[Congressional Record Volume 157, Number 135 (Tuesday, September 13, 2011)]
[Senate]
[Pages S5532-S5534]
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-3168. A communication from the Administrator, Rural 
     Housing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Intergovernmental Review'' (7 CFR Parts 1778, 1942, 1944, 
     1948, 1951, 1980, 3560, 3565, 3570, 4274) received in the 
     Office of the President of the Senate on September 8, 2011; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-3169. 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 ``Commercial Transportation of 
     Equines to Slaughter'' ((RIN0579-AC49) (Docket No. APHIS-
     2006-0168)) received in the Office of the President of the 
     Senate on September 8, 2011; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-3170. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Atrazine, Chloroneb, 
     Chlorpyrifos, Clofencet, Endosulfan, et al; Tolerance 
     Actions'' (FRL No. 8883-9) received in the Office of the 
     President of the Senate on September 12, 2011; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-3171. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Sulfur Dioxide; 
     Pesticide Tolerances for Emergency Exemptions'' (FRL No. 
     8887-2) received in the Office of the President of the Senate 
     on September 12, 2011; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-3172. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Passive Radio Frequency Identification'' ((RIN0750-AH05) 
     (DFARS Case 2010-D014)) received in the Office of the 
     President of the Senate on September 12, 2011; to the 
     Committee on Armed Services.
       EC-3173. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Discussions Prior to Contract

[[Page S5533]]

     Award'' ((RIN0750-AG82) (DFARS Case 2010-D013)) received in 
     the Office of the President of the Senate on September 12, 
     2011; to the Committee on Armed Services.
       EC-3174. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Alternative Line Item Structure'' ((RIN0750-AH02) (DFARS 
     Case 2010-D017)) received in the Office of the President of 
     the Senate on September 12, 2011; to the Committee on Armed 
     Services.
       EC-3175. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Material Inspection and Receiving Report'' (DFARS Case 
     2009-D023) received in the Office of the President of the 
     Senate on September 12, 2011; to the Committee on Armed 
     Services.
       EC-3176. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Construction and Architect-Engineer Services Performance 
     Evaluation'' ((RIN0750-AG91) (DFARS Case 2010-D024)) received 
     in the Office of the President of the Senate on September 12, 
     2011; to the Committee on Armed Services.
       EC-3177. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Designation of a Contracting Officer's Representative'' 
     ((RIN0750-AH35) (DFARS Case 2011-D037)) received in the 
     Office of the President of the Senate on September 12, 2011; 
     to the Committee on Armed Services.
       EC-3178. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Positive Law Codification of Title 41 U.S.C.'' ((RIN0750-
     AG38) (DFARS Case 2011-D036)) received in the Office of the 
     President of the Senate on September 12, 2011; to the 
     Committee on Armed Services.
       EC-3179. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Award Fee Reduction or Denial for Health or Safety Issues'' 
     ((RIN0750-AH37) (DFARS Case 2011-D033)) received in the 
     Office of the President of the Senate on September 9, 2011; 
     to the Committee on Armed Services.
       EC-3180. 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) 
     (Docket No. FEMA-2011-0002)) received in the Office of the 
     President of the Senate on September 8, 2011; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-3181. A communication from the Acting Assistant 
     Secretary for Housing-Federal Housing Commissioner, 
     transmitting, pursuant to law, a report relative to the 
     Federal Housing Administration's (FHA) General and Special 
     Risk Insurance (GI/SRI) Fund and the FHA's Mutual Mortgage 
     Insurance Fund; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-3182. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; Ohio and 
     West Virginia; Determinations of Attainment of the 1997 
     Annual Fine Particle Standard for Four Nonattainment Areas'' 
     (FRL No. 9463-1) received in the Office of the President of 
     the Senate on September 12, 2011; to the Committee on Energy 
     and Natural Resources.
       EC-3183. A communication from the Chief of the Recovery and 
     Delisting Branch, Fish and Wildlife Services, Department of 
     the Interior, transmitting, pursuant to law, the report of a 
     rule entitled ``Endangered and Threatened Wildlife and 
     Plants; Removal of Echinacea tennesseensis (Tennessee Purple 
     Coneflower) from the Federal List of Endangered and 
     Threatened Plants'' (RIN1018-AW26) received in the Office of 
     the President of the Senate on September 12, 2011; to the 
     Committee on Environment and Public Works.
       EC-3184. A communication from the Acting Chair of the 
     Federal Subsistence Board, Fish and Wildlife Services, 
     Department of the Interior, transmitting, pursuant to law, 
     the report of a rule entitled ``Subsistence Management 
     Regulations for Public Lands in Alaska--Subpart B, Federal 
     Subsistence Board'' (RIN1018-AX52) received in the Office of 
     the President of the Senate on September 12, 2011; to the 
     Committee on Environment and Public Works.
       EC-3185. A communication from the Acting Chief of the 
     Foreign Species Branch, Fish and Wildlife Services, 
     Department of the Interior, transmitting, pursuant to law, 
     the report of a rule entitled ``Endangered and Threatened 
     Wildlife and Plants; Listing Six Foreign Birds as Endangered 
     Throughout Their Range'' (RIN1018-AW39) received in the 
     Office of the President of the Senate on September 12, 2011; 
     to the Committee on Environment and Public Works.
       EC-3186. A communication from the Wildlife Biologist, Fish 
     and Wildlife Services, Department of the Interior, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Migratory Bird Hunting; Migratory Bird Hunting Regulations 
     on Certain Federal Indian Reservations and Ceded Lands for 
     the 2011-12 Early Season'' (RIN1018-AX34) received in the 
     Office of the President of the Senate on September 12, 2011; 
     to the Committee on Environment and Public Works.
       EC-3187. A communication from the Wildlife Biologist, Fish 
     and Wildlife Services, Department of the Interior, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Migratory Bird Hunting; Early Seasons and Bag and 
     Possession Limits for Certain Migratory Game Birds in the 
     Contiguous United States, Alaska, Hawaii, Puerto Rico, and 
     the Virgin Islands'' (RIN1018-AX34) received in the Office of 
     the President of the Senate on September 12, 2011; to the 
     Committee on Environment and Public Works.
       EC-3188. A communication from the Wildlife Biologist, Fish 
     and Wildlife Services, Department of the Interior, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Migratory Bird Hunting; Final Frameworks for Early-Season 
     Migratory Bird Hunting Regulations'' (RIN1018-AX34) received 
     in the Office of the President of the Senate on September 12, 
     2011; to the Committee on Environment and Public Works.
       EC-3189. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; Ohio and 
     West Virginia; Determinations of Attainment of the 1997 
     Annual Fine Particulate Standard for Four Nonattainment 
     Areas'' (FRL No. 9463-1) received in the Office of the 
     President of the Senate on September 12, 2011; to the 
     Committee on Environment and Public Works.
       EC-3190. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; Texas; Revisions to 
     Permits by Rule and Regulations for Control of Air Pollution 
     by Permits for New Construction or Modification'' (FRL No. 
     9463-6) received in the Office of the President of the Senate 
     on September 12, 2011; to the Committee on Environment and 
     Public Works.
       EC-3191. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``National Priorities 
     List, Final Rule No. 52'' (FRL No. 9464-6) received in the 
     Office of the President of the Senate on September 12, 2011; 
     to the Committee on Environment and Public Works.
       EC-3192. A communication from the Director of Human 
     Resources, Office of Administration and Resources Management, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, a report relative to a vacancy in the position of 
     Assistant Administrator for Water, received in the Office of 
     the President of the Senate on September 8, 2011; to the 
     Committee on Environment and Public Works.
       EC-3193. A communication from the 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 ``Advisory 
     Committee; Change of Name and Function; Technical Amendment'' 
     (Docket No. FDA-2011-N-0002) received in the Office of the 
     President of the Senate on September 8, 2011; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-3194. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, the 
     Department's Fiscal Year 2008 Low Income Home Energy 
     Assistance Program (LIHEAP) Report; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-3195. A communication from the Inspector General, 
     Railroad Retirement Board, transmitting, pursuant to law, a 
     report relative to the Office of Inspector General's budget 
     request for the fiscal year 2013; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-3196. A communication from the Board Members, Railroad 
     Retirement Board, transmitting, pursuant to law, a report 
     relative to the Board's budget request for the fiscal year 
     2013; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-3197. 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 a manufacturing 
     license agreement to include the export of defense articles, 
     including, technical data, and defense services to Canada for 
     development, testing, and manufacture of the Improved Drive 
     System transmission system and parts thereof, for the AH-64D 
     Apache helicopter Block III upgrade for end-use by the U.S. 
     Army in the amount of $100,000,000 or more; to the Committee 
     on Foreign Relations.
       EC-3198. 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 a manufacturing 
     license agreement for the manufacture of significant military 
     equipment abroad involving the export of defense articles, 
     including technical data, and defense services to Mexico for 
     the pre-cast and post-cast finishing operations of military 
     aircraft, tank, and naval engine components to

[[Page S5534]]

     include engine hot-section blades for end use by United 
     States military engine manufacturers in the amount of 
     $29,500,000; to the Committee on Foreign Relations.
       EC-3199. A communication from the Director, Employee 
     Services, Office of Personnel Management, transmitting, 
     pursuant to law, the report of a rule entitled ``Prevailing 
     Rate Systems; Abolishment of Monmouth, New Jersey, as a 
     Nonappropriated Fund Federal Wage System Wage Area'' 
     (RIN3206-AM49) received in the Office of the President of the 
     Senate on September 8, 2011; to the Committee on Homeland 
     Security and Governmental Affairs.
       EC-3200. A communication from the Director, Employee 
     Services, Office of Personnel Management, transmitting, 
     pursuant to law, the report of a rule entitled ``Pay for 
     Sunday Work'' (RIN3206-AM08) received in the Office of the 
     President of the Senate on September 8, 2011; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-3201. A communication from the Director, Employee 
     Services, Office of Personnel Management, transmitting, 
     pursuant to law, the report of a rule entitled ``Personnel 
     Records'' (RIN3206-AM05) received in the Office of the 
     President of the Senate on September 8, 2011; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-3202. A communication from the Director, Retirement 
     Services, Office of Personnel Management, transmitting, 
     pursuant to law, the report of a rule entitled ``Federal 
     Employees' Retirement System; Present Value Conversion 
     Factors for Spouses of Deceased Separated Employees'' 
     (RIN3206-AM29) received in the Office of the President of the 
     Senate on September 8, 2011; to the Committee on Homeland 
     Security and Governmental Affairs.
       EC-3203. A communication from the Assistant Attorney 
     General, Office of Legislative Affairs, Department of 
     Justice, transmitting, pursuant to law, a report entitled 
     ``Uniformed Services Employment and Reemployment Rights Act 
     of 1994 (USERRA) Quarterly Report to Congress; Third Quarter 
     of Fiscal Year 2011''; to the Committee on Veterans' Affairs.
       EC-3204. A communication from the Program Analyst, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Federal Motor Vehicle Safety Standards; 
     Side Impact Protection'' (RIN2127-AK82) received in the 
     Office of the President of the Senate on September 9, 2011; 
     to the Committee on Commerce, Science, and Transportation.
       EC-3205. A communication from the Program Analyst, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Uniform Criteria for State Observational 
     Surveys of Seat Belt Use'' (RIN2127-AK41) received in the 
     Office of the President of the Senate on September 9, 2011; 
     to the Committee on Commerce, Science, and Transportation.
       EC-3206. A communication from the Program Analyst, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Federal Motor Vehicle Safety Standards: 
     Occupant Crash Protection'' (RIN2127-AK25) received in the 
     Office of the President of the Senate on September 9, 2011; 
     to the Committee on Commerce, Science, and Transportation.
       EC-3207. A communication from the Program Analyst, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Federal Motor Vehicle Safety Standards; 
     Lamps, Reflective Devices, and Associated Equipment'' 
     (RIN2127-AL00) received in the Office of the President of the 
     Senate on September 9, 2011; to the Committee on Commerce, 
     Science, and Transportation.
       EC-3208. A communication from the Assistant Chief Counsel 
     for General Law, Pipeline and Hazardous Materials Safety 
     Administration, Department of Transportation, transmitting, 
     pursuant to law, the report of a rule entitled ``Hazardous 
     Materials: Minor Editorial Corrections and Clarifications'' 
     (RIN2137-AE77) received in the Office of the President of the 
     Senate on September 9, 2011; to the Committee on Commerce, 
     Science, and Transportation.
       EC-3209. A communication from the Program Analyst, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Certification; Importation of Vehicles and 
     Equipment Subject to Federal Safety, Bumper, and Theft 
     Prevention Standards; Registered Importers of Vehicles Not 
     Originally Manufactured to Conform to the Federal Motor 
     Vehicle Safety Standards'' (RIN2127-AK32) received in the 
     Office of the President of the Senate on September 9, 2011; 
     to the Committee on Commerce, Science, and Transportation.
       EC-3210. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Atlantic Highly Migratory Species; Inseason Action To Close 
     the Commercial Non-Sandbar Large Coastal Shark Research 
     Fishery'' (RIN0648-XA580) received during recess of the 
     Senate in the Office of the President of the Senate on August 
     11, 2011; to the Committee on Commerce, Science, and 
     Transportation.
       EC-3211. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
     Fisheries; Northern Area Trophy Fishery'' (RIN0648-XA550) 
     received during recess of the Senate in the Office of the 
     President of the Senate on August 11, 2011; to the Committee 
     on Commerce, Science, and Transportation.
       EC-3212. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Northern Rockfish for Catcher/Processors Participating in the 
     Rockfish Limited Access Fishery in the Central Regulatory 
     Area of the Gulf of Alaska'' (RIN0648-XA594) received during 
     recess of the Senate in the Office of the President of the 
     Senate on August 11, 2011; to the Committee on Commerce, 
     Science, and Transportation.
       EC-3213. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pelagic Shelf Rockfish for Catcher/Processors Participating 
     in the Rockfish Limited Access Fishery in the Central 
     Regulatory Area of the Gulf of Alaska'' (RIN0648-XA588) 
     received during recess of the Senate in the Office of the 
     President of the Senate on August 11, 2011; to the Committee 
     on Commerce, Science, and Transportation.
       EC-3214. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pacific Ocean Perch in the Western Aleutian District of the 
     Bering Sea and Aleutian Islands Management Area'' (RIN0648-
     XA589) received in the Office of the President of the Senate 
     on September 6, 2011; to the Committee on Commerce, Science, 
     and Transportation.
       EC-3215. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pacific Ocean Perch for Catcher/Processors Participating in 
     the Rockfish Limited Access Fishery in the Central Regulatory 
     Area of the Gulf of Alaska'' (RIN0648-XA587) received in the 
     Office of the President of the Senate on September 6, 2011; 
     to the Committee on Commerce, Science, and Transportation.
       EC-3216. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pacific Cod for American Fisheries Act Catcher/Processors 
     Using Trawl Gear in the Bering Sea and Aleutian Islands 
     Management Area'' (RIN0648-XA616) received in the Office of 
     the President of the Senate on September 6, 2011; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3217. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pacific Ocean Perch for Catcher Vessels Participating in the 
     Rockfish Entry Level Trawl Fishery in the Central Regulatory 
     Area of the Gulf of Alaska'' (RIN0648-XA612) received in the 
     Office of the President of the Senate on September 6, 2011; 
     to the Committee on Commerce, Science, and Transportation.
       EC-3218. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Northern Rockfish in the Bering Sea and Aleutian Islands 
     Management Area'' (RIN0648-XA547) received in the Office of 
     the President of the Senate on September 6, 2011; to the 
     Committee on Commerce, Science, and Transportation.

                          ____________________