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that the entire record of the case in the district court be forwarded so that the entire matter in controversy be considered and decided.

(c) Where application is made under the preceding paragraph for direction that the entire record be forwarded, the application must be accompanied by a certified copy thereof.

Rule 26 Constitutional issues.

(a) When a constitutional issue is certified by a district court under § 211(c) of the Economic Stabilization Act of 1970 as amended, the clerk will upon receipt thereof from the district court notify the plaintiff in the district court, who shall thereupon pay the docket fee, after which the case will be placed on the docket. If the plaintiff fails to pay the fee, unless exempt or relieved from its payment, the proceeding will be dismissed.

(b) After docketing, the certificate shall be submitted to the Chief Judge for disposition pursuant to Rule 19 for a preliminary examination to determine whether the case shall be set for argument on briefs, whether the certificate will be dismissed, or whether other disposition shall be made in accord with section 211(c) of P.L. 92-210.

(c) Any portion of the record in the district court to which the parties wish to invite the court's particular attention in a certified proceeding shall be included in a single appendix prepared by the plaintiff in the district court, but the fact that any part of the record has not been included shall not prevent the parties or the court from referring to it.

(d) Briefs on the merits in proceedings on certificates shall comply with Rule 25 of this Appendix except that the brief of the party who was plaintiff below shall be filed within 20 days after the certificate has been filed in this court.

Rule 27 Filing.

(a) Notices of Appeal will be filed in duplicate with the Clerk of the United States Court of Appeals of the circuit in which the district court which tried the case is located. Such notices will be filed then in the following cities:

(1) For cases originating in the

First Circuit__.

Second Circuit_

Third Circuit_.

Fourth Circuit_

Fifth Circuit.

Sixth Circuit.

Seventh Circuit_.

Eighth Circuit_

Ninth Circuit__
Tenth Circuit_
D.C. Circuit__

Boston, Massachusetts

New York, New York

Philadelphia, Pennsylvania

Richmond, Virginia

New Orleans, Louisiana

Cincinnati, Ohio

Chicago, Illinois

St. Louis, Missouri

San Francisco, California

Denver, Colorado

Washington, D.C.

(b) Subsequent pleadings in the number required by the provisions of these Rules will be filed at the same city where the Notice of Appeal is filed.

(c) The clerk of each Circuit Court will maintain one copy of all documents filed with his office in a file containing only documents related to Temporary Emergency Court of Appeals cases and will promptly forward all additional copies of all documents, by preferred mail, to the Clerk of the Temporary Emergency Court of Appeals in Washington, D.C.

Rule 28 Filing and service of briefs.

The appellant shall serve and file his brief within twenty days after the date on which the record is filed. The appellee shall serve and file his brief within fifteen days after service of the brief of the appellant. The appellant may serve and file a reply brief within seven days after service of the brief of the appellee, but, except for good cause shown, a reply brief must be filed at least three days before argument.

Rule 29 Numbering of cases.

Cases filed will be numbered chronologically, each number to be preceded by a prefix identifying by number the circuit in which the action originated. The letters

72-678 0-72-11

"D.C." will be the prefix identifying cases originating in the District of Columbia Circuit.

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(a) A docket of all cases pending before the court will be maintained by the clerk of the court in his office in Washington, D.C.

(b) The clerk of court of each circuit will maintain an auxiliary docket upon which will be recorded the customary entries relating to all filings and events occurring in his circuit.

Rule 31 Briefs.

Briefs, except as herein provided, shall be prepared in accordance with the provisions of Rule 28, Federal Rules of Appellate Procedure.

(a) Except by permission of the court or a division thereof, principal briefs, including those of intervenors, shall not exceed 25 pages, exclusive of pages containing the Table of Contents, Tables of Citations and any Addenda or Appendices containing statutes, rules, regulations or exhibits.

(b) Reply briefs shall not exceed 15 pages.

Rule 32 Opinions and rulings of the court.

(a) The court will adopt and promulgate a rule governing the manner, form and place of issuance of its opinions.

(b) In accordance with recommendations for improvement of judicial administration, this court may, while according full consideration of the issues, dispense with opinions where the issues occasion no need therefor, and confine its action to such abbreviated disposition as it may deem appropriate, e.g., affirmance by order of a decision or judgment of a court; a judgment of affirmance or reversal, containing a notation of precedents, or accompanied by a brief memorandum.

APPENDIX B-DELEGATIONS OF AUTHORITY

COST OF LIVING COUNCIL
[Cost of Living Council Order No. 1]
Director, Office of Emergency
Preparedness

Pursuant to the authority vested in the Council by section 4 of Executive Order No. 11615 (hereinafter referred to as the order), it is hereby ordered as follows:

1. There is hereby delegated to the Director, Office of Emergency Preparedness (hereinafter referred to as the Director), responsibility and authority to implement, administer, monitor, and enforce the stabilization of prices, rents, wages, and salaries as directed by section 1 of the order.

2. There is hereby delegated to the Director the authority vested in the Council by sections 4 (a), 5, and 7 of the order.

3. All executive departments and agencies shall furnish such necessary assistance to the Director as may be authorized by section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691).

4. Significant policy decisions shall be made only after consultation with the Council.

5. The Director may redelegate to any agency, instrumentality, or official of the United States any authority under this order, and may, in carrying out the functions delegated to it by this order, utilize the services of any other agencies, Federal or State, as may be available and appropriate.

[36 F.R. 16215, Aug. 20, 1971]

[Cost of Living Council Order No. 2] Imposition of Supplemental Duty Pursuant to the authority vested in the Council by Executive Order No. 11615, it is hereby ordered that there are exempted from the prohibitions of section 1 of that order articles imported into the Customs territory of the United States from outside thereof, to the extent, but only to the extent, that any price higher than that permitted under that order is to offset the supplemental duty imposed by Proclamation No. 4074 and paid, di

rectly or indirectly, by the person charging, assessing, or receiving, the higher price. Any increase in price, whether at wholesale or retail or otherwise, which is greater than that necessary to offset the supplemental duty actually passed on to, and paid by, the person charging, assessing, or receiving, the higher price, shall be deemed to be in violation of that order.

Any person increasing prices pursuant to the authorization contained herein shall maintain adequate records to demonstrate that such increases are in fact authorized by this order.

[36 F.R. 16215, Aug. 20, 1971]

[Cost of Living Council Order No. 3]

Pay Board

Pursuant to the authority vested in the Council by section 4 of Executive Order No. 11627 (hereinafter referred to as the Executive order), it is hereby ordered as follows:

1. (a) There is delegated to the Pay Board (established by section 7 of the Executive order) acting through its Chairman, responsibility for implementing, administering, monitoring, and providing for the enforcement of the stabilization of wages and salaries in conformity with the Executive order.

(b) More particularly, the Pay Board, acting through its Chairman, shall establish criteria, standards, and implementation procedures designed to stabilize wages and salaries within the general economic stabilization goals and coverage determination developed by the Council. Such procedures shall include, but not be limited to, those necessary to

(1) Decide individual cases brought to its attention (including requests for expections);

(2) Recommend to the Department of Justice enforcement action designated to assure compliance;

(3) Maintain liaison to insure consistency between the Pay Board and the Price Commission and other organizational units of the economic stabilization program; and

(4) Maintain liaison with and augment the efforts of the Federal Mediation and Counciliation Service by providing such mediation efforts as might be necessary to obtain the voluntary compliance of parties to labor disputes with actions of the Board.

2. There is hereby delegated to the Chairman of the Pay Board such authority vested in the Council by section 4(a), 5, and 15 of the Executive Order as is necessary to perform the functions specified in section 1.

3. All executive departments and agencies shall provide such necessary assistance to the Chairman as may be permitted by law.

4. The Chairman may redelegate to any agency, instrumentality, or official of the United States any authority under this Executive order, and may, in carrying out the functions delegated to it by this Executive order, utilize the services of any other agencies, Federal or State, as may be available and appropriate.

5. This order shall be effective upon the appointment and entry on duty of the Chairman of the Pay Board. [36 F.R. 20202, Oct. 16, 1971]

[Cost of Living Council Order No. 4]

Price Commission

Pursuant to the authority vested in the Council by section 4 of Executive Order No. 11627 (hereinafter referred to as the Executive order), it is hereby ordered as follows:

1. (a) There is delegated to the Price Commission (established by section 8 of the Executive order) acting through its Chairman, responsibility for implementing, administering, monitoring, and providing for the enforcement of the stabilization of prices and rents in conformity with the Executive order.

(b) More particularly, the Price Commission, acting through its Chairman, shall establish criteria, standards, and implementation procedures designed to stabilize prices and rents within the general economic stabilization goals and coverage determinations developed by the Council. Such procedures shall include, but not be limited to, those necessary to

(1) Decide individual cases brought to its attention (including requests for exceptions);

(2) Recommend to the Department of Justice enforcement action designed to assure compliance;

(3) Maintain liaison to insure consistency between the Pay Board and the Price Commission and other organizational units of the economic stabilization program; and

(4) Maintain liaison with and augment the efforts of the Federal Mediation and Conciliation Service by providing such mediation efforts as might be necessary to obtain the voluntary compliance of parties to labor disputes with actions of the Board.

2. There is hereby delegated to the Chairman of the Price Commission such authority vested in the Council by sections 4(a), 5, and 15 of the Executive order as is necessary to perform the functions specified in section 1.

3. All executive departments and agencies shall provide such necessary assistance to the Chairman as may be permitted by law.

4. The Chairman may redelegate to any agency, instrumentality, or official of the United States, any authority under this Executive order, and may, in carrying out the functions delegated to it by this Executive order, utilize the services of any other agencies, Federal or State, as may be available and appropriate.

5. This order shall be effective upon the appointment and entry on duty of the Chairman of the Price Commission. [36 F.R. 20202, Oct. 16, 1971]

[Cost of Living Council Order No. 5]

Secretary of the Treasury

Pursuant to the Economic Stabilization Act of 1970, as amended (hereinafter referred to as the Act), and the authority delegated to the Cost of Living Council by Executive Order No. 11627 (hereinafter referred to as the Executive order) it is hereby ordered as follows:

1. There is hereby delegated to the Secretary of the Treasury (hereinafter referred to as the Secretary), subject to the general policy guidance of and coordination with the Cost of Living Council (hereinafter referred to as the Council) and in accordance with the general policy of the Act, authority to interpret, implement, administer, monitor, and enforce the stabilization of prices, rents, wages, and salaries pursuant to the coverage, classifications, and implementation procedures established by the Council. Such functions will include, but not be limited to, the following:

(a) Operation and maintenance of local service and compliance centers established in support of the economic stabilization program in Standard Metropolitan Statistical Areas and such other places as the Secretary may determine;

(b) Dissemination of information and guidance to the public;

(c) Issuance of rulings and the receiving, analyzing, and responding to inquiries relating to the application of regulations and other guidance issued by the Council and the establishment and operation of an appeal procedure;

(d) Receiving, analyzing, investigating, and preparing and forwarding recommendations upon applications for exceptions and exemptions from coverage, classifications, and the implementation procedures to the Council for decision; (e) Conducting monitoring investigations as the effectiveness of the stabilization program;

(f) Receiving, investigating, and resolving by obtaining compliance, where possible, complaints received with respect to program violations and recommending enforcement action to the Council, where necessary;

(g) Making factual determinations on behalf of the Council in furtherance of any functions herein delegated; and

(h) Maintaining adequate records and the making of periodic reports to the Council.

2. All executive departments and agencies shall furnish such necessary assistance to the Secretary as may be authorized by law.

3. The Secretary may redelegate to any agency, instrumentality, or official of the United States any authority under this order, and may, in carrying out the functions delegated by this order, utilize the services of any other agencies, Federal or State, as may be available and appropriate.

4. The Director, Office of Emergency Preparedness, shall continue to exercise responsibility and authority under Council Order No. 1 as necessary to complete actions in process and to effectuate an orderly transfer of functions to the Pay Board established by section 7 of the Executive order and the Price Commission established by section 8 of the Executive order.

5. Nothing in this order shall be construed to limit or otherwise supersede the authority heretofore delegated to the Pay Board by Council Order No. 3 or to

the Price Commission by Council Order No. 4.

6. This order shall be effective at 12:01 a.m., November 14, 1971.

[36 F.R. 21798, Nov. 13, 1971]

[Cost of Living Council Order No. 6]

Chairman, Pay Board

In view of the changes made in the Economic Stabilization Act of 1970, as amended (hereinafter the Act), by the enactment of the Economic Stabilization Act Amendments of 1971, the Cost of Living Council has determined that it would be appropriate to reaffirm and clarify the authority of the Pay Board with respect to the stabilization of wages and salaries. Pursuant to the authority vested in the Council by section 4 of Executive Order No. 11640, it is hereby ordered as follows:

1. The delegation of authority to the Pay Board (established by section 7 of Executive Order No. 11627) contained in Cost of Living Council Order No. 3 is hereby reaffirmed and continued, subject to the provisions of the Act.

2. Without limiting the general delegation of authority in Order No. 3, the Pay Board shall take the actions and make the determinations required or permitted by section 203(c) and section 203(g) of the Act and shall, to the extent necessary or appropriate, implement the exemptions provided by section 203 (f) of the Act.

3. In addition to the authority delegated by Order No. 3, and continued by this order, the Chairman of the Pay Board, or his duly authorized agent, shall have the authority to sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant books, papers, and other documents, and to administer oaths, all in accordance with section 206 of the Act, for any purpose related to the Act.

4. This order shall be effective as of December 22, 1971.

[37 F.R. 2727, Feb. 4, 1972]

[Cost of Living Council Order No. 7]
Chairman, Price Commission

In view of the changes made in the Economic Stabilization Act of 1970, as amended (hereinafter the Act), by the enactment of the Economic Stabilization Act Amendments of 1971, the Cost of Living Council has determined that it would be appropriate to reaffirm and

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