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

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 


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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 


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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. 


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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 ......... 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 

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. 

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

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 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. 

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. 


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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 

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, 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 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 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 

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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REVISED TRI 2012 REPORTING 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 Manufacture 

336311 ......... 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 


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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 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)); 

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)); 


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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 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)); 

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; 


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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 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. 

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 


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

1UPS 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 to 

foreign-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 believes 

that 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 proposed 

registration 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 not 

oppose 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


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