[Federal Register Volume 66, Number 8 (Thursday, January 11, 2001)]
[Proposed Rules]
[Pages 2752-2753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-652]



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Part VI





Department of Defense

General Services Administration





National Aeronautics and Space Administration





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48 CFR Parts 8 and 52



Federal Acquisition Regulation; Acquisition of Helium; Proposed Rule

  Federal Register / Vol. 66, No. 8 / Thursday, January 11, 2001 / 
Proposed Rules  

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 8 and 52

[FAR Case 2000-008]
RIN: 9000-AJ09


Federal Acquisition Regulation; Acquisition of Helium

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to implement the Helium 
Privatization Act of 1996 and associated changes to the U.S. Department 
of the Interior's regulations regarding its helium program.

DATES: Interested parties should submit comments in writing on or 
before March 12, 2001 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to: General Services Administration, 
FAR Secretariat (MVR), 1800 F Street, NW, Room 4035, ATTN: Laurie 
Duarte, Washington, DC 20405.
    Submit electronic comments via the Internet to: [email protected]
    Please submit comments only and cite FAR case 2000-008 in all 
correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAR case 2000-008.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule revises FAR subpart 8.5 and the clause at 
52.208-8 to implement the U.S. Department of the Interior's final rule 
regarding helium contracts that was published in the Federal Register 
at 63 FR 66760, December 3, 1998.
    The proposed rule--
     Requires agencies and their contractors and subcontractors 
to purchase major helium requirements from Federal helium suppliers;
     Changes the definitions;
     Eliminates the requirement for certain contractors and 
subcontractors to submit helium forecasts; and
     Establishes the requirement that contractors and 
subcontractors under contracts with a major helium requirement must 
report purchases of helium from Federal helium suppliers.

The rule is written using plain language in accordance with the White 
House memorandum, Plain Language in Government Writing, dated June 1, 
1999.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this proposed 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, et seq., 
because the rule eliminates the information requirement for submitting 
helium forecasts and replaces it with a similar information requirement 
to report helium purchases. We estimate that the net change is zero. An 
Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. We invite comments from small businesses and other 
interested parties. The Councils will consider comments from small 
entities concerning the affected FAR parts 8 and 52 in accordance with 
5 U.S.C. 610. Interested parties must submit such comments separately 
and should cite 5 U.S.C. 601, et seq. (FAR case 2000-008), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, the proposed 
changes to the FAR do not materially change existing information 
collection requirements under OMB Control Number 9000-0113, which was 
previously approved by the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR parts 8 and 52

    Government procurement.

    Dated: January 4, 2001.
Al Matera,
Acting Director, Federal Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA propose that 48 CFR parts 8 and 52 be 
amended as set forth below:
    1. The authority citation for 48 CFR parts 8 and 52 continues to 
read as follows:


    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES


Sec. 8.500  [Amended]

    2. Amend section 8.500 by removing ``30 CFR Parts 601 and 602'' and 
add ``43 CFR part 3195'' in its place.
    3. Amend section 8.501 as follows:
    (a) Remove the definitions ``Bureau helium'' and ``Helium 
requirement forecast'';
    (b) Amend the definition ``Bureau of Land Management'' by removing 
``Field'' and after the word ``Street'' adding `` Suite 500'';
    (c) Add the definition ``Federal helium supplier''; and
    (d) Revise the definition ``Major helium requirement''; The added 
and revised text reads as follows:


8.501  Definitions.

* * * * *
    Federal helium supplier means a private helium vendor that has an 
in-kind crude helium sales contract with the Bureau of Land Management 
(BLM) and that is on the BLM Amarillo Field Office's Authorized List of 
Federal Helium Suppliers available via the Internet at http://www.nm.blm.gov/www/amfo/amfo_home.html.
    Major helium requirement means an estimated refined helium 
requirement greater than 200,000 standard cubic feet (scf) (measured at 
14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit 
temperature) of gaseous helium or 7510 liters of liquid helium 
delivered to a helium use location per year.
    4. Revise section 8.502 to read as follows:


8.502  Policy.

    Agencies and their contractors and subcontractors must purchase 
major helium requirements from Federal helium suppliers, to the extent 
that supplies are available.
    5. Revise sections 8.504 and 8.505 to read as follows:


8.504  Procedures.

    The contracting officer must forward the following information to 
the Bureau

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of Land Management within 45 days of the close of each fiscal quarter--
    (a) The name of any company that supplied a major helium 
requirement;
    (b) The amount of helium purchased;
    (c) The delivery date(s); and
    (d) The location where the helium was used.


8.505  Contract clause.

    Insert the clause at 52.208-8, Required Sources for Helium and 
Helium Usage Data, in solicitations and contracts if it is anticipated 
that performance of the contract involves a major helium requirement.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    6. Revise section 52.208-8 to read as follows:


52.208-8  Required Sources for Helium and Helium Usage Data.

    As prescribed in 8.505, insert the following clause:

Required Sources for Helium and Helium Usage Data (Date)

    (a) Definitions. As used in this clause--
    Bureau of Land Management means the-- Department of the 
Interior, Bureau of Land Management, Helium Operations 801 South 
Fillmore Street, Suite 500, Amarillo, TX 79101-3545.
    Federal helium supplier means a private helium vendor that has 
an in-kind crude helium sales contract with the Bureau of Land 
Management (BLM) and that is on the BLM Amarillo Field Offices 
Authorized List of Federal Helium Suppliers available via the 
Internet at http://www.nm.blm.gov/www/amfo/amfo_home.html.
    Major helium requirement means an estimated refined helium 
requirement greater than 200,000 standard cubic feet (scf) (measured 
at 14.7 pounds per square inch absolute pressure and 70 degrees 
Fahrenheit temperature) of gaseous helium or 7510 liters of liquid 
helium delivered to a helium use location per year.
    (b) Requirements--(1) Contractors must purchase major helium 
requirements from Federal helium suppliers, to the extent that 
supplies are available.
    (2) The Contractor shall provide to the Contracting Officer the 
following data within 10 days after the Contractor or subcontractor 
receives a delivery of helium from a Federal helium supplier--
    (i) The name of the supplier;
    (ii) The amount of helium purchased;
    (iii) The delivery date(s); and
    (iv) The location where the helium was used.
    (c) Subcontracts. The Contractor shall insert this clause, 
including this paragraph (c), in any subcontract or order that 
involves a major helium requirement. (End of clause)

[FR Doc. 01-652 Filed 1-10-01; 8:45 am]
BILLING CODE 6820-EP-U