57722 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 

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: 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 twoyear 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 

Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 57723 

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. 

■ 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 

■ 1. The authority citation for part 697 

continues to read as follows: 

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

■ 2. Section 697.2 is revised to read as 

follows: 

§ 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. 

Industry 

Minimum wage 

Effective 

October 3, 2005 

Effective 

October 18, 2005 

Effective 

October 1, 2006 

(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 

57724 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 

Industry 

Minimum wage 

Effective 

October 3, 2005 

Effective 

October 18, 2005 

Effective 

October 1, 2006 

(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 

■ 3. Section 697.4 is revised to read as 

follows: 

§ 697.4 Effective dates. 

The wage rates specified in § 697.2 

shall be effective on October 18, 2005, 

except as otherwise specified. 

[FR Doc. 05–19738 Filed 9–30–05; 8:45 am] 

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