[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Rules and Regulations]
[Pages 47484-47485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22138]
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DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Part 697
Industries in American Samoa; Wage Order
AGENCY: Wage and Hour Division, Employment Standards Administration,
Labor.
ACTION: Final rule.
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SUMMARY: Under the Fair Labor Standards Act (FLSA), minimum wage rates
in American Samoa are set by a special industry committee appointed by
the Secretary of Labor. This document puts into effect the minimum wage
rates recommended for various industry categories by Industry Committee
No. 21, which met in Pago Pago, American Samoa during the week of June
12, 1995. The new minimum wage rates are effective 15 days after their
publication in the Federal Register.
EFFECTIVE DATE: This rule is effective on September 28, 1995.
FOR FURTHER INFORMATION CONTACT:
Daniel F. Sweeney, Deputy Assistant Administrator, Wage and Hour
Division, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
S-3028, Washington, DC 20210; telephone: (202) 219-8353. This is not a
toll free number.
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act
There are no reporting or recordkeeping requirements contained in
this rule.
II. Background
Pursuant to sections 5, 6, and 8 of the Fair Labor Standards Act of
1938 (52 Stat. 1062, 1064), as amended (29 U.S.C. 205, 206, 208) and
Reorganization Plan No. 6 of 1950 (3 CFR 1949-53 Comp., P. 1004), and
by means of Administrative Order No. 662 (60 FR 19099), the Secretary
of Labor appointed and convened Industry Committee No. 21 for
Industries in American Samoa, referred to the Committee the question of
the minimum rates of wages to be paid under section 8 of FLSA to
employees within the industries, and gave notice of a hearing to be
held by the Committee.
As required by the Secretary's notice, Industry Committee No. 21
conducted an investigation and hearing in Pago Pago, American Samoa
during the week of June 12, 1995. Subsequently, the Committee filed
with the Administrator of the Wage and Hour Division a report, dated
June 19, 1995, containing its findings of fact and recommendations with
respect to minimum wages for various industry classifications.
Accordingly, as authorized and required by section 8 of the Fair
Labor Standards Act of 1938, Reorganization Plan No. 6 of 1950 and 29
CFR 511.18, this rule revises Secs. 697.1 and 697.3 of 29 CFR Part 697
to implement the recommendations of Industry Committee No. 21.
Executive Order 12866/Section 202 of the Unfunded Mandates Reform Act
of 1995
This rule is not a ``significant regulatory action'' within the
meaning of Executive Order 12866, and no regulatory impact analysis is
required. This document puts into effect the wage rates recommended by
Industry Committee No. 21 that met in Pago Pago, American Samoa during
the week of June 12, 1995. The Committee recommended increases in
various industry categories, ranging from 5 cents per hour for fish
canning and processing and can manufacturing, the largest private
industry in American Samoa, the 35 cents per hour, in two steps, in
finance and insurance and private hospitals and educational
institutions. When these increases are fully implemented, wage rates
will range from $2.45 an hour (government and miscellaneous industries)
to $3.75 an hour, shipping and transportation, classification A
(stevedoring, lighterage, and maritime shipping agency). There are
approximately 16,000 employees in the various industry classifications.
Based on the number of workers whose wages must be increased to the new
minimum wage levels in 1995 and/or 1996, and assuming that employees
currently paid at or in excess of the new minimum wages will also
receive commensurate wage increases to maintain relative pay
comparability, increases in the overall annual wage bill are expected
to be modest--approximately $7 million in 1995 and $5 million in 1996.
Thus, this rule is not expected to result in a rule that may: (1) Have
an annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities; (2)
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in Executive Order 12866.
For similar reasons, the rule does not require a Sec. 202 statement
under the Unfunded Mandates Reform Act of 1995. In this regard, wage
order procedures under 29 CFR Part 511 require residents of American
Samoa to be included in the composition of any industry committee.
Individuals are
[[Page 47485]]
nominated by the American Samoa government to serve of committees and
its representatives also provide testimony and make commendations at
hearing proceedings.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for the rule
under 5 U.S.C. 553(b), the requirements of the Regulatory Flexibility
Act, Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq. pertaining to
regulatory flexibility analysis, do not apply to this rule. See 5
U.S.C. 601(2).
Document Preparation
This document was prepared under the direction and control of Maria
Echaveste, Administrator, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor.
List of Subjects on 29 CFR Part 697
Minimum wages, American Samoa.
Promulgation of Final Rule
Because, under sections 5, 6, and 8 of the Fair Labor Standards Act
and 29 CFR 511.18, the Department has no authority to approve or modify
the rates recommended by the industry committee, the Department finds,
pursuant to 5 U.S.C. 553.(b)(3)(B), that notice and public comment
thereon under the Administrative Procedure Act are not necessary.
Accordingly, Part 697 of Chapter V of Title 29, Code of Federal
Regulations is amended as set forth below.
Signed at Washington, D.C. this 31st day of August, 1995.
Maria Echaveste,
Administrator, Wage and Hour Division.
PART 697--INDUSTRIES IN AMERICAN SAMOA
1. The authority citation for Part 697 continues to read as
follows:
Authority: Secs. 5, 6, 8, 52 Stat. 1062, 1064; 29 U.S.C. 205,
206, 208.
2. Section 697.1 is amended by revising paragraphs (a)(1), (b)(1),
(b)(2)(ii), (b)(2)(iii), (c)(1), (d)(1), (e)(1), (f)(1), (g)(1),
(h)(1), (i)(1), (j)(1), (k)(1), (l)(1), (m)(1), and (n)(1) to read as
follows:
Sec. 697.1 Wage rates and industry definitions.
* * * * *
(a) Fish canning and processing and can manufacturing industry. (1)
The minimum wage for this industry is $3.10 an hour effective July 1,
1996.
* * * * *
(b) Shipping and transportation industry. (1) The minimum wage for
classification A, stevedoring, lighterage and maritime shipping agency
activities, is $3.65 an hour effective on September 28, 1995, the date
specified in Sec. 697.3; and $3.75 an hour effective July 1, 1996. The
minimum wage for classification B, unloading of fish, is $3.60 an hour
effective on September 28, 1995, the date specified in Sec. 697.3; and
$3.70 an hour effective July 1, 1996. The minimum wage for
classification C, all other activities, is $3.50 an hour effective on
September 28, 1995, the date specified in Sec. 697.3; and $3.62 an hour
effective July 1, 1996.
(2) * * *
(ii) Classification B: Unloading of fish. This classification shall
include the unloading of raw and/or frozen fish from vessels.
(iii) Classification C: All other activities. All other activities
in the shipping and transportation industry.
(c) Tour and travel service industry. (1) The minimum wage for this
industry is $3.00 an hour effective on September 28, 1995, the date
specified in Sec. 697.3; and $3.10 an hour effective July 1, 1996.
* * * * *
(d) Petroleum marketing industry. (1) The minimum wage for this
industry is $3.45 an hour effective on September 28, 1995, the date
specified in Sec. 697.3; and $3.55 an hour effective July 1, 1996.
* * * * *
(e) Construction industry. (1) The minimum wage for this industry
is $3.05 an hour effective on September 28, 1995, the date specified in
Sec. 697.3; and $3.20 an hour effective July 1, 1996.
* * * * *
(f) Hotel industry. (1) The minimum wage for this industry is $2.45
an hour effective on September 28, 1995, the date specified in
Sec. 697.3; and $2.60 an hour effective July 1, 1996.
* * * * *
(g) Retailing, wholesaling, and warehousing industry. (1) The
minimum wage for this industry is $2.70 an hour effective on September
28, 1995, the date specified in Sec. 697.3; and $2.80 an hour effective
July 1, 1996.
* * * * *
(h) Ship maintenance industry. (1) The minimum wage for this
industry is $3.00 an hour effective on September 28, 1995, the date
specified in Sec. 697.3; and $3.10 an hour effective July 1, 1996.
* * * * *
(i) Bottling, brewing, and dairy products industry. (1) The minimum
wage for this industry is $2.85 an hour effective on September 28,
1995, the date specified in Sec. 697.3; and $2.95 an hour effective
July 1, 1996.
* * * * *
(j) Printing and publishing industry. (1) The minimum wage for this
industry is $3.05 an hour effective on September 28, 1995, the date
specified in Sec. 697.3; and $3.20 an hour effective July 1, 1996.
* * * * *
(k) Finance and insurance industry. (1) The minimum wage for this
industry is $3.45 an hour effective on September 28, 1995, the date
specified in Sec. 697.3; and $3.60 an hour effective July 1, 1996.
* * * * *
(l) Private hospitals and educational institutions. (1) The minimum
wage for this industry is $3.00 an hour effective on September 28,
1995, the date specified in Sec. 697.3; and $3.10 an hour effective
July 1, 1996.
* * * * *
(m) Government employees industry. (1) The minimum wage for this
industry is $2.45 an hour effective October 1, 1996.
* * * * *
(n) Miscellaneous activities industry. (1) The minimum wage for
this industry is $2.35 an hour effective on September 28, 1995, the
dated specified in Sec. 697.3; and $2.45 an hour effective July 1,
1996.
* * * * *
3. Section 697.3 is revised to read as follows:
Sec. 697.3 Effective dates.
The wage rates specified in Sec. 697.1 shall be effective on
September 28, 1995, except as otherwise specified.
[FR Doc. 95-22138 Filed 9-12-95; 8:45 am]
BILLING CODE 4510-27-M
