79620 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Rules and Regulations 

credit and cost-sharing reductions. The 

standards established at subpart M 

enable HHS to carry out its 

responsibility of ensuring that Federal 

funds are used appropriately in the 

administration of State Exchange 

activities. 

II. Summary of Error 

On page 65095, in the Federal 

Register of October 30, 2013, we added 

subpart M ‘‘Oversight and Program 

Integrity Standards for State Exchanges’’ 

to the regulations text at 45 CFR part 

155. While it was clear from the 

preamble and regulations text that 

subpart M applies to all Exchanges, 

including small business health options 

program (SHOP) Exchanges, due to an 

oversight we inadvertently omitted 

cross-referencing new subpart M at 

§ 155.705(a) of the regulations in part 

155, subpart H—Exchange Functions: 

Small Business Health Options Program. 

Accordingly, we are revising 

§ 155.705(a) so that the regulations in 

part 155 consistently reflect our policy 

that all Exchanges, including SHOP 

Exchanges, must carry out the required 

functions of an Exchange that are set 

forth at subpart M. We are correcting 

§ 155.705(a) by adding a cross reference 

to subpart M, so that the provision 

reads, ‘‘Exchange functions that apply to 

SHOP’’. The SHOP must carry out all 

the required functions of an Exchange 

described in this subpart and in 

subparts C, E, K, and M of this part, 

except: . . . .’’ 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect, in accordance with section 

553(b) and (c) of the Administrative 

Procedure Act (APA) (5 U.S.C. 553(b) & 

(c)). However, we can waive notice and 

comment if the Secretary finds, for good 

cause, that notice and comment would 

be impracticable, unnecessary, or 

contrary to the public interest, and 

incorporates a statement of the finding 

and the reasons therefor in the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in the effective 

date of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if the Secretary 

finds for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and incorporates 

a statement of the findings and the 

reasons therefor in the rule issued. 

It was clear from both the preamble 

and the regulations text for 45 CFR part 

155, subpart M, that subpart M applies 

to all Exchanges, including SHOP 

Exchanges. Both the preamble and the 

regulations text for part 155, subpart M 

use the term ‘‘Exchange’’ when 

describing the new requirements. The 

term ‘‘Exchange’’ is defined at § 155.20 

as including SHOP Exchanges. In 

relevant part, the definition of 

‘‘Exchange’’ in § 155.20 states: ‘‘Unless 

otherwise identified, this term includes 

an Exchange serving the individual 

market for qualified individuals and a 

SHOP serving the small group market 

for qualified employers . . . .’’ This 

conforming amendment merely corrects 

a technical nonconformity in the 

regulations text so that the regulations 

consistently reflect the policy adopted 

in the October 30, 2013 final rule. 

Therefore, we find that undertaking 

further notice and comment before this 

correction is incorporated into the final 

rule is unnecessary. 

For the same reasons, we also find 

good cause to waive the 30-day delay in 

effective date. 

IV. Correction of Errors 

On page 65095, in the third column, 

after the regulations text for § 155.420— 

Special enrollment periods, insert the 

following amendment to § 155.705— 

Functions of a SHOP to read as follows: 

§ 155.705 [Corrected] 

26a. Section 155.705 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 155.705 Functions of a SHOP. 

(a) Exchange functions that apply to 

SHOP. The SHOP must carry out all the 

required functions of an Exchange 

described in this subpart and in 

subparts C, E, K, and M of this part, 

except: 

* * * * * 

Dated: December 23, 2013. 

Oliver Potts, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2013–31319 Filed 12–30–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisitions Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AI17 

Defense Federal Acquisition 

Regulation Supplement; Trade 

Agreements Thresholds (DFARS Case 

2013–D032) 

AGENCY: Defense Acquisition 

Regulations System; Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to incorporate increased 

thresholds for application of the World 

Trade Organization Government 

Procurement Agreement and the Free 

Trade Agreements, as determined by the 

United States Trade Representative. 

DATES: Effective: January 1, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Annette Gray, (703) 602–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Every two years, the trade agreements 

thresholds are escalated according to a 

pre-determined formula set forth in the 

agreements. The United States Trade 

Representative has specified the 

following new thresholds in the Federal 

Register (78 FR 76700, December 18, 

2013): 

Trade agreement 

Supply contract 

(equal to or 

exceeding) 

Construction 

contract 

(equal to or 

exceeding) 

WTO GPA .................................................................................................................................................... 204,000 7,864,000 

FTAs: 

Australia FTA ........................................................................................................................................ 79,507 7,864,000 

Bahrain FTA ......................................................................................................................................... 204,000 10,335,931 

CAFTA–DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) 79,507 7,864,000 

Chile FTA .............................................................................................................................................. 79,507 7,864,000 

Colombia FTA ....................................................................................................................................... 79,507 7,864,000 

Korea FTA ............................................................................................................................................ 100,000 7,864,000 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Rules and Regulations 79621 

Trade agreement 

Supply contract 

(equal to or 

exceeding) 

Construction 

contract 

(equal to or 

exceeding) 

Morocco FTA ........................................................................................................................................ 204,000 7,864,000 

NAFTA: 

—Canada .............................................................................................................................................. 25,000 10,335,931 

—Mexico ............................................................................................................................................... 79,507 10,335,931 

Panama FTA ........................................................................................................................................ 204,000 7,864,000 

Peru FTA .............................................................................................................................................. 204,000 7,864,000 

Singapore FTA ..................................................................................................................................... 79,507 7,864,000 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

Publication of proposed regulations, 

41 U.S.C. 1707, is the statute which 

applies to the publication of the Federal 

Acquisition Regulation. Paragraph (a)(1) 

of the statute requires that a 

procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it implements the new 

thresholds in the clause prescriptions at 

DFARS 225.1101, 225.7017–3, 225.7503 

and in the clauses at 252.225–7017 and 

252.225–7018. These requirements 

affect only the internal operating 

procedures of the Government. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

FAR revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 and 

does not require publication for public 

comment. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and CFR 

chapter 1. 

PART 225—FOREIGN CONTRACTING 

225.1101 [Amended] 

■ 2. Section 225.1101 is amended— 

■ a. In paragraph (10)(i) introductory 

text, by removing ‘‘$202,000’’ and 

adding ‘‘$204,000’’ in its place; and 

■ b. In paragraphs (10)(i)(A), (10)(i)(B), 

and (10)(i)(C), by removing ‘‘$77,494’’ 

and adding ‘‘$79,507’’ in its place. 

■ 3. Section 225.7017–3 is amended in 

paragraphs (b) and (c)(2), by removing 

‘‘$202,000’’ and adding ‘‘$204,000’’ in 

its place. 

■ 4. Section 225.7503 is amended— 

■ a. In paragraphs (a)(1) and (b)(1), by 

removing ‘‘$7,777,000’’ and adding 

‘‘$7,864,000’’ in its place; 

■ b. In paragraph (b)(2), by removing 

‘‘$7,777,000’’ and adding ‘‘$7,864,000’’ 

in its place, and by removing 

‘‘$10,074,262’’ and adding 

‘‘$10,335,931’’ in its place. 

■ c. In paragraph (b)(3) by removing 

‘‘$10,074,262’’ and adding 

‘‘$10,335,931’’ in its place; and 

■ d. In paragraph (b)(4) by removing 

‘‘$7,777,000’’ and adding ‘‘$7,864,000’’ 

in its place, and by removing 

‘‘$10,074,262’’ and adding 

‘‘$10,335,931’’ in its place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7017 [Amended] 

■ 5. Section 252.225–7017 is 

amended— 

■ a. By removing clause date ‘‘(DEC 

2013)’’ and adding ‘‘(JAN 2014)’’ in its 

place. 

■ b. In paragraphs (c)(2) and (c)(3), by 

removing ‘‘$77,494’’ and adding 

‘‘$79,507’’ in its place; and 

■ c. In paragraphs (c)(4) and (c)(5), by 

removing ‘‘$202,000’’ and adding 

‘‘$204,000’’ in its place. 

252.225–7018 [Amended] 

■ 6. Section 252.225–7018 is 

amended— 

■ a. By removing clause date ‘‘(DEC 

2013)’’ and adding ‘‘(JAN 2014)’’ in its 

place. 

■ b. In paragraphs (b)(1) and (b)(2), by 

removing ‘‘$202,000’’ and adding 

‘‘$204,000’’ in its place; 

■ c. In paragraphs (d)(3) and (d)(4) 

introductory text, by removing 

‘‘$77,494’’ and adding ‘‘$79,507’’ in its 

place; and 

■ d. In paragraphs (d)(5) and (d)(6) 

introductory text, by removing 

‘‘$202,000’’ and adding ‘‘$204,000’’ in 

its place. 

[FR Doc. 2013–30792 Filed 12–30–13; 8:45 am] 

BILLING CODE 5001–06–P 


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