[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