Rule2023-08197
Federal Acquisition Regulation: Removal of FAR Subpart 8.5, Acquisition of Helium
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 26, 2023
Effective
May 26, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA are issuing a final rule amending 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 88 Issue 80 (Wednesday, April 26, 2023)</title>
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[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Rules and Regulations]
[Pages 25474-25476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08197]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 8, 51, and 52
[FAC 2023-03; FAR Case 2022-007; Item I; 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).
[[Page 25475]]
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending 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: Effective May 26, 2023.
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#64090d070c0501080b4a0e05070f170b0a240317054a030b12"><span class="__cf_email__" data-cfemail="90fdf9f3f8f1f5fcffbefaf1f3fbe3fffed0f7e3f1bef7ffe6">[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#6b2c382a390e0c380e082b0c180a450c041d"><span class="__cf_email__" data-cfemail="74332735261113271117341307155a131b02">[email protected]</span></a>. Please cite FAC 2023-03, FAR Case
2022-007.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule at 87 FR 57166 on
September 19, 2022, 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 were required to
purchase all of their refined helium from private suppliers who, in
turn, were 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
were provided access to helium until September 30, 2022, while GSA
completed the disposal process. Federal In-Kind users are now required
to seek new sources of helium on the open market.
II. Discussion and Analysis
There were no public comments submitted in response to the proposed
rule, and no changes were made to the final rule.
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 final 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. The final 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 final 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
now have 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 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. The
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget has determined that this is not a major rule
under 5 U.S.C. 804.
VII. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601-612. The FRFA is summarized as follows:
This rule implements 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 ended a year later, on September 30, 2022.
The objective of the rule is to remove the Federal Helium System
requirements from the FAR to comply with the statutory direction.
There were no significant issues raised by the public in
response to the initial regulatory flexibility analysis provided in
the proposed rule.
This rule applies to all solicitations and contracts for the
procurement of helium. The final rule removes all of the procedures
and reporting requirements associated with helium procurements
currently in the FAR. Procurements for helium shall be conducted
using the most appropriate methods 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 seven 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 of those
seven entities, there are no small entities participating in the
Federal In-Kind Program.
This final 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.
There are no known significant alternative approaches to the
final rule.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat Division. The Regulatory Secretariat Division
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of
the Small Business Administration.
VIII. Paperwork Reduction Act
The Helium Stewardship Act of 2013 (Pub. L. 113-40) required the
disposal of the Federal Helium System by September 30, 2021. The
operation of the Federal Helium Reserve has ended, and agencies now
procure helium on the open market as they do for other requirements.
OMB Control Number 9000-0113, Acquisition of Helium, was discontinued.
Therefore, this rule does not contain information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Action (44 U.S.C. 3501-3521).
[[Page 25476]]
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 amend 48 CFR parts 1, 8, 51, and 52
as set forth below:
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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 4 and 10 U.S.C.
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C.
20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
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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]
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3. Amend section 8.003 by removing paragraph (e).
Subpart 8.5 [Removed and Reserved]
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4. Remove and reserve subpart 8.5, consisting of sections 8.500 through
8.505.
PART 51--USE OF GOVERNMENT SOURCES BY CONTRACTORS
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5. Amend section 51.102 by--
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a. Removing from the end of paragraph (c)(3) ``20420;'' and adding
``20420; or'' in its place;
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b. Removing paragraph (c)(4);
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c. Redesignating paragraph (c)(5) as paragraph (c)(4);
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d. Removing from the newly redesignated paragraph (c)(4) the words
``(1) through (4) above'' and adding the phrase ``paragraphs (c)(1)
through (c)(3) of this section'' in its place;
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e. Removing from the end of paragraph (e)(3)(i) the word ``DoD;'' and
adding ``DoD; and'' in its place;
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f. Removing from the end of paragraph (e)(3)(ii) the word ``and''; and
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g. Removing paragraph (e)(3)(iii).
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.208-8 [Removed and Reserved]
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6. Remove and reserve section 52.208-8.
[FR Doc. 2023-08197 Filed 4-25-23; 8:45 am]
BILLING CODE 6820-EP-P
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</html>Indexed from Federal Register on April 26, 2023.
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