FAR 1.501-3—Exceptions.
Plain-English Summary
FAR 1.501-3 explains when the normal advance public comment process for proposed FAR coverage does not apply. It covers two exceptions: first, when a proposed change is not a significant revision, and second, when urgent and compelling circumstances make it impracticable to seek comments before the coverage becomes effective. The section is designed to preserve the public participation process for meaningful regulatory changes while allowing the government to act quickly when delay would be impractical, such as to implement a new statute on a short timeline. In practice, this means agencies and acquisition officials must judge whether a change is substantial enough to warrant advance comment, and if not, they may proceed without it. When urgency justifies skipping advance comments, the rule still requires a temporary issuance and a minimum 30-day public comment period after issuance, so the public still has an opportunity to respond. This section is important because it balances transparency and participation against the need for timely regulatory action.
Key Rules
No comments for minor revisions
Advance comments do not have to be solicited when the proposed FAR coverage is not a significant revision. The key question is whether the change is substantial enough to justify the normal public comment process.
Urgency can justify bypass
Advance comments may be skipped when urgent and compelling circumstances make prior comment solicitation impracticable. The rule gives as an example the need to implement a new statute within a relatively short period of time.
Temporary issuance required
If advance comments are not sought because of urgency, the coverage must be issued on a temporary basis. This limits the exception to situations where immediate action is needed, rather than allowing a permanent bypass of public participation.
Post-issuance comment period
Even when issued temporarily without advance comments, the coverage must provide at least a 30-day public comment period. This preserves an opportunity for public input after the rule is issued.
Responsibilities
Agency / FAR drafter
Determine whether a proposed coverage change is a significant revision or a minor one, and decide whether advance comments are required. If urgent and compelling circumstances exist, issue the coverage temporarily and ensure a public comment period of at least 30 days.
Policy officials / regulatory staff
Document the basis for using the exception, especially the reason the change is not significant or why urgency makes prior comment impracticable. They must also ensure the temporary issuance and comment-period requirements are met.
Public / interested parties
Review and submit comments during the post-issuance comment period when coverage is issued temporarily without advance notice. They should monitor temporary issuances because the opportunity to comment may come after the rule is already effective.
Practical Implications
This section lets agencies move quickly on noncontroversial or minor changes without going through a full advance comment process.
The biggest pitfall is overusing the exception for changes that are actually significant; that can undermine transparency and create procedural vulnerability.
When urgency is the reason for skipping advance comments, the temporary nature of the issuance and the 30-day comment period are mandatory, not optional.
Contractors and other stakeholders should watch for temporary FAR issuances, because they may become effective before comments are due.
For contracting officers and policy staff, the practical task is to make a defensible judgment about significance and urgency, and to preserve the administrative record supporting that judgment.
Official Regulatory Text
(a) Comments need not be solicited when the proposed coverage does not constitute a significant revision. (b) Advance comments need not be solicited when urgent and compelling circumstances make solicitation of comments impracticable prior to the effective date of the coverage, such as when a new statute must be implemented in a relatively short period of time. In such case, the coverage shall be issued on a temporary basis and shall provide for at least a 30 day public comment period.