Proposed Rule2022-19642
Federal Acquisition Regulation: Removal of FAR Subpart 8.5, Acquisition of Helium
Primary source
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Published
September 19, 2022
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement the statutory expiration of the Federal Helium System in accordance with the Helium Stewardship Act of 2013.
Full Text
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<title>Federal Register, Volume 87 Issue 180 (Monday, September 19, 2022)</title>
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[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Proposed Rules]
[Pages 57166-57167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19642]
[[Page 57166]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 8, 51, and 52
[FAR Case 2022-007; Docket No. FAR-2022-0004, Sequence No. 1]
RIN 9000-AO44
Federal Acquisition Regulation: Removal of FAR Subpart 8.5,
Acquisition of Helium
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement the statutory expiration of
the Federal Helium System in accordance with the Helium Stewardship Act
of 2013.
DATES: Interested parties should submit comments to the Regulatory
Secretariat Division at the address shown below on or before November
18, 2022 to be considered in the formulation of a final rule.
ADDRESSES: Submit comments in response to FAR Case 2022-007 to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Submit comments via the Federal eRulemaking portal
by searching for ``FAR Case 2022-007''. Select the link ``Comment Now''
that corresponds with ``FAR Case 2022-007.'' Follow the instructions
provided on the screen. Please include your name, company name (if
any), and ``FAR Case 2022-007'' on your attached document. If your
comment cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or
email the points of contact in the FOR FURTHER INFORMATION CONTACT
section of this document for alternate instructions.
Instructions: Please submit comments only and cite ``FAR Case 2022-
007'' in all correspondence related to this case. All comments received
will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including
any personal and/or business confidential information provided. To
confirm receipt of your comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement
Analyst, at 202-208-4949 or by email at <a href="/cdn-cgi/l/email-protection#5b363238333a3e373475313a38302834351b3c283a753c342d"><span class="__cf_email__" data-cfemail="e78a8e848f86828b88c98d86848c948889a7809486c9808891">[email protected]</span></a> for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#95d2c6d4c7f0f2c6f0f6d5f2e6f4bbf2fae3"><span class="__cf_email__" data-cfemail="aee9fdeffccbc9fdcbcdeec9ddcf80c9c1d8">[email protected]</span></a>. Please cite FAR Case 2022-007.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to amend the FAR to implement the
final disposition of the Federal Helium System in accordance with the
Helium Stewardship Act of 2013 (Pub. L. 113-40), which required the
disposal of the Federal Helium System by September 30, 2021. The Act
required the Department of the Interior (DOI), through the Director of
the Bureau of Land Management (BLM), to begin offering helium for
auction or sale on an annual basis. Under the Federal In-Kind Program,
Federal agencies are required to purchase all of their refined helium
from private suppliers who, in turn, are required to purchase an
equivalent amount of crude helium from the Federal Helium Reserve.
On April 16, 2020, the BLM announced the process and timeline for
disposal of the remaining helium and helium assets to meet the
September 30, 2021, statutory deadline. Excess helium and helium assets
remaining after September 30, 2021, were transferred to GSA, in
accordance with the statutory disposal process. Federal In-Kind users
have access to helium until September 30, 2022, while GSA completes the
disposal process; afterward, Federal In-Kind users will be required to
seek new sources of helium on the open market.
DoD, GSA, and NASA understand that DOI plans to remove the Federal
Helium Program requirements from 43 CFR part 3195.
II. Discussion and Analysis
This rule proposes to delete FAR subpart 8.5, Acquisition of
Helium, and the contract clause at FAR 52.208-8, Required Sources for
Helium and Helium Usage Data, in their entirety. The direction is no
longer needed in the FAR because the Government's operation of the
Federal Helium System ended as of September 30, 2021, and access to the
Federal In-Kind Program will end on September 30, 2022. As a result,
Federal agencies will be able to procure helium on the open market.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), or for Commercial Services
This rule removes FAR clause 52.208-8, Required Sources for Helium
and Helium Usage Data; FAR subpart 8.5, Acquisition of Helium; and
other associated language in FAR parts 1, 8, and 51. This rule does not
impose any new requirements on contracts at or below the simplified
acquisition threshold, for commercial products including commercially
available off-the-shelf items, or for commercial services.
IV. Expected Impact of the Rule
This proposed rule is not expected to have a significant impact on
the Government or industry because the operation of the Federal Helium
Reserve ceased on September 30, 2021, and agencies were notified that
the Federal In-Kind Program would end on September 30, 2022. Agencies
will be able to procure helium on the open market as they do for other
requirements.
V. 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 rule is not anticipated to be 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.
VI. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD, GSA, and NASA will
send the rule and the ``Submission of Federal Rules Under the
Congressional Review Act'' form to each House of the Congress and to
the Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register.
This rule is not anticipated to be a major rule under 5 U.S.C. 804.
[[Page 57167]]
VII. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612, because
the rule removes the procedures and reporting requirements for the
procurement of helium. However, an Initial Regulatory Flexibility
Analysis (IRFA) has been performed and is summarized as follows:
DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement the statutory expiration
of the Federal Helium System in accordance with the Helium
Stewardship Act of 2013 (Pub. L. 113-40). The Helium Stewardship Act
required the disposal of the Federal Helium System by September 30,
2021. The Federal In-Kind Program will end a year later, on
September 30, 2022. The Department of the Interior, Bureau of Land
Management, announced on April 16, 2020, the process and timeline
for disposal of the remaining helium and helium assets.
The objective of the rule is to remove the Federal Helium System
requirements from the FAR to comply with the statutory direction.
The legal basis for the rule is the Helium Stewardship Act of 2013.
This rule applies to all solicitations and contracts for the
procurement of helium. The rule removes all of the procedures and
reporting requirements associated with helium procurements currently
in the FAR. The rule is not expected to impact a significant number
of entities.
According to data from the Bureau of Land Management, there were
approximately 7 remaining entities participating in the Federal In-
Kind Program in calendar year 2020. Data obtained from the System
for Award Management as of June 14, 2022, indicates that none of
those 7 entities are small.
The proposed rule does not include any new reporting,
recordkeeping, or other compliance requirements for small entities.
Rather, this rule removes current reporting and compliance
requirements for small entities.
DoD, GSA, and NASA understand that DOI plans to remove the
Federal Helium Program requirements from 43 CFR part 3195.
There are no available alternatives to the proposed rule to
accomplish the desired objective.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. DoD, GSA, and NASA invite comments from small
business concerns and other interested parties on the expected impact
of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2022-007),
in correspondence.
VIII. Paperwork Reduction Act
This rule removes the information collection requirements
associated with the clause at FAR 52.208-8, Required Sources for Helium
and Helium Usage Data, currently approved under OMB Control Number
9000-0113, entitled ``Acquisition of Helium''. Accordingly, GSA
submitted, and OMB approved, the following reduction of the annual
reporting burden and OMB inventory of hours under OMB Control Number
9000-0113 as follows:
Respondents: 26.
Responses per respondent: 1.
Total annual responses: 26.
Hours per response: 1.
Total response burden hours: 26.
List of Subjects in 48 CFR Parts 1, 8, 51, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 8,
51, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 8, 51, and 52 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
0
2. In section 1.106 amend the table by removing FAR segment ``8.5'' and
the corresponding OMB Control Number ``9000-0113''.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.003 [Amended]
0
3. Amend section 8.003 by removing paragraph (e).
Subpart 8.5 [Removed and Reserved]
0
4. Remove and reserve subpart 8.5, consisting of sections 8.500 through
8.505.
PART 51--USE OF GOVERNMENT SOURCES BY CONTRACTORS
51.102 [Amended]
0
5. Amend section 51.102 by--
0
a. Removing from the end of paragraph (c)(3) ``20420;'' and adding
``20420; or'' in its place;
0
b. Removing paragraph (c)(4);
0
c. Redesignating paragraph (c)(5) as paragraph (c)(4);
0
d. Removing from the newly redesignated paragraph (c)(4) the words
``(1) through(4) above'' and adding the words ``paragraphs (c)(1)
through (3) of this section'' in its place;
0
e. Removing from the end of paragraph (e)(3)(i) the word ``DoD;'' and
adding the words ``DoD; and'' in its place;
0
f. Removing from the end of paragraph (e)(3)(ii) the word ``and''; and
0
g. Removing paragraph (e)(3)(iii).
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.208-8 [Removed and Reserved]
0
6. Remove and reserve section 52.208-8.
[FR Doc. 2022-19642 Filed 9-16-22; 8:45 am]
BILLING CODE 6820-EP-P
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