a purchaser of its readiness to deliver a tank car to the purchaser's track, or to public delivery tracks if so specified by purchaser.

(p) "Schedule of Prices and Charges" means a schedule published in the FEDERAL REGISTER as a part of the regulations in this part and referred to herein as the Schedule showing the prices that are charged for helium, services, and use of equipment rented from the Bureau, and showing the cash advance required and deposit, bonds, or insurance that must be furnished to guarantee return of containers. In no event will the Schedule become effective in less than 30 days after date of publication in the FEDERAL REGISTER.

In addition to the purchase price of helium, the following charges for services and use of equipment rented from the Bureau shall be paid by the purchaser:

(a) For filing cylinders. The charge per unit of helium compressed into cylinders as shown in the Schedule that is in effect on the date the helium is shipped from the helium plant.

(b) For ordinary work performed on containers supplied by the purchaser and for ordinary services perfcrmed in connection with shipment of helium from a helium plant. The charges stated in the Schedule that is in effect on the day the work is performed.

(c) For extraordinary expenses. Such expenses incurred in connection with any contract or delivery, including, but not limited to, costs of work on purchaser's containers for which prices are not stated in the effective Schedule, filling cotnainers of types other than those referred to in § 1.1 (h), (j), and (k), purifying helium beyond normal plant purity, shipment of helium from other than a helium plant selected by the Bureau, and unusual handling, trans

portation, and communications, may be determined by the Bureau and charged to the purchaser as they arise on the basis of the cost of rendering the services, making due allowance for contingencies, overhead expense and commercial common-carrier rates.

(d) For use of helium containers supplied by the Bureau. (1) Cylinder: The monthly charge per cylinder shall be as stated in the Schedule in effect on the first day of the month in which the cylinders are rented: Provided, That the charges stated in any newly approved price Schedule shall be paid from the beginning of the first month following that in which it became effective: Provided further, That minimum net charge under any one cylinder rental contract shall be one month's charge for 100 cylinders: And provided further, That upon written approval of the Bureau, purchasers may themselves give such cylinders the quinquennial hydrostatic test required by the Intrestate Commerce Commission and for each cylinder so tested will be allowed a credit equal to the amount the Bureau charges for such service as shown in the Schedule.

(2) Semi-trailer for each round trip: A charge per day as stated in the Schedule in effect at the time a round trip of a semi-trailer is started from a helium plant.

(3) Tank car for each round trip: The sum of the charges, as stated in the Schedule in effect at the time a round trip is started, consisting of:

(i) A charge for each whole mile, or major fraction thereof, of the total round-trip mileage between the helium plant at which the tank car is filled and its destination, according to the official mileage tariffs of the railroads concerned, and

(ii) A charge per day at desination as stated in the Schedule in effect at the time a round trip of a tank car is started from a helium plant.

(e) Computation of time periods. (1) For cylinders: The time period of months referred to in subparagraph (1) of paragraph (d) of this section or in the Schedule of charges for use of cylinders shall begin the month in which the cylinder is placed in service for the purchaser and shall end the month it is returned to the Bureau's service except in the case of cylinders placed in the purchaser's service and returned to Bureau's service the same month. Any

fractional period, including the period of use of a cylinder placed in the purchaser's service and returned to the Bureau's service the same month, shall count as a whole period. A cylinder shall not be considered to be returned to the Bureau's service until it is returned to the Bureau's point of origin or to some other point designated by the Bureau, and in the case of a cylinder used in making repeated shipments to the same purchaser, until it is released from that service. The charge for the use of a cylinder shall abate on a pro rata basis for the number of days during any period when it is out of service because of unserviceable conditions not caused by any fault of the purchaser.

(2) For semi-trailers: The time period of days referred to in subpargraph (2) of paragraph (d) of this section or in the Schedule of charges for use of semi-trailers shall begin the day following the day in which the semi-trailer is placed in service for the purchaser and shall end the day it is returned to the Bureau's service; except that semi-trailer placed in a purchaser's service and returned to the Bureau's service the same day shall be charged on the basis of a whole day. A semi-trailer shall not be considered to be returned to the Bureau's service until it is returned to the Bureau's point of origin or to some other point designated by the Bureau. The charge for use of a semi-trailer shall abate during any period when it is out of service because of unserviceable condition not caused by any fault of the purchaser.

(3) For tank cars: The time period of days as referred to in subparagraph (3) of paragraph (d) of this section, or in the Schedule of charges for use of tank cars, shall begin the day following whichever is the earliest of:

(i) Placement by carrier on purchaser's track, or

(ii) Placement by carrier on public delivery track when so specified by the purchaser, or

(iii) Constructive placement by carrier.

The time period shall be terminated the day of release of the tank car by the purchaser to the carrier for return to a helium plant as evidenced by date and hour shown by billing carrier on empty return billing. The purchaser shall be responsible for having this information

(a) Applications to purchase helium. Sales of helium will be made only upon a written application, signed by the applicant, setting forth all of the information and conditions required by the Bureau's form entitled "Application and Contract to Purchase Helium." Such forms will be furnished by the Bureau upon request to the Bureau of Mines Helium Activity, Amarillo, Texas. The application, upon acceptance and execution by the Bureau, shall become the contract for the purchase of helium from the Bureau in accordance with the regulations in this part.

If

(b) Application to use containers. a purchaser desires that containers be supplied by the Bureau, he may make application therefor on the Bureau's form entitled "Application and Contract To Use Helium Containers." Such forms will be furnished by the Bureau upon request to the Bureau of Mines Helium Activity, Amarillo, Texas. The application, upon acceptance and execution by the Bureau, shall become the contract for the use of containers in accordance with the regulations in this part. § 1.6

Advances, deposits, bonds, insur

ance.

(a) Advances and bonds for purchase of helium. No helium will be delivered or services performed under the regulations in this part except against cash paid in advance on account of the pur

chase price and services, and when applicable, a bond or bonds as provided in § 1.8.

(b) Advances, deposits, bonds, or insurance for use of containers. No containers will be furnished by the Bureau under the regulations in this part except against cash paid in advance for use of the containers and a cash deposit, bond, or insurance policy issued to the United States and acceptable to the Bureau to guarantee the return of all Governmentowned containers in satisfactory condition, or the repair or replacement of, or payment for, any containers lost or damaged, and payment of any other charges that may become due.

(c) Purchaser to maintain adequate credits and bonds or insurance. The purchaser shall at all times maintain with the Bureau a cash credit sufficient to cover all or as much as the Bureau may require of the purchase price of helium together with such charges for services and use of containers as may accrue, and a cash deposit, bond, or insurance adequate and acceptable to the Bureau to save the Bureau harmless from loss of or damage to containers and to guarantee payment of all charges.

(d) Initial and supplemental advances, deposits, bonds, or insurance. Applicants for helium and for use of containers may estimate the amounts of the total and initial cash advances and deposits, bonds, or insurance from the Bureau's established purchase prices, service charges, and container values, as published in the Schedule, and make the necessary payments with their application, or may await a determination and statement of these items by the Bureau after the filing of the application. If the Bureau at any time deems any advance, deposit, bond, or insurance insufficient, it may require that it be made sufficient as a condition to further deliveries of helium or use of containers.

(e) Computation of cash advance when method of shipment is uncertain. If the type of container in which helium is to be shipped has not been decided at the time an application is made, the cash advance shall include the service charge for filling cylinders as specified in the Schedule but in adjusting accounts pursuant to § 1.9, filling charges will not be made for units shipped in tank cars or semi-trailers.

(f) Forms of checks for advances and deposits. All cash advances, deposits,

and additions thereto shall be made in the form of certified checks or cashier's checks payable to the Bureau of Mines Helium Activity, unless this requirement is waived by the Bureau.

§ 1.7 Initial advance for purchase of helium.

The initial cash advance for purchase of helium may be determined as follows: (a) On account of purchase price. The minimum charge for helium under a contract is the purchase price of 20 units.

(1) With applications for less than 500 units of helium: The full purchase price (but not less than the price for 20 units).

(2) With applications for 500 units or more of helium: The full purchase price for 500 units, but the Bureau may require more.

(b) On account of services. The full amount of the estimated charges for the services to be rendered, not including charges for use of containers furnished by the Bureau.

§ 1.8 Initial advance and guarantee for

containers.

The initial cash advance for rental charge and the deposit, bond, or insurance for use of containers may be determined from the Schedule in effect at the time the application is made.

§ 1.9

Adjustment of accounts.

(a) Delivery which fulfills contract. The delivery of a quantity of helium within plus or minus five percent of that contracted for shall constitute performance on the part of the Bureau, but payments for the helium shall be on the basis of the number of units delivered; except as provided in paragraph (b) of this section.

(b) Refunds to purchasers. As contracts of sale are performed by the Bureau by the delivery of helium, and as contracts for use of containers are performed by the purchaser by the return of containers and other equipment furnished by the Bureau, the Bureau may make refunds from time to time to the purchaser, from any credits to the purchaser's account to the extent that the Bureau deems such credit or credits to be in excess of the amounts that may be required to insure the performance of any outstanding contract or contracts with the same purchaser;, and in any event, upon full performance by both the Bureau and the purchaser of any

contract of sale or contract for use of containers, the Bureau shall at the purchaser's request refund to the purchaser any balance left to the purchaser's credit on account of such contract: Provided, That no refunds or credits will be made on contracts to an extent that will reduce the net payment to the Bureau below the full purchase price for 20 units of helium.

§ 1.10 Shipping containers.

(a) Containers may be provided by the purchaser of the Bureau. The applicant may provide containers, as indicated by the Application and Contract to Purchase Helium, or may request the Bureau to provide them, as indicated by the Application and Contract to Use Helium Containers. Containers provided by the applicant must be satisfactory to the Bureau in all respects, must be free internally from oil or water, and shall comply with the requirements for shipment in interstate commerce. The Bureau will not use or fill any container which in its opinion is unsafe or unsuitable.

(b) Provisions applicable to all types of containers supplied by the Bureau. (1) Agencies of the Federal Government purchasing helium from the Bureau will have priority in the use of containers for transporting helium. Containers will not be rented to non-Federal users who do not purchase helium directly from the Bureau.

(2) The purchaser shall make every effort to prevent loss of or damage to helium containers rented from the Bureau; shall not use such containers for any purpose other than transportation or storage of helium purchased from the Bureau; and shall not permit any substance other than Grade-A helium to be compressed or injected into such containers without the Bureau's written consent.

(3) The purchaser shall keep account of all containers supplied by the Bureau (by serial number if a container is so numbered and if the Bureau makes written request for such record) and shall return such containers (including attached valves and other parts) to the helium plant or other point from which they were shipped to the purchaser, or to such other point as may be specified in writing by the Bureau, at no greater cost to the purchaser. Notwithstanding any other provisions of the regulations in this part, the purchaser shall return

standard-type cylinders within 90 days and return helium tank cars and helium semi-trailers within 30 days after receipt of notice that their return is required.

(4) The purchaser shall not, without written approval of the Bureau, remove, obliterate, or obscure any of the Government's stamped or painted markings on such containers, nor stamp, paint, or otherwise apply permanent markings on the metal of such containers, except records of hydrostatic tests stamped into the metal thereof in the manner prescribed by the Interstate Commerce Commission if the making of such tests by the purchaser is authorized by the Bureau: Provided, That the purchaser may place temporary markings on said containers if such markings are applied in a manner that will in no way affect the metal of or paint on said containers or attached fittings, but any such temporary markings not authorized by the Bureau in writing shall be removed before return of the containers to the Bureau.

(5) Title to all containers supplied to purchasers under the regulations in this part shall remain in the United States. Payment by the purchaser for a container rendered unserviceable or not returned shall not vest title to such container in the purchaser.

(6) The purchaser shall pay to the carrier all transportation charges and demurrage fees resulting from shipment of the containers and their contents to the purchaser and return of the containers to the Bureau, unless the Bureau has agreed in writing to pay such transportation charges and fees.

(7) In the event that the Bureau pays any transportation costs on containers in the service of a purchaser, the purchaser shall reimburse the Bureau for such transportation at commercial common-carrier rates for the kind of transportation used, whether or not the transportation was by common carrier, or the cost incurred by the Bureau, whichever is applicable.

(8) The purchaser shall not remove containers furnished by the Bureau from the continental limits of the United States (which continental limits shall include Hawaii and Alaska) without specific permission of the Bureau, except for continuous passage through Canada en route between locations in the United States, which passage shall be in accord

ance with all laws and regulations applying to such passage through Canada.

(9) Any use or operation by the purchaser of containers furnished by the Bureau shall be in full compliance with all applicable Federal and State laws.

(10) The purchaser shall completely indemnify the Government and hold it harmless from any loss or expense arising from claims of third persons in connection with personal injuries or damage to property or otherwise arising from any Government-owned container while in the service or custody of the purchaser.

(c) Provisions applicable to cylinders supplied by the Bureau. (1) If any standard-type cylinder supplied by the Bureau is not returned within 90 days after receipt of notice that its return is required, or is rendered unservicable by defects or failure to pass a quinquennial hydrostatic test as a result of mistreatment or damage beyond the effects of ordinary wear, tear, and age occurring during the period commencing with the delivery or shipment of such cylinder to the purchaser and ending with the return of such cylinder to the Bureau, the purchaser shall be charged and shall pay to the Bureau, or cause to be paid to the Bureau, the replacement cost of the cylinder and its parts, including costs of assembly, as determined by the Bureau which in no event shall be less than $30 nor more than $40. The entry of such charge on account of any cylinder not returned shall terminate the charge for the use thereof as of the end of the current month for which charge is made pursuant to § 1.3(d), but if said cylinder is subsequently returned in servicable condition, the Bureau shall credit or refund to the purchaser, the amount charged for the cylinder less one and one-half times the rental charge not to exceed the amount charged for the lost cylinder for the period from the date when the charge was terminated to the date of the return of the cylinder in repayment to the Bureau for extra costs incurred.

(2) The purchaser shall be charged with and shall pay to the Bureau, or cause to be paid to the Bureau, the cost of repairing the damage (as estimated by the Bureau if immediate repair is not made) to any returned cylinder which, although servicable, has suffered damage beyond that attributable to ordinary wear, tear, and age during the period

while it was in the service of the purchaser.

(3) The purchaser shall return each cylinder with a minimum residual pressure of 15 pounds per square inch gage of uncontaminated Grade A helium. Purchasers who fail to comply with these requirements are subject to an additional charge as shown in the Schedule.

(d) Provisions applicable to tank cars and semi-trailers supplied by the Bureau. (1) The purchaser shall furnish the Bureau complete routings for movement of tank cars and semi-trailers. Unless otherwise directed, the routings shall be based on the shortest transit time and shall be acceptable to the Bureau.

(2) The purchaser shall be charged with any excess empty mileage of tank cars for which the purchaser is responsible. The Bureau reserves the right to specify the return routing of a tank car, but if not specified by the Bureau, the return movement shall be by the reverse of the routing used in shipment from a helium plant.

(3) The Bureau may collect from the purchaser the amount of any bill received by the Bureau or other Government agency from a railroad or other commercial repair shop for repair of damage incurred by a tank car or a semi-trailer while in the custody of the purchaser.

(4) Bills of lading issued by the purchaser for shipment of tank cars and semi-trailers shall be in such form and bear such notations as the Bureau may direct.

(5) The purchaser shall not remove from their mountings the containers from tank cars or semi-trailers without specific authority of the Bureau.

(6) 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 tank car or semi-trailer during any period when such tank car or semitrailer is in the service or custody 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, and for tank cars shall not exceed the cost of the equipment and its