Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 /Rules and Regulations 40175

Burlington, MA 01803–5299; telephone

(781) 238–7523; fax (781) 238–7596.

SUPPLEMENTARY INFORMATION: A new

Standard Instrument Approach

Procedure (SIAP) to William H. Morse

State Airport, Bennington, VT, the GPS

RWY 13 approach, requires additional

controlled airspace in the vicinity of

Bennington, VT, extending upward from

700 feet above the surface. This action

will redefine the Bennington, VT, Class

E airspace area by increasing the basic

radius from 2.5 miles to 8.7 miles, and

defining a new extension west of the

Morse State Airport. This action is

needed to provide adequate controlled

airspace for those aircraft using the new

GPS RWY 13 instrument approach.

Class E airspace designations for

airspace areas extending upward from

700 feet above the surface of the earth

are published in paragraph 6500 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designation listed in this document will

be published subsequently in this

Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment, and, therefore, issues

it as a direct final rule. The FAA has

determined that this regulation only

involves an established body of

technical regulations for which frequent

and routine amendments are necessary

to keep them operationally current.

Unless a written adverse or negative

comment, or a written notice of intent

to submit an adverse or negative

comment is received within the

comment period, the regulation will

become effective on the date specified

above. After the close of the comment

period, the FAA will publish a

document in the Federal Register

indicating that no adverse or negative

comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a direct final rule, and was not preceded

by a notice of proposed rulemaking,

interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

Number and be submitted in triplicate

to the address specified under the

caption ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action would be needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–ANE–94.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that this

regulation (1) is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under Department of

Transportation (DOT) Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979); and (3) does not

warrant preparation of a Regulatory

Evaluation as these routine matters will

only affect air traffic procedures and air

navigation. It is certified that these

proposed rules will not have significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration amends part 71

of the Federal Aviation Regulations (14

CFR part 71) as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet or More

Above the Surface of the Earth

* * * * *

ANE VT E5 Bennington, VT [Revised]

William H. Morse State Airport, VT

(Lat. 42°53′29′′ N, long. 73°14′47′′ W)

That airspace extending upward from 700

feet above the surface within a 8.7-mile

radius of the William H. Morse State Airport,

and within 3.3 miles on each side of the

William H. Morse State Airport 298° bearing

extending from the 8.7-mile radius to 12.2

miles west of William H. Morse State Airport.

* * * * *

Issued in Burlington, MA, on July 21, 1998.

William C. Yuknewicz,

Assistant Manager, Air Traffic Division, New

England Region.

[FR Doc. 98–20113 Filed 7–27–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

30 CFR Part 602; 43 CFR Part 3195

[WO–130–1820–00–24 1A]

RIN 1004–AD24

Helium Contracts

AGENCY: Bureau of Land Management,

Interior.

ACTION: Interim rule with request for

comments.
40176 Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 /Rules and Regulations

SUMMARY: The Bureau of Land

Management (BLM) is issuing an

interim rule to implement the

requirements of the Helium

Privatization Act of 1996. This rule

establishes the procedures of the helium

program and defines the obligations of

Federal helium suppliers and Federal

helium users. Also, this interim rule

removes the Bureau of Mines

regulations governing helium

distribution contracts because this

responsibility is now under BLM’s

jurisdiction.

DATES: This rule is effective on July 28,

1998. Written comments must be

received on or before August 27, 1998.

ADDRESSES: Comments: If you wish to

comment, you may submit your

comments by any one of several

methods. You may mail comments to

Bureau of Land Management,

Administrative Record, Room 401LS,

1849 C Street, NW, Washington, DC

20240. You may also comment via the

Internet to WOComment@wo.blm.gov.

Finally, you may hand-deliver

comments to BLM at 1620 L Street, NW,

Room 401, Washington, DC. See

SUPPLEMENTARY INFORMATION for more

detail on comment procedures.

FOR FURTHER INFORMATION CONTACT:

Shirlean Beshir, Regulatory Affairs

Group (WO–630), Bureau of Land

Management, Mail Stop 401LS, 1849

‘‘C’’ Street, NW, Washington, DC 20240;

telephone (202) 452–5033 (Commercial

or FTS) and Timothy R. Spisak, (806)

324–2602 (Commercial or FTS).

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–8339

between 8:00 a.m. and 8:00 p.m.,

Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Why Is BLM Issuing These Regulations?

BLM is issuing these regulations to

implement the requirements of the

Helium Privatization Act of 1996, Public

Law 104–273 (the Act), and to remove

the Bureau of Mines regulations at 30

CFR 602 governing helium distribution

contracts because this responsibility is

now under BLM’s jurisdiction. BLM is

adding these interim regulations as a

new Part 3195 to BLM’s oil and gas

regulations.

What Are the Primary Requirements of

the Helium Privatization Act?

The Act primarily requires that:

• BLM discontinue producing,

marketing, and selling refined helium. • Persons who supply a major helium

requirement to Federal agencies must

contract with BLM to purchase an

equivalent amount of crude helium from

BLM. • BLM use a legislatively mandated

formula for determining the minimum

price for crude helium. ′

How Does the Helium Privatization Act

Set the Price for Helium?

The Act uses a formula by which

income from crude helium sales is to

repay the sizeable debt the Federal

Helium Program owes to the United

States Treasury.

Who Administers the Federal Helium

Program?

The Federal Helium Program is

administered by the Department of the

Interior, Bureau of Land Management,

Helium Operations, which is

responsible for the production,

conservation, sale, and distribution of

helium. Helium Operations was

transferred from the Bureau of Mines

(BOM) to BLM in 1996 by the Secretary

of the Interior when BOM was

abolished. Unlike many other BLM

programs, this program does not deal

with lands or minerals issues in their

traditional sense. The Helium

Operations Headquarters in Amarillo,

Texas, provides management,

engineering, and support services for

Federal facilities and pipelines in Texas,

Oklahoma, and Kansas, regardless of

whether or not the helium involved is

produced from Federal lands.

How Is the Federal Helium Program

Financed?

The Federal Helium Program is

financed by income from the sale,

storage, and analysis of helium, and not

by appropriations from Congress. Any

income in excess of that needed for

operations is turned over to the

Treasury. Over the last 3 years, an

average of about $8 million per year has

been returned to the Treasury.

From Whom Must Federal Agencies

Purchase Their Major Helium

Requirements?

The Department of Defense,

Department of Energy, National

Aeronautics and Space Administration,

other Federal agencies and their

contractors must purchase their major

helium requirements from ‘‘Federal

helium suppliers.’’ Federal helium

suppliers are persons who have entered

into contracts to purchase from BLM an

amount of crude helium equivalent to

the amount of refined helium supplied

to a Federal agency. These contracts are

called In-Kind Crude Helium Sales

Contracts. This interim rule establishes

procedures governing the sale of crude

helium to Federal agencies with major

helium requirements. The In-Kind

Crude Helium Sales Contracts establish

additional terms of the relationship and

responsibilities of Federal helium

buyers, Federal helium suppliers, and

BLM.

What Are the Major Differences

Between the Old BOM Regulations and

These Regulations?

Old BOM regulations These regulations

The price of the helium was not set by regulation. Refined helium sales

prices were set by BOM.

The minimum crude helium price is mandated in the Act and includes

BLM’s cost to administer crude helium sales.

The helium contract language was in the regulations ............................. The contract language is not in the new regulations, so that BLM will

be able to revise the contract language when it is necessary, without

formal rulemaking.

The term ‘‘helium distribution contractor’’ meant a private helium supplier who is an authorized refined helium distributor.The new term ‘‘Federal helium supplier’’ means a private helium supplier who is authorized to sell refined helium to a Federal agency or

agency contractor and who is required to purchase an equivalent

amount of crude helium from BLM.

A ‘‘Major helium requirement’’ was 5,000 cubic feet per month .............. A ‘‘Major helium requirement’’ is 200,000 cubic feet per year. To reduce the administrative burden on smaller agencies and suppliers,

BLM raised the helium volume that is considered a major helium requirement. This allows Federal helium users to procure ‘‘nonmajor’’

helium requirements more economically and efficiently. The higher

threshold still covers over 90 percent of the Federal refined helium

delivered over the last three years.
Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 /Rules and Regulations 40177

Old BOM regulations These regulations

The ‘‘helium use location’’ was not an issue ............................................ By specifying expected helium requirements by helium use location,

consolidated helium purchases are not as likely to push nonmajor

helium requirements into the more expensive major helium requirement category.

The helium-buying agency was required to identify in procurement documents when ‘‘Bureau of Mines Helium’’ was required so that the private helium distributor would know that they had to account for the

helium sale.

The helium-buying agency must clearly identify which helium use locations have been determined to need a major helium requirement so

that the helium supplier can accurately charge the buyer and report

the major helium requirement sales to BLM.

The Helium Distribution Contractors were required to report annually on

the refined helium sales/purchases made to and from Federal agencies or other Helium Distribution Contractors.

In addition to annual reporting by Federal helium suppliers, quarterly

reporting by Federal helium suppliers and buyers is instituted. The

quarterly reports will help BLM verify refined helium sales made to

Federal agencies by Federal helium suppliers.

Refined helium shortages for Federal needs were minimized because

the Federal Government, acting as its own helium refiner, had adequate back-up procedures and equipment.

Since the Act ordered the Government-owned helium refinery to be

shut down, BLM cannot directly prevent helium shortages. These

regulations require that, under an In-Kind Crude Helium Sales Contract, the Federal Government has priority over non-government refined helium needs.

Procedural Matters

Waiver of Notice of Proposed

Rulemaking and 30-Day Delay of

Effective Date

In accordance with 5 U.S.C. 553(b)(B),

we find good cause exists for waiving

the general notice of proposed

rulemaking because such notice is

impracticable. The BLM needs to have

these regulations in effect at the earliest

possible date because Congress

mandated that the transition from the

BLM supplying refined helium to

Federal agencies to replenishing Federal

helium suppliers’ refined helium with

crude helium occur within 18 months of

the enactment of the Act (i.e., April 9,

1998), and the Helium Distribution

Contracts under prior regulations have

expired. Therefore, these new

regulations, which carry out the

Congressional mandate, must be in

place to provide guidance to Federal

helium users in their purchases of major

helium requirements. Nevertheless,

BLM will consider all timely-filed

comments. Furthermore, under 5 U.S.C.

553(d)(3), there is good cause for making

this interim rule effective immediately.

No private entity needs to reorder its

affairs to come into compliance with

this rule, but only is affected as it

contracts with BLM. In addition,

Congress has mandated that these

changes occur within 18 months of

enactment.

Comments

If you wish to comment, you may

submit your comments by any one of

several methods. You may mail

comments to Bureau of Land

Management, Administrative Record,

Room 401LS, 1849 C Street, NW,

Washington, DC 20240. You may also

comment via the Internet to

WOComment@wo.blm.gov. Please

submit comments as an ASCII file

avoiding the use of special characters

and any form of encryption. Please also

include ‘‘attn: AD24’’ and your name

and return address in your Internet

message. If you do not receive a

confirmation from the system that we

have received your Internet message,

contact us directly on (202) 452–5030. Comments, including names and

street addresses of respondents, will be

available for public review at this

address during regular business hours

(7:45 a.m. to 4:15 p.m.), Eastern time,

Monday through Friday, except

holidays. BLM will also post all

comments on its home page

(www.blm.gov) at the end of the

comment period. Individual

respondents may request

confidentiality, which BLM will

consider on a case-by-case basis. If you

wish to request that BLM consider

withholding your name, home street

address, Internet address, or personal

telephone number from public review or

from disclosure under the Freedom of

Information Act, you must state this

prominently at the beginning of your

comment. Such requests will be

honored to the extent allowed by law.

All submissions from organizations or

businesses, and from individuals

identifying themselves as

representatives or officials of

organizations or businesses, will be

made available for public inspection in

their entirety. Finally, you may hand-deliver

comments to BLM at 1620 L Street, NW,

Room 401, Washington, DC.

Executive Order 12866

This document is not a significant

rule and is not subject to review by the

Office of Management and Budget under

Executive Order 12866. This interim

rule will not have an effect of $100

million or more on the economy. It will

not adversely affect in a material way

the economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities. The

interim rule merely provides the BLM a

means to document and bill sales of

refined helium to Federal agencies and

their contractors. The total maximum

dollar value of the crude helium sales is

estimated at about $15 million annually.

The crude helium sales required by

legislation replace the BLM refined

helium sales being discontinued by the

same legislation. The interim rule adds

a small administrative cost to track

crude and refined helium sales. This

rule will not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency. This rule does not alter

the budgetary effects or entitlements,

grants, user fees, or loan programs or the

rights or obligations of their recipients.

This rule merely fulfills the

requirements of the Act, and does not

raise novel legal or policy issues.

Regulatory Flexibility Act

The Department certifies that this

document will not have a significant

economic effect on a substantial number

of small entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

This interim rule outlines the reporting

requirements of Federal helium users

and Federal helium suppliers. In

addition, this interim rule raises refined

helium sales thresholds from those

contained in the prior regulations. The

prior provisions would have required

more small refined helium distributors

to participate in refined helium sales

reporting and subsequent crude helium

purchases.

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

The Department has determined that

this interim rule is not a major rule
40178 Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 /Rules and Regulations

under 5 U.S.C. 804(2), the Small

Business Regulatory Enforcement

Fairness Act. This interim rule is not a

major rule because total annual helium

sales under the Act are not likely to

exceed $15 million, well below the $100

million statutory threshold.

Furthermore, any increases in cost will

be borne by the Federal Government

and in any event are mandated by the

Act. Any effect on competition is the

result of the Act. The interim rule

merely provides the BLM a means to

document and bill sales of refined

helium to Federal agencies and their

contractors. The crude helium sales

required by legislation replace the BLM

refined helium sales being discontinued

by the same legislation. The interim rule

adds a small administrative cost to track

crude and refined helium sales.

Unfunded Mandates Reform Act

This interim rule does not impose an

unfunded mandate on State, local, or

tribal governments, or the private sector

of more than $100 million per year. The

interim rule does not have a significant

or unique effect on State, local, or tribal

governments, or the private sector. A

statement containing the information

required by the Unfunded Mandates

Reform Act (2 U.S.C. 1531 et seq.) is not

required. The interim rule merely

provides the BLM a means to document

and bill sales of crude helium to Federal

helium suppliers based on their sales of

refined helium to Federal agencies and

their contractors. The total maximum

dollar value of the crude helium sales is

estimated at about $15 million annually.

The crude helium sales required by the

Helium Privatization Act of 1996 would

replace the BLM refined helium sales

being discontinued by the same

legislation. The interim rule adds a

small administrative cost to track crude

and refined helium sales.

Executive Order 12630

In accordance with Executive Order

12630, the interim rule does not have

significant takings implications. A

takings implication assessment is not

required. Since the interim rule defines

the obligations arising under future

contracts, there will be no private

property rights impaired as a result.

Executive Order 12612

In accordance with Executive Order

12612, the interim rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. This interim rule does not

impose any obligations on any other

Government nor preempt any regulatory

authority of any State.

Executive Order 12988

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that this interim rule does

not unduly burden the judicial system

and meets the requirements of sections

3(a) and 3(b)(2) of the Order.

Paperwork Reduction Act

The information required by these

regulations is the same as the

information required by the In-Kind

Crude Helium Sales Contracts. The

information collections contained in the

In-Kind Crude Helium Sales Contracts

have been approved by OMB under

Approval No. 1004–0179. The In-Kind

Crude Helium Sales Contracts require

Federal helium suppliers and Federal

agencies to which the Federal helium

suppliers sell the helium to provide

specific information to BLM.

National Environmental Policy Act

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment.

However, BLM has prepared an

Environmental Assessment (EA) in

accordance with section 102(2)(C) of the

National Environmental Policy Act of

1969, 42 U.S.C. 4332(2)(C). BLM has

placed the EA and Finding of No

Significant Impact (FONSI) on file in the

BLM Administrative Record at the

address specified previously. BLM

invites the public to review these

documents by contacting us at the

addresses listed above (see ADDRESSES),

and suggests that anyone wishing to

submit comments in response to the EA

and FONSI do so in accordance with the

Comments section above, or contact us

directly.

Author. The principal author of this

rule is Timothy Spisak, Helium

Operations, Bureau of Land

Management, Amarillo, Texas, (806)

324–2602 (Commercial or FTS), assisted

by Shirlean Beshir of BLM’s Regulatory

Affairs Group, Bureau of Land

Management, 1849 C Street, NW,

Washington, DC 20240; Telephone:

(202) 452–5033 (Commercial or FTS).

List of Subjects

30 CFR Part 602

Government contracts, helium,

reporting and recordkeeping

requirements.

43 CFR Part 3195

Government contracts, mineral

royalties, oil and gas exploration, public

lands-mineral resources, reporting and

recordkeeping requirements, and surety

bonds.

Dated: July 13, 1998.

Sylvia V. Baca,

Deputy Assistant Secretary, Land and

Minerals Management.

Accordingly, under the authority of 5

U.S.C. 301 and for the reasons stated

above, BLM amends 30 CFR Chapter VI

and 43 CFR Chapter II as follows:

30 CFR CHAPTER VI

PART 602—[REMOVED]

1. Remove 30 CFR part 602.

43 CFR CHAPTER II

2. Add 43 CFR part 3195 to read as

follows:

PART 3195—HELIUM CONTRACTS

Sec.

General Information

3195.10 What is the purpose of these

regulations?

3195.11 What terms do I need to know to

understand this subpart?

3195.12 What is an In-Kind Crude Helium

Sales Contract?

3195.13 If I am a Federal helium supplier

or buyer, what reports must I submit to

BLM?

3195.14 How should I submit reports?

Federal Agency Requirements

3195.20 Who must purchase major helium

requirements from Federal helium

suppliers?

3195.21 When must I use an authorized

Federal helium supplier?

3195.22 When must my contractors or

subcontractors use an authorized Federal

helium supplier?

3195.23 How do I get a list of authorized

Federal helium suppliers?

3195.24 What must I do before contacting a

non-Federal helium supplier for my

helium needs?

3195.25 What information must be in my

purchase order/contract for a major

helium requirement?

3195.26 What information must I report to

BLM?

3195.27 What do I do if my helium

requirement becomes a major helium

requirement after the initial

determination has been made?

Federal Helium Supplier Requirements

3195.30 How do I become a Federal helium

supplier?

3195.31 What are the general terms of an InKind Crude Helium Sales Contract?

3195.32 Where can I find a list of Federal

agencies that use helium?

3195.33 What information must I report to

BLM?

3195.34 What happens to my Helium

Distribution Contracts?

3195.35 What happens if I have an

outstanding obligation to purchase

refined helium under a Helium

Distribution Contract?

3195.36 What happens if there is a shortage

of helium?
Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 /Rules and Regulations 40179

3195.37 Under what circumstances can

BLM terminate me as an authorized

Federal helium supplier?

Authority: 50 U.S.C. 167a.

General Information

§ 3195.10 What is the purpose of these

regulations?

The purpose of these regulations is to

establish procedures governing the sale

of helium to Federal agencies with

major helium requirements. In order to

sell a major helium requirement to a

Federal agency, a Federal helium

supplier must be under contract with

BLM to purchase from BLM an amount

of crude helium equivalent to the

amount of refined helium it has

supplied to the Federal agency.

§ 3195.11 What terms do I need to know to

understand this subpart?

To understand this subpart you need

to know that:

BLM means the Bureau of Land

Management, Helium Operations,

United States Department of the

Interior, Amarillo, TX 79101.

Buyer means anyone who is

purchasing refined helium for a Federal

agency or Federal agency contractor.

Crude helium means a helium-gas

mixture containing no more than

ninety-nine (99) percent helium by

volume.

Federal agency means any

department, independent establishment,

commission, administration,

foundation, authority, board, or bureau

of the United States, or any corporation

owned, controlled, or in which the

United States has a proprietary interest,

as these terms are used in 5 U.S.C. 101–

105; 5 U.S.C. 551(1); or in 18 U.S.C. 6,

but does not include Federal agency

contractors.

Federal helium supplier means a

private helium merchant who has an InKind Crude Helium Sales Contract with

an effective date of January 1, 1998, or

later, with BLM, and who has helium

available for sale to:

(1) Federal agencies; or

(2) Private helium purchasers for use

in Federal Government contracts.

Helium means the element helium

regardless of its physical state.

Helium use location means the

location where the major helium

requirement will be used.

Like (equivalent) amount of crude

helium means the amount of crude

helium measured at a pressure of 14.65

pounds per square inch absolute (psia)

and a temperature of 60 degrees

Fahrenheit (F), and rounded up to the

nearest thousand (1,000) cubic feet, that

is equivalent to a specified amount of

refined helium measured at 14.7 psia

and 70 degrees Fahrenheit.

Major helium requirement means an

estimated refined helium requirement

greater than 200,000 standard cubic feet

(scf) of gaseous helium or 7510 liters of

liquid helium delivered to a helium use

location per year.

Standard cubic foot (SCF) means the

volume of gaseous helium occupying

one cubic foot at a pressure of 14.7 psia

and a temperature of 70 degrees

Fahrenheit. One liter of liquid helium is

equivalent to 26.63 scf of gaseous

helium. One U.S. gallon of liquid

helium is equivalent to 100.8 scf of

gaseous helium. One pound of liquid

helium is equivalent to 96.72 scf of

gaseous helium. If BLM approves, you

may use appropriate gaseous

equivalents of volumes of helium

mixtures different from these figures.

§ 3195.12 What is an In-Kind Crude Helium

Sales Contract?

It is a written contract between BLM

and a Federal helium supplier requiring

that whenever a supplier sells a major

helium requirement to a Federal agency

or its contractors, the supplier must

purchase a like amount of crude helium

from BLM.

§ 3195.13 If I am a Federal helium supplier

or buyer, what reports must I submit to

BLM?

In accordance with the In-Kind Crude

Helium Sales Contract:

(a) Federal helium suppliers and

buyers must report the total itemized

quarterly deliveries of major helium

requirements within 45 calendar days

after the end of the previous quarter (see

§§ 3195.26 and 3195.33).

(b) Federal helium suppliers must

report the annual cumulative helium

delivery report by November 15 of each

year (see § 3195.33).

§ 3195.14 How should I submit reports?

You must submit reports by:

(a) Mail;

(b) Fax;

(c) E-mail; or

(d) Any other method to which you

and BLM agree.

Federal Agency Requirements

§ 3195.20 Who must purchase major

helium requirements from Federal helium

suppliers?

(a) The Department of Defense;

(b) The National Aeronautics and

Space Administration;

(c) The Department of Energy;

(d) Any other Federal agency; and

(e) Federal agency contractors.

§ 3195.21 When must I use an authorized

Federal helium supplier?

You must use an authorized Federal

helium supplier for any major helium

requirement.

§ 3195.22 When must my contractors or

subcontractors use an authorized Federal

helium supplier?

An authorized Federal helium

supplier must be used whenever the

contractor or subcontractor uses a major

helium requirement in performance of a

Federal contract.

§ 3195.23 How do I get a list of authorized

Federal helium suppliers?

You must request the list from BLM

in writing.

§ 3195.24 What must I do before

contacting a non-Federal helium supplier

for my helium needs?

You must make an initial

determination about the annual helium

demand for each helium use location for

the expected life of the purchase order/

contract. If the annual helium demand

for a helium use location is a major

helium requirement, it must be supplied

by a Federal helium supplier.

§ 3195.25 What information must be in my

purchase order/contract for a major helium

requirement?

A purchase order/contract must state

each helium use location and whether

the anticipated demand exceeds the

amount defined as a major helium

requirement at each helium use

location.

§ 3195.26 What information must I report

to BLM?

In accordance with the In-Kind Crude

Helium Sales Contract, within 45 days

of the end of each quarter, you must

report to BLM (see § 3195.13) the

following:

(a) The name of the company from

which you purchased a major helium

requirement;

(b) The amount of helium you

purchased and the date it was delivered;

and

(c) The helium use location.

§ 3195.27 What do I do if my helium

requirement becomes a major helium

requirement after the initial determination

has been made?

As soon as you determine that your

forecasted demand of helium for a

particular helium use location will

become a major helium requirement,

you must purchase your helium (for that

helium use location) from an authorized

Federal helium supplier for the

remainder of the purchase order/

contract as a major helium requirement.

Federal Helium Supplier Requirements

§ 3195.30 How do I apply to become a

Federal helium supplier?

In order to become a Federal helium

supplier,
40180 Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 /Rules and Regulations

(a) You must be a private helium

merchant and demonstrate to BLM in

writing that you have:

(1) Adequate financial resources to

pay for BLM helium and helium related

services;

(2) Adequate facilities and equipment

to meet delivery schedules and quality

standards required by Federal helium

buyers; and

(3) A satisfactory record of

performance in the distribution of

helium or other compressed gases.

(b) You must fill out and execute

BLM’s In-Kind Crude Helium Sales

Contract and submit it to BLM for

approval.

§ 3195.31 What are the general terms of an

In-Kind Crude Helium Sales Contract?

A BLM helium In-Kind Crude Helium

Sales Contract requires you to:

(a) Deliver helium to a Federal agency

specified helium use location;

(b) Purchase crude helium from BLM

equivalent to the amount of refined

helium you sold to Federal agencies;

(c) Report to BLM the amount of

refined helium you sold to Federal

agencies; and

(d) Maintain records for inspection

and audit by BLM in accordance with

30 U.S.C. 17.13(b).

§ 3195.32 Where can I find a list of Federal

agencies that use helium?

You must request from BLM in

writing the list of Federal agencies that

have purchased a major helium

requirement during the past year.

§ 3195.33 What information must I report

to BLM?

(a) In accordance with the In-Kind

Crude Helium Sales Contract, within 45

days of the end of each quarter, you

must report to BLM (see § 3195.13) the

following:

(1) The name of the Federal agency to

which you supplied helium;

(2) The amount of helium you

delivered and the date you delivered it;

and

(3) The helium use location.

(b) In accordance with the In-Kind

Crude Helium Sales Contract, by

November 15 of each year, you must

report to BLM (see § 3195.13) the

following:

(1) The name of the Federal agency to

which you supplied helium; and

(2) The cumulative amount of helium

delivered during the previous fiscal year

for each Federal agency.

§ 3195.34 What happens to my Helium

Distribution Contracts?

Helium Distribution Contracts

between BLM and a helium distributor

have been terminated. You must execute

an In-Kind Crude Helium Sales Contract

before you sell a major helium

requirement to a Federal agency.

§ 3195.35 What happens if I have an

outstanding obligation to purchase refined

helium under a Helium Distribution

Contract?

If you were obligated to buy refined

helium under a Helium Distribution

Contract, your In-Kind Crude Helium

Sales Contract requires you to buy an

equivalent amount of crude helium in

lieu of that obligation.

§ 3195.36 What happens if there is a

shortage of helium?

If there is a shortage of helium (either

company specific or industry wide)

which would cause you to defer helium

shipments to a buyer, you must, in

accordance with your In-Kind Crude

Helium Sales Contract, give the United

States priority over non-government

requirements.

§ 3195.37 Under what circumstances can

BLM terminate me as an authorized Federal

helium supplier?

BLM has the authority to terminate

you as an authorized Federal helium

supplier for:

(a) Nonpayment for a like amount of

crude helium;

(b) Not reporting helium deliveries

according to your In-Kind Crude Helium

Sales Contract and these regulations;

(c) Not taking delivery of a purchase

of a like amount of crude helium not

covered by a valid helium storage

contract; or

(d) Any other breach of contract or

violation of these regulations.

[FR Doc. 98–20003 Filed 7–27–98; 8:45 am]

BILLING CODE 4310–84–P

POSTAL SERVICE

39 CFR Part 20

Changes in International Special

Service Fees

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: Pursuant to its authority

under 39 U.S.C. 407, the Postal Service

is changing fees for international special

mail services to become effective

simultaneously with changes to

domestic rates and fees.

FOR FURTHER INFORMATION CONTACT:

Walter J. Grandjean, (202) 314–7256.

EFFECTIVE DATE: 12:01 a.m., January 10,

1999.

SUPPLEMENTARY INFORMATION: The

United States Postal Service (Postal

Service) is a member of the Universal

Postal Union (UPU). By virtue of that

membership, the Postal Service adheres

to the agreements of the UPU to which

it is signatory. Specifically, the

Universal Postal Convention

(Convention) and the Postal Parcels

Agreement (Parcels Agreement) contain

provisions concerning the fees member

countries can charge for special mail

services.

The Convention provides charges for

nonstandard letters, return receipts,

registered mail service, restricted

delivery, and recorded delivery and the

Parcels Agreement provides charges for

insured mail service. The charges

provided in these agreements are less

than the Postal Service charges for the

equivalent domestic service. The

agreements authorize member countries

whose internal service charges are

higher than those that are fixed in the

agreements to apply their domestic

charges in the international service.

The Postal Service charges

international special service fees that

are the same as the equivalent domestic

special service fees to avoid having

international fees that are less than

those charged domestically.

Accordingly, the Postal Service is

adjusting the following international

special service fees concurrently with

changes adopted by the Governors of the

Postal Service as a result of the recent

proceedings before the Postal Rate

Commission (Docket R97–1):

A. Certificate of Mailing.

Fee

Individual Pieces:

Basic service (Form

3817).

$0.60 (per article).

Firm mailing book

(Form 3877).

0.25 (per article listed).

Duplicate of Form

3817 or 3877.

0.60 (per page).

Bulk Mailings:

Up to 1,000 identical pieces.3.00.

Each additional

1,000 pieces.

0.40.

Duplicate copy ....... 0.60.

B. Insured Mail.

Limit of indemnity Fee

Canada

$50 ................................................ $0.85

100 ................................................ 1.80

200 ................................................ 2.75

300 ................................................ 3.70

400 ................................................ 4.65

500 ................................................ 5.60

600 ................................................ 6.55

700 ................................................ 7.50

730 ................................................ 8.45