Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations 14045 

The Regulatory Amendment 

■ For the reasons discussed in the 

preamble, we amend 27 CFR, chapter 1, 

part 9, as follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Amend subpart C by adding § 9.214 

to read as follows: 

§ 9.214 Haw River Valley. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Haw 

River Valley’’. For purposes of part 4 of 

this chapter, ‘‘Haw River Valley’’ and 

‘‘Haw River’’ are terms of viticultural 

significance. 

(b) Approved maps. The two United 

States Geological Survey 1:100,000-scale 

metric topographic maps used to 

determine the boundary of the Haw 

River Valley viticultural area are titled: 

(1) Greensboro, North Carolina, 1984; 

and 

(2) Chapel Hill, North Carolina, 1984. 

(c) Boundary. The Haw River Valley 

viticultural area is located in all of 

Alamance County and portions of 

Caswell, Chatham, Guilford, Orange, 

and Rockingham Counties. The 

boundary of the Haw River Valley 

viticultural area is as described below: 

(1) Begin at a point on the Greensboro 

map at the intersection of the Caswell 

and Orange Counties boundary line 

with Lynch Creek, southeast of Corbett 

and the Corbett Ridge, and then proceed 

in a straight line southeast 2 miles to the 

intersection of North Carolina State 

Highway 49 and an unnamed, light-duty 

road, known locally as McCulloch Road, 

located approximately 1 mile northeast 

of Carr, in west Orange County; then 

(2) Proceed in a straight line southsouthwest 11.9 miles, crossing over U.S. 

Interstate 85, to Buckhorn at Turkey Hill 

Creek in west Orange County; then 

(3) Proceed in a straight line southeast 

5.2 miles, crossing onto the Chapel Hill 

map, to its intersection with Dodsons 

Crossroad and an unnamed, light-duty 

road that runs generally north-northeastsouth-southwest in west Orange County; 

then 

(4) Proceed south-southwest on the 

unnamed, light-duty road 3.4 miles to 

its intersection with North Carolina 

State Highway 54, also known as Star 

Route 54, east of White Cross in west 

Orange County; then 

(5) Proceed southeast in a straight line 

14.1 miles, crossing over Terrells 

Mountain, Wilkinson Creek and several 

of its eastern tributaries, and U.S. Route 

15–501, until the line intersects with an 

unnamed road, known locally as Gilead 

Church Road, and U.S. Route 64 at 

Griffins Crossroads in Chatham County; 

then 

(6) Proceed generally west along U.S. 

Route 64 approximately 20.7 miles to its 

intersection with U.S. Route 421 in Siler 

City, Chatham County; then 

(7) Proceed generally northwest on 

U.S. Route 421 approximately 5.6 miles 

to its intersection with the Randolph 

County line, southeast of Staley; then 

(8) Proceed straight north along the 

Randolph County line 7.4 miles to its 

intersection with the Guilford County 

line; then 

(9) Proceed straight west along the 

Randolph County line 5.8 miles to its 

intersection with U.S. Route 421; then 

(10) Proceed in a straight line northnorthwest 20.5 miles, crossing onto the 

Greensboro map, to its intersection with 

U.S. Route 29 and North Carolina State 

Highway 150, between Browns Summit 

and Monticello in Guilford County; then 

(11) Proceed generally east and north 

on North Carolina State Highway 150 

approximately 4.3 miles to its 

intersection with North Carolina State 

Highway 87, east-northeast of 

Williamsburg in southeast Rockingham 

County; then 

(12) Proceed in a straight line eastnortheast 8.3 miles, crossing over the 

Caswell County line to a point at the 

intersection of the 236-meter elevation 

line, as marked on the map, and an 

unnamed road, known locally as Cherry 

Grove Road; then 

(13) Proceed east and southeast along 

the unnamed road, known locally as 

Cherry Grove Road, 5 miles to its 

intersection with North Carolina State 

Highway 62 at Jericho in Caswell 

County; then 

(14) Proceed generally southeast on 

North Carolina State Highway 62 

approximately 1.8 miles to its 

intersection with an unnamed road, 

known locally as Bayne’s Road at 

Anderson in Caswell County; then 

(15) Proceed generally east on the 

unnamed road known locally as Baynes 

Road 2 miles to its intersection with 

North Carolina State Highway 119 at 

Baynes in Caswell County; then 

(16) Proceed generally southsoutheast along North Carolina State 

Highway 119 approximately 1.7 miles to 

its intersection with the Caswell County 

line; then 

(17) Proceed straight east along the 

Caswell County line 4.3 miles to the 

beginning point. 

Signed: January 23, 2009. 

John J. Manfreda, 

Administrator. 

Approved: February 17, 2009. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade, and 

Tariff Policy). 

[FR Doc. E9–7035 Filed 3–27–09; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF LABOR 

Office of Labor-Management 

Standards 

29 CFR Part 470 

RIN 1215–AB71 

Obligation of Federal Contractors and 

Subcontractors; Notice of Employee 

Rights Concerning Payment of Union 

Dues or Fees 

AGENCY: Office of Labor-Management 

Standards, Employment Standards 

Administration, Labor. 

ACTION: Final rule; rescission of 

regulations. 

SUMMARY: This final rule rescinds the 

regulations found at 29 CFR part 470, 

which implemented Executive Order 

13201. Executive Order 13496, signed 

by President Obama on January 30, 2009 

and published in the Federal Register 

on February 4, 2009, revoked Executive 

Order 13201, thus removing the 

authority under which such regulations 

were promulgated. Accordingly, the 

Secretary of Labor (the ‘‘Secretary’’) is 

issuing this final rule to rescind the 

regulations that implement and enforce 

the now-revoked Executive Order 

13201. 

DATES: Effective Date: March 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Denise M. Boucher, Director, Office of 

Policy Reports and Disclosure, Office of 

Labor-Management Standards, 

Employment Standards Administration, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Suite N– 

5609, Washington, DC 20210, (202) 693– 

1185. This number is not toll-free. 

SUPPLEMENTARY INFORMATION: On 

January 30, 2009, President Obama 

signed Executive Order 13496, which 

revokes Executive Order 13201 and 

instructs executive departments and 

agencies to revoke any orders, rules, 

regulations, or policies implementing or 

enforcing Executive Order 13201. 

Executive Order 13496, Section 13, 74 

FR 6107 (February 4, 2009). Pursuant to 

the now-revoked Executive Order 

13201, the Secretary promulgated 


sroberts on PROD1PC70 with RULES
14046 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations 

regulations implementing and enforcing 

its terms, 29 CFR Part 470, which 

required government contractors and 

subcontractors to post notices informing 

their employees of certain rights under 

federal law. These regulations also 

required federal contracting agencies 

and covered government contractors 

and subcontractors to include certain 

provisions of the Order in their 

contracts, subcontracts, and purchase 

orders. 

Because Executive Order 13496 

expressly revokes Executive Order 

13201, the authority for the Secretary’s 

implementing regulations at 29 CFR Part 

470 no longer exists. As a result, the 

implementing regulations are now 

without force and effect, and the 

Secretary no longer enforces them. 

Consequently, this final rule rescinds 

these regulations. 

The Secretary has determined that it 

need not publish the rescission of these 

regulations as a proposed rule, as 

generally required by the 

Administrative Procedure Act (‘‘APA’’), 

5 U.S.C. 553(b). Notice to the public and 

provision of a public comment period 

for this rule are unnecessary because 

Executive Order 13201, which 

authorized 29 CFR Part 470, has been 

revoked, and, therefore, no legal basis 

exists for these regulations. 

Furthermore, Section 13 of Executive 

Order 13496 provides that regulations 

implementing Executive Order 13201 

shall be promptly revoked. Therefore, 

good cause exists for dispensing with 

the notice and comment requirements of 

the APA. 5 U.S.C. 553(b)(B). For the 

same reasons, good cause exists to make 

this rule effective immediately upon 

publication of this rule. 5 U.S.C. 

553(d)(3). 

Regulatory Procedures 

Executive Order 12866 

This final rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, section 1(b), Principles of 

Regulation. The Department has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review. The 

Department has also determined that 

this rule is not ‘‘economically 

significant’’ as defined in section 3(f)(1) 

of Executive Order 12866. Therefore, the 

information enumerated in section 

6(a)(3)(C) of the order is not required. 

Regulatory Flexibility Act 

This rescission is not a rule as defined 

in the Regulatory Flexibility Act (5 

U.S.C. 601(2) and 604(a)) because a 

general notice of proposed rulemaking 

was not published nor an opportunity 

for notice and public comment provided 

in connection therewith. Therefore, a 

regulatory flexibility analysis under the 

Regulatory Flexibility Act is not 

required. The Secretary has certified 

this conclusion to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

Unfunded Mandates Reform 

Unfunded Mandates Reform Act of 

1995—This rule will not include any 

Federal mandate that may result in 

increased expenditures by State, local, 

and tribal governments, in the aggregate, 

of $100 million or more, or in increased 

expenditures by the private sector of 

$100 million or more. 

Paperwork Reduction Act 

This rule contains no new 

information collection requirements for 

purposes of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of the United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 29 CFR Part 470 

Administrative practice and 

procedure, Government contracts, 

Union dues, Labor unions. 

■ Accordingly, pursuant to Executive 

Order 13496 and for the reasons stated 

herein, the Secretary hereby amends 

Title 29 of the Code of Federal 

Regulations, Subchapter C, by removing 

Part 470 and reserving it for future use. 

Authority: Executive Order 13496. 

Signed in Washington, DC, this 24th day of 

March, 2009. 

Shelby Hallmark, 

Acting Assistant Secretary for Employment 

Standards. 

Andrew D. Auerbach, 

Deputy Director, Office of Labor-Management 

Standards. 

[FR Doc. E9–6926 Filed 3–27–09; 8:45 am] 

BILLING CODE 4510–CP–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0070] 

RIN 1625–AA87 

Security Zone; Port of Mayaguez, 

Puerto Rico 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request 

comments. 

SUMMARY: The Coast Guard is 

establishing 50 yard moving and fixed 

security zones around cruise ships 

entering, departing, mooring or 

anchoring at the Port of Mayaguez, 

Puerto Rico. This proposed regulation is 

necessary to protect cruise ships 

operating in this port. This interim rule 

excludes entry into the security zones 

by all vessels, with the exception of 

servicing pilot boats and assisting tug 

boats, without the express permission of 

the Captain of the Port San Juan or a 

designated representative. 

DATES: This interim rule is effective 

April 29, 2009. Comments and related 

material must reach the Docket 

Management Facility on or before April 

29, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–0070 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call Lieutenant Junior Grade Rachael 

Love of Sector San Juan, Prevention 

Operations Department at (787)–289– 

2071. If you have questions on viewing 

or submitting material to the docket, call 


sroberts on PROD1PC70 with RULES