[Federal Register Volume 68, Number 152 (Thursday, August 7, 2003)]
[Rules and Regulations]
[Pages 46949-46951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20096]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

[[Page 46950]]

SUMMARY: Under the Fair Labor Standards Act, 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. 25 (the Committee), which met in public and executive session in 
Pago Pago, American Samoa, during the week of June 16, 2003.

DATES: This rule shall become effective August 22, 2003.

FOR FURTHER INFORMATION CONTACT: For information specifically about 
this final rule, contact Nancy 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.) Copies of the final rule in alternative formats may be 
obtained by calling (202) 693-0541 or (202) 693-1461 (TTY). The 
alternative formats available are large print, electronic file on 
computer disk (Word Perfect, ASCII, Mates with Duxbury Braille System) 
and audiotape.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    This rule contains no reporting or record keeping requirements 
which are subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act of 1995 (Pub. L. 
104-13).

II. Background

    Pursuant to sections 5, 6, and 8 of the Fair Labor Standards Act of 
1938, as amended (29 U.S.C. 205, 206, 208), and by means of the 
Administrative Order published in the Federal Register on April 23, 
2003 (Vol. 68, No. 78 FR 20032), the Secretary of Labor appointed and 
convened Industry Committee No. 25 for Industries in American Samoa, 
referred to the Committee the question of the minimum rates of wages to 
be paid under section 8 of the FLSA to employees within the industries, 
and gave notice of a hearing to be held by the Committee.
    Subsequent to a hearing conducted in Pago Pago pursuant to the 
notice, the Committee filed with the Administrator of the Wage and Hour 
Division a report containing its findings of fact and recommendations 
with respect to minimum wage rates for various industry 
classifications.\1\ The FLSA requires that the Secretary publish the 
recommendations in the Federal Register and further requires that the 
recommendations in the report be effective 15 days after publication. 
Accordingly, as authorized and required by section 8 of the Fair Labor 
Standards Act of 1938 and 29 CFR 511.18, this rule hereby revises Secs. 
697.2 and 697.4 of 29 CFR part 697 to implement the recommendations of 
Industry Committee No. 25.
---------------------------------------------------------------------------

    \1\ The Report of Industry Committee No. 25 includes as 
Attachment A, a written ``Justification for No Minimum Wage 
Increase,'' which was prepared by the three members of the Committee 
who are residents of American Samoa. Attachment B is a dissent 
prepared by the two Committee members who represented employees. 
Copies of the Report may be obtained by contacting Nancy Flynn at 
202-693-0551 or by e-mail at [email protected].
---------------------------------------------------------------------------

III. Executive Order 12866, Section 202 of the Unfunded Mandates Reform 
Act of 1995 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. 25, which met in Pago Pago, American Samoa 
during the week of June 16, 2003. The Committee recommended no wage 
rate increases in any of the industry categories. The wage rates that 
were effective on October 1, 2002 will remain in effect.
    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 reasons similar to those noted above, the rule does not require 
a Sec. 202 statement under the Unfunded Mandates Reform Act of 1995.
    Finally, the rule is not a major rule within the meaning of the 
Small Business Regulatory Enforcement Fairness Act of 1996. Although 
the rule will impact solely on American Samoa, its impact on costs or 
prices is not expected to be major, for the reasons discussed above.

IV. Executive Order 13132 (Federalism)

    The Department has reviewed this rule in accordance with Executive 
Order 13132 regarding federalism, and has 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.

V. Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for the rule 
under 5 U.S.C. 533(b), the requirements of the Regulatory Flexibility 
Act, Public Law 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).

VI. Administrative Procedure Act

    Good cause exists for issuance of this rule without publication 30 
days in advance of its effective date, as normally required by section 
553(d) of the Administrative Procedure Act. As discussed above, Section 
8 of the FLSA requires that the rule be effective 15 days after 
publication.

VII. Document Preparation

    This document was prepared under the direction and control of Tammy 
D. McCutchen, Wage and Hour Division, Employment Standards 
Administration, U.S. Department of Labor.

List of Subjects in 29 CFR Part 697

    American Samoa, Minimum wages.


0
Accordingly, part 697 of chapter V of title 29, Code of Federal 
Regulations is amended as set forth below.

PART 697--INDUSTRIES IN AMERICAN SAMOA

0
1. The authority citation for part 697 continues to read as follows:

    Authority: 29 U.S.C. 205, 206, 208.


0
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 of his employees 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

[[Page 46951]]

for the industries and classifications in which such employee is 
engaged.
    Effective date: Oct. 1, 2003

Industry

(a) Government Employees--$2.77
(b) Fish Canning and Processing--$3.26
(c) Petroleum Marketing--$3.85
(d) Shipping and Transportation:
    (1) Classification A--$4.09
    (2) Classification B--$3.92
    (3) Classification C--$3.88
(e) Construction--$3.60
(f) Retailing, Wholesaling, and Warehousing--$3.10
(g) Bottling, Brewing, and Dairy Products--$3.19
(h) Printing--$3.50
(i) Publishing--$3.63
(j) Finance and Insurance--$3.99
(k) Ship Maintenance--$3.34
(l) Hotel--$2.86
(m) Tour and Travel Services--$3.31
(n) Private Hospitals and Educational Institutions--$3.33
(o) Garment Manufacturing--$2.68
(p) Miscellaneous Activities--$2.57


0
3. Section 697.4 is revised to read as follows:


Sec. 697.4  Effective dates.

    The wage rates specified in Sec.  697.2 are effective on October 1, 
2003.

    Signed at Washington, DC, this 1st day of August 2003.
Tammy D. McCutchen,
Administrator, Wage and Hour Division.
[FR Doc. 03-20096 Filed 8-6-03; 8:45 am]
BILLING CODE 4510-27-P