of repairing the damage (as estimated by the Bureau if immediate repair is not made) to any returned cylinder which, although serviceable, has suffered damage beyond that attributable to ordinary wear, tear, and age, during the period while it was in the service of the purchaser. (d) Provisions applicable to helium tank cars supplied by the Bureau. (1) All movements of helium tank cars, full and empty, shall be under such Shipment Orders and in accordance with such Route Orders as the Bureau may direct. (2) The purchaser shall be charged with any excess empty mileage of helium tank cars for which the purchaser is responsible and which has been paid by or charged to the Federal Government. (3) At the discretion of the Bureau, the purchaser may be charged the amount of any bill received by the Bureau or other Government agency from a railroad for repair of damage incurred by a helium tank car at a discharge terminal while in the custody of the purchaser. (e) Provisions applicable to helium tank cars, helium semi-trailers and multiple-cylinder units supplied by the Bureau. (1) Bills of lading issued by the purchaser for shipment of helium tank cars, helium semi-trailers, and multiplecylinder units shall be in such form and shall bear such notations as the Bureau may direct. (2) The purchaser shall not remove the cylinders of helium tank cars, helium semi-trailers, or multiple-cylinder units from their mountings without specific authority of the Bureau in each case. (3) The purchaser shall make good or cause to be made good, to the Government, by replacement of materials or by financial reimbursement, as may be appropriate and satisfactory to the Bureau, all losses and damages, not caused by any fault or negligence of the Government, to any helium tank car, helium semi-trailer, or multiple-cylinder unit during any period when such car, semitrailer or unit is in the service or custoday of the purchaser. Financial reimbursement shall be satisfactory to the Bureau and to any other Governmental agency having jurisdiction over the equipment lost or damaged, but shall not exceed the purchase price for which the Government purchased the equipment and its parts, including costs of assembly. § 1.11 Repurchase rights of Government. The Government shall have the right to repurchase helium that has been sold by the Bureau and that has not been lost or dissipated, when needed for Government use, upon the following terms and conditions: (a) Price for repurchase. The price to be paid by the Government per unit of helium, for delivery at the place of use or storage, for helium of 98 percent purity or better, shall be the higher of either of the following: (1) The price at which said helium was purchased from the Bureau, less one half of one percent of said price for each month or fraction thereof since the said helium was purchased from the Bureau, or (2) The highest price per unit for helium purchased from the Bureau for commercial use during the fiscal year immediately preceding the repurchase. (b) Adjustment for purity. For repurchased helium of less than 98 percent purity the unit price to be paid by the Government shall be the price as above determined less one percent thereof for each one percent that the purity is below 98 percent. § 1.12 Reservations with respect to sales and deliveries. The Bureau reserves the absolute right and discretion to limit or defer sales and deliveries under contracts to conform to the needs and requirements of the Government, and to give such preferences as between sales for medical, scientific, and commercial use, and requisitions by Government agencies, as it deems proper: Provided, That in all cases requirements for Government use shall have first preference. All furnishing of services and supplying of containers and tractors under the regulations in this part shall be at the Bureau's option. § 1.13 Determinations of purity and quantity. Determinations of purity and quantity of helium shall be by methods prescribed by or acceptable to the Bureau. § 1.14 Special restrictions—(a) Sales for the inflation of airships. Helium produced by the Bureau shall not be sold or used for the inflation of airships except such airships as operate in or be tween the United States and its Territories and possessions, or between the United States or its Territories and possessions and foreign countries. Helium produced by the Bureau shall not be sold or used for the inflation of any airship operating between two foreign countries notwithstanding such airship may also touch at some point in the United States. Any application for the purchase of helium for the purpose of inflating any airship shall show that fact on the face of the application. (b) Exportation of helium. The act places certain restrictions and conditions upon the exportation of helium, and neither the regulations in this part nor any sale or contract of sale pursuant to the regulations in this part is intended to authorize or shall be construed as authorizing the exportation of helium. Any application for the purchase of helium for exportation shall show that fact on the face of the application. (c) Liquidated damages. The Bureau may require in any contract for the purchase of helium a provision for the payment by the purchaser of liquidated damages, in an amount to be fixed by the Secretary of the Interior, in the event of failure by the purchaser faithfully to comply with the act and the regulations in this part and with the terms of the contract; if such a provision is required, the contract shall be accompanied by a domestic corporate surety bond, satisfactory to the Secretary of the Interior, in like amount conditioned upon faithful compliance by the purchaser with the act and the 'regulations in this part and with the terms of the contract. Such bond shall continue in force as long as any of the helium delivered under such contract shall remain in captivity, or for a period of three years, whichever shall be the longer. § 1.15 Power of inspection. Authorized representatives of the United States may enter and inspect at all reasonable times the place (including places in foreign countries) where any helium produced by the Bureau is stored or used, to the extent reasonably necessary to ascertain whether it is being used or is likely to be used in violation of restrictions in the act or the regulations in this part on the exportation of helium or its use for the inflation of airships. $1.16 Implied agreements. Every purchaser and every repurchaser, possessor, or user of helium produced by the Bureau shall be deemed to have expressly consented and agreed to comply with and be bound by the act and the regulations in this part, including the power of inspection provided for in § 1.15, all restrictions on the exportation of helium and its use for the inflation of airships, and the Government's right of repurchase set out in § 1.11. For § 1.17 Violations and penalties. violation of any of the provisions of the act or of the regulations in this part, the Bureau, in addition to any other penalties provided by law, may cancel all future deliveries and forfeit all deposits under existing contracts of purchasers responsible for or in any manner aiding or participating in such violations and may deny all pending or future applications from applicants who are or have been responsible for or who have participated in or in any way aided such violations. Likewise, any liquidated damages provided for on account of such violations shall become due and payable. § 1.18 Purchaser's bonds. As a condition to the acceptance of any application for the purchase of helium, the Bureau may require the applicant to give a domestic corporate surety bond upon the condition that none of the helium applied for shall be used in violation of the regulations in this part or the act, in such amount and upon such further terms and conditions as the Bureau may deem suitable. § 1.19 Cancellation and assignment of contracts. Contracts for the purchase of helium or for the use of containers may not be canceled, assigned or otherwise transferred without the written consent of the Bureau. § 1.20 Federal agencies not affected. The regulations in this part have no application to requisitions of helium by agencies of the Federal Government, or to the use of helium by such agencies. § 1.21 Forms. Forms of applications and contracts for purchase of helium and for use of helium containers are published in paragraphs (a) and (b) of this section. The Bureau may make alterations in or additions to said forms, and may require the execution of a contract in a different form. For a reasonable time after the effective date of the amended regulations in this part, the Bureau may accept applications for the purchase of helium on the forms theretofore authorized. (b) Place of use: (4) Who will use the helium?. (5) Is the helium for resale? (6) (a) Is the helium to be exported?__ (b) If the helium is to be exported, give the number and date of the export license issued by the Secretary of State, or, if a license has not been issued, give full information concerning the applicant's plan for obtaining an export license: (7) Name, description and proposed use of aircraft for which helium is intended: (8) Proposed schedule of any flights to be made outside the United States with such aircraft: (9) Is the helium to be used for the inflation of any airship that does not operate in or between the United States and its Territories and possessions or between the United States or its Territories and possessions and foreign countries? (10) Is the helium to be used for the inflation of any airship operating between two foreign countries? (For the purposes of this question an airship will be considered as operating between two foreign countries notwithstanding it may also touch at some point in the United States.): SHIPPING CONTAINERS (11) Does the applicant wish the Bureau to supply containers? (If the applicant wishes the Bureau to supply containers and a contract for use of containers is not in effect, an Application to Use Helium Containers, as shown in 30 CFR 1.21 (b), as amended, should be submitted with this application.) (12) Containers to be supplied by the applicant: (a) Number: (b) Type: (c) Age: (d) Owner: (13) (a) Do the containers meet the specifications of the Interstate Commerce Commission? (b) Do the containers comply with the definition of a “standard-type cylinder" given in 30 CFR 1.1 (h), as amended? (14) (a) When were the containers last tested? (b) To what pressure? (15) To what pressure does the applicant want containers filled? (Regardless of the applicant's answer to this question, the Bureau will fill containers only to pressures it considers to be safe and to be permissible under the regulations of the Interstate Commerce Commission.) (16) (a) When were the containers last used? (b) For what gas? (c) Are the containers dry inside? (d) Are the containers free from oil inside? (17) What do the containers now contain? (18) Valves on containers: (a) Type: (b) Manufacturer: (c) Does the valve outlet conform with the specifications given in 30 CFR 1.1 (i), as amended? (19) How are the valves protected? (20) What is the condition of: (a) Containers? (b) Valves? (21) How can the applicant's containers be identified? (22) What is the actual internal volume of the containers? POINT OF DELIVERY (23) Deliveries will be made by the Bureau at a point convenient to it, which ordinarily will be one of its helium plants. Unless and until the Bureau notifies the purchaser otherwise, deliveries under a contract arising out of this application will be made at the point specified in the Bureau's acceptance of this application, and empty containers may be shipped to that point. (24) (a) How and from where are the applicant's containers to be transported to the point of delivery? (b) How and to what point are the applicant's containers to be transported from the point of delivery? When an application is for 500 units of helium or less, the minimum initial cash advance usually will be the same as the estimate of total charges. In that event only the total need be entered in this table. Neither the total charge nor the initial advance can be less than $11.00 (see 30 CFR 1.2 (d), as amended). When an application is for more than 500 units of helium, the advance for the first 500 units at the full purchase price may be entered as the first item of this table, and the initial advance for the units in excess of 500, at one-half the purchase price. may be entered as the second item (see 30 CFR 1.7 (a). as amended). The undersigned hereby: 1. Makes application to purchase helium in the quantity and subject to the terms and conditions above set forth. 2. Certifies that he has read the act approved September 1, 1937 (50 Stat. 885; 50 U. S. C. 161-166) and regulations issued pursuant thereto (30 CFR 1, as amended); that the use to be made of the helium applied for is not in violation of said act and regulations; and that all statements and answers hereinabove set forth are true. 3. Agrees that if this application is accepted by the Bureau it shall thereupon become a contract for the purchase and sale of helium upon the terms and conditions herein set forth; that the applicant will accept deliveries and make payments according to said terms and conditions and fully comply therewith, and will abide and (The certificate below is to be executed if the applicant is a corporation.) certify secretary 1, that I am the of the corporation named as the applicant herein; that who signed this application on behalf of the applicant, was then of said corporation; that said application was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. [SEAL] (The following portions of the form are to be filled in by the Bureau.) CHECK AND BOND RECEIVED Check in the amount of__ The foregoing application is hereby accepted. The specified point of delivery, as referred to in item "(23)" of the application, is Give full information as indicated below, attaching additional sheets if necessary for completing answers. (1) Serial numbers and dates of the applicant's contracts to purchase helium from the Bureau now in effect: (2) Dates of applications the applicant has submitted to purchase helium, notice of the acceptance of which has not been received: (3) Type and number of containers and number of tractors the applicant wishes the Bureau to supply, and the applicant's estimate of the period the containers and tractors will be in service for the applicant: standard-type cylinders for an months each. helium tank cars for an avdays each. helium semi-trailers for an avdays each. multiple-cylinder units for an days each. trailers for an average of tractors to haul helium semidays each, miles hauling a traveling a total of semi-trailer and trailer. miles without semi (4) Point to which filled containers are to be shipped: ESTIMATE OF TOTAL CHARGES FOR USE OF CONTAINERS! (See 30 CFR 1.3 (c) to (e), as amended) Applicant's Estimate standard-type cylinders at $0.45 each per month, for months. $ helium tank cars at $100 each, for first 5 days.. helium tank cars at $20 each per day, for additional days. S helium semi-trailers at $10 each, for first 2 days.... helium semi-trailers at $5 each per day, for additional days... $ multiple-cylinder units at $9 each, for first 3 days. multiple-cylinder units at $3 each per day, for additional days.$ tractors: At $30 each per day, for days.. At $0.10 per mile for miles pulling semi-trailer. At $0.06 per mile for miles without semi-trailer.. Total..... $ $ $ (Applicant is not to write in this space.) Bureau's Estimate 1 In filling out this table, a fraction of a time period (1 month, 5 days, 2 days, 3 days, and 1 day) is to be counted as a whole period. (See 30 CFR 1.3 (e), as amended.) 3 Only the number of cylinders in excess of 500 may be entered at $10 each. The undersigned hereby: 1. Makes application to use containers supplied by the Bureau in numbers and under conditions as above described. 2. Certifies that he has read the act approved September 1, 1937 (50 Stat. 885; 50 U. S. C. 161–166), and regulations issued pursuant thereto (30 CFR 1, as amended); that the use to be made of the helium containers applied for is not in violation of sald act and regulations; and that all statements and answers hereinabove set forth are true. 3. Agrees that if this application is accepted by the Bureau it shall thereupon become a contract for the furnishing by the Bureau and use by the applicant of helium containers of the number and type and upon the terms and conditions herein set forth; that the applicant will use, care for, and return said containers and make payments according to said terms and conditions and fully comply therewith, and will abide and be bound by the terms of said act and regulations. |