Federal Acquisition Regulation: Removal of FAR Subpart 8.5, Acquisition of Helium, 57166-57167 [2022-19642]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[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 [www.gpo.gov]
[FR Doc No: 2022-19642]



[[Page 57166]]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 https://www.regulations.gov. 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 https://www.regulations.gov, 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 https://www.regulations.gov, including 
any personal and/or business confidential information provided. To 
confirm receipt of your comment(s), please check https://www.regulations.gov, 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 [email protected] for 
clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. 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