[Congressional Record Volume 155, Number 63 (Tuesday, April 28, 2009)]
[Senate]
[Pages S4804-S4806]
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-1426. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Penoxsulam; Pesticide Tolerances'' (FRL-8411-9) received in 
     the Office of the President of the Senate on April 27, 2009; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-1427. 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 ``National Poultry Improvement Plan 
     and Auxiliary Provisions; Correcting Amendment'' (Docket No. 
     APHIS-2007-0042) received in the Office of the President of 
     the Senate on April 23, 2009; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-1428. 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 ``Importation of Table Eggs From 
     Regions Where Exotic Newcastle Disease Exists'' (Docket No. 
     APHIS-2007-0014) received in the Office of the President of 
     the Senate on April 23, 2009; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-1429. A communication from the Acting Associate 
     Administrator, Agricultural Marketing Service, Department of 
     Agriculture, transmitting, pursuant to law, the report of a 
     rule entitled ``Irish Potatoes Grown in Colorado; 
     Modification of the Handling Regulation for Area No. 2'' 
     ((Docket No. AMS-FV-08-0094)(FV09-948-1 IFR)) received in the 
     Office of the President of the Senate on April 23, 2009; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-1430. A communication from the Acting Associate 
     Administrator, Agricultural Marketing Service, Department of 
     Agriculture, transmitting, pursuant to law, the report of a 
     rule entitled ``Kiwifruit Grown in California; Decreased 
     Assessment Rate'' ((Docket No. AMS-FV-08-0095)(FV09-920-1 
     IFR)) received in the Office of the President of the Senate 
     on April 23, 2009; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-1431. A communication from the Acting Associate 
     Administrator, Agricultural Marketing Service, Department of 
     Agriculture, transmitting, pursuant to law, the report of a 
     rule entitled ``Tart Cherries Grown in the States of 
     Michigan, et al.; Change to Fiscal Period'' ((Docket No. AMS-
     FV-08-0066)(FV08-930-2 FIR)) received in the Office of the 
     President of the Senate on April 23, 2009; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-1432. A communication from the Acting Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Regulations Under the Perishable Agricultural Commodities 
     Act, 1930; Section 610 Review'' ((Docket No. AMS-FV-08-
     0013)(FV08-379)) received in the Office of the President of 
     the Senate on April 23, 2009; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-1433. A communication from the Acting Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Tomatoes Grown in Florida; Partial Exemption to the Minimum 
     Grade Requirements'' ((Docket No. AMS-FV-08-0090)(FV09-966-1 
     FIR)) received in the Office of the President of the Senate 
     on April 23, 2009; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-1434. A communication from the Acting Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Raisins Produced From Grapes Grown in California; Final 
     Free and Reserve Percentages for 2008-09 Crop Natural (Sun-
     Dried) Seedless Raisins'' ((Docket No. AMS-FV-08-0114)(FV09-
     989-1 IFR)) received in the Office of the President of the 
     Senate on April 23, 2009; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-1435. A communication from the Acting Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Milk in the Appalachian and Southeast Marketing Areas; 
     Order To Terminate Proceeding on Proposed Amendments to 
     Marketing Agreements and Orders'' ((Docket No. AMS-DA-07-
     0133)(AO-388-A15)) received in the Office of the President of 
     the Senate on April 23, 2009; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-1436. A communication from the Acting 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; Salable Quantities and Allotment 
     Percentages for the 2009-2010 Marketing Year'' ((Docket No. 
     AMS-FV-08-0104)(FV09-985-1 FR)) received in the Office of the 
     President of the Senate on April 23, 2009; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-1437. A communication from the Acting Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Oranges, Grapefruit, Tangerines and Tangelos Grown in 
     Florida and Imported Grapefruit; Relaxation of Size 
     Requirements for Grapefruit'' ((Docket No. AMS-FV-09-
     0002)(FV09-905-1 IFR)) received in the Office of the 
     President of the Senate on April 23, 2009; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-1438. A communication from the Deputy Under Secretary of 
     Defense for Logistics

[[Page S4805]]

     and Materiel Readiness, transmitting, pursuant to law, a 
     report relative to the operations of the National Defense 
     Stockpile (NDS); to the Committee on Armed Services.
       EC-1439. 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 
     12978 with respect to significant narcotics traffickers 
     centered in Colombia; to the Committee on Banking, Housing, 
     and Urban Affairs.
       EC-1440. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, a six-month periodic 
     report on the national emergency with respect to Sudan that 
     was declared in Executive Order 13067 of November 3, 1997; to 
     the Committee on Banking, Housing, and Urban Affairs.
       EC-1441. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, a six-month periodic 
     report on the national emergency with respect to Syria that 
     was declared in Executive Order 13338 of May 11, 2004; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-1442. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, a six-month periodic 
     report on the national emergency with respect to the 
     situation in or in relation to the Democratic Republic of the 
     Congo that was declared in Executive Order 13413 of October 
     27, 2006; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-1443. 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 
     ``Regulations Governing Securities Held in TreasuryDirect'' 
     (31 CFR Part 363) received in the Office of the President of 
     the Senate on April 23, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-1444. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Suspension of Community Eligibility'' ((44 CFR Part 64)(74 
     FR 17094)) received in the Office of the President of the 
     Senate on April 27, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-1445. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Changes in Flood Elevation Determinations'' ((44 CFR Part 
     65)(74 FR 16783)) received in the Office of the President of 
     the Senate on April 27, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-1446. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Final Flood Elevation Determinations'' ((44 CFR Part 67)(74 
     FR 16785)) received in the Office of the President of the 
     Senate on April 27, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-1447. A communication from the Senior Counsel for 
     Regulatory Affairs, Office of Domestic Finance, Department of 
     the Treasury, transmitting, pursuant to law, the report of a 
     rule entitled ``Terrorism Risk Insurance Program; Terrorism 
     Risk Insurance Program Reauthorization Act Implementation'' 
     (RIN1505-AB93) received in the Office of the President of the 
     Senate on April 27, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-1448. 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; Pacific Cod by Catcher Vessels Less 
     Than 60 ft (18.3 m) Length Overall Using Hook-and-Line or Pot 
     Gear in the Bering Sea and Aleutian Islands Management Area'' 
     (RIN0648-XN75) received in the Office of the President of the 
     Senate on April 23, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-1449. 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; Pollock in Statistical Area 620 in 
     the Gulf of Alaska'' (RIN0648-XN83) received in the Office of 
     the President of the Senate on April 23, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1450. 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 Northeastern United States; Northeast Multispecies 
     Fishery; Secretarial Final Interim Action'' (RIN0648-AX72) 
     received in the Office of the President of the Senate on 
     April 23, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1451. 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 ``Taking and 
     Importing Marine Mammals; U.S. Navy Training in the Southern 
     California Range Complex'' (RIN0648-AW91) received in the 
     Office of the President of the Senate on April 23, 2009; to 
     the Committee on Commerce, Science, and Transportation.
       EC-1452. A communication from the Acting Assistant 
     Administrator, Office of Administration and Resources 
     Management, Environmental Protection Agency, transmitting, 
     pursuant to law, a report relative to the Buy American Act; 
     to the Committee on Environment and Public Works.
       EC-1453. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting a courtesy copy of the report of a rule entitled 
     ``Lead; Minor Amendments to the Renovation, Repair, and 
     Painting Program'' (RIN2070-AJ48) received in the Office of 
     the President of the Senate on April 27, 2009; to the 
     Committee on Environment and Public Works.
       EC-1454. 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; Minnesota'' (FRL-8896-3) received in the Office of the 
     President of the Senate on April 27, 2009; to the Committee 
     on Environment and Public Works.
       EC-1455. 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; Minnesota'' (FRL-8896-5) received in the Office of the 
     President of the Senate on April 27, 2009; to the Committee 
     on Environment and Public Works.
       EC-1456. 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; Wisconsin; Finding of Attainment for 1-Hour Ozone for 
     the Milwaukee-Racine, WI Area'' (FRL-8895-8) received in the 
     Office of the President of the Senate on April 27, 2009; to 
     the Committee on Environment and Public Works.
       EC-1457. 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; Revisions to Particulate Matter Regulations'' 
     (FRL-8897-3) received in the Office of the President of the 
     Senate on April 27, 2009; to the Committee on Environment and 
     Public Works.
       EC-1458. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Montana: Final Authorization of State Hazardous Waste 
     Management Program Revision'' (FRL-8895-7) received in the 
     Office of the President of the Senate on April 27, 2009; to 
     the Committee on Environment and Public Works.
       EC-1459. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``New Source Performance Standards Review for Nonmetallic 
     Mineral Processing Plants; and Amendment to Subpart UUU 
     Applicability'' (FRL-8896-7) received in the Office of the 
     President of the Senate on April 27, 2009; to the Committee 
     on Environment and Public Works.
       EC-1460. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Ocean Dumping; Designation of Ocean Dredged Material 
     Disposal Sites Offshore of the Umpqua River, Oregon'' (FRL-
     8893-1) received in the Office of the President of the Senate 
     on April 27, 2009; to the Committee on Environment and Public 
     Works.
       EC-1461. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revisions to the California State Implementation Plan, 
     South Coast Air Quality Management District'' (FRL-8783-5) 
     received in the Office of the President of the Senate on 
     April 27, 2009; to the Committee on Environment and Public 
     Works.
       EC-1462. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Toxic Release Inventory Form A Eligibility Revisions 
     Implementing the 2009 Omnibus Appropriations Act'' (FRL-8897-
     4) received in the Office of the President of the Senate on 
     April 27, 2009; to the Committee on Environment and Public 
     Works.
       EC-1463. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Section 3401(h)--Differential Wage Payments 
     to Active Duty Members of the Uniformed Services'' (Rev. Rul. 
     2009-11) received in the Office of the President of the 
     Senate on April 23, 2009; to the Committee on Finance.
       EC-1464. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Applicable Federal Rates--May 2009'' (Rev. 
     Rul. 2009-12) received in the Office of the President of the 
     Senate on April 23, 2009; to the Committee on Finance.
       EC-1465. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Credit for Residential Energy Efficient 
     Property'' (Notice 2009-41) received in the Office of the 
     President of the Senate on April 23, 2009; to the Committee 
     on Finance.

[[Page S4806]]

       EC-1466. A communication from the Assistant Secretary, 
     Bureau of Legislative Affairs, Department of State, 
     transmitting, pursuant to the Arms Export Control Act, the 
     certification of a proposed amendment to expand the sales 
     territory associated with a manufacturing license agreement 
     for the production of significant military equipment (SME) in 
     Turkey; to the Committee on Foreign Relations.
       EC-1467. A communication from the Acting Executive 
     Secretary, U.S. Agency for International Development, 
     transmitting, pursuant to law, the report of designation of 
     acting officer and change in previously submitted reported 
     information in the position of Assistant Administrator of the 
     Bureau for Legislative and Public Affairs, received in the 
     Office of the President of the Senate on April 27, 2009; to 
     the Committee on Foreign Relations.
       EC-1468. A communication from the Director of the 
     Regulations Policy and Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``New Drug Applications and Abbreviated New Drug 
     Applications; Technical Amendment'' (Docket No. FDA-2009-N-
     0099) received in the Office of the President of the Senate 
     on April 27, 2009; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-1469. A communication from the Director of the 
     Regulations Policy and Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Astringent Drug Products That Produce Aluminum Acetate; 
     Skin Protectant Drug Products for Over-the-Counter Human Use; 
     Technical Amendment'' (RIN0910-AF42) received in the Office 
     of the President of the Senate on April 27, 2009; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-1470. A communication from the Director of the 
     Regulations Policy and Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Food Additives Permitted for Direct Addition to Food for 
     Human Consumption; Vitamin D2'' (Docket No. FDA-2007-F-0274) 
     received in the Office of the President of the Senate on 
     April 27, 2009; to the Committee on Health, Education, Labor, 
     and Pensions.
       EC-1471. A communication from the Director of the 
     Regulations Policy and Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Food Additives Permitted for Direct Addition to Food for 
     Human Consumption; Silver Nitrate and Hydrogen Peroxide'' 
     (Docket No. FDA-2005-F-0505) received in the Office of the 
     President of the Senate on April 27, 2009; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-1472. A communication from the Director of the 
     Regulations Policy and Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revision of Organization and Conforming Changes to 
     Regulations'' (Docket No. FDA-2009-N-0144) received in the 
     Office of the President of the Senate on April 27, 2009; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-1473. 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 a nomination in 
     the position of Director of National Drug Control Policy, 
     received in the Office of the President of the Senate on 
     April 27, 2009; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-1474. A communication from the Director, Administrative 
     Office of the United States Courts, transmitting, pursuant to 
     law, a report entitled ``2008 Wiretap Report''; to the 
     Committee on the Judiciary.
       EC-1475. A communication from the Director, Office of 
     National Drug Control Policy, Executive Office of the 
     President, transmitting, pursuant to law, two reports 
     entitled ``Fiscal Year 2008 Performance Summary Report'' and 
     ``Fiscal Year 2008 Accounting of Drug Control Funds''; to the 
     Committee on the Judiciary.
       EC-1476. A communication from the Director, Office of 
     National Drug Control Policy, Executive Office of the 
     President, transmitting, pursuant to law, a report relative 
     to actions undertaken to address recommendations received in 
     the fiscal year 2008 study completed by an independent Panel 
     of the National Academy of Public Administration; to the 
     Committee on the Judiciary.

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