Ruling. Section 101.51(a) (2) (iii), states in part that the small business exemption shall not be applicable to "a firm which on the effective date of this regulation was engaged in construction * **" In determining whether or not a given firm was "engaged in construction" on the effective date of this regulation, the controlling factor is whether or not such firm held itself out to be in the construction business on that date. If so, the firm would be considered to be "engaged in construction" notwithstanding the fact that it was not physically engaged in construction activity on the effective date of the regulations. In the above fact situation, if the ABC

Electrical Supply Co. ceased to hold itself out as a firm engaging in construction activity prior to May 2, 1972, it would not be considered as a company "engaged in construction" and would qualify for the small business exemption. However, if ABC held itself out as ready to engage in construction on the effective date of the regulations, but had just not received any business, it would be "engaged in construction" and thus not eligible for the small business exemption.

This ruling has been approved by the General Counsel of the Cost of Living Council.

[37 F.R. 19620, Sept. 21, 1972]

closure of trade secrets, financial data, and other confidential information. However, the Chairman of the Pay Board, 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.

[37 F.R. 2479, Feb. 1, 1972, as amended at 37 F.R. 18082, Sept. 7, 1972]

§ 200.21 Index of available material.

Pursuant to the requirements of 5 U.S.C. 552 (a) (2), the Board will compile and maintain a current index setting forth in detail the information, records, and other data which will be made available to the public.

Requests for inspection of

§ 200.22 records.

(a) Place, time, etc. Requests for inspection and copying of records may be filed, in person or by mail, with the Director of the Office of Public Affairs, Pay Board, 2000 M Street NW., Washington, DC, between 8:30 a.m. and 5 p.m., Monday through Friday, except holidays.

(b) Forms, identification of information. Such requests shall be made on a specified Pay Board form, and should identify with specificity the documents or other information sought. Copies of that form will be available in the Office of Public Affairs. § 200.23

fied.

Records not sufficiently identi

$ 200.26

Requests for reconsideration of nonavailability.

Any person whose request to inspect a record has been denied because the record was not made available for stated reason(s) may request a reconsideration of the initial denial. Such reconsideration will be made by the Chairman of the Pay Board, and will be based upon the original request, the denial, and any written argument submitted by the person requesting the review.

§ 200.27 Final determination of availability.

The decision upon review, as provided for in § 200.26, will be promptly made in writing and transmitted to the person requesting such reconsideration. If the decision is wholly or partly in favor of said person, the requested record to that extent will be made available for inspection. To the extent that the decision is adverse to the request, the reason(s) for the denial will be stated. A decision upon review as provided herein shall constitute the final action of the Board as to the availability of a requested record. § 200.28

Fees.

The Executive Director of the Board will establish such fees and charges for record searching, reproduction, and related expenses incurred with respect to records made available to the public as is deemed reasonable and appropriate. If the Director, or his designee, determines that a record can be furnished without significant disruption of other business activities (and the record may otherwise be disclosed), he may make it available without charge.

Subpart C-Use of Information

AUTHORITY: The provisions of this Subpart C issued under Economic Stabilization Act of 1970, as amended, Public Law 91-379, 84 Stat. 799; Public Law 91-558, 84 Stat. 1468; Public Law 92-8, 85 Stat. 13; Public Law 92-15, 85 Stat. 38; Economic Stabilization Act Amendments of 1971, Public Law 92-210, 85 Stat. 743; Executive Order No. 11640 (37 F.R. 1213, Jan. 27, 1972), as amended; Cost of Living Council Order No. 3 (36 F.R. 20202, Oct. 16, 1971) and No. 6 (37 F.R. 2727, Feb. 4, 1972); and 26 U.S.C. 7602.

SOURCE: The provisions of this Subpart C appear at 37 F.R. 15516, Aug. 3, 1972, unless otherwise noted.

§ 200.50 Purpose and scope.

This subpart sets forth the policies and procedures of the Pay Board for the use of economic stabilization information, obtained from or on behalf of the Board for economic stabilization purposes, by the Internal Revenue Service. § 200.51 Definitions.

For the purpose of this subpart "Economic stabilization information" includes

(a) The amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association obtained in connection with economic stabilization matters;

(b) Any schedule, list, written statement, or other written document filed by or on behalf of any person with the Pay Board, any body under its jurisdiction, or the Internal Revenue Service, in connection with economic stabilization matters; and

(c) All other reports, oral or written information, factual data, documents, papers, abstracts, memoranda, or evidence taken, or any part thereof, relating to any person and held by the Pay Board, any body under its jurisdiction, or the Internal Revenue Service, in connection with economic stabilization matters. "Person" has the meaning given by section 7701(a)(1) of the Internal Revenue Code of 1954 (68 Stat. 911; 26 U.S.C. 7701(a)(1)).

§ 200.52 Use of economic stabilization information.

Any information which is acquired by the Internal Revenue Service, or the Pay Board, or any body under the jurisdiction of the Pay Board, for stabilization purposes, may be used by the Internal Revenue Service or the Pay Board in the performance of any of their duties or in connection with any proceeding conducted under the Economic Stabilization Act of 1970, as amended.

PART 201-STABILIZATION OF WAGES AND SALARIES

Subpart A-Introduction

Sec.

201.91

201.2

Extent to which the regulations under this chapter supersede or affect prior regulations and other published matter.

201.8 Definitions.

plans.

Definitions.