29 C.F.R. PART 510—IMPLEMENTATION OF THE MINIMUM WAGE PROVISIONS OF THE 1989 AMENDMENTS TO THE FAIR LABOR STANDARDS ACT IN PUERTO RICO


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PART 510—IMPLEMENTATION OF THE MINIMUM WAGE PROVISIONS OF THE 1989 AMENDMENTS TO THE FAIR LABOR STANDARDS ACT IN PUERTO RICO

Section Contents

Subpart A—General

§ 510.1   Summary.
§ 510.2   Purpose and scope of regulations.
§ 510.3   Definitions.

Subpart B—Schedule of Minimum Wage Rates Applicable in Puerto Rico

§ 510.10   Table of wage rates and effective dates.

Subpart C—Classification of Industries

§ 510.20   Wage surveys in Puerto Rico.
§ 510.21   SIC codes.
§ 510.22   Industries eligible for minimum wage phase-in.
§ 510.23   Agricultural activities eligible for minimum wage phase-in.
§ 510.24   Governmental entities eligible for minimum wage phase-in.
§ 510.25   Traditional functions of government.
Appendix A to Part 510—Manufacturing Industries Eligible for Minimum Wage Phase-In
Appendix B to Part 510—Nonmanufacturing Industries Eligible for Minimum Wage Phase-In
Appendix C to Part 510—Government Corporations Eligible for Minimum Wage Phase-In
Appendix D to Part 510—Municipalities Eligible for Minimum Wage Phase-In


Authority:  Sec. 4, Pub. L. 101–157, 103 Stat. 938; 29 U.S.C. 201 et seq.

Source:  55 FR 12120, Mar. 30, 1990, unless otherwise noted.

Subpart A—General
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§ 510.1   Summary.
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(a) The Fair Labor Standards Amendments of 1989 (Pub. L. 101–157) were enacted into law on November 17, 1989. Among other provisions, these amendments to the Fair Labor Standards Act (FLSA) increased the minimum wage in section 6(a)(1) of the Act to $3.80 an hour effective April 1, 1990, and to $4.25 an hour effective April 1, 1991. With respect to certain industries and governmental entities in the Commonwealth of Puerto Rico, the Amendments provided that these increases would be phased in over extended periods of time.

(b) Section 6(c) of the FLSA provides for four separate categories or tiers for implementing the minimum wage rate increases in Puerto Rico.

(1) For Tier 1, which includes employees of the United States, employees of hotels, motels, or restaurants, retail or service establishments that employ such employees primarily in connection with the preparation or offering of food or beverages for human consumption, and industries in which the average hourly wage is greater than $4.64, there shall be no phase-in. The wage rates and effective dates shall be those specified in section 6(a)(1) of FLSA, i.e., $3.80 per hour beginning April 1, 1990 and $4.25 per hour beginning April 1, 1991.

(2) For Tier 2, which includes industries in which the average hourly wage is not less than $4.00 but not more than $4.64, the increases in the minimum wage rates shall be phased-in in five annual increments (rounded to the nearest 5 cents) beginning April 1, 1990, and ending April 1, 1994.

(3) For Tier 3, which includes industries in which the average hourly wage is less than $4.00, the increases in the minimum wage shall be phased-in in six annual increments (rounded to the nearest 5 cents) beginning April 1, 1990, and ending April 1, 1995.

(4) For Tier 4, which includes certain employees of the Commonwealth of Puerto Rico, municipalities, and other governmental entities of the Commonwealth in which the average hourly wage is less than $4.00, the increases shall be phased-in in seven annual increments (rounded to the nearest 5 cents) beginning April 1, 1990 and ending April 1, 1996.

(c) The Amendments also eliminated reference to Puerto Rico in those sections of FLSA relating to the establishment and conduct of special industry committees which recommend minimum wage rates in certain territories. These sections now apply only to American Samoa. (Industry committee regulations pertaining to American Samoa are found in 29 CFR parts 511 and 697).

§ 510.2   Purpose and scope of regulations.
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(a) The purpose of these regulations is to implement the 1989 Amendments to the FLSA with respect to minimum wage increases in Puerto Rico. These regulations establish the applicable wage rates and effective dates in the four statutory tiers and categorize industries and governmental entities in Puerto Rico in those tiers according to average hourly wage rates. In addition, these regulations explain the methodology used to determine appropriate tiers, including the use of standard industrial classification (SIC) codes to categorize industries.

(b) Subpart A of this part summarizes the provisions of the Amendments as applicable to Puerto Rico and defines the terms used herein. Subpart B of this part states the specific minimum wage rates for each tier and the effective dates of those rates. Subpart C of this part explains how industry and governmental categories were determined, the general methodology used to conduct the surveys which provided the data used to determine average hourly wage rates, and special issues in the classification of governmental entities. Appendix A of this part contains a listing of manufacturing industries by Standard Industrial Classification (SIC) code and indicates the tier to which each industry is subject. Appendix B of this part contains a listing of nonmanufacturing industries by SIC code and indicates the tier to which each industry is subject. Appendix C of this part contains a listing of government corporations and indicates the tier to which each such corporation is subject. Appendix D of this part contains a listing of municipalities and indicates the tier to which each municipality is subject.

(c) Nothing contained in this part should be construed as precluding the Puerto Rico Minimum Wage Board, which has been granted authority to promulgate minimum wage rates above the Federal statutory minimum, from providing for increases in any industry which would exceed the rates provided for in these regulations or in section 6(a)(1) of the Act.

§ 510.3   Definitions.
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(a) Act or FLSA means the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201, et seq.).

(b) Amendments or 1989 Amendments means the Fair Labor Standards Amendments of 1989 (Pub. L. 101–157).

(c) Secretary means the Secretary of Labor, or a duly authorized representative of the Secretary.

(d) Administrator means the Administrator of the Wage and Hour Division of the Employment Standards Administration, U.S. Department of Labor, or a duly authorized representative of the Administrator.

(e) Department means the U.S. Department of Labor.

(f) Tier means one of the four categories established for an extended phase-in of the statutory increases in the minimum wage under section 6(c) of the Act as amended.

(g) Standard Industrial Classification (SIC) refers to the classifications established in the Standard Industrial Classification Manual, 1987, published by the Office of Management and Budget, Executive Office of the President.

Subpart B—Schedule of Minimum Wage Rates Applicable in Puerto Rico
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§ 510.10   Table of wage rates and effective dates.
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(a) The following table provides effective dates of minimum wage increases for the four statutory tiers. Appendices A and B to these regulations contain listings of manufacturing and non-manufacturing industries in Puerto Rico by SIC code, and indicate which tier is applicable. Appendices C and D contain listings of government corporations and municipalities and indicate which tier is applicable.

                                                 Effective Dates----------------------------------------------------------------------------------------------------------------                Tier                   4/1/90     4/1/91     4/1/92     4/1/93     4/1/94     4/1/95     4/1/96----------------------------------------------------------------------------------------------------------------One................................      $3.80      $4.25      $4.25      $4.25      $4.25      $4.25      $4.25Two................................       3.55       3.70       3.90       4.05       4.25       4.25       4.25Three..............................       3.50       3.65       3.80       3.95       4.10       4.25       4.25Four...............................       3.50       3.60       3.75       3.85       4.00       4.10       4.25----------------------------------------------------------------------------------------------------------------

(b) Tier 1 applies to employees of the United States, employees of hotels, motels, or restaurants, retail or service establishments that employ such employees primarily in connection with the preparation or offering of food or beverages for human consumption, and industries in which the average hourly wage is greater than $4.64.

(c) Tier 2 applies to industries in which the average hourly wage is not less than $4.00 but not more than $4.64.

(d) Tier 3 applies to industries in which the average hourly wage is less than $4.00.

(e) Tier 4 applies to certain employees of the Commonwealth of Puerto Rico, municipalities, and other governmental entities of the Commonwealth in which the average hourly wage is less than $4.00.

Subpart C—Classification of Industries
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§ 510.20   Wage surveys in Puerto Rico.
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(a) The legislative history to the 1989 Amendments (Conference Report 101–47 on H.R. 2, May 8, 1989) stated that for any industry to qualify for an extended minimum wage phase-in, the government of Puerto Rico would be required to furnish official survey data substantiating that an industry's average hourly wage is below either the $4.65 or $4.00 threshold level. Such data were to be compiled and submitted for review to the Department.

(b) Manufacturing industries. For purposes of implementing section 6(c) of the Act, as amended, Puerto Rico has submitted its Census of Manufacturing Industries. The Bureau of Labor Statistics of Puerto Rico regularly gathers data from manufacturing establishments regarding employment, hours and earnings. The data include hourly earnings for production and related workers and are generally specific to the four-digit SIC code level.

(c) Non-manufacturing industries. The Bureau of Labor Statistics of Puerto Rico designed and executed a survey to supplement data regularly gathered for the U.S. Bureau of Labor Statistics (i.e., that included in the payroll establishment survey published in Employment and Earnings). The supplemental survey was carried out to determine average hourly earnings for production workers or non-supervisory employees in the private non-agricultural, non-manufacturing sector. Employment and payroll information was collected for the payroll period which included April 12, 1989. The data provided to the Department were generally specific to the four-digit SIC code level.

(d) Agriculture. At the request of the Department, the Bureau of Labor Statistics of Puerto Rico conducted a survey of wages paid to agricultural workers which included employment and earnings from at least a specified number of sugarcane farms, coffee farms, ornamental farms, vegetable farms, and other farms, following standard statistical random sampling techniques. The survey included information on earnings, employment, and hourly wage rates paid to workers for the workweek including March 11 through March 17, 1990. In addition, applicable collective bargaining agreements were reviewed for sugarcane farms.

(e) Commonwealth government. In the case of the Commonwealth Government of Puerto Rico, a census of hourly earnings was undertaken of all government departments, commissions and other agencies. A separate survey was conducted of government corporations. Managers, officials and employees in positions which require a college degree were excluded from the surveys.

(f) Municipalities. In the case of the municipalities of Puerto Rico, a census of hourly earnings was conducted. Managers, officials and employees in positions which require a college degree were excluded from the survey.

[55 FR 12120, Mar. 30, 1990, as amended at 55 FR 53247, Dec. 27, 1990]

§ 510.21   SIC codes.
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(a) The Conference Report specifically cites Puerto Rico's annual Census of Manufacturing Industries as a source of average hourly wage data by industry. Industries in that census are organized by Standard Industrial Classification (SIC), the statistical classification system used for a variety of governmental and statistical purposes. With respect to non-manufacturing industries, or other industries not included in the Census of Manufacturing, the Conference Report stated that data “should be at a level of specificity comparable to the four digit Standard Industry Code (SIC) code level.”

(b) The Standard Industrial Classification (SIC) codes listed in appendix A and B herein are designated in accordance with the Standard Industrial Classification (SIC) Manual, 1987, published by the Executive Office of the President, Office of Management and Budget. 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 the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. Copies may be inspected at all federal depository libraries in the Commonwealth of Puerto Rico; at the district office of the Wage and Hour Division, U.S. Department of Labor, New San Juan Office Building, 159 Chardon St., room 102, Hato Rey, PR 00918; at the Commonwealth of Puerto Rico Department of Labor and Human Resources, Prudencio Rivera Building, Munoz Rivera Avenue 505, Mato Rey, PR 00918; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.php. Establishments are classified according to their primary activity. The classification structure classifies industries by:

(1) Two-digit major group,

(2) Three digit industry group, or

(3) Four-digit industry code, according to the level of industrial detail which may be required.

Each operating establishment is assigned an industry code on the basis of its primary activity, which is determined by its principal product or group of products produced or distributed, or services rendered.

[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990, as amended at 69 FR 18803, Apr. 9, 2004]

§ 510.22   Industries eligible for minimum wage phase-in.
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(a) Appendix A contains a listing of all industries included in the Census of Manufacturing. Appendix B contains a listing of non-manufacturing industries. These listing are organized by SIC numbers, presented by:

(1) Major group (two-digit classification),

(2) Industry group (three-digit classification), and (3) industry (four-digit classification). In each instance the phase-in tier which applies to that industry or group is indicated.

(b) Employers are required to utilize the most detailed classification which applies to their industry. Where an employer's four-digit SIC code is listed, the tier applicable to that code determines the minimum wage phase-in schedule for that employer. (See §510.10, above).

(c) Where an industry is not listed by four-digit SIC code, employers shall utilize the three-digit which applies to their industry. If a three-digit code is not listed, employers shall use the applicable two-digit code.

[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990]

§ 510.23   Agricultural activities eligible for minimum wage phase-in.
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Agriculture activities eligible for an extended phase-in of the minimum wage in Major groups 01, 02, and 07 have been incorporated into Appendix B—Nonmanufacturing Industries Eligible for Minimum Wage Phase-In. Applicable wage rates are effective retroactive to April 1, 1990. Employers in the sugarcane farming industry (SIC Number 0133) who are subject to Tier 3 wage rates but who have paid wage rates based on Tier 2 wage rates may not take any action to recoup such payments where those actions would have the effect of reducing the wage rate being paid at the time of such recoupment to below that required under Tier 3.

[55 FR 53247, Dec. 27, 1990]

§ 510.24   Governmental entities eligible for minimum wage phase-in.
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(a) The Commonwealth government of Puerto Rico has been determined to be eligible for treatment under Tier 2, on the basis of wage data supplied to the Department.

(b) Appendix C of this part contains a listing of Commonwealth government corporations, indicating the phase-in tier which applies. Entities which do not appear on the list are those for which no wage data were supplied. These entities are therefore categorized under Tier 1, and are ineligible for an extended phase-in.

(c) Appendix D of the part contains a listing of municipalities, indicating the phase-in tier which applies. Municipalities categorized under Tier 1 are those which failed to supply wage data.

(d) Employees of municipalities who have reason to believe that the municipality by which they are employed has been incorrectly categorized, e.g., categorized under Tier 3 instead of Tier 2, may no later than June 1, 1990, file with the Administrator a petition for review. The petition shall be accompanied by any information the employee may have to support a determination that the municipality is incorrectly categorized. In the event the Administrator determines that a tier other than that listed in appendix D of this part applies, the affected municipality shall be liable for retroactive payment of any back wages found to be due.

(e) Certain employees of municipalities or government corporations in which the average wage is less than $4.00 per hour are eligible to be paid under Tier 4, rather than Tier 3. Tier 4 applies only to those employees employed by municipalities or government corporations who are principally engaged in one or more of the “traditional” functions listed in §510.24 (a) or (b). All other employees of such entities must be paid in accordance with Tier 3.

[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990]

§ 510.25   Traditional functions of government.
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(a) Section 6(c)(4) of the Act, as amended, limits the six-year phase-in of the statutory minimum wage (“Tier 4”) to those employees with an average wage of less than $4.00 per hour who were brought under minimum wage coverage “pursuant to an amendment made by the Fair Labor Standards Amendments of 1985.” The Department has interpreted this language as referring to section 2(c) of the 1985 FLSA Amendments, which provided for deferred liability for minimum wage violations (until April 15, 1986) “with respect to any employee who would not have been covered under the Secretary's special enforcement policy” published in 29 CFR 775.2 and 775.4. The latter subsection listed those functions of State or local government which were determined by the Supreme Court's ruling in National League of Cities v. Usery, 426 U.S. 833 (1976) (subsequently overruled by Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985)) to be integral operations of the governments in areas of traditional governmental functions. The listed “traditional” functions included the following:

(1) Schools.

(2) Hospitals.

(3) Fire prevention.

(4) Police protection.

(5) Sanitation.

(6) Public health.

(7) Parks and recreation.

(8) Libraries.

(9) Museums.

(b) The Supreme Court in National League of Cities clearly did not limit “traditional” functions of government to those set out in paragraph (a) of this section. The Court included within this concept all those governmental services which the States and their political subdivisions have traditionally afforded their citizens, which the States have regarded as integral parts of their governmental activities, and which State and local governments are created to provide. The Department interprets the Court's analysis of “traditional” functions as turning in large part upon whether the States or local governments had, prior to initial enactment of federal regulatory legislation applicable to a particular field of service or activity (such as FLSA), generally established themselves as providers of the services. The Department therefore views the following government functions as falling within the “traditional” category:

(1) Finance (including Auditor, Budget and Comptroller).

(2) Elections.

(3) Personnel.

(4) Public works.

(5) Office of the Mayor.

(6) Legal Affairs.

(7) Planning.

(8) Waterworks.

(9) Social services.

(10) Street and highway construction and maintenance.

(11) Automobile licensing.

(12) Sewage treatment.

(c) Employees whose primary function falls within one or more of the activities listed in paragraph (a) or (b) of this section, are therefore considered to be engaged in “traditional” functions of government. This would include employees who provide support functions for such activities, such as clerical, secretarial, supply and janitorial.

(d) No employees of a municipality or government corporation may be paid in accordance with the Tier 4 phase-in schedule unless the employee:

(1) Is engaged in one of the specific activities listed in paragraphs (a) and (b) of this section, and

(2) Is employed by a municipality or government corporation in which the average wage is less than $4.00 per hour.

Appendix A to Part 510—Manufacturing Industries Eligible for Minimum Wage Phase-In
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This appendix contains a listing of all manufacturing industries for which data were collected and compiled by the Commonwealth of Puerto Rico for purposes of implementing the 1989 Amendments to FLSA. This listing follows the order and classifications used in the SIC Manual, 1987, which is incorporated by reference in these regulations (§510.21).

The data in this appendix are presented by major industry group (two-digit classification), industry group number (three-digit classification), and industry number (four-digit classification). Tiers will not be listed for industry categories in which there were fewer than three employers, in conformance with standard procedures used by the Commonwealth of Puerto Rico in collecting and publishing these data until such time as Puerto Rico receives appropriate waivers of confidentiality from all employers in such categories. These categories are noted with an “a” on the following table. In addition, no tier will be listed where an industry was not included in the original survey, because it was not in existence, because the industry was too small to be included, or for other reasons.

Employers who do not find the four-digit classification for their industry shall refer to the appropriate three-digit classification under which their establishment falls. If the appropriate three-digit classification is not listed, employers shall refer to the appropriate two-digit classification. For example, no tier is listed for industry number 2034, dried and dehydrated fruits, vegetables, and soup mixes. Thus, an employer in industry 2034 must use the tier listed for industry group 203, i.e. Tier 2.

Further, employers who find the appropriate four-digit designation in this appendix must use that designation and cannot refer to a two- or three-digit classification. For example, an employer in industry number 2033, canned fruits, vegetables, preserves, jams, and jellies, which has a Tier 1 designation, cannot use the Tier 2 designation of industry group 203, canned, frozen, and preserved fruits, vegetables, and food specialties.

If no four-digit, three-digit, or two-digit classification is listed for an industry, employees in that group must pay the Tier 1 rates.

Important: In referring to this appendix to determine appropriate tier designations, please note that certain categories of employees are subject to treatment under Tier 1 regardless of the average hourly wage rate for the industry and the tier designation contained herein. These employees, as listed in the 1989 Amendments, are those employed by:

(a) The United States

(b) An establishment that is a hotel, motel, or restaurant, or

(c) Any other retail or service establishment that employs such employee in connection with the preparation or offering of food or beverages for human consumption, either on the premises, or by such services as catering, banquet, box lunch, or curb or counter service, to the public, to employees, or to members or guests of clubs.

Please note that these named categories may not correspond exactly to categories established by the SIC manual.

                        Manufacturing Industries------------------------------------------------------------------------                 Industry Major group      group       Industry    Tier           Industry                  number       number------------------------------------------------------------------------20...........  ...........  ...........       1  Food and kindred                                                  products.                       201  ...........       2  Meat products.               ...........         2011       2  Meat packing plants.               ...........         2013       1  Sausages and other                                                  prepared meat                                                  products.               ...........         2015       2  Poultry slaughtering                                                  and processing.                       202  ...........       1  Dairy products.               ...........         2022       a  Natural, processed, and                                                  imitation cheese.               ...........         2023       1  Dry, condensed, and                                                  evaporated dairy                                                  products.               ...........         2024       1  Ice cream and frozen                                                  desserts.               ...........         2026       1  Fluid milk.                       203  ...........       2  Canned, frozen, and                                                  preserved fruits,                                                  vegetables, and food                                                  specialties.               ...........         2032       a  Canned specialties.               ...........         2033       1  Canned fruits,                                                  vegetables, preserves,                                                  jams, and jellies.               ...........         2035       3  Pickled fruits and                                                  vegetables, vegetable                                                  sauces and seasonings,                                                  and salad dressings.               ...........         2037       2  Frozen fruits, fruit                                                  juices, and                                                  vegetables.               ...........         2038       3  Frozen specialties, not                                                  elsewhere classified.                       204  ...........       1  Grain mill products.               ...........         2041       a  Flour and other grain                                                  mill products.               ...........         2043       a  Cereal breakfast foods.               ...........         2044       1  Rice milling.               ...........         2045       1  Prepared flour mixes                                                  and doughs.               ...........         2046       1  Wet corn milling.               ...........         2048       1  Prepared feeds and feed                                                  ingredients for                                                  animals and fowls,                                                  except dogs and cats.                       205  ...........       1  Bakery products.               ...........         2051       1  Bread and other bakery                                                  products, except                                                  cookies and crackers.               ...........         2052       1  Cookies and crackers.               ...........         2053       a  Frozen bakery products,                                                  except bread.                       206  ...........       1  Sugar and confectionery                                                  products.               ...........         2061       1  Cane sugar, except                                                  refining.               ...........         2062       a  Cane sugar refining.               ...........         2064       1  Candy and other                                                  confectionery                                                  products.               ...........         2066       3  Chocolate and cocoa                                                  products.               ...........         2067       a  Chewing gum.                       208  ...........       1  Beverages.               ...........         2082       1  Malt beverages.               ...........         2084       3  Wines, brandy, and                                                  brandy spirits.               ...........         2085       1  Distilled and blended                                                  liquors.               ...........         2086       1  Bottled and canned soft                                                  drinks and carbonated                                                  waters.               ...........         2087       1  Flavoring extracts and                                                  flavoring syrups, not                                                  elsewhere classified.                       209  ...........       1  Miscellaneous food                                                  preparations and                                                  kindred products.               ...........         2091       1  Canned and cured fish                                                  and seafoods.               ...........         2095       2  Roasted coffee.               ...........         2096       1  Potato chips, corn                                                  chips, and similar                                                  snacks.               ...........         2097       3  Manufactured ice.               ...........         2098       a  Macaroni, spaghetti,                                                  vermicelli, and                                                  noodles.               ...........         2099       2  Food preparations, not                                                  elsewhere classified.21...........  ...........  ...........       1  Tobacco products.                       211  ...........       a  Cigarettes.               ...........         2111       a  Cigarettes.                       212  ...........       1  Cigars.               ...........         2121       1  Cigars.                       213  ...........       1  Chewing and smoking                                                  tobacco and snuff.               ...........         2131       1  Chewing and smoking                                                  tobacco and snuff.                       214  ...........       a  Tobacco stemming and                                                  redrying.               ...........         2141       a  Tobacco stemming and                                                  redrying.22...........  ...........  ...........       1  Textile mill products.                       221  ...........       1  Broadwoven fabric                                                  mills, cotton.               ...........         2211       1  Broadwoven fabric                                                  mills, cotton.                       224  ...........       1  Narrow fabric and other                                                  smallwares mills:                                                  cotton, wool, silk,                                                  and manmade fiber.               ...........         2241       1  Narrow fabric and other                                                  smallwares mills:                                                  cotton, wool, silk,                                                  and manmade fiber.                       225  ...........       2  Knitting mills.               ...........         2251       1  Women's full-length and                                                  knee-length hosiery,                                                  except socks.               ...........         2253       2  Knit outerwear mills.               ...........         2254       3  Knit underwear and                                                  nightwear mills.                       226  ...........       1  Dyeing and finishing                                                  textiles, except wool                                                  fabrics and knit                                                  goods.               ...........         2261       3  Finishers of broadwoven                                                  fabrics of cotton.               ...........         2262       1  Finishers of broadwoven                                                  fabrics of manmade                                                  fiber and silk.                       227  ...........       1  Carpets and rugs.               ...........         2273       1  Carpets and rugs.                       228  ...........       3  Yarn and thread mills.               ...........         2281       3  Yarn spinning mills.23...........  ...........  ...........       2  Apparel and other                                                  finished products made                                                  from fabrics and                                                  similar materials.                       231  ...........       3  Men's and boys' suits,                                                  coats, and overcoats.               ...........         2311       3  Men's and boys' suits,                                                  coats, and overcoats.                       232  ...........       2  Men's and boys'                                                  furnishings, work                                                  clothing, and allied                                                  garments.               ...........         2321       2  Men's and boys' shirts                                                  except work shirts.               ...........         2322       1  Men's and boys'                                                  underwear and                                                  nightwear.               ...........         2323       2  Men's and boys'                                                  neckwear.               ...........         2325       2  Men's and boys'                                                  separate trousers and                                                  slacks.               ...........         2326       3  Men's and boys' work                                                  clothing.               ...........         2329       3  Men's and boys'                                                  clothing, not                                                  elsewhere classified.                       233  ...........       3  Women's, misses', and                                                  juniors' outerwear.               ...........         2331       3  Women's, misses', and                                                  juniors' blouses and                                                  shirts.               ...........         2335       3  Women's, misses', and                                                  juniors dresses.               ...........         2337       3  Women's, misses, and                                                  juniors' suits,                                                  skirts, and coats.               ...........         2339       2  Women's, misses', and                                                  juniors' outerwear,                                                  not elsewhere                                                  classified.                       234  ...........       2  Women's, misses',                                                  children's, and                                                  infants'                                                  undergarments.               ...........         2341       2  Women's, misses',                                                  children's, and                                                  infants' underwear and                                                  nightwear.               ...........         2342       2  Brassieres, girdles,                                                  and allied garments.                       235  ...........       3  Hats, caps, and                                                  millinery               ...........         2353       3  Hats, caps, and                                                  millinery                       236  ...........       3  Girls', children's, and                                                  infants' outerwear.               ...........         2361       3  Girls', children's, and                                                  infants' dresses,                                                  blouses, and shirts.               ...........         2369       3  Girls', children's, and                                                  infants' outerwear,                                                  not elsewhere                                                  classified.                       238  ...........       3  Miscellaneous apparel                                                  and accessories.               ...........         2385       3  Waterproof outerwear.               ...........         2387       3  Apparel belts.               ...........         2389       3  Apparel and                                                  accessories, not                                                  elsewhere classified.                       239  ...........       3  Miscellaneous                                                  fabricated textile                                                  products.               ...........         2391       2  Curtains and draperies.               ...........         2392       3  Housefurnishings,                                                  except curtains and                                                  draperies.               ...........         2393       3  Textile bags.               ...........         2395       2  Pleating, decorative                                                  and novelty stitching,                                                  and tucking for the                                                  trade.               ...........         2396       2  Automotive trimmings,                                                  apparel findings, and                                                  related products.               ...........         2399       3  Fabricated textile                                                  products, not                                                  elsewhere classified.24...........  ...........  ...........       2  Lumber and wood                                                  products, except                                                  furniture.                       242  ...........       3  Sawmills and planing                                                  mills.               ...........         2421       3  Sawmills and planing                                                  mills, general.                       243  ...........       2  Millwork, veneer,                                                  plywood, and                                                  structural wood                                                  members.               ...........         2431       2  Millwork.               ...........         2434       2  Wood kitchen cabinets.               ...........         2435       a  Hardwood veneer and                                                  plywood.                       244  ...........       3  Wood containers.               ...........         2448       3  Wood pallets and skids.                       245  ...........       3  Wood buildings and                                                  mobile homes.               ...........         2451       3  Mobile homes.                       249  ...........       2  Miscellaneous wood                                                  products.               ...........         2491       2  Wood preserving.               ...........         2499       2  Wood products, not                                                  elsewhere classified.25...........  ...........  ...........       2  Furniture and fixtures.                       251  ...........       3  Household furniture.               ...........         2511       3  Wood household                                                  furniture, except                                                  upholstered.               ...........         2512       3  Wood household                                                  furniture,                                                  upholstered.               ...........         2514       3  Metal household                                                  furniture.               ...........         2515       2  Mattresses,                                                  foundations, and                                                  convertible beds.               ...........         2517       3  Wood television, radio,                                                  phonograph, and sewing                                                  machine cabinets.               ...........         2519       3  Household furniture,                                                  not elsewhere                                                  classified.                       252  ...........       2  Office furniture.               ...........         2521       a  Wood office furniture.               ...........         2522       2  Office furniture,                                                  except wood.                       253  ...........       3  Public building and                                                  related furniture.               ...........         2531       3  Public building and                                                  related furniture.                       254  ...........       1  Partitions, shelving,                                                  lockers, and office                                                  and store fixtures.               ...........         2541       2  Wood office and store                                                  fixtures, partitions,                                                  shelving, and lockers.               ...........         2542       1  Office and store                                                  fixtures, partitions,                                                  shelving, and lockers,                                                  except wood.                       259  ...........       2  Miscellaneous furniture                                                  and fixtures.               ...........         2591       3  Drapery hardware and                                                  window blinds and                                                  shades.               ...........         2599       a  Furniture and fixtures,                                                  not elsewhere                                                  classified.26...........  ...........  ...........       1  Paper and allied                                                  products.                       261  ...........       1  Pulp mills.               ...........         2611       1  Pulp mills.                       262  ...........       2  Paper mills.               ...........         2621       2  Paper mills.                       263  ...........       a  Paperboard mills.               ...........         2631       a  Paperboard mills.                       265  ...........       1  Paperboard containers                                                  and boxes.               ...........         2652       1  Setup paperboard boxes.               ...........         2653       1  Corrugated and solid                                                  fiber boxes.               ...........         2655       1  Fiber cans, tubes,                                                  drums, and similar                                                  products.               ...........         2657       1  Folding paperboard                                                  boxes, including                                                  sanitary.                       267  ...........       1  Converted paper and                                                  paperboard products,                                                  except containers and                                                  boxes.               ...........         2671       2  Packaging paper and                                                  plastics film, coated                                                  and laminated.               ...........         2672       a  Coated and laminated                                                  paper, not elsewhere                                                  classified.               ...........         2673       2  Plastics, foil, and                                                  coated paper bags.               ...........         2674       1  Uncoated paper and                                                  multiwall bags.               ...........         2676       1  Sanitary paper                                                  products.               ...........         2677       1  Envelopes.               ...........         2678       3  Stationery, tablets,                                                  and related products.               ...........         2679       a  Converted paper and                                                  paperboard products,                                                  not elsewhere                                                  classified.27...........  ...........  ...........       1  Printing, publishing,                                                  and allied industries.                       271  ...........       1  Newspapers: publishing,                                                  or publishing and                                                  printing.               ...........         2711       1  Newspapers: publishing,                                                  or publishing and                                                  printing.                       273  ...........       a  Books.               ...........         2731       a  Books: publishing, or                                                  publishing and                                                  printing.               ...........         2732       3  Book printing.                       274  ...........       1  Miscellaneous                                                  publishing.               ...........         2741       1  Miscellaneous                                                  publishing.                       275  ...........       1  Commercial printing.               ...........         2752       1  Commercial printing,                                                  lithographic.               ...........         2754       1  Commercial printing,                                                  gravure.               ...........         2759       1  Commercial printing,                                                  not elsewhere                                                  classified.                       276  ...........       1  Manifold business                                                  forms.               ...........         2761       1  Manifold business                                                  forms.                       278  ...........       1  Blankbooks, looseleaf                                                  binders, and                                                  bookbinding and                                                  related work.               ...........         2782       1  Blankbooks, looseleaf                                                  binders and devices.                       279  ...........       1  Service industries for                                                  the printing trade.               ...........         2796       1  Platemaking and related                                                  services.28...........  ...........  ...........       1  Chemicals and allied                                                  products.                       281  ...........       1  Industrial inorganic                                                  chemicals.               ...........         2813       1  Industrial gases.               ...........         2819       1  Industrial inorganic                                                  chemicals, not                                                  elsewhere classified.                       282  ...........       1  Plastics materials and                                                  synthetic resins,                                                  synthetic rubber,                                                  cellulosic and other                                                  manmade fibers, except                                                  glass.               ...........         2821       a  Plastics materials,                                                  synthetic resins, and                                                  nonvulcanizable                                                  elastomers.               ...........         2822       2  Synthetic rubber                                                  (vulcanizable                                                  elastomers).                       283  ...........       1  Drugs.               ...........         2833       1  Medicinal chemicals and                                                  botanical products.               ...........         2834       1  Pharmaceutical                                                  preparations.               ...........         2835       1  In vitro and in vivo                                                  diagnostic substances.               ...........         2836       1  Biological products,                                                  except diagnostic                                                  substances.                       284  ...........       1  Soap, detergents, and                                                  cleaning preparations;                                                  perfumes, cosmetics,                                                  and other toilet                                                  preparations.               ...........         2841       1  Soap and other                                                  detergents, except                                                  specialty cleaners.               ...........         2842       1  Specialty cleaning,                                                  polishing, and                                                  sanitation                                                  preparations.               ...........         2844       1  Perfumes, cosmetics,                                                  and other toilet                                                  preparations.                       285  ...........       1  Paints, varnishes,                                                  lacquers, enamels, and                                                  allied products.               ...........         2851       1  Paints, varnishes,                                                  lacquers, enamels, and                                                  allied products.                       286  ...........       1  Industrial organic                                                  chemicals.               ...........         2865       1  Cyclic organic crudes                                                  and intermediates, and                                                  organic dyes and                                                  pigments.               ...........         2869       a  Industrial organic                                                  chemicals, not                                                  elsewhere classified.                       287  ...........       1  Agricultural chemicals.               ...........         2873       1  Nitrogenous                                                  fertilizers.               ...........         2879       1  Pesticides and                                                  agricultural                                                  chemicals, not                                                  elsewhere classified.                       289  ...........       1  Miscellaneous chemical                                                  products.               ...........         2891       1  Adhesives and sealants.               ...........         2899       1  Chemicals and chemical                                                  preparations, not                                                  elsewhere classified.29...........  ...........  ...........       1  Petroleum refining and                                                  related industries.                       291  ...........       1  Petroleum refining.               ...........         2911       1  Petroleum refining.                       295  ...........       1  Asphalt paving and                                                  roofing materials.               ...........         2951       1  Asphalt paving mixtures                                                  and blocks.               ...........         2952       1  Asphalt felts and                                                  coatings.                       299  ...........       a  Miscellaneous products                                                  of petroleum and coal.               ...........         2992       a  Lubricating oils and                                                  greases.30...........  ...........  ...........       1  Rubber and                                                  miscellaneous plastics                                                  products.                       302  ...........       1  Rubber and plastics                                                  footwear.               ...........         3021       1  Rubber and plastics                                                  footwear.                       305  ...........       2  Gaskets, packing, and                                                  sealing devices and                                                  rubber and plastics                                                  hose and belting.               ...........         3052       2  Rubber and plastics                                                  hose and belting.                       306  ...........       2  Fabricated rubber                                                  products, not                                                  elsewhere classified.               ...........         3069       2  Fabricated rubber                                                  products, not                                                  elsewhere classified.                       308  ...........       1  Miscellaneous plastics                                                  products.               ...........         3081       a  Unsupported plastics                                                  film and sheet.               ...........         3082       3  Unsupported plastics                                                  profile shapes.               ...........         3083       1  Laminated plastics                                                  plate, sheet, and                                                  profile shapes.               ...........         3084       a  Plastics pipe.               ...........         3085       1  Plastics bottles.               ...........         3086       2  Plastics foam products.               ...........         3087       3  Custom compounding of                                                  purchased plastics                                                  resin.               ...........         3088       1  Plastics plumbing                                                  fixtures.               ...........         3089       1  Plastics products, not                                                  elsewhere classified.31...........  ...........  ...........       2  Leather and leather                                                  products.                       313  ...........       2  Boot and shoe cut stock                                                  and findings.               ...........         3131       2  Boot and shoe cut stock                                                  and findings.                       314  ...........       2  Footwear, except                                                  rubber.               ...........         3142       b  House slippers.               ...........         3143       2  Men's footwear, except                                                  athletic.               ...........         3144       1  Women's footwear,                                                  except athletic.               ...........         3149       2  Footwear, except                                                  rubber, not elsewhere                                                  classified.                       315  ...........       3  Leather gloves and                                                  mittens.               ...........         3151       3  Leather gloves and                                                  mittens.                       316  ...........       3  Luggage.               ...........         3161       3  Luggage.                       317  ...........       2  Handbags and other                                                  personal leather                                                  goods.               ...........         3171       3  Women's handbags and                                                  purses.               ...........         3172       1  Personal leather goods,                                                  except women's                                                  handbags and purses.32...........  ...........  ...........       1  Stone, clay, glass, and                                                  concrete products.                       321  ...........       2  Flat glass.               ...........         3211       2  Flat glass.                       322  ...........       1  Glass and glassware,                                                  pressed or blown.               ...........         3221       1  Glass containers.                       323  ...........       1  Glass products, made of                                                  purchased glass.               ...........         3231       1  Glass products, made of                                                  purchased glass.                       324  ...........       1  Cement, hydraulic.               ...........         3241       1  Cement, hydraulic.                       326  ...........       3  Pottery and related                                                  products.               ...........         3261       3  Vitreous china plumbing                                                  fixtures and china and                                                  earthenware fittings                                                  and bathroom                                                  accessories.               ...........         3269       3  Pottery products, not                                                  elsewhere classified.                       327  ...........       1  Concrete, gypsum, and                                                  plaster products.               ...........         3271       2  Concrete block and                                                  brick.               ...........         3272       1  Concrete products,                                                  except block and                                                  brick.               ...........         3273       1  Ready-mixed concrete.               ...........         3274       1  Lime.               ...........         3275       a  Gypsum products.                       328  ...........       1  Cut stone and stone                                                  products.               ...........         3281       1  Cut stone and stone                                                  products.                       329  ...........       1  Abrasive, asbestos, and                                                  miscellaneous                                                  nonmetallic mineral                                                  products.               ...........         3295       a  Minerals and earths,                                                  ground or otherwise                                                  treated.               ...........         3296       1  Mineral wool.33...........  ...........  ...........       1  Primary metal                                                  industries.                       331  ...........       1  Steel works, blast                                                  furnaces, and rolling                                                  and finishing mills.               ...........         3312       1  Steel works, blast                                                  furnaces (including                                                  coke ovens), and                                                  rolling mills.               ...........         3317       1  Steel pipe and tubes.                       334  ...........       1  Secondary smelting and                                                  refining of nonferrous                                                  metals.               ...........         3341       1  Secondary smelting and                                                  refining of nonferrous                                                  metals.                       335  ...........       1  Rolling, drawing, and                                                  extruding of                                                  nonferrous metals.               ...........         3351       1  Rolling, drawing, and                                                  extruding of copper.               ...........         3353       a  Aluminum sheet, plate,                                                  and foil.               ...........         3354       1  Aluminum extruded                                                  products.                       336  ...........       a  Nonferrous foundries                                                  (castings).               ...........         3365       a  Aluminum foundries.                       339  ...........       1  Miscellaneous primary                                                  metal products.               ...........         3398       a  Metal heat treating.               ...........         3399       1  Primary metal products,                                                  not elsewhere                                                  classified.34...........  ...........  ...........       1  Fabricated metal                                                  products, except                                                  machinery and                                                  transportation                                                  equipment.                       341  ...........       1  Metal cans and shipping                                                  containers.               ...........         3411       1  Metal cans.               ...........         3412       1  Metal shipping barrels,                                                  drums, kegs, and                                                  pails.                       342  ...........       1  Cutlery, handtools, and                                                  general hardware.               ...........         3421       3  Cutlery.               ...........         3423       a  Hand and edge tools,                                                  except machine tools                                                  and handsaws.               ...........         3429       a  Hardware, not elsewhere                                                  classified.                       343  ...........       2  Heating equipment,                                                  except electric and                                                  warm air; and plumbing                                                  fixtures.               ...........         3433       2  Heating equipment,                                                  except electric and                                                  warm air furnaces.                       344  ...........       2  Fabricated structural                                                  metal products.               ...........         3441       1  Fabricated structural                                                  metal.               ...........         3442       2  Metal doors, sash,                                                  frames, molding, and                                                  trim.               ...........         3443       1  Fabricated plate work                                                  (boiler shops).               ...........         3444       2  Sheet metal work.               ...........         3446       3  Architectural and                                                  ornamental metal work.               ...........         3449       2  Miscellaneous                                                  structural metal work.                       345  ...........       1  Screw machine products,                                                  and bolts, nuts,                                                  screws, rivets, and                                                  washers.               ...........         3452       1  Bolts, nuts, screws,                                                  rivets, and washers.                       346  ...........       1  Metal forgings and                                                  stampings.               ...........         3469       1  Metal stampings, not                                                  elsewhere classified.                       347  ...........       2  Coating, engraving, and                                                  allied services.               ...........         3471       2  Electroplating,                                                  plating, polishing,                                                  anodizing and                                                  coloring.                       349  ...........       2  Miscellaneous                                                  fabricated metal                                                  products.               ...........         3494       1  Valves and pipe                                                  fittings, not                                                  elsewhere classified.               ...........         3495       2  Wire springs.               ...........         3496       1  Miscellaneous                                                  fabricated wire                                                  products.               ...........         3498       a  Fabricated pipe and                                                  pipe fittings.               ...........         3499       2  Fabricated metal                                                  products, not                                                  elsewhere classified.35...........  ...........  ...........       1  Industrial and                                                  commercial machinery                                                  and computer                                                  equipment.                       353  ...........       a  Construction, mining,                                                  and materials handling                                                  machinery and                                                  equipment.               ...........         3535       a  Conveyors and conveying                                                  equipment.                       354  ...........       1  Metalworking machinery                                                  and equipment.               ...........         3541       a  Machine tools, metal                                                  cutting types.               ...........         3544       1  Special dies and tools,                                                  die sets, jigs and                                                  fixtures, and                                                  industrial molds.               ...........         3545       1  Cutting tools, machine                                                  tool accessories, and                                                  machinists' precision                                                  measuring devices.                       355  ...........       1  Special industry                                                  machinery, except                                                  metalworking                                                  machinery.               ...........         3555       1  Printing trades                                                  machinery and                                                  equipment.                       356  ...........       1  General industrial                                                  machinery and                                                  equipment.               ...........         3562       a  Ball and roller                                                  bearings.               ...........         3563       1  Air and gas                                                  compressors.               ...........         3564       a  Industrial and                                                  commercial fans and                                                  blowers and air                                                  purification                                                  equipment.               ...........         3568       1  Mechanical power                                                  transmission                                                  equipment, not                                                  elsewhere classified.               ...........         3569       1  General industrial                                                  machinery and                                                  equipment, not                                                  elsewhere classified.                       357  ...........       1  Computer and office                                                  equipment.               ...........         3571       3  Electronic computers.               ...........         3572       1  Computer storage                                                  devices.               ...........         3577       1  Computer peripheral                                                  equipment, not                                                  elsewhere classified.               ...........         3579       1  Office machines, not                                                  elsewhere classified.                       358  ...........       1  Refrigeration and                                                  service industry                                                  machinery.               ...........         3585       1  Air-conditioning and                                                  warm air heating                                                  equipment and                                                  commercial and                                                  industrial                                                  refrigeration                                                  equipment.               ...........         3589       b  Service industry                                                  machinery, not                                                  elsewhere classified.                       359  ...........       2  Miscellaneous                                                  industrial and                                                  commercial machinery                                                  and equipment.               ...........         3592       2  Carburetors, pistons,                                                  piston rings, and                                                  valves.               ...........         3596       a  Scales and balances,                                                  except laboratory.               ...........         3599       1  Industrial and                                                  commercial machinery                                                  and equipment, not                                                  elsewhere classified.36...........  ...........  ...........       1  Electronic and other                                                  electrical equipment                                                  and components, except                                                  computer equipment.                       361  ...........       1  Electronic transmission                                                  and distribution                                                  equipment.               ...........         3612       1  Power, distribution,                                                  and specialty                                                  transformers.               ...........         3613       1  Switchgear and                                                  switchboard apparatus.                       362  ...........       1  Electrical industrial                                                  apparatus.               ...........         3621       1  Motors and generators.               ...........         3624       1  Carbon and graphite                                                  products.               ...........         3625       1  Relays and industrial                                                  controls.               ...........         3629       1  Electrical industrial                                                  apparatus, not                                                  elsewhere classified.                       363  ...........       a  Household appliances.               ...........         3639       a  Household appliances,                                                  not elsewhere                                                  classified.                       364  ...........       1  Electric lighting and                                                  wiring equipment.               ...........         3641       1  Electric lamp bulbs and                                                  tubes.               ...........         3643       1  Current-carrying wiring                                                  devices.               ...........         3644       1  Noncurrent-carrying                                                  wiring devices.               ...........         3645       a  Residential electric                                                  lighting fixtures.               ...........         3646       2  Commercial, industrial,                                                  and institutional                                                  electric lighting                                                  fixtures.               ...........         3648       2  Lighting equipment, not                                                  elsewhere classified.                       365  ...........       1  Household audio and                                                  video equipment, and                                                  audio recordings.               ...........         3651       1  Household audio and                                                  video equipment.               ...........         3652       a  Phonograph records and                                                  pre-recorded audio                                                  tapes and disks.                       366  ...........       1  Communications                                                  equipment.               ...........         3661       1  Telephone and telegraph                                                  apparatus.               ...........         3663       1  Radio and television                                                  broadcasting and                                                  communications                                                  equipment.               ...........         3669       1  Communications                                                  equipment, not                                                  elsewhere classified.                       367  ...........       1  Electronic components                                                  and accessories.               ...........         3672       2  Printed circuit boards.               ...........         3674       1  Semiconductors and                                                  related devices.               ...........         3677       2  Electronic coils,                                                  transformers and other                                                  inductors.               ...........         3678       1  Electronic connectors.               ...........         3679       1  Electronic components,                                                  not elsewhere                                                  classified.                       369  ...........       1  Miscellaneous                                                  electrical machinery,                                                  equipment, and                                                  supplies.               ...........         3692       1  Primary batteries, dry                                                  and wet.               ...........         3694       1  Electrical equipment                                                  for internal                                                  combustion engines.37...........  ...........  ...........       1  Transportation                                                  Equipment.                       371  ...........       1  Motor vehicles and                                                  motor vehicle                                                  equipment.               ...........         3713       1  Truck and bus bodies.               ...........         3714       1  Motor vehicle parts and                                                  accessories.                       372  ...........       1  Aircraft and parts.               ...........         3721       a  Aircraft.               ...........         3728       1  Aircraft parts and                                                  auxiliary equipment,                                                  not elsewhere                                                  classified.                       373  ...........       1  Ship and boat building                                                  and repairing.               ...........         3731       a  Ship building and                                                  repairing.               ...........         3732       2  Boat building and                                                  repairing.                       379  ...........       a  Miscellaneous                                                  transportation                                                  equipment.               ...........         3792       a  Travel trailers and                                                  campers.38...........  ...........  ...........       1  Measuring, analyzing,                                                  and controlling                                                  instruments;                                                  photographic, medical,                                                  and optical goods,                                                  watches and clocks.                       381  ...........       1  Search, detection,                                                  navigation, guidance,                                                  aeronautical, and                                                  nautical systems,                                                  instruments, and                                                  equipment.               ...........         3812       1  Search, detection,                                                  navigation, guidance,                                                  aeronautical, and                                                  nautical systems,                                                  instruments, and                                                  equipment.                       382  ...........       1  Laboratory apparatus                                                  and analytical,                                                  optical, measuring,                                                  and controlling                                                  instrument.               ...........         3821       1  Laboratory apparatus                                                  and furniture.               ...........         3822       1  Automatic controls for                                                  regulating residential                                                  and commercial                                                  environments and                                                  appliances.               ...........         3823       1  Industrial instruments                                                  for measurement,                                                  display, and control                                                  of process variables;                                                  and related products.               ...........         3824       a  Totalizing fluid meters                                                  and counting devices.               ...........         3825       1  Instruments for                                                  measuring and testing                                                  of electricity and                                                  electrical signals.               ...........         3829       2  Measuring and                                                  controlling devices,                                                  not elsewhere                                                  classified.                       384  ...........       1  Surgical, medical, and                                                  dental instruments and                                                  supplies.               ...........         3841       1  Surgical and medical                                                  instruments and                                                  apparatus.               ...........         3842       1  Orthopedic, prosthetic,                                                  and surgical                                                  appliances and                                                  supplies.               ...........         3843       1  Dental equipment and                                                  supplies.               ...........         3844       a  X-ray apparatus and                                                  tubes and related                                                  irradiation apparatus.               ...........         3845       1  Electromedical and                                                  electrotherapeutic                                                  apparatus.                       385  ...........       1  Ophthalmic goods.               ...........         3851       1  Ophthalmic goods.                       386  ...........       a  Photographic equipment                                                  and supplies.               ...........         3861       a  Photographic equipment                                                  and supplies.                       387  ...........       1  Watches, clocks,                                                  clockwork operated                                                  devices, and parts.               ...........         3873       1  Watches, clocks,                                                  clockwork operated                                                  devices, and parts.39...........  ...........  ...........       1  Miscellaneous                                                  manufacturing                                                  industries.                       391  ...........       1  Jewelry, silverware,                                                  and plated ware.               ...........         3911       1  Jewelry, precious                                                  metal.               ...........         3914       a  Silverware, plated                                                  ware, and stainless                                                  steel ware.               ...........         3915       1  Jewelers' findings and                                                  materials, and                                                  lapidary work.                       394  ...........       2  Dolls, toys, games, and                                                  sporting and athletic                                                  goods.               ...........         3942       2  Dolls and stuffed toys.               ...........         3949       2  Sporting and athletic                                                  goods, not elsewhere                                                  classified.                       395  ...........       2  Pens, pencils, and                                                  other artists'                                                  materials.               ...........         3951       3  Pens, mechanical                                                  pencils, and parts.               ...........         3952       a  Lead pencils, crayons,                                                  and artists'                                                  materials.               ...........         3953       1  Marking devices.                       396  ...........       1  Costume jewelry,                                                  costume novelties,                                                  buttons, and                                                  miscellaneous notions,                                                  except precious metal.               ...........         3961       1  Costume jewelry and                                                  costume novelties,                                                  except precious metal.               ...........         3965       a  Fasteners, buttons,                                                  needles, and pins.                       399  ...........       1  Miscellaneous                                                  manufacturing                                                  industries.               ...........         3991       a  Brooms and brushes.               ...........         3993       2  Signs and advertising                                                  specialties.               ...........         3995       2  Burial caskets.               ...........         3999       2  Manufacturing                                                  industries, not                                                  elsewhere classified.------------------------------------------------------------------------ a=Category contained less than three employers.

[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990, as amended at 55 FR 39575, Sept. 27, 1990; 57 FR 1103, Jan. 10, 1992]

Appendix B to Part 510—Nonmanufacturing Industries Eligible for Minimum Wage Phase-In
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This appendix contains a listing of all non-manufacturing industries (except those in major groups 01, 02, 08, and 09, pertaining to agriculture) for which data were collected and compiled by the Commonwealth of Puerto Rico for purposes of implementing the 1989 Amendments to FLSA. This listing follows the order and classifications used in the SIC Manual, 1987, which is incorporated by reference in these regulations (§510.21).

The data in this appendix are presented by major industry group (two-digit classification), industry group number (three-digit classification), and industry number (four-digit classification).

Tiers will not be listed for industry categories in which there were fewer than three responding employers, or one responding employer had more than 80 percent of the employment in the category, in conformance with practices of the U.S. Bureau of Labor Statistics in collecting and publishing similar data, until such time as Puerto Rico receives appropriate waivers of confidentiality from all employers in such categories. These categories are noted with an “a” on the following table. In situations where one or more employers declined to furnish a waiver, categories are noted with a “b” on the following table.

In addition, no tier will be listed where an industry was not included in the original survey because it was not in existence, because the industry was too small to be included, or for other reasons.

Employers who do not find the four-digit classification for their industry shall refer to the appropriate three-digit classification under which their establishment falls. If the appropriate three-digit classification is not listed, employers shall refer to the appropriate two-digit classification.

For example, no tier is listed for industry number 1423, crushed and broken granite. However, a tier is listed for industry group 142, crushed and broken stone, including riprap. Thus, an employer in industry 1423 must use the tier listed for industry group 142, i.e., Tier 1. Furthermore, employers who find the appropriate four-digit designation in this appendix must use that designation and cannot refer to a two- or three-digit classification. For example, an employer with industry number 5719, miscellaneous homefurnishings stores, which has a Tier 1 designation, cannot refer to industry group number 571, home furniture and furnishings stores, which has a Tier 2 designation.

Important: In referring to this appendix to determine appropriate tier designations, please note that certain categories of employees are subject to treatment under Tier 1 regardless of the average hourly wage rate for the industry and the tier designation contained herein. These employees, as listed in the 1989 Amendments, are those employed by:

(a) The United States,

(b) An establishment that is a hotel, motel, or restaurant, or

(c) Any other retail or service establishment that employs such employee in connection with the preparation or offering of food or beverages for human consumption, either on the premises, or by such services as catering, banquet, box lunch, or curb or counter service, to the public, to employees, or to members or guests of clubs.

Please note that these named categories may not correspond exactly to categories established by the SIC manual.

If no four-digit, three-digit, or two-digit classification is listed for an industry, employers in that group must pay the Tier 1 rates.

                       Nonmanufacturing Industries------------------------------------------------------------------------                 Industry Major group      group       Industry    Tier           Industry                  number       number------------------------------------------------------------------------01...........  ...........  ...........       3  Agricultural                                                  production_crops.                       011  ...........       3  Cash grains.               ...........         0119       3  Cash grains, not                                                  elsewhere classified.                       013  ...........       3  Field crops, except                                                  cash grains.               ...........         0133       3  Sugarcane and sugar                                                  beets.               ...........         0139       3  Field crops, except                                                  cash grains, not                                                  elsewhere classified.                       016  ...........       3  Vegetables and melons.               ...........         0161       3  Vegetables and melons.                       017  ...........       3  Fruits and tree nuts.               ...........         0174       3  Citrus fruits.               ...........         0179       3  Fruits and tree nuts,                                                  not elsewhere                                                  classified.                       018  ...........       3  Horticultural                                                  specialties.               ...........         0181       3  Ornamental floriculture                                                  and nursery products.                       019  ...........       3  General farms,                                                  primarily crop.               ...........         0191       3  General farms,                                                  primarily crop.02...........  ...........  ...........       3  Agricultural                                                  production_livestock                                                  and animal                                                  specialties.                       021  ...........       3  Livestock, except dairy                                                  and poultry.               ...........         0211       3  Beef cattle feedlots.               ...........         0213       3  Hogs.                       024  ...........       3  Dairy farms.               ...........         0241       3  Dairy farms.                       025  ...........       3  Poultry and eggs.               ...........         0251       3  Broiler, fryer, and                                                  roaster chickens.               ...........         0252       3  Chicken eggs.               ...........         0254       2  Poultry hatcheries.                       027  ...........       3  Animal specialties.               ...........         0271       3  Fur-bearing animals and                                                  rabbits.               ...........         0272       2  Horse and other                                                  equines.               ...........         0273       3  Animal aquaculture.               ...........         0279       3  Animal specialties, not                                                  else where classified.07...........  ...........  ...........       3  Agricultural services.                       072  ...........       3  Crop services.               ...........         0723       3  Crop preparation                                                  services for market,                                                  except cotton ginning.                       074  ...........       2  Veterinary services.                       075  ...........       a  Animal services except                                                  veterinary.               ...........         0751       a  Livestock services,                                                  except veterinary.                       078  ...........       3  Landscape and                                                  horticultural                                                  services.14...........  ...........  ...........       1  Mining and quarrying of                                                  nonmetallic minerals,                                                  except fuels.               ...........         1422       2  Crushed and broken                                                  limestone.               ...........         1429       1  Crushed and broken                                                  stone, not elsewhere                                                  classified.                       144  ...........       1  Sand and gravel.               ...........         1442       1  Construction sand and                                                  gravel.15...........  ...........  ...........       1  Building construction-                                                  general contractors                                                  and operative                                                  builders.                       152  ...........       1  General building                                                  contractors-                                                  residential buildings.                       154  ...........       1  General building                                                  contractors-                                                  nonresidential                                                  buildings.16...........  ...........  ...........       1  Heavy construction                                                  other than building                                                  construction-                                                  contractors.                       161  ...........       1  Highway and street                                                  construction, except                                                  elevated highways.               ...........         1611       1  Highway and street                                                  construction, except                                                  elevated highways.                       162  ...........       1  Heavy construction,                                                  except highway and                                                  street construction.               ...........         1622       1  Bridge, tunnel, and                                                  elevated highway                                                  construction.               ...........         1623       1  Water, sewer, pipeline,                                                  and communications and                                                  power line                                                  construction.               ...........         1629       a  Heavy construction, not                                                  elsewhere classified.17...........  ...........  ...........       1  Construction-special                                                  trade contractors.                       171  ...........       1  Plumbing, heating and                                                  air-conditioning.               ...........         1711       1  Plumbing, heating and                                                  air-conditioning.                       172  ...........       2  Painting and paper                                                  hanging.               ...........         1721       2  Painting and paper                                                  hanging.                       173  ...........       1  Electrical work.               ...........         1731       1  Electrical work.                       174  ...........       1  Masonry, stonework,                                                  tile setting, and                                                  plastering.               ...........         1741       1  Masonry, stone setting,                                                  and other stone work.               ...........         1742       1  Plastering, drywall,                                                  acoustical, and                                                  insulation work.               ...........         1743       1  Terrazzo, tile, marble,                                                  and mosaic work.                       175  ...........       a  Carpentry and floor                                                  work.               ...........         1751       a  Carpentry work.                       176  ...........       2  Roofing, siding, and                                                  sheet metal work.               ...........         1761       2  Roofing, siding, and                                                  sheet metal work.                       179  ...........       1  Miscellaneous special                                                  trade contractors.               ...........         1791       1  Structural steel                                                  erection.               ...........         1793       2  Glass and glazing work.               ...........         1794       a  Excavation work.               ...........         1795       a  Wrecking and demolition                                                  work.               ...........         1796       1  Installation or                                                  erection of building                                                  equipment, not                                                  elsewhere classified.               ...........         1799       1  Special trade                                                  contractors, not                                                  elsewhere classified.41...........  ...........  ...........       3  Local and suburban                                                  transit and interurban                                                  highway passenger                                                  transportation.                       411  ...........       2  Local and suburban                                                  passenger                                                  transportation.               ...........         4111       2  Local and suburban                                                  transit.                       412  ...........       3  Taxicabs.               ...........         4121       3  Taxicabs.                       413  ...........       3  Intercity and rural bus                                                  transportation.               ...........         4131       3  Intercity and rural bus                                                  transportation.                       415  ...........       a  School buses.               ...........         4151       a  School buses.42...........  ...........  ...........       1  Motor freight                                                  transportation and                                                  warehousing.                       421  ...........       1  Trucking and courier                                                  services, except air.                       422  ...........       1  Public warehousing and                                                  storage.               ...........         4221       1  Farm product                                                  warehousing and                                                  storage.               ...........         4222       a  Refrigerated                                                  warehousing and                                                  storage.               ...........         4225       1  General warehousing and                                                  storage.               ...........         4226       1  Special warehousing and                                                  storage, not elsewhere                                                  classified.44...........  ...........  ...........       1  Water transportation.                       442  ...........       a  Deep sea domestic                                                  transportation of                                                  freight.               ...........         4424       a  Deep sea domestic                                                  transportation of                                                  freight.                       444  ...........       1  Water transportation of                                                  freight, not elsewhere                                                  classified.               ...........         4449       1  Water transportation of                                                  freight, not elsewhere                                                  classified.                       449  ...........       1  Services incidental to                                                  water transportation.               ...........         4491       1  Marine cargo handling.               ...........         4492       a  Towing and tugboat                                                  services.               ...........         4499       1  Water transportation                                                  services, not                                                  elsewhere classified.45...........  ...........  ...........       1  Transportation by air.                       451  ...........       1  Air transportation,                                                  scheduled, and air                                                  courier services.               ...........         4512       1  Air transportation,                                                  scheduled.                       452  ...........       a  Air transportation,                                                  nonscheduled.               ...........         4522       a  Air transportation,                                                  nonscheduled.                       458  ...........       a  Airports, flying                                                  fields, and airport                                                  terminal services.               ...........         4581       a  Airports, flying                                                  fields, and airport                                                  terminal services.46...........  ...........  ...........       a  Pipelines, except                                                  natural gas.                       461  ...........       1  Pipelines, except                                                  natural gas.               ...........         4613       1  Refined petroleum                                                  pipelines.47...........  ...........  ...........       1  Transportation                                                  services.                       472  ...........       1  Arrangement of                                                  passenger                                                  transportation.               ...........         4729       1  Arrangement of                                                  passenger                                                  transportation, not                                                  elsewhere classified.                       473  ...........       1  Arrangement of                                                  transportation of                                                  freight and cargo.               ...........         4731       1  Arrangement of                                                  transportation of                                                  freight and cargo.                       478  ...........       1  Miscellaneous services                                                  incidental to                                                  transportation.               ...........         4785       1  Fixed facilities and                                                  inspection and                                                  weighing services for                                                  motor vehicle                                                  transportation.48...........  ...........  ...........       1  Communications.                       482  ...........       b  Telegraph and other                                                  message                                                  communications.               ...........         4822       b  Telegraph and other                                                  message                                                  communications.                       483  ...........       1  Radio and television                                                  broadcasting stations.               ...........         4832       1  Radio broadcasting                                                  stations.               ...........         4833       1  Television broadcasting                                                  stations.                       489  ...........       3  Communications                                                  services, not                                                  elsewhere classified.               ...........         4899       3  Communications                                                  services, not                                                  elsewhere classified.49...........  ...........  ...........       1  Electric, gas and                                                  sanitary services.                       492  ...........       1  Gas production and                                                  distribution.               ...........         4923       1  Natural gas                                                  transmission and                                                  distribution.               ...........         4925       1  Mixed, manufactured, or                                                  liquefied petroleum                                                  gas production and/or                                                  distribution.                       495  ...........       1  Sanitary services.               ...........         4953       1  Refuse systems.                       497  ...........       a  Irrigation systems.               ...........         4971       a  Irrigation systems.50...........  ...........  ...........       1  Wholesale trade-durable                                                  goods.                       501  ...........       1  Motor vehicles and                                                  motor vehicle parts                                                  and supplies.               ...........         5012       a  Automobiles and other                                                  motor vehicles.               ...........         5013       1  Motor vehicle supplies                                                  and new parts.               ...........         5014       1  Tires and tubes.                       502  ...........       1  Furniture and                                                  homefurnishings.               ...........         5021       2  Furniture.               ...........         5023       1  Homefurnishings.                       503  ...........       2  Lumber and other                                                  construction                                                  materials.               ...........         5031       2  Lumber, plywood,                                                  millwork, and wood                                                  panels.               ...........         5039       1  Construction materials,                                                  not elsewhere                                                  classified.                       504  ...........       1  Professional and                                                  commercial equipment                                                  and supplies.               ...........         5043       1  Photographic equipment                                                  and supplies.               ...........         5046       1  Commercial equipment,                                                  not elsewhere                                                  classified.               ...........         5049       1  Professional equipment                                                  and supplies, not                                                  elsewhere classified.                       505  ...........       1  Metals and minerals,                                                  except petroleum.               ...........         5051       1  Metals service centers                                                  and offices.                       506  ...........       1  Electrical goods.               ...........         5063       1  Electrical apparatus                                                  and equipment, wiring                                                  supplies and                                                  construction                                                  materials.               ...........         5064       1  Electrical appliances,                                                  television and radio                                                  sets.               ...........         5065       1  Electronic parts and                                                  equipment, not                                                  elsewhere classified.                       507  ...........       1  Hardware, and plumbing                                                  and heating equipment                                                  and supplies.               ...........         5072       1  Hardware.               ...........         5074       1  Plumbing and heating                                                  equipment and supplies                                                  (hydronics).               ...........         5075       a  Warm air heating and                                                  air-conditioning                                                  equipment and                                                  supplies.               ...........         5078       a  Refrigeration equipment                                                  and supplies.                       508  ...........       1  Machinery, equipment,                                                  and supplies.               ...........         5082       1  Construction and mining                                                  (except petroleum)                                                  machinery and                                                  equipment.               ...........         5083       a  Farm and garden                                                  machinery and                                                  equipment.               ...........         5084       1  Industrial machinery                                                  and equipment.               ...........         5085       1  Industrial supplies.               ...........         5087       2  Service establishment                                                  equipment and                                                  supplies.                       509  ...........       1  Miscellaneous durable                                                  goods.               ...........         5091       a  Sporting and                                                  recreational goods and                                                  supplies.               ...........         5092       1  Toys and hobby goods                                                  and supplies.               ...........         5093       1  Scrap and waste                                                  materials.               ...........         5094       1  Jewelry, watches,                                                  precious stones, and                                                  precious metals.               ...........         5099       1  Durable goods, not                                                  elsewhere classified.51...........  ...........  ...........       1  Wholesale                                                  trade_nondurable                                                  goods.                       511  ...........       1  Paper and paper                                                  products.               ...........         5111       1  Printing and writing                                                  paper.               ...........         5112       3  Stationery and office                                                  supplies.               ...........         5113       1  Industrial and personal                                                  service paper.                       512  ...........       1  Drugs, drug                                                  proprietaries, and                                                  druggists' sundries.               ...........         5122       1  Drugs, drug                                                  proprietaries, and                                                  druggists' sundries.                       513  ...........       2  Apparel, piece goods,                                                  and notions.               ...........         5131       2  Piece goods, notions,                                                  and other dry goods.               ...........         5136       1  Men's and boys'                                                  clothing and                                                  furnishings.               ...........         5137       3  Women's, children's,                                                  and infants' clothing                                                  and accessories.               ...........         5139       2  Footwear.                       514  ...........       1  Groceries and related                                                  products.               ...........         5141       1  Groceries, general                                                  line.               ...........         5142       1  Packaged frozen foods.               ...........         5143       a  Dairy products, except                                                  dried or canned.               ...........         5144       3  Poultry and poultry                                                  products.               ...........         5145       a  Confectionery.               ...........         5146       a  Fish and seafoods.               ...........         5147       a  Meats and meat                                                  products.               ...........         5148       1  Fresh fruits and                                                  vegetables.               ...........         5149       1  Groceries and related                                                  products, not                                                  elsewhere classified.                       515  ...........       a  Farm-product raw                                                  materials.               ...........         5154       a  Livestock.                       516  ...........       1  Chemicals and allied                                                  products.               ...........         5169       1  Chemicals and allied                                                  products, not                                                  elsewhere classified.                       517  ...........       1  Petroleum and petroleum                                                  products.               ...........         5171       1  Petroleum bulk stations                                                  and terminals.               ...........         5172       1  Petroleum and petroleum                                                  products wholesalers,                                                  except bulk stations                                                  and terminals.                       518  ...........       1  Beer, wine and                                                  distilled alcoholic                                                  beverages.               ...........         5181       1  Beer and ale.                       519  ...........       1  Miscellaneous                                                  nondurable goods.               ...........         5191       3  Farm supplies.               ...........         5194       3  Tobacco and tobacco                                                  products.               ...........         5198       b  Paints, varnishes, and                                                  supplies.               ...........         5199       1  Nondurable goods, not                                                  elsewhere classified.52...........  ...........  ...........       2  Building materials,                                                  hardware, garden                                                  supply, and mobile                                                  home dealers.                       521  ...........       3  Lumber and other                                                  building materials                                                  dealers.               ...........         5211       3  Lumber and other                                                  building materials                                                  dealers.                       523  ...........       1  Paint, glass, and                                                  wallpaper stores.               ...........         5231       1  Paint, glass, and                                                  wallpaper stores.                       525  ...........       2  Hardware stores.               ...........         5251       2  Hardware stores.                       526  ...........       3  Retail nurseries, lawn                                                  and garden supply                                                  stores.               ...........         5261       3  Retail nurseries, lawn                                                  and garden supply                                                  stores.53...........  ...........  ...........       1  General merchandise                                                  stores.                       531  ...........       1  Department stores.               ...........         5311       1  Department stores.                       533  ...........       2  Variety stores.               ...........         5331       2  Variety stores.                       539  ...........       3  Miscellaneous general                                                  merchandise stores.               ...........         5399       3  Miscellaneous general                                                  merchandise stores.54...........  ...........  ...........       2  Food stores.                       541  ...........       2  Grocery stores.               ...........         5411       2  Grocery stores.                       542  ...........       1  Meat and fish (seafood)                                                  markets, including                                                  freezer provisioners.               ...........         5421       1  Meat and fish (seafood)                                                  markets, including                                                  freezer provisioners.               ...........         5421       a  Meat and fish (seafood)                                                  markets, including                                                  freezer provisioners.                       543  ...........       3  Fruit and vegetable                                                  markets.               ...........         5431       3  Fruit and vegetable                                                  markets.                       546  ...........       3  Retail bakeries.               ...........         5461       3  Retail bakeries.                       549  ...........       3  Miscellaneous food                                                  stores.               ...........         5499       3  Miscellaneous food                                                  stores.55...........  ...........  ...........       1  Automotive dealers and                                                  gasoline service                                                  stations.                       551  ...........       1  Motor vehicle dealers                                                  (new and used).               ...........         5511       1  Motor vehicle dealers                                                  (new and used).                       552  ...........       2  Motor vehicle dealers                                                  (used only).               ...........         5521       2  Motor vehicle dealers                                                  (used only).                       553  ...........       1  Auto and home supply                                                  stores.               ...........         5531       1  Auto and home supply                                                  stores.                       554  ...........       3  Gasoline service                                                  stations.               ...........         5541       3  Gasoline service                                                  stations.56...........  ...........  ...........       3  Apparel and accessory                                                  stores.                       561  ...........       3  Men's and boys'                                                  clothing and accessory                                                  stores.               ...........         5611       3  Men's and boys'                                                  clothing and accessory                                                  stores.                       562  ...........       3  Women's clothing                                                  stores.               ...........         5621       3  Women's clothing                                                  stores.                       563  ...........       3  Women's accessory and                                                  specialty stores.               ...........         5632       3  Women's accessory and                                                  specialty stores.                       564  ...........       3  Children's and infants'                                                  wear stores.               ...........         5641       3  Children's and infants'                                                  wear stores.                       565  ...........       3  Family clothing stores.               ...........         5651       3  Family clothing stores.                       566  ...........       2  Shoe stores.               ...........         5661       2  Shoe stores.                       569  ...........       3  Miscellaneous apparel                                                  and accessory stores.               ...........         5699       3  Miscellaneous apparel                                                  and accessory stores.57...........  ...........  ...........       2  Home furniture,                                                  furnishings, and                                                  equipment stores.                       571  ...........       2  Home furniture and                                                  furnishings stores.               ...........         5712       2  Furniture stores.               ...........         5713       a  Floor covering stores.               ...........         5714       3  Drapery, curtain, and                                                  upholstery stores.               ...........         5719       1  Miscellaneous                                                  homefurnishings                                                  stores.                       572  ...........       1  Household appliance                                                  stores.               ...........         5722       1  Household appliance                                                  stores.                       573  ...........       2  Radio, television,                                                  consumer electronics,                                                  and music stores.               ...........         5731       a  Radio, television, and                                                  consumer electronics                                                  stores.               ...........         5735       1  Record and prerecorded                                                  tape stores.58...........  ...........  ...........       1  Eating and drinking                                                  places.                   \1\ 581  ...........       1  Eating and drinking                                                  places.59...........  ...........  ...........       1  Miscellaneous retail.                       591  ...........       1  Drug stores and                                                  proprietary stores.               ...........         5912       1  Drug stores and                                                  proprietary stores.                       592  ...........       a  Liquor stores.               ...........         5921       a  Liquor stores.                       593  ...........       3  Used merchandise                                                  stores.               ...........         5932       3  Used merchandise                                                  stores.                       594  ...........       1  Miscellaneous shopping                                                  goods stores.               ...........         5941       1  Sporting goods stores                                                  and bicycle shops.               ...........         5942       1  Book stores.               ...........         5943       2  Stationery stores.               ...........         5944       1  Jewelry stores.               ...........         5945       3  Hobby, toy, and game                                                  shops.               ...........         5946       2  Camera and photographic                                                  supply stores.               ...........         5947       3  Gift, novelty, and                                                  souvenir shops.               ...........         5949       3  Sewing, needlework, and                                                  piece goods stores.                       596  ...........       a  Nonstore retailers.               ...........         5962       a  Automatic merchandising                                                  machine operators.               ...........         5963       a  Direct selling                                                  establishments.                       598  ...........       2  Fuel dealers.               ...........         5984       2  Liquefied petroleum gas                                                  (bottled gas) dealers.                       599  ...........       1  Retail stores, not                                                  elsewhere classified.               ...........         5992       3  Florists.               ...........         5999       1  Miscellaneous retail                                                  stores, not elsewhere                                                  classified.60...........  ...........  ...........       1  Depository                                                  institutions.                       602  ...........       1  Commercial banks.               ...........         6021       1  National commercial                                                  banks.               ...........         6022       1  State commercial banks.               ...........         6029       1  Commercial banks, not                                                  elsewhere classified.                       603  ...........       1  Savings institutions.               ...........         6035       1  Savings institutions,                                                  Federally chartered.               ...........         6036       1  Savings institutions,                                                  not Federally                                                  chartered.                       606  ...........       1  Credit unions.               ...........         6061       1  Credit unions,                                                  Federally chartered.               ...........         6062       1  Credit unions, not                                                  Federally chartered.                       609  ...........       2  Functions related to                                                  depository banking.               ...........         6099       2  Functions related to                                                  depository banking,                                                  not elsewhere                                                  classified.61...........  ...........  ...........       1  Nondepository credit                                                  institutions.                       614  ...........       1  Personal credit                                                  institutions.               ...........         6141       1  Personal credit                                                  institutions.                       615  ...........       1  Business credit                                                  institutions.               ...........         6153       b  Short-term business                                                  credit institutions,                                                  except agricultural.               ...........         6159       1  Miscellaneous business                                                  credit institutions.                       616  ...........       1  Mortgage bankers and                                                  brokers.               ...........         6162       1  Mortgage bankers and                                                  loan correspondents.62...........  ...........  ...........       1  Security and commodity                                                  brokers, dealers,                                                  exchanges, and                                                  services.                       621  ...........       1  Security brokers,                                                  dealers, and flotation                                                  companies.               ...........         6211       1  Security brokers,                                                  dealers, and flotation                                                  companies.                       622  ...........       a  Commodity contracts                                                  brokers and dealers.               ...........         6221       a  Commodity contracts                                                  brokers and dealers.63...........  ...........  ...........       1  Insurance carriers.                       631  ...........       1  Life insurance.               ...........         6311       1  Life insurance.                       632  ...........       1  Accidental and health                                                  insurance and medical                                                  service plans.               ...........         6321       1  Accident and health                                                  insurance.               ...........         6324       b  Hospital and medical                                                  service plans.                       633  ...........       1  Fire, marine, and                                                  casualty insurance.               ...........         6331       1  Fire, marine, and                                                  casualty insurance.                       635  ...........       1  Surety insurance.               ...........         6351       1  Surety insurance.                       636  ...........       b  Title insurance.               ...........         6361       b  Title insurance.                       637  ...........       1  Pension, health, and                                                  welfare funds.               ...........         6371       1  Pension, health, and                                                  welfare funds.64...........  ...........  ...........       1  Insurance agents,                                                  brokers, and service.                       641  ...........       1  Insurance agents,                                                  brokers, and service.               ...........         6411       1  Insurance agents,                                                  brokers, and service.65...........  ...........  ...........       1  Real estate.                       651  ...........       1  Real estate operators                                                  (except developers)                                                  and lessors.                       653  ...........       1  Real estate agents and                                                  managers.               ...........         6531       1  Real estate agents and                                                  managers.                       655  ...........       1  Land subdividers and                                                  developers.               ...........         6552       1  Land subdividers and                                                  developers, except                                                  cemeteries.               ...........         6553       a  Cemetery subdividers                                                  and developers.70...........  ...........  ...........       1  Hotels, rooming houses,                                                  camps, and other                                                  lodging places.                       701  ...........       1  Hotels and motels.               ...........         7011       1  Hotels and motels.                       702  ...........       1  Rooming and boarding                                                  houses.               ...........         7021       1  Rooming and boarding                                                  houses.72...........  ...........  ...........       1  Personal services.                       721  ...........       2  Laundry, cleaning, and                                                  garment services.                       722  ...........       3  Photographic studios,                                                  portrait.               ...........         7221       3  Photographic studios,                                                  portrait.                       723  ...........       1  Beauty shops.               ...........         7231       1  Beauty shops.                       724  ...........       1  Barber shops               ...........         7241       1  Barber shops.                       725  ...........       2  Shoe repair shops and                                                  shoeshine parlors.               ...........         7251       2  Shoe repair shops and                                                  shoeshine parlors.                       726  ...........       1  Funeral service and                                                  crematories.               ...........         7261       1  Funeral service and                                                  crematories.                       729  ...........       1  Miscellaneous personal                                                  services.               ...........         7299       1  Miscellaneous personal                                                  services, not                                                  elsewhere classified.73...........  ...........  ...........       2  Business services.                       731  ...........       1  Advertising.               ...........         7311       1  Advertising agencies.               ...........         7312       1  Outdoor advertising                                                  services.               ...........         7319       a  Advertising, not                                                  elsewhere classified.                       732  ...........       b  Consumer credit                                                  reporting agencies,                                                  mercantile reporting                                                  agencies, and                                                  adjustment and                                                  collection agencies.               ...........         7323       b  Credit reporting                                                  services.                       733  ...........       2  Mailing, reproduction,                                                  commercial art and                                                  photography, and                                                  stenographic services.               ...........         7338       2  Secretarial and court                                                  reporting services.                       734  ...........       3  Services to dwellings                                                  and other buildings.               ...........         7342       3  Disinfecting and pest                                                  control services.               ...........         7349       3  Building cleaning and                                                  maintenance services,                                                  not elsewhere                                                  classified.                       735  ...........       1  Miscellaneous equipment                                                  rental and leasing.               ...........         7359       1  Equipment rental and                                                  leasing, not elsewhere                                                  classified.                       736  ...........       2  Personnel supply                                                  services.               ...........         7361       2  Employment agencies.               ...........         7363       2  Help supply services.                       737  ...........       1  Computer programming,                                                  data processing, and                                                  other computer related                                                  services.               ...........         7372       1  Prepackaged software.               ...........         7374       1  Computer processing and                                                  data preparation and                                                  processing services.               ...........         7379       1  Computer related                                                  services, not                                                  elsewhere classified.                       738  ...........       3  Miscellaneous business                                                  services.               ...........         7382       3  Security systems                                                  services.               ...........         7384       1  Photofinishing                                                  laboratories.               ...........         7389       1  Business services, not                                                  elsewhere classified.75...........  ...........  ...........       1  Automotive repair,                                                  services, and parking.                       751  ...........       1  Automotive rental and                                                  leasing, without                                                  drivers.               ...........         7513       3  Truck rental and                                                  leasing, without                                                  drivers.               ...........         7514       1  Passenger car rental.                       752  ...........       3  Automobile parking.               ...........         7521       3  Automobile parking.                       753  ...........       1  Automotive repair                                                  shops.               ...........         7532       2  Top, body, and                                                  upholstery repair                                                  shops and paint shops.               ...........         7534       1  Tire retreading and                                                  repair shops.               ...........         7538       3  General automotive                                                  repair shops.               ...........         7539       2  Automotive repair                                                  shops, not elsewhere                                                  classified.                       754  ...........       3  Automotive services,                                                  except repair.               ...........         7542       3  Carwashes.               ...........         7549       3  Automotive services,                                                  except repair and                                                  carwashes.76...........  ...........  ...........       1  Miscellaneous repair                                                  services.                       762  ...........       1  Electrical repair                                                  shops.               ...........         7622       3  Radio and television                                                  repair shops.               ...........         7623       1  Refrigeration and air-                                                  conditioning service                                                  and repair shops.               ...........         7629       1  Electrical and                                                  electronic repair                                                  shops, not elsewhere                                                  classified.                       763  ...........       2  Watch, clock, and                                                  jewelry repair.               ...........         7631       2  Watch, clock, and                                                  jewelry repair.                       764  ...........       3  Reupholstery and                                                  furniture repair.               ...........         7641       3  Reupholstery and                                                  furniture repair.                       769  ...........       1  Miscellaneous repair                                                  shops and related                                                  services.               ...........         7692       2  Welding repair.               ...........         7694       1  Armature rewinding                                                  shops.               ...........         7699       1  Repair shops and                                                  related services, not                                                  elsewhere classified.78...........  ...........  ...........       1  Motion pictures.                       781  ...........       1  Motion picture                                                  production and allied                                                  services.               ...........         7812       1  Motion picture and                                                  video tape production.                       782  ...........       2  Motion picture                                                  distribution and                                                  allied services.               ...........         7822       2  Motion picture and                                                  video tape                                                  distribution.                       783  ...........       3  Motion picture                                                  theaters.               ...........         7832       3  Motion picture                                                  theaters, except drive-                                                  in.               ...........         7833       a  Drive-in motion picture                                                  theaters.79...........  ...........  ...........       1  Amusement and                                                  recreation services.                       791  ...........       2  Dance studios, schools,                                                  and halls.               ...........         7911       2  Dance studios, schools,                                                  and halls.                       792  ...........       a  Theatrical producers                                                  (except motion                                                  picture), bands,                                                  orchestras, and                                                  entertainers.               ...........         7929       a  Bands, orchestras,                                                  actors, and other                                                  entertainers and                                                  entertainment groups.                       793  ...........       3  Bowling centers.               ...........         7933       3  Bowling centers.                       794  ...........       a  Commercial sports.               ...........         7941       a  Professional sports                                                  clubs and promoters.               ...........         7948       a  Racing, including track                                                  operation.                       799  ...........       2  Miscellaneous amusement                                                  and recreation                                                  services.               ...........         7993       2  Coin-operated amusement                                                  devices.               ...........         7997       1  Membership sports and                                                  recreation clubs.               ...........         7999       2  Amusement and                                                  recreation services                                                  not elsewhere                                                  classified.80...........  ...........  ...........       1  Health services.                       801  ...........       1  Offices and clinics of                                                  doctors of medicine.               ...........         8011       1  Offices and clinics of                                                  doctors of medicine.                       802  ...........       1  Offices and clinics of                                                  dentists.               ...........         8021       1  Offices and clinics of                                                  dentists.                       803  ...........       a  Offices and clinics of                                                  doctors of osteopathy.               ...........         8031       a  Offices and clinics of                                                  doctors of osteopathy.                       804  ...........       1  Offices and clinics of                                                  other health                                                  practitioners.               ...........         8049       1  Offices and clinics of                                                  health practitioners,                                                  not elsewhere                                                  classified.                       805  ...........       b  Nursing and personal                                                  care facilities.               ...........         8059       b  Nursing and personal                                                  care facilities, not                                                  elsewhere classified.                       806  ...........       1  Hospitals.               ...........         8062       1  General medical and                                                  surgical hospitals.               ...........         8063       1  Psychiatric hospitals.               ...........         8069       1  Specialty hospitals,                                                  except psychiatric.                       807  ...........       1  Medical and dental                                                  laboratories.               ...........         8071       1  Medical laboratories.               ...........         8072       a  Dental laboratories.                       809  ...........       1  Miscellaneous health                                                  and allied services,                                                  not elsewhere                                                  classified.               ...........         8099       1  Health and allied                                                  services, not                                                  elsewhere classified.81...........  ...........  ...........       1  Legal services.                       811  ...........       1  Legal services.               ...........         8111       1  Legal services.82...........  ...........  ...........       1  Educational services.                       821  ...........       2  Elementary and                                                  secondary schools.               ...........         8211       2  Elementary and                                                  secondary schools.                       822  ...........       1  Colleges, universities,                                                  professional schools,                                                  and junior colleges.               ...........         8221       1  Colleges, universities,                                                  and professional                                                  schools.               ...........         8222       1  Junior colleges and                                                  technical institutes.                       824  ...........       2  Vocational schools.               ...........         8243       a  Data processing                                                  schools.               ...........         8244       2  Business and                                                  secretarial schools.               ...........         8249       2  Vocational schools, not                                                  elsewhere classified.                       829  ...........       1  Schools and educational                                                  services, not                                                  elsewhere classified.               ...........         8299       1  Schools and educational                                                  services, not                                                  elsewhere classified.83...........  ...........  ...........       1  Social services.                       832  ...........       1  Individual and family                                                  social services.               ...........         8322       1  Individual and family                                                  social services.                       833  ...........       3  Job training and                                                  vocational                                                  rehabilitation                                                  services.               ...........         8331       3  Job training and                                                  vocational                                                  rehabilitation                                                  services.                       835  ...........       1  Child day care                                                  services.               ...........         8351       1  Child day care                                                  services.                       836  ...........       2  Residential care.               ...........         8361       2  Residential care.                       839  ...........       a  Social services, not                                                  elsewhere classified.               ...........         8399       a  Social services, not                                                  elsewhere classified.84...........  ...........  ...........       3  Museums, art galleries,                                                  and botanical and                                                  zoological gardens.                       841  ...........       3  Museums and art                                                  galleries.               ...........         8412       3  Museums and art                                                  galleries.86...........  ...........  ...........       1  Membership                                                  organizations.                       861  ...........       1  Business associations.               ...........         8611       1  Business associations.                       862  ...........       1  Professional membership                                                  organizations.               ...........         8621       1  Professional membership                                                  organizations.                       863  ...........       1  Labor unions and                                                  similar labor                                                  organizations.               ...........         8631       1  Labor unions and                                                  similar labor                                                  organizations.                       864  ...........       2  Civic, social, and                                                  fraternal                                                  associations.               ...........         8641       2  Civic, social, and                                                  fraternal                                                  associations.                       866  ...........       2  Religious                                                  organizations.               ...........         8661       2  Religious                                                  organizations.                       869  ...........       2  Membership                                                  organizations, not                                                  elsewhere classified.               ...........         8699       2  Membership                                                  organizations, not                                                  elsewhere classified.87...........  ...........  ...........       1  Engineering,                                                  accounting, research,                                                  management, and                                                  related services.                       871  ...........       1  Engineering,                                                  architectural, and                                                  surveying services.               ...........         8711       1  Engineering services.                       872  ...........       1  Accounting, auditing,                                                  and bookkeeping                                                  services.               ...........         8721       1  Accounting, auditing,                                                  and bookkeeping                                                  services.                       873  ...........       1  Research, development,                                                  and testing services.               ...........         8733       1  Noncommercial research                                                  organizations.88...........  ...........  ...........       3  Private households.                       881  ...........       3  Private households.               ...........         8811       3  Private households.------------------------------------------------------------------------``a''=Category contained less than three responding employers or one  responding employer had more than 80 percent of the employment in the  category.``b''=Firm(s) declined to furnish waivers in these categories.\1\ Survey data reported on the basis of SIC code 5810. Data were not  broken down by SIC 5812, Eating places, and 5813 Drinking places  (Alcoholic beverages).

[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990, as amended at 55 FR 39577, Sept. 27, 1990; 55 FR 53248, Dec. 27, 1990; 57 FR 1104, Jan. 10, 1992]

Appendix C to Part 510—Government Corporations Eligible for Minimum Wage Phase-In
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This appendix contains a listing of the public organizations (corporations) in Puerto Rico for which data have been provided by the Commonwealth for purposes of implementing the 1989 Amendments to FLSA. Such Corporations are subject to Tiers 1, 2, or 3, as set forth below. Corporations which are listed under Tier 3 may pay rates specified under Tier 4 to employees engaged in traditional activities, as defined in §510.25 of the regulations. All other employees are subject to Tier 3. Organizations for which no data were provided are subject to Tier 1 treatment.

 ------------------------------------------------------------------------              Tier                             Organization------------------------------------------------------------------------1                                 Automobile Accidents Compensation                                   Administration.1                                 Cardiovascular Center Corporation of                                   Puerto Rico and the Caribbean.2                                 Culebra Conservation and Development                                   Authority.3                                 Government Development Bank of Puerto                                   Rico.1                                 Highway Authority.2                                 Industries for the Blind, Mentally                                   Retarded, and other Disabled Persons                                   of Puerto Rico.1                                 Institute of Puerto Rican Culture.2                                 Corporation for the Development and                                   Administration of Marine, Lacustrine,                                   and Fluvial Resources of Puerto Rico.1                                 Metropolitan Bus Authority.2                                 Puerto Rico Mineral Resource                                   Development Corporation.1                                 Musical Arts Corporation.1                                 Public Building Authority.1                                 Puerto Rico Institute of                                   Cinematographic and Television Arts                                   and Industries.1                                 Puerto Rico Aqueducts and Sewer                                   Authority.1                                 Puerto Rico Communications Authority.1                                 Puerto Rico Land Administration.1                                 Puerto Rico Marine Shipping Authority.1                                 Puerto Rico Medical Service                                   Administration.1                                 Puerto Rico Ports Authority.1                                 Puerto Rico Musical Performing Arts                                   Corporation.2                                 Puerto Rico Rural Development                                   Corporation.3                                 Puerto Rico Sugar Board.1                                 Puerto Rico Telephone Company.2                                 Puerto Rico Solid Waste Management                                   Authority.1                                 Puerto Rico Housing Bank.1                                 Puerto Rico Tourism Company.3                                 Puerto Rico Renewal and Housing                                   Corporation.3                                 Puerto Rico Industrial Development                                   Bank.3                                 Recreational Development Company.2                                 Right to Work Administration.------------------------------------------------------------------------
Appendix D to Part 510—Municipalities Eligible for Minimum Wage Phase-In
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This appendix contains a listing of the municipalities in Puerto Rico and the tier applicable to each. Municipalities with average hourly earnings below $4.65 but equal to or greater than $4.00 are subject to Tier 2, as set forth below. Municipalities with average hourly earnings under $4.00 are subject to Tier 3. Municipalities which are listed under Tier 3 may pay the rates specified under Tier 4 to employees engaged in traditional activities, as defined in §510.25 of the regulations. All other employees are subject to Tier 3. Municipalities which did not submit data are subject to Tier 1. The tiers set forth below are subject to petitions for review by affected employees, if filed prior to June 1, 1990. If upon review it is determined that the municipality should have been subject to Tier 1 or 2, back wages will have to be paid to April 1, 1990, to make up the difference between what municipal employees were paid and what they should have been paid.

 ------------------------------------------------------------------------              Tier                             Municipality------------------------------------------------------------------------3                                 Adjuntas.3                                 Aguada.3                                 Aguadilla.3                                 Aguas Buenas.3                                 Aibonito.3                                 Añasco.3                                 Arecibo.3                                 Arroyo.3                                 Barceloneta.3                                 Barranquitas.3                                 Bayamon.3                                 Cabo Rojo.3                                 Caguas.3                                 Camuy.2                                 Canovanas.3                                 Carolina.3                                 Cataño.3                                 Cayey.2                                 Ceiba.3                                 Ciales.3                                 Cidra.3                                 Coamo.2                                 Comerio.3                                 Corozal.3                                 Culebra.2                                 Dorado.3                                 Fajardo.3                                 Florida.3                                 Guanica.3                                 Guyama.2                                 Guayanilla.3                                 Guaynabo.3                                 Guarbo.3                                 Hatillo.3                                 Hormigueros.3                                 Humacao.3                                 Isabela.3                                 Jayuya.3                                 Juana Diaz.3                                 Juncos.2                                 Lajas.3                                 Lares.3                                 Las Marias.3                                 Las Piedras.3                                 Loiza.3                                 Luquillo.1                                 Manati.3                                 Maricao.3                                 Maunabo.3                                 Mayaguez.2                                 Moca.3                                 Morovis.3                                 Naguabo.2                                 Naranjito.3                                 Orocovis.3                                 Patillas.3                                 Peñuelas.3                                 Ponce.3                                 Quebradillas.3                                 Rincon.3                                 Rio Grande.3                                 Sabana Grande.3                                 Salinas.3                                 San German.2                                 San Juan.3                                 San Lorenzo.3                                 San Sebastian.3                                 Santa Isabel.3                                 Toa Alta.3                                 Toa Baja.2                                 Trujillo Alto.3                                 Utuado.3                                 Vega Alta.3                                 Vega Baja.3                                 Vieques.3                                 Villalba.3                                 Yabucoa.3                                 Yauco.------------------------------------------------------------------------

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