### 42875 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations

**PART 202—PREREGISTRATION AND REGISTRATION OF CLAIMS TO**  **COPYRIGHT**

■ 16. The authority citation for part 202 continues to read as follows:

Authority: 17 U.S.C. 408, 702.

■ 17. Amend § 202.3 by revising paragraphs (b)(6)(ii) and (b)(6)(iii) to read as follows:

**§ 202.3 Registration of copyright.**
* * * * *

(b) * * * (6) * * * (ii) To be eligible for group registration of serials, publishers must submit a letter affirming that two complimentary subscriptions to the particular serial have been entered for the Library of Congress. The letter should be mailed to the address specified in § 201.1 of this chapter.

(iii) The complimentary subscription copies must be mailed to the address specified in § 201.1 of this chapter.

* * * * *

■ 18. Amend § 202.5 by revising paragraph (d)(1) to read as follows:

**§ 202.5 Reconsideration Procedure for Refusals to Register.** 
* * * * *

(d) Submission of reconsiderations. (1) All submissions for reconsideration should be mailed to the address specified in § 201.1 of this chapter.

* * * * *

■ 19. Amend § 202.12 by revising paragraphs (c)(1) and (c)(3)(ii)(B) to read as follows:

**§ 202.12 Restored copyrights.**
* * * * *

(c) Registration—(1) General. Application, deposit, and filing fee for registration of a claim in a restored work under Section 104A, as amended, may be submitted to the U.S. Copyright Office on or after January 1, 1996. The submission may be a completely electronic submission, with all required elements transmitted to the Office in electronic form; or, the submission may be partially electronic with the application form and fee submitted electronically and the deposit materials sent in physically tangible format(s). If all elements are submitted in physically tangible form, i.e., a completed, printed application form, physically tangible deposit copies/materials, and the appropriate filing fee in check, money order, or deposit account charge, all elements must be placed in the same package and sent to the address specified in § 201.1 of this chapter.

* * * * * (3) * * * (ii) * * * (B) U.S. Copyright Office Deposit
Account. The U.S. Copyright Office maintains a system of Deposit Accounts for the convenience of those who frequently use its services. The system allows an individual or firm to establish a Deposit Account in the U.S. Copyright Office and to make advance deposits into that account. Deposit Account holders can charge copyright fees against the balance in their accounts instead of sending separate remittances with each request for service. For information on Deposit Accounts, visit the U.S. Copyright Office Web site or write to the address specified in § 201.1 of this chapter and request a copy of Circular 5.

* * * * *

■ 20. Amend § 202.16 by revising paragraph (c)(11) to read as follows:

**§ 202.16 Preregistration of copyrights.**

* * * * *

(c) * * * (11) Certification of preregistation. A certified copy of the official notification may be obtained in physical form from the Records Research and Certification Section of the Information and Records Division at the address specified in § 201.1 of this chapter.

* * * * *

■ 21. Amend § 202.17 by revising paragraph (g)(1) to read as follows:

**§ 202.17 Renewals.**

* * * * *

(g) Application for renewal registration for a work registered in its original 28-year term. (1) Each application for renewal registration shall be submitted on Form RE. All forms are available free of charge via the Internet by accessing the U.S. Copyright Office homepage at http:// www.copyright.gov. Copies of Form RE are also available free upon Request. Requests should be mailed to the address specified in § 201.1 of this chapter.

* * * * *

Dated: July 11, 2013. Maria A. Pallante, Register of Copyrights.

Approved by: James H. Billington, The Librarian of Congress.
[FR Doc. 2013–17163 Filed 7–17–13; 8:45 am]

**BILLING CODE 1410–30–P POSTAL REGULATORY COMMISSION** 

**39 CFR Parts 3001 and 3025**

**[Order No. 1171; Docket No. RM2011–13]**

**Appeals of Post Office Closings**

Correction

In rule document 2012–02931, appearing on pages 6676–6681 in the issue of Thursday, February 9, 2012, make the following correction:

**§ 3025.3 Notice by the Postal Service. [Corrected]** 

On page 6680, in the first column, on the thirteenth line from the bottom, the entry titled ‘‘§ 3025.3 Notice by the Postal Service’’ should have appeared in bold print, as a section heading, and is corrected to read as set forth below:

**§ 3025.3 Notice by the Postal Service.**

[FR Doc. C1–2012–02931 Filed 7–17–13; 8:45 am]

**BILLING CODE 1505–01–D**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 372**

**[EPA–HQ–OEI–2011–0979; FRL–9825–8]**

**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 :**  Direct final rule.

**SUMMARY :**  EPA is taking direct final action on updates to 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 ‘‘Proposed Rules’’ section of today’s Federal Register, we are simultaneously publishing the 2012 OMB NAICS revisions for TRI Reporting as a proposed rule. If we receive no adverse comment, this direct final rule will become effective as specified herein, and we will withdraw the proposed rule. If, however, we do receive adverse comments in response to this direct final rule or the proposed


### 42876 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations

rule, then we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. In that case, we would address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the **ADDRESSES** section of this document.

**DATES :**  This rule is effective on October 16, 2013 without further notice, unless EPA receives adverse comment by August 19, 2013. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.

**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 using a direct final rule?

EPA is publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. 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) final 2012 NAICS revision (75 FR 26856 and 76 FR 51240). However, as explained in the SUMMARY section of this document, in the ‘‘Proposed Rules’’ section of today’s Federal Register, we are simultaneously publishing a separate document that will serve as the proposed rule to adopt 2012 NAICS Codes for TRI Reporting if adverse comments are received on this direct final rule. 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, subpart B. If you do not assert a confidentiality claim at the time of submission, the information may


### 42877 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations

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 direct final action will 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. This Action

A. What would this action do?

EPA will 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. Will this action change the universe of facilities that are currently required to report to EPA and the States?

Today’s action of updating the list of NAICS codes to reflect the 2012 OMB NAICS revision will not change the universe of facilities that are currently required to report to EPA and the States.
C. How will section 313 reporting requirements change as a result of this direct final rule?

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

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

The Office of Management and Budget (OMB) revises North American Industry Classification System 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. All facilities that are currently required to report to TRI will still be required to report, and facilities that are not currently required to file TRI reports to the Agency will not be required to do so. However, due to the 2012 NAICS modifications, some facilities will need to modify their NAICS codes as outlined in the table below. This table reflects only the 2007 TRI NAICS reporting codes that were revised in 2012.


### 42878 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations

R EVISED 

### TRI 2012 R EPORTING 

### 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 ......... Soybean Processing. 311224 ......... Soybean and Other Oilseed Processing. 311223 ......... Other Oilseed Processing. 311311 ......... Sugarcane Mills. 311314 ......... Cane Sugar Manufacturing. 311312 ......... Cane Sugar Refining. 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 ......... Seafood Canning. 311710 ......... Seafood Product Preparation and Packaging. 311712 ......... Fresh and Frozen Seafood Processing. 311822 ......... Flour Mixes and Dough Manufacturing from Purchased Flour. 311824 ......... Dry Pasta, Dough, and Flour Mixes Manufacturing from Purchased Flour. 311823 ......... Dry Pasta Manufacturing. 311710 ......... 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 ......... Narow Fabric Mills and Schiffli Machine. 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. 315191 ......... Rope, Cordage, and Twine Mills. 314994 ......... Rope, Cordage, Twine, tire Cord, and Tire Fabric Mills. 315192 ......... Tire Cord and Tire Fabric Mills 315111 ......... Sheer Hosiery Mills. 315110 ......... Hosiery and Sock Mills. 315119 ......... Other Hosiery and Sock Mills 315191 ......... Outwear 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 Contractors315221 ......... 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.315999 ......... Other Apparel Accessories and Other Apparel Manufacturing.


### 42879 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations

R EVISED 

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### CODES

### —Continued

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

316211 ......... Rubber and Plastics Footwear Manufacturing. 316210 ......... Footwear Manufacturing. 316212 ......... House Slipper Manufacturing. 316213 ......... Men’s Footwear (except Athletic) Manufacturing. 316214 ......... Women’s Footwear (except Athletic) Manufacturing. 316219 ......... 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 Manufacturing327111 ......... 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 Manufacturi ng. 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. 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.


### 42880 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations

R EVISED 

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### CODES

### —Continued

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

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 Manufacturig. 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, a nd 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 332613 ......... Spring 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. 333210 ......... Sawmill and Woodworking Machinery Manufacturing pt 333243 ......... Sawmill, Woodworking, and Paper Machinery Manu

facturing. 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 Manufacturing333315 ......... 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 334118 ......... Computer Terminal and Other Computer Peripheral Equipment Manufacturing. 334411 ......... Electron Tube Manufacturing 334419 ......... Other Electronic Component Manufacturing. 334414 ......... Electronic Capacitor Manufacturing 334416 ......... Capacitor, Resistor, Coil, Transformer, and Other Inductor Manufacturing.334416 ......... Electronic Coil, Transformer, and Other Inductor Manufacturing 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


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### CODES

### —Continued

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

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

335212 ......... Household Vacuum Cleaner Manufacture336311 ......... Carburetor, Piston, Piston Ring, and Valve Manufacturing 336310 ......... Motor Vehicle Gasoline 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 3339943 ....... Making Device Manufacturing 339944 ......... Carbon Paper and Inked Ribbon Manufacturing

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

This direct final rule adds no new reporting requirements, and there will 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 rule only updates the NAICS codes already reported by respondents.

After considering the economic impacts of today’s final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This final rule will not impose any requirements on small entities. 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


### 42882 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations

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 updates the NAICS reporting codes used by TRI reporting facilities on chemical reporting forms. Thus, Executive Order 13132 does not apply to this rule.

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 updates 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 final 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 updates the NAICS reporting codes for TRI reporting purposes. K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register

.

This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This final rule is effective 90 days from the date of publication in the Federal Register

. TRI facilities must use 2012 NAICS codes when reporting to TRI beginning with reporting forms that are due by July 1, 2014. 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 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 Grindingfor 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 draperyand 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 sellingmen’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 classifiedunder 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));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 afactory basis (previously classified under SIC 7694 (Armature Rewinding Shops (remanufacturing));


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Subsector code or industry code Exceptions and/or limitations

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 orthopedicdevices 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)); 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 classifiedunder SIC 2771, Greeting Cards); Except for facilities primarily engaged in web search portals;


### 42885 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations

Subsector code or industry code Exceptions and/or limitations

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 SpaceVehicle 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.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. 2013–17298 Filed 7–17–13; 8:45 am]

**BILLING CODE 6560–50–P**


### 42886 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations

1 UPS suggests that the proposed 46 CFR 515.19(d) be revised by adding to the end the reference ‘‘. . . provided, however, that where applicable, a registered foreign NVOCC may submit in lieu of an updated registration form a certificate signed by a fully-authorized representative reading: ‘[Name of NVOCC] hereby certifies that all information previously provided to the Commission **FEDERAL MARITIME COMMISSION**

**46 CFR Parts 515, 520, and 532**

**[Docket No. 11–22]**

**RIN 3072–AC51**

**Non-Vessel-Operating Common Carrier Negotiated Rate Arrangements; Tariff**  **Publication Exemption**

**AGENCY :**  Federal Maritime Commission.

**ACTION :**  Final rule.

**SUMMARY :**  The Federal Maritime Commission (Commission) revises its rules to impose registration requirements on foreign-based unlicensed non-vessel-operating common carriers and to extend an exemption from certain provisions and requirements of the Shipping Act of 1984 and the Commission regulations toforeign-based unlicensed non-vesseloperating common carriers that agree to negotiated rate arrangements.

**DATES :**  Effective date: This Final Rule is effective July 19, 2013.

Compliance date: Foreign-based unlicensed non-vessel-operating common carriers shall comply with the requirements of 46 CFR 515.19 no later than October 17, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Rebecca A. Fenneman, General Counsel, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001, Phone: (202) 523–5740, Email: generalcounsel@fmc.gov.

**SUPPLEMENTARY INFORMATION :**  Background

Under the Commission’s current rule at 46 CFR part 532, titled NVOCC Negotiated Rate Arrangements, licensed non-vessel-operating common carriers (NVOCCs) that choose to enter into negotiated rate arrangements (NRAs) are exempted from the tariff rate publication requirements of the Shipping Act of 1984 and certain provisions and requirements of the Commission’s regulations. At the time of the promulgation of the rule, the Commission determined to exempt only licensed NVOCCs because of concerns relating to the limited information available to the Commission about foreign-based unlicensed NVOCCs.

On December 5, 2012, however, the Commission determined it could extend the exemption at 46 CFR part 532 to foreign-based unlicensed NVOCCs by implementing new registration and other requirements. A Notice of Proposed Rulemaking (NPRM) was published on February 26, 2013. 78 FR
13011. Comments

The Commission received six comments: Federazione Nazionale delle Imprese di Spedizioni Internazionali (FEDESPEDI), International Federation of Freight Forwarders Association (FIATA), National Customs Brokers and Forwarders Association of America, Inc. (NCBFAA), Transportation Intermediaries Association (TIA), Unaffiliated Shippers of America (USOA), and UPS Ocean Freight Services, Inc. (UPS).

FEDESPEDI supports the proposed rule and argues that the current rule is discriminatory. FEDESPEDI believesthat granting the exemption to foreignbased unlicensed NVOCCs ‘‘will contribute to a level playing field and, at the same time, will reduce operating costs for [its] members, allowing them to concentrate on quality and price, rather th[a]n expending unnecessary time and money on administrative compliance.’’

FIATA states that many of its members are NVOCCs. FIATA supports equal treatment of all NVOCCs, so that they are permitted to use the exemption whether or not they are licensed by the Commission. FIATA states that an NVOCC not using the exemption has the expense of maintaining tariff publication with no offsetting benefit to the shipping public. FIATA also states that the Commission has the ability to revoke the exemption for any NVOCC found to be abusing it. Like FEDESPEDI, FIATA believes that the proposed rule ‘‘will resolve the problem of unequal playing fields for foreign-based NVOCCs and their competitors in the United States and will give them the same tools to serve their customers without additional costs.’’

NCBFAA supports the proposed rule. NCBFAA states that the extension of the exemption would increase competition by freeing foreign-based unlicensed NVOCCs from the burden of rate tariff publication obligation; that eliminating the costs of rate tariff publication for foreign-based unlicensed NVOCCs will better position them to serve their customers; and that removing the artificial distinction between U.S. and foreign NVOCCs will avoid possible regulatory measures of foreign governments seeking to level the playing field between their nationals and those of the U.S. NCBFAA notes that extending the NRA exemption will not remove any Shipping Act protections available to shippers because the exemption would not disturb or remove prohibitions for false billings, classifications or other unfair or unjust efforts to either obtain transportation at inappropriate rates or to otherwise engage in fraudulent billing practices. NCBFAA believes that the registration and other requirements suggested in the NPRM are reasonable and appropriate as they do not impose any burden on foreign entities that is greater than that currently borne by licensed NVOCCs. In particular, NCBFAA believes that the proposedregistration process requiring foreignbased unlicensed NVOCCs to provide basic information about their identity, appoint an agent for service of process, or agree to comply with legitimate document requests is appropriate.

TIA commends the Commission for moving forward with the NPRM. TIA states that the proposed extension will level the playing field for foreign-based unlicensed NVOCCs and their competitors in the U.S. and will give such NVOCCs the same tools to serve their customers without incurring additional cost.

USOA asserts that, as there are many examples of foreign-based NVOCCs ‘‘acting in manners which reflects extortion against [l]icensed US based NVOCCs,’’ the Commission should not allow foreign-based unlicensed NVOCCs any exemption from the present requirements of the Shipping Act. USOA states that the NRA should not be available to foreign-based unlicensed NVOCCs ‘‘except if there is a valid bonded tariff on file with FMC.’’

Although it appears that UPS does notoppose the extension of NRA to foreignbased unlicensed NVOCCs in general, UPS opposes the requirements in the NPRM for a formal renewal process every three years for such NVOCCs. UPS states that ‘‘[t]his is an unnecessary regulatory burden that clearly will not facilitate Commission regulation or enforcement in any way, and does not otherwise benefit US commerce or shippers.’’ UPS claims that because foreign-based NVOCCs are already required to update their information promptly under the proposed section 515.19(f), the three-year renewal requirement is unnecessary, burdensome and should be dropped. Alternatively, UPS suggests that proposed 46 CFR 515.19(d) be revised to allow submission of a certificate, in lieu of a renewal of registration. 1