. The lighting system shall meet the
provisions of subsections 401.3.1 through 401.3.5. As an alternative to
subsections 401.3.1 and 401.3.2, the Lighting Compliance Calculation
Computer Program (LTGSTD21) found in ASHRAE/IES Standard 90.1-1989 for
the building or facility may be used to determine the lighting power
for the building or facility.
401.3.1 Building Exteriors. The total connected exterior lighting
power for the building, or a facility containing multiple buildings,
shall not exceed the total exterior lighting power allowance, which is
the sum of the individual allowances determined from Table 401.3.1. The
individual allowances are determined by multiplying the specific area
or length of each area description times the allowance for that area.
Exceptions are as follows: Lighting for outdoor manufacturing or
processing facilities, commercial greenhouses, outdoor athletic
facilities, public monuments, designated high-risk security areas,
signs, retail storefronts, exterior enclosed display windows, and
lighting specifically required by local ordinances and regulations.

[[Page 40900]]

Table 401.3.1--Exterior Lighting Power Allowance
----------------------------------------------------------------------------------------------------------------
Area Description Allowance
----------------------------------------------------------------------------------------------------------------
Exit (with or without canopy).......................... 25 W/lin ft of door opening.
Entrance (without canopy).............................. 30 W/lin ft of door opening.
Entrance (with canopy):
High Traffic (retail, hotel, airport, theater, 10 W/ft \2\ of canopied area.
etc.).
Light Traffic (hospital, office, school, etc.)..... 4 W/ft \2\ of canopied area.
Loading area........................................... 0.40 W/ft \2\.
Loading door........................................... 20 W/lin ft \2\ of door opening.
Building exterior surfaces/facades..................... 0.25 W/ft \2\ of surface area to be illuminated.
Storage and non-manufacturing work areas............... 0.20 W/ft \2\.
Other activity areas for casual use such as picnic 0.10 W/ft \2\.
grounds, gardens, parks, and other landscaped areas.
Private driveways/walkways............................. 0.10 W/ft \2\.
Public driveways/walkways.............................. 0.15 W/ft \2\
Private parking lots................................... 0.12 W/ft \2\.
Public parking lots.................................... 0.18 W/ft \2\
----------------------------------------------------------------------------------------------------------------

401.3.1.1 Trade-offs of exterior lighting budgets among exterior
areas shall be allowed provided the total connected lighting power of
the exterior area does not exceed the exterior lighting power
allowance. Trade-offs between interior lighting power allowances and
exterior lighting power allowances shall not be allowed.
401.3.2 Building interiors. The total connected interior lighting
power for a building, including adjustments in accordance with
subsection 401.3.3, shall not exceed the total interior lighting power
allowance explained in this paragraph. Using Table 401.3.2a, multiply
the interior lighting power allowance value by the gross lighted area
of the most appropriate building or space activity. For multi-use
buildi

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-19671. Public record. Not legal advice.