Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Rules and Regulations 79619 

specified in Executive Order 13132 (64 

FR 43255, August 10, 1999), because it 

merely authorizes State requirements as 

part of the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. 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’’ as defined under 

Executive Order 12866. 

Under RCRA 3006(b), EPA grants a 

State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

F.R. 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 F.R. 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Executive Order 

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. 

Because this rule authorizes pre-existing 

State rules which are equivalent to, and 

no less stringent than existing federal 

requirements, and imposes no 

additional requirements beyond those 

imposed by State law and there are no 

anticipated significant adverse human 

health or environmental effects, the rule 

is not subject to Executive Order 12898. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this document and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). This 

action nevertheless will be effective 60 

days after it is published, because it is 

an immediate final rule. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: November 5, 2013. 

H. Curtis Spalding, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2013–31121 Filed 12–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 155 

[CMS–9957–CN; 9964–CN] 

RIN 0938–AR82; RIN 0938–AR74 

Patient Protection and Affordable Care 

Act; Program Integrity: Exchange, 

Premium Stabilization Programs, and 

Market Standards; Amendments to the 

HHS Notice of Benefit and Payment 

Parameters for 2014 Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects an 

error that appeared in the final rule 

published in the Federal Register on 

October 30, 2013 entitled, ‘‘Patient 

Protection and Affordable Care Act; 

Program Integrity: Exchange, Premium 

Stabilization Programs, and Market 

Standards; Amendments to the HHS 

Notice of Benefit and Payment 

Parameters for 2014.’’ 

DATES: Effective Date: December 30, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Scott Dafflitto (301) 492–4198. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2013–25326 of October 30, 

2013 (78 FR 65046), final rule entitled 

‘‘Patient Protection and Affordable Care 

Act; Program Integrity: Exchange, 

Premium Stabilization Programs, and 

Market Standards; Amendments to the 

HHS Notice of Benefit and Payment 

Parameters for 2014 (78 FR 65046), there 

was a technical nonconformity that is 

identified and corrected in the 

regulations text of this correction notice. 

This correction is effective December 

30, 2013, just as if it had been included 

in the document published on October 

30, 2013. 

The October 30, 2013 final rule 

implements provisions of the Patient 

Protection and Affordable Care Act 

(Pub. L. 111–148) and the Health Care 

and Education Reconciliation Act of 

2010 (Pub. L. 111–152) (collectively 

referred to as the Affordable Care Act). 

In relevant part, the October 30, 2013 

final rule establishes standards, at 45 

CFR part 155, subpart M, that require 

State Exchanges to submit certain 

reports to the Department of Health and 

Human Services (HHS) and to undertake 

certain recordkeeping and self-auditing 

activities to ensure compliance with 

Federal requirements, such as those 

governing eligibility determinations for 

advance payments of the premium tax 


emcdonald on DSK67QTVN1PROD with RULES
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