sales or revenues in excess of $10 million, which is charged by law or contract with the responsibility of operating a mass transportation facility or facilities which: (a) Serves a Standard Metropolitan Statistical Area (SMSA); and (b) Constitutes the sole or a principal means of public transportation for that area. A facility or facilities includes a rapid rail transit, subway, elevated, bus system but does not include school buses or other conveyances used primarily for sight-seeing or chartered for private use. the requirements of section 401(a), 404 (a) (2), or 403(b) of the Internal Revenue Code of 1954; "Non-profit organization" or one which is "not operated for profit" is a firm which is defined as a nonprofit organization in section 501(c) and is exexempt under section 501(a) of the Internal Revenue Code of 1954, amended. (b) Any group insurance plan; or "Prenotification" means notice submitted to the Price Commission or Pay Board relating to a proposed price adjustment or pay adjustment. "Price adjustment" means an increase in the unit price of property or services or a decrease in the quality of substantially the same property or services. "Price Commission" means the Commission established pursuant to section 8 of Executive Order No. 11627. "Professional athlete" means any individual who undertakes or engages in, as a means of livelihood or for economic gain, either individually or as an employee of a professional sports organization, competitive sporting events requiring physical agility or strength. "Real estate with improvements" means land upon which there is a structure, dwelling, or other building. It does not mean land on which roads, water, sewer, or drainage facilities have been constructed. "Pay adjustment" means a change in wages and salaries which includes all forms of direct or indirect remuneration or inducement to employees by their employers for personal services, which are reasonably subject to valuation, including but not limited to: Vacation and holiday payments; bonus; layoff and severance pay plans; supplemental unemployment benefits; night shift, overtime, production; and incentive pay; employer contributions for insurance plans (but not including public plans, e.g. old age, survivors, health, and disability insurance under the Social Security system, Railroad Retirement Acts, Federal Insurance Contributions Act, Federal Unemployment Tax Acts, Civil Service Retirement Acts and the Carriers and Employees Tax Act); savings, pension, profit sharing, annuity funds, and other deferred compensation and welfare benefits; payments in kind, job perquisites; housing allowances; uniform and other work clothing allowances (but not including employer-required uniforms and work clothing whether or not for safety purposes); cost-of-living allowances; commission rates, stock options, and other fringe benefits; and benefits which result in more pay per hour or other unit of work or production (e.g., by shortening the workday without a proportionate decrease in pay). Notwithstanding the foregoing definition of pay adjustment, contributions by any employer for: "Retail firm" means a firm whose annual sales or revenues are primarily from the sale of goods to ultimate consumers. "Security" means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly known as a "security," or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. * (a) Any pension, profit sharing, or annuity and savings plan which meets "State and local governments" means the several States and the District of are not to be included in wages and salaries unless such contributions are determined by the Pay Board to be unreasonably inconsistent with the standards issued pursuant to section 203 (b) of the Act. "Pay Board" means the Board established pursuant to section 7 of Executive Order No. 11627 (3 CFR, 1971 Comp., p. 218). Columbia, a municipality or other political subdivision, authority, commission, board, district, public corporation or other agency or instrumentality of the several States and the District of Columbia and any board, commission, agency, or other instrumentality of a local government. [37 F.R. 1238, Jan. 27, 1972, as amended at 37 F.R. 2678, Feb. 4, 1972; 37 F.R. 3913, Feb. 24, 1972; 37 F.R. 6827, Apr. 5, 1972; 37 F.R. 9457, May 11, 1972; 37 F.R. 14753, July 25, 1972] Subpart B-Price AdjustmentsClassification and Procedures § 101.11 Price category I firms; prenotification and reporting require ments. (a) A price category I firm is: (1) A firm with annual sales or revenues of $100 million or more; (2) A firm that operates or controls a mass transportation system, the fares of which are not otherwise regulated; (3) A firm engaged in construction as defined by section 11 of Executive Order No. 11588 (3 CFR 1971 Comp., p. 147), with annual sales or revenues of $50 million or more. (b) Each price category I firm shall submit a prenotification to the Price Commission of each proposed price adjustment in accordance with regulations issued by the Price Commission. (c) No proposed price adjustment shall be put into effect by any price category I firm unless such price adjustment has been approved or permitted to take effect in accordance with regulations issued by the Price Commission. (d) Each price category I firm shall submit quarterly reports to the Price Commission with informati on prices, costs, and profits in accordance with regulations issued by the Price Commission. [37 F.R. 1238, Jan. 27, 1972, as amended at 37 F.R. 8940, May 3, 1972; 37 F.R. 13476, July 8, 1972] ception from the Price Commission from the price adjustment limitations imposed in §§ 300.18 and 300.19 of this title. (3) A firm engaged in construction as defined by section 11 of Executive Order No. 11588 (3 CFR 1971 Comp., p. 147), with annual sales or revenues of $25 million to $50 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. [37 F.R. 1238, Jan. 27, 1972, as amended at 37 F.R. 8940, May 3, 1972; 37 F.R. 13477, July 8, 1972] §101.15 Price category III forms; monitoring and spot checks. (a) A price category III firm is: (1) A firm with annual sales or revenues of less than $50 million other than a firm described in § 101.11(a) (2) through (4) or § 101.13(a) (2) and (3); (2) An institutional or noninstitutional provider of health services (as defined in §§ 300.18 and 300.19 of this title) (i) with annual sales or revenues between $1 million and $50 million which has not received an exception from the Price Commission from the price adjustment limitations imposed in §§ 300.18 and 300.19 of this title, or (ii) with annual sales or revenues of $1 million or less. (1) General rule-prenotification waived. Price adjustments by a nonprofit organization with less than $100 million in annual sales or revenues derived from transactions in property or services which are not exempt under Subpart D of this part or otherwise excluded from coverage of this title. not (2) Exception—prenotification waived. The waiver of the prenotification requirements of this paragraph does not apply to those price adjustments made by a nonprofit organization (i) which operates a mass transportation system, the fares of which are not otherwise regulated, or (ii) which is engaged in construction as defined by section 11 of Executive Order No. 11588 (3 CFR 1971 Comp., 36 F.R. 6339), with annual sales or revenues of $50 million or more insofar as price adjustments apply to the activities described in subdivisions (i) and (ii) of this subparagraph. (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 to established by those utilities subject to the conditions and procedures prescribed in § 300.16 and § 300.16a 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 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. (f) 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 the firm of such goods or services are less than $100 million with any two-digit Standard Industrial Classification as published in the 1972 Standard Industrial Classification Manual by the Office of the Management and Budget (formerly the Bureau of the Budget): Provided, however, That the operations of this rule shall not permit a modification of the prenotification requirements for any price adjustment: (1) Of & mass transportation system, the fares of which are not otherwise regulated; (2) For construction as defined by section 11 of Executive Order No. 11588 (3 CFR 1971 Comp., 36 F.R. 6339) by a firm with annual sales or revenues of $50 million or more derived from construction. (g) Price adjustments for regulated milk and milk products subject to the conditions and procedures prescribed in § 300.17 of this title. (h) Price adjustments proposed or established by low-profit firms as defined in and subject to the conditions and procedures prescribed in § 300.31 of this title. (i) Price adjustments for institutional or noninstitutional providers of health services subject to the conditions and procedures prescribed in §§ 300.18 and 300.19 of this title. (j) Nonprofit organizations: (k) Price adjustments for items which are exempt under Subpart D of this Part or otherwise excluded from coverage of this title. [37 F.R. 1238, Jan. 27, 1972, as amended at 37 F.R. 5701, Mar. 18, 1972; 37 F.R. 8940, May 3, 1972; 37 F.R. 13477, July 8, 1972; 37 F.R. 19798, Sept. 22, 1972] § 101.17 Modification of reporting re quirements. (a) 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 submited 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. (b) Notwithstanding the provisions of §§ 101.11 and 101.13 and except as otherwise provided in § 101.13(a) (2) and §§ 300.18 and 300.19 of this title, quarterly reports to the Price Commission need not be submitted by an institutional or noninstitutional provider of health services having annual sales or revenues of $50 million or more. (c) Nonprofit organizations: (1) General rule-reporting waived. Notwithstanding the provisions of §§ 101.11 and 101.13 quarterly reports to the Price Commission need not be submitted by a nonprofit organization with less than $50 million derived from transactions in property or services which are not exempt under Subpart D to this part, or otherwise excluded from coverage of this title. (2) Exception-reporting not waived. Waiver of the reporting requirements of §§ 101.11 and 101.13 does not apply to prices, costs, and profits of a nonprofit organization (1) which owns or operates an institutional or noninstitutional provider of health services (as defined in §§ 300.18 and 300.19 of this title) with annual sales or revenues in excess of $1 million, and which has received an exception from the Price Commission from the price adjustment limitations imposed in §§ 300.18 and 300.19 of this title; or (ii) which is engaged in construction as defined by section 11 of Executive Order No. 11588 (3 CFR 1971 Comp., 36 F.R. 6339), with annual sales or revenues of $25 million or more, insofar as the prices, costs, and profits apply to the activities described in subdivisions (1) and (ii) of this subparagraph. (d) Notwithstanding the provisions of §§ 101.11 and 101.13 quarterly reports to the Price Commission need not be submitted by a firm whose total annual sales or revenues are derived from transactions involving goods and services which are exempt under Subpart D or otherwise excluded from coverage of this title. [37 F.R. 13477, July 8, 1972, as amended at 37 F.R. 19798, Sept. 22, 1972] § 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- § 101.21 Category I pay adjustments; construction pay adjustments; State mandated pay adjustments; prenotification requirements. (a) A category I pay adjustment means: (1) A pay adjustment which applies to or affects 5,000 or more employees; (2) A pay adjustment which applies to or affects the wages and salaries (as defined in section 11(b) of Executive Order No. 11588 (3 CFR, 1971 Comp., 36 F.R. 6339)) of employees engaged in Pay adjustments which affect the employees of State and local governments, except those pay adjustments defined in § 101.21 (a) (3), need not be submitted to the Pay Board in accordance with the provisions of § 101.21 (b) and (c). 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 govern ment's fiscal year and each 6 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. [87 F.R. 19799, Sept. 22, 1972] § 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 § 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. Stumpage or trees cut from stump. the Mixed feed. oil, cottonseed meal. Nonexempt Frozen french fries, dehydrated potatoes. Milled rice. Roasted, salted, or otherwise processed nuts. Canned or freeze dried mushrooms. Fresh hops. beets sugarcane. Maple sap. All seeds for plant- Seeds processed for other and Refined sugar. ing. uses. Raw coffee bean___ Roasted coffee bean. Canned and frozen veg etables. Dill pickles. Package slaw. Popped popcorn. Milled lumber. Canned fruit or juices. prune juice. Canned olives. Floral wreath. Shell, eggs packaged or loose. Raw honeycomb honey. Fresh potatoes, packaged or not. All raw nutsshelled and unshelled. Garden plants. (2) Special rule: Only the first sale by the producer or grower of those agricultural products which are of a type sold for ultimate consumption in their original physical form is exempt. Examples of these products are: Fresh mushrooms. Fresh mint. Dried beans, peas, and lentils. All fresh vegetables and melons including: Tomatoes. and Brussel sprouts. Unpopped popcorn. Peaches. Strawberries. Grapefruit. Pears. Lemons. Plums and prunes, |