after November 13, 1971, attributable to green coffee beans or raw materials derived directly therefrom and increases in other allowable costs pursuant to § 300.12 of the regulations. All volatile pricing authorizations under § 300.51 (f) of the regulations are being rescinded, and hereafter manufacturers must follow the procedures of §§ 300.12 and 300.51 (as applicable) with respect to all price increases for coffee and coffee products. Prenotification and reporting firms will have until September 1, 1972, to report to the Price Commission on form PC-1, justifying, on the basis of this order, coffee or coffee product prices in effect on August 16, 1972, where such prices reflect increases over the base price for such coffee or coffee products, and all manufacturers will have until that date to adjust, if necessary, their August 16, 1972, prices for coffee or any coffee products to comply with this order. Accordingly, all manufacturers of coffee or coffee products are to be given the period from August 16 to August 31, 1972, to bring their prices for coffee and coffee products in line with this order. No price for coffee or a coffee product may be increased during the period beginning on August 17, 1972, and ending at the close of August 31, 1972. After August 31, 1972, increases in the prices for coffee and coffee products must be justified in accordance with this order.

Therefore, notwithstanding any other provision of Part 300 of the Price Stabilization Regulations of the Commission (6 CFR 300), it is hereby ordered as follows:

1. Each authorization granted under § 300.51 (f) of the Price Stabilization Regulations, dealing with volatile pricing of green coffee beans and raw materials derived directly therefrom, is hereby rescinded.

[37 F.R. 16640, Aug. 17, 1972, as amended by Order 9A, 37 F.R. 17111, Aug. 24, 1972]

[Price Commission Order No. 9A] MANUFACTURERS OF COFFEE AND COFFEE PRODUCTS

2. During the period beginning on August 17, 1972, and ending at the close of August 31, 1972, no manufacturer may charge a price for coffee or any coffee product which exceeds the price it was charging on August 16, 1972.

LIMITATIONS ON PRICE INCREASES

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On August 16, 1972, the Price Com-wei mission issued Order No. 9 (37 F.R. 16640, August 17, 1972), which estab-ecu lished limitations on price increases with respect to coffee and coffee products.red Paragraph numbered 6 of that order from provides:

3. Before September 1, 1972, each prenotification or reporting firm which is a manufacturer must report to the Price Commission on form PC-1 with respect to any price for coffee or any coffee product being charged on August 16, 1972, which is an increase over the base price for such coffee or coffee product.

4. On and after September 1, 1972, subject to the prenotification requirements of 300.51(a) of the regulations

6. Each manufacturer subject to this order must compute inventory figures on the basis of actual inventory purchase costs and historical inventory valuation practices whenever such figures are relevant to any calculation to be made pursuant to this order.

The Price Commission has determined that this provision is not essential to the attainment of the purposes of Order No. 9, and has accordingly decided that paragraph numbered 6 should be deleted.

Therefore, it is hereby ordered, That: Paragraph numbered 6 in Price Commission Order No. 9, issued August 16, 1972, is deleted, and such Order No. 9 shall be effective as of August 16, 1972, as if it had been issued on that date without such paragraph.

[37 F.R. 17111, Aug. 24, 1972]

[Price Commission Order 10] FIRMS WITH VOLATILE PRICING AUTHORIZATION

atile

RECORDKEEPING REQUIREMENT Section 300.501 of the regulations of the Price Commission requires each per

son who sells property to keep records sufficient to establish the base prices and increased costs used to justify any price increase applied for or made by that person. To provide sufficient information in regard to items to which the volatile price provisions of § 300.51(f) apply, each person using the price provision shall keep records that include the information specified in paragraphs (a) through (d) of this order.

(a) For each raw material or partially processed product (identified by grade or type) for which volatile pricing authority has been granted and utilized, the weighted average unit cost of the material during the freeze base period and the weighted average unit cost of the material during the current accounting month.

(b) For each finished or partially processed product (identified by grade or type) derived from a volatilely priced raw material or partially processed product, the weighted average price charged by the firm during the freeze base period and the weighted average unit price charged and the total revenues realized during the current accounting month. In addition, the weighted average unit price charged for and the respective total revenues from each byproduct, if any, of a volatilely priced raw material or partially processed product during the current period and how prices of the finished or partially processed products were adjusted to reflect the revenues from such byproducts derived from the volatilely priced raw material or partially processed product.

(c) The amounts entered on invoices in accordance with § 300.51 (h).

(d) How prices and revenues were adjusted to conform to all volatile material cost movements as prescribed § 300.51(f).

by

NOTE: The recordkeeping and reporting requirements contained in this order have been approved by the Office of Management and Budget in accordance with the Federal Reports Act of 1942.

[37 F.R. 17442, Aug. 26, 1972]

DEPUTY EXECUTIVE DIRECTOR

DELEGATION OF AUTHORITY Pursuant to the authority delegated to me by the Chairman of the Price Commission in Price Commission Order No. 4 (37 F.R. 7553), I hereby delegate authority to the Deputy Executive Director to

(a) Administer funds received from the Cost of Living Council or other sources for the purpose of the Price Commission;

(b) Authorize and effect personnel actions, authorize travel and publications, and perform other administrative functions in accordance with the laws and regulations of the Price Commission;

(c) Make decisions and issue orders with respect to individual requests for price or rent increases or adjustments involving a dollar impact of less than $10 million;

(d) Make decisions and issue orders with respect to individual requests for exceptions;

(e) Review and determine correctness of reported price or rent increases or adjustments and issue appropriate orders with respect thereto, in cases involving a dollar impact of less than $10 million;

(f) Order and supervise investigations to determine whether persons are in compliance with the regulations, decisions, and orders of the Price Commission; and

(g) When the Chairman is absent from Washington, D.C., make decisions and issue orders with respect to matters covered by paragraphs (c) and (e) of this order, without regard to impact or amount.

This delegation supersedes the delegation to the Deputy Executive Director issued on April 11, 1972 (37 F.R. 7553). [37 F.R. 11387, June 7, 1972]

DEPUTY GENERAL COUNSEL

DELEGATION OF AUTHORITY Pursuant to the authority delegated to me by the Chairman of the Price Commission in Price Commission Order No. 4, I hereby delegate to the Deputy General Counsel authority to

(a) Represent the Price Commission in all litigation, and recommend procedures to the Department of Justice with respect thereto;

(b) Make recommendations to the Department of Justice as to the prosecution of violations of the rules and decisions of the Price Commission and as to the handling of all other court proceedings relating to the Commission and its rules and decisions;

(c) Issue legal opinions and interpretations of the regulations, decisions and

orders of the Price Commission and on all other laws relating thereto;

(d) Sign, for FEDERAL REGISTER publication, regulations, orders, rulings, notices, and other Price Commission documents; and

(e) Consider and decide all appeals from adverse determinations by the Internal Revenue Service.

[37 F.R. 7553, Apr. 15, 1972]

DEPUTY DIRECTOR OF PROGRAM OPERATIONS

DELEGATION OF AUTHORITY

Pursuant to the authority delegated to me by the Chairman of the Price Commission in Price Commission Order No. 3:

(a) I hereby delegate authority to the Deputy Director of Program Operations to

(1) Make decisions and issue orders with respect to individual requests for price or rent increases or adjustments involving a dollar impact of less than $1 million.

(2) Review and determine the correctness of reported price or rent increases or adjustments and issue appropriate orders with respect thereto; and (3) Conduct investigations, conferences, or hearings with respect to the foregoing, and take such further action as may appear necessary in connection therewith.

(b) The delegated authority to perform any function heretofore performed by the Deputy Director to whom authority is delegated hereunder is hereby ratified and confirmed.

[37 F.R. 7553, Apr. 15, 1972]

as may appear necessary in connection therewith.

[37 F.R. 16579, Aug. 16, 1972]

DEPUTY DIRECTOR OF PROGRAM OPERATIONS

DELEGATION OF AUTHORITY

Pursuant to the authority delegated to me by the Chairman of the Price Commission in Price Commission Order No. 4 (37 F.R. 7552), I hereby delegate authority to the Deputy Director of Program Operations to

(a) Make decisions and issue orders with respect to individual requests for price increases of adjustments involving a dollar impact of less than $10 million and a percentage of price increase on sales of less than 5 percent, and those involving less than $5 million, regardless of the percentage of price increase on sales;

(b) Review and determine correctness of reported price or rent increases or adjustments and issue appropriate orders with respect thereto; and

(c) Conduct investigations, conferences, or hearings with respect to the foregoing, and take such further action as may appear necessary in connection therewith.

[37 F.R. 16579, Aug. 16, 1972]

4

5

Persons suffering a profit loss during the

ASSISTANT DIRECTORS OF PROGRAM OPERATIONS

DELEGATION OF AUTHORITY Pursuant to the authority delegated to me by the Chairman of the Price Commission in Price Commission Order No. 4 (37 F.R. 7552), I hereby delegate authority to each Assistant Director of Program Operations to—

(a) Make decisions and issue orders with respect to individual requests for price or rent increases or adjustments involving a dollar impact of less than $1 million; and

(b) Conduct investigations, conferences, or hearings with respect to the foregoing, and take such further action

tuations for seasonal patterns. One of the requirements is that a person may change his prices to reflect seasoned fluctuations only if the distinct fluctation is an established practice that has taken place in each of the 3 years before the date of the contemplated change. The potash industry has employed seasonal pricing during 13 of the past 14 years, the only significant variation having occurred in the spring of 1969 when an extraordinary heavy influx of Canadian potash resulted in depressing normal seasonal increases. Several producers have requested an exception that would permit producers to make the price adjustments contemplated by $300.81, after excluding the 1969 price levels, and to establish a price ceiling during the seasonal fluctuation period at a level no higher than that prevailing in February 1971.

In consideration of the long history of fluctuations in this area, with only one significant variation, and then only because of the extraordinary circumstances, the Commission hereby grants an exception from the requirements of §300.18 (so far as it requires that distinct fluctuations must have taken place in each of the 3 years before the date of the contemplated change) for the applicant producers as to base price, so that the price levels which prevailed during the spring of 1969 are excluded from consideration in arriving at the base for establishing the controlling price levels for 1972 with respect to muriate of potash; with all other requirements of the Price Commission regulations, including the other requirements of § 300.81, to remain otherwise in full effect as regards all producers. The producers are not authorized to increase these respective profit margins prevailing during the base period.

The Price Commission reserves the right to change, revise, or revoke the authority granted herein at any time. [36 F.R. 25067, Dec. 28, 1971]

[Notice 4]

SMALL BUSINESS FIRMS WITH NET LOSS OR LOW PROFIT MARGIN

Grant of Exception

The Price Commission has been requested to authorize relief from certain requirements of its regulations for small business firms, which, during their most recent fiscal year, had gross sales of less

than $1 million and experienced during the base period a net loss or a profit margin of less than 3 percent.

Pending the development of a comprehensive regulatory approach to this problem, which has many facets and differs in various segments of the economy, the Commission hereby grants a temporary exception to each person subject to the Commission's regulations who has had during that person's most recent fiscal year ended prior to August 15, 1971, gross sales revenues of less than $1 million and has experienced during the base period a net loss or a profit margin of less than 3 percent. Such a person may use a base period profit margin of 3 percent in computing permissible levels of price increases under the Commission's regulations.

The Price Commission reserves the right to change, revise, or revoke the authority granted herein at any time. [36 F.R. 25067, Dec. 28, 1971]

[Notice 5]

PERSONS SUFFERING A PROFIT LOSS DURING THE BASE PERIOD

Criteria for Price Increases

Current regulations of the Price Commission provide, in general, that a person may not increase a price, even if otherwise justified, if that increase would result in an increase in that person's profit margin over that which prevailed during the base period. It is the Commission's intent to prescribe, in the near future, detailed regulations relating to firms operating at a loss or very low profit margin. However, the Commission considers that immediate relief should be allowed any person that suffered a loss during the base period.

Therefore, the Commission will not, pending the publication of detailed regulations on the subject, construe its regulations to

(1) Prevent any person that had a negative profit margin during the base period (under all possible combinations of the years it uses to compute its base period under Part 300 of the Commission's regulations) from increasing its prices to a level reasonably calculated to provide that person a breakeven profit margin.

(2) Prevent any person that has had a negative profit margin during its most recent fiscal quarter, and reasonably expects that its next three fiscal quarters

will also show a negative profit margin unless its prices are increased from increasing its prices to a level reasonably calculated to provide that person a breakeven profit margin.

Each prenotification firm shall separately report each increase pursuant to this notice to the Price Commission under § 300.51(d) of the Commission's regulations, in a manner prescribed by the Commission.

[87 F.R. 828, Jan. 19, 1972]

[Notice 6]

PUBLIC UTILITIES

Final Action on Rate Increases Reported Prior to January 17, 1972

Current Price Commission regulations, § 300.16, provide, in general, that the Price Commission has 10 days in which to take action on price increases reported to it by public utilities. These revised provisions, which reflect the need of public utilities for an expeditious review of price increases, and which became effective on January 17, 1972, did not address themselves specifically to the treatment of requests for, and notifications of, price increases received by the Price Commission before that date.

Under the regulation as in effect before January 17, 1972, the Price Commission had specifically reserved its right to review and limit the amount of any requested increase, ordered increase, or other authorized increase. The period of time during which the Price Commission could exercise its right to review and its authority to limit price increases was not specified. To clarify the status of public utilities which reported price increases before January 17, 1972, under regulatory provisions which contained no time limitation for Price Commission action, the Price Commission has decided to set a cut-off date after which, if no action has been taken by the Price Commission, certain of those increases shall become final, so far as Price Commission action is concerned.

In order to provide fair notice to all persons who might wish to protest or challenge a price increase that their right to do so may be foreclosed, the Price Commission hereby announces that, with respect to public utility price increases which were reported to the Price Commission before January 17, 1972, the Price Commission will not, after February 24, 1972, take any action

specifically reserved by the Price Commission under § 300.16(a) of the regulations applicable to public utility price increases reported to the Price Commission prior to January 17, 1972. [37 F.R. 2859, Feb. 8, 1972]

[Notice 8]

BROKERAGE FEES

Fees Certified by Securities and
Exchange Commission

Cost of Living Council regulations 6 CFR 101.34(i) exempts fees charged for the trading of securities on a securities exchange subject to the jurisdiction of the Securities and Exchange Commission, if the Securities and Exchange Commission has certified that the fees are consistent with the objectives of the TABLIS Economic Stabilization Program. The -OVISC Securities and Exchange Commission has made such a certification, and the cal Price Commission has determined that b the certification is sufficient.

d

The Price Commission is informed that it is not feasible for firms which trade ord securities to charge fees when securities are traded over-the-counter that differ from those charged when securities are traded on a securities exchange. The new fee schedule which the Securities and Exchange Commission has certified is designed to produce less revenues than did the fee schedule it will replace. Taking this into account, and having examined the new fee schedule proposed and the certification accompanying it, the Price Commission determines that fees charged for over-the-counter trading which do not exceed the fees which would be charged on the same kind of transaction on a securities exchange are in compliance with the Economic Stabilization Program.

[37 F.R.3863, Feb. 23, 1972]

[Notice 16]

QUARTERLY REPORTS BY INSURERS

Postponement of Time of Filing

Section 300.20(h) of the regulations of the Price Commission requires each insurer that had annual revenues of $50 million or more during the calendar year preceding any rate increase proposed by it to file a quarterly report with the Price Commission at the time the insurer normally releases its quarterly reports, but not later than 45 days after the end of the quarter, of each rate increase by it during that quarter that affects $250,000 or