
[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Rules and Regulations]               
[Page 32466-32473]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn08-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2007-0318; FRL-8577-1]
RIN 2025-AA22

 
Community Right-To-Know; Corrections and 2007 Updates to the 
Toxics Release Inventory (TRI) North American Industry Classification 
System (NAICS) Reporting Codes; Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is amending the regulations to make certain updates and 
corrections 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) 
2007 NAICS revision. EPA is making corrections to the list of NAICS 
codes subject to reporting under TRI that was published on June 6, 
2006, in the final rule adopting NAICS for TRI reporting and is 
correcting a longstanding typographical error in the regulatory text.

DATES: This final rule is effective on August 8, 2008. Facilities will 
be required to report to TRI using 2007 NAICS codes beginning with TRI 
reporting forms that are due on July 1, 2009, covering releases and 
other waste management quantities for the 2008 calendar year.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-TRI-2007-0318. All documents in the docket are listed on the 
http://www.regulations.gov Web

[[Page 32467]]

site. 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 
http://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: 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/. For specific information on this 
rulemaking 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) 566-0741; e-mail: 
kendall.judith@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

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) and section 
6607 of the Pollution Prevention Act (PPA) to report annually to EPA 
and States their environmental releases and other waste management 
quantities of covered chemicals. Under Executive Order 13423, published 
on January 24, 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 April 2, 2007, the White House Council on 
Environmental Quality (CEQ) issued Instructions for Implementing 
Executive Order 13423, including annual reporting to the TRI program. 
Executive departments and agencies are required to implement the 
activities described in the instructions in accordance with sections 1, 
2, 3 and 4(b) of the Executive Order.
    To determine whether your facility is affected by this action, you 
should carefully examine the applicability criteria in part 372, 
subpart B 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.

II. What Is EPA's Statutory Authority for Taking This Action?

    EPA is finalizing 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 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 authorizes the 
``Administrator [to] prescribe such regulations as may be necessary to 
carry out this chapter.'' 42 U.S.C. 11048.
    Consistent with these authorities, 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 (June 6, 2006). EPA is now amending 40 CFR Part 372 to 
include OMB's revised NAICS codes for 2007.
    Owners and operators of facilities that are subject to section 313 
must identify their principal business activities using 2007 NAICS 
codes beginning with TRI reporting forms that are due on July 1, 2009, 
covering releases and other waste management quantities at the facility 
for the 2008 calendar year.

III. 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 the NAICS 
codes. The list of TRI NAICS codes that appeared in the final rule was 
developed from the 2002 NAICS revision. EPA is now updating that list 
based on the OMB 2007 NAICS revision. In addition, certain TRI-covered 
NAICS codes and certain exceptions and limitations to TRI-covered NAICS 
codes did not appear in the June 6, 2006, notice's list of TRI-covered 
NAICS codes and are now being included.

IV. Final Action

A. What Is the Agency's Final Action?

    EPA is amending 40 CFR Part 372 to correct the list of NAICS codes 
for TRI reporting and to update the list using 2007 NAICS codes so that 
the NAICS codes listed in the TRI regulations accurately reflect the 
universe of covered facilities under section 313 of EPCRA and section 
6607 of the PPA.
    In addition, unrelated to the NAICS codes, EPA is using this 
rulemaking as an opportunity to correct a reference to a nonexistent 
section in Part 372. Specifically, Sec.  372.5 (Persons subject to this 
part) reads, in pertinent part ``If the owner and operator of a 
facility are different persons, only one need report under Sec.  372.17 
or provide a notice under Sec.  372.45 for each toxic chemical in a 
mixture or trade name product distributed from the facility.'' There is 
no 40 CFR 372.17 and therefore, reference to this section is an error 
which the Agency is proposing to revise to refer to the appropriate 
section on TRI reporting requirements, Sec.  372.30 (Reporting 
requirements and schedule for reporting).

B. Will This Final Rule Affect the Universe of Facilities That Are 
Currently Required To Report to EPA and the States?

    This action will not affect the universe of facilities that is 
currently required to report under section 313 of EPCRA and section 
6607 of the PPA because EPA is not adding or deleting industry groups 
from the list of industries currently subject to section 313 reporting 
requirements.

C. How Will Section 313 Reporting Requirements Change as a Result of 
This Rule?

    TRI reporting requirements will not change as a result of this 
final rule. This rule revises the NAICS codes to reflect

[[Page 32468]]

the OMB NAICS 2007 revision and corrects inadvertent omissions that 
occurred when identifying the NAICS codes that are associated with the 
SIC codes that are covered by the statute. This rule will help clarify 
that certain sectors are still required to report to TRI and to 
accurately reflect all covered sectors in the list of TRI-covered NAICS 
codes.

D. Office of Management and Budget (OMB) Updates to NAICS

    OMB plans to update NAICS every five years with the next update 
scheduled for 2012. If necessary, the TRI program will issue a Federal 
Register notice to update the TRI NAICS codes at that time.

V. Summary of Public Comments and EPA Responses

    No comments were received during the 30-day comment period 
following publication of the proposed rule to update TRI NAICS codes.

VI. What Additional Reporting Burden Is Associated With This Action?

    This rule adds no new reporting requirements, and there will be no 
net increase in respondent burden. Facilities were first required to 
report their toxic chemical releases and other waste management 
activities to EPA using NAICS codes 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 and 2002 NAICS can be found on the Internet at http://
www.census.gov/epcd/www/naics.html.

VII. Regulatory Assessment Requirements

A. Executive Order 12866

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

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.
    The Office of Management and Budget (OMB) has previously approved 
the information collection requirements contained in the existing 
regulations at 40 CFR part 372 under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned the Information 
Collection Request (ICR) OMB control numbers 2070-0093 (EPA ICR No. 
1363-15) for Form R and 2070-0143 (EPA ICR No. 1704-09) for Form A. A 
copy of the OMB approved Information Collection Requests (ICRs) may be 
obtained from Rick Westlund, Collection Strategies Division; U.S. 
Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., 
Washington, DC 20460 or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. 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, small entity is defined 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; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The small 
entities directly regulated by this rule are TRI reporting facilities 
that have 10 or more full-time employee equivalents (i.e., a total of 
20,000 hours or greater). We have determined that, since this rule 
makes only very minor revisions and updates to the TRI NAICS codes that 
are already being used by TRI-covered facilities on TRI reporting 
forms, the resulting burden due to these minor changes is negligible, 
and will not have a significant economic impact on a substantial number 
of small entities.

D. Unfunded Mandates Reform Act

    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. Title II of the Unfunded Mandates Reform Act of 
1995 (UMRA), Public Law 104-4, establishes requirements for Federal 
agencies to assess the effects of their regulatory actions on State, 
local, and tribal governments and the private sector. Under Section 202 
of the UMRA, EPA generally must prepare a written statement, including 
a cost-benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of the 
regulatory alternatives and adopt the least costly, most cost-effective 
or least burdensome alternative that achieves the objective of the 
rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows EPA to 
adopt an alternative other than the least costly, most cost-effective 
or least burdensome alternative if the Administrator publishes with the 
final rule an explanation why that alternative was not adopted. Before 
EPA establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in

[[Page 32469]]

the development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    Thus, today's rule is not subject to the requirements of sections 
202 and 205 of the UMRA. EPA has also determined that this rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. Because this rule simply updates and 
makes very minor corrections to the TRI NAICS codes that have already 
been implemented for reporting by TRI facilities, the rule will not 
impose substantial direct compliance costs on TRI reporting facilities 
regulated under section 313 of EPCRA and 6607 of the PPA.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.''
    This rule does not have federalism implications. It will not have a 
substantial direct effect on 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. Thus, Executive Order 13132 does not apply to 
this rule.

F. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 9, 2000) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' EPA has concluded that this rule may 
have tribal implications as TRI reporting facilities may be on tribal 
lands. However, the rule simply updates and makes corrections to the 
TRI NAICS codes that have already been implemented for reporting by TRI 
facilities, including those on tribal lands. As such, the rule will 
neither impose substantial direct compliance costs on tribal 
governments, nor preempt Tribal law.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to 
Executive Order 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 rule is not subject to Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (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) (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, etc.) 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 rulemaking does not involve technical standards. Therefore, 
EPA is not considering 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 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.

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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of agency organization, procedure, or practice 
that does not substantially affect the rights or obligations of non-
agency parties.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements, Toxic chemicals.


[[Page 32470]]


    Dated: June 3, 2008.
Stephen L. Johnson,
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.


Sec.  372.5  [Amended]

0
2. Amend Sec.  372.5, by removing the reference to ``372.17'' and 
adding in its place the reference ``372.30''.
0
3. Amend Sec.  372.22 by revising paragraph (b) introductory text 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, 2007, for 
reporting year 2008 and thereafter) subsector and industry codes are 
listed in Sec.  372.23(b) and (c) by virtue of the fact that it meets 
one of the following criteria:
* * * * *

0
4. 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.

------------------------------------------------------------------------
  Subsector code or industry code       Exceptions and/or limitations
------------------------------------------------------------------------
113310 Logging....................
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 311330--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 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 311811--Retail Bakeries
                                     (previously classified under SIC
                                     5461, Retail Bakeries);
                                    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);
312 Beverage and Tobacco Product    Except 312112--Exception is limited
 Manufacturing.                      to facilities primarily engaged in
                                     bottling mineral or spring water
                                     (previously classified under SIC
                                     5149, Groceries and Related
                                     Products, NEC);
                                    Except 312229--Exception is limited
                                     to facilities primarily engaged in
                                     providing Tobacco Sheeting Services
                                     (previously classified under SIC
                                     7389, Business Services, NEC);
313 Textile Mills.................  Except 313311--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
                                     sponging fabric for tailors and
                                     dressmakers (previously classified
                                     under SIC 7389, Business Services,
                                     NEC (Sponging fabric for tailors
                                     and dressmakers));
                                    Except 313312--Exception is limited
                                     to facilities primarily engaged in
                                     converting narrow woven Textiles,
                                     and narrow woven piece goods,
                                     (previously classified under SIC
                                     5131, Piece Goods Notions, and
                                     Other Dry Goods, converters, except
                                     broadwoven fabric);
314 Textile Product Mills.........  Except 314121--Exception is limited
                                     to facilities primarily engaged in
                                     making Custom drapery for retail
                                     sale (previously classified under
                                     SIC 5714, Drapery, Curtain, and
                                     Upholstery Stores);
                                    Except 314129--Exception is limited
                                     to facilities primarily engaged 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 315222--Exception is limited
                                     to custom tailors primarily engaged
                                     in making and selling men's and
                                     boys' suits, cut and sewn from
                                     purchased fabric (previously
                                     classified under SIC 5699,
                                     Miscellaneous Apparel and Accessory
                                     Stores (custom tailors));
                                    Except 315223--Exception is limited
                                     to custom tailors primarily engaged
                                     in making and selling men's and
                                     boys' dress shirts, cut and sewn
                                     from purchased fabric (previously
                                     classified under SIC 5699,
                                     Miscellaneous Apparel and Accessory
                                     Stores (custom tailors));
                                    Except 315233--Exception is limited
                                     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...........

[[Page 32471]]


323 Printing and Related Support    Except 323114--Exception is limited
 Activities.                         to facilities primarily engaged in
                                     reproducing text, drawings, plans,
                                     maps, or other copy, by
                                     blueprinting, photocopying,
                                     mimeographing, or other methods of
                                     duplication other than printing or
                                     microfilming (i.e., instant
                                     printing) (previously classified
                                     under SIC 7334, Photocopying and
                                     Duplicating Services, (instant
                                     printing));
324 Petroleum and Coal Products     ....................................
 Manufacturing.
325 Chemical Manufacturing........  Except 325998--Exception is limited
                                     to facilities primarily engaged in
                                     Aerosol can filling on a job order
                                     or contract basis (previously
                                     classified under SIC 7389, Business
                                     Services, NEC (aerosol packaging));
326 Plastics and Rubber Products    Except 326212--Tire Retreading,
 Manufacturing.                      (previously classified under SIC
                                     7534, Tire Retreading and Repair
                                     Shops (rebuilding));
327 Nonmetallic Mineral Product     Except 327112--Exception is limited
 Manufacturing.                      to facilities primarily engaged in
                                     manufacturing and selling pottery
                                     on site (previously classified
                                     under SIC 5719, Miscellaneous
                                     Homefurnishing Stores);
331 Primary Metal Manufacturing...
332 Fabricated Metal Product
 Manufacturing.
333 Machinery Manufacturing.......
334 Computer and Electronic         Except 334611--Software Reproducing
 Product Manufacturing.              (previously classified under SIC
                                     7372, Prepackaged Software,
                                     (reproduction of software));
                                    Except 334612--Exception is limited
                                     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
 Appliance, and Component            to facilities primarily engaged in
 Manufacturing.                      armature rewinding on a factory
                                     basis (previously classified under
                                     SIC 7694 (Armature Rewinding Shops
                                     (remanufacturing));
336 Transportation Equipment
 Manufacturing.
337 Furniture and Related Product   Except 337110--Exception is limited
 Manufacturing.                      to facilities primarily engaged in
                                     the retail sale of household
                                     furniture and that manufacture
                                     custom wood kitchen cabinets and
                                     counter tops (previously classified
                                     under SIC 5712, Furniture Stores
                                     (custom wood cabinets));
                                    Except 337121--Exception is limited
                                     to facilities primarily engaged in
                                     the retail sale of household
                                     furniture and that manufacture
                                     custom made upholstered household
                                     furniture (previously classified
                                     under SIC 5712, Furniture Stores
                                     (upholstered, custom made
                                     furniture));
                                    Except 337122--Exception is limited
                                     to facilities primarily engaged in
                                     the retail sale of household
                                     furniture and that manufacture
                                     nonupholstered, household type,
                                     custom wood furniture (previously
                                     classified under SIC 5712,
                                     Furniture Stores (custom made wood
                                     nonupholstered household furniture
                                     except cabinets));
339 Miscellaneous Manufacturing...  Except 339113--Exception is limited
                                     to facilities primarily engaged in
                                     manufacturing orthopedic devices to
                                     prescription in a retail
                                     environment (previously classified
                                     under SIC 5999, Miscellaneous
                                     Retail Stores, NEC);
                                    Except 339115--Exception is limited
                                     to lens grinding facilities that
                                     are primarily engaged in the retail
                                     sale of eyeglasses and contact
                                     lenses to prescription for
                                     individuals (previously classified
                                     under SIC 5995, Optical Goods
                                     Stores (optical laboratories
                                     grinding of lenses to
                                     prescription));
                                    Except 339116--Dental Laboratories
                                     (previously classified under SIC
                                     8072, Dental Laboratories);
111998 All Other Miscellaneous      Limited to facilities primarily
 Crop Farming.                       engaged in reducing maple sap to
                                     maple syrup (previously classified
                                     under SIC 2099, Food Preparations,
                                     NEC, Reducing Maple Sap to Maple
                                     Syrup);
211112 Natural Gas Liquid           Limited to facilities that recover
 Extraction.                         sulfur from natural gas (previously
                                     classified under SIC 2819,
                                     Industrial Inorganic chemicals, NEC
                                     (recovering sulfur from natural
                                     gas));
212324 Kaolin and Ball Clay Mining  Limited to facilities operating
                                     without a mine or quarry and that
                                     are primarily engaged in
                                     beneficiating kaolin and clay
                                     (previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated (grinding,
                                     washing, separating, etc. of
                                     minerals in SIC 1455));
212325 Mining.....................  Limited to facilities operating
                                     without a mine or quarry and that
                                     are primarily engaged in
                                     beneficiating clay and ceramic and
                                     refractory minerals (previously
                                     classified under SIC 3295, Minerals
                                     and Earths, Ground or Otherwise
                                     Treated (grinding, washing,
                                     separating, etc. of minerals in SIC
                                     1459));
212393 Other Chemical and           Limited to facilities operating
 Fertilizer Mineral Mining.          without a mine or quarry and that
                                     are primarily engaged in
                                     beneficiating chemical or
                                     fertilizer mineral raw materials
                                     (previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated (grinding,
                                     washing, separating, etc. of
                                     minerals in SIC 1479));
212399 All Other Nonmetallic        Limited to facilities operating
 Mineral Mining.                     without a mine or quarry and that
                                     are primarily engaged in
                                     beneficiating nonmetallic minerals
                                     (previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated (grinding,
                                     washing, separating, etc. of
                                     minerals in SIC 1499));
488390 Other Support Activities     Limited to facilities that are
 for Water Transportation.           primarily engaged in providing
                                     routine repair and maintenance of
                                     ships and boats from floating
                                     drydocks (previously classified
                                     under SIC 3731, Shipbuilding and
                                     Repairing (floating drydocks not
                                     associated with a shipyard));
511110 Newspaper Publishers.......
511120 Periodical Publishers......
511130 Book Publishers............

[[Page 32472]]


511140 Directory and Mailing List   Except facilities that are primarily
 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 and      Limited to facilities primarily
 Broadcasting and Web Search         engaged in Internet newspaper
 Portals.                            publishing (previously classified
                                     under SIC 2711, Newspapers:
                                     Publishing, or Publishing and
                                     Printing), Internet periodical
                                     publishing (previously classified
                                     under SIC 2721, Periodicals:
                                     Publishing, or Publishing and
                                     Printing), Internet book publishing
                                     (previously classified under SIC
                                     2731, Books: Publishing, or
                                     Publishing and Printing),
                                     Miscellaneous Internet publishing
                                     (previously classified under SIC
                                     2741, Miscellaneous Publishing),
                                     Internet greeting card publishers
                                     (previously classified under SIC
                                     2771, Greeting Cards); Except for
                                     facilities primarily engaged in web
                                     search portals;
541712 Research and Development in  Limited to facilities that are
 the Physical, Engineering, and      primarily engaged in Guided missile
 Life Sciences (except               and space vehicle engine research
 Biotechnology).                     and development (previously
                                     classified under SIC 3764, Guided
                                     Missile and Space Vehicle
                                     Propulsion Units and Propulsion
                                     Unit Parts), and in Guided missile
                                     and space vehicle parts (except
                                     engines) research and development
                                     (previously classified under SIC
                                     3769, Guided Missile and Space
                                     Vehicle Parts and Auxiliary
                                     Equipment, Not Elsewhere
                                     Classified);
811490 Other Personal and           Limited to facilities that are
 Household Goods Repair and          primarily engaged in repairing and
 Maintenance.                        servicing pleasure and sail boats
                                     without retailing new boats
                                     (previously classified under SIC
                                     3732, Boat Building and Repairing
                                     (pleasure boat building));
------------------------------------------------------------------------

    (c) NAICS codes that correspond to SIC codes other than SIC codes 
20 through 39.

------------------------------------------------------------------------
    Subsector or industry code          Exceptions and/or limitations
------------------------------------------------------------------------
212111 Bituminous Coal and Lignite  ....................................
 Surface Mining.
212112 Bituminous Coal and
 Underground Mining.
212113 Anthracite Mining..........
212221 Gold Ore Mining............
212222 Silver Ore Mining..........
212231 Lead Ore and Zinc Ore
 Mining.
212234 Copper Ore and Nickel Ore
 Mining.
212299 Other Metal Ore Mining.....
221111 Hydroelectric Power          Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221112 Fossil Fuel Electric Power   Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221113 Nuclear Electric Power       Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221119 Other Electric Power         Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221121 Electric Bulk Power          Limited to facilities that combust
 Transmission and Control.           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   Limited to facilities engaged in
 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 Agents and   Limited to facilities previously
 Brokers.                            classified in SIC 5169, Chemicals
                                     and Allied Products, Not Elsewhere
                                     Classified.
562112 Hazardous Waste Collection.  Limited to facilities primarily
                                     engaged in solvent recovery
                                     services on a contract or fee basis
                                     (previously classified under SIC
                                     7389, Business Services, NEC).

[[Page 32473]]


562211 Hazardous Waste Treatment    Limited to facilities regulated
 and Disposal.                       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   Limited to facilities regulated
 Incinerators.                       under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562219 Other Nonhazardous Waste     Limited to facilities regulated
 Treatment and Disposal.             under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562920 Materials Recovery           Limited to facilities regulated
 Facilities.                         under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
------------------------------------------------------------------------

[FR Doc. E8-12856 Filed 6-6-08; 8:45 am]

BILLING CODE 6560-50-P
