2008 NYC Construction Code references back to AISC Specification-1989 with Supplement No.1-2001. That's the Green Book. Can we be justified in using the Black Book (13th Edition) for a NYC project? There's not that much of a difference as far as the allowable stress values are concerned but some steel sizes like W36x359 is not called W36x361 in the Black Book. I showed W36x361 on the drawing because that's what that beam is called nowadays but that size isn't on the Green Book and my calculation package which I have to submit for a peer review lists ADS 9th as a reference.
Anybody had a similar problem?

Parisumji -

I'd contact the plan review office to be sure.  But, I cannot imagine them rejecting the 13th edition.

For what it's worth, even if your design is entirely done to the 9th edition, then your steel sizes should still be called out according to the 13th edition.  That database of shapes represents the shapes and properties that are now available from suppliers.  As you can imagine, those that changed a bit in the past 20 years or so.  

Therefore, even if you specify your W36x359, the steel mill would still be giving you a W36x361.... because that's all they produce.   

By law, the spec/code to follow is the one adopted by the local jurisdiction.  While it is probably true that many aspects of the 13th edition reflect better, more accurate design criteria, the law hasn't approved its use.  

You could probably successfully convince the local code department that using the 13th is OK, but technically, even they can't approve a different code than the one on the books.  For example, the 13th edition might require a smaller beam size than the 9th, and so you would be violating the law, while supposedly meeting a code that isn't part of the law.