[Congressional Record Volume 155, Number 133 (Monday, September 21, 2009)]
[Senate]
[Pages S9586-S9589]
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-3038. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, Economics, 
     and Innovation, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Meptyldinocap; Pesticide Tolerances'' (FRL No. 8429-7) 
     received in the Office of the President of the Senate on 
     September 16, 2009; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-3039. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, Economics, 
     and Innovation, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Spinosad; Pesticide Tolerances'' (FRL No. 8434-2) received 
     in the Office of the President of the Senate on September 16, 
     2009; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-3040. A communication from the Director of the 
     Regulatory Management Division,

[[Page S9587]]

     Office of Policy, Economics, and Innovation, Environmental 
     Protection Agency, transmitting, pursuant to law, the report 
     of a rule entitled ``Tembotrione; Pesticide Tolerances'' (FRL 
     No. 8431-5) received in the Office of the President of the 
     Senate on September 16, 2009; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-3041. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, Economics, 
     and Innovation, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Thiram; Pesticide Tolerance'' (FRL No. 8431-9) received in 
     the Office of the President of the Senate on September 16, 
     2009; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-3042. 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 Sweet Oranges and 
     Grapefruit from Chile; Technical Amendment'' ((RIN0579-
     AC83)(Docket No. APHIS-2007-0115)) received in the Office of 
     the President of the Senate on September 16, 2009; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-3043. A communication from the Director of Program 
     Development and Regulatory Analysis, Rural Utilities Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Interconnection of Distributed 
     Resources'' (RIN0572-AC07) received in the Office of the 
     President of the Senate on September 15, 2009; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-3044. A communication from the Director of Program 
     Development and Regulatory Analysis, Rural Utilities Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Telecommunications Policies on 
     Specifications, Acceptable Materials, and Standard Contract 
     Forms'' (7 CFR Part 1755) received in the Office of the 
     President of the Senate on September 15, 2009; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-3045. A communication from the Acting Chief of the 
     Contracts Branch, Philadelphia District of the Corps of 
     Engineers, Department of the Army, transmitting, a report 
     relative to the awarding of a firm fixed price contract for 
     Recovery--Maintenance Dredging, Delaware River, Philadelphia, 
     Pennsylvania to Trenton, New Jersey; to the Committee on 
     Armed Services.
       EC-3046. A communication from the Assistant Secretary of 
     the Navy (Installations and Environment), transmitting, 
     pursuant to law, a report relative to the Department of the 
     Navy converting to contract the training and administrative 
     support functions currently being performed by (78) military 
     personnel at various locations; to the Committee on Armed 
     Services.
       EC-3047. A communication from the Associate General Counsel 
     for Legislation and Regulations, Office of Housing, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, the report of a rule entitled ``Home Equity 
     Conversion Mortgage (HECM) Counseling Standardization and 
     Roster'' ((RIN2502-A134)(Docket No. FR-4989-F-02)) received 
     in the Office of the President of the Senate on September 15, 
     2009; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-3048. A communication from the Associate General Counsel 
     for Legislation and Regulations, Office of Housing, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, the report of a rule entitled ``HUD 
     Acquisition Regulation (HUDAR) Debarment and Suspension 
     Procedures; Correcting Amendment'' ((RIN2535-AA28)(FR-509-C-
     03)) received in the Office of the President of the Senate on 
     September 15, 2009; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-3049. A communication from the Associate General Counsel 
     for Legislation and Regulations, Office of Housing, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, the report of a rule entitled ``Refinement 
     of Income and Rent Determination Requirements in Public and 
     Assisted Housing Programs; Delay of Effective Date'' 
     (RIN2501-AD16) (Docket No. FR-4998-F-05)) received in the 
     Office of the President of the Senate on September 16, 2009; 
     to the Committee on Banking, Housing, and Urban Affairs.
       EC-3050. A communication from the Associate General Counsel 
     for Legislation and Regulations, Office of Housing, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, the report of a rule entitled ``Use of 
     Project Labor Agreements for Federal Construction Projects'' 
     ((RIN2501-AD47)(FR-5331-F-01)) received in the Office of the 
     President of the Senate on September 16, 2009; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-3051. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Arbitration for Public Assistance Determinations Related to 
     Hurricanes Katrina and Rita (Disasters DR-1603, DR-1604, DR-
     1605, DR-1606, and DR-1607)'' ((44 CFR Part 206)(Docket No. 
     FEMA-2009-0006)) received in the Office of the President of 
     the Senate on September 16, 2009; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-3052. A communication from the Deputy to the Chairman, 
     Federal Deposit Insurance Corporation, transmitting, pursuant 
     to law, the report of a rule entitled ``Annual Independent 
     Audits and Reporting Requirements'' (12 CFR Parts 308 and 
     363) received in the Office of the President of the Senate on 
     September 16, 2009; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-3053. A communication from the Secretary of the 
     Securities and Exchange Commission, transmitting, pursuant to 
     law, the report of a rule entitled ``Extension of Temporary 
     Exemptions for Eligible Credit Default Swaps to Facilitate 
     Operation of Central Counterparties to Clear and Settle 
     Credit Default Swaps'' (RIN3235-AK26) received in the Office 
     of the President of the Senate on September 15, 2009; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-3054. A communication from the Associate Director, 
     Office of Foreign Assets Control, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Cuban Assets Control Regulations'' (31 CFR Parts 515) 
     received in the Office of the President of the Senate on 
     September 15, 2009; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-3055. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, a six-month periodic 
     report on the national emergency with respect to Iran as 
     declared in Executive Order 12957; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-3056. A communication from the Secretary of the 
     Commission, Bureau of Competition, Federal Trade Commission, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Prohibition on Market Manipulation'' (RIN3084-AB128) 
     received in the Office of the President of the Senate on 
     September 15, 2009; to the Committee on Energy and Natural 
     Resources.
       EC-3057. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, Economics, 
     and Innovation, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of State Implementation Plans; 
     State of Colorado; Revisions to the Denver Emergency Episode 
     Plan'' (FRL No. 8957-3) received in the Office of the 
     President of the Senate on September 16, 2009; to the 
     Committee on Environment and Public Works.
       EC-3058. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, Economics, 
     and Innovation, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Protection of Stratospheric Ozone: Notice 24 for 
     Significant New Alternatives Policy Program'' (FRL No. 8959-
     2) received in the Office of the President of the Senate on 
     September 16, 2009; to the Committee on Environment and 
     Public Works.
       EC-3059. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, Economics, 
     and Innovation, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revisions to the California State Implementation Plan, San 
     Diego Air Pollution Control District'' (FRL No. 8956-9) 
     received in the Office of the President of the Senate on 
     September 16, 2009; to the Committee on Environment and 
     Public Works.
       EC-3060. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, Economics, 
     and Innovation, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revisions to the California State Implementation Plan, San 
     Joaquin Valley Air Pollution Control District'' (FRL No. 
     8956-8) received in the Office of the President of the Senate 
     on September 16, 2009; to the Committee on Environment and 
     Public Works.
       EC-3061. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, Economics, 
     and Innovation, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Significant New Use Rules on Certain Chemical Substances'' 
     (FRL No. 8430-3) received in the Office of the President of 
     the Senate on September 16, 2009; to the Committee on 
     Environment and Public Works.
       EC-3062. A communication from the Inspector General, Office 
     of Congressional Affairs, Nuclear Regulatory Commission, 
     transmitting, pursuant to law, the Commission's inventory of 
     commercial activities and inherently governmental functions 
     for fiscal year 2009; to the Committee on Environment and 
     Public Works.
       EC-3063. 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; Limitation on 
     Recoupment of Provider and Supplier Overpayments'' (RIN0938-
     AN42) received in the Office of the President of the Senate 
     on September 15, 2009; to the Committee on Finance.
       EC-3064. 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 ``Disregarded Entities and Excise Taxes'' 
     (RIN1545-BH91) received in the Office of the President of the 
     Senate on September 15, 2009; to the Committee on Finance.
       EC-3065. 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 2009-
     0116--2009-0125); to the Committee on Foreign Relations.

[[Page S9588]]

       EC-3066. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to law, (30) thirty reports 
     relative to vacancy announcements in the Department of State, 
     received in the Office of the President of the Senate on 
     September 14, 2009; to the Committee on Foreign Relations.
       EC-3067. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report relative to the 
     United Nations and the UN Specialized Agencies employment of 
     Americans during 2008; to the Committee on Foreign Relations.
       EC-3068. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to Executive Order 13313 of 
     July 31, 2003, the semiannual report detailing payments made 
     to Cuba as a result of the provision of telecommunications 
     services pursuant to Department of the Treasury specific 
     licenses; to the Committee on Foreign Relations.
       EC-3069. A communication from the Deputy Director of 
     Regulations and Policy Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revision of the Requirements for Publication of License 
     Revocation; Confirmation of Effective Date'' (Docket No. FDA-
     2009-N-0100) received in the Office of the President of the 
     Senate on September 16, 2009; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-3070. A communication from the Deputy Director of 
     Regulations and Policy Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Microbiology Devices; Reclassification of Herpes Simplex 
     Virus Types 1 and 2 Serological Assays'' (Docket No. FDA-
     2009-N-0344) received in the Office of the President of the 
     Senate on September 16, 2009; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-3071. A communication from the Director, Directorate of 
     Standards and Guidance, Occupational Safety and Health 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``Updating OSHA Standards Based on National 
     Consensus Standards; Personal Protective Equipment'' 
     (RIN1218-AC08) received in the Office of the President of the 
     Senate on September 15, 2009; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-3072. A communication from the District of Columbia 
     Auditor, transmitting, pursuant to law, a report entitled 
     ``Audit of Advisory Neighborhood Commission 1D for Fiscal 
     Years 2006 through 2009, as of March 31, 2009''; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-3073. A communication from the District of Columbia 
     Auditor, transmitting, pursuant to law, a report entitled 
     ``Letter Report: Responses to Specific Questions Regarding 
     the Department of Housing and Community Development's Home 
     Purchase Assistance Program''; to the Committee on Homeland 
     Security and Governmental Affairs.
       EC-3074. A communication from the District of Columbia 
     Auditor, transmitting, pursuant to law, a report entitled 
     ``Audit of Advisory Neighborhood Commission 3E for Fiscal 
     Years 2007 through 2009, as of March 31, 2009''; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-3075. A communication from the Chairman, Merit System 
     Protection Board, transmitting, pursuant to law, a report 
     entitled ``Managing for Engagement--Communication, 
     Connection, and Courage''; to the Committee on Homeland 
     Security and Governmental Affairs.
       EC-3076. A communication from the Director, Office of 
     Personnel Management, transmitting, pursuant to law, a report 
     entitled ``Status of Telework in the Federal Government''; to 
     the Committee on Homeland Security and Governmental Affairs.
       EC-3077. A communication from the Director 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; Atka Mackerel in the Bering Sea and Aleutian Islands 
     Management Area'' (RIN0648-XR43) received in the Office of 
     the President of the Senate on September 16, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3078. A communication from the Director 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 610 in the Gulf of 
     Alaska'' (RIN0648-XR40) received in the Office of the 
     President of the Senate on September 16, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3079. A communication from the Deputy Assistant 
     Administrator for Operations, Office of Sustainable 
     Fisheries, Department of Commerce, 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; Amendment 29'' (RIN0648-AX39) 
     received in the Office of the President of the Senate on 
     September 16, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-3080. A communication from the Deputy Assistant 
     Administrator for Operations, Office of Sustainable 
     Fisheries, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fraser River Sockeye and 
     Pink Salmon Fisheries; Notification of Inseason Orders; 
     Correction'' (RIN0648-AY02) received in the Office of the 
     President of the Senate on September 16, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3081. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, Office of Sustainable 
     Fisheries, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``The Western Pacific; 
     Pelagic Fisheries; Squid Jig Fisheries'' (RIN0648-AS71) 
     received in the Office of the President of the Senate on 
     September 16, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-3082. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Services, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and 
     Aleutian Islands Management Area'' (RIN0648-XR36) received in 
     the Office of the President of the Senate on September 16, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-3083. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Services, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Northeastern 
     United States; Tilefish Fishery; Quota Harvested for Part-
     time Category'' (RIN0648-XP75) received in the Office of the 
     President of the Senate on September 16, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3084. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Services, 
     Department of Commerce, 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'' (RIN0648-
     XR33) received in the Office of the President of the Senate 
     on September 16, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-3085. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Services, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Pacific Cod by Vessels Subject to 
     Amendment 80 Sideboard Limits in the Western Regulatory Area 
     of the Gulf of Alaska'' (RIN0648-XR37) received in the Office 
     of the President of the Senate on September 16, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3086. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Services, 
     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-XR30) received in the Office of 
     the President of the Senate on September 16, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3087. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Services, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Northeastern 
     United States; Atlantic Bluefish Fishery; Quota Transfer'' 
     (RIN0648-XQ95) received in the Office of the President of the 
     Senate on September 16, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-3088. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Services, 
     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 630 in 
     the Gulf of Mexico'' (RIN0648-XR70) received in the Office of 
     the President of the Senate on September 16, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3089. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Services, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Northeastern 
     United States; Summer Flounder Fishery; Commercial Quota 
     Harvested for the Commonwealth of Massachusetts'' (RIN0648-
     XR11) received in the Office of the President of the Senate 
     on September 16, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-3090. A communication from the Legal Advisor, Wireless 
     Telecommunications Bureau, Federal Communications Commission, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Facilitating the Provision of Fixed and Mobile Broadband 
     Access, Educational and Other Advanced Services in the 2150-
     2162 and 2500-2690 MHz Bands'' (FCC 09-70) received on 
     September 16, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-3091. A communication from the Chief of the Policy 
     Division, International Bureau, Federal Communications 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Procedures to Govern the Use of Satellite 
     Earth Stations on Board Vessels in the 5925-6425 MHz/3700-
     4200 MHz Band and 14.0-14.5 GHz/12.2 GH Bands'' (IB Docket 
     No. 02-10) received on September 14, 2009; to the Committee 
     on Commerce, Science, and Transportation.

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