[Congressional Record Volume 155, Number 8 (Wednesday, January 14, 2009)]
[Senate]
[Pages S386-S388]
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-448. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Emamectin; Pesticide Tolerances'' (FRL-8397-9) received in 
     the Office of the President of the Senate on January 13, 
     2009; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-449. A communication from the Deputy Under Secretary of 
     Defense (Acquisition and Technology), transmitting, pursuant 
     to law, a report entitled ``Annual Report on Extensions of a 
     Contract Period to a Total of More than Ten Years''; to the 
     Committee on Armed Services.
       EC-450. A communication from the Secretary of the Treasury, 
     transmitting, pursuant to law, a six-month periodic report on 
     the national emergency that was declared in Executive Order 
     13348 relative to the former Liberian regime of Charles 
     Taylor; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-451. A communication from the Secretary of the Treasury, 
     transmitting, pursuant to law, a six-month periodic report on 
     the national emergency declared in Executive Order 13396 with 
     respect to Cote d'Ivoire; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-452. A communication from the Assistant Secretary for 
     Export Administration, Bureau of Industry and Security, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``License Requirements Policy for 
     Iran and for Certain Weapons of Mass Destruction 
     Proliferators'' (RIN0694-AE50) received in the Office of the 
     President of the Senate on January 13, 2009; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-453. A communication from the Secretary, Division of 
     Investment Management, Securities and Exchange Commission, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Indexed Annuities and Certain Other Insurance Contracts'' 
     (RIN3235-AK16) received in the Office of the President of the 
     Senate on January 13, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-454. A communication from the Director of the Office of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Magnuson-Stevens Fishery 
     Conservation and Management Act Provisions; Fisheries of the 
     Northeastern United States; Atlantic Sea Scallop Fishery; 
     Closure of the Limited Access General Category Scallop 
     Fishery to Individual Fishing Quota Scallop Vessels'' 
     (RIN0648-XM40) received in the Office of the President of the 
     Senate on January 13, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-455. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Magnuson-
     Stevens Fishery Conservation and Management Act Provisions; 
     Fisheries of the Northeastern United States; Extension of 
     Emergency Fishery Closure Due to the Presence of the Toxin 
     that Causes Paralytic Shellfish Poisoning'' (RIN0648-AT48) 
     received in the Office of the President of the Senate on 
     January 13, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-456. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Fisheries of 
     the Exclusive Economic Zone Off Alaska; Revised Management 
     Authority for Dark Rockfish in the Bering Sea and Aleutian 
     Islands Management Area and the Gulf of Alaska'' (RIN0648-
     AU20) received in the Office of the President of the Senate 
     on January 13, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-457. A communication from the Chief of the Border 
     Security Regulations Branch, Customs and Border Protection, 
     Department of Homeland Security, transmitting, pursuant to 
     law, the report of a rule entitled ``Establishing U.S. Ports 
     of Entry in the Commonwealth of the Northern Mariana Islands 
     (CNMI) and Implementing the Guam-CNMI Visa Waiver Program'' 
     (RIN1651-AA77) received in the Office of the President of the 
     Senate on January 13, 2009; to the Committee on Energy and 
     Natural Resources.
       EC-458. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Air Quality Implementation 
     Plans; Texas; Approval of the Section 110(a)(1) Maintenance 
     Plan for the 1997 8-Hour Ozone Standard for El Paso County'' 
     (FRL-8761-4) received in the Office of the President of the 
     Senate on January 13, 2009; to the Committee on Environment 
     and Public Works.
       EC-459. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Air Quality Implementation 
     Plans; Arkansas; Emissions Inventory for the Crittenden 
     County Ozone Non-attainment Area; Emissions Statements'' 
     (FRL-8762-4) received in the Office of the President of the 
     Senate on January 13, 2009; to the Committee on Environment 
     and Public Works.
       EC-460. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Air Quality Implementation 
     Plans; Utah's Emission Inventory Reporting Requirements'' 
     (FRL-8754-7) received in the Office of the President of the 
     Senate on January 13, 2009; to the Committee on Environment 
     and Public Works.
       EC-461. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Finding of Failure to Submit State Implementation Plans 
     Required by the 1999 Regional Haze Rule'' (FRL-8762-7) 
     received in the Office of the President of the Senate on 
     January 13, 2009; to the Committee on Environment and Public 
     Works.
       EC-462. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Prevention of Significant Deterioration (PSD) and 
     Nonattainment New Source Review (NSR): Aggregation and 
     Project Netting'' (FRL-8762-8) received in the Office of the 
     President of the Senate on January 13, 2009; to the Committee 
     on Environment and Public Works.
       EC-463. A communication from the Assistant Secretary for 
     Import Administration, Foreign-Trade Zones Board, Department 
     of Commerce, transmitting, pursuant to law, an annual report 
     relative to the Board's activities for fiscal year 2007; to 
     the Committee on Finance.
       EC-464. A communication from the Director, Legislative and 
     Regulatory Department, Pension Benefit Guaranty Corporation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Allocation of Assets in Single-Employer Plans; Interest 
     Assumptions for Valuing and Paying Benefits'' (29 CFR Part 
     4044) received in the Office of the President of the Senate 
     on January 13, 2009; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-465. A communication from the Secretary of Education, 
     transmitting, pursuant to law, a report on the Department's 
     Semiannual Report to Congress on Audit Follow-Up for the 
     period of April 1, 2008, through September 30, 2008; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-466. A communication from the Acting Director, Strategic 
     Human Resources Policy Division, Office of Personnel 
     Management, transmitting, pursuant to law, the report of a 
     rule entitled ``Prevailing Rate Systems; Redefinition of the 
     Buffalo, NY, and Pittsburgh, PA, Appropriated Fund Federal 
     Wage System Wage Areas'' (RIN3206-AL71) received in the 
     Office of the President of the Senate on January 13, 2009; to 
     the Committee on Homeland Security and Governmental Affairs.
       EC-467. A communication from the Deputy General Counsel and 
     Designated Reporting Official, Office of National Drug 
     Control Policy, Executive Office of the President, 
     transmitting, pursuant to law, the report of action on 
     nominations for the positions of Deputy Director for Supply 
     Reduction and Deputy Director for State, Local and Tribal 
     Affairs, received in the Office of the President of the 
     Senate on January 13, 2009; to the Committee on the 
     Judiciary.
       EC-468. A communication from the Congressional Review 
     Coordinator, Animal and

[[Page S387]]

     Plant Health Inspection Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Change in Disease Status of Surrey County, England, Because 
     of Foot-and-Mouth Disease'' (Docket No. APHIS-2007-0124) 
     received in the Office of the President of the Senate on 
     January 14, 2009; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       EC-469. A communication from the General Counsel, Federal 
     Housing Finance Agency, transmitting, pursuant to law, the 
     report of a rule entitled ``Flood Insurance'' (RIN2590-AA09) 
     received in the Office of the President of the Senate on 
     January 14, 2009; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-470. A communication from the General Counsel, National 
     Credit Union Administration, transmitting, pursuant to law, 
     the report of a rule entitled ``The Low-Income Definition'' 
     (RIN3133-AC98) received in the Office of the President of the 
     Senate on January 14, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-471. A communication from the General Counsel, Federal 
     Housing Finance Agency, transmitting, pursuant to law, the 
     report of a rule entitled ``Freedom of Information Act'' 
     (RIN2590-AA05) received in the Office of the President of the 
     Senate on January 14, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-472. A communication from the Secretary of 
     Transportation, transmitting, pursuant to law, a report 
     relative to the Safe Routes to School (SRTS) program; to the 
     Committee on Environment and Public Works.
       EC-473. A communication from the General Counsel, 
     Department of the Treasury, transmitting a draft bill 
     intended to propose several reforms to the International 
     Monetary Fund; to the Committee on Foreign Relations.
       EC-474. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Final Report to Congress on the Informatics for 
     Diabetes Education and Telemedicine (IDEATel) Demonstration, 
     Phases I and II; September 5, 2008''; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-475. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Final Report to Congress on the Informatics for 
     Diabetes Education and Telemedicine (IDEATel) Demonstration, 
     Phases I and II; June 18, 2008''; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-476. A communication from the Secretary, American Battle 
     Monuments Commission, transmitting, pursuant to law, a report 
     relative to the Commission's competitive sourcing efforts 
     during fiscal year 2008; to the Committee on Homeland 
     Security and Governmental Affairs.
       EC-477. A communication from the Acting Director, Office of 
     Personnel Management, transmitting, pursuant to law, the 
     Office of Inspector General's Audit Recommendations and the 
     Management Decisions for the period of April 1, 2008, through 
     September 30, 2008; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-478. A communication from the Senior Procurement 
     Executive, Office of the Chief Acquisition Officer, General 
     Services Administration, Department of Defense, and National 
     Aeronautics and Space Administration, transmitting, pursuant 
     to law, the report of a rule entitled ``Federal Acquisition 
     Regulation; Federal Acquisition Circular 2005-30'' (FAC 2005-
     30) received in the Office of the President of the Senate on 
     January 14, 2009; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-479. A communication from the Director of the Office of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Northeastern 
     United States; Atlantic Herring Fishery; Total Allowable 
     Catch Harvested for Management Area 1B'' (RIN0648-XM38) 
     received in the Office of the President of the Senate on 
     January 14, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-480. A communication from the Director of the Office of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Inseason Adjustment to the 2009 
     Bering Sea Pollock Total Allowable Catch Amount'' (RIN0648-
     XM47) received in the Office of the President of the Senate 
     on January 14, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-481. A communication from the Deputy Assistant 
     Administrator for Operations, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Northeastern United States; Summer Flounder, Scup, and Black 
     Sea Bass Fisheries; 2009 Summer Flounder, Scup, and Black Sea 
     Bass Specifications; Preliminary 2009 Quota Adjustments; 2009 
     Summer Flounder Quota for Delaware'' (RIN0648-XJ96) received 
     in the Office of the President of the Senate on January 14, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-482. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Magnuson-
     Stevens Act Provisions; Limited Access Privilege Programs; 
     Individual Fishing Quota Referenda Guidelines and Procedures 
     for the New England Fishery Management Council, the Gulf of 
     Mexico Fishery Management Council, and the National Marine 
     Fisheries Service'' (RIN0648-AW05) received in the Office of 
     the President of the Senate on January 14, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-483. A communication from the Assistant Chief Counsel 
     for Hazardous Materials Safety, Pipeline and Hazardous 
     Materials Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Hazardous Materials: Improving the Safety 
     of Railroad Tank Car Transportation of Hazardous Materials'' 
     (RIN2130-AB69) received in the Office of the President of the 
     Senate on January 14, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-484. A communication from the Regulations Officer, 
     Federal Highway Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Highway Safety Improvement Program'' (RIN2125-AF25) 
     received in the Office of the President of the Senate on 
     January 14, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-485. A communication from the Regulations Officer, 
     Federal Highway Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fair Market Value and Design-Build Amendments'' (RIN2125-
     AF29) received in the Office of the President of the Senate 
     on January 14, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-486. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.622(i), Final DTV Table of Allotments, Television 
     Broadcast Stations; Grand Island, Nebraska'' (MB Docket No. 
     08-213) received in the Office of the President of the Senate 
     on January 14, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-487. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Houston, TX'' ((Docket No. 
     FAA-2008-1046) (Airspace Docket No. 08-ASW-21)) received in 
     the Office of the President of the Senate on January 14, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-488. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Branson, MO'' ((Docket 
     No. FAA-2008-0873)(Airspace Docket No. 08-AGL-7)) received in 
     the Office of the President of the Senate on January 14, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-489. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Low Altitude Area Navigation of T-254; 
     Houston, TX'' ((Docket No. FAA-2008-0716)(Airspace Docket No. 
     08-ASW-9)) received in the Office of the President of the 
     Senate on January 14, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-490. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures, and Takeoff 
     Minimums and Obstacle Departure Procedures; Miscellaneous 
     Amendments'' ((Docket No. 30643) (Amendment No. 3301)) 
     received in the Office of the President of the Senate on 
     January 14, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-491. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures, and Takeoff 
     Minimums and Obstacle Departure Procedures; Miscellaneous 
     Amendments'' ((Docket No. 30642) (Amendment No. 3300)) 
     received in the Office of the President of the Senate on 
     January 14, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-492. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``IFR Altitudes; Miscellaneous Amendments'' ((Docket No. 
     30644) (Amendment No. 478)) received in the Office of the 
     President of the Senate on January 14, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-493. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modification of Class D and E Airspace; Brunswick, ME'' 
     ((Docket No. FAA-2008-0203)(Airspace Docket No. 08-ANE-99)) 
     received in the Office of the President of the Senate on 
     January 14, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-494. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule

[[Page S388]]

     entitled ``Airworthiness Directives; CFM International, S.A. 
     CFM56-5B Series Turbofan Engines'' ((RIN2120-AA64)(Docket No. 
     FAA-2008-1353)) received in the Office of the President of 
     the Senate on January 14, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-495. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Washington, DC Metropolitan Area Special Flight Rules Area; 
     Correction'' (RIN2120-AI17) received in the Office of the 
     President of the Senate on January 14, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-496. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Clarification for Submitting Petitions for Rulemaking or 
     Exemption'' (RIN2120-AG95) received in the Office of the 
     President of the Senate on January 14, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-497. A communication from the Assistant Chief Counsel 
     for Hazardous Materials Safety, Pipeline and Hazardous 
     Materials Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Hazardous Materials: Revision to 
     Requirements for the Transportation of Batteries and Battery-
     Powered Devices; and Harmonization with the United Nations 
     Recommendations, International Maritime Dangerous Goods Code, 
     and International Civil Aviation Organization's Technical 
     Instructions'' (RIN2137-AE31) received in the Office of the 
     President of the Senate on January 14, 2009; to the Committee 
     on Commerce, Science, and Transportation.

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