Industries in American Samoa; Wage Order
[10/03/2005]
Volume 70, Number 190, Page 57721-57724
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Part IV
Department of Labor
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Wage and Hour Division
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29 CFR Part 697
Industries in American Samoa; Wage Order; Final Rule
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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: The Department of Labor (DOL) is amending regulations to
implement changes in the minimum wage rates applicable to various
industry classifications in American Samoa under the Fair Labor
Standards Act (FLSA). The FLSA provides for a special industry
committee appointed by the Secretary of Labor to determine minimum wage
rates in American Samoa. Industry Committee for All Industries in
American Samoa No. 26 (the Committee) met in public and executive
session in Pago Pago, American Samoa during the week of June 20, 2005.
DATES: This rule shall become effective October 18, 2005.
FOR FURTHER INFORMATION CONTACT: Nancy M. Flynn, Director, Office of
Planning and Analysis, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Room S-3502, 200 Constitution
Avenue, NW., Washington, DC 20210: telephone (202) 693-0551. (This is
not a toll free number.)
You may direct questions of interpretation and/or enforcement of
regulations issued by this agency or referenced in this notice to the
nearest Wage and Hour Division (WHD) District Office. Locate the
nearest office by calling the WHD toll-free help line at 1-866-4US-WAGE
(1-866-487-9243) between 8 a.m. and 5 p.m. in your local time zone, or
log onto the agency website for a nationwide listing of WHD District
and Area Offices at: http://www.dol.gov/esa/contacts/whd/america2.htm.
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act
This regulation is not subject to the Paperwork Reduction Act (Pub.
L. 104-13), because it contains no new information collection
requirements and does not modify any existing requirements.
II. Summary of Changes
This regulation implements the recommendations made by the
Committee for minimum wage rates applicable to all industries in
American Samoa. The recommendations increase the minimum wages in the
government employees, ship maintenance, hotel, tour and travel services
as well as miscellaneous activities industry classifications by 5
percent over a two-year period. The Committee retained the previously
established minimum wage rates for all other industries. Section 697.2
provides all the industry wage rates and their effective dates in table
form. The rates provided under the column heading ``October 3, 2005''
are those established prior to the effective date of the rates
recommended by Industry Committee No. 26. The final two columns of the
table provide the rates effective on October 18, 2005 and October 1,
2006. Section 697.4 specifies the overall effective date of the revised
minimum wage rates.
III. Background
FLSA section 8 and Regulations 29 CFR 511.18 require and authorize
revision of Regulations 29 CFR 697.2 and 697.4, to implement
recommendations made by industry committees for setting minimum wage
rates in American Samoa. The Secretary of Labor appointed and convened
the Committee, pursuant to FLSA sections 5, 6 and 8. The Secretary
published an Administrative Order in the Federal Register on May 4,
2005 (70 FR 23236), that referred to the Committee the question of
minimum wage rates to be paid under FLSA section 6 to employees within
the various industries and gave notice of a hearing to be held by the
Committee in Pago Pago, American Samoa.
Subsequent to the hearing, the Committee filed a report containing
findings of fact and recommendations with respect to minimum wage rates
for various industry classifications with the Administrator of the WHD.
Attachment A to the Industry Committee No. 26 Report is a written
dissent prepared by the two Committee members representing employees.
FLSA section 8(d) (29 U.S.C. 208(d)) requires that this rule reflect
the recommendations contained in the Committee's report and that it be
effective 15 days after publication in the Federal Register of the
order containing such recommendations. In this instance, because of a
delay in the publication of this notice and the statutory requirement
that the rule become effective 15 days after publication in the Federal
Register, it is necessary to delay the effective date of October 1,
2005 recommended by the Committee for the initial increase until
October 18, 2005.
IV. Executive Order 12866 and Small Business Regulatory Enforcement
Fairness Act
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. 26.
This rule is not expected to: (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.
The rule is not a major rule within the meaning of the Small
Business Regulatory Enforcement Fairness Act of 1996. Although the rule
will solely affect industries in American Samoa, the DOL does not
expect its impact on costs or prices to be major, for the reasons
previously discussed.
V. Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.
1532, this rule does not include any Federal mandate that may result in
excess of $100 million in expenditures by state, local and tribal
governments in the aggregate or by the private sector.
VI. Executive Order 13132 (Federalism)
The Department has (1) reviewed this rule in accordance with
Executive Order 13132 regarding federalism and (2) determined that it
does not have federalism implications. The rule does not have
substantial direct effects on the States, on the relationship between
the national government and the States or on the distribution of power
and responsibilities among the various levels of government.
VII. Administrative Procedure Act
The Administrative Procedure Act (APA), 5 U.S.C. 553, normally
requires notice and an opportunity for public comment when an agency
amends a substantive rule. The APA, however, contains exceptions to the
notice and comment provisions for (1) ``interpretative rules, general
statements
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of policy, or rules of agency organization, procedure, or practice''
and (2) rules where the agency for good cause finds that notice and
public comment are ``impracticable, unnecessary, or contrary to the
public interest.'' Agencies may immediately adopt rules subject to the
exceptions. The agency hereby finds that good cause exists for
dispensing with prior notice and public comment procedures for these
changes and for issuance of this rule without publication 30 days in
advance of its effective date, as normally required by the APA. (See 5
U.S.C. 553(b) and (d).) FLSA section 8(d) (29 U.S.C. 208(d)) requires
that this rule reflect the recommendations contained in the Committee's
report and that it be effective 15 days after publication in the
Federal Register of the order containing such recommendations.
VIII. Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., that pertain to regulatory flexibility analysis do not apply to
this rule, because no notice of proposed rulemaking is required for the
rule under the APA. (See 5 U.S.C. 601(2).)
IX. Executive Order 13175, Indian Tribal Governments
This rule does not have ``tribal implications'' under Executive
Order 13175 that would require a tribal summary impact statement. The
rule does not have ``substantial direct effects on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
X. Effects on Families
The undersigned hereby certifies that the rule will not adversely
affect the well-being of families, as discussed under section 654 of
the Treasury and General Government Appropriations Act, 1999.
XI. Executive Order 13045, Protection of Children
This rule has no environmental health risk or safety risk that may
disproportionately affect children.
XII. Environmental Impact Assessment
A review of this rule in accordance with the requirements of the
National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, et
seq.; the regulations of the Council on Environmental Quality, 40 CFR
part 1500, et seq.; and the Departmental NEPA procedures, 29 CFR part
11, indicates the rule will not have a significant impact on the
quality of the human environment. There is, thus, no corresponding
environmental assessment or an environmental impact statement.
XIII. Executive Order 13211, Energy Supply
This rule is not subject to Executive Order 13211. It will not have
a significant adverse effect on the supply, distribution or use of
energy.
XIV. Executive Order 12630, Constitutionally Protected Property Rights
This rule is not subject to Executive Order 12630, because it does
not involve implementation of a policy ``that has takings
implications'' or that could impose limitations on private property
use.
XIV. Executive Order 12988, Civil Justice Reform Analysis
This rule was drafted and reviewed in accordance with Executive
Order 12988 and will not unduly burden the Federal court system. The
rule was: (1) Reviewed to eliminate drafting errors and ambiguities;
(2) written to minimize litigation; and (3) written to provide a clear
legal standard for affected conduct and to promote burden reduction.
XV. Document Preparation
This document was prepared under the direction and control of
Alfred B. Robinson, Jr., Deputy Administrator, Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor.
List of Subjects in 29 CFR Part 697
American Samoa, Minimum wages.
Signed at Washington, DC, this 26th day of September, 2005.
Victoria A. Lipnic,
Assistant Secretary, Employment Standards Administration.
Alfred B. Robinson, Jr.,
Deputy Administrator, Wage and Hour Division.
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For the reasons set forth above, title 29, Part 697 of the Code of
Federal Regulations is amended as set forth below.
PART 697--INDUSTRIES IN AMERICAN SAMOA
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1. The authority citation for part 697 continues to read as follows:
Authority: 29 U.S.C. 205, 206, 208.
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2. Section 697.2 is revised to read as follows:
Sec. 697.2 Industry wage rates and effective dates.
Every employer shall pay to each employee in American Samoa, who in
any workweek is engaged in commerce or in the production of goods for
commerce, or is employed in any enterprise engaged in commerce or in
the production of goods for commerce, as these terms are defined in
section 3 of the Fair Labor Standards Act of 1938, wages at a rate not
less than the minimum rate prescribed in this section for the
industries and classifications in which such employee is engaged.
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Minimum wage
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Industry Effective Effective Effective
October 3, 2005 October 18, 2005 October 1, 2006
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(a) Government Employees............................... $2.77 $2.84 $2.91
(b) Fish Canning and Processing........................ 3.26 3.26 3.26
(c) Petroleum Marketing................................ 3.85 3.85 3.85
(d) Shipping and Transportation:
(1) Classification A............................... 4.09 4.09 4.09
(2) Classification B............................... 3.92 3.92 3.92
(3) Classification C............................... 3.88 3.88 3.88
(e) Construction....................................... 3.60 3.60 3.60
(f) Retailing, Wholesaling, and Warehousing............ 3.10 3.10 3.10
(g) Bottling, Brewing, and Dairy Products.............. 3.19 3.19 3.19
(h) Printing........................................... 3.50 3.50 3.50
(i) Publishing......................................... 3.63 3.63 3.63
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(j) Finance and Insurance.............................. 3.99 3.99 3.99
(k) Ship Maintenance................................... 3.34 3.42 3.51
(l) Hotel.............................................. 2.86 2.93 3.00
(m) Tour and Travel Services........................... 3.31 3.39 3.48
(n) Private Hospitals and Educational Institutions..... 3.33 3.33 3.33
(o) Garment Manufacturing.............................. 2.68 2.68 2.68
(p) Miscellaneous Activities........................... 2.57 2.63 2.70
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3. Section 697.4 is revised to read as follows:
Sec. 697.4 Effective dates.
The wage rates specified in Sec. 697.2 shall be effective on
October 18, 2005, except as otherwise specified.
[FR Doc. 05-19738 Filed 9-30-05; 8:45 am]
BILLING CODE 4510-27-P
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