42910 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules 

contingency measures continue to be 

suspended for so long as the area 

continues to monitor attainment of the 

2006 24-hour PM2.5 NAAQS. If, in the 

future, the EPA determines after noticeand-comment rulemaking that the area 

again violates the 2006 24-hour PM2.5

NAAQS, the basis for suspending the 

attainment demonstration, RFP, RACM, 

and contingency measure obligations 

would no longer exist. 

VI. Proposed Action 

The EPA proposes to determine, 

based on the most recent three years of 

complete, quality-assured data meeting 

the requirements of 40 CFR part 50, 

appendix N, that the Tacoma-Pierce 

County Area is currently attaining the 

2006 24-hour PM2.5 NAAQS. In 

conjunction with and based upon our 

proposed determination that TacomaPierce County Area is attaining the 

standard, the EPA proposes to 

determine that the obligation to submit 

the following attainment-related 

planning requirements are not 

applicable for so long as the area 

continues to attain the PM2.5 standard: 

The part D, subpart 4 obligations to 

provide an attainment demonstration 

pursuant to CAA section 189(a)(1)(B), 

the RACM provisions of CAA section 

189(a)(1)(C), the RFP provisions of CAA 

section 189(c), and related attainment 

demonstration, RACM, RFP and 

contingency measure provisions 

requirements of subpart 1, CAA section 

172. This proposed action, if finalized, 

would not constitute a redesignation to 

attainment under CAA section 

107(d)(3). In conjunction with this 

proposed finding of attainment, the EPA 

is proposing to approve MVEBs 

calculated for the 2011 attainment year, 

the year that the Tacoma-Pierce County 

first attained the 2006 24-hour PM2.5

NAAQS. The EPA is proposing approval 

of MVEBs pursuant to 40 CFR 

93.109(c)(5)(iii), as described in the 

Transportation Conformity Rule and the 

preamble of the Transportation 

Conformity Restructuring Amendments 

(77 FR 14982, March 14, 2012). 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. The 

SIP is not approved to apply in Indian 

country located in the State, except for 

non-trust land within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided State and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area and the EPA is therefore approving 

this SIP on such lands. Consistent with 

EPA policy, the EPA provided a 

consultation opportunity to the 

Puyallup Tribe in a letter dated 

December 11, 2012. The EPA did not 

receive a request for consultation. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 8, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2013–17267 Filed 7–17–13; 8:45 am] 

BILLING CODE 6560–50–P 

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 


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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: oei.docket@epa.gov. 

• 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: 

kendall.judith@epa.gov. 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, 


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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 § 372.23. 


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REVISED TRI 2012 REPORTING CODES

2007 NAICS 

Code 2007 NAICS and U.S. Description 2012 NAICS Code 2012 NAICS description 

221119 .......... Other Electric Power Generation. 221118 ......... Other Electric Power Generation. 

311222 ..........

311223 ..........

Soybean Processing. 

Other Oilseed Processing. 

311224 ......... Soybean and Other Oilseed Processing. 

311311 ..........

311312 ..........

Sugarcane Mills. 

Cane Sugar Refining. 

311314 ......... Cane Sugar Manufacturing. 

311320 .......... Chocolate and Confectionery Manufacturing from 

Cacao Beans. 

311351 ......... Chocolate and Confectionery Manufacturing from 

Cacao Beans. 

311330 .......... Confectionery Manufacturing from Purchased Chocolate. 311352 ......... Confectionery Manufacturing from Purchased Chocolate. 

311711 ..........

311712 ..........

Seafood Canning. 

Fresh and Frozen Seafood Processing. 

311710 ......... Seafood Product Preparation and Packaging. 

311822 ..........

311823 ..........

Flour Mixes and Dough Manufacturing from Purchased Flour. 

Dry Pasta Manufacturing. 

311824 ......... Dry Pasta, Dough, and Flour Mixes Manufacturing 

from Purchased Flour. 

312210 .......... Tobacco Stemming and Redrying. 312230 ......... Tobacco Manufacturing. 

312221 .......... Cigarette Manufacturing. 

312229 .......... Other Tobacco Product Manufacturing. 

313111 .......... Yarn Spinning Mills. 313110 ......... Fiber, Yarn, and Thread Mills. 

313112 .......... Yarn Texturizing, Throwing, and Twisting Mills. 

313113 .......... Thread Mills. 

313221 .......... Narrow Fabric Mills. 313220 ......... Narrow Fabric Mills and Schiffli Machine Embroidery. 

313222 .......... Schiffli Machine Embroidery. 

313241 .......... Weft Knit Fabric Mills. 313240 ......... Knit Fabric Mills. 

313249 .......... Other Knit Fabric and Lace Mills. 

313311 .......... Broadwoven Fabric Finishing Mills. 313310 ......... Textile and Fabric Finishing Mills. 

313312 .......... Textile and Fabric Finishing (except Broadwoven Fabric) Mills. 

314121 .......... Curtain and Drapery Mills. 314120 ......... Curtain and Linen Mills. 

314129 .......... Other Household Textile Product Mills. 

314911 .......... Textile Bag Mills. 314910 ......... Textile Bag and Canvas Mills. 

314912 .......... Canvas and Related Product Mills. 

314991 .......... Rope, Cordage, and Twine Mills. 314994 ......... Rope, Cordage, Twine, Tire Cord, and Tire Fabric 

Mills. 

314992 .......... Tire Cord and Tire Fabric Mills. 

315111 .......... Sheer Hosiery Mills. 315110 ......... Hosiery and Sock Mills. 

315119 .......... Other Hosiery and Sock Mills. 

315191 .......... Outerwear Knitting Mills. 315190 ......... Other Apparel Knitting Mills. 

315192 .......... Underwear and Nightwear Knitting Mills. 

315211 .......... Men’s and Boys’ Cut and Sew Apparel Contractors. 315210 ......... Cut and Sew Apparel Contractors. 

315212 .......... Women’s, Girls’, and Infants’ Cut and Sew Apparel 

Contractors. 

315221 .......... Men’s and Boys’ Cut and Sew Underwear and Nightwear Manufacturing. 315220 ......... Men’s and Boys’ Cut and Sew Apparel 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 Girls’ Cut and Sew Lingerie, 

Loungewear, and Nightwear Manufacturing. 

315240 ......... Women’s, Girls’, and Infants’ Cut and Sew Apparel 

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 Apparel Manufacturing. 315280 ......... Other Cut and Sew Apparel Manufacturing. 

315299 .......... All Other Cut and Sew Apparel Manufacturing. 

315991 .......... Hat, Cap, and Millinery Manufacturing. 315990 ......... Apparel Accessories and Other Apparel Manufacturing. 

315992 .......... Glove and Mitten Manufacturing. 

315993 .......... Men’s and Boys’ Neckwear Manufacturing. 


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REVISED TRI 2012 REPORTING CODES—Continued 

2007 NAICS 

Code 2007 NAICS and U.S. Description 2012 NAICS Code 2012 NAICS description 

315999 .......... Other Apparel Accessories and Other Apparel Manufacturing. 

316211 .......... Rubber and Plastics Footwear Manufacturing. 316210 ......... 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 Manufacturing. 316998 ......... All Other 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 Box Manufacturing. 322219 ......... Other Paperboard Container Manufacturing. 

322214 .......... Fiber Can, Tube, Drum, and Similar Products Manufacturing. 

322215 .......... Nonfolding Sanitary Food Container Manufacturing. 

322221 .......... Coated and Laminated Packaging. 322220 ......... Paper Bag and Coated and 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 Paperboard Office Supplies Manufacturing. 322230 ......... Stationery Product Manufacturing. 

322232 .......... Envelope Manufacturing. 

322233 .......... Stationery, Tablet, and Related Product Manufacturing. 

323110 .......... Commercial Lithographic Printing. 323111 ......... Commercial 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 Related Work. 323120 ......... Support Activities for Printing. 

323122 .......... Prepress Services. 

325131 .......... Inorganic Dye and Pigment Manufacturing. 325130 ......... Synthetic Dye and Pigment Manufacturing. 

325132 .......... Synthetic Organic Dye and Pigment Manufacturing. 

325181 .......... Alkalies and Chlorine Manufacturing. 325180 ......... Other Basic Inorganic Chemical Manufacturing. 

325182 .......... Carbon Black Manufacturing. 

325188 .......... All Other Basic Inorganic Chemical Manufacturing. 

325191 .......... Gum and Wood Chemical Manufacturing. 325194 ......... Cyclic Crude, Intermediate, and Gum and Wood 

Chemical Manufacturing. 

325192 .......... Cyclic Crude and Intermediate Manufacturing. 

325221 .......... Cellulosic Organic Fiber Manufacturing. 325220 ......... Artificial and Synthetic Fibers and Filaments Manufacturing. 

325222 .......... Noncellulosic Organic Fiber Manufacturing. 

326192 .......... Resilient Floor Covering Manufacturing. 326199 ......... All Other Plastics Product Manufacturing. 

327111 .......... Vitreous China Plumbing Fixture and China and Earthenware Bathroom Accessories Manufacturing. 327110 ......... Pottery, Ceramics, and Plumbing Fixture Manufacturing. 

327112 .......... Vitreous China, Fine Earthenware, and Other Pottery 

Product Manufacturing. 

327113 .......... Porcelain Electrical Supply Manufacturing. 

327121 .......... Brick and Structural Clay Tile Manufacturing. 327120 ......... Clay Building Material and Refractories 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 Mills. 331110 ......... Iron and Steel Mills and Ferroalloy Manufacturing. 

331112 .......... Electrometallurgical Ferroalloy Product Manufacturing. 

331311 .......... Alumina Refining. 331313 ......... Alumina Refining and Primary Aluminum Production. 

331312 .......... Primary Aluminum Production. 

331316 .......... Aluminum Extruded Product Manufacturing. 331318 ......... Other Aluminum Rolling, Drawing, and Extruding. 

331319 .......... Other Aluminum Rolling and Drawing. 


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REVISED TRI 2012 REPORTING CODES—Continued 

2007 NAICS 

Code 2007 NAICS and U.S. Description 2012 NAICS Code 2012 NAICS description 

331411 .......... Primary Smelting and Refining of Copper. 331410 ......... Nonferrous Metal (except Aluminum) Smelting and 

Refining. 

331419 .......... Primary Smelting and Refining of Nonferrous Metal 

(except Copper and Aluminum). 

331421 .......... Copper Rolling, Drawing, and Extruding. 331420 ......... Copper Rolling, Drawing, Extruding, and Alloying. 

331422 .......... Copper Wire (except Mechanical) Drawing. 

331423 .......... Secondary Smelting, Refining, and Alloying of Copper. 

331521 .......... Aluminum Die-Casting Foundries. 331523 ......... Nonferrous Metal Die-Casting Foundries. 

331522 .......... Nonferrous (except Aluminum) Die-Casting Foundries. 

331525 .......... Copper Foundries (except Die-Casting). 331529 ......... Other Nonferrous Metal Foundries (except Die-Casting). 

331528 .......... Other Nonferrous Foundries (except Die-Casting). 

332115 .......... Crown and Closure Manufacturing. 332119 ......... Metal Crown, Closure, and Other Metal Stamping (except Automotive). 

332116 .......... Metal Stamping. 

332211 .......... Cutlery and Flatware (except Precious) Manufacturing. 332215 ......... Metal Kitchen Cookware, Utensil, Cutlery, and Flatware (except Precious) Manufacturing. 

332214 .......... Kitchen Utensil, Pot, and Pan Manufacturing. 

332212 .......... Hand and Edge Tool Manufacturing. 332216 ......... Saw Blade and Handtool Manufacturing. 

332213 .......... Saw Blade and Handsaw Manufacturing. 

332611 .......... Spring (Heavy Gauge) Manufacturing. 332613 ......... Spring Manufacturing. 

332612 .......... Spring (Light Gauge) Manufacturing. 

332994 .......... Small Arms Manufacturing. 332994 ......... Small Arms, Ordnance, and Ordnance Accessories 

Manufacturing. 

332995 .......... Other Ordnance and Accessories Manufacturing. 

332997 .......... Industrial Pattern Manufacturing. 332999 ......... All Other Miscellaneous Fabricated Metal Product 

Manufacturing. 

332998 .......... Enameled Iron and Metal Sanitary Ware Manufacturing. 332999 ......... All Other Miscellaneous Fabricated Metal Product 

Manufacturing. 

332999 .......... All Other Miscellaneous Fabricated Metal Product 

Manufacturing. 

333210 .......... Sawmill and Woodworking Machinery Manufacturing 

pt. 

333243 ......... Sawmill, Woodworking, and Paper Machinery Manufacturing. 

333291 .......... Paper Industry Machinery Manufacturing. 

333220 .......... Plastics and Rubber Industry Machinery Manufacturing. 333249 ......... Other Industrial Machinery Manufacturing. 

333292 .......... Textile Machinery Manufacturing. 

333298 .......... All Other Industrial Machinery Manufacturing. 

333293 .......... Printing Machinery and Equipment Manufacturing. 333244 ......... Printing Machinery and Equipment Manufacturing. 

333294 .......... Food Product Machinery Manufacturing. 333241 ......... Food Product Machinery Manufacturing. 

333295 .......... Semiconductor Machinery Manufacturing. 333242 ......... Semiconductor Machinery Manufacturing. 

333311 .......... Automatic Vending Machine Manufacturing. 333318 ......... Other Commercial and Service 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 Photocopying Equipment Manufacturing. 333316 ......... Photographic and Photocopying Equipment Manufacturing. 

334119 .......... Other Computer Peripheral Equipment Manufacturing. 

digital camera manufacturing. 

333411 .......... Air Purification Equipment Manufacturing. 333413 ......... Industrial and Commercial Fan and Blower and Air 

Purification Equipment Manufacturing. 

333412 .......... Industrial and Commercial Fan and Blower Manufacturing. 

333512 .......... Machine Tool (Metal Cutting Types) Manufacturing. 333517 ......... Machine Tool Manufacturing. 

333513 .......... Machine Tool (Metal Forming Types) Manufacturing. 

333516 .......... Rolling Mill Machinery and Equipment Manufacturing. 333519 ......... Rolling Mill and Other Metalworking Machinery Manufacturing. 

333518 .......... Other Metalworking Machinery Manufacturing. 

334113 .......... Computer Terminal Manufacturing. 334118 ......... Computer Terminal and Other Computer Peripheral 

Equipment Manufacturing. 

334119 .......... Other Computer Peripheral Equipment Manufacturing 

except digital camera manufacturing. 

334411 .......... Electron Tube Manufacturing. 334419 ......... Other Electronic Component Manufacturing. 

334414 .......... Electronic Capacitor Manufacturing. 334416 ......... Capacitor, Resistor, Coil, Transformer, and Other Inductor Manufacturing. 

334415 .......... Electronic Resistor Manufacturing. 

334416 .......... Electronic Coil, Transformer, and Other Inductor Manufacturing. 


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REVISED TRI 2012 REPORTING CODES—Continued 

2007 NAICS 

Code 2007 NAICS and U.S. Description 2012 NAICS Code 2012 NAICS description 

334518 .......... Watch, Clock, and Part Manufacturing. 334519 ......... Other Measuring and Controlling Device Manufacturing. 

334611 .......... Software Reproducing. 334614 ......... Software and Other Prerecorded Compact Disc, Tape, 

and Record Reproducing. 

334612 .......... Prerecorded Compact Disc (except Software), Tape, 

and Record Reproducing. 

335211 .......... Electric Housewares and Household Fan Manufacturing. 335210 ......... Small Electrical Appliance Manufacturing. 

335212 .......... Household Vacuum Cleaner Manufacturing. 

336311 .......... Carburetor, Piston, Piston Ring, and Valve Manufacturing. 336310 ......... Motor Vehicle Gasoline Engine and Engine Parts 

Manufacturing. 

336312 .......... Gasoline Engine and Engine Parts Manufacturing. 

336321 .......... Vehicular Lighting Equipment Manufacturing. 336320 ......... Motor Vehicle Electrical and Electronic Equipment 

Manufacturing. 

336322 .......... Other Motor Vehicle Electrical and Electronic Equipment Manufacturing. 

336391 .......... Motor Vehicle Air-Conditioning Manufacturing. 336390 ......... Other Motor Vehicle Parts Manufacturing. 

336399 .......... All Other Motor Vehicle Parts Manufacturing. 

337129 .......... Wood Television, Radio, and Sewing Machine Cabinet 

Manufacturing. 

321999 ......... All Other Miscellaneous Wood Product Manufacturing. 

339911 .......... Jewelry (except Costume) Manufacturing. 339910 ......... Jewelry and Silverware Manufacturing. 

339912 .......... Silverware and Hollowware Manufacturing. 

339913 .......... Jewelers’ Material and Lapidary Work Manufacturing. 

339914 .......... Costume Jewelry and Novelty Manufacturing. 

339931 .......... Doll and Stuffed Toy Manufacturing. 339930 ......... Doll, Toy, and Game Manufacturing. 

339932 .......... Game, Toy, and Children’s Vehicle Manufacturing. 

339941 .......... Pen and Mechanical Pencil Manufacturing. 339940 ......... Office Supplies (except Paper) 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 


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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] 

■ 1. The authority citation for part 372 

continues to read as follows: 

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

■ 2. Amend § 372.22 by revising the 

introductory text for paragraph (b) to 

read as follows: 

§ 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 § 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 §§ 372.23(b) and 372.23(c) 

by virtue of the fact that it meets one of 

the following criteria: 

* * * * * 

■ 3. Amend § 372.23 by revising 

paragraphs (b) and (c) to read as follows: 

§ 372.23 SIC and NAICS codes to which 

this Part applies. 

* * * * * 

(b) NAICS codes that correspond to 

SIC codes 20 through 39 


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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 Manufacturing ............................. Except 312112—Exception is 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 Activities .......................................... Except 323111—Exception is 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)); 


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Subsector code or industry code Exceptions and/or limitations 

326 Plastics and Rubber Products Manufacturing ................................ Except 326212—Tire Retreading, (previously classified under SIC 

7534, Tire Retreading and Repair Shops (rebuilding)); 

327 Nonmetallic Mineral Product Manufacturing ................................... Except 327110—Exception is 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 Manufacturing ........................... Except 334614—Exception is 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, and Component Manufacturing Except 335312—Exception is 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 Manufacturing ............................... Except 337110—Exception is 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 Farming ..................................... Limited to facilities primarily 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 Mineral Mining .......................... Limited to facilities operating 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 Mining ....................................... Limited to facilities operating 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 Water Transportation ................... Limited to facilities that are 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)); 


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Subsector code or industry code Exceptions and/or limitations 

511110 Newspaper Publishers. 

511120 Periodical Publishers. 

511130 Book Publishers. 

511140 Directory and Mailing List Publishers ....................................... Except facilities that are 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 Broadcasting and Web Search Portals.Limited to facilities primarily 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 Physical, Engineering, and 

Life Sciences (except Biotechnology).

Limited to facilities that are primarily engaged in Guided 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 Goods Repair and Maintenance.Limited to facilities that are 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 Generation ..................................... Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221113 Nuclear Electric Power Generation .......................................... Limited to facilities that 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 and Control ........................ Limited to facilities that 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 Supply .......................................... Limited to facilities engaged 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. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules 42921 

Subsector or industry code Exceptions and/or limitations 

424710 Petroleum Bulk Stations and Terminals. 

425110 Business to Business Electronic Markets ................................. Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified. 

425120 Wholesale Trade Agents and Brokers ...................................... Limited to facilities 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 Disposal .............................. Limited to facilities regulated 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 Incinerators ............................... Limited to facilities regulated under the Resource Conservation and 

Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. 

562219 Other Nonhazardous Waste Treatment and Disposal ............. Limited to facilities regulated 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 

FEDERAL MARITIME COMMISSION 

46 CFR Part 515 

[Docket No. 13–05] 

RIN 3072–AC44 

Amendments to Regulations 

Governing Ocean Transportation 

Intermediary Licensing and Financial 

Responsibility Requirements, and 

General Duties 

AGENCY: Federal Maritime Commission. 

ACTION: Advance Notice of Proposed 

Rulemaking; Extension of Comment 

Period. 

SUMMARY: The Federal Maritime 

Commission proposes to amend its rules 

governing the licensing, financial 

responsibility requirements and duties 

of Ocean Transportation Intermediaries. 

The proposed rule is intended to adapt 

to changing industry conditions, 

improve regulatory effectiveness, 

improve transparency, streamline 

processes and reduce regulatory 

burdens. The Commission received 

requests and for a 60-day extension from 

the National Customs Brokers and 

Forwarders Association of America Inc., 

supported by the Transportation 

Intermediaries Association and from the 

Pacific Coast Council of Customs 

Brokers and Freight Forwarders 

Association, Inc. The Commission 

determined to grant a 30-day extension 

of time. 

DATES: Comments on the Advanced 

Notice of Proposed Rulemaking, 

published on May 31, 2013 (78 FR 

32946), are due on or before August 30, 

2013. 

ADDRESSES: Address all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street 

NW., Washington, DC 20573–0001, 

Phone: (202) 523–5725, Email: 

secretary@fmc.gov. 

FOR FURTHER INFORMATION CONTACT: 

James Nussbaumer, Deputy Director, 

Bureau of Certification & Licensing, 

Federal Maritime Commission, 800 

North Capitol Street NW., Washington, 

DC 20573–0001, Tel.: (202) 523–5787, 

Email: BCLMaritime@fmc.gov. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2013–17192 Filed 7–17–13; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2012–0103; 

4500030114] 

RIN 1018–AY71 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Northwest Atlantic 

Ocean Distinct Population Segment of 

the Loggerhead Sea Turtle (Caretta 

caretta) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period; announcement of 

public hearing; and availability of draft 

economic analysis. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service or USFWS), 

announce the reopening of the comment 

period on the March 25, 2013, proposed 

rule to designate specific areas in the 

terrestrial environment as critical 

habitat for the Northwest Atlantic Ocean 

Distinct Population Segment (DPS) of 

the Loggerhead Sea Turtle (Caretta 

caretta) under the Endangered Species 

Act of 1973, as amended (Act). We also 

announce the availability of a draft 

economic analysis (DEA) of the 

proposed designation of critical habitat 

and an amended required 

determinations section of the proposal. 

We also announce that, based on a 

reevaluation of the applicable Habitat 

Conservation Plan, we are removing 

Unit LOGG–T–FL–04 from 

consideration for exclusion from critical 

habitat. We are reopening the comment 

period to allow all interested parties an 

opportunity to comment simultaneously 

on the proposed rule, the associated 

DEA, and the amended required 

determinations section. Comments 

previously submitted need not be 

resubmitted, as they will be fully 

considered in preparation of the final 

rule. 

DATES: The comment period for the 

proposed rule published March 25, 

2013, at 78 FR 18000, is reopened. We 

will consider comments received or 

postmarked by September 16, 2013. 

Comments submitted electronically 

using the Federal eRulemaking Portal 

(see ADDRESSES section, below) must be 

received by 11:59 p.m. Eastern Time on 

the closing date. Any comments that we 

receive after the closing date may not be 

considered in the final decision on this 

action. 

Public informational sessions and 

public hearings: We will hold three 

public informational sessions and 

public hearings on this proposed rule. 

We will hold a public informational 

session from 5:30 p.m. to 6:30 p.m., 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1