for

Canned fruit or juices.

Canned prunes and prune juice.

Olives, uncured_ Canned olives. Nectarines.

Raspberries.

Blackberries.

Figs.

Tangelos.

Limes.

Dates.

Papayas.

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 FR. 1237, Jan. 27, 1972, as amended at 37 F.R. 2678, Feb. 4, 1972; 37 F.R. 3913, Feb. 24, 1972]

§ 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, serv

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:

(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.

(h) Securities and financial instruments. (1) Securities as defined in § 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 FR. 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 E-[ Reserved ] 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

sistent with standards issued pursuant to section 203 (b) of the act.

(c) In addition to paragraphs (b) and (c) of this section, the Pay Board shall promptly take such action as may be necessary to require the payment of any pay adjustment (including any insurance or other fringe benefit offered in connection with an employment contract or established pay practice) which has been or in the absence of this section would be, withheld under the authority of the Act, if the Pay Board determines:

(i) Such pay adjustment was provided for by law, contract or an established pay practice prior to August 15, 1971; and

(ii) Prices have been advanced, productivity increased, taxes have been raised, appropriations have been made, or funds have otherwise been raised or provided for in order to cover such increases.

§ 101.103 Pay adjustments required under the Fair Labor Standards Act, wage determinations made by an agency in the executive branch and certain employee incentive plans. (a) Notwithstanding the provisions of this title, this title shall not be exercised to preclude the payment of any pay adjustment:

(1) Required under the Fair Labor Standards Act of 1938, as amended, or effected as a result of enforcement action under such act; or

(2) Required in order to comply with wage determinations made by any agency in the executive branch of the Government pursuant to law for work:

(i) Performed under contracts with, or to be performed with financial assistance from, the United States, or the District of Columbia, or any agency or instrumentality thereof, or

(ii) Performed by aliens who are immigrants or who have been temporarily admitted to the United States pursuant to the Immigration and Nationality Act;

or

(3) Paid in conjunction with existing or newly established employee incentive programs which are designed to reflect directly increases in employee productivity.

§ 101.104 Pay adjustments to those individuals earning less than $1.90 per hour.

Notwithstanding the provisions of this

such a manner that pay adjustments to any individual who is paid at a rate of less than $1.90 per hour shall not be limited in any manner until such time as the earnings of such individuals are no longer less than $1.90 per hour.

[37 F.R. 3913, Feb. 24, 1972]

Subpart G-Sanctions

§ 101.201 Sanctions; criminal fine and civil penalty.

(a) Whoever willfully violates any order or regulation under this title shall be subject to a fine of not more than $5,000 for each violation.

(b) Whoever violates any order or regulation under this title shall be subject to a civil penalty of not more than $2,500 for each violation.

§ 101.202 Injunctions and other relief.

Whenever it appears to the Council that any firm has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any order or regulation under this title, the Council may request the Attorney General to bring an action in the appropriate district court of the United States to enjoin such acts or practices. 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.

Subpart D-Fees

This part (a) grants authority to the Assistant Director for Congressional and Public Affairs of the Cost of Living Council to make records available for public inspection in accordance with the provisions of this part; (b) establishes procedures pursuant to the Freedom of Information Act, 81 Stat. 54, 5 U.S.C. 552 for the public inspection of identifiable records in the custody and control of the Cost of Living Council during the postfreeze Economic Stabilization Program, except those excluded by the Act; (c) prescribes the time and place at which such records will be made available, and (d) sets the fees to be paid for copies of such records.

(a) The Assistant Director for Congressional and Public Affairs of the Cost of Living Council (hereinafter referred to as the Assistant Director) is hereby delegated the authority to receive, review, identify, determine the availability of, and approve or disapprove requests for records in the custody and control of the Cost of Living Council in accordance with the provisions of this part.

(b) The Assistant Director, in his discretion, is specifically authorized to divulge or disclose to a complainant, or to an individual with specific knowledge of a complaint, the nature and result of the investigation of said complaint in circumstances where no violation has been found.

§ 102.4 Records not subject to disclosure. This part does not apply to records which are:

(a) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;

(b) Related solely to the internal personnel rules and practices of an agency;

(c) Specifically exempted from disclosure by statute including information which contains or relates to trade secrets or other matters referred to in section 1905 of title 18 of the United States Code.

(d) Interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

(e) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(f) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency, and except as authorized in § 102.3(b).

(g) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(h) Geological and geophysical information and data, including maps, concerning wells.

§ 102.5 Authentication of records.

(a) The Assistant Director will designate an official custodian who will have authority to attest or otherwise authenticate copies of records made available under the provisions of this part.

(b) The Assistant Director and the official custodian may issue such statements, certificates, or other documents as may be required to show that after a diligent search, no record or entry of the tenor specified in a request has been found to exist. (See Rule 44, Federal Rules of Civil Procedure.)

§ 102.6 Records of other agencies.

(a) A person who requests a record originating in another agency but currently in the custody of the Cost of Living Council shall submit his request to the other agency.

(b) Where the originating agency consents, in writing, to make the record available, it will be made available in accordance with the provisions of this part.