[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67964-67966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21711]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3195

[BLM_HQ_FRN_MO4500172196]
RIN 1004-AE93


Helium Contracts

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: The Helium Stewardship Act of 2013 (HSA) required the Bureau 
of Land Management (BLM) to sell the Federal Helium System (FHS) and 
end the Federal Helium In-Kind Program. Accordingly, on September 24, 
2021, the BLM declared the FHS as excess to the General Services 
Administration (GSA), and on September 30, 2022, ceased operation of 
the Federal Helium In-Kind Program. This final rule removes the Federal 
Helium In-Kind Program's associated provisions from the BLM's 
regulations.

DATES: This final rule is effective on October 3, 2023.

ADDRESSES: You may send inquiries or suggestions to Director (630), 
Bureau of Land Management, 1849 C St. NW, Room 5646, Washington, DC 
20240; Attention: RIN 1004-AE93.

[[Page 67965]]


FOR FURTHER INFORMATION CONTACT: Amy Hay, Division Chief, Division of 
Business Resources, 303-236-6629, <a href="/cdn-cgi/l/email-protection#98f9f0f9e1d8faf4f5b6fff7ee"><span class="__cf_email__" data-cfemail="77161f160e37151b1a59101801">[email protected]</span></a>; or Faith Bremner, 
Regulatory Analyst, Division of Regulatory Affairs, <a href="/cdn-cgi/l/email-protection#f492968691999a9186b4969899da939b82"><span class="__cf_email__" data-cfemail="32545040575f5c574072505e5f1c555d44">[email protected]</span></a>. 
Individuals in the United States who are deaf, blind, hard of hearing, 
or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to 
access telecommunications relay services for contacting Ms. Hay. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

SUPPLEMENTARY INFORMATION: 

I. Background

    The BLM operates and maintains the FHS, which includes a helium 
storage reservoir, enrichment plant, pipeline system, and related 
infrastructure near Amarillo, Texas. The BLM will continue to operate 
the system until the sale is completed. Crude helium is extracted from 
the storage reservoir and transported to private helium refineries in 
Oklahoma and Kansas through the Federal Helium Pipeline. These refiners 
process the crude helium gas into refined liquid helium that is 
transported via tanker truck for use by private industry and Federal 
users. Helium is important for scientific research and medical imaging 
devices and is used by the Department of Defense (DoD), the National 
Aeronautics and Space Administration (NASA), and the Department of 
Homeland Security, among others. Over the past 3 years, the FHS 
provided roughly 14 percent of the domestic helium supply.
    The BLM's regulations at 43 CFR part 3195, entitled ``Helium 
Contracts,'' implemented the requirements of the Helium Privatization 
Act of 1996 to establish the BLM's Federal Helium In-Kind Program (Pub. 
L. 104-273, amended by the HSA, codified at 50 U.S.C. 167 (2013)). The 
BLM issued the regulations on July 28, 1998, establishing procedures 
for the BLM's Federal Helium In-Kind Program and defining the 
obligations of Federal helium suppliers and users. See 63 FR 40175. 
Under the BLM's Federal Helium 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 FHS.
    Congress later enacted the HSA (Pub. L. 113-40), which amended the 
Helium Privatization Act and required the Secretary of the Interior to 
dispose of the FHS. The Act continued the Federal Helium In-Kind 
Program until the disposal of the FHS.
    The Department of the Interior and the BLM have complied with the 
requirements of the HSA. In April 2020, the BLM announced the disposal 
process for the FHS and explained that the Federal Helium In-Kind 
Program would end on September 30, 2022. The BLM has turned the FHS 
over to the GSA so that the GSA can sell the FHS. The BLM ended the 
Federal Helium In-Kind Program on September 30, 2022, in preparation 
for the sale. Since that time, Federal users have been procuring helium 
on the open market.
    The GSA has modified the Federal Acquisition Regulation to comply 
with the HSA. On September 19, 2022, the GSA, DoD, and NASA published a 
proposed rule that would remove the requirements for government 
contractors to purchase helium from the Federal Government through the 
Federal Helium In-Kind Program. See 87 FR 57166. On April 26, 2023, the 
GSA, DoD, and NASA published the final rule. See 88 FR 25474.

II. Discussion of Final Rule

    This final rule is an administrative action that simply removes 43 
CFR part 3195 from the BLM's regulations in its entirety. These 
regulations are no longer in effect due to the pending sale of the FHS 
as required by the HSA. This action will implement Federal law. The BLM 
does not have the discretion to continue operating the in-kind program. 
Therefore, the Department of the Interior for good cause finds under 5 
U.S.C. 533(b)(B) and (d)(3) that notice and public comment procedures 
are unnecessary.

Procedural Matters

Regulatory Planning and Review (E.O. 12866, E.O. 14094, E.O. 13563)

    This document is not a significant rule, and the Office of 
Management and Budget (OMB) has not reviewed this final rule under 
Executive Order (E.O.) 12866. The BLM has determined that this final 
rule will not have an annual effect on the economy of $200 million or 
more. It will not adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or Tribal 
governments or communities. This final rule simply removes the Federal 
Helium In-Kind Program regulations from the Code of Federal Regulations 
(CFR). These regulations are no longer in effect, due to the pending 
sale of the FHS, as required by the HSA.
    This final rule will not create inconsistencies or otherwise 
interfere with an action taken or planned by another agency. In 
addition, this final rule does not materially affect the budgetary 
impact of entitlements, grants, or loan programs, or the rights and 
obligations of their recipients. Finally, this final rule does not 
raise novel legal or policy issues. As explained earlier, the final 
rule removes regulations from the CFR that are no longer in effect.

Regulatory Flexibility Act

    This final rule will not have a significant economic effect on a 
substantial number of small entities as defined under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). As a result, a Regulatory 
Flexibility Analysis is not required. The final rule will not affect 
small entities in any material way, because this final rule simply 
removes regulations from the CFR that are no longer in effect.

Congressional Review Act

    This final rule is not a ``major rule'' as defined at 5 U.S.C. 
804(2). The final rule will not have an annual effect on the economy 
greater than $100 million; it will not result in major cost or price 
increases for consumers, industries, government agencies, or regions; 
and it will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. 
Accordingly, a Small Entity Compliance Guide is not required.

Federalism (E.O. 13132)

    This final rule will not have a substantial direct effect on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. In accordance with E.O. 13132, the BLM 
therefore finds that the final rule does not have federalism 
implications, and a federalism assessment is not required.

The Paperwork Reduction Act of 1995

    The Paperwork Reduction Act (44 U.S.C. 3501-3521) generally 
provides that an agency may not conduct or sponsor and, notwithstanding 
any other provision of law, a person is not required to respond to a 
collection of information, unless it displays a currently valid OMB 
control number. Collections of information include any request or 
requirement that persons obtain, maintain, retain, or report 
information to an agency, or disclose information to a third party or 
to the

[[Page 67966]]

public (44 U.S.C. 3502(3) and 5 CFR 1320.3(c)).
    OMB has generally approved the information collection requirements 
contained in 43 CFR part 3195 under OMB control number 1004-0179. Since 
this final rule removes 43 CFR part 3195 in its entirety, including all 
information collection requirements contained therein, the BLM has 
requested that OMB discontinue that OMB control number, along with the 
associated public paperwork burdens. This action also results in 
discontinuing the following BLM form numbers: 3195-1; 3195-2; 3195-3; 
and 3195-4. Discontinuing OMB control number 1004-0179 results in 
reducing the BLM's information collection burdens by 94 annual 
responses and 642 annual burden hours.

Takings Implication Assessment (E.O. 12630)

    As required by E.O. 12630, the BLM has determined that this final 
rule will not cause a taking of private property. The BLM therefore 
certifies that this final rule does not represent a governmental action 
capable of interference with constitutionally protected property 
rights.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the BLM finds that this final rule 
will not unduly burden the judicial system and meets the requirements 
of sections 3(a) and 3(b)(2) of the Executive Order.

The National Environmental Policy Act (NEPA)

    The BLM has determined that this final rule qualifies as an 
administrative, housekeeping action that is categorically excluded from 
environmental review under NEPA pursuant to 43 CFR 46.205 and 
46.210(i). The final rule does not meet any of the 12 criteria for 
exceptions to categorical exclusions listed at 43 CFR 46.215. 
Therefore, neither an environmental assessment nor an environmental 
impact statement is required in connection with the rule (40 CFR 
1501.3).

The Unfunded Mandates Reform Act of 1995

    The BLM has determined that this final rule is not significant 
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., 
because it will not result in State, local, private sector, or Tribal 
government expenditures of $100 million or more in any one year, 2 
U.S.C. 1532. This rule will not significantly or uniquely affect small 
governments. Therefore, the BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform 
Act.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175)

    In accordance with E.O. 13175, the BLM has determined that this 
final rule does not include policies that have Tribal implications. 
Specifically, the rule will not have substantial direct effects on one 
or more Indian Tribes. Consequently, the BLM did not use the 
consultation process set forth in section 5 of the Executive Order.

Information Quality Act

    In developing this final rule, the BLM did not conduct or use a 
study, experiment, or survey requiring peer review under the 
Information Quality Act (Pub. L. 106-554).

Effects on the Nation's Energy Supply (E.O. 13211)

    In accordance with E.O. 13211, the BLM has determined that this 
final rule will not have a significant adverse effect on the supply, 
distribution, or use of energy. The final rule removes regulations from 
the CFR that are no longer in effect.

Delegation of Signing Authority

    The action taken herein is pursuant to an existing delegation of 
authority.

List of Subjects

    Government contracts, Helium, Mineral royalties, Oil and gas 
exploration, Public lands--mineral resources, Reporting and 
recordkeeping requirements, and Surety bonds.

Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.

    Under the authority of 5 U.S.C. 301, 50 U.S.C. 167, and for the 
reasons stated in the preamble, 43 CFR Chapter II is amended as 
follows:

PART 3195--[REMOVED]

0
1. Remove part 3195.

[FR Doc. 2023-21711 Filed 10-2-23; 8:45 am]
BILLING CODE 4331-31-P


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