[Congressional Record Volume 151, Number 126 (Monday, October 3, 2005)]
[Senate]
[Pages S10821-S10823]
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-4056. A communication from the Acting Deputy Assistant 
     Administrator for Operations, National Marine Fisheries 
     Service, National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Caribbean, Gulf of Mexico, and South 
     Atlantic; Reef Fish Fishery of the Gulf of Mexico; Extension 
     of Commercial Trip Limits for Gulf of Mexico Grouper 
     Fishery'' ((RIN0648-AS97) (I. D. No. 020405D)) received on 
     September 18, 2005; to the Committee on Commerce, Science, 
     and Transportation.
       EC-4057. A communication from the Director, Office of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
     Fisheries; Temporary Rule; Inseason Retention Limit 
     Adjustment'' (I.D. No. 080405B) received on September 18, 
     2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4058. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries Off West Coast States and in the Western Pacific; 
     West Coast Salmon Fisheries; Inseason Action #5--Adjustments 
     of the Recreational Fishery from Cape Alava, Washington, to 
     Cape Falcon, Oregon'' (I.D No. 080805A) received on September 
     18, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4059. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries Off West Coast States and in the Western Pacific; 
     Pacific Coast Groundfish Fishery; End of the Pacific Whiting 
     Primary Season for the Shore-based Sector and the Resumption 
     of Trip Limits'' ((RIN0648-AS27) (I.D. No. 081605C)) received 
     on September 18, 2005 to the Committee on Commerce, Science, 
     and Transportation.
       EC-4060. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Northern Rockfish in the Central Regulatory Area of the Gulf 
     of Alaska'' (I.D. No. 082905B) received on September 21, 
     2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4061. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Economic Exclusive Zone Off Alaska; 
     Shallow-Water Species Fishery by Vessels Using Trawl Gear in 
     the Gulf of Alaska'' (I.D. No. 081805B) received on September 
     21, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4062. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Economic Exclusive Zone Off Alaska; 
     Shallow-Water Species Fishery by Vessels Using Trawl Gear in 
     the Gulf of Alaska'' (I.D. No. 082905D) received on September 
     21, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4063. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Economic Exclusive Zone Off Alaska; Deep-
     water Species Fishery by Vessels Using Trawl Gear in the Gulf 
     of Alaska'' (I.D. No. 082905) received on September 21, 2005; 
     to the Committee on Commerce, Science, and Transportation.
       EC-4064. A communication from the Deputy Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pacific Cod by Vessels Using Trawl Gear in the Bering Sea and 
     Aleutian Islands Management Area'' (I.D. No. 081705) received 
     on September 21, 2005; to the Committee on Commerce, Science, 
     and Transportation.
       EC-4065. A communication from the Deputy Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Yellowfin Sole by Vessels Using Trawl Gear in the Bering Sea 
     and Aleutian Islands Management Area'' (I.D. No. 081705G) 
     received on September 21, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4066. A communication from the Deputy Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Species in the Rock Sole/Flathead Sole/`Other Flatfish' 
     Fishery Category by Vessels Using Trawl Gear in the Bering 
     Sea and Aleutian Islands Management Area'' (I.D. No. 081705E) 
     received on September 21, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4067. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
     Mackerel Lottery in Areas 542 and 543'' (I.D. No. 081605D) 
     received on September 21, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4068. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pollock in Statistical Area 630 of the Gulf of Alaska'' (I.D. 
     No. 082405A) received on September 21, 2005; to the Committee 
     on Commerce, Science, and Transportation.
       EC-4069. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pollock in Statistical Area 620 of the Gulf of Alaska'' (I.D. 
     No. 082405B) received on September 21, 2005; to the Committee 
     on Commerce, Science, and Transportation.
       EC-4070. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Reallocation of Pollock in the Bering Sea Subarea'' (I.D. No. 
     082505A) received on September 21, 2005; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4071. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Yellowfin Sole in the Bering Sea and Aleutian Islands 
     Management Area'' (I.D. No. 082305B) received on September 
     21, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4072. A communication from the Acting Deputy Assistant 
     Administrator for Regulatory Programs, Office of Sustainable 
     Fisheries, National Marine Fisheries Service, National 
     Oceanic and Atmospheric Administration, transmitting, 
     pursuant to law, the report of a rule entitled ``Magnuson Act 
     Provisions; Fisheries off West Coast States and in

[[Page S10822]]

     the Western Pacific; Pacific Coast Groundfish Fishery; 
     Pacific Whiting; Fishery Closure'' ((RIN0648-AT69) (I.D. No. 
     081005A)) received on September 21, 2005 to the Committee on 
     Commerce, Science, and Transportation.
       EC-4073. A communication from the Director, Bureau of 
     Economic Analysis, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``International Services Surveys: Cancellation of Five Annual 
     Surveys'' (RIN0691-AA59) received on September 21, 2005; to 
     the Committee on Commerce, Science, and Transportation.
       EC-4074. A communication from the Deputy Assistant 
     Secretary for Export Administration, Bureau of Industry and 
     Security, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Removal of License 
     Requirements for Exports and Reexports to India of Items 
     Controlled Unilaterally for Nuclear Nonproliferation Reasons 
     and Removal of Certain Indian Entities from the Entity List'' 
     (RIN0694-AD44) received on September 18, 2005; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4075. A communication from the Deputy Assistant 
     Secretary for Export Administration, Bureau of Industry and 
     Security, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Revisions and 
     Clarifications to the Export Administration Regulations'' 
     (RIN0694-AD30) received on September 21, 2005; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4076. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to the Case-Zablocki Act, 1 U.S.C. 112b, as amended, 
     the report of the texts and background statements of 
     international agreements, other than treaties (List 05-225-
     05-235); to the Committee on Foreign Relations.
       EC-4077. A communication from the Regulations Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Inpatient 
     Hospital Deductible and Hospital and Extended Care Services 
     Coinsurance Amounts for Calendar Year 2006'' (RIN0938-AO00) 
     received on September 26, 2005; to the Committee on Finance.
       EC-4078. A communication from the Regulations Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Part A Premium 
     for Calendar Year 2006 for the Uninsured Aged and for Certain 
     Disabled Individuals Who Have Exhausted Other Entitlement'' 
     (RIN0938-AO01) received on September 26, 2005; to the 
     Committee on Finance.
       EC-4079. A communication from the Regulations Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Medicare Part B 
     Monthly Actuarial Rates, Premium Rate, and Annual Deductible 
     for Calendar Year 2006'' (RIN0938-AO02) received on September 
     26, 2005; to the Committee on Finance.
       EC-4080. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Weighted Average 
     Interest Rates Update Notice--Pension Funding Equity Act of 
     2004'' (Notice 2005-67) received on September 26, 2005; to 
     the Committee on Finance.
       EC-4081. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Hurricane Katrina 
     Relief--Section 401(k), etc., Hardship Distributions'' 
     (Announcement 2005-70) received on September 26, 2005; to the 
     Committee on Finance.
       EC-4082. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Disaster Relief--
     Minimum Funding'' (Notice 2005-60) received on September 26, 
     2005; to the Committee on Finance.
       EC-4083. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, the annual 
     report on the Refugee Resettlement Program; to the Committee 
     on the Judiciary.
       EC-4084. A communication from the Interim Staff Director, 
     United States Sentencing Commission, transmitting, pursuant 
     to law, the Commission's 2003 Annual Report and Sourcebook of 
     Federal Sentencing Statistics; to the Committee on the 
     Judiciary.
       EC-4085. A communication from the Regulations Coordinator, 
     Office of HIPAA Standards, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``HIPAA Administrative Simplification: Standards for 
     Electronic Health Care Claims Attachments'' (RIN0938-AK62) 
     received on September 26, 2005; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-4086. A communication from the Acting Chief Counsel, 
     Bureau of the Public Debt, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``31 CFR Parts 356, 357, and 363'' received on September 26, 
     2005; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-4087. A communication from the Acting Chief Counsel, 
     Bureau of the Public Debt, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``31 CFR Parts 306, 315, 353, 357, 360, and 363'' received on 
     September 26, 2005; to the Committee on Banking, Housing, and 
     Urban Affairs
       EC-4088. A communication from the Acting Administrator, 
     Science and Technology Programs, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Plant Variety Protection Office, Fee Increase'' (RIN0581-
     AC42) received on September 26, 2005; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-4089. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Nectarines and Peaches Grown in California; Increased 
     Assessment Rates'' (FV05-916-3 FR) received on September 26, 
     2005; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-4090. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Marketing Order Regulating the Handling of Spearmint Oil 
     Produced in the Far West; Revision of the Salable Quantity 
     and Allotment Percentage for Class 1 (Scotch) and Class 3 
     (Native) Spearmint Oil for the 2005-2006 Marketing Year'' 
     (FV05-985-2 IFR) received on September 26, 2005; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-4091. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment to the Peanut Promotion, Research, and 
     Information Order'' (FV05-701-IFR) received on September 26, 
     2005; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-4092. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Milk in the Mideast Marketing Area--Interim Order'' (Docket 
     No. AO-166-A39; DA-05-01-A) received on September 26, 2005; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-4093. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Noxious Weed Control and 
     Eradication Act; Delegation of Authority'' (APHIS Docket No. 
     05-012-1) received on September 26, 2005; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-4094. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Pesticides; 
     Removal of Expired Time-Limited Tolerance Exemptions'' (FRL 
     No. 7735-8) received on September 26, 2005; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-4095. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Pyridaben; 
     Pesticide Tolerance'' (FRL No. 7738-6) received on September 
     26, 2005; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-4096. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Pyriproxyfen; Pesticide Tolerance'' (FRL No. 7737-8) 
     received on September 26, 2005; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-4097. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Fenpropathrin; Pesticide Tolerance'' (FRL No. 7738-7) 
     received on September 26, 2005; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-4098. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Kasugamycin; 
     Pesticide Tolerance'' (FRL No. 7736-4) received on September 
     26, 2005; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-4099. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Muscodor 
     albus QST 20799 and the Volatiles Produced on Rehydration; 
     Exemption from the Requirement of a Tolerance'' (FRL No. 
     7739-5) received on September 26, 2005; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-4100. A communication from the Assistant Secretary of 
     the Army (Civil Works), Department of Defense, transmitting, 
     pursuant to law, a status report on the Great Lakes Tributary 
     Model; to the Committee on Environment and Public Works.
       EC-4101. A communication from the Acting Director, Office 
     of Congressional Affairs, Nuclear Regulatory Commission, 
     transmitting, pursuant to law, the report of a rule entitled

[[Page S10823]]

     ``List of Approved Spent Fuel Storage Casks: Standardized 
     NUHOMS-32PT, -24PHB, and -24PTH Revision 8'' (RIN3150-AH77) 
     received on September 26, 2005; to the Committee on 
     Environment and Public Works.
       EC-4102. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     the report of a rule entitled ``Endocrine Disrupter Screening 
     Program; Chemical Selection Approach for Initial Round of 
     Screening'' (FRL No. 7716-9) received on September 26, 2005; 
     to the Committee on Environment and Public Works.
       EC-4103. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; Texas; Transportation 
     Control Measures in the Dallas/Fort Worth Ozone Nonattainment 
     Area'' (FRL No. 7974-7) received on September 26, 2005; to 
     the Committee on Environment and Public Works.
       EC-4104. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans and Designation of Areas 
     for Air Quality Planning Purposes; Indiana; Lake County 
     Sulfur Dioxide Regulations, Redesignation and Maintenance 
     Plan'' (FRL No. 7972-6) received on September 26, 2005; to 
     the Committee on Environment and Public Works.
       EC-4105. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``North 
     Dakota: Final Authorization of State Hazardous Waste 
     Management Program Revision'' (FRL No. 7974-3) received on 
     September 26, 2005; to the Committee on Environment and 
     Public Works.
       EC-4106. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Ocean 
     Dumping; Site Designation'' (FRL No. 7973-8) received on 
     September 26, 2005; to the Committee on Environment and 
     Public Works.

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