52944 Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations

if any, may be obtained from the Atlanta

Aircraft Certification Office.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the aircraft to

a location where the requirements of this AD

can be accomplished.

(f) The actions required by this AD shall be

done in accordance with the following TCM

CSB:

Document No. Pages Date

CSB97–10A ....... 1–11 July 15, 1997.

Total pages: 11.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Teledyne Continental Motors, PO Box

90, Mobile, AL 36601; telephone toll free

(888) 826–5874. Copies may be inspected at

the FAA, New England Region, Office of the

Assistant Chief Counsel, 12 New England

Executive Park, Burlington, MA; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(g) This amendment supersedes priority

letter AD 97–15–01, issued July 17, 1997.

(h) This amendment becomes effective on

October 27, 1997.

Issued in Burlington, Massachusetts, on

September 30, 1997.

James C. Jones,

Assistant Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 97–26797 Filed 10–9–97; 8:45 am]

BILLING CODE 4910–13–P

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.

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. 22

which met in Pago Pago, American

Samoa, during the week of June 22,

1997.

DATES: This rule shall become effective

on October 27, 1997.

Applicability date: The new

minimum wage rates are effective on

October 27, 1997 unless otherwise

noted.

FOR FURTHER INFORMATION CONTACT:

Arthur M. Kerschner, Jr., Office of

Enforcement Policy, Child Labor and

Special Employment Team, Wage and

Hour Division, Employment Standards

Administration, U.S. Department of

Labor, Room S–3510, 200 Constitution

Avenue, NW., Washington, D.C. 20210:

telephone (202) 219–7640. This is not a

toll free number. Copies of the Final

Rule in alternative formats may be

obtained by calling (202) 219–7605,

(202) 219–4634 (TDD). The alternative

formats available are large print,

electronic file on computer disk and

audio-tape.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

This rule contains no reporting or

recordkeeping 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 (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. 663 (62 F.R.

14446), the Secretary of Labor appointed

and convened Industry Committee No.

22 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 an investigation and 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. The FLSA

requires that the Secretary publish this

report 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, Reorganization

Plan No. 6 of 1950 and 29 CFR 511.18,

this rule hereby revises § 697.1 and

697.3 of 29 CFR part 697 to implement

the recommendations of Industry

Committee No. 22.

Executive Order 12866/Section 202 of

the Unfunded Mandates Reform Act of

1995 and Executive Order 12875/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. 22 which met in Pago

Pago, American Samoa during the week

of June 22, 1997. The Committee

recommended increases over two years

in various industry categories, ranging

from 6 cents per hour for the shipping

and transportation industry,

classification B—unloading of fish from

marine vessels; to 25 cents per hour for

the publishing industry.

When these increases are fully

implemented, wage rates will range

from $2.45 an hour (miscellaneous

activities) to $3.87 an hour (shipping

and transportation, classification A,

stevedoring, lighterage, and maritime

shipping activities).

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

1997 and/or 1998, 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 $208,000 in 1997 and

$2.8 million in 1998. 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 reasons similar to those noted

above, the rule does not require a § 202

statement under the Unfunded

Mandates Reform Act of 1995. Because

the Secretary has no authority to change

a recommendation of the Industry

Committee, compliance with Executive
Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations 52945

Order 12875 is neither feasible nor

permitted by law, and in any event, the

rule is not a significant rule.

Furthermore, a resident of American

Samoa is nominated by the Governor of

American Samoa as a public member of

the industry committee. Its

representatives also provided testimony

and made recommendations at the

hearing.

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 is not expected to be

significant, for the reasons discussed

above.

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).

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 the § 553(d) of the

Administrative Procedure Act. As

discussed above, § 8 of the FLSA

requires that the rule be effective 15

days after publication.

Document Preparation

This document was prepared under

the direction and control of John R.

Fraser, Acting 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.

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 3rd day of

Oct., 1997.

John R. Fraser,

Acting 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), (c)(1),

(d)(1), (e)(1), (f)(1), (g)(1), (h)(1), (i)(1),

(j)(1) and (2), (k)(1), (l)(1), (m)(1), and

(n)(1); and adding new paragraphs (o)

and (p) to read as follows:

§ 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, and

$3.17 an hour effective October 27,

1998.

* * * * *

(b) Shipping and transportation

industry. (1) The minimum wage for

classification A, stevedoring, lighterage

and maritime shipping agency activities,

is $3.75 an hour effective July 1, 1996,

and $3.87 an hour effective October 27,

1998. The minimum wage for

classification B, unloading of fish, is

$3.70 an hour effective July 1, 1996, and

$3.76 an hour effective October 27,

1998. The minimum wage for

classification C, all other activities, is

$3.62 an hour effective July 1, 1996, and

$3.72 an hour effective October 27,

1998.

* * * * *

(c) Tour and travel service industry.

(1) The minimum wage for this industry

is $3.16 an hour effective on October 27,

1997, and $3.22 an hour effective

October 27, 1998.

* * * * *

(d) Petroleum marketing industry. (1)

The minimum wage for this industry is

$3.60 an hour effective on October 27,

1997, and $3.73 an hour effective

October 27, 1998.

* * * * *

(e) Construction industry. (1) The

minimum wage for this industry is

$3.30 an hour effective on October 27,

1997, and $3.40 an hour effective

October 27, 1998.

* * * * *

(f) Hotel industry. (1) The minimum

wage for this industry is $2.70 an hour

effective on October 27, 1997, and $2.78

an hour effective October 27, 1998.

* * * * *

(g) Retailing, wholesaling and

warehousing industry. (1) The minimum

wage for this industry is $2.87 an hour

effective on October 27, 1997, and $2.94

an hour effective October 27, 1998.

* * * * *

(h) Ship maintenance industry. (1)

The minimum wage for this industry is

$3.15 an hour effective on October 27,

1997, and $3.20 an hour effective

October 27, 1998.

* * * * *

(i) Bottling, brewing and dairy

products industry.

(1) The minimum wage for this

industry is $3.01 an hour effective on

October 27, 1997, and $3.07 an hour

effective October 27, 1998.

* * * * *

(j) Printing industry. (1) The minimum

wage for the printing industry is $3.25

an hour effective on October 27, 1997,

and $3.35 an hour effective October 27,

1998.

(2) The printing industry is that

industry which is engaged in printing,

job printing, and duplicating. This

industry shall not include printing

performed by an employer which

publishes a newspaper, magazine, or

similar publications.

(k) Finance and insurance industry.

(1) The minimum wage for this industry

is $3.69 an hour effective on October 27,

1997, and $3.78 an hour effective

October 27, 1998.

* * * * *

(l) Private hospitals and educational

institutions. (1) The minimum wage for

this industry is $3.17 an hour effective

on October 27, 1997, and $3.24 an hour

effective October 27, 1998.

* * * * *

(m) Government employees industry.

(1) The minimum wage for this industry

is $2.45 effective October 1, 1996, and

$2.57 an hour effective October 1, 1998.

* * * * *

(n) Miscellaneous activities industry.

(1) The minimum wage for this industry

is $2.45 an hour effective July 1, 1996.

* * * * *

(o) Garment manufacturing industry.

(1) The minimum wage for this industry

is $2.45 an hour effective on October 27,

1997, and $2.55 an hour effective

October 27, 1998.

(2) The garment manufacturing

industry is defined as the manufacture

from any material of articles of apparel

and clothing made by knitting,

spinning, crocheting, cutting, sewing,

embroidering, dyeing, or any other

processes and includes but is not

limited to all clothing; men’s, women’s

and children’s suits, clothing and other

products; hosiery; gloves and mittens;

sweaters and other outerwear;

swimwear; leather, leather goods, and

related products; handkerchief, scarf,

and art linen products; shirts, blouses,

and underwear; uniforms and work

clothing; and includes assembling,

tagging, ironing, and packing apparel for

shipping. This term does not include

manufacturing, processing or mending

of apparel in retail or service

establishments, including clothing

stores, laundries, and other stores.

(p) Publishing industry. (1) The

minimum wage for the publishing

industry is $3.30 an hour effective on
52946 Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations

October 27, 1997, and $3.45 an hour

effective October 27, 1998.

(2) The publishing industry is that

industry which is engaged in the

publishing of newspapers, magazines, or

similar publications other than the

publishing of a weekly, semiweekly or

daily newspaper with a circulation of

less than 4,000, the major part of which

circulation is within the county or

counties contiguous thereto. 3. Section 697.3 is revised to read as

follows:

§ 697.3 Effective dates.

The wage rates specified in § 697.1

shall be effective on October 27, 1997

except as otherwise specified.

[FR Doc. 97–26830 Filed 10–9–97; 8:45 am]

BILLING CODE 4510–27–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–97–040]

Drawbridge Operation Regulation; Gulf

Intracoastal Waterway, Algiers

Alternate Route, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eighth

Coast Guard District has issued a

temporary deviation from the regulation

governing the operation of the Belle

Chasse vertical lift span drawbridge on

State Route 23 across the Gulf

Intracoastal Waterway, Algiers Alternate

Route at mile 3.8 at Belle Chasse,

Louisiana. This deviation allows the

bridge to remain closed to navigation

between the hours of 4 p.m. and 6:45

p.m. on Saturday, October 25, 1997 and

between the hours of 4 p.m. and 7 p.m.

on Sunday, October 26, 1997. This

closure is necessary to facilitate

movement of vehicular traffic for the

New Orleans Open House 1997 Air

Show, to be held at the U.S. Naval Air

Station at Belle Chasse, Louisiana.

DATES: The deviation is effective from 4

p.m. on October 25, 1997 until 7 p.m.

on October 26, 1997.

SUPPLEMENTARY INFORMATION: The Belle

Chasse bridge has a vertical clearance of

40 feet above mean high water in the

closed-to-navigation position and 100

feet in the open-to-navigation position. Navigation on the waterway consists

primarily of tugs with tows, commercial

fishing vessels, sailboats and other

recreational craft. Between 150,000 and

200,000 members of the public are

expected to attend the New Orleans

Open House Air Show on each day. The

Louisiana Department of Transportation

and Development has requested a

temporary deviation from the normal

operation of the bridge so that the

extremely heavy volume of vehicular

traffic that will be departing the Naval

Air Station following the event can be

expeditiously dispersed.

This deviation requires that the draw

of the Belle Chasse bridge remain closed

to navigation between the hours of 4

p.m. and 6:45 p.m. on Saturday, October

25, 1997 and between the hours of 4

p.m. and 7 p.m. on Sunday, October 26,

1997. Presently, the draw is required to

open on signal during weekends.

Dated: September 18, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–26917 Filed 10–9–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 198–0056; FRL–5907–2]

California State Implementation Plan

Revision; Interim Final Determination

That State Has Corrected Deficiencies

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final determination.

SUMMARY: Elsewhere in today’s Federal

Register, EPA has published a notice of

proposed rulemaking fully approving

revisions to the California State

Implementation Plan (SIP). The

revisions concern a rule from the San

Diego County Air Pollution Control

District (SDCAPCD): Rule 67.10, Kelp

Processing and Bio-Polymer

Manufacturing Operations. Based on the

proposed full approval, EPA is making

an interim final determination by this

action that the State has corrected the

deficiencies for which sanctions clocks

began on April 15, 1996. This action

will defer the imposition of the offsets

sanction and defer the imposition of the

highway sanction. Although the interim

final action is effective upon

publication, EPA will take comment. If

no comments are received on EPA’s

proposed approval of the State’s

submittal, EPA will finalize its

determination that the State has

corrected the deficiencies that started

the sanctions clocks by publishing a

notice of final rulemaking in the Federal

Register. If comments are received on

EPA’s proposed approval and this

interim final action, EPA will publish a

final rule taking into consideration any

comments received.

DATES: Effective: October 10, 1997.

Comments must be received by

November 10, 1997.

ADDRESSES: Comments should be sent to

Andrew Steckel, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, 94105–3901.

The state submittal and EPA’s

analysis for that submittal, which are

the basis for this action, are available for

public review at the above address and

at the following locations:

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123–1096

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Bowlin, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, (415) 744–

1188.

SUPPLEMENTARY INFORMATION:

I. Background

On July 13, 1994, the State submitted

SDCAPCD Rule 67.10, Kelp Processing

and Bio-Polymer Manufacturing

Operations. EPA published a limited

approval/limited disapproval for this

rule in the Federal Register on February

14, 1996. 61 FR 5701. EPA’s disapproval

action started an 18-month clock for the

imposition of one sanction (followed by

a second sanction 6 months later) under

section 179 of the Clean Air Act (Act)

and a 24-month clock for promulgation

of a Federal Implementation Plan (FIP)

under section 110(c) of the Act. The

State subsequently submitted a revised

rule on August 1, 1997. The revised rule

was adopted by SDCAPCD on June 25,

1997. In the Proposed Rules section of

today’s Federal Register, EPA has

proposed full approval of the State of

California’s submittal of SDCAPCD’s

Rule 67.10, Kelp Processing and BioPolymer Manufacturing Operations.

Based on the proposed approval set

forth in today’s Federal Register, EPA

believes that it is more likely than not

that the State has corrected the original

disapproval deficiencies. Therefore,

EPA is taking this interim final

rulemaking action, effective on

publication, finding that the State has

corrected the deficiencies. However,

EPA is also providing the public with an