Page:30 CFR 1959.pdf/28

Rh shall not permit any substance 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 80 days and shall 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 of Mines, 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 (other than haulage of a helium semi-trailer by a tractor furnished by the Bureau ) 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 shall be the higher.

(8) The purchaser shall not remove containers furnished by the Bureau from the continental limits of the United States 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 accordance 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 standard type cylinders supplied by the Bureau.

(1) If any standard-type cylinder supplied by the Bureau is not returned within 80 days after receipt of notice that its return is required, or is rendered unserviceable 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 value thereof as determined by the Bureau, which value, however, shall not be more than $30 nor less than $15. 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 or year for which charge is made pursuant to § 1.3 (d), but if said cylinder subsequently is returned in serviceable condition, the Bureau shall credit or refund to the purchaser, from the special

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