[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Proposed Rules]
[Pages 42910-42921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17297]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OEI-2011-0979; FRL-9825-9]
RIN 2025-AA36


Community Right-to-Know; Adoption of 2012 North American Industry 
Classification System (NAICS) Codes for Toxics Release Inventory (TRI) 
Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to update the list of North American Industry 
Classification System (NAICS) codes subject to reporting under the 
Toxics Release Inventory (TRI) to reflect the Office of Management and 
Budget (OMB) 2012 NAICS revision. Facilities would be required to use 
2012 NAICS codes when reporting to TRI beginning with TRI reporting 
forms that are due on July 1, 2014, covering releases and other waste 
management quantities for the 2013 calendar year. In the ``Rules and 
Regulations'' section of today's Federal Register, we are 
simultaneously publishing the 2012 OMB NAICS revisions for TRI 
Reporting as a direct final rule without a prior proposed rule. If we 
receive no adverse comment, we will not take further action on this 
proposed rule. We will withdraw this proposed rule, and the direct 
final rule will become effective as specified in that rule. If, 
however, we do receive adverse comment in response to this proposed 
rule or in response to the direct final rule, then we will publish a 
timely withdrawal in the Federal Register informing the public that the 
direct final rule will not take effect. In that case, we would address 
all public comments in a subsequent final rule based on this proposed 
rule. We will not institute a second comment period on this action. Any 
parties interested in

[[Page 42911]]

commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.

DATES: Comments must be received on or before August 19, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2011-0979, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (202) 566-0715.
     Mail: OEI Docket, Environmental Protection Agency, 
Mailcode 2822T, 1200 Pennsylvania Ave. NW., Washington, DC, 20460.
     Hand Delivery: EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave. NW., Washington, DC, 20460. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2011-0979. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information for which disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters or any form of 
encryption and must be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
for which disclosure is restricted by statute. Certain other materials, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the OEI 
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The Public 
Reading Room is open Monday through Friday, excluding legal holidays. 
The telephone number for the Public Reading Room is (202) 566-1744, and 
the telephone number for the OEI Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Judith Kendall, Toxics Release 
Inventory Program Division, Mailcode 2844T, OEI, Environmental 
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; Telephone: (202) 566-0750; Fax: (202) 566-0715; 
email: [email protected]. For general information on TRI, contact 
the Emergency Planning and Community Right-to-Know Hotline at (800) 
424-9346 or (703) 412-9810, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline/.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This document proposes to take action to update the list of North 
American Industry Classification System (NAICS) codes subject to 
reporting under the Toxics Release Inventory (TRI) to reflect the 
Office of Management and Budget (OMB) final 2012 NAICS revision (75 FR 
26856 and 76 FR 51240). We have published a direct final rule to adopt 
the OMB 2012 NAICS codes for TRI reporting purposes in the ``Rules and 
Regulations'' section of this Federal Register because we view this as 
a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. The proposed rule will be withdrawn, and the 
direct final rule will become effective as specified in that rule. If, 
however, we receive adverse comment, we will withdraw the direct final 
rule and it will not take effect. In that case, we would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    Entities that may be affected by this action are those facilities 
that have 10 or more full-time employees or the equivalent 20,000 hours 
per year that manufacture, process, or otherwise use toxic chemicals 
listed on the TRI, and that are required under section 313 of the 
Emergency Planning and Community Right-to-Know Act (EPCRA) or section 
6607 of the Pollution Prevention Act (PPA) to report annually to EPA 
and States or Tribes their environmental releases or other waste 
management quantities of covered chemicals. (A rule was published on 
April 19, 2012 (77 FR 23409), requiring facilities located in Indian 
country to report to the appropriate tribal government official and EPA 
instead of to the state and EPA.) Under Executive Order 13423 (January 
24, 2007), published in the Federal Register on January 26, 2007 (72 FR 
3919), all federal facilities are required to comply with the 
provisions set forth in Section 313 of EPCRA and section 6607 of the 
PPA. On March 29, 2007, the White House Council on Environmental 
Quality (CEQ) issued Instructions for Implementing Executive Order 
13423, including annual reporting to the TRI program. Notice of 
availability of those implementing instructions was published in the 
Federal Register on June 18, 2007 (72 FR 33504).
    To determine whether your facility is affected by this action, you 
should carefully examine the applicability criteria in Part 372 of 
Title 40 of the Code of Federal Regulations. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

III. What should I consider as I prepare my comments for EPA?

A. Submitting CBI

    If you wish to claim information submitted in a comment to be CBI, 
it will be handled in accordance with procedures set forth in 40 CFR 
part 2,

[[Page 42912]]

subpart B. If you do not assert a confidentiality claim at the time of 
submission, the information may be made available to the public by EPA 
without further notice. See 40 CFR 2.203, 41 FR 36902, September 1, 
1976. Do not submit this information to EPA through www.regulations.gov 
or email. Clearly mark the specific information that you claim to be 
CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark 
the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR Part 
2.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

IV. What is EPA's statutory authority for taking this action?

    EPA is taking this action under sections 313(g)(1) and 328 of 
EPCRA, 42 U.S.C. 11023(g)(1) and 11048. EPCRA is also referred to as 
Title III of the Superfund Amendments and Reauthorization Act of 1986 
(SARA) (Pub. L. 99-499). In general, section 313 of EPCRA requires 
owners and operators of covered facilities in specified Standard 
Industrial Classification (SIC) codes that manufacture, process, or 
otherwise use a listed toxic chemical in amounts above specified 
threshold levels to report certain facility specific information about 
such chemicals, including the annual releases and other waste 
management quantities. Section 313(g)(1) of EPCRA requires EPA to 
publish a uniform toxic chemical release form for these reporting 
purposes, and it also prescribes, in general terms, the types of 
information that must be submitted on the form. Section 313(g)(1)(A) 
requires owners and operators of facilities that are subject to section 
313 requirements to report the principal business activities at the 
facilities. Congress also granted EPA broad rulemaking authority to 
allow the Agency to fully implement the statute. EPCRA section 328 
states that: ``The Administrator may prescribe such regulations as may 
be necessary to carry out this chapter.'' 42 U.S.C. 11048.
    Consistent with these authorities, on June 6, 2006, EPA amended 40 
CFR Part 372 to include the 2002 NAICS codes that correspond to the SIC 
codes that are currently subject to section 313 of EPCRA and section 
6607 of the PPA (71 FR 32464). On June 9, 2008 (73 FR 32466), EPA 
amended 40 CFR Part 372 to include the 2007 NAICS codes that correspond 
to the SIC codes that are currently subject to section 313 of EPCRA and 
section 6607 of the PPA. This proposed action would amend 40 CFR Part 
372 to include OMB's revised NAICS codes for 2012.
    Owners and operators of facilities that are subject to section 313 
would need to use 2012 NAICS codes when identifying their principal 
business activities beginning with TRI reporting forms that are due on 
July 1, 2014, covering releases and other waste management quantities 
at the facility for the 2013 calendar year.

V. Background Information

What is the general background for this action?

    EPA promulgated a final TRI NAICS rule on June 6, 2006, to amend 
its regulations for TRI, found at 40 CFR Part 372, to include NAICS 
codes in addition to SIC codes. The list of TRI NAICS codes that 
appeared in the final rule was developed from the OMB 2002 NAICS 
revision. EPA updated the list of TRI NAICS codes in 2008 (73 FR 
32466), to incorporate changes to the TRI NAICS codes resulting from 
the OMB 2007 NAICS revision.
    The Office of Management and Budget (OMB) revises North American 
Industry Classification Codes every five years. An OMB Federal Register 
notice published on May 12, 2010 (75 FR 26856), announced updated NAICS 
codes for 2012, and a second OMB Federal Register notice published on 
Aug. 17, 2011 (76 FR 51240), finalized and further modified the NAICS 
codes for 2012.

VI. Proposed Action

A. What is the agency proposing?

    EPA would amend 40 CFR Part 372 to include 2012 NAICS codes for TRI 
reporting that accurately reflect the universe of covered facilities 
under section 313 of EPCRA and section 6607 of the PPA.

B. Would the proposal change the universe of facilities that are 
currently required to report to EPA and the States?

    Today's proposal of updating the list of NAICS codes to reflect the 
2012 OMB NAICS revision would not change the universe of facilities 
that are currently required to report to EPA and the States.

C. How would Section 313 reporting requirements change as a result of 
this proposed rule?

    TRI reporting requirements would not change as a result of this 
proposed rule. This proposed rule would simply revise the NAICS codes 
to reflect the OMB NAICS 2012 revision.

VII. Which TRI-covered NAICS codes have been modified under this 
proposed rule?

    The Office of Management and Budget (OMB) revises North American 
Industry Classification Codes every five years. An OMB Federal Register 
notice published on May 12, 2010 (75 FR 26856), announced updated NAICS 
codes for 2012, and a second OMB Federal Register notice published on 
August 17, 2011 (76 FR 51240), finalized and further modified the NAICS 
codes for 2012. All facilities that are currently required to report to 
TRI would still be required to report, and facilities that are not 
currently required to file TRI reports to the Agency would not be 
required to do so. However, due to the 2012 NAICS modifications, some 
facilities would need to modify their NAICS codes as outlined in the 
table below. This table reflects only the revised TRI NAICS reporting 
codes. A complete table of all TRI NAICS reporting codes can be found 
in the regulations at Sec.  372.23.

[[Page 42913]]



                    Revised TRI 2012 Reporting Codes
------------------------------------------------------------------------
                     2007 NAICS and                        2012 NAICS
 2007 NAICS Code    U.S. Description   2012 NAICS Code     description
------------------------------------------------------------------------
221119...........  Other Electric     221118..........  Other Electric
                    Power                                Power
                    Generation.                          Generation.
311222...........  Soybean            311224..........  Soybean and
311223...........   Processing.                          Other Oilseed
                   Other Oilseed                         Processing.
                    Processing.
311311...........  Sugarcane Mills.   311314..........  Cane Sugar
311312...........  Cane Sugar                            Manufacturing.
                    Refining.
311320...........  Chocolate and      311351..........  Chocolate and
                    Confectionery                        Confectionery
                    Manufacturing                        Manufacturing
                    from Cacao                           from Cacao
                    Beans.                               Beans.
311330...........  Confectionery      311352..........  Confectionery
                    Manufacturing                        Manufacturing
                    from Purchased                       from Purchased
                    Chocolate.                           Chocolate.
311711...........  Seafood Canning.   311710..........  Seafood Product
311712...........  Fresh and Frozen                      Preparation and
                    Seafood                              Packaging.
                    Processing.
311822...........  Flour Mixes and    311824..........  Dry Pasta,
311823...........   Dough                                Dough, and
                    Manufacturing                        Flour Mixes
                    from Purchased                       Manufacturing
                    Flour.                               from Purchased
                   Dry Pasta                             Flour.
                    Manufacturing.
312210...........  Tobacco Stemming   312230..........  Tobacco
                    and Redrying.                        Manufacturing.
312221...........  Cigarette
                    Manufacturing.
312229...........  Other Tobacco
                    Product
                    Manufacturing.
313111...........  Yarn Spinning      313110..........  Fiber, Yarn, and
                    Mills.                               Thread Mills.
313112...........  Yarn Texturizing,
                    Throwing, and
                    Twisting Mills.
313113...........  Thread Mills.
313221...........  Narrow Fabric      313220..........  Narrow Fabric
                    Mills.                               Mills and
                                                         Schiffli
                                                         Machine
                                                         Embroidery.
313222...........  Schiffli Machine
                    Embroidery.
313241...........  Weft Knit Fabric   313240..........  Knit Fabric
                    Mills.                               Mills.
313249...........  Other Knit Fabric
                    and Lace Mills.
313311...........  Broadwoven Fabric  313310..........  Textile and
                    Finishing Mills.                     Fabric
                                                         Finishing
                                                         Mills.
313312...........  Textile and
                    Fabric Finishing
                    (except
                    Broadwoven
                    Fabric) Mills.
314121...........  Curtain and        314120..........  Curtain and
                    Drapery Mills.                       Linen Mills.
314129...........  Other Household
                    Textile Product
                    Mills.
314911...........  Textile Bag        314910..........  Textile Bag and
                    Mills.                               Canvas Mills.
314912...........  Canvas and
                    Related Product
                    Mills.
314991...........  Rope, Cordage,     314994..........  Rope, Cordage,
                    and Twine Mills.                     Twine, Tire
                                                         Cord, and Tire
                                                         Fabric Mills.
314992...........  Tire Cord and
                    Tire Fabric
                    Mills.
315111...........  Sheer Hosiery      315110..........  Hosiery and Sock
                    Mills.                               Mills.
315119...........  Other Hosiery and
                    Sock Mills.
315191...........  Outerwear          315190..........  Other Apparel
                    Knitting Mills.                      Knitting Mills.
315192...........  Underwear and
                    Nightwear
                    Knitting Mills.
315211...........  Men's and Boys'    315210..........  Cut and Sew
                    Cut and Sew                          Apparel
                    Apparel                              Contractors.
                    Contractors.
315212...........  Women's, Girls',
                    and Infants' Cut
                    and Sew Apparel
                    Contractors.
315221...........  Men's and Boys'    315220..........  Men's and Boys'
                    Cut and Sew                          Cut and Sew
                    Underwear and                        Apparel
                    Nightwear                            Manufacturing.
                    Manufacturing.
315222...........  Men's and Boys'
                    Cut and Sew
                    Suit, Coat, and
                    Overcoat
                    Manufacturing.
315223...........  Men's and Boys'
                    Cut and Sew
                    Shirt (except
                    Work Shirt)
                    Manufacturing.
315224...........  Men's and Boys'
                    Cut and Sew
                    Trouser, Slack,
                    and Jean
                    Manufacturing.
315225...........  Men's and Boys'
                    Cut and Sew Work
                    Clothing
                    Manufacturing.
315228...........  Men's and Boys'
                    Cut and Sew
                    Other Outerwear
                    Manufacturing.
315231...........  Women's and        315240..........  Women's, Girls',
                    Girls' Cut and                       and Infants'
                    Sew Lingerie,                        Cut and Sew
                    Loungewear, and                      Apparel
                    Nightwear                            Manufacturing.
                    Manufacturing.
315232...........  Women's and
                    Girls' Cut and
                    Sew Blouse and
                    Shirt
                    Manufacturing.
315233...........  Women's and
                    Girls' Cut and
                    Sew Dress
                    Manufacturing.
315234...........  Women's and
                    Girls' Cut and
                    Sew Suit, Coat,
                    Tailored Jacket,
                    and Skirt
                    Manufacturing.
315239...........  Women's and
                    Girls' Cut and
                    Sew Other
                    Outerwear
                    Manufacturing.
315291...........  Infants' Cut and
                    Sew Apparel
                    Manufacturing.
315292...........  Fur and Leather    315280..........  Other Cut and
                    Apparel                              Sew Apparel
                    Manufacturing.                       Manufacturing.
315299...........  All Other Cut and
                    Sew Apparel
                    Manufacturing.
315991...........  Hat, Cap, and      315990..........  Apparel
                    Millinery                            Accessories and
                    Manufacturing.                       Other Apparel
                                                         Manufacturing.
315992...........  Glove and Mitten
                    Manufacturing.
315993...........  Men's and Boys'
                    Neckwear
                    Manufacturing.

[[Page 42914]]

 
315999...........  Other Apparel
                    Accessories and
                    Other Apparel
                    Manufacturing.
316211...........  Rubber and         316210..........  Footwear
                    Plastics                             Manufacturing.
                    Footwear
                    Manufacturing.
316212...........  House Slipper
                    Manufacturing.
316213...........  Men's Footwear
                    (except
                    Athletic).
316214...........  Manufacturing on
                    Women's Footwear
                    (except
                    Athletic).
316219...........  Manufacturing
                    Other Footwear
                    Manufacturing.
316991...........  Luggage            316998..........  All Other
                    Manufacturing.                       Leather Good
                                                         and Allied
                                                         Product
                                                         Manufacturing.
316993...........  Personal Leather
                    Good (except
                    Women's Handbag
                    and Purse)
                    Manufacturing.
316999...........  All Other Leather
                    Good and Allied
                    Product
                    Manufacturing.
322213...........  Setup Paperboard   322219..........  Other Paperboard
                    Box                                  Container
                    Manufacturing.                       Manufacturing.
322214...........  Fiber Can, Tube,
                    Drum, and
                    Similar Products
                    Manufacturing.
322215...........  Nonfolding
                    Sanitary Food
                    Container
                    Manufacturing.
322221...........  Coated and         322220..........  Paper Bag and
                    Laminated                            Coated and
                    Packaging.                           Treated Paper
                                                         Manufacturing.
322222...........  Coated and
                    Laminated Paper
                    Manufacturing.
322223...........  Coated Paper Bag
                    and Pouch
                    Manufacturing.
322224...........  Uncoated Paper
                    and Multiwall
                    Bag
                    Manufacturing.
322225...........  Laminated
                    Aluminum Foil
                    Manufacturing
                    for Flexible
                    Packaging Uses.
322226...........  Surface-Coated
                    Paperboard
                    Manufacturing.
322231...........  Die-Cut Paper and  322230..........  Stationery
                    Paperboard                           Product
                    Office Supplies                      Manufacturing.
                    Manufacturing.
322232...........  Envelope
                    Manufacturing.
322233...........  Stationery,
                    Tablet, and
                    Related Product
                    Manufacturing.
323110...........  Commercial         323111..........  Commercial
                    Lithographic                         Printing
                    Printing.                            (except Screen
                                                         and Books).
323111...........  Commercial
                    Gravure
                    Printing).
323112...........  Commercial
                    Flexographic
                    Printing.
323114...........  Quick Printing.
323115...........  Digital Printing.
323116...........  Manifold Business
                    Forms Printing.
323118...........  Blankbook,
                    Looseleaf
                    Binders, and
                    Devices
                    Manufacturing.
323119...........  Other Commercial
                    Printing.
323121...........  Tradebinding and   323120..........  Support
                    Related Work.                        Activities for
                                                         Printing.
323122...........  Prepress
                    Services.
325131...........  Inorganic Dye and  325130..........  Synthetic Dye
                    Pigment                              and Pigment
                    Manufacturing.                       Manufacturing.
325132...........  Synthetic Organic
                    Dye and Pigment
                    Manufacturing.
325181...........  Alkalies and       325180..........  Other Basic
                    Chlorine                             Inorganic
                    Manufacturing.                       Chemical
                                                         Manufacturing.
325182...........  Carbon Black
                    Manufacturing.
325188...........  All Other Basic
                    Inorganic
                    Chemical
                    Manufacturing.
325191...........  Gum and Wood       325194..........  Cyclic Crude,
                    Chemical                             Intermediate,
                    Manufacturing.                       and Gum and
                                                         Wood Chemical
                                                         Manufacturing.
325192...........  Cyclic Crude and
                    Intermediate
                    Manufacturing.
325221...........  Cellulosic         325220..........  Artificial and
                    Organic Fiber                        Synthetic
                    Manufacturing.                       Fibers and
                                                         Filaments
                                                         Manufacturing.
325222...........  Noncellulosic
                    Organic Fiber
                    Manufacturing.
326192...........  Resilient Floor    326199..........  All Other
                    Covering                             Plastics
                    Manufacturing.                       Product
                                                         Manufacturing.
327111...........  Vitreous China     327110..........  Pottery,
                    Plumbing Fixture                     Ceramics, and
                    and China and                        Plumbing
                    Earthenware                          Fixture
                    Bathroom                             Manufacturing.
                    Accessories
                    Manufacturing.
327112...........  Vitreous China,
                    Fine
                    Earthenware, and
                    Other Pottery
                    Product
                    Manufacturing.
327113...........  Porcelain
                    Electrical
                    Supply
                    Manufacturing.
327121...........  Brick and          327120..........  Clay Building
                    Structural Clay                      Material and
                    Tile                                 Refractories
                    Manufacturing.                       Manufacturing.
327122...........  Ceramic Wall and
                    Floor Tile
                    Manufacturing.
327123...........  Other Structural
                    Clay Product
                    Manufacturing.
327124...........  Clay Refractory
                    Manufacturing.
327125...........  Nonclay
                    Refractory
                    Manufacturing.
331111...........  Iron and Steel     331110..........  Iron and Steel
                    Mills.                               Mills and
                                                         Ferroalloy
                                                         Manufacturing.
331112...........  Electrometallurgi
                    cal Ferroalloy
                    Product
                    Manufacturing.
331311...........  Alumina Refining.  331313..........  Alumina Refining
                                                         and Primary
                                                         Aluminum
                                                         Production.
331312...........  Primary Aluminum
                    Production.
331316...........  Aluminum Extruded  331318..........  Other Aluminum
                    Product                              Rolling,
                    Manufacturing.                       Drawing, and
                                                         Extruding.
331319...........  Other Aluminum
                    Rolling and
                    Drawing.

[[Page 42915]]

 
331411...........  Primary Smelting   331410..........  Nonferrous Metal
                    and Refining of                      (except
                    Copper.                              Aluminum)
                                                         Smelting and
                                                         Refining.
331419...........  Primary Smelting
                    and Refining of
                    Nonferrous Metal
                    (except Copper
                    and Aluminum).
331421...........  Copper Rolling,    331420..........  Copper Rolling,
                    Drawing, and                         Drawing,
                    Extruding.                           Extruding, and
                                                         Alloying.
331422...........  Copper Wire
                    (except
                    Mechanical)
                    Drawing.
331423...........  Secondary
                    Smelting,
                    Refining, and
                    Alloying of
                    Copper.
331521...........  Aluminum Die-      331523..........  Nonferrous Metal
                    Casting                              Die-Casting
                    Foundries.                           Foundries.
331522...........  Nonferrous
                    (except
                    Aluminum) Die-
                    Casting
                    Foundries.
331525...........  Copper Foundries   331529..........  Other Nonferrous
                    (except Die-                         Metal Foundries
                    Casting).                            (except Die-
                                                         Casting).
331528...........  Other Nonferrous
                    Foundries
                    (except Die-
                    Casting).
332115...........  Crown and Closure  332119..........  Metal Crown,
                    Manufacturing.                       Closure, and
                                                         Other Metal
                                                         Stamping
                                                         (except
                                                         Automotive).
332116...........  Metal Stamping.
332211...........  Cutlery and        332215..........  Metal Kitchen
                    Flatware (except                     Cookware,
                    Precious)                            Utensil,
                    Manufacturing.                       Cutlery, and
                                                         Flatware
                                                         (except
                                                         Precious)
                                                         Manufacturing.
332214...........  Kitchen Utensil,
                    Pot, and Pan
                    Manufacturing.
332212...........  Hand and Edge      332216..........  Saw Blade and
                    Tool                                 Handtool
                    Manufacturing.                       Manufacturing.
332213...........  Saw Blade and
                    Handsaw
                    Manufacturing.
332611...........  Spring (Heavy      332613..........  Spring
                    Gauge)                               Manufacturing.
                    Manufacturing.
332612...........  Spring (Light
                    Gauge)
                    Manufacturing.
332994...........  Small Arms         332994..........  Small Arms,
                    Manufacturing.                       Ordnance, and
                                                         Ordnance
                                                         Accessories
                                                         Manufacturing.
332995...........  Other Ordnance
                    and Accessories
                    Manufacturing.
332997...........  Industrial         332999..........  All Other
                    Pattern                              Miscellaneous
                    Manufacturing.                       Fabricated
                                                         Metal Product
                                                         Manufacturing.
332998...........  Enameled Iron and  332999..........  All Other
                    Metal Sanitary                       Miscellaneous
                    Ware                                 Fabricated
                    Manufacturing.                       Metal Product
                                                         Manufacturing.
332999...........  All Other
                    Miscellaneous
                    Fabricated Metal
                    Product
                    Manufacturing.
333210...........  Sawmill and        333243..........  Sawmill,
                    Woodworking                          Woodworking,
                    Machinery                            and Paper
                    Manufacturing                        Machinery
                    pt.                                  Manufacturing.
333291...........  Paper Industry
                    Machinery
                    Manufacturing.
333220...........  Plastics and       333249..........  Other Industrial
                    Rubber Industry                      Machinery
                    Machinery                            Manufacturing.
                    Manufacturing.
333292...........  Textile Machinery
                    Manufacturing.
333298...........  All Other
                    Industrial
                    Machinery
                    Manufacturing.
333293...........  Printing           333244..........  Printing
                    Machinery and                        Machinery and
                    Equipment                            Equipment
                    Manufacturing.                       Manufacturing.
333294...........  Food Product       333241..........  Food Product
                    Machinery                            Machinery
                    Manufacturing.                       Manufacturing.
333295...........  Semiconductor      333242..........  Semiconductor
                    Machinery                            Machinery
                    Manufacturing.                       Manufacturing.
333311...........  Automatic Vending  333318..........  Other Commercial
                    Machine                              and Service
                    Manufacturing.                       Industry
                                                         Machinery
                                                         Manufacturing.
333312...........  Commercial
                    Laundry,
                    Drycleaning, and
                    Pressing Machine
                    Manufacturing.
333313...........  Office Machinery
                    Manufacturing.
333319...........  Other Commercial
                    and Service
                    Industry
                    Machinery
                    Manufacturing.
333315...........  Photographic and   333316..........  Photographic and
                    Photocopying                         Photocopying
                    Equipment                            Equipment
                    Manufacturing.                       Manufacturing.
334119...........  Other Computer
                    Peripheral
                    Equipment
                    Manufacturing.
                   digital camera
                    manufacturing.
333411...........  Air Purification   333413..........  Industrial and
                    Equipment                            Commercial Fan
                    Manufacturing.                       and Blower and
                                                         Air
                                                         Purification
                                                         Equipment
                                                         Manufacturing.
333412...........  Industrial and
                    Commercial Fan
                    and Blower
                    Manufacturing.
333512...........  Machine Tool       333517..........  Machine Tool
                    (Metal Cutting                       Manufacturing.
                    Types)
                    Manufacturing.
333513...........  Machine Tool
                    (Metal Forming
                    Types)
                    Manufacturing.
333516...........  Rolling Mill       333519..........  Rolling Mill and
                    Machinery and                        Other
                    Equipment                            Metalworking
                    Manufacturing.                       Machinery
                                                         Manufacturing.
333518...........  Other
                    Metalworking
                    Machinery
                    Manufacturing.
334113...........  Computer Terminal  334118..........  Computer
                    Manufacturing.                       Terminal and
                                                         Other Computer
                                                         Peripheral
                                                         Equipment
                                                         Manufacturing.
334119...........  Other Computer
                    Peripheral
                    Equipment
                    Manufacturing
                    except digital
                    camera
                    manufacturing.
334411...........  Electron Tube      334419..........  Other Electronic
                    Manufacturing.                       Component
                                                         Manufacturing.
334414...........  Electronic         334416..........  Capacitor,
                    Capacitor                            Resistor, Coil,
                    Manufacturing.                       Transformer,
                                                         and Other
                                                         Inductor
                                                         Manufacturing.
334415...........  Electronic
                    Resistor
                    Manufacturing.
334416...........  Electronic Coil,
                    Transformer, and
                    Other Inductor
                    Manufacturing.

[[Page 42916]]

 
334518...........  Watch, Clock, and  334519..........  Other Measuring
                    Part                                 and Controlling
                    Manufacturing.                       Device
                                                         Manufacturing.
334611...........  Software           334614..........  Software and
                    Reproducing.                         Other
                                                         Prerecorded
                                                         Compact Disc,
                                                         Tape, and
                                                         Record
                                                         Reproducing.
334612...........  Prerecorded
                    Compact Disc
                    (except
                    Software), Tape,
                    and Record
                    Reproducing.
335211...........  Electric           335210..........  Small Electrical
                    Housewares and                       Appliance
                    Household Fan                        Manufacturing.
                    Manufacturing.
335212...........  Household Vacuum
                    Cleaner
                    Manufacturing.
336311...........  Carburetor,        336310..........  Motor Vehicle
                    Piston, Piston                       Gasoline Engine
                    Ring, and Valve                      and Engine
                    Manufacturing.                       Parts
                                                         Manufacturing.
336312...........  Gasoline Engine
                    and Engine Parts
                    Manufacturing.
336321...........  Vehicular          336320..........  Motor Vehicle
                    Lighting                             Electrical and
                    Equipment                            Electronic
                    Manufacturing.                       Equipment
                                                         Manufacturing.
336322...........  Other Motor
                    Vehicle
                    Electrical and
                    Electronic
                    Equipment
                    Manufacturing.
336391...........  Motor Vehicle Air- 336390..........  Other Motor
                    Conditioning                         Vehicle Parts
                    Manufacturing.                       Manufacturing.
336399...........  All Other Motor
                    Vehicle Parts
                    Manufacturing.
337129...........  Wood Television,   321999..........  All Other
                    Radio, and                           Miscellaneous
                    Sewing Machine                       Wood Product
                    Cabinet                              Manufacturing.
                    Manufacturing.
339911...........  Jewelry (except    339910..........  Jewelry and
                    Costume)                             Silverware
                    Manufacturing.                       Manufacturing.
339912...........  Silverware and
                    Hollowware
                    Manufacturing.
339913...........  Jewelers'
                    Material and
                    Lapidary Work
                    Manufacturing.
339914...........  Costume Jewelry
                    and Novelty
                    Manufacturing.
339931...........  Doll and Stuffed   339930..........  Doll, Toy, and
                    Toy                                  Game
                    Manufacturing.                       Manufacturing.
339932...........  Game, Toy, and
                    Children's
                    Vehicle
                    Manufacturing.
339941...........  Pen and            339940..........  Office Supplies
                    Mechanical                           (except Paper)
                    Pencil                               Manufacturing.
                    Manufacturing.
339942...........  Lead Pencil and
                    Art Good
                    Manufacturing.
339943...........  Marking Device
                    Manufacturing.
339944...........  Carbon Paper and
                    Inked Ribbon
                    Manufacturing.
------------------------------------------------------------------------

VIII. What additional reporting burden is associated with this action?

    This proposed rule would add no new reporting requirements, and 
there would be no net increase in respondent burden. Facilities were 
first required to use NAICS codes when reporting their toxic chemical 
releases and other waste management activities to EPA beginning in 2007 
for reporting year 2006. Covered facilities should refer to the updated 
NAICS code list in 40 CFR 372.23 when reporting. Crosswalk tables 
between 2007 NAICS codes and 2012 NAICS codes can be found on the 
Internet at http://www.census.gov/epcd/www/naics.html.

IX. Regulatory Assessment Requirements

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).
    EPA analyzed the potential costs and benefits associated with this 
action, and determined that since this rule adds no new reporting 
requirements, there will be no net increase in respondent burden or 
other economic impacts.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
Facilities that are affected by the rule are already required to report 
their industrial classification codes on the approved reporting forms 
under section 313 of EPCRA and 6607 of the PPA.
    However, the Office of Management and Budget (OMB) has previously 
approved the information collection requirements contained in 40 CFR 
part 372 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., and has assigned OMB control number 2025-0009 (EPA ICR 
No. 1363-21) for Form R and Form A. A copy of the OMB approved 
Information Collection Requests (ICRs) may be obtained from Susan Auby, 
Collection Strategies Division; U.S. Environmental Protection Agency 
(2822T); 1200 Pennsylvania Ave. NW., Washington, DC 20460 or by calling 
(202) 566-1672. The OMB control numbers for EPA's regulations in 40 CFR 
are listed in 40 CFR part 9.

C. The Regulatory Flexibility Act (RFA), as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities, section 601 of the RFA, 5 U.S.C. 601, defines ``small 
entity'' as: (1) A business that is classified as a ``small business'' 
by the Small Business Administration at 13 CFR 121.201; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; or (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    This rule adds no new reporting requirements, and there will be no 
net increase in respondent burden. This

[[Page 42917]]

rule only proposes to update the NAICS codes already reported by 
respondents. After considering the economic impacts of today's proposed 
rule on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
This proposed rule will not impose any requirements on small entities.
    We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in 
expenditures of $100 million or more to State, local, and tribal 
governments, in the aggregate, or to the private sector in any one 
year. This rule adds no new reporting requirements and there will be no 
net increase in respondent burden. Thus, this rule is not subject to 
the requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This EPA action 
contains no new reporting requirements.

E. Executive Order 13132, Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action only proposes to update 
the NAICS reporting codes used by TRI reporting facilities on chemical 
reporting forms. Thus, Executive Order 13132 does not apply to this 
rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed action 
from State and local officials.

F. Executive Order 13175

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249), November 9, 2000, because this 
action only proposes to update the NAICS reporting codes for TRI 
reporting purposes. Thus, Executive Order 13175 does not apply to this 
rule.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997), as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it does not establish an environmental standard intended 
to mitigate health or safety risks.

H. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations.

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because the rule 
addresses information collection and does not affect the level of 
protection provided to human health or the environment. This rule 
simply proposes to update the NAICS reporting codes for TRI reporting 
purposes.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements, Toxic chemicals.

    Dated: July 9, 2013.
Bob Perciasepe,
Acting Administrator.

    For the reasons set out in the preamble, title 40 Chapter I of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 372--[AMENDED]

0
1. The authority citation for part 372 continues to read as follows:

    Authority:  42 U.S.C. 11023 and 11048.

0
2. Amend Sec.  372.22 by revising the introductory text for paragraph 
(b) to read as follows:


Sec.  372.22  Covered facilities for toxic chemical release reporting.

* * * * *
    (b) The facility is in a Standard Industrial Classification (SIC) 
(as in effect on January 1, 1987) major group or industry code listed 
in Sec.  372.23(a), for which the corresponding North American Industry 
Classification System (NAICS) (as in effect on January 1, 2012, for 
reporting year 2013 and thereafter) subsector and industry codes are 
listed in Sec. Sec.  372.23(b) and 372.23(c) by virtue of the fact that 
it meets one of the following criteria:
* * * * *
0
3. Amend Sec.  372.23 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  372.23  SIC and NAICS codes to which this Part applies.

* * * * *
    (b) NAICS codes that correspond to SIC codes 20 through 39

[[Page 42918]]



------------------------------------------------------------------------
    Subsector code or industry code       Exceptions and/or limitations
------------------------------------------------------------------------
311 Food Manufacturing.................  Except 311119--Exception is
                                          limited to facilities
                                          primarily engaged in Custom
                                          Grain Grinding for Animal Feed
                                          (previously classified under
                                          SIC 0723, Crop Preparation
                                          Services for Market, Except
                                          Cotton Ginning);
                                         Except 311340--Exception is
                                          limited to facilities
                                          primarily engaged in the
                                          retail sale of candy, nuts,
                                          popcorn and other confections
                                          not for immediate consumption
                                          made on the premises
                                          (previously classified under
                                          SIC 5441, Candy, Nut, and
                                          Confectionery Stores);
                                         Except 311352--Exception is
                                          limited to facilities
                                          primarily engaged in the
                                          retail sale of candy, nuts,
                                          popcorn and other confections
                                          not for immediate consumption
                                          made on the premises
                                          (previously classified under
                                          SIC 5441, Candy, Nut, and
                                          Confectionery Stores);
                                         Except 311611--Exception is
                                          limited to facilities
                                          primarily engaged in Custom
                                          Slaughtering for individuals
                                          (previously classified under
                                          SIC 0751, Livestock Services,
                                          Except Veterinary,
                                          Slaughtering, custom: for
                                          individuals);
                                         Except 311612--Exception is
                                          limited to facilities
                                          primarily engaged in the
                                          cutting up and resale of
                                          purchased fresh carcasses for
                                          the trade (including boxed
                                          beef), and in the wholesale
                                          distribution of fresh, cured,
                                          and processed (but not canned)
                                          meats and lard (previously
                                          classified under SIC 5147,
                                          Meats and Meat Products);
                                         Except 311811--Retail Bakeries
                                          (previously classified under
                                          SIC 5461, Retail Bakeries);
312 Beverage and Tobacco Product         Except 312112--Exception is
 Manufacturing.                           limited to facilities
                                          primarily engaged in bottling
                                          mineral or spring water
                                          (previously classified under
                                          SIC 5149, Groceries and
                                          Related Products, NEC);
                                         Except 312230--Exception is
                                          limited to facilities
                                          primarily engaged in providing
                                          Tobacco Sheeting Services
                                          (previously classified under
                                          SIC 7389, Business Services,
                                          NEC);
313 Textile Mills......................  Except 313310--Exception is
                                          limited to facilities
                                          primarily engaged in
                                          converting broadwoven piece
                                          goods and broadwoven textiles,
                                          (previously classified under
                                          SIC 5131, Piece Goods Notions,
                                          and Other Dry Goods,
                                          broadwoven and non-broadwoven
                                          piece good converters); and
                                          facilities primarily engaged
                                          in converting narrow woven
                                          Textiles and narrow woven
                                          piece goods, (previously
                                          classified under SIC 5131,
                                          Piece Good Notions, and Other
                                          Dry Goods, converters, except
                                          broadwoven fabric); and
                                          facilities primarily engaged
                                          in sponging fabric for tailors
                                          and dressmakers (previously
                                          classified under SIC 7389,
                                          Business Services, NEC
                                          (Sponging fabric for tailors
                                          and dressmakers);
314 Textile Product Mills..............  Except 314120--Exception is
                                          limited to facilities
                                          primarily engaged in making
                                          Custom drapery and in making
                                          Custom slipcovers for retail
                                          sale (previously classified
                                          under SIC 5714, Drapery,
                                          Curtain, and Upholstery
                                          Stores);
                                         Except 314999--Exception is
                                          limited to facilities
                                          primarily engaged in Binding
                                          carpets and rugs for the
                                          trade, Carpet cutting and
                                          binding, and Embroidering on
                                          textile products (except
                                          apparel) for the trade
                                          (previously classified under
                                          SIC 7389, Business Services
                                          Not Elsewhere Classified,
                                          Embroidering of advertising on
                                          shirts and Rug binding for the
                                          trade);
315 Apparel Manufacturing..............  Except 315220--Exception is
                                          limited to custom tailors
                                          primarily engaged in making
                                          and selling men's and boys'
                                          suits, men's and boys' dress
                                          shirts, and bridal dresses or
                                          gowns or women's, misses' and
                                          girls' dresses, cut and sewn
                                          from purchased fabric
                                          (previously classified under
                                          SIC 5699, Miscellaneous
                                          Apparel and Accessory Stores
                                          (custom tailors)) and to
                                          custom tailors primarily
                                          engaged in making and selling
                                          bridal dresses or gowns, or
                                          women's, misses' and girls'
                                          dresses cut and sewn from
                                          purchased fabric (except
                                          apparel contractors) (custom
                                          dressmakers) (previously
                                          classified under SIC Code
                                          5699, Miscellaneous Apparel
                                          and Accessory Stores);
316 Leather and Allied Product           ...............................
 Manufacturing.
321 Wood Product Manufacturing.          ...............................
322 Paper Manufacturing.                 ...............................
323 Printing and Related Support         Except 323111--Exception is
 Activities.                              limited to facilities
                                          primarily engaged in
                                          reproducing text, drawings,
                                          plans, maps, or other copy, by
                                          blueprinting, photocopying,
                                          mimeographing, or other
                                          methods of duplication other
                                          than printing or microfilming
                                          (i.e., instant printing)
                                          (previously classified under
                                          SIC 7334, Photocopying and
                                          Duplicating Services, (instant
                                          printing));
324 Petroleum and Coal Products          ...............................
 Manufacturing.
325 Chemical Manufacturing.............  Except 325998--Exception is
                                          limited to facilities
                                          primarily engaged in Aerosol
                                          can filling on a job order or
                                          contract basis (previously
                                          classified under SIC 7389,
                                          Business Services, NEC
                                          (aerosol packaging));

[[Page 42919]]

 
326 Plastics and Rubber Products         Except 326212--Tire Retreading,
 Manufacturing.                           (previously classified under
                                          SIC 7534, Tire Retreading and
                                          Repair Shops (rebuilding));
327 Nonmetallic Mineral Product          Except 327110--Exception is
 Manufacturing.                           limited to facilities
                                          primarily engaged in
                                          manufacturing and selling
                                          pottery on site (previously
                                          classified under SIC 5719,
                                          Miscellaneous Homefurnishing
                                          Stores);
331 Primary Metal Manufacturing.         ...............................
332 Fabricated Metal Product             ...............................
 Manufacturing.
333 Machinery Manufacturing.             ...............................
334 Computer and Electronic Product      Except 334614--Exception is
 Manufacturing.                           limited to facilities
                                          primarily engaged in Software
                                          Reproducing (previously
                                          classified under SIC 7372,
                                          Prepackaged Software,
                                          (reproduction of software))
                                          and to facilities primarily
                                          engaged in mass reproducing
                                          pre-recorded Video cassettes,
                                          and mass reproducing Video
                                          tape or disk (previously
                                          classified under SIC 7819,
                                          Services Allied to Motion
                                          Picture Production
                                          (reproduction of Video));
335 Electrical Equipment, Appliance,     Except 335312--Exception is
 and Component Manufacturing.             limited to facilities
                                          primarily engaged in armature
                                          rewinding on a factory basis
                                          (previously classified under
                                          SIC 7694 (Armature Rewinding
                                          Shops (remanufacturing));
336 Transportation Equipment             ...............................
 Manufacturing.
337 Furniture and Related Product        Except 337110--Exception is
 Manufacturing.                           limited to facilities
                                          primarily engaged in the
                                          retail sale of household
                                          furniture and that manufacture
                                          custom wood kitchen cabinets
                                          and counter tops (previously
                                          classified under SIC 5712,
                                          Furniture Stores (custom wood
                                          cabinets));
                                         Except 337121--Exception is
                                          limited to facilities
                                          primarily engaged in the
                                          retail sale of household
                                          furniture and that manufacture
                                          custom made upholstered
                                          household furniture
                                          (previously classified under
                                          SIC 5712, Furniture Stores
                                          (upholstered, custom made
                                          furniture));
                                         Except 337122--Exception is
                                          limited to facilities
                                          primarily engaged in the
                                          retail sale of household
                                          furniture and that manufacture
                                          nonupholstered, household
                                          type, custom wood furniture
                                          (previously classified under
                                          SIC 5712, Furniture Stores
                                          (custom made wood
                                          nonupholstered household
                                          furniture except cabinets));
339 Miscellaneous Manufacturing........  Except 339113--Exception is
                                          limited to facilities
                                          primarily engaged in
                                          manufacturing orthopedic
                                          devices to prescription in a
                                          retail environment (previously
                                          classified under SIC 5999,
                                          Miscellaneous Retail Stores,
                                          NEC);
                                         Except 339115--Exception is
                                          limited to lens grinding
                                          facilities that are primarily
                                          engaged in the retail sale of
                                          eyeglasses and contact lenses
                                          to prescription for
                                          individuals (previously
                                          classified under SIC 5995,
                                          Optical Goods Stores (optical
                                          laboratories grinding of
                                          lenses to prescription));
                                         Except 339116--Dental
                                          Laboratories (previously
                                          classified under SIC 8072,
                                          Dental Laboratories);
111998 All Other Miscellaneous Crop      Limited to facilities primarily
 Farming.                                 engaged in reducing maple sap
                                          to maple syrup (previously
                                          classified under SIC 2099,
                                          Food Preparations, NEC,
                                          Reducing Maple Sap to Maple
                                          Syrup);
113310 Logging.                          ...............................
211112 Natural Gas Liquid Extraction...  Limited to facilities that
                                          recover sulfur from natural
                                          gas (previously classified
                                          under SIC 2819, Industrial
                                          Inorganic chemicals, NEC
                                          (recovering sulfur from
                                          natural gas));
212324 Kaolin and Ball Clay Mining.....  Limited to facilities operating
                                          without a mine or quarry and
                                          that are primarily engaged in
                                          beneficiating kaolin and clay
                                          (previously classified under
                                          SIC 3295, Minerals and Earths,
                                          Ground or Otherwise Treated
                                          (grinding, washing,
                                          separating, etc. of minerals
                                          in SIC 1455));
212325 Mining..........................  Limited to facilities operating
                                          without a mine or quarry and
                                          that are primarily engaged in
                                          beneficiating clay and ceramic
                                          and refractory minerals
                                          (previously classified under
                                          SIC 3295, Minerals and Earths,
                                          Ground or Otherwise Treated
                                          (grinding, washing,
                                          separating, etc. of minerals
                                          in SIC 1459));
212393 Other Chemical and Fertilizer     Limited to facilities operating
 Mineral Mining.                          without a mine or quarry and
                                          that are primarily engaged in
                                          beneficiating chemical or
                                          fertilizer mineral raw
                                          materials (previously
                                          classified under SIC 3295,
                                          Minerals and Earths, Ground or
                                          Otherwise Treated (grinding,
                                          washing, separating, etc. of
                                          minerals in SIC 1479));
212399 All Other Nonmetallic Mineral     Limited to facilities operating
 Mining.                                  without a mine or quarry and
                                          that are primarily engaged in
                                          beneficiating nonmetallic
                                          minerals (previously
                                          classified under SIC 3295,
                                          Minerals and Earths, Ground or
                                          Otherwise Treated (grinding,
                                          washing, separating, etc. of
                                          minerals in SIC 1499));
488390 Other Support Activities for      Limited to facilities that are
 Water Transportation.                    primarily engaged in providing
                                          routine repair and maintenance
                                          of ships and boats from
                                          floating drydocks (previously
                                          classified under SIC 3731,
                                          Shipbuilding and Repairing
                                          (floating drydocks not
                                          associated with a shipyard));

[[Page 42920]]

 
511110 Newspaper Publishers.             ...............................
511120 Periodical Publishers.            ...............................
511130 Book Publishers.                  ...............................
511140 Directory and Mailing List        Except facilities that are
 Publishers.                              primarily engaged in
                                          furnishing services for direct
                                          mail advertising including
                                          Address list compilers,
                                          Address list publishers,
                                          Address list publishers and
                                          printing combined, Address
                                          list publishing , Business
                                          directory publishers, Catalog
                                          of collections publishers,
                                          Catalog of collections
                                          publishers and printing
                                          combined, Mailing list
                                          compilers, Directory
                                          compilers, and Mailing list
                                          compiling services (previously
                                          classified under SIC 7331,
                                          Direct Mail Advertising
                                          Services (mailing list
                                          compilers));
511191 Greeting Card Publishers.         ...............................
511199 All Other Publishers.             ...............................
512220 Integrated Record Production/     ...............................
 Distribution.
512230 Music Publishers................  Except facilities primarily
                                          engaged in Music copyright
                                          authorizing use, Music
                                          copyright buying and
                                          licensing, and Music
                                          publishers working on their
                                          own account (previously
                                          classified under SIC 8999,
                                          Services, NEC (music
                                          publishing));
519130 Internet Publishing and           Limited to facilities primarily
 Broadcasting and Web Search Portals.     engaged in Internet newspaper
                                          publishing (previously
                                          classified under SIC 2711,
                                          Newspapers: Publishing, or
                                          Publishing and Printing),
                                          Internet periodical publishing
                                          (previously classified under
                                          SIC 2721, Periodicals:
                                          Publishing, or Publishing and
                                          Printing), Internet book
                                          publishing (previously
                                          classified under SIC 2731,
                                          Books: Publishing, or
                                          Publishing and Printing),
                                          Miscellaneous Internet
                                          publishing (previously
                                          classified under SIC 2741,
                                          Miscellaneous Publishing),
                                          Internet greeting card
                                          publishers (previously
                                          classified under SIC 2771,
                                          Greeting Cards); Except for
                                          facilities primarily engaged
                                          in Web search portals.
541712 Research and Development in the   Limited to facilities that are
 Physical, Engineering, and Life          primarily engaged in Guided
 Sciences (except Biotechnology).         missile and space vehicle
                                          engine research and
                                          development (previously
                                          classified under SIC 3764,
                                          Guided Missile and Space
                                          Vehicle Propulsion Units and
                                          Propulsion Unit Parts), and in
                                          Guided missile and space
                                          vehicle parts (except engines)
                                          research and development
                                          (previously classified under
                                          SIC 3769, Guided Missile and
                                          Space Vehicle Parts and
                                          Auxiliary Equipment, Not
                                          Elsewhere Classified);
811490 Other Personal and Household      Limited to facilities that are
 Goods Repair and Maintenance.            primarily engaged in repairing
                                          and servicing pleasure and
                                          sail boats without retailing
                                          new boats (previously
                                          classified under SIC 3732,
                                          Boat Building and Repairing
                                          (pleasure boat building));
------------------------------------------------------------------------

    (c) NAICS codes that correspond to SIC codes other than SIC codes 
20 through 39.

------------------------------------------------------------------------
       Subsector or industry code         Exceptions and/or limitations
------------------------------------------------------------------------
212111 Bituminous Coal and Lignite       ...............................
 Surface Mining.
212112 Bituminous Coal and Underground   ...............................
 Mining.
212113 Anthracite Mining.                ...............................
212221 Gold Ore Mining.                  ...............................
212222 Silver Ore Mining.                ...............................
212231 Lead Ore and Zinc Ore Mining.     ...............................
212234 Copper Ore and Nickel Ore         ...............................
 Mining.
212299 Other Metal Ore Mining.           ...............................
221111 Hydroelectric Power Generation.   Limited to facilities that
                                          combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221112 Fossil Fuel Electric Power        Limited to facilities that
 Generation.                              combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221113 Nuclear Electric Power            Limited to facilities that
 Generation.                              combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221118 Other Electric Power Generation.  Limited to facilities that
                                          combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221121 Electric Bulk Power Transmission  Limited to facilities that
 and Control.                             combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221122 Electric Power Distribution.....  Limited to facilities that
                                          combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221330 Steam and Air Conditioning        Limited to facilities engaged
 Supply.                                  in providing combinations of
                                          electric, gas, and other
                                          services, not elsewhere
                                          classified (N.E.C.)
                                          (previously classified under
                                          SIC 4939, Combination Utility
                                          Services Not Elsewhere
                                          Classified. )
424690 Other Chemical and Allied         ...............................
 Products Merchant Wholesalers.

[[Page 42921]]

 
424710 Petroleum Bulk Stations and       ...............................
 Terminals.
425110 Business to Business Electronic   Limited to facilities
 Markets.                                 previously classified in SIC
                                          5169, Chemicals and Allied
                                          Products, Not Elsewhere
                                          Classified.
425120 Wholesale Trade Agents and        Limited to facilities
 Brokers.                                 previously classified in SIC
                                          5169, Chemicals and Allied
                                          Products, Not Elsewhere
                                          Classified.
562112 Hazardous Waste Collection......  Limited to facilities primarily
                                          engaged in solvent recovery
                                          services on a contract or fee
                                          basis (previously classified
                                          under SIC 7389, Business
                                          Services, NEC);
562211 Hazardous Waste Treatment and     Limited to facilities regulated
 Disposal.                                under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
562212 Solid Waste Landfill............  Limited to facilities regulated
                                          under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
562213 Solid Waste Combustors and        Limited to facilities regulated
 Incinerators.                            under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
562219 Other Nonhazardous Waste          Limited to facilities regulated
 Treatment and Disposal.                  under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
562920 Materials Recovery Facilities...  Limited to facilities regulated
                                          under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
------------------------------------------------------------------------


[FR Doc. 2013-17297 Filed 7-17-13; 8:45 am]
BILLING CODE 6560-50-P