```

[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Rules and Regulations]
[Pages 42875-42886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17298]

=======================================================================
-----------------------------------------------------------------------

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

[[Page 42876]]

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

[[Page 42877]]

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.

[[Page 42878]]

                    Revised TRI 2012 Reporting Codes
------------------------------------------------------------------------
                     2007 NAICS and                        2012 NAICS
 2007 NAICS Code    U.S. description   2012 NAICS Code     description
------------------------------------------------------------------------
221119...........  Other Electric     221118..........  Other Electric
                    Power                                Power
                    Generation.                          Generation.
311222...........  Soybean            311224..........  Soybean and
                    Processing.                          Other Oilseed
                                                         Processing.
311223...........  Other Oilseed
                    Processing.
311311...........  Sugarcane Mills.   311314..........  Cane Sugar
                                                         Manufacturing.
311312...........  Cane Sugar
                    Refining.
311320...........  Chocolate and      311351..........  Chocolate and
                    Confectionery                        Confectionery
                    Manufacturing                        Manufacturing
                    from Cacao                           from Cacao
                    Beans.                               Beans.
311330...........  Confectionery      311352..........  Confectionery
                    Manufacturing                        Manufacturing
                    from Purchased                       from Purchased
                    Chocolate.                           Chocolate.
311711...........  Seafood Canning.   311710..........  Seafood Product
                                                         Preparation and
                                                         Packaging.
311712...........  Fresh and Frozen
                    Seafood
                    Processing.
311822...........  Flour Mixes and    311824..........  Dry Pasta,
                    Dough                                Dough, and
                    Manufacturing                        Flour Mixes
                    from Purchased                       Manufacturing
                    Flour.                               from Purchased
                                                         Flour.
311823...........  Dry Pasta
                    Manufacturing.
311710...........  Tobacco Stemming   312230..........  Tobacco
                    and Redrying.                        Manufacturing.
312221...........  Cigarette
                    Manufacturing.
312229...........  Other Tobacco
                    Product
                    Manufacturing
313111...........  Yarn Spinning      313110..........  Fiber, Yarn, and
                    Mills.                               Thread Mills.
313112...........  Yarn Texturizing,
                    Throwing, and
                    Twisting Mills.
313113...........  Thread Mills
313221...........  Narrow Fabric      313220..........  Narow Fabric
                    Mills.                               Mills and
                                                         Schiffli
                                                         Machine.
313222...........  Schiffli Machine
                    Embroidery.
313241...........  Weft Knit Fabric   313240..........  Knit Fabric
                    Mills.                               Mills.
313249...........  Other Knit Fabric
                    and Lace Mills.
313311...........  Broadwoven Fabric  313310..........  Textile and
                    Finishing Mills.                     Fabric
                                                         Finishing
                                                         Mills.
313312...........  Textile and
                    Fabric Finishing
                    (except
                    Broadwoven
                    Fabric) Mills.
314121...........  Curtain and        314120..........  Curtain and
                    Drapery Mills.                       Linen Mills.
314129...........  Other Household
                    Textile Product
                    Mills.
314911...........  Textile Bag        314910..........  Textile Bag and
                    Mills.                               Canvas Mills.
314912...........  Canvas and
                    Related Product
                    Mills.
315191...........  Rope, Cordage,     314994..........  Rope, Cordage,
                    and Twine Mills.                     Twine, tire
                                                         Cord, and Tire
                                                         Fabric Mills.
315192...........  Tire Cord and
                    Tire Fabric
                    Mills
315111...........  Sheer Hosiery      315110..........  Hosiery and Sock
                    Mills.                               Mills.
315119...........  Other Hosiery and
                    Sock Mills
315191...........  Outwear Knitting   315190..........  Other Apparel
                    Mills.                               Knitting Mills.
315192...........  Underwear and
                    Nightwear
                    Knitting Mills.
315211...........  Men's and Boys'    315210..........  Cut and Sew
                    Cut and Sew                          Apparel
                    Apparel                              Contractors.
                    Contractors.
315212...........  Women's, Girls',
                    and Infants' Cut
                    and Sew Apparel
                    Contractors
315221...........  Men's and Boys'    315220..........  Men's and Boys'
                    Cut and Sew                          Cut and Sew
                    Underwear and                        Apparel
                    Nightwear                            Manufacturing.
                    Manufacturing.
315222...........  Men's and Boys'
                    Cut and Sew
                    Suit, Coat, and
                    Overcoat
                    Manufacturing.
315223...........  Men's and Boys'
                    Cut and Sew
                    Shirt (except
                    Work Shirt)
                    Manufacturing.
315224...........  Men's and Boys'
                    Cut and Sew
                    Trouser, Slack,
                    and Jean
                    Manufacturing.
315225...........  Men's and Boys'
                    Cut and Sew Work
                    Clothing
                    Manufacturing.
315228...........  Men's and Boys'
                    Cut and Sew
                    Other Outerwear
                    Manufacturing.
315231...........  Women's and        315240..........  Women's, Girls',
                    Girls' Cut and                       and Infants'
                    Sew Lingerie,                        Cut and Sew
                    Loungewear, and                      Apparel
                    Nightwear                            Manufacturing.
                    Manufacturing.
315232...........  Women's and
                    Girls' Cut and
                    Sew Blouse and
                    Shirt
                    Manufacturing.
315233...........  Women's and
                    Girls' Cut and
                    Sew Dress
                    Manufacturing.
315234...........  Women's and
                    Girls' Cut and
                    Sew Suit, Coat,
                    Tailored Jacket,
                    and Skirt
                    Manufacturing.
315239...........  Women's and
                    Girls' Cut and
                    Sew Other
                    Outerwear
                    Manufacturing.
315291...........  Infants' Cut and
                    Sew Apparel
                    Manufacturing.
315292...........  Fur and Leather    315280..........  Other Cut and
                    Apparel                              Sew Apparel
                    Manufacturing.                       Manufacturing.
315299...........  All Other Cut and
                    Sew Apparel
                    Manufacturing.
315991...........  Hat, Cap, and      315990..........  Apparel
                    Millinery                            Accessories and
                    Manufacturing.                       Other Apparel
                                                         Manufacturing.
315992...........  Glove and Mitten
                    Manufacturing.
315993...........  Men's and Boys'
                    Neckwear
                    Manufacturing.
315999...........  Other Apparel
                    Accessories and
                    Other Apparel
                    Manufacturing.

[[Page 42879]]

 
316211...........  Rubber and         316210..........  Footwear
                    Plastics                             Manufacturing.
                    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            316998..........  All Other
                    Manufacturing.                       Leather Good
                                                         and Allied
                                                         Product
                                                         Manufacturing.
316993...........  Personal Leather
                    Good (except
                    Women's Handbag
                    and Purse)
                    Manufacturing.
316999...........  All Other Leather
                    Good and Allied
                    Product
                    Manufacturing.
322213...........  Setup Paperboard   322219..........  Other Paperboard
                    Box                                  Container
                    Manufacturing.                       Manufacturing.
322214...........  Fiber Can, Tube,
                    Drum, and
                    Similar Products
                    Manufacturing.
322215...........  Nonfolding
                    Sanitary Food
                    Container
                    Manufacturing.
322221...........  Coated and         322220..........  Paper Bag and
                    Laminated                            Coated and
                    Packaging.                           Treated Paper
                                                         Manufacturing.
322222...........  Coated and
                    Laminated Paper
                    Manufacturing.
322223...........  Coated Paper Bag
                    and Pouch
                    Manufacturing.
322224...........  Uncoated Paper
                    and Multiwall
                    Bag
                    Manufacturing.
322225...........  Laminated
                    Aluminum Foil
                    Manufacturing
                    for Flexible
                    Packaging Uses.
322226...........  Surface-Coated
                    Paperboard
                    Manufacturing.
322231...........  Die-Cut Paper and  322230..........  Stationery
                    Paperboard                           Product
                    Office Supplies                      Manufacturing.
                    Manufacturing.
322232...........  Envelope
                    Manufacturing.
322233...........  Stationery,
                    Tablet, and
                    Related Product
                    Manufacturing.
323110...........  Commercial         323111..........  Commercial
                    Lithographic                         Printing
                    Printing.                            (except Screen
                                                         and Books).
323111...........  Commercial
                    Gravure
                    Printing).
323112...........  Commercial
                    Flexographic
                    Printing.
323114...........  Quick Printing.
323115...........  Digital Printing.
323116...........  Manifold Business
                    Forms Printing.
323118...........  Blankbook,
                    Looseleaf
                    Binders, and
                    Devices
                    Manufacturing.
323119...........  Other Commercial
                    Printing.
323121...........  Tradebinding and   323120..........  Support
                    Related Work.                        Activities for
                                                         Printing.
323122...........  Prepress
                    Services.
325131...........  Inorganic Dye and  325130..........  Synthetic Dye
                    Pigment                              and Pigment
                    Manufacturing.                       Manufacturing.
325132...........  Synthetic Organic
                    Dye and Pigment
                    Manufacturing.
325181...........  Alkalies and       325180..........  Other Basic
                    Chlorine                             Inorganic
                    Manufacturing.                       Chemical
                                                         Manufacturing.
325182...........  Carbon Black
                    Manufacturing.
325188...........  All Other Basic
                    Inorganic
                    Chemical
                    Manufacturing.
325191...........  Gum and Wood       325194..........  Cyclic Crude,
                    Chemical                             Intermediate,
                    Manufacturing.                       and Gum and
                                                         Wood Chemical
                                                         Manufacturing.
325192...........  Cyclic Crude and
                    Intermediate
                    Manufacturing.
325221...........  Cellulosic         325220..........  Artificial and
                    Organic Fiber                        Synthetic
                    Manufacturing.                       Fibers and
                                                         Filaments
                                                         Manufacturing.
325222...........  Noncellulosic
                    Organic Fiber
                    Manufacturing.
326192...........  Resilient Floor    326199..........  All Other
                    Covering                             Plastics
                    Manufacturing.                       Product
                                                         Manufacturing
327111...........  Vitreous China     327110..........  Pottery,
                    Plumbing Fixture                     Ceramics, and
                    and China and                        Plumbing
                    Earthenware                          Fixture
                    Bathroom                             Manufacturing.
                    Accessories
                    Manufacturing.
327112...........  Vitreous China,
                    Fine
                    Earthenware, and
                    Other Pottery
                    Product
                    Manufacturing.
327113...........  Porcelain
                    Electrical
                    Supply
                    Manufacturing.
327121...........  Brick and          327120..........  Clay Building
                    Structural Clay                      Material and
                    Tile                                 Refractories
                    Manufacturing.                       Manufacturing.
327122...........  Ceramic Wall and
                    Floor Tile
                    Manufacturing.
327123...........  Other Structural
                    Clay Product
                    Manufacturing.
327124...........  Clay Refractory
                    Manufacturing.
327125...........  Nonclay
                    Refractory
                    Manufacturing.
 331111..........  Iron and Steel     331110..........  Iron and Steel
                    Mills.                               Mills and
                                                         Ferroalloy
                                                         Manufacturing.
331112...........  Electrometallurgi
                    cal Ferroalloy
                    Product
                    Manufacturing.
331311...........  Alumina Refining.  331313..........  Alumina Refining
                                                         and Primary
                                                         Aluminum
                                                         Production.
331312...........  Primary Aluminum
                    Production.
331316...........  Aluminum Extruded  331318..........  Other Aluminum
                    Product                              Rolling,
                    Manufacturing.                       Drawing, and
                                                         Extruding.
331319...........  Other Aluminum
                    Rolling and
                    Drawing.
331411...........  Primary Smelting   331410..........  Nonferrous Metal
                    and Refining of                      (except
                    Copper.                              Aluminum)
                                                         Smelting and
                                                         Refining.
331419...........  Primary Smelting
                    and Refining of
                    Nonferrous Metal
                    (except Copper
                    and Aluminum).
331421...........  Copper Rolling,    331420..........  Copper Rolling,
                    Drawing, and                         Drawing,
                    Extruding.                           Extruding, and
                                                         Alloying.

[[Page 42880]]

 
331422...........  Copper Wire
                    (except
                    Mechanical)
                    Drawing.
331423...........  Secondary
                    Smelting,
                    Refining, and
                    Alloying of
                    Copper.
331521...........  Aluminum Die-      331523..........  Nonferrous Metal
                    Casting                              Die-Casting
                    Foundries.                           Foundries.
331522...........  Nonferrous
                    (except
                    Aluminum) Die-
                    Casting
                    Foundries.
331525...........  Copper Foundries   331529..........  Other Nonferrous
                    (except Die-                         Metal Foundries
                    Casting).                            (except Die-
                                                         Casting).
331528...........  Other Nonferrous
                    Foundries
                    (except Die-
                    Casting).
332115...........  Crown and Closure  332119..........  Metal Crown,
                    Manufacturig.                        Closure, and
                                                         Other Metal
                                                         Stamping
                                                         (except
                                                         Automotive).
332116...........  Metal Stamping.
332211...........  Cutlery and        332215..........  Metal Kitchen
                    Flatware (except                     Cookware,
                    Precious)                            Utensil,
                    Manufacturing.                       Cutlery, and
                                                         Flatware
                                                         (except
                                                         Precious)
                                                         Manufacturing.
332214...........  Kitchen Utensil,
                    Pot, and Pan
                    Manufacturing.
332212...........  Hand and Edge      332216..........  Saw Blade and
                    Tool                                 Handtool
                    Manufacturing.                       Manufacturing.
332213...........  Saw Blade and
                    Handsaw
                    Manufacturing.
332611...........  Spring (Heavy      332613..........  Spring
                    Gauge)                               Manufacturing.
                    Manufacturing.
332612...........  Spring (Light      332613..........  Spring
                    Gauge)                               Manufacturing.
                    Manufacturing
332994...........  Small Arms         332994..........  Small Arms,
                    Manufacturing                        Ordnance, and
                                                         Ordnance
                                                         Accessories
                                                         Manufacturing.
332995...........  Other Ordnance
                    and Accessories
                    Manufacturing
332997...........  Industrial         332999..........  All Other
                    Pattern                              Miscellaneous
                    Manufacturing                        Fabricated
                                                         Metal Product
                                                         Manufacturing.
332998...........  Enameled Iron and
                    Metal Sanitary
                    Ware
                    Manufacturing.
332999...........  All Other
                    Miscellaneous
                    Fabricated Metal
                    Product
                    Manufacturing.
333210...........  Sawmill and        333243..........  Sawmill,
                    Woodworking                          Woodworking,
                    Machinery                            and Paper
                    Manufacturing pt                     Machinery
                                                         Manufacturing.
333291...........  Paper Industry
                    Machinery
                    Manufacturing
333220...........  Plastics and       333249..........  Other Industrial
                    Rubber Industry                      Machinery
                    Machinery                            Manufacturing.
                    Manufacturing
333292...........  Textile Machinery
                    Manufacturing
333298...........  All Other
                    Industrial
                    Machinery
                    Manufacturing
333293...........  Printing           333244..........  Printing
                    Machinery and                        Machinery and
                    Equipment                            Equipment
                    Manufacturing                        Manufacturing.
333294...........  Food Product       333241..........  Food Product
                    Machinery                            Machinery
                    Manufacturing                        Manufacturing.
333295...........  Semiconductor      333242..........  Semiconductor
                    Machinery                            Machinery
                    Manufacturing                        Manufacturing.
333311...........  Automatic Vending  333318..........  Other Commercial
                    Machine                              and Service
                    Manufacturing                        Industry
                                                         Machinery
                                                         Manufacturing.
333312...........  Commercial
                    Laundry,
                    Drycleaning, and
                    Pressing Machine
                    Manufacturing
333313...........  Office Machinery
                    Manufacturing
333319...........  Other Commercial
                    and Service
                    Industry
                    Machinery
                    Manufacturing
333315...........  Photographic and   333316..........  Photographic and
                    Photocopying                         Photocopying
                    Equipment                            Equipment
                    Manufacturing                        Manufacturing.
334119...........  Other Computer
                    Peripheral
                    Equipment
                    Manufacturing
                    digital camera
                    manufacturing
333411...........  Air Purification   333413..........  Industrial and
                    Equipment                            Commercial Fan
                    Manufacturing                        and Blower and
                                                         Air
                                                         Purification
                                                         Equipment
                                                         Manufacturing.
333412...........  Industrial and
                    Commercial Fan
                    and Blower
                    Manufacturing
333512...........  Machine Tool       333517..........  Machine Tool
                    (Metal Cutting                       Manufacturing.
                    Types)
                    Manufacturing.
333513...........  Machine Tool
                    (Metal Forming
                    Types)
                    Manufacturing
333516...........  Rolling Mill       333519..........  Rolling Mill and
                    Machinery and                        Other
                    Equipment                            Metalworking
                    Manufacturing                        Machinery
                                                         Manufacturing.
333518...........  Other
                    Metalworking
                    Machinery
                    Manufacturing.
334113...........  Computer Terminal  334118..........  Computer
                    Manufacturing                        Terminal and
                                                         Other Computer
                                                         Peripheral
                                                         Equipment
                                                         Manufacturing.
334119...........  Other Computer     334118..........  Computer
                    Peripheral                           Terminal and
                    Equipment                            Other Computer
                    Manufacturing                        Peripheral
                    except digital                       Equipment
                    camera                               Manufacturing.
                    manufacturing
334411...........  Electron Tube      334419..........  Other Electronic
                    Manufacturing                        Component
                                                         Manufacturing.
334414...........  Electronic         334416..........  Capacitor,
                    Capacitor                            Resistor, Coil,
                    Manufacturing                        Transformer,
                                                         and Other
                                                         Inductor
                                                         Manufacturing.
334416...........  Electronic Coil,
                    Transformer, and
                    Other Inductor
                    Manufacturing
334518...........  Watch, Clock, and  334519..........  Other Measuring
                    Part                                 and Controlling
                    Manufacturing                        Device
                                                         Manufacturing.
334611...........  Software           334614..........  Software and
                    Reproducing                          Other
                                                         Prerecorded
                                                         Compact Disc,
                                                         Tape, and
                                                         Record
                                                         Reproducing.
334612...........  Prerecorded
                    Compact Disc
                    (except
                    Software), Tape,
                    and Record
                    Reproducing

[[Page 42881]]

 
335211...........  Electric           335210..........  Small Electrical
                    Housewares and                       Appliance
                    Household Fan                        Manufacturing.
                    Manufacturing
335212...........  Household Vacuum
                    Cleaner
                    Manufacture
336311...........  Carburetor,        336310..........  Motor Vehicle
                    Piston, Piston                       Gasoline Engine
                    Ring, and Valve                      Parts
                    Manufacturing                        Manufacturing.
336312...........  Gasoline Engine
                    and Engine Parts
                    Manufacturing
336321...........  Vehicular          336320..........  Motor Vehicle
                    Lighting                             Electrical and
                    Equipment                            Electronic
                    Manufacturing                        Equipment
                                                         Manufacturing.
336322...........  Other Motor
                    Vehicle
                    Electrical and
                    Electronic
                    Equipment
                    Manufacturing.
336391...........  Motor Vehicle Air- 336390..........  Other Motor
                    Conditioning                         Vehicle Parts
                    Manufacturing                        Manufacturing.
336399...........  All Other Motor
                    Vehicle Parts
                    Manufacturing
337129...........  Wood Television,   321999..........  All Other
                    Radio, and                           Miscellaneous
                    Sewing Machine                       Wood Product
                    Cabinet                              Manufacturing.
                    Manufacturing
339911...........  Jewelry (except    339910..........  Jewelry and
                    Costume)                             Silverware
                    Manufacturing                        Manufacturing.
339912...........  Silverware and
                    Hollowware
                    Manufacturing
339913...........  Jewelers'
                    Material and
                    Lapidary Work
                    Manufacturing
339914...........  Costume Jewelry
                    and Novelty
                    Manufacturing
339931...........  Doll and Stuffed   339930..........  Doll, Toy, and
                    Toy                                  Game
                    Manufacturing                        Manufacturing.
339932...........  Game, Toy, and
                    Children's
                    Vehicle
                    Manufacturing
339941...........  Pen and            339940..........  Office Supplies
                    Mechanical                           (except Paper)
                    Pencil                               Manufacturing.
                    Manufacturing
339942...........  Lead Pencil and
                    Art Good
                    Manufacturing
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

[[Page 42882]]

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]

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

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

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

Sec.  372.22  Covered facilities for toxic chemical release reporting.

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

0
3. Amend Sec.  372.23 by revising paragraphs (b) and (c) to read as 
follows:

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

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

[[Page 42883]]

------------------------------------------------------------------------
 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      Except 312112--Exception is limited to
 Product Manufacturing.         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      Except 323111--Exception is limited to
 Support Activities.            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       Except 326212--Tire Retreading,
 Products Manufacturing.        (previously classified under SIC 7534,
                                Tire Retreading and Repair Shops
                                (rebuilding));
327--Nonmetallic Mineral       Except 327110--Exception is limited to
 Product Manufacturing.         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   Except 334614--Exception is limited to
 Product Manufacturing.         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,     Except 335312--Exception is limited to
 Appliance, and Component       facilities primarily engaged in armature
 Manufacturing.                 rewinding on a factory basis (previously
                                classified under SIC 7694 (Armature
                                Rewinding Shops (remanufacturing));

[[Page 42884]]

 
336--Transportation Equipment
 Manufacturing.
337--Furniture and Related     Except 337110--Exception is limited to
 Product Manufacturing.         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             Except 339113--Exception is limited to
 Manufacturing.                 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              Limited to facilities primarily engaged
 Miscellaneous Crop Farming.    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     Limited to facilities that recover sulfur
 Extraction.                    from natural gas (previously classified
                                under SIC 2819, Industrial Inorganic
                                chemicals, NEC (recovering sulfur from
                                natural gas));
212324--Kaolin and Ball Clay   Limited to facilities operating without a
 Mining.                        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     Limited to facilities operating without a
 Fertilizer Mineral Mining.     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  Limited to facilities operating without a
 Mineral Mining.                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          Limited to facilities that are primarily
 Activities for Water           engaged in providing routine repair and
 Transportation.                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  Except facilities that are primarily
 List Publishers.               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    Limited to facilities primarily engaged
 and Broadcasting and Web       in Internet newspaper publishing
 Search Portals.                (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;

[[Page 42885]]

 
541712--Research and           Limited to facilities that are primarily
 Development in the Physical,   engaged in Guided missile and space
 Engineering, and Life          vehicle engine research and development
 Sciences (except               (previously classified under SIC 3764,
 Biotechnology).                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     Limited to facilities that are primarily
 Household Goods Repair and     engaged in repairing and servicing
 Maintenance.                   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    Limited to facilities that combust coal
 Generation.                    and/or oil for the purpose of generating
                                power for distribution in commerce.
221112--Fossil Fuel Electric   Limited to facilities that combust coal
 Power Generation.              and/or oil for the purpose of generating
                                power for distribution in commerce.
221113--Nuclear Electric       Limited to facilities that combust coal
 Power Generation.              and/or oil for the purpose of generating
                                power for distribution in commerce.
221118--Other Electric Power   Limited to facilities that combust coal
 Generation.                    and/or oil for the purpose of generating
                                power for distribution in commerce.
221121--Electric Bulk Power    Limited to facilities that combust coal
 Transmission and Control.      and/or oil for the purpose of generating
                                power for distribution in commerce.
221122--Electric Power         Limited to facilities that combust coal
 Distribution.                  and/or oil for the purpose of generating
                                power for distribution in commerce.
221330--Steam and Air          Limited to facilities engaged in
 Conditioning Supply.           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   Limited to facilities previously
 Electronic Markets..           classified in SIC 5169, Chemicals and
                                Allied Products, Not Elsewhere
                                Classified.
425120--Wholesale Trade        Limited to facilities previously
 Agents and Brokers.            classified in SIC 5169, Chemicals and
                                Allied Products, Not Elsewhere
                                Classified.
562112--Hazardous Waste        Limited to facilities primarily engaged
 Collection.                    in solvent recovery services on a
                                contract or fee basis (previously
                                classified under SIC 7389, Business
                                Services, NEC);
562211--Hazardous Waste        Limited to facilities regulated under the
 Treatment and Disposal.        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            Limited to facilities regulated under the
 Combustors and Incinerators.   Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562219--Other Nonhazardous     Limited to facilities regulated under the
 Waste Treatment and Disposal.  Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562920--Materials Recovery     Limited to facilities regulated under the
 Facilities.                    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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