(xvii) Schneiderite (mixture of ammonium nitrate and dinitronaphthalene, with or without other ingredients). (Secs. 1, 11, 50 Stat. 121, 128; 22 U.S.C., Sup., 245a, 245f-2) [Proc. 2236, May 1, 1937, 2 F.R. 776] 1.50 Punishment of offenders enjoined. I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution, and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same. (Secs. 1, 11, 50 Stat. 121, 128; 22 U.S.C., Sup., 245a, 245f-2) [Proc. 2236, May 1, 1937, 2 F.R. 776] 1.51 Delegation of power to the Secretary of State. I do hereby delegate to the Secretary of State the power to exercise any power or authority conferred on me by the said joint resolution, as made effective by this my proclamation issued thereunder, and the power to promulgate such rules and regulations not inconsistent with law as may be necessary and proper to carry out any of its provisions. (Secs. 1, 11, 50 Stat. 121, 128; 22 U.S.C., Sup., 245a, 2451-2) [Proc. 2236, May 1, 1937, 2 F.R. 776] PART 2-EXPORTATION OF HELIUM GAS Regulations of the Bureau of Mines relating to production and sale of helium for medical, scientific, and commercial use: See Mineral Resources, 30 CFR Part 1. Section 2.1 Definition of helium. Wherever the word helium is used in the regulations in this part, it shall be understood to mean "contained helium" at standard atmospheric pressure (14.7 pounds per square inch) and 70° Fahrenheit. The expression "contained helium" means the actual quantity of the element helium (i. e. 100 percent pure helium) present in a mixture of helium and other gases. Purity determinations shall be made by usually recognized methods.** *§§ 2.1 to 2.12, inclusive, issued under the authority contained in secs. 3, 4, 50 Stat. 886, 887; 50 U.S.C., Sup., 164, 165. In §§ 2.1 to 2.12, inclusive, the numbers to the right of the decimal point correspond with the respective paragraph numbers in Regulations governing exportation of helium gas, Secretary of State, Sept. 3, 1937, 2 F.R. 1807, 1808. 2.2 Applications for license. Applications for license to export helium gas shall be submitted to the Secretary of State Page 14 **For statutory and source citations, see note to § 2.1. Each application must be signed and sworn to in the presence of a notary public before it is transmitted to the Secretary of State. All applications must be submitted in duplicate.** 2.3 Medical, scientific, and commercial use other than aeronautical operations. Licenses authorizing export shipments of helium gas for medical, scientific, and commercial use other than aeronautical operations will be issued by the Secretary of State for quantities not to exceed, during any one year, to one ultimate consignee or purchaser, 20,000 cubic feet, and not exceeding, during any one year, to the consignees or purchasers within any one country, 500,000 cubic feet. Applications for license to export helium gas in excess of the quantities stated herein, for purposes other than aeronautical operations, will not be granted by the Secretary of State without the unanimous recommendation of the members of the National Munitions Control Board and the Secretary of the Interior.*† 2.4 Evidence of safeguards against waste. All applications for license to export helium gas shall be accompanied by evidence to show that reasonable safeguards have been adopted to insure that there shall be no unnecessary waste of the helium gas desired.** 2.5 Succeeding applications for license. Succeeding applications for license to export helium gas shall be accompanied by information indicating the manner of disposal of the helium gas obtained under licenses preceding that applied for.*+ 2.6 Commercial or scientific aircraft operations. Licenses authorizing the exportation of helium gas for use in commercial or scientific aircraft operations and in quantities considered by the National Munitions Control Board and the Secretary of the Interior not to be of military importance will be issued by the Secretary of State under allotments to exporters which, on the joint recommendation of the Board and the Secretary of the Interior, will be granted for a period of not to exceed 1 year.*+ 2.7 Requests for allotments. Requests for allotments under § 2.6 shall be submitted to the Secretary of State in the form of an affidavit, subscribed and sworn to before a notary public. Such requests shall identify and describe the aircraft for use in which the helium gas is intended and shall include, for the consideration of the National Munitions Control Board and the Secretary of the Interior, full information in regard to the proposed schedule of operations of the aircraft for the period to which the allotments are to apply. Requests for allotments shall also be accompanied by evidence showing that reasonable safeguards have been adopted to insure that there shall be no unnecessary waste of the helium gas desired and evidence to rebut the presumption that the quantity stated therein should be considered of military importance. An estimate of the rate at which the helium gas is to be exported shall be included in all requests for allotments.*† 2.8 Succeeding requests for allotments. Succeeding requests for allotments under §§ 2.6, 2.7 shall indicate the manner of disposal of the helium gas obtained under the allotment preceding that requested.** *†For statutory and source citations, see note to § 2.1. Page 15 2.9 Applications for license under allotments. Applications for license to export helium gas under allotments in accordance with the provisions of §§ 2.6, 2.7 shall be made to the Secretary of State and shall include information which will adequately identify the aircraft for use in which the helium gas is intended. Such identification shall be the same as that used in the request for the allotment under which application is being made.** 2.10 Helium gas intended for the inflation of an aircraft of American registry. Helium gas leaving the United States when used for or intended for the inflation of an aircraft will not be considered as exported within the meaning of section 4 of the Act (50 Stat. 887; 50 U.S.C., Sup., 165) when it is the intention of the owner of the aircraft that it shall remain under American registry and shall be commanded by a duly certificated United States airman during the entire period of its sojourn abroad, and when there is no intention on the part of the owner of the aircraft to dispose of the helium gas in any foreign country.** 2.11 Shipper's export declaration (Customs Form 7525). The shipper's export declaration (Customs Form 7525) or such other document as the Bureau of Customs may require must contain the same information in regard to the quantity and value of the helium gas as that which appears on the application for license.** CROSS REFERENCE: For regulations of the Bureau of Customs, see 19 CFR Chapter I. 2.12 Time of filing export licenses and declarations with the collector of customs. Export licenses and export declarations, or other documents required by the Bureau of Customs, concerning helium gas must be filed with the appropriate collector of customs at least 24 hours before the proposed departure of the shipment from the United States, and, in the case of a shipment by a seagoing vessel, 24 hours before the lading of the helium gas.** CROSS REFERENCE: For regulations of the Bureau of Customs, see 19 CFR Chapter I. Sec. PART 3-DOMESTIC SOURCES OF TIN Sec. SUBPART-Protection and preserva- 3.9 Requests for allotments. tion of the domestic sources of tin 3.10 Original allotments. 3.1 To provide for the protection and preservation of the domestic sources of tin. SUBPART-Regulations regarding 3.2 Authority. 3.3 Definition of "tin-plate scrap." 3.4 Forms of application. 3.5 Export licenses. 3.6 Shipper's export declaration. SUBPART-Issuance of licenses for 3.8 Authority. Page 16 3.11 Sworn statement of 1936 produc tion. 3.12 Apportionment of total allotments. 3.15 Further additional allotments. 3.18 Licenses issued to persons other than producers of tin-plate scrap. Revocation of licenses by the National Munitions Control Board. 3.19 **For statutory and source citations, see note to § 2.1. SUBPART-PROTECTION AND PRESERVATION OF THE DOMESTIC SOURCES OF TIN Section 3.1 To provide for the protection and preservation of the domestic sources of tin. Whereas section 2 of an Act of Congress approved February 15, 1936 (49 Stat. 1140; 50 U.S.C., Sup., 87), entitled "An Act to provide for the protection and preservation of the domestic sources of tin," provides: There shall not be exported from the United States after the expiration of sixty days from the enactment of this Act any tin-plate scrap, except upon license issued by the President of the United States. The President is authorized to grant licenses upon such conditions and regulations as he may find necessary to assure in the public interest fair and equitable consideration to all producers of this commodity. Now, therefore, I, Franklin Delano Roosevelt, President of the United States, acting under and by virtue of the authority vested in me by the aforesaid Act, do hereby delegate to the Secretary of State as Chairman of the National Munitions Control Board the power to grant licenses for the exportation of tin-plate scrap upon such conditions and under such regulations as he may find necessary to assure in the public interest fair and equitable consideration to all producers of this commodity, and as he may prescribe by and with the advice and consent of the Board. (Sec. 2, 49 Stat. 1140; 50 U.S.C., Sup., 87) [E.O. 7297, Feb. 16, 1936] SUBPART-REGULATIONS REGARDING THE EXPORTATION OF TINPLATE SCRAP 3.2 Authority. Pursuant to the authority vested in me by Executive Order No. 7297 of February 16, 1936, I hereby prescribe, by and with the advice and consent of the National Munitions Control Board, the following regulations in §§ 3.3-3.7 to govern the exportation of tin-plate scrap under the provisions of the Act of Congress approved February 15, 1936, entitled "An Act to provide for the protection and preservation of the domestic sources of tin."*t *§§ 3.2 to 3.7, inclusive, issued under the authority contained in E.O. 7297, Feb. 16, 1936. Sec. 2, 49 Stat. 1140; 50 U.S.C., Sup., 87. †The source of §§ 3.2 to 3.7, inclusive, is Regulations governing exportation of tin-plate scrap, Secretary of State, Dec. 7, 1936, 1 F.R. 2123, 2124. 3.3 Definition of "tin-plate scrap." For the purpose of the Act the term "tin-plate scrap" is construed, provisionally, to mean tinplate clippings, cuttings, stampings, trimmings, skeleton sheets, and all other miscellaneous pieces of discarded tin plate, which result from (a) the manufacture of tin plate, or (b) the manufacture of tin-bearing articles from tin plate. As thus defined, the term "tinplate scrap" does not include tin-plate waste, tin-plate circles, tinplate strips, tin-plate cobbles, and tin-plate scroll shear butts, when packed separately and sold as such, and when not intermingled with tin-plate scrap.*+ 3.4 Forms of application. Blank forms of application for export licenses will be furnished by the Secretary of State on request.*† 3.5 Export licenses. The Secretary of State will issue export licenses to cover proposed shipments of tin-plate scrap to applicants **For statutory and source citations, see note to § 3.2. Page 17 who have duly filled out the above form when, in the opinion of the National Munitions Control Board, the issuance of such licenses may be consistent with the purposes of the Act. Copies of the statement of the procedure adopted by the Board to govern the issuance of licenses may be obtained from the Secretary of State.** 3.6 Shipper's export declaration. The shipper's export declaration (Customs Form 7525) must contain the same information in regard to the nature and the value of the tin-plate scrap to be exported as that which appears on the application for license.*t 3.7 Filing of export licenses and declarations. Export licenses and export declarations covering tin-plate scrap must be filed with the appropriate collector of customs at least 24 hours before the proposed departure of the shipment from the United States, and, in the case of a shipment by a sea-going vessel, 24 hours before the lading of the vessel.*t SUBPART-ISSUANCE OF LICENSES FOR THE EXPORTATION OF TINPLATE SCRAP; RULES OF PROCEDURE 3.8 Authority. The Secretary of State acting under and by virtue of the authority vested in him by Executive Order No. 7297 of February 16, 1936, hereby prescribes, by and with the advice and consent of the National Munitions Control Board, the following rules of procedure in §§ 3.9-3.19 to govern the issuance of licenses for the exportation of tin-plate scrap between January 1 and December 31, 1938, under the regulations governing the export of that commodity prescribed on December 7, 1936.*+ [Introduction] *§§ 3.8 to 3.19, inclusive, issued under the authority contained in secs. 1, 2, 49 Stat. 1140; 50 U.S.C., Sup., 86, 87; E.O. 7297, Feb. 16, 1936. †The source of §§ 3.8 to 3.19, inclusive, is Rules of procedure governing issuance of licenses for exportation of tin-plate scrap, Secretary of State, Dec. 6, 1937, 2 F.R. 2751, 2752. 3.9 Requests for allotments. Each producer of tin-plate scrap who desires to export that commodity during the calendar year 1938, as well as every producer whose scrap is sold to and ultimately exported by third parties, should submit to the Secretary of State not later than December 20, 1937, a request for an allotment, specifying in long tons the quantity of tin-plate scrap which he desires to export or to sell for export between January 1 and December 31, 1938.*+ [Par. 1] 3.10 Original allotments. Allotments will be granted to producers of tin-plate scrap only and will be assigned on January 1, 1938, to producers whose applications have been submitted in accordance with the provisions of § 3.9. Allotments will be based on the individual producer's request therefor with the provision that no allotment of more than 25 long tons shall exceed in amount 25 percent of the quantity of tin-plate scrap produced by him during the calendar year 1936. Requests for allotments of 25 long tons or less may be granted in full, without reference to the quantity of tin-plate scrap produced during the calendar year 1936, provided the producer concerned presents convincing evidence, in the form of a sworn state Page 18 **For statutory and source citations, see note to § 3.8. |