33230 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 

1On March 27, 2008 (73 FR 16436), EPA 

promulgated a revised 8-hour ozone standard of 

0.075 ppm (the 2008 8-hour ozone standard), and 

on May 21, 2012, EPA designated San Diego County 

as nonattainment for the 2008 8-hour ozone 

standard (77 FR 30088). This rulemaking relates 

only to the 1997 8-hour ozone standard and does 

not relate to the 2008 8-hour ozone standard. 

required to support the additional year 

of funding would not impose additional 

regulatory burdens or require 

unnecessary Federal supervision. 

Paperwork Reduction Act of 1995 

This notice of final waiver and 

extension of the project period does not 

contain any information collection 

requirements. 

Intergovernmental Review 

This program is subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. This 

document provides early notification of 

our specific plans and actions for this 

program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: May 29, 2013. 

Michael Yudin, 

Delegated the authority to perform the 

functions and duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2013–13070 Filed 6–3–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2012–0971;FRL–9818–1] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; State of California; 

Redesignation of San Diego County to 

Attainment for the 1997 8-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving, as a 

revision of the California state 

implementation plan, a request from the 

California Air Resources Board to 

redesignate the San Diego County ozone 

nonattainment area to attainment of the 

1997 8-hour ozone National Ambient 

Air Quality Standard (1997 ozone 

standard) because the request meets the 

statutory requirements for redesignation 

under the Clean Air Act. EPA is also 

approving the State’s plan for 

maintaining the 1997 ozone standard in 

San Diego County for ten years beyond 

redesignation, and the inventories and 

related motor vehicle emissions budgets 

within the plan, because they meet the 

applicable requirements for such plans 

and budgets. 

DATES: This final rule is effective on July 

5, 2013. 

ADDRESSES: EPA has established a 

docket for this action: Docket ID No. 

EPA–R05–OAR–2012–0791. Generally, 

documents in the docket for this action 

are available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, Air Planning Office (AIR–2), 

U.S. Environmental Protection Agency, 

Region IX, (415) 972–3963, 

ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

Table of Contents 

I. Summary of Today’s Final Action 

II. Background 

III. What comments did EPA receive on the 

proposed rule? 

IV. What actions is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Summary of Today’s Final Action 

EPA is approving several related 

actions. First, under Clean Air Act (CAA 

or ‘‘Act’’) section 110(k)(3), EPA is 

approving a maintenance plan for the 

1997 8-hour ozone standard (‘‘San Diego 

8-hour maintenance plan’’) for the San 

Diego County 1997 ozone 

nonattainment area (‘‘San Diego 8-hour 

area’’) as a revision to the California 

state implementation plan (SIP).1 The 

San Diego 8-hour maintenance plan is 

included in a document titled 

Redesignation Request and 

Maintenance Plan for the 1997 National 

Ozone Standard for San Diego County 

(December 2012) submitted by the 

California Air Resources Board (CARB) 

on December 28, 2012. 

In connection with the San Diego 8- 

hour maintenance plan, EPA finds that 

the maintenance demonstration 

showing how the area will continue to 

attain the 1997 8-hour ozone national 

ambient air quality standard (1997 

ozone NAAQS or 1997 ozone standard) 

for at least 10 years beyond 

redesignation (i.e., through 2025) and 

the contingency provisions describing 

the actions that the San Diego County 

Air Pollution Control District 

(SDCAPCD) will take in the event of a 

future monitored violation meet all 

applicable requirements for 

maintenance plans and related 

contingency provisions in CAA section 

175A. EPA is also approving the motor 

vehicle emissions budgets (MVEBs) in 

the San Diego 8-hour maintenance plan 

because we find that they meet the 

applicable transportation conformity 

requirements under 40 CFR 93.118(e). 

Second, under CAA section 

107(d)(3)(D), EPA is approving CARB’s 

request that accompanied the submittal 

of the San Diego 8-hour maintenance 

plan, that is, to redesignate the San 

Diego 8-hour area to attainment for the 

1997 ozone standard. We are doing so 

based on our conclusion that the area 

has met the five criteria for 

redesignation under CAA section 

107(d)(3)(E). Our conclusion in this 


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Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 33231 

2 Ground-level ozone is generally not emitted 

directly by sources. Rather, directly-emitted NOX

and VOC react in the presence of sunlight to form 

ground-level ozone, as a secondary pollutant, along 

with other secondary compounds. NOX and VOC 

are ‘‘ozone precursors.’’ Reduction of peak groundlevel ozone concentrations is typically achieved 

through controlling VOC and NOX emissions. 

regard is based on our determination 

that the area has attained the 1997 

ozone standard; that relevant portions of 

the California SIP are fully approved; 

that the improvement in air quality is 

due to permanent and enforceable 

reductions in emissions; that California 

has met all requirements applicable to 

the San Diego 8-hour area with respect 

to section 110 and part D of the CAA; 

and is based on our approval of the San 

Diego 8-hour maintenance plan, which 

is part of this action. 

II. Background 

On March 25, 2013 (78 FR 17902), 

EPA issued a notice of rulemaking 

proposing to approve California’s 

request to redesignate the San Diego 

County area to attainment for the 1997 

8-hour ozone standard, as well as 

proposing to approve California’s tenyear ozone maintenance plan for the 

area, and the volatile organic compound 

(VOC) and oxides of nitrogen (NOX) 

MVEBs, and VOC and NOX emission 

inventories as revisions of the California 

SIP.2 The proposed rulemaking set forth 

the basis for determining that 

California’s redesignation request meets 

the CAA requirements for redesignation 

for the 1997 8-hour ozone NAAQS. The 

proposed rulemaking provided an 

extensive background on the ozone 

standards and their relationship to 

historical air quality in San Diego 

County. The proposed rulemaking also 

described the complete, quality-assured 

air quality monitoring data for San 

Diego County for 2009–2011 showing 

that this area attained the 1997 8-hour 

ozone NAAQS. Preliminary data 

available to date for 2012 are consistent 

with continued attainment of the 1997 

8-hour ozone NAAQS. 

III. What comments did EPA receive on 

the proposed rule? 

EPA’s proposed rule provided a 30- 

day public comment period. During this 

period, we received comment letters 

from the United States Department of 

the Navy and the Industrial 

Environmental Association in support 

of EPA’s March 25, 2013, proposed rule. 

During the public comment period, we 

did not receive any comments opposing 

the proposed rule. 

IV. What actions is EPA taking? 

Under CAA section 110(k)(3), and for 

the reasons provided in the proposed 

rule and summarized herein, EPA is 

approving CARB’s submittal dated 

December 28, 2012 of the Redesignation 

Request and Maintenance Plan for the 

1997 National Ozone Standard for San 

Diego County (December 2012) as a 

revision to the California state 

implementation plan (SIP). In 

connection with the San Diego 8-hour 

maintenance plan, EPA finds that the 

maintenance demonstration showing 

how the area will continue to attain the 

1997 8-hour ozone NAAQS for 10 years 

beyond redesignation (i.e., through 

2025) and the contingency provisions 

describing the actions that SDCAPCD 

and CARB will take in the event of a 

future monitored violation meet all 

applicable requirements for 

maintenance plans and related 

contingency provisions in CAA section 

175A. EPA is approving the MVEBs in 

the San Diego 8-hour maintenance plan 

(shown in table 7 of this document) 

because we find they meet the 

applicable transportation conformity 

requirements under 40 CFR 93.118(e). 

Second, under CAA section 

107(d)(3)(D), we are approving CARB’s 

request, which accompanied the 

submittal of the maintenance plan, to 

redesignate the San Diego County 8- 

hour ozone nonattainment area to 

attainment for the 1997 8-hour ozone 

NAAQS. We are doing so based on our 

conclusion that the area has met the five 

criteria for redesignation under CAA 

section 107(d)(3)(E). Our conclusion in 

this regard is in turn based on our 

determination that the area has attained 

the 1997 ozone NAAQS; that relevant 

portions of the California SIP are fully 

approved; that the improvement in air 

quality is due to permanent and 

enforceable reductions in emissions; 

that California has met all requirements 

applicable to the San Diego 8-hour area 

with respect to section 110 and part D 

of the CAA; and is based on our 

approval of the San Diego 8-hour 

maintenance plan, which is part of this 

action. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. Redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, these 

actions merely approve a State plan and 

redesignation request as meeting federal 

requirements and do not impose 

additional requirements beyond those 

by state law. For these reasons, these 

actions: 

• Are not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. Nonetheless, in accordance 

with EPA’s 2011 Policy on Consultation 

and Coordination with Tribes, EPA has 


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33232 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 

notified Tribes located within the San 

Diego County 8-hour ozone 

nonattainment. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: May 14, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52— APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(425) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(425) A plan was submitted on 

December 28, 2012, by the Governor’s 

designee. 

(i) [Reserved] 

(ii) Additional material 

(A) San Diego County Air Pollution 

Control District (SDAPCD). 

(1) Redesignation Request and 

Maintenance Plan for the 1997 National 

Ozone Standard for San Diego County, 

including motor vehicle emissions 

budgets (MVEBs) and inventories. 

(2) SDAPCD Resolution Number 12– 

175, dated December 5, 2012. 

‘‘Resolution Adopting the Redesignation 

Request and Maintenance Plan for the 

1997 National Ozone Standard for San 

Diego County,’’ including inventories 

and motor vehicle emissions budgets for 

2020 and 2025. 

(B) State of California Air Resources 

Board (CARB) 

(1) CARB Resolution Number 12–36, 

dated December 6, 2012. ‘‘Approval of 

the San Diego 8-Hour Ozone SIP 

Redesignation Request and Maintenance 

Plan,’’ including inventories and motor 

vehicle emissions budgets for 2020 and 

2025. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 4. Section 81.305 is amended by 

revising the entry for San Diego County, 

CA in the table entitled ‘‘California— 

1997 8-Hour Ozone NAAQS (Primary 

and Secondary)’’ to read as follows: 

§ 81.305 California. 

* * * * * 

CALIFORNIA—1997 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY) 

Designated area 

Designation a Category/Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

San Diego, CA.

San Diego County (part).

That portion of San Diego County that excludes the areas listed below: La Posta Areas #1 

and #2,b Cuyapaipe Area,b

Manzanita Area,b Campo 

Areas #1 and #2b.

July 5, 2013 ............... Attainment .......................................... .............................. ..............................

La Posta Areas #1 and #2,b ....... .................................... Unclassifiable/Attainment ................... .............................. ..............................

Cuyapaipe Area,b ........................ .................................... Unclassifiable/Attainment ................... .............................. ..............................

Manzanita Area,b ................................ .................................... Unclassifiable/Attainment ................... .............................. ..............................

Campo Areas #1 and #2b .................. .................................... Unclassifiable/Attainment ................... .............................. ..............................

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

bThe boundaries for these designated areas are based on coordinates of latitude and longitude derived from EPA Region 9’s GIS database 

and are illustrated in a map entitled ‘‘Eastern San Diego County Attainment Areas for the 8-Hour Ozone NAAQS,’’ dated March 9, 2004, including an attached set of coordinates. The map and attached set of coordinates are available at EPA’s Region 9 Air Division office. The designated 

areas roughly approximate the boundaries of the reservations for these tribes, but their inclusion in this table is intended for CAA planning purposes only and is not intended to be a federal determination of the exact boundaries of the reservations. Also, the specific listing of these tribes 

in this table does not confer, deny, or withdraw Federal recognition of any of the tribes so listed nor any of the tribes not listed. 

* * * * * 

1This date is June 15, 2004, unless otherwise noted. 


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Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 33233 

1Patient Protection and Affordable Care Act; 

Establishment of Exchanges and Qualified Health 

Plans; Exchange Standards for Employers, 77 FR 

18310 (March 27, 2012) (to be codified at 45 CFR 

parts 155, 156, & 157). 2Patient Protection and Affordable Care Act; CMS 

Notice of Benefit and Payment Parameters for 2014, 

78 FR 15410 (March 11, 2013) (to be codified at 45 

CFR parts 153, 155, 156, 157, & 158). 

3Patient Protection and Affordable Care Act; 

Establishment of Exchanges and Qualified Health 

Plans; Small Business Health Options Program, 77 

FR 15553 (March 11, 2013) (to be codified at 45 CFR 

parts 155 & 156). 

4HIPAA added section 9801(f) to the Internal 

Revenue Code (the Code), section 701(f) to the 

Employee Retirement Income Security Act (ERISA), 

and section 2704(f) to the Public Health Service 

Act. 

* * * * * 

[FR Doc. 2013–13064 Filed 6–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Parts 155 and 156 

[CMS–9964–F2] 

RIN 0938–AR76 

Patient Protection and Affordable Care 

Act; Establishment of Exchanges and 

Qualified Health Plans; Small Business 

Health Options Program 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

provisions of the Patient Protection and 

Affordable Care Act and the Health Care 

and Education Reconciliation Act of 

2010 (collectively referred to as the 

Affordable Care Act) related to the 

Small Business Health Options Program 

(SHOP). Specifically, this final rule 

amends existing regulations regarding 

triggering events and special enrollment 

periods for qualified employees and 

their dependents and implements a 

transitional policy regarding employees’ 

choice of qualified health plans (QHPs) 

in the SHOP. 

DATES: These regulations are effective 

on July 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Leigha Basini at (301) 492–4307. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

Beginning in 2014, individuals and 

small businesses will be able to 

purchase private health insurance 

through competitive marketplaces, 

called Affordable Insurance Exchanges 

or ‘‘Exchanges’’ (also called Health 

Insurance Marketplaces). Section 

1311(b)(1)(B) of the Affordable Care Act 

contemplates that in each State there 

will be a SHOP that assists qualified 

employers in providing health 

insurance options for their employees. 

The final rule, Patient Protection and 

Affordable Care Act; Establishment of 

Exchanges and Qualified Health Plans; 

Exchange Standards for Employers 

(Exchange Establishment Rule),1 as 

modified by the Notice of Benefit and 

Payment Parameters for 2014,2 sets forth 

standards for the administration of 

SHOP Exchanges. In this rule, we 

finalize provisions proposed in the 

Establishment of Exchanges and 

Qualified Health Plans; Small Business 

Health Options Program Notice of 

Proposed Rule Making,3 which amends 

some of the standards established in the 

Exchange Establishment Rule. 

In the Exchange Establishment Rule, 

we established standards for special 

enrollment periods for people enrolled 

through an individual market Exchange, 

and provided that, in most instances, a 

special enrollment period is 60 days 

from the date of the triggering event. See 

45 CFR 155.420. We also made these 

provisions applicable to SHOPs, at 

§ 155.725(a)(3). In the proposed rule we 

proposed and this final rule amends, the 

special enrollment period for the SHOP 

to 30 days for most applicable triggering 

events, so that it aligns with the special 

enrollment periods for the group market 

established by the Health Insurance 

Portability and Accountability Act of 

1996 (HIPAA).4 To further align the 

SHOP provisions with HIPAA, we also 

proposed that if an employee or 

dependent becomes eligible for 

premium assistance under Medicaid or 

the Children’s Health Insurance 

Program (CHIP) or loses eligibility for 

Medicaid or CHIP, this would be a 

triggering event, and the employee or 

dependent would have a 60-day special 

enrollment period to select a QHP. This 

triggering event had previously been 

inadvertently omitted from the 

regulations because it applies only to 

group health plans and health insurance 

coverage in the group market. We also 

proposed to make a conforming change 

to § 156.285(b)(2), so that this section 

references the SHOP special enrollment 

periods in a way that is consistent with 

our proposed changes to § 155.725. 

In the Exchange Establishment Rule, 

we also set forth the minimum functions 

of a SHOP, including that the SHOP 

must allow employers the option to 

offer employees all QHPs at a level of 

coverage chosen by the employer, and 

that the SHOP may allow employers to 

offer one or more QHPs to qualified 

employees by other methods. We 

proposed and are now finalizing the 

following transitional policy. For plan 

years beginning on or after January 1, 

2014 and before January 1, 2015, a 

SHOP will not be required to permit 

qualified employers to offer their 

qualified employees a choice of QHPs at 

a single level of coverage, but will have 

the option of doing so. Federallyfacilitated SHOPs (FF–SHOPs) will not 

exercise this option, but will instead 

allow employers to choose a single QHP 

from the choices available in FF–SHOP 

to offer their qualified employees. This 

transitional policy is intended to 

provide additional time to prepare for 

an employee choice model and to 

increase the stability of the small group 

market while providing small groups 

with the benefits of SHOP in 2014 (such 

as a choice among competing QHPs and 

access for qualifying small employers to 

the small business health care tax 

credit). We also proposed changes to the 

effective date of the SHOP premium 

aggregation function set forth at 

§ 155.705(b)(4) in the Exchange 

Establishment Rule consistent with this 

transitional policy, which we are 

finalizing in this rule. 

II. Background 

A. Legislative Overview 

Section 1311(b) of the Affordable Care 

Act establishes that there will be a 

SHOP in each State to assist qualified 

small employers in providing health 

insurance options to their employees. 

Section 1311(c)(6) of the Affordable 

Care Act sets forth that the Secretary of 

Health and Human Services (HHS) shall 

direct Exchanges to provide for special 

enrollment periods. Section 155.420 of 

the Exchange Establishment Rule 

established special enrollment periods 

for the individual market, and 

§ 155.725(a)(3) established them for the 

SHOP. 

Section 1312(a)(2) of the Affordable 

Care Act provides that qualified 

employers may offer qualified 

employees a choice among all QHPs at 

a level of coverage chosen by the 

employer. Section 1312(f)(2)(A) defines 

a qualified employer as a small 

employer that elects to make all fulltime employees of such employer 

eligible for one or more QHPs offered in 

the small group market through an 

Exchange that offers QHPs. The 

Exchange Establishment Rule set forth 

standards for the SHOP and 

implemented section 1312 at 45 CFR, 

part 155, subpart H. 

B. Stakeholder Consultation and Input 

HHS has consulted with a wide range 

of interested stakeholders on policy 

matters related to the SHOP, including 

through regular conversations with the 


wreier-aviles on DSK5TPTVN1PROD with RULES