§ 300.52 Reporting firms. (a) General. Each reporting firm shall file a quarterly report with the Price Commission in the form provided in paragraph (b) of this section not more than 45 days after the end of each fiscal quarter beginning with its first fiscal quarter ending after November 13, 1971 or, in the case of a report for the quarter ending the firm's fiscal year, not more than 90 days after the end of that fiscal year. In addition, each reporting firm shall report to the Commission with respect to price changes resulting from calculation of a base price under subpart F of this part or from the operation of § 300.101 of this part relating to contracts entered into before August 15, 1971. (b) Manner of filing. Each quarterly report required under paragraph (a) of this section shall be made on a form to be prescribed by the Commission and shall contain the information required by that form. (c) Persons to whom section does not apply. This section does not apply to public utilities covered by § 300.16 or insurers covered by § 300.20. [36 F.R. 23978, Dec. 16, 1971, as amended at 37 F.R. 654, Jan. 14, 1972; 37 F.R. 3914, Feb. 24, 1972] § 300.60 Other factors. Notwithstanding any other provision of this part, in making any determination, the Price Commission will take into account whatever factors it considers relevant to an equitable resolution of the case and considers necessary to achieve the overall goal of holding average price increases across the economy to a rate of not more than 22 percent per year. [36 F.R. 23978, Dec. 16, 1971] § 300.81 Seasonal patterns. any (a) General. Notwithstanding other provision of this subpart, prices which normally fluctuate in distinct seasonal patterns may be adjusted as prescribed in this section. (b) Distinct fluctuation. Prices must show a large or otherwise distinct fluctuation at a specific, identifiable point in time. The distinct fluctuation must be an established practice that has taken place in each of the 3 years before the date of the contemplated change. New persons may determine their qualifications from those generally prevailing with respect to persons similarly situated, selling or leasing in the same marketing area. If there are not similar persons in the immediate area, qualification may be established by reference to the nearest similar marketing area. (c) Time of price fluctuation. The price fluctuation referred to in paragraph (b) of this section may not take place at a time other than the time at which that fluctuation took place in the preceding year unless the date of the price fluctuation is tied to a specific event such as a previously planned introduction of new models. (d) Allowable price. Subject to paragraph (e) of this section, if the requirements of paragraphs (b) and (c) of this section are met, the maximum price which may be charged by the person concerned is either (1) The base price determined under Subpart F of this part; or (2) The price charged by that person during the first 30 days of the period following the seasonal price adjustment in the preceding year, whichever is greater. For purposes of subparagraph (2) of this paragraph, the price charged during that 30-day period is the weighted average of the prices charged on all transactions occurring during that period. (e) Limitation. Notwithstanding paragraph (d) of this section, the price charged by a person may not result in an increase of his profit margin over that prevailing during the base period. (f) Return to nonseasonal prices. Each person that increases a price under this section shall decrease that price at the same date or identifiable point in time as the price was decreased in the previous season. [36 F.R. 23978, Dec. 16, 1971] § 300.101 Contracts entered into before August 15, 1971. The price specified in any contract for the sale of property or services entered into before August 15, 1971, with respect to any delivery or performance occurring after November 13, 1971, shall be allowable if that contract price does not exceed that amount which would result in an increase in the person's profit margin over that prevailing during the base period. In addition, each prenotification firm must comply with § 300.51. [36 F.R. 23978, Dec. 16, 1971] § 300.111 Formula determined leases of personal property. A lease of personal property entered into before August 15, 1971, in which the rent is determined by means of a formula specified in the lease agreement may continue with that formula in effect. However, any increase in the rent due to the passage of time or increase in the consumer price index is not allowed. [36 F.R. 25386, Dec. 30, 1971] § 300.121 Price Commission address. Each form or report prescribed by the Price Commission shall be sent to the address specified on that form or report. Each other document, report, or other item furnished under this part, shall be sent to the-Price Commission, 2000 M Street NW., Washington, DC 20508. [37 F.R. 285, Jan. 8, 1972] Subpart B-E [Reserved] Subpart F-Base Price The base price for the sale or lease of any property or service is the highest price permitted for the period beginning August 16, 1971, and ending November 13, 1971, except that if the price of a property or service has been adjusted under this subpart, that adjusted price is the base price. [36 F.R. 23979, Dec. 16, 1971] § 300.403 May 25, 1970, limitation date. This part does not require a person to establish any price which is lower than the average price which was received by him in arms-length transactions involving the property or service on May 25, 1970. In cases where there were no armslength transactions on May 25, 1970, involving the person, the nearest date preceding May 25, 1970, on which such a transaction did occur shall be considered to be May 25, 1970, for purposes of this section. However, this section does not apply if the person did not offer the property or service on May 25, 1970, due to causes other than the temporary closing of his business. [36 F.R. 23979, Dec. 16, 1971] § 300.405 Sales and leases of personal property and services. (a) Sales. The base price with respect to a sale of personal property or services is the highest price specified by the seller in contracts with a specific class of purchasers in a substantial number of transactions involving that personal property or services during the freeze base period. However, in computing the base price of an item of personal property or a service, a manufacturer or service organization may exclude any temporary special deal or temporary special allowance on that property or service, if that deal or allowance was announced before August 15, 1971, and was intended to be in effect for less than 93 days, including any deal or allowance that was continued in effect for a longer period than intended because of the Phase I freeze or the regulations of the Price Commission. A person who increases a price on the basis of the preceding sentence is not required to comply with § 300.51(d) of this part with respect to that price increase. For the purposes of this paragraph, "temporary special deal" includes an offer of free goods, a combination sale, increase quantities, an introductory offer, and a "cents-off" or "price-pack" offer; and "temporary special allowance" includes early shipping, advertising, display buying, and promotional or other similar arrangements. (b) Leases. The base price with respect to a lease of personal property is the highest price specified by the seller in contracts with a specific class of purchasers with respect to leases of the same or substantially identical personal property in a substantial number of transactions during the freeze base period. [36 F.R. 23979, Dec. 16, 1971, as amended at 37 F.R. 775, Jan. 19, 1972; 37 F.R. 3914, Feb. 24, 1972] (a) Definition. For the purposes of this section, "new property" or "new services" means any personal property or any service which (1) Meets the requirements of the first 3 sentences of paragraph (b) of this section and was not offered for sale or lease by the person at any time during the 1year period immediately preceding the date on which he is offering the property or service for sale or lease; or (2) Without regard to the first 3 sentences of (b) of this section, was previously offered for sale or lease by the person in the same or substantially similar form, but was not offered for sale or lease by that person at any time during the 1-year period immediately preceding the date on which he is offering the property or service for sale or lease. For the purposes of this section, the fact that the person offering the new property or services is incorporated, does not exclude it from the coverage of this section. (b) Personal property or services. To be considered as new personal property or new services under paragraph (a)(1) of this section, a property or service must be substantially different from other property or services in purpose, function, quality, or technology, or the use of that property or service must effect a substantially different result. Property or services that differ from other property or services only in appearance, arrangement, or combination is not to be considered to be new. A change in fashion, style, form, or packaging is not ordinarily considered to create a new property or service. A property, or part thereof, which undergoes a substantial capital improvement is treated as new property for purposes of a lease. For the purposes of this paragraph, "substantial capital improvement" means a permanent improvement or betterment made to increase the value of the property or to restore the property, the cost of which equals or exceeds at least 3 month's rent and which exceeds $100. (c) Base price determination. A person offering new property or services may determine the base price by either of the following methods: (1) By applying the customary initial percentage markup he received during (a) General. Each person who sells property or services, or leases property, that is subject to this part shall keep such records as are sufficient to establish the base prices for all of that property or services offered for sale or lease by that person and the prices at which that property or services were actually sold or leased, and which are sufficient to justify any price increase for which that person has applied, or has made, under this part. (b) Inspection. Records required to be kept under paragraph (a) of this section shall be made available for inspection at any time upon the request of an officer or employee of the Internal Revenue Service or the Price Commission. (c) [Reserved] (d) Period for keeping records. Each person required to keep a record under this section shall maintain and preserve that record for at least 4 years after the last day of the calendar year in which the transactions or other events recorded in that record occurred or the property was acquired by that person, whichever is later. [36 F.R. 23979, Dec. 16, 1971, as amended at 37 F.R. 285, Jan. 8, 1972] § 300.506 Submissions on price increase filings by persons not a party to the filing. (a) Any person who shows that he has a direct interest in any application for a price increase, or a request for an exception from any provision of this part, made by any other person or class of persons may submit written data, information, or views to the Price Com mission with respect to that application or request. The submission must state the grounds on which the person making the submission considers that he has a direct interest in the case. (b) Each submission that conforms to paragraph (a) of this section and that is relevant to the case to which it is directed will be considered by the Commission. (c) Each submission that is received by the Commission soon enough to allow a copy to be given to each party involved in the case, for the consideration and comments of that party, will be given to that party. The Commission will consider a submission in arriving at a decision only when it is received in time for the procedure described in this paragraph to be used. (d) A submission that is not received within the time prescribed in paragraph (c) of this section will be treated by the Commission as a request to reexamine the matters involved in the case to which the submission is addressed. (e) The Price Commission does not hold oral hearings on submissions made under this section. [36 F.R. 23980, Dec. 16, 1971] § 300.511 Delegations to Internal Revenue Service. It is the Price Commission's intent, whenever it states in this part that a function is to be performed by the Internal Revenue Service, to effect a delegation to the Secretary of the Treasury and, through a standing delegation by him, from the Secretary to the Internal Revenue Service. [37 F.R. 3915, Feb. 24, 1972] (a) Criminal. Any person who wilfully violates any provision of this part or any order issued thereunder shall be subject to a fine of not more than $5,000 for each violation. (b) Civil penalties. A person who violates any provision of this part or any order issued thereunder shall be subject to a civil penalty of not more than $2,500 for each violation. (c) Injunctions and other relief. Whenever it appears to the Price Commission that any individual or organization has engaged, is engaged, or is about to engage in any act or practice constituting a violation of this part or any order issued thereunder, the Commission may request the Attorney General to bring an action in the appropriate dis trict court of the United States to enjoin that act or practice. The relief sought may include a mandatory injunction commanding any person to comply with any such order or regulation and restitution of moneys received in violation of any such order or regulation. [37 F.R. 3915, Feb. 24, 1972] APPENDIX 1-INSTITUTIONAL AND NONINSTITUTIONAL PROVIDERS OF HEALTH SERVICES Pursuant to §§ 300.18 and 300.19, this Appendix lists examples of the institutional and noninstitutional providers of health services subject to those sections. The lists are not intended to be exhaustive. (a) Institutional providers of health services subject to § 300.18, owned or operated by any person, include any hospital, as defined by the American Hospital Association in "Classification of Health Care Institutions," 1968 edition (American Hospital Association, 840 North Lake Shore Drive, Chicago, IL 60611), and any other organization (or part of an organization) which operates licensed 24-hour, inpatient health care facilities, including any out-patient health care laboratory or other health care facility operated by a hospital or such other organization, such as, medical hospitals; psychiatric hospitals or asylums; tuberculosis hospitals; tuberculosis sanatoria with medical care; clinics and dispensaries operated by such a hospital or other organization; nurses training schools operated by a hospital; skilled nursing homes; extended care facilities; and intermediate care facilities. (b) Noninstitutional providers of health services subject to § 300.19, owned or operated by any person, include (1) Physicians and surgeons. (2) Clinics not covered by paragraph (a) of this appendix. (3) Dispensaries not covered by paragraph (a) of this appendix. (4) Dentists and dental surgeons. (7) Medical laboratories, including cancer research laboratories, biological (not manufacturing) chemists, bacteriological, biological, medical X-ray (picture and treatment) and pathological laboratories (but not manufacturing laboratories). (8) Dental laboratories that make dentures or teeth to order for the dental profession. (9) Vocational rehabilitation institutions. (10) Curative baths or spas operated separately from hospitals. (11) Health camps. (12) Health resorts. (13) Institutions for the mentally retarded. (14) Sanatoria operated separately from hospitals. (15) Tuberculosis sanitoria without medical care. (16) Blood banks. (35) Any other institution that provide: health services and is not covered by paragraph (a) of this appendix. (c) In any case where there is any doubt as to whether a service is a health service, or whether a health service is institutional or noninstitutional, the person concerned may apply to the district office of the Internal Revenue Service in which the service in question is located for a determination. In making its determination, the Internal Revenue Service shall consult with the appropriate State medical agency or health department. (d) For the purposes of this appendix, persons providing housing for elderly are not considered to be providing health services. Housing for the elderly includes purely residential shelter with no services included as well as personal care institutions and sheltered care institutions. For the purposes of this paragraph "personal care institutions" means establishments with permanent facilities that include resident beds and with health-related services to provide continuous general supervision and direct personal care services to residents in their activities of daily living, and the primary function of which is to provide general supervision and direct personal care services for residents who require regular assistance in activities of daily living but who do not need nursing services or in-patient care; and "sheltered care institutions" means establishments with permanent facilities that include resident beds, and with health-related services to provide continuous general supervision and sheltered care services, with only occasional direct personal care services, to residents who are otherwise able to manage the normal activities of daily living, and the primary function of which is to provide general supervision and protective services for residents who do not need nursing services or continuous personal care services for assistance in activities of daily living. (e) For the purposes of this appendix, the sale of drugs and medical equipment by a manufacturer, wholesaler, or retailer is not considered to be the providing of a medical service. For the purposes of this paragraph, 301.101 301.102 301.103 301.104 301.105 301.106 301.107 301.108 301.109 301.201 301.202 301.203 [Reserved]. Prenotification and reporting firms. Occupied residence or other real property. Subpart B-Rent Adjustments General rule. Allowable rent increases. Capital improvements. Formula-determined rentals. Seasonal patterns. Rent controlled units. Review. Exceptions. Subpart C-Base Rent Base rent. Residences or other real property which became occupied May 16, 1971, through August 14, 1971. Residences or other real property which became occupied May 25, 1970, through May 15, 1971. 301.204 Residences or other real property which became occupied August 15, 1971, through November 13, 1971. 301.205 Residences or other real property which became occupied November 14, 1971, through December 28, 1971. |