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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules
the Department assumes all are affected to ensure impacts are not
underestimated see section IV.B.3. for a discussion on this assumption.
BILLING CODE 451027P

. th e AffectdR
Ta bl e 5.. Emplovees w1 thH our1v l W a2es m e an2e, by Industry Total Affected Share Below NAICS
Employees Employees $15
1,000s 1,000s 0

21
22
23
31-33
42
44-45
48-49
51
52
53
54
55
56
61
62
71
72
81
Sum across NAICS
Territories Total
lotter on DSK11XQN23PROD with PROPOSALS2

BILLING CODE 451027C

Executive Order 13838 presently exempts contracts entered into with the Federal Government in connection with seasonal recreational services and also seasonal recreational equipment rental for the general public on Federal lands from coverage of Executive Order 13658.56 Executive Order 14026 will revoke Executive Order 13838 as of January 30, 2022. The Department believes these currently exempt workers are already captured in the number of potentially affected workers. However, the methodology to estimate affected workers may not adequately capture these workers because their wages may 56 Establishing a Minimum Wage for Contractors, Notice of Rate Change in Effect as of January 1, 2019. 83 FR 44906.

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48%
9%
7%
15%
17%
17%
39%
23%
13%
10%
18%
7%
19%
31%
16%
21%
33%
55%
29%
NIA
61%
NIA

not be between $10.60 and $15 per hour i.e., they may earn as low as $7.25 per hour. The Department believes that the number of workers potentially missing is very small. In the final rule implementing Executive Order 13838, the Department estimated there were 1,191 affected employees i.e., exempt workers earning between $7.25 and $10.30 per hour.57 A similar number is likely missing from the current analysis because they earn less than $10.60 per hour.
57 Executive Order 13838 generally exempted from the requirements of Executive Order 13658
contracts with the Federal Government in connection with seasonal recreational services or seasonal recreational equipment rental on Federal lands.

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0.5
0.0
0.4
30.0
10.3
0.1
15.2
42.3
4.9
2.4
0.1
48.1
0.0
104.5
6.1
18.8
5.6
25.1
5.5
320.1
7.2
327.3
b. Affected Workers in U.S. Territories Because the CPS MORG does not include the U.S. territories, the Department used the May 2019 OEWS
data to estimate the percentage of workers in Puerto Rico, Guam, and the U.S. Virgin Islands who earn less than $15 per hour.
The OEWS reports wage percentiles for Puerto Rico, Guam, and the U.S.
Virgin Islands. The Department used these percentiles and a uniform distribution to infer the percentile associated with $15 per hour. The Department then applied this percentile to the population of potentially affected workers. For example, in Puerto Rico, the Department estimated that 71
percent of the 4,500 potentially affected employees 3,200 workers earn less
E:FRFM22JYP2.SGM

22JYP2

EP22JY21.008

1.10
0.18
6.67
197.94
59.29
0.46
39.38
187.20
38.18
24.41
0.61
650.64
0.00
337.31
37.18
87.52
17.38
45.57
18.91
1,749.91
11.80
1,761.7

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