39038 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 

EPA APPROVED ALABAMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter No. 335–3–17 Conformity of Federal Actions to State Implementation Plans 

Section 335–3–17–.01 ................. Transportation Conformity ........... 5/28/2013 8/17/2017 [Insert citation 

of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2017–17241 Filed 8–16–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–OPPT–2017–0197; FRL–9964–77] 

RIN 2070–AK32 

Community Right-To-Know; Adopting 

2017 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 updating 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) 2017 

NAICS code revision. As a result of this 

action, facilities would be required to 

use 2017 NAICS codes when reporting 

to TRI beginning with TRI reporting 

forms that are due on July 1, 2018, 

covering releases and other waste 

management quantities for the 2017 

calendar year. EPA is also modifying the 

list of exceptions and limitations 

associated with NAICS codes in the CFR 

for TRI reporting purposes by deleting 

the descriptive text. EPA believes that 

these amendments are non-controversial 

and does not expect to receive any 

adverse comments. However, in 

addition to this direct final rule, 

elsewhere in this issue of the Federal 

Register, EPA is issuing the same 

amendment as a Notice of Proposed 

Rulemaking that will be used in the 

event that adverse comment is received. 

If EPA receives no adverse comment, 

the Agency will not take further action 

on the proposed rule and the direct final 

rule will become effective as provided 

in this action. If EPA receives relevant 

adverse comment, the Agency will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final action will not take 

effect and directing them to the Notice 

of Proposed Rulemaking. EPA would 

then address all relevant adverse public 

comments in a subsequent final rule. 

DATES: This final rule is effective on 

November 15, 2017 without further 

notice, unless EPA receives adverse 

comment by September 18, 2017. 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 and 

directing them to the Notice of Proposed 

Rulemaking that appears elsewhere in 

this issue of the Federal Register. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2007–0197, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Stephanie Griffin, Toxics Release 

Inventory Program Division, Mailcode 

7410M, Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–1463; email address: 

griffin.stephanie@epa.gov. 

For general information contact: The 

Emergency Planning and Community 

Right-to-Know Information Center; 

telephone number: (800) 424–9346, TDD 

(800) 553–7672; Web site: https://

www.epa.gov/home/epa-hotlines. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you own or operate 

facilities that have 10 or more full-time 

employees or the equivalent of 20,000 

employee 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.) 

The following list of North American 

Industrial Classification System 

(NAICS) codes is not intended to be 

exhaustive, but rather provides a guide 

to help readers determine whether this 

document applies to them. Potentially 

affected entities may include: 

• Facilities included in the following 

NAICS manufacturing codes 

(corresponding to Standard Industrial 

Classification (SIC) codes 20 through 

39): 311*, 312*, 313*, 314*, 315*, 316, 

321, 322, 323*, 324, 325*, 326*, 327, 

331, 332, 333, 334*, 335*, 336, 337*, 

339*, 111998*, 211112*, 212324*, 

212325*, 212393*, 212399*, 488390*, 

511110, 511120, 511130, 511140*, 

511191, 511199, 512220, 512230*, 

519130*, 541712*, or 811490*. 

(*Exceptions and/or limitations exist for 

these NAICS codes.) 

• Facilities included in the following 

NAICS codes (corresponding to SIC 

codes other than SIC codes 20 through 

39): 212111, 212112, 212113 

(corresponds to SIC code 12, Coal 


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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39039 

Mining (except 1241)); or 212221, 

212222, 212231, 212234, 212299 

(corresponds to SIC code 10, Metal 

Mining (except 1011, 1081, and 1094)); 

or 221111, 221112, 221113, 221118, 

221121, 221122, 221330 (limited to 

facilities that combust coal and/or oil 

for the purpose of generating power for 

distribution in commerce) (corresponds 

to SIC codes 4911, 4931, and 4939, 

Electric Utilities); or 424690, 425110, 

425120 (limited to facilities previously 

classified in SIC code 5169, Chemicals 

and Allied Products, Not Elsewhere 

Classified); or 424710 (corresponds to 

SIC code 5171, Petroleum Bulk 

Terminals and Plants); or 562112 

(limited to facilities primarily engaged 

in solvent recovery services on a 

contract or fee basis (previously 

classified under SIC code 7389, 

Business Services, NEC)); or 562211, 

562212, 562213, 562219, 562920 

(limited to facilities regulated under the 

Resource Conservation and Recovery 

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

(corresponds to SIC code 4953, Refuse 

Systems). 

• Federal facilities. Under Executive 

Order 13693 (80 FR 15871, March 25, 

2015), all Federal facilities are required 

to comply with the provisions set forth 

in section 313 of EPCRA and section 

6607 of the PPA. On June 10, 2015, the 

White House Council on Environmental 

Quality (CEQ) issued Instructions for 

Implementing Executive Order 13693, 

requiring federal agencies and 

contractors to comply with these laws 

regardless of NAICS code delineations 

(see 80 FR 34149, June 15, 2015). 

If you have any questions regarding 

the applicability of this action to a 

particular entity, consult the technical 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

B. What is the Agency’s 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. In 

general, section 313 of EPCRA requires 

owners and operators of covered 

facilities in specified SIC codes that 

manufacture, process, or otherwise use 

listed toxic chemicals 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. 

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. 

C. What action is the Agency taking? 

In response to OMB’s revisions to the 

NAICS codes effective January 1, 2017, 

EPA is amending 40 CFR part 372 to 

include 2017 NAICS codes for TRI 

reporting. EPA is also modifying the list 

of exceptions and limitations of NAICS 

codes for TRI reporting purposes in the 

CFR. 

Under this action, TRI reporting 

requirements remain unchanged. 

However, due to the 2017 NAICS 

modifications, some facilities will need 

to modify their reported NAICS codes as 

outlined in the table below, which 

identifies only the revised TRI NAICS 

reporting codes and is not an exhaustive 

list of all NAICS reporting codes subject 

to EPCRA section 313 and PPA section 

6607. A complete listing of all TRI 

covered facilities can be found in the 

regulations at 40 CFR 372.23. 

2012 NAICS 

code 2012 NAICS and U.S. description 2017 NAICS code 2017 NAICS and U.S. description 

333911 ............ Pump and Pumping Equipment Manufacturing .......... 333914 Measuring, Dispensing, and Other Pumping Equipment Manufacturing. 

333913 ............ Measuring and Dispensing Pump Manufacturing ....... ′′ ′′ 

335221 ............ Household Cooking Appliance Manufacturing ............ 335220 Major Household Appliance Manufacturing. 

335222 ............ Household Refrigerator and Home Freezer Manufacturing.′′ ′′ 

335224 ............ Household Laundry Equipment Manufacturing ........... ′′ ′′ 

335228 ............ Other Major Household Appliance Manufacturing ...... ′′ ′′ 

512220 ............ Integrated Record Production/Distribution .................. 512250 Record Production and Distribution. 

This merges both TRI-covered and non-TRI-covered 

NAICS codes. Only 512220 (Integrated Record 

Production/Distribution) was covered by TRI. TRI 

will note that only the ‘‘Integrated Record Production/Distribution’’ facilities under NAICS code 

512250 are required to report. 

541712 ............ Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology).541713 Research and Development in Nanotechnology. 

This merges both TRI-covered and non-TRI-covered 

NAICS codes. Only 541712 (Research and Development in the Physical, Engineering, and Life 

Sciences (except Biotechnology)) was covered by 

TRI. TRI will note that only the ‘‘Research and Development in the Physical, Engineering, and Life 

Sciences (except Biotechnology)’’ facilities under 

NAICS code 541713 are required to report. TRI 

does not include all facilities classified under 

NAICS code 541712, and the same limitations will 

be extended to NAICS code 541713. 

′′ ....................... ′′ ................................................................................... 541715 Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology). 

TRI does not include all facilities classified under 

NAICS code 541712, and the same limitations will 

be extended to NAICS code 541715. TRI will 

specify which facilities under NAICS code 541715 

are required to report. 


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2012 NAICS 

code 2012 NAICS and U.S. description 2017 NAICS code 2017 NAICS and U.S. description 

212231 ............ Lead Ore and Zinc Ore Mining ................................... * 212230 Copper, Nickel, Lead, and Zinc Mining.

212234 ............ Copper Ore and Nickel Ore Mining ............................. ′′ ′′ 

* A conforming update is also being made to 40 CFR 372.38(h). 

Crosswalk tables between all 2012 

NAICS codes and 2017 NAICS codes 

can be found on the Internet at http:// 

www.census.gov/epcd/www/naics.html. 

EPA is also modifying the list of 

exceptions and limitations of NAICS 

codes for TRI reporting purposes in the 

CFR. Because NAICS codes may crossreference some SIC codes in both TRIcovered and non-covered TRI sectors, 

EPA has historically included 

descriptive text in 40 CFR part 372 to 

help indicate exceptions and limitations 

to TRI coverage for a specific NAICS 

code in line with the previous SIC code 

descriptors. However, NAICS codes are 

updated every five years, and these 

updates may require EPA to revise this 

text describing an exception or 

limitation to the scope of a particular 

NAICS code. Consequently, this 

descriptive text does not always align 

fully with SIC codes’ full descriptions. 

For example, historically, 40 CFR part 

372 would list NAICS code 323211 with 

the following exception: ‘‘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))’’. This 

action simplifies the listing to display 

only the SIC code and title rather than 

include the description: ‘‘Exception is 

limited to facilities previously classified 

under SIC 7334, Photocopying and 

Duplicating Services’’. 

Moving forward, in 40 CFR part 372, 

EPA will not include descriptive text for 

SIC codes when listing the limitations 

and exceptions applicable to TRIcovered NAICS codes. Instead, the 

Agency will simply list the SIC codes, 

including their titles, as applicable 

limitations and exceptions. Because 

exceptions and limitations are included 

in 40 CFR part 372.23(b) & (c) to align 

the listing of NAICS codes with the list 

of SIC codes covered by TRI reporting 

requirements as shown in 40 CFR part 

372.23(a), the SIC codes rather than the 

descriptive text defines the types of 

facilities covered by TRI. By removing 

the descriptive text from the exceptions 

and limitations listed in these two 

paragraphs, this action mitigates 

potential confusion caused by 

qualitative descriptions of SIC codes 

and does not alter the universe of the 

facilities affected by TRI reporting 

requirements. Facilities with questions 

regarding the SIC code descriptions 

should refer to the SIC manual, 

available at: https://www.osha.gov/pls/ 

imis/sicsearch.html. 

D. Why is EPA taking this action? 

On April 9, 1997, OMB published a 

Federal Register Notice of final decision 

(62 FR 17288) to adopt the NAICS 

economic classification system, 

replacing the SIC system which had 

traditionally been used by the Federal 

Government for collecting and 

organizing industry-related statistics. 

Consistent with EPCRA, 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). OMB revises the NAICS 

codes every five years. Therefore, 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, and again on July 18, 

2013 (78 FR 42875), to include the 2012 

NAICS codes. 

In the Federal Register on August 4, 

2015 (80 FR 46480), OMB announced 

updated NAICS codes for 2017, and on 

August 8, 2016 (81 FR 52584), finalized 

and further modified the NAICS codes 

for 2017. This direct final action will 

amend 40 CFR part 372 to include 

OMB’s revised NAICS codes for 2017. 

E. How is EPA taking this action? 

Given the nature of this action, EPA 

is therefore taking this action by 

publishing this direct final rule and a 

Notice of Proposed Rulemaking 

elsewhere in this issue of the Federal 

Register. 

1. Direct final rule. Although EPA 

believes that this action is noncontroversial and is not expected to 

result in any adverse comments, a direct 

final rule provides an opportunity for 

adverse comment. If EPA receives no 

adverse comment, the Agency will not 

take further action on the proposed rule 

and the direct final rule will become 

effective as provided in this action. 

However, if EPA receives relevant 

adverse comment, the Agency will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final action will not take 

effect and directing them to the 

proposed rule that appears elsewhere in 

this issue of the Federal Register. EPA 

would then address all adverse public 

comments in the context of issuing a 

subsequent final rule. 

2. Proposed rule. In addition to this 

direct final rule, the same amendments 

are presented in a proposed rule that 

appears elsewhere in this issue of the 

Federal Register. As indicated 

previously, the proposed rule will be 

used in the event that relevant adverse 

comment is received on the amendment 

within this direct final rule. 

F. What are the incremental impacts of 

this action? 

EPA analyzed the potential costs and 

benefits associated with this action, and 

determined that since this action will 

not add or remove any reporting 

requirements, there is no net increase in 

respondent burden or other economic 

impacts to consider. 

G. How do I submit a comment on this 

action? 

Submit your relevant adverse 

comments, identified by docket 

identification (ID) number EPA–HQ– 

OPPT–2007–0197, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 


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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39041 

II. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

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 and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act (PRA) 

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. In 

addition, OMB has previously approved 

the information collection requirements 

contained in 40 CFR part 372 under the 

provisions of the PRA, 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. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

EPA certifies that this action will not 

have a significant economic impact on 

a substantial number of small entities 

under the RFA, 5 U.S.C. 601 et seq. In 

making this determination, the impact 

of concern is any significant adverse 

economic impact on small entities. An 

agency may certify that a rule will not 

have a significant economic impact on 

a substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This direct 

final rule adds no new reporting 

requirements, and there would be no net 

increase in respondent burden. This 

rule would only update the NAICS 

codes already reported by respondents. 

This final rule will not impose any 

requirements on small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action would impose 

no enforceable duty on any state, local 

or tribal governments or the private 

sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This final rule will not impose 

substantial direct compliance costs on 

Indian tribal governments. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in Executive 

Order 12866, and because EPA does not 

believe the environmental health or 

safety risks addressed by this action 

present a disproportionate risk to 

children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not likely to have a 

significant adverse effect on the supply, 

distribution or use of energy. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards that would require 

Agency consideration under NTTAA 

section 12(d), 15 U.S.C. 272 note. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations. 

EPA has determined that the human 

health or environmental risk addressed 

by this action would not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations, as specified in Executive 

Order 12898 (59 FR 7629, February 16, 

1994). 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., and EPA will submit 

a rule report to each House of the 

Congress and to the Comptroller General 

of the United States. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 372 

Environmental protection, 

Community right-to-know, Reporting 

and recordkeeping requirements, Toxic 

chemicals. 

Dated: August 7, 2017, 

Wendy Cleland-Hamnett, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I 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, 2017, for reporting year 2018 and 

thereafter) subsector and industry codes 

are listed in § 372.23(b) and (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 previously classified under SIC 0723, Crop Preparation 

Services for Market, Except Cotton Ginning; 

Except 311340—Exception is limited to facilities previously classified under SIC 5441, Candy, Nut, and 

Confectionery Stores; 

Except 311352—Exception is limited to facilities previously classified under SIC 5441, Candy, Nut, and 

Confectionery Stores; 

Except 311611—Exception is limited to facilities previously classified under SIC 0751, Livestock Services, 

Except Veterinary; 

Except 311612—Exception is limited to facilities previously classified under SIC 5147, Meats and Meat 

Products; 

Except 311811— Exception is limited to facilities previously classified under SIC 5461, Retail Bakeries; 

312—Beverage and Tobacco Product Manufacturing.Except 312112—Exception is limited to facilities previously classified under SIC 5149, Groceries and Related Products, Not Elsewhere Classified; 

Except 312230—Exception is limited to facilities previously classified under SIC 7389, Business Services, 

Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract 

or fee basis; 

313—Textile Mills ............................ Except 313310—Exception is limited to facilities previously classified under SIC 5131, Piece Goods, Notions, and Other Dry Good; and facilities previously classified under SIC 7389, Business Services, Not 

Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract or fee 

basis; 

314—Textile Product Mills .............. Except 314120—Exception is limited to facilities previously classified under SIC 5714, Drapery, Curtain, 

and Upholstery Stores; 

Except 314999—Exception is limited to facilities previously classified under SIC 7389, Business Services, 

Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract 

or fee basis; 

315—Apparel Manufacturing .......... Except 315220—Exception is limited to facilities previously classified under SIC 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 previously classified under SIC 7334, Photocopying and 

Duplicating Services; 

324—Petroleum and Coal Products 

Manufacturing.

325—Chemical Manufacturing ........ Except 325998—Exception is limited to facilities previously classified under SIC 7389, Business Services, 

Not Elsewhere Classified; 

326—Plastics and Rubber Products 

Manufacturing.

Except 326212—Exception is limited to facilities previously classified under SIC 7534, Tire Retreading and 

Repair Shops; 

327—Nonmetallic Mineral Product 

Manufacturing.

Except 327110—Exception is limited to facilities previously classified under SIC 5719, Miscellaneous home 

furnishing 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 previously classified under SIC 7372, Prepackaged Software; and to facilities previously classified under SIC 7819, Services Allied to Motion Picture Production; 

335—Electrical Equipment, Appliance, and Component Manufacturing.Except 335312—Exception is limited to facilities previously classified under SIC 7694, Armature Rewinding 

Shops; 

336—Transportation Equipment 

Manufacturing.

337—Furniture and Related Product Manufacturing.Except 337110—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores; 

Except 337121—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores; 

Except 337122—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores; 

339—Miscellaneous Manufacturing Except 339113—Exception is limited to facilities previously classified under SIC 5999, Miscellaneous Retail 

Stores, Not Elsewhere Classified; 

Except 339115—Exception is limited to lens grinding facilities previously classified under SIC 5995, Optical 

Goods Stores; 

Except 339116—Exception is limited to facilities previously classified under SIC 8072, Dental Laboratories; 

111998—All Other Miscellaneous 

Crop Farming.

Limited to facilities previously classified under SIC 2099, Food Preparations, Not Elsewhere Classified; 

113310—Logging ............................

211112—Natural Gas Liquid Extraction.Limited to facilities that recover sulfur from natural gas and previously classified under SIC 2819, Industrial 

Inorganic Chemicals, Not Elsewhere Classified; 

212324—Kaolin and Ball Clay Mining.Limited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals 

and Earths, Ground or Otherwise Treated; 

212325—Mining .............................. Limited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals 

and Earths, Ground or Otherwise Treated; 

212393—Other Chemical and Fertilizer Mineral Mining.Limited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals 

and Earths, Ground or Otherwise Treated; 


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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39043 

Subsector code or 

industry code Exceptions and/or limitations 

212399—All Other Nonmetallic Mineral Mining.Limited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals 

and Earths, Ground or Otherwise Treated; 

488390—Other Support Activities 

for Water Transportation.

Limited to facilities previously classified under SIC 3731, Shipbuilding and Repairing; 

511110—Newspaper Publishers ....

511120—Periodical Publishers .......

511130—Book Publishers ..............

511140—Directory and Mailing List 

Publishers.

Except facilities previously classified under SIC 7331, Direct Mail Advertising Services; 

511191—Greeting Card Publishers 

511199—All Other Publishers ........

512230—Music Publishers ............. Except facilities previously classified under SIC 8999, Services, Not Elsewhere Classified;

512250—Record Production and 

Distribution.

Limited to facilities previously classified under SIC 3652, Phonograph Records and Prerecorded Audio 

Tapes and Disks; 

519130—Internet Publishing and 

Broadcasting and Web Search 

Portals.

Limited to Internet publishing facilities previously classified under SIC 2711, Newspapers: Publishing, or 

Publishing and Printing; facilities previously classified under SIC 2721, Periodicals: Publishing, or Publishing and Printing; facilities previously classified under SIC 2731, Books: Publishing, or Publishing and 

Printing; facilities previously classified under SIC 2741, Miscellaneous Publishing; facilities previously 

classified under SIC 2771, Greeting Cards; Except for facilities primarily engaged in web search portals; 

541713—Research and Development in Nanotechnology.Limited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion 

Units and Propulsion Unit Parts; and facilities previously classified under SIC 3769, Guided Missile and 

Space Vehicle Parts and Auxiliary Equipment, Not Elsewhere Classified; 

541715—Research and Development in the Physical, Engineering, and Life Sciences (except 

Nanotechnology and Biotechnology).

Limited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion 

Units and Propulsion Unit Parts; and facilities 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 previously classified under SIC 3732, Boat Building and Repairing. 

(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 .............

212230—Copper, Nickel, Lead, and 

Zinc 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 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 and previously 

classified under SIC 7389, Business Services, Not Elsewhere Classified; 


sradovich on DSK3GMQ082PROD with RULES
39044 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 

Subsector or industry code Exceptions and/or limitations 

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. 

■ 4. Amend § 372.38 by revising 

paragraph (h) to read as follows: 

§ 372.38 Exemptions. 

* * * * * 

(h) Metal mining overburden. If a 

toxic chemical that is a constituent of 

overburden is processed or otherwise 

used by facilities in SIC code 10, or in 

NAICS codes 212221, 212222, 212230 or 

212299, a person is not required to 

consider the quantity of the toxic 

chemical so processed, or otherwise 

used when determining whether an 

applicable threshold has been met 

under § 372.25, § 372.27, or § 372.28, or 

determining the amounts to be reported 

under § 372.30. 

[FR Doc. 2017–17413 Filed 8–16–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 170303228–7752–02] 

RIN 0648–BG71 

Subsistence Taking of Northern Fur 

Seals on the Pribilof Islands; Final 

Annual Subsistence Harvest Levels for 

2017–2019 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; Final annual fur seal 

subsistence harvest levels. 

SUMMARY: Pursuant to the regulations 

governing the subsistence taking of 

North Pacific fur seals (Callorhinus 

ursinus) (northern fur seals), NMFS is 

publishing the expected harvest levels 

from 2017–2019 on St. George and St. 

Paul Islands, Alaska (the Pribilof 

Islands) to satisfy subsistence 

requirements of the Alaska Natives 

residing on the Pribilof Islands 

(Pribilovians). NMFS is establishing the 

2017–2019 harvest levels at 1,645 to 

2,000 fur seals for St. Paul Island and 

300 to 500 fur seals for St. George 

Island. 

DATES: Effective September 18, 2017. 

ADDRESSES: Two Final Environmental 

Impact Statements (EISs), one Draft EIS, 

annual subsistence harvest reports, and 

other references are available on the 

Internet at the following address: 

https://alaskafisheries.noaa.gov/pr/furseal. 

FOR FURTHER INFORMATION CONTACT: 

Michael Williams, NMFS Alaska 

Region, 907–271–5117, 

michael.williams@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Eastern Pacific stock of northern 

fur seals (fur seals) is considered 

depleted under the Marine Mammal 

Protection Act (MMPA), 16 U.S.C. 1361, 

et seq. The subsistence harvest from this 

stock on the Pribilof Islands is governed 

by regulations found in 50 CFR part 216, 

subpart F, published under the 

authority of the Fur Seal Act (FSA), 16 

U.S.C. 1151, et seq. Pursuant to 50 CFR 

216.72(b), every three years NMFS must 

publish in the Federal Register a 

summary of the Pribilovians’ fur seal 

harvest for the previous three-year 

period. NMFS is also required to 

include an estimate of the number of fur 

seals expected to satisfy the subsistence 

requirements of Pribilovians in the 

subsequent three-year period. After a 

30-day comment period, NMFS must 

publish a final notification of the 

expected annual harvest levels for the 

next three years. 

On May 18, 2017 (82 FR 22797), 

NMFS published the summary of the 

2014–2016 fur seal harvests and 

provided a 30-day comment period on 

the estimates of the number of fur seals 

expected to be taken annually to satisfy 

the subsistence requirements of the 

Pribilovians of each island for 2017– 

2019. In that notice, NMFS estimated 

the annual subsistence needs for 2017– 

2019 would be 1,645 to 2,000 fur seals 

for St. Paul Island and 300 to 500 fur 

seals for St. George Island and provided 

background information related to these 

estimates. 

Summary of Changes From Proposed 

Annual Harvest Estimates 

NMFS did not make any changes from 

the proposed notice of annual harvest 

levels. The harvest levels for each island 

remain the same and therefore the 

annual harvest levels remain 1,645 to 

2,000 fur seals for St. Paul Island and 

300 to 500 fur seals for St. George 

Island. 

Comments and Response 

NMFS received nine distinct 

comments from four parties on the 

notice of the 2017–2019 proposed 

annual harvest estimates (82 FR 22797; 

May 18, 2017). A summary of the 

comments received and NMFS’s 

responses follows. 

Comment 1: In an effort to stabilize 

the ecosystems, only indigenous people 

should be allowed to take part in these 

kills and every effort should be made to 

establish a line of communication with 

indigenous leaders regarding concerns 

of human influence and its effects on 

the ecosystem. Removing fur seals could 

result in an increase in lower trophic 

levels and a decrease in higher trophic 

levels. 

Response 1: Pursuant to the Fur Seal 

Act, 16 U.S.C. 1152, ‘‘it is unlawful, 

except as provided in the chapter or by 

regulation of the Secretary, for any 

person or vessel subject to the 

jurisdiction of the United States to 

engage in the taking of fur seals in the 

North Pacific Ocean or on lands or 

waters under the jurisdiction of the 

United States . . .’’ Regulations issued 

under the authority of the Fur Seal Act 

authorize Pribilovians to take fur seals 

on the Pribilof Islands if such taking is 

for subsistence uses and not 

accomplished in a wasteful manner (50 

CFR 216.71). NMFS works in 

partnership with the Pribilovians under 

co-management agreements pursuant to 

the Marine Mammal Protection Act to 

discuss human influences on the 

ecosystem and issues of concern for the 

northern fur seal population on the 


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