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§ 101.13 Price category II firms; report

ing requirements. (a) A price category II firm is a firm with annual sales or revenues from $50 million to $100 million.

(b) Each price category II firm shall submit quarterly reports to the Price Commission with information on prices, costs, and profits in accordance with regulations issued by the Price Commission. $ 101.15 Price category III firms; mon

itoring and spot checks. (a) A price category III firm is a firm with annual sales or revenues of less than $50 million.

(b) The price adjustments of price category III firms are not subject to prenotification or reporting. However, they are subject to monitoring and spot checks, as are price adjustments by firms in other categories. $ 101.16 Modification of prenotification

requirements. Notwithstanding the provisions of § 101.11 the following price adjustments by price category I firms need not be prenotified:

(a) Price adjustments based upon the increased cost of raw or partially processed products subject to the conditions and procedures prescribed in § 300.51 (f) through (i) of this title.

(b) Price adjustments below the base price as determined under Subpart F of chapter III of this title subject to the conditions and procedures prescribed therein.

(c) Price adjustments proposed or established by those utilities subject to the conditions and procedures prescribed in § 300.16 of this title.

(d) Price adjustments with respect to insurance premiums affecting less than $1 million in aggregate annualized premiums under the existing rate or when the annual sales or revenues of the firm are less than $250 million, by those firms subject to the conditions and procedures prescribed in $ 300.20 of this title.

(e) Price adjustments for institutional and noninstitutional providers of health services subject to the conditions and procedures prescribed in $$ 300.18 and 300.19 of this title.

(f) Price adjustments by firms leasing or offering to lease any residence or other real property subject to the conditions

and procedures prescribed in Part 301 of this title.

(g) Subject to conditions and procedures prescribed by the Price Commission price adjustments proposed or established by a multi-industry firm with respect to goods or services when the annual sales or revenues of th firm of such goods and services are less than $100 million within any two-digit Standard Industrial Classification as published in the 1967 Standard Industrial Classification Manual by the Office of Management and Budget (formerly the Bureau of the Budget). $ 101.17 Modification of reporting re

quirements. Notwithstanding the provisions of $ $ 101.11 and 101.13, quarterly reports to the Price Commission need not be submitted to the Price Commission by a utility subject to the conditions and procedures prescribed in § 300.16 of this title: Provided, however, That any such utility which has not submitted quarterly reports pursuant to this section shall submit to the Price Commission such certification as may be required by regulations issued by the Price Commission. § 101.19 Reclassification.

With the advice of the Price Commission, the Director of the Cost of Living Council has authority to reclassify firms from one price category to another when he deems such action necessary or advisable to effectuate the purposes of the Act and regulations issued pursuant thereto.

Subpart C-Pay Adjustments

Classification and Procedures $ 101.21 Category, I pay adjustments;

construction pay adjustments; pre

notification requirements. (a) A category I pay adjustment means a pay adjustment which applies to or affects 5,000 or more employees or which applies to or affects employees who are engaged in construction as defined by section 11 of Executive Order No. 11588 (3 CFR, 1971 Comp., 36 F.R.

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6339).

(b) Prenotification of each proposed category I pay adjustment shall be submitted to the Pay Board in accordance with regulations issued by the Pay Board.

(c) No proposed category I pay adjustment shall be put into effect unless such pay adjustment has been approved or permitted to take effect in accordance

with regulations issued by the Pay Board. & 101.23 Category II pay adjustments;

reporting requirements. (a) A category II pay adjustment means a pay adjustment which applies to or affects from 1,000 to 5,000 employees.

(b) Each category II pay adjustment shall be reported to the Pay Board in accordance with regulations issued by the Pay Board. § 101.25 Category III pay adjustments;

monitoring and spot checks. (a) A category III pay adjustment means a pay adjustment which applies to or affects less than 1,000 employees.

(b) Category III pay adjustments are not subject to prenotification and reporting. However, they are subject to monitoring and spot checks as are pay adjustments by firms in other categories. § 101.28 Pay adjustments of State and

local government employees. Notwithstanding the provisions of § 101.21, prenotification of category I pay adjustments which affect the employees of State and local governments need not be submitted to the Pay Board in accordance with the provisions of $ 101.21. Such pay adjustments are, however, subject to the reporting requirements of § 101.23, except that such pay adjustments and other pay adjustments affecting the employees of State and local governments which would otherwise be subject to § 101.23, need not be submitted to the Pay Board when certification is submitted at the beginning of such government's fiscal year and each six months thereafter to the Pay Board in accordance with regulations issued by the Pay Board that such pay adjustments are not in excess of 5.5 percent. Approval, however, must be granted by the Pay Board for any pay adjustment in excess of 5.5 percent which affects the employees of State and local governments. [37 F.R. 2491, Feb. 2, 1971] § 101.29 Reclassification.

With the advice of the Pay Board, the Director of the Cost of Living Council has authority to reclassify pay adjustments from one category to another when he deems such action necessary or advisable to effectuate the purposes of the Act and regulations issued pursuant thereto.

Subpart D-Exemptions-Items not

Included in Coverage 8 101.31 General.

Price adjustments and pay adjustments with regard to the property, services, wages, and salaries set forth in this subpart are exempt from and not included in the coverage of this title. $ 101.32 Raw agricultural products, raw

seafood products, and raw sugar price

adjustments. (a) Raw agricultural products. Agricultural products which retain their original physical form and have not been processed. Processed agricultural products are products which have been canned, frozen, slaughtered, milled, or otherwise changed in their physical form. Packaging is not considered a processing activity. Examples: Exempt

Nonexempt Live cattle, calves, Carcasses and meat

hogs, sheep, and cuts.

lambs. Live poultry----

Dressed broilers and

turkeys. Raw milk.--. Pasteurized milk and

processed products such as butter,

cheese, ice cream. Shell eggs, pack- Frozen, dried, or liquid

aged or loose. eggs. Sheared or pulled Wool products.

wool. Raw honeycomb Processed and blended honey.

honeybutter product. Mohair. Hay: Bulk, pel- Dehydrated alfalfa

leted, cubed, or meal or alfalfa meal baled.

pellets. Wheat

Flour. Feed grains includ

ing: Corn

Mixed feed. Sorghum

Cracked corn. Barley

Rolled barley. Oats

Rolled oats. Soybean

Soybean meal and oil. Leaf tobacco-- Cigarettes and cigars. Baled cotton, cot- Cotton yarn, cottonseed Exempt

tonseed, cotton oil, cottonseed meal.

lint. Fresh potatoes, Frozen french fries, de

packaged or not. hydrated potatoes. Unmilled rice----- Milled rice. All raw nuts Roasted, salted, or

shelled and un- otherwise processed shelled.

nuts. Fresh mushrooms. Canned or freeze dried

mushrooms.
Fresh mint.
Fresh hops.
Dried beans, peas,

and lentils.

Nonexempt Sugar beets and Refined sugar.

sugar cane. Maple sap. All seeds for plant- Seeds processed for ing.

other uses. Raw coffee bean.-- Roasted coffee bean. All fresh vegetables Canned and frozen

and melons vegetables.

including: Tomatoes. Lettuce. Sweet corn. Onions. Green beans. Cantaloupe. Cucumbers

Dill pickles.
Cabbage

Packaged slaw.
Carrots.
Watermelons.
Green peas.
Asparagus.
Pepper.
Broccoli.
Cauliflower.
Spinach.
Green lima beans.
Honeydews.
Escarole.
Garlic.
Artichokes.
Eggplant.
Brussel sprouts.

Beets.
Unpopped pop- Popped popcorn.

corn.
Stumpage or trees Milled lumber.

cut from the

stump. All fresh or natu- Canned fruit or juices.

rally dried
fruits, pack-
aged or not,

including: Fresh oranges--

Glazed citrus peel. Grapes and Canned grapes, wine.

raisins. Apples

Applesauce.
Peaches.
Strawberries.
Grapefruit.
Pears.
Lemons.
Plums and

Canned prunes and
prunes.

prune juice. Cherries. Cranberries. Avocados. Blueberries. Apricots. Tangerines. Olives, uncured. Canned olives. Nectarines. Raspberries. Blackberries. Figs. Tangelos. Limes. Dates. Papayas.

Exempt

Nonexempt
Bananas.
Pomegranates.
Currants.
Persimmons.
Garden plants Floral wreath.

and cut flowers. (b) Raw seafood products. Raw seafood products including those which have been shelled, shucked, iced, skinned, scaled, eviscerated, or decapitated.

(c) Raw sugar prices. Raw sugar price adjustments which are controlled under the Sugar Act of 1948, as amended. § 101.33 Real estate and insurance

premiums. (a) Real estate-(1) Sales. (i) Unimproved real estate.

(ii) Real estate with improvements completed prior to August 15, 1971.

(iii) Real estate with improvements completed on or after August 15, 1971, if

(a) The sales price is determined after the completion of construction; or

(b) The sales price is determined before the completion of construction and the wage rates estimated by the builder at the time the price is determined are not subsequently reduced by any action of the Pay Board.

(2) Rentals. (i) All nonresidential property, including property leased for industrial, farm, or commercial purposes.

(ii) Rental units, including houses, apartments, or any other residential rental property, on which construction is completed, and which are offered for rent for the first time, after August 15, 1971.

(iii) Rehabilitated dwellings offered for rent in the newly rehabilitated condition for the first time after August 15, 1971, if the cost of rehabilitation exceeds one-half of either the undepreciated cost or the fair market value of the dwelling preceding the rehabilitation.

(iv) Single family dwelling units and rental units in owner-occupied multifamily dwellings which were rented for a term longer than month-to-month on January 19, 1972, or, if not rented on that date, were rented during the base rental period (as defined in Subpart C of Part 301 of this title) for a term longer than month-to-month: Provided, That the owner of such units and members of his family (as defined in section 318 of the Internal Revenue Code of 1954, as amended) do not own or have an inter

est, directly or indirectly, in more than an aggregate of four such units.

(v) Single family dwelling units and rental units in multifamily dwellings for which the monthly rent (as defined in § 301.3 of this title) was $500 or more on January 19, 1972, or if unoccupied on that date, was $500 or more during the base rental period, as defined in Subpart C of Part 301 of this title.

(3) Real estate land leases if:

(i) A residence is established on the leasehold;

(ii) The ground rent charged under such lease is fixed for a period of 20 years or more; and

(iii) Any extension, renewal or renegotiation of such land lease is for a period of 10 years or more and is computed on a percentage of the appraised value of the leased land.

(b) Insurance premiums. Premiums charged for the following lines of insurance purchased or renewed after November 13, 1971:

(1) Reinsurance of all kinds.
(2) Ocean marine insurance.

(3) Inland marine insurance on a bid basis applicable to facilities of transportation and communication.

(4) Life insurance, annuities, and endowments (including individual and group contracts of: Ordinary and term life insurance, fixed and variable annuities, and endowments of all kinds); but excluding credit life insurance of any kind.

(5) Individually negotiated and rated insurance contracts written in excess of a self-insured retention of at least $100,000. (37 F.R. 1237, Jan. 27, 1972, as amended at 37 F.R. 2678, Feb. 4, 1972; 37 F.R. 3913, Feb. 24, 1972] 8 101.34 Certain price adjustments.

(a) Federal, State, and local governments. (1) Price adjustments for any work, service, publication, report, document, benefit, privilege, authority, use, franchise, license, permit, certificate, registration, or similar thing of value or utility, performed, furnished, provided, granted, prepared, issued, or transferred by any Federal department, agency, or other instrumentality including the Postal Service and wholly owned Government corporations as defined in the Government Corporation Control Act of 1945, as amended.

(2) Price adjustments by State and local governments for any work, sery

ice, publication, report, document, benefit, privilege, authority, use, franchise, license, permit, certificate, registration, facilities, materials, or similar thing of value or utility, performed, furnished, provided, granted, prepared, issued, or transferred including tuition and other charges for schools, colleges, and universities owned or operated by a State and local government; except, however, that fees or charges for health services and for utility services (including gas, electricity, telephone, telegraph, public transportation by vehicle or pipeline, but not including water or sewage disposal services) provided directly or indirectly by a State and local government are not exempt under the provisions of this section.

(b) Tuition fees of private nonprofit educational organizations. Tuition fees and other charges by private schools, colleges, and universities not operated for profit.

(c) Custom products and services. (1) The following products when custom made to individual order:

(i) Leather goods.
(ii) Wigs and toupees.
(iii) Fur apparel.
(iv) Jewelry.

(2) The following custom services when provided to individual order:

(i) Tailoring of clothing.
(ii) Framing of pictures and mirrors.
(iii) Taxidermy.

(d) Exports, imports, and shipping rates. (1) Exports, including products sold to a domestic purchaser who certifies that the product is for export.

(2) Imports, but only the first sale into U.S. commerce.

(3) International ocean shipping rates.

(e) Damaged and used products. Damaged and used products other than products which have been rebuilt, repackaged, baled, reassembled, or otherwise processed.

(f) Government property. (1) Abandoned or confiscated property sold by any Federal, State, or local government agency pursuant to authorization of a court.

(2) Property sold by the United States, including lease-sales.

(g) Transactions in gold. Transactions in gold on the domestic market under license from the Secretary of the Treasury pursuant to the Gold Reserve Act of 1934 as amended, and regulations issued pursuant thereto.

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(h) Securities and financial instruments. (1) Securities as defined in g 101.2.

(2) Property subject to net leases as defined in 26 U.S.C. 163(d).(4) (a).

(3) Commercial paper.

(4) Commodity futures sold on an organized commodities exchange but not including the commodity (unless otherwise exempt).

(i) Brokerage fees charged on a securities exchange. Brokerage fees, charged for the trading of securities on a securities exchange, that are subject to the jurisdiction of the Securities and Exchange Commission, when the Securities and Exchange Commission has certified that such fees are consistent with the objectives of the economic stabilization program.

(j) Retail firms, including restaurants. Price adjustments of retail firms, including restaurants, with annual sales or revenues of less than $100,000. [37 F.R. 1237, Jan. 27, 1972, as amended at 37 F.R. 3913, Feb. 24, 1972] § 101.35 Certain pay adjustments.

(a) Federal pay adjustments. Federal Government employees' pay adjustments which are based upon Federal law and regulations and are determined by Presidential directives, including therein pay adjustments in the compensation and allowances of members of the Armed Forces; employees of the Judicial and of the Legislative Branch of the Federal Government: Provided, however, This section shall not exempt pay adjustments affecting employees of the U.S. Postal Service.

(b) Pay adjustments affecting certain U.S. citizens. Pay adjustments which apply to or affect U.S. citizens who reside and are employed outside the United States and the District of Columbia. [37 F.R. 1237, Jan. 27, 1972, as amended at 37 F.R. 2678, Feb. 2, 1972] & 101.36 Miscellaneous.

(a) Royalties and other payments from the sale of copyrights, manuscripts, and like materials prepared for publication.

(b) Dues paid to a nonprofit organization.

(c) Antiques and art objects including paintings, etchings, and sculpture.

(d) Collectors' coins and stamps.

(e) Rock and stone specimens including precious stones and mounting into which precious stones are set.

(f) Handicraft objects.

(g) Mint oil and maple syrup or sugar. (h) Dehydrated fruits.

Subpart - Reserved 1 Subpart F-Special Provisions $ 101.101 Special provisions applicable

from November 14, 1971—January

31, 1972. Notwithstanding the provisions of $ 100.21, pay adjustments scheduled to take effect between November 14, 1971, and January 31, 1972, pursuant to existing contracts or pay practices in effect before November 14, 1971, need not be prenotified to, or approved by, the Pay Board, but must be reported to the Pay Board in accordance with its regulations and will be otherwise subject to such regulations. The provisions of this section shall not apply to pay adjustments which are subject to the provisions of Executive Order Number 11588, March 29, 1971. § 101.102 Special provisions applicable

to retroactive and deferred pay adjustments provided prior to August

15, 1971. (a) Nothing in this title shall limit any pay adjustment (including any insurance or other fringe benefit offered in connection with an employment contract or an established pay practice) scheduled to take effect after November 13, 1971, and to be paid pursuant to an employment contract executed, or a pay practice established, prior to August 15, 1971 to a level below that agreed or established in such contract or practice, unless the Pay Board determines the increase provided in such contract or by such practice is unreasonably inconsistent with standards issued pursuant to section 203(b) of the act.

(b) Nothing in this title shall preclude any pay adjustment (including any insurance or other fringe benefit offered in connection with an employment contract or an established pay practice) scheduled to take effect prior to November 14, 1971, pursuant to an employment contract executed, or a pay practice established, prior to August 15, 1971 which was not paid as a result of any regulation issued pursuant to the Act, unless the Pay Board determines that the pay adjustment provided in such contract or by such practice is unreasonably incon

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