[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9284-S9286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-9219. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; Virginia; 
     Revision of Flow Control Data in Nitrogen Oxides Budget 
     Trading Program'' (FRL#7805-7) received on September 13, 
     2004; to the Committee on Environment and Public Works.
       EC-9220. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; Indiana; Revised Mobile 
     Source Inventories and Motor Vehicle Emissions Budgets for 
     2005 and 2007 Using MOBILE6'' (FRL#7806-5) received on 
     September 13, 2004; to the Committee on Environment and 
     Public Works.
       EC-9221. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; State of Missouri'' 
     (FRL#7805-1) received on September 13, 2004; to the Committee 
     on Environment and Public Works.
       EC-9222. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of State Plans for Designated Facilities and 
     Pollutants; State of Iowa'' (FRL#7805-4) received on 
     September 13, 2004; to the Committee on Environment and 
     Public Works.
       EC-9223. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Primary Drinking Water Regulations: Analytical Method for 
     Uranium'' (FRL#7805-5) received on September 13, 2004; to the 
     Committee on Environment and Public Works.
       EC-9224. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``OMB 
     Approvals Under the Paperwork Reduction Act; Final Rule'' 
     (FRL#7803-6) received on September 13, 2004; to the Committee 
     on Environment and Public Works.
       EC-9225. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revisions to 
     the Arizona State Implementation Plan, Arizona Department of 
     Environmental Quality'' (FRL#7789-9) received on September 
     13, 2004; to the Committee on Environment and Public Works.
       EC-9226. A communication from the Assistant Secretary of 
     the Army for Civil Works, Department of Defense, a report 
     relative to construction of a hurricane and storm damage 
     reduction project for the area from Barnegat Inlet to Little 
     Egg Inlet, on Long Beach Island, New Jersey; to the Committee 
     on Environment and Public Works.
       EC-9227. A communication from the Administrator, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, a report relative to the impacts and control of combined 
     sewer overflows (CSOs) and sanitary sewer overflows (SSOs); 
     to the Committee on Environment and Public Works.
       EC-9228. A communication from the Deputy Assistant 
     Secretary for Policy, Employee Benefits Security 
     Administration, Department of Labor, transmitting, pursuant 
     to law, the report of a rule entitled ``Electronic 
     Requirements for Investment Advisers to be Investment 
     Managers Under Title I of ERISA'' (RIN1210-AA94) received on 
     August 26, 2004; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-9229. A communication from the Chairman, Railroad 
     Retirement Board, transmitting, pursuant to law, the Board's 
     fiscal year 2006 budget request; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-9230. A communication from the Regulations Coordinator, 
     Centers for Medicaid

[[Page S9285]]

     and Medicare Services, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Medicare Program, Hospice Wage Index for Fiscal 
     Year 2005'' (RIN0938-AM78) received on September 6, 2004; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-9231. A communication from the Regulations Coordinator, 
     Centers for Medicaid and Medicare Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Prospective 
     Payment System and Consolidated Billing for Skilled Nursing 
     Facilities--Update Notice'' (RIN0938-AM46) received on 
     September 6, 2004; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-9232. A communication from the Regulations Coordinator, 
     Centers for Medicaid and Medicare Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Inpatient 
     Rehabilitation Facility Prospective Payment System (CMS-1360-
     N)'' (RIN0938-AM82) received on September 6, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-9233. A communication from the Director, Regulations and 
     Policy Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Civil Money Penalties Hearings; Maximum Penalty Amounts and 
     Compliance With the Federal Civil Penalties Inflation 
     Adjustment Act'' (Doc. No. 2003N-0308) received on September 
     6, 2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-9234. A communication from the Director, Regulations and 
     Policy Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``General and Plastic Surgery Devices; Classification of 
     Silicone Sheeting'' (Doc. No. 2002N-0500) received on 
     September 6, 2004; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-9235. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Comprehensive Community Mental Health Services for 
     Children and Their Families Program''; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-9236. A communication from the Regulations Coordinator, 
     Centers for Medicaid and Medicare Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Inpatient Hospital Deductible and 
     Hospital and Extended Care Services Coinsurance Amounts for 
     2005'' (RIN0938-AN16) received on September 9, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-9237. A communication from the Regulations Coordinator, 
     Centers for Medicaid and Medicare Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Part A Premium for 2005 for the 
     Uninsured, Aged, and for Certain Disabled Individuals Who 
     Have Exhausted Other Entitlement'' (RIN0938-AN15) received on 
     September 9, 2004; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-9238. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Civil Money Penalties Hearings; Maximum Penalty Amounts and 
     Compliance With the Federal Civil Penalties Inflation 
     Adjustment Act Correction'' (Doc. No. 2003N-0308) received on 
     September 9, 2004; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-9239. A communication from the Assistant Secretary, 
     Bureau of Indian Affairs, Department of the Interior, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Indian Reservation Roads Program'' (RIN1076-AE17) received 
     on September 14, 2004; to the Committee on Indian Affairs.
       EC-9240. A communication from the Deputy Chief, 
     Administrative Law Division, Central Intelligence Agency, 
     transmitting, pursuant to law, the report of a vacancy and 
     designation of acting officer for the position of General 
     Counsel, Central Intelligence Agency, received on August 26, 
     2004; to the Select Committee on Intelligence.
       EC-9241. A communication from the Deputy Chief, 
     Administrative Law Division, Central Intelligence Agency, 
     transmitting, pursuant to law, the report of a nomination 
     confirmed for the position of Deputy Director of Central 
     Intelligence for Community Management, Central Intelligence 
     Agency, received on August 26, 2004; to the Select Committee 
     on Intelligence.
       EC-9242. A communication from the Deputy Chief, 
     Administrative Law Division, Central Intelligence Agency, 
     transmitting, pursuant to law, the report of a vacancy, 
     designation of acting officer, and nomination for the 
     position of Director of Central Intelligence, Central 
     Intelligence Agency, received on August 26, 2004; to the 
     Select Committee on Intelligence.
       EC-9243. A communication from the Secretary, Judicial 
     Conference of the United States, transmitting, pursuant to 
     law, a legislative proposal to include a federal public 
     defender designated by the Judicial Conference as an ex 
     officio, nonvoting member of the United States Sentencing 
     Commission; to the Committee on the Judiciary.
       EC-9244. A communication from the Assistant Chief, Alcohol 
     and Tobacco Tax and Trade Bureau, Treasury Department, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Importation of Tobacco Products and Cigarette Papers and 
     Tubes; Recodification of Regulations: Administrative Changes 
     Due to the Homeland Security Act of 2002'' (RIN1513-AA20) 
     received on September 6, 2004; to the Committee on the 
     Judiciary.
       EC-9245. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to the October 15, 2003 
     attack on an official American Embassy Tel Aviv motorcade; to 
     the Committee on Foreign Relations.
       EC-9246. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to Russian proliferation 
     to countries of proliferation concern for calendar 2002; to 
     the Committee on Foreign Relations.
       EC-9247. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to U.S. military personnel 
     and U.S. individual civilians retained as contractors 
     involved in the anti-narcotics campaign in Colombia; to the 
     Committee on Foreign Relations.
       EC-9248. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to defense articles and 
     services that were licensed for export during Fiscal Year 
     2002; to the Committee on Foreign Relations.
       EC-9249. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report entitled ``Report to Congress on 
     Arms Control, Nonproliferation, and Disarmament Studies 
     Completed in 2003''; to the Committee on Foreign Relations.
       EC-9250. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Modification of Class E Airspace; McCook, 
     NE Doc. No. 04-ACE-34'' (RIN2120-AA66) received on September 
     13, 2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9251. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Modification of Class E Airspace; Mosby, MO 
     Doc. No 04-ACE-33'' (RIN2120-AA66) received on September 13, 
     2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9252. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Modification of Class E Airspace; 
     Lexington, NE Doc. No. 04-ACE-40'' (RIN2120-AA66) received on 
     September 13, 2004; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9253. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Modification of Class E Airspace; Wahoo, NE 
     Doc. No. 04-ACE-37'' (RIN2120-AA66) received on September 13, 
     2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9254. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Modification of Class E Airspace; 
     Scottsbluff, NE Doc. No. 04-ACE-28'' (RIN2120-AA66) received 
     on September 13, 2004; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9255. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Modification of Class E Airspace; Chardon, 
     NE Doc. No. 04-ACE-41'' (RIN2120-AA66) received on September 
     13, 2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9256. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Modification of Class E Airspace; Broken 
     Bow, NE Doc. No. 04-ACE-39'' (RIN2120-AA66) received on 
     September 13, 2004; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9257. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Modification of Class E Airspace; North 
     Platte, NE Doc. No. 04-ACE-35'' (RIN2120-AA66) received on 
     September 13, 2004; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9258. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Modification of Class E Airspace; Ogallala, 
     NE Doc. No. 04-ACE-36'' (RIN2120-AA66) received on September 
     13, 2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9259. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: General Electric Company (GE); CT72D1 Turboshaft 
     Engines Doc. No. 2004-NE-24'' (RIN2120-AA64) received on 
     September 13, 2004; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9260. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the

[[Page S9286]]

     report of a rule entitled ``Airworthiness Directives: Boeing 
     Model 747 Airplanes Doc. No. 2003-NM-107'' (RIN2120-AA64) 
     received on September 13, 2004; to the Committee on Commerce, 
     Science, and Transportation.
       EC-9261. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Boeing Model 757 and 767 Airplanes Doc. No. 2003-
     NM-83'' (RIN2120-AA64) received on September 13, 2004; to the 
     Committee on Commerce, Science, and Transportation.
       EC-9262. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Boeing Model 767-200 and 300 Airplanes Equipped 
     with Off-wing Escape Slides; Doc. No. 2002-NM-151'' (RIN2120-
     AA64) received on September 13, 2004; to the Committee on 
     Commerce, Science, and Transportation.
       EC-9263. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Bombardier Model DHC-8-400, 401, and 402 
     Airplanes Doc. No. 2002-NM-132'' (RIN2120-AA64) received on 
     September 13, 2004; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9264. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Augusta SpA Model A109K2 Helicopters; Doc. No. 
     2004-SW-14'' (RIN2120-AA64) received on September 13, 2004; 
     to the Committee on Commerce, Science, and Transportation.
       EC-9265. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: BAE Systems Operations Limited Avro 146-RJ 
     Airplanes Doc. No. 2003-NM-92'' (RIN2120-AA64) received on 
     September 13, 2004; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9266. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Boeing Model 747 Series Airplanes Doc. No. 2000-
     NM-419'' (RIN2120-AA64) received on September 13, 2004; to 
     the Committee on Commerce, Science, and Transportation.
       EC-9267. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Gulfstream Aerospace LP Model Galaxy and Model 
     Gulfstream 200 Airplanes Doc. No. 2002-NM-325'' (RIN2120-
     AA64) received on September 13, 2004; to the Committee on 
     Commerce, Science, and Transportation.
       EC-9268. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: MD Helicopters Inc. Model MD900 Helicopters Doc. 
     No. 2004-SW-10'' (RIN2120-AA64) received on September 13, 
     2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9269. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Thales Avionics Traffic Advisory/Resolution 
     Advisory (TA/RA) Vertical Speed Indicator-Traffic Alert and 
     Collision Avoidance System (VSI-TCAS) Indicators Installed on 
     but not Limited to Certain Transport Category Airplanes 
     Equipped with TCAS II Changes 7 Computers (ACAS II)'' 
     (RIN2120-AA64) received on September 13, 2004; to the 
     Committee on Commerce, Science, and Transportation.
       EC-9270. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Short Brothers Model SD3 Series Airplanes Doc. 
     No. 2002-NM-209'' (RIN2120-AA64) received on September 13, 
     2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9271. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Short Brothers SD3 Airplanes Doc. No. 2003-NM-
     178'' (RIN2120-AA64) received on September 13, 2004; to the 
     Committee on Commerce, Science, and Transportation.
       EC-9272. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: General Electric Company CF34-34A1 and 3B1 Series 
     Turbofan Engines Doc. No. 2004-NE-26'' (RIN2120-AA64) 
     received on September 13, 2004; to the Committee on Commerce, 
     Science, and Transportation.
       EC-9273. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Eurocopter France Model EC155B and B1 
     Helicopters; Doc. No. 2003-SW-40'' (RIN2120-AA64) received on 
     September 13, 2004; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9274. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Airbus Model A319-131, 132, and 133; A320-231, 
     232, and 233 and A321-131 and 231 Airplanes Doc. No. 2004-NM-
     56'' (RIN2120-AA64) received on September 13, 2004; to the 
     Committee on Commerce, Science, and Transportation.
       EC-9275. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Sikorsky Aircraft Corporation Model S-61L, S-61N, 
     S-61NM, and S-61R Helicopters Doc. No. 2003-SW-35'' (RIN2120-
     AA64) received on September 13, 2004; to the Committee on 
     Commerce, Science, and Transportation.
       EC-9276. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: BAE Systems Limited Model BAE 146 and Avro 146-RJ 
     Series Airplanes Doc. No. 2003-NM-172'' (RIN2120-AA64) 
     received on September 13, 2004; to the Committee on Commerce, 
     Science, and Transportation.
       EC-9277. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Airbus Model A330, A340-200, and A340-300 Series 
     Airplanes Doc. No. 2004-NM-83'' (RIN2120-AA64) received on 
     September 13, 2004; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9278. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: Rolls-Royce plc RB211 Turbofan Engines Correction 
     Doc. No. 2003-NE-12'' (RIN2120-AA64) received on September 
     13, 2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9279. A communication from the Paralegal Specialist, 
     Federal Aviation Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Airworthiness 
     Directives: McDonnell Douglas Model DC-9-81 (MD-81), DC 9-82 
     (MD-82), DC-9-83 (MD-83) and DC-9-87 (MD-87) Airplanes Model 
     and MD-90-30 Airplanes Doc. No. 2003-NM-122'' (RIN2120-AA64) 
     received on September 13, 2004; to the Committee on Commerce, 
     Science, and Transportation.
       EC-9280. A communication from the Attorney, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Importation of Nonconforming Vehicles by 
     Registered Importers'' (RIN2127-AH67) received on September 
     13, 2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9281. A communication from the Attorney Advisor, 
     Wireless Telecommunications Bureau, Federal Communications 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Improving Public Safety Communications in the 
     800 MHz Band'' (FCC04-168) received on September 13, 2004; to 
     the Committee on Commerce, Science, and Transportation.

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