/Vol. 64, No. 171/Friday, September 3, 1999/Rules and Regulations
DEPARTMENT OF LABORWage and Hour Division29 CFR Part 697Industries in American Samoa; WageOrder
Wage and Hour Division,Employment Standards Administration,Labor.
Under the Fair LaborStandards Act, minimum wage rates inAmerican Samoa are set by a specialindustry committee appointed by theSecretary of Labor. This document putsinto effect the minimum wage ratesrecommended for various industrycategories by Industry Committee No. 23which met in Pago Pago, AmericanSamoa, during the week of June 7, 1999.
This rule shall become effectiveon September 20, 1999.Applicability date: The newminimum wage rates are effective onSeptember 20, 1999, unless otherwisenoted.
FOR FURTHER INFORMATION CONTACT
Arthur M. Kerschner, Jr., Office of Enforcement Policy, Child Labor andSpecial Employment Team, Wage andHour Division, Employment StandardsAdministration, U.S. Department of Labor, Room S–3510, 200 ConstitutionAvenue, NW., Washington, DC 20210:telephone (202) 693–0072. This is not atoll free number. Copies of the FinalRule in alternative formats may beobtained by calling (202) 693–0072 or(202) 693–1461 (TTY). The alternativeformats available are large print,electronic file on computer disk (WordPerfect, ASCII, Mates with DuxburyBraille System) and audio-tape.
I. Paperwork Reduction Act
This rule contains no reporting orrecordkeeping requirements which aresubject to review and approval by theOffice of Management and Budget(OMB) under the Paperwork ReductionAct of 1995 (Pub. L. 104–13).
Pursuant to sections 5, 6, and 8 of theFair Labor Standards Act of 1938 (52Stat. 1062, 1064), as amended (29 U.S.C.205, 206, 208) and Reorganization PlanNo. 6 of 1950 (3 CFR 1949–53 Comp.,p. 1004), and by means of Administrative Order No. 664 (64 FR13822), the Secretary of Labor appointedand convened Industry Committee No.23 for Industries in American Samoa,referred to the Committee the questionof the minimum rates of wages to bepaid under section 8 of the FLSA toemployees within the industries, andgave notice of a hearing to be held bythe Committee.Subsequent to an investigation and ahearing conducted in Pago Pagopursuant to the notice, the Committeefiled with the Administrator of the Wageand Hour Division a report containingits findings of fact andrecommendations with respect tominimum wage rates for variousindustry classifications. The Committeealso corrected a typographical error thatpreviously appeared in the definition of shipping and transportation. The FLSArequires that the Secretary publish thisreport in the
andfurther requires that therecommendations in the report beeffective 15 days after publication.Accordingly, as authorized andrequired by section 8 of the Fair LaborStandards Act of 1938, ReorganizationPlan No. 6 of 1950 and 29 CFR 511.18,this rule hereby revises §697.1 and697.3 of 29 CFR part 697 to implementthe recommendations of IndustryCommittee No. 23.
Executive Order 12866/Section 202 of the Unfunded Mandates Reform Act of 1995 and Small Business RegulatoryEnforcement Fairness Act
This rule is not a ‘‘significantregulatory action’’ within the meaningof Executive Order 12866, and noregulatory impact analysis is required.This document puts into effect the wagerates recommended by IndustryCommittee No. 23 which met in PagoPago, American Samoa during the week of June 7, 1999. The Committeerecommended increases over two yearsin various industry categories; rangingfrom 3 cents per hour for the bottling,brewing, and dairy products industry; to12 cents per hour over two years for thegovernment employees industry.When these increases are fullyimplemented, wage rates will rangefrom $2.50 an hour (miscellaneousactivities) to $3.97 an hour (shippingand transportation, classification A,stevedoring, lighterage, and maritimeshipping activities).There are approximately 16,000employees in the various industryclassifications. Based on the number of workers whose wages must be increasedto the new minimum wage levels in1999 and/or 2000, and assuming thatemployees currently paid at or in excessof the new minimum wages will alsoreceive commensurate wage increases tomaintain relative pay comparability,increases in the overall annual wage billare expected to be very modest—approximately $618,000 in 1999 and$1.4 million (cumulative) in 2000. Thusthis rule is not expected to result in arule that may (1) have an annual effecton the economy of $100 million or moreor adversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or tribal governments orcommunities; (2) create a seriousinconsistency or otherwise interferewith an action taken or planned byanother agency; (3) materially alter thebudgetary impact of entitlements,grants, user fees, or loan programs or therights and obligations of recipientsthereof; or (4) raise novel legal or policyissues arising out of legal mandates, thePresident’s priorities, or the principlesset forth in Executive Order 12866.For reasons similar to those notedabove, the rule does not require asection 202 statement under theUnfunded Mandates Reform Act of 1995. Because the Secretary has noauthority to change a recommendationof the Industry Committee, compliancewith Executive Order 12875 is neitherfeasible nor permitted by law, and inany event, the rule is not a significantrule.Furthermore, a resident of AmericanSamoa is nominated by the Governor of American Samoa as a public member of the Industry Committee. Itsrepresentatives also provided testimonyand made recommendations at thehearing.Finally, the rule is not a major rulewithin the meaning of the SmallBusiness Regulatory EnforcementFairness Act of 1996. Although the rulewill impact solely on American Samoa,its impact is not expected to besignificant, for the reasons discussedabove.
Regulatory Flexibility Act
Because no notice of proposedrulemaking is required for the ruleunder 5 U.S.C. 553(b), the requirementsof the Regulatory Flexibility Act, Pub. L.96–354, 94 Stat. 1164, 5 U.S.C. 601
pertaining to regulatory flexibilityanalysis, do not apply to this rule. See5 U.S.C. 601(2).
Administrative Procedure Act
Good cause exists for issuance of thisrule without publication 30 days inadvance of its effective date, as normallyrequired by section 553(d) of theAdministrative Procedure Act. Asdiscussed above, section 8 of the FLSArequires that the rule be effective 15days after publication.