TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
        REGISTRAR'S NOTICE: The  Marine Resources Commission is claiming an exemption from the Administrative  Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;  however, the commission is required to publish the full text of final  regulations.
         Title of Regulation: 4VAC20-490. Pertaining to Sharks (amending 4VAC20-490-20, 4VAC20-490-41). 
    Statutory Authority: § 28.2-201 of the Code of Virginia.
    Effective Date: March 1, 2016. 
    Agency Contact: Jennifer Farmer, Regulatory Coordinator,  Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,  VA 23607, telephone (757) 247-2248 or email jennifer.farmer@mrc.virginia.gov.
    Summary:
    The amendments (i) establish the blacknose shark,  Carcharhinus acronotus, as a "commercially prohibited shark" and (ii)  beginning January 1 of any year, prohibit possession on board a vessel or  landing in Virginia more than a combined total of 36 commercially permitted aggregated  large coastal sharks and commercially permitted hammerhead sharks in a 24-hour  period, unless notice of any change has been posted on the Marine Resources  Commission website.
    4VAC20-490-20. Definitions.
    The following words and terms when used in this chapter shall  have the following meanings unless the context clearly indicates otherwise.
    "Agent" means any person who possesses the  Commercial Fisherman Registration License, fishing gear license, or fishing  permit of a registered commercial fisherman in order to fish that commercial  fisherman's gear or sell that commercial fisherman's harvest.
    "Carcass length" means that length measured in a  straight line from the anterior edge of the first dorsal fin to the posterior  end of the shark carcass.
    "COLREGS Line" means the COLREGS Demarcation Line,  as defined in the Code of Federal Regulations (33 CFR 80.510 Chesapeake Bay  Entrance, VA).
    "Commercial shark fisherman" means any commercial  fisherman permitted to land or possess sharks (excluding spiny dogfish) that has  landed and sold one pound of shark or more (excludes spiny dogfish) in that  calendar year (January 1 through December 31).
    "Commercially permitted aggregated large coastal  shark" means any of the following species:
    Blacktip, Carcharhinus limbatus
    Bull, Carcharhinus leucas
    Lemon, Negaprion brevirostris
    Nurse, Ginglymostoma cirratum
    Silky, Carcharhinus falciformis
    Spinner, Carcharhinus brevipinna 
    Tiger, Galeocerdo cuvier
    "Commercially permitted blacknose shark" means  any of the following species:
    Blacknose, Carcharhinus acronotus
    "Commercially permitted harmmerhead hammerhead  shark" means any of the following species:
    Great hammerhead, Sphyrna mokarran
    Scalloped hammerhead, Sphyrna lewini
    Smooth hammerhead, Sphyrna zygaena
    "Commercially permitted nonblacknose small coastal  shark" means any of the following species:
    Atlantic sharpnose, Rhizoprionodon terraenovae
    Bonnethead, Sphyrna tiburo
    Finetooth, Carcharhinus isodon
    "Commercially permitted pelagic shark" means any of  the following species:
    Blue, Prionace glauca
    Oceanic whitetip, Carcharhinus longimanus
    Porbeagle, Lamna nasus
    Shortfin mako, Isurus oxyrinchus
    Thresher, Alopias vulpinus
    "Commercially prohibited shark" means any of the  following species:
    Atlantic angel, Squatina dumeril
    Basking, Cetorhinus maximus
    Bigeye sand tiger, Odontaspis noronhai
    Bigeye sixgill, Hexanchus nakamurai
    Bigeye thresher, Alopias superciliosus
    Bignose, Carcharhinus altimus
    Blacknose, Carcharhinus acronotus
    Caribbean reef, Carcharhinus perezii
    Caribbean sharpnose, Rhizoprionodon porosus
    Dusky, Carcharhinus obscurus
    Galapagos, Carcharhinus galapagensis
    Longfin mako, Isurus paucus
    Narrowtooth, Carcharhinus brachyurus
    Night, Carcharhinus signatus
    Sand tiger, Carcharias taurus
    Sevengill, Heptranchias perlo
    Sixgill, Hexanchus griseus
    Smalltail, Carcharhinus porosus
    Whale, Rhincodon typus
    White, Carcharodon carcharias
    "Control rule" means a time-certain date, past,  present or future, used to establish participation in a limited entry fishery  and may or may not include specific past harvest amounts.
    "Dressed weight" means the result from processing a  fish by removal of head, viscera, and fins, but does not include removal of the  backbone, halving, quartering, or otherwise further reducing the carcass.
    "Finning" means removing the fins and returning the  remainder of the shark to the sea.
    "Fork length" means the straight-line measurement  of a fish from the tip of the snout to the fork of the tail. The measurement is  not made along the curve of the body.
    "Large mesh gill net" means any gill net with a  stretched mesh of greater than five inches.
    "Longline" means any fishing gear that is set  horizontally, either anchored, floating or attached to a vessel, and that  consists of a mainline or groundline, greater than 1,000 feet in length, with  multiple leaders (gangions) and hooks, whether retrieved by hand or mechanical  means.
    "Movable gill net" means any gill net other  than a staked gill net.
    "Permitted commercial gear" means rod and reel,  handlines, shark shortlines, small mesh gill nets, large mesh gill nets, pound  nets, and weirs.
    "Recreational shore angler" means a person not  neither fishing from a vessel nor transported to or from a fishing  location by a vessel.
    "Recreational vessel angler" means a person fishing  from a vessel or transported to or from a fishing location by a vessel.
    "Recreationally permitted shark" means any of the  following species: 
    Atlantic sharpnose, Rhizoprionodon terraenovae
    Blacknose, Carcharhinus acronotus
    Blacktip, Carcharhinus limbatus
    Blue, Prionace glauca
    Bonnethead, Sphyrna tiburo
    Bull, Carcharhinus leucas
    Finetooth, Carcharhinus isodon
    Great hammerhead, Sphyrna mokarran
    Lemon, Negaprion brevirostris
    Nurse, Ginglymostoma cirratum
    Oceanic whitetip, Carcharhinus longimanus
    Porbeagle, Lamna nasus
    Scalloped hammerhead, Sphyrna lewini
    Shortfin mako, Isurus oxyrinchus
    Smooth dogfish, Mustelus canis
    Smooth hammerhead, Sphyrna zygaena
    Spinner, Carcharhinus brevipinna 
    Thresher, Alopias vulpinus
    Tiger, Galeocerdo cuvier 
    "Recreationally prohibited shark" means any of the  following species:
    Atlantic angel, Squatina dumeril
    Basking, Cetorhinus maximus
    Bigeye sand tiger, Odontaspis noronhai
    Bigeye sixgill, Hexanchus nakamurai
    Bigeye thresher, Alopias superciliosus
    Bignose, Carcharhinus altimus
    Caribbean reef, Carcharhinus perezii
    Caribbean sharpnose, Rhizoprionodon porosus
    Dusky, Carcharhinus obscurus
    Galapagos, Carcharhinus galapagensis
    Longfin mako, Isurus paucus
    Narrowtooth, Carcharhinus brachyurus
    Night, Carcharhinus signatus
    Sand tiger, Carcharias taurus
    Sandbar, Carcharhinus plumbeus
    Sevengill, Heptranchias perlo
    Silky, Carcharhinus falciformis
    Sixgill, Hexanchus griseus
    Smalltail, Carcharhinus porosus
    Whale, Rhincodon typus
    White, Carcharodon carcharias
    "Research only shark" means any of the following  species:
    Sandbar, Carcharhinus plumbeus
    "Shark shortline" means a fish trotline that is set  horizontally, either anchored, floating or attached to a vessel, and that  consists of a mainline or groundline, 1,000 feet in length or less, with  multiple leaders (gangions) and no more than 50 corrodible circle hooks,  whether retrieved by hand or mechanical means.
    "Small mesh gill net" means any gill net with a  stretched mesh of equal to or less than five inches.
    "Smooth dogfish" means any shark of the species  Mustelus canis.
    "Spiny dogfish" means any shark of the species  Squalus acanthias.
    4VAC20-490-41. Commercial catch limitations. 
    A. It Beginning January 1 of any given year it  shall be unlawful for any person to possess on board a vessel or to land in  Virginia more than a combined total of 36 commercially permitted aggregated  large coastal sharks and commercially permitted hammerhead sharks in one  24-hour period, unless the Marine Resources Commission has posted notice of  any change to possession limits on its website at http://mrc.virginia.gov/Regulations/VA-commercial-shark-possession-limits.shtm.  The person who owns or operates the vessel is responsible for compliance with  the provisions of this subsection.
    B. It shall be unlawful for any person to fillet a shark  until that shark is offloaded at the dock or on shore, except smooth dogfish as  provided in subsection C of this section. A licensed commercial fisherman may  eviscerate and remove the head of any shark, but the tail and all fins of any  shark, except smooth dogfish as provided in subsection C of this section, shall  remain naturally attached to the carcass through landing. The fins of any  shark, except smooth dogfish, may be partially cut but some portion of the fin  shall remain attached, until the shark is landed.
    C. Virginia licensed commercial fishermen may completely  process smooth dogfish at sea prior to landing, except that it shall be  unlawful for anyone to land or possess on board any vessel any amount of  processed smooth dogfish whereby the total weight of fins exceeds 12% of the  total dressed weight of any smooth dogfish. 
    D. It shall be unlawful to possess, on board a vessel, or to  land in Virginia any species of shark, after the National Oceanic and  Atmospheric Administration (NOAA) Fisheries has closed the fishery  for that species in federal waters.
    E. There are no commercial trip limits or possession limits  for smooth dogfish or sharks on the lists of commercially permitted pelagic  species, or commercially permitted nonblacknose species, or  commercially permitted blacknose species. 
    F. Except as described in this section, it shall be unlawful  for any person to take, harvest, land, or possess in Virginia any blacktip, bull,  great hammerhead, lemon, nurse, scalloped hammerhead, silky, smooth hammerhead,  spinner, or tiger shark from May 15 through July 15. These sharks may be  transported by vessel, in Virginia waters, during the closed season provided  the sharks were caught in a legal manner consistent with federal regulations  outside Virginia waters and:
    1. The vessel does not engage in fishing in Virginia waters  while possessing the above species listed in this subsection; and  
    2. All fishing gear aboard the vessel is stowed and not  available for immediate use.
    G. It shall be unlawful for any person to retain, possess, or  purchase any commercially prohibited shark or any research only shark, except  as provided in subsection I of this section.
    H. All sharks harvested from state waters or federal waters,  for commercial purposes, shall only be sold to a federally permitted shark  dealer.
    I. The commissioner may grant exemptions from the seasonal  closure, quota, possession limit, size limit, gear restrictions, and prohibited  species restrictions. Exemptions shall be granted only for display or research  purposes. Any person granted an exemption for the harvest of any shark for  research or display shall report the species, weight, location caught, and gear  used for each shark collected within 30 days. Any person granted a permit to  possess any shark for research or display shall provide the commissioner on an  annual basis information on the location and status of the shark throughout the  life of the shark.
    VA.R. Doc. No. R16-4638; Filed February 24, 2016, 10:53 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
        REGISTRAR'S NOTICE: The  Marine Resources Commission is claiming an exemption from the Administrative  Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;  however, the commission is required to publish the full text of final  regulations.
         Title of Regulation: 4VAC20-620. Pertaining to Summer  Flounder (amending 4VAC20-620-40). 
    Statutory Authority: § 28.2-201 of the Code of Virginia.
    Effective Date: February 24, 2016. 
    Agency Contact: Jennifer Farmer, Regulatory Coordinator,  Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,  VA 23607, telephone (757) 247-2248 or email jennifer.farmer@mrc.virginia.gov.
    Summary: 
    The amendments modify the landing dates, landing periods,  possession limits, and landing limits for summer flounder commercially  harvested outside of Virginia waters and include (i) permitting the possession  of a North Carolina vessel possession limit of summer flounder but prohibiting  offloading any amount of that possession limit except pursuant to a transfer  quota agreed to by the Commissioner of the Marine Resources Commission, (ii)  changing the harvesting date of April 19 to May 7, (iii) increasing the 20-day  landing period to 30 days, and (iv) prohibiting landing more than a total of  5,000 pounds of summer flounder during the second 30-day period. 
    4VAC20-620-40. Commercial vessel possession and landing  limitations.
    A. It shall be unlawful for any person harvesting Summer  Flounder outside of Virginia's waters to do any of the following, except as  described in subsections B, C, D, and D E of this section:
    1. Possess aboard any vessel in Virginia waters any amount of  Summer Flounder in excess of 10% by weight of Atlantic croaker or the combined  landings, on board a vessel, of black sea bass, scup, squid, scallops and  Atlantic mackerel.
    2. Possess aboard any vessel in Virginia waters any amount of  Summer Flounder in excess of 1,500 pounds landed in combination with Atlantic  croaker.
    3. Fail to sell the vessel's entire harvest of all species at  the point of landing.
    B. Nothing in this chapter shall preclude a vessel from  possessing any North Carolina vessel possession limit of summer flounder in  Virginia; however, no vessel that possesses the North Carolina vessel  possession limit of summer flounder shall offload any amount of that possession  limit, except as described in subsection J of this section.
    B. C. From the second Wednesday in March  through April 19 May 7, it shall be unlawful for any person  harvesting Summer Flounder outside of Virginia waters to do any of the  following:
    1. Possess aboard any vessel in Virginia waters any amount of  Summer Flounder in excess of the combined total of the Virginia landing limit  described in subdivision subdivisions 3 and 4 of this  subsection and the amount of the legal North Carolina landing limit or trip  limit. 
    2. Land Summer Flounder in Virginia for commercial purposes  more than twice during each consecutive 20-day 30-day period,  with the first 20-day 30-day period beginning on the second  Wednesday in March. 
    3. Land in Virginia more than a total of 7,500 pounds  of Summer Flounder during each consecutive 20-day the first 30-day  period, with the first 20-day 30-day period beginning on the  second Wednesday in March.
    4. Land in Virginia more than a total of 5,000 pounds of  summer flounder during the second 30-day period with the second 30-day period  beginning on April 7.
    4. 5. Land in Virginia any amount of Summer  Flounder more than once in any consecutive five-day period. 
    C. D. From November 1 through December 31 of  each year, or until it has been projected and announced that 85% of the  allowable landings have been taken, it shall be unlawful for any person  harvesting Summer Flounder outside of Virginia waters to do any of the  following: 
    1. Possess aboard any vessel in Virginia waters any amount of  Summer Flounder in excess of the combined total of the Virginia landing limit  described in subdivisions 3 and 4 of this subsection and the amount of the  legal North Carolina landing limit or trip limit. 
    2. Land Summer Flounder in Virginia for commercial purposes  more than twice during each consecutive 30-day period, with the first 30-day  period beginning on November 1. 
    3. Land in Virginia more than a total of 10,000 pounds of  Summer Flounder during the first 30-day period, with the first 30-day period  beginning on November 1. 
    4. Land in Virginia more than a total of 5,000 pounds of  Summer Flounder during the second 30-day period with the second 30-day period  beginning on December 1. 
    5. Land in Virginia any amount of Summer Flounder more than  once in any consecutive five-day period.
    D. E. From January 1 through December 31 of  each year, any boat or vessel issued a valid federal Summer Flounder moratorium  permit and owned and operated by a legal Virginia Commercial Hook-and-Line  Licensee that possesses a Restricted Summer Flounder Endorsement shall be  restricted to a possession and landing limit of 200 pounds of Summer Flounder,  except as described in 4VAC20-620-30 F.
    E. F. Upon request by a marine police officer,  the seafood buyer or processor shall offload and accurately determine the total  weight of all Summer Flounder aboard any vessel landing Summer Flounder in  Virginia.
    F. G. Any possession limit described in this  section shall be determined by the weight in pounds of Summer Flounder as  customarily packed, boxed and weighed by the seafood buyer or processor. The  weight of any Summer Flounder in pounds found in excess of any possession limit  described in this section shall be prima facie evidence of violation of this  chapter. Persons in possession of Summer Flounder aboard any vessel in excess  of the possession limit shall be in violation of this chapter unless that  vessel has requested and been granted safe harbor. Any buyer or processor  offloading or accepting any quantity of Summer Flounder from any vessel in  excess of the possession limit shall be in violation of this chapter, except as  described by subsection I J of this section. A buyer or processor  may accept or buy Summer Flounder from a vessel that has secured safe harbor,  provided that vessel has satisfied the requirements described in subsection I  J of this section. 
    G. H. If a person violates the possession  limits described in this section, the entire amount of Summer Flounder in that  person's possession shall be confiscated. Any confiscated Summer Flounder shall  be considered as a removal from the appropriate commercial harvest or landings  quota. Upon confiscation, the marine police officer shall inventory the  confiscated Summer Flounder and, at a minimum, secure two bids for purchase of  the confiscated Summer Flounder from approved and licensed seafood buyers. The  confiscated fish will be sold to the highest bidder and all funds derived from  such sale shall be deposited for the Commonwealth pending court resolution of  the charge of violating the possession limits established by this chapter. All  of the collected funds will be returned to the accused upon a finding of  innocence or forfeited to the Commonwealth upon a finding of guilty. 
    H. I. It shall be unlawful for a licensed  seafood buyer or federally permitted seafood buyer to fail to contact the  Marine Resources Commission Operation Station prior to a vessel offloading  Summer Flounder harvested outside of Virginia. The buyer shall provide to the  Marine Resources Commission the name of the vessel, its captain, an estimate of  the amount in pounds of Summer Flounder on board that vessel, and the  anticipated or approximate offloading time. Once offloading of any vessel is  complete and the weight of the landed Summer Flounder has been determined, the  buyer shall contact the Marine Resources Commission Operations Station and  report the vessel name and corresponding weight of Summer Flounder landed. It  shall be unlawful for any person to offload from a boat or vessel for  commercial purposes any Summer Flounder during the period of 9 p.m. to 7 a.m. 
    I. J. Any boat or vessel that has entered  Virginia waters for safe harbor shall only offload Summer Flounder when the  state that licenses that vessel requests to transfer quota to Virginia, in the  amount that corresponds to that vessel's possession limit, and the commissioner  agrees to accept that transfer of quota. 
    J. K. After any commercial harvest or landing  quota as described in 4VAC20-620-30 has been attained and announced as such,  any boat or vessel possessing Summer Flounder on board may enter Virginia  waters for safe harbor but shall contact the Marine Resources Commission  Operation Center in advance of such entry into Virginia waters. 
    K. L. It shall be unlawful for any person  harvesting Summer Flounder outside of Virginia waters to possess aboard any  vessel, in Virginia, any amount of Summer Flounder, once it has been projected  and announced that 100% of the quota described in 4VAC20-620-30 A has been  taken.
    VA.R. Doc. No. R16-4627; Filed February 24, 2016, 10:44 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Emergency Regulation
    Title of Regulation: 4VAC20-720. Pertaining to  Restrictions on Oyster Harvest (amending 4VAC20-720-80). 
    Statutory Authority: §§ 28.2-201 and 28.2-210 of the  Code of Virginia.
    Effective Dates: February 23, 2016, through March 22,  2016.
    Agency Contact: Jennifer Farmer, Regulatory Coordinator,  Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,  VA 23607, telephone (757) 247-2248 or email jennifer.farmer@mrc.virginia.gov.
    Preamble:
    The emergency amendment allows payment of the oyster  resource user fee only by those harvesters who have previously paid an oyster  resource user fee.
    4VAC20-720-80. Quotas and harvest limits.
    A. It shall be unlawful for any person who does not possess a  valid commercial fisherman's registration license and a valid gear license  required by harvest area, as described in 4VAC20-720-75, and has not paid the  current year's oyster resource user fee to harvest or possess any oysters for  commercial purposes. Any individual who possesses the valid licenses and has  paid the oyster resource user fee as described in this subsection shall be  limited to a maximum harvest of eight bushels per day. It shall be unlawful for  any vessel to exceed a daily vessel limit of 24 bushels clean cull oysters  harvested from the areas described in 4VAC20-720-40 B 8 through 16.
    B. It shall be unlawful for any person who does not possess a  valid commercial fisherman's registration license and a valid gear license  required by harvest area, as described in 4VAC20-720-75, and has not paid the  current year's oyster resource user fee to harvest or possess any oysters for  commercial purposes. Any individual who possesses the valid licenses and has  paid the oyster resource user fee as described in this subsection shall be  limited to a maximum harvest of eight bushels per day. It shall be unlawful for  any vessel to exceed a daily vessel limit for clean cull oysters harvested from  the areas described in 4VAC20-720-40 B 2 through 7 and 17, whereby that vessel  limit shall equal the number of registered commercial fisherman licensees on  board the vessel who hold a valid gear license and who have paid the oyster  resource user fee multiplied by eight.
    C. It shall be unlawful for any vessel to exceed a daily  vessel limit for clean cull oysters harvested from the areas described in  4VAC20-720-40 B 1, whereby that vessel limit shall equal the number of  registered commercial fisherman licensees on board the vessel who hold a valid  gear license and who have paid the oyster resource user fee multiplied by 12.  It shall be unlawful for any person who does not possess a valid commercial  fisherman's registration license and hold a valid gear license required by  harvest area, as described in 4VAC20-720-75, and has not paid the current  year's oyster resource user fee to harvest or possess any oysters for  commercial purposes. Any individual who possesses the valid licenses and has  paid the oyster resource user fee as described in this subsection shall be  limited to a maximum harvest of 12 bushels per day.
    D. It shall be unlawful for any vessel to exceed a daily  vessel limit for clean cull oysters harvested from the areas described in  4VAC20-720-40 B 18, whereby that vessel limit shall equal the number of  registered commercial fisherman licensees on board the vessel who are licensed  by a valid gear license and have paid the oyster resource user fee, multiplied  by eight. It shall be unlawful for any person who does not possess a valid  commercial fisherman's registration license and a valid gear license required  by harvest area, as described in 4VAC20-720-75, and has not paid the current  year's oyster resource user fee to harvest or possess any oysters for  commercial purposes. Any individual who possesses the valid licenses and has  paid the oyster resource user fee, as described in this subsection, shall be  limited to a maximum harvest of eight bushels per day.
    E. Beginning February 23, 2016, payment of the oyster  resource user fee that allows any harvester to use one or more gear types to  harvest oysters or possess any bushel limit, as described in this section,  shall be limited to those individuals who previously paid an oyster resource  user fee.
    E. F. In the Pocomoke and Tangier Sounds  Rotation Area 1, no blue crab bycatch is allowed. It shall be unlawful to  possess on board any vessel more than 250 hard clams.
    VA.R. Doc. No. R16-4641; Filed February 23, 2016, 4:53 p.m. 
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Forms
        REGISTRAR'S NOTICE:  Forms used in administering the following regulation have been filed by the  Virginia Waste Management Board. The forms are not being published; however,  online users of this issue of the Virginia Register of Regulations may click on  the name of a form to access it. The forms are also available from the agency  contact or may be viewed at the Office of the Registrar of Regulations, General  Assembly Building, 2nd Floor, Richmond, Virginia 23219. 
         Title of Regulation: 9VAC20-150. Waste Tire End User  Reimbursement Regulation.
    Contact Information: Debra Harris, Policy and Planning  Specialist, Department of Environmental Quality, 629 East Main Street,  Richmond, VA 23219, telephone (804) 698-4209, or email debra.harris@deq.virginia.gov.
    FORMS (9VAC20-150) 
    Waste Tire Program Waste Tire Pile Certification, DEQ-  CERT (rev. 12/97). 
    Waste Tire Program End User Reimbursement Application,  DEQ-EURR (rev. 8/97). 
    Waste  Tire Pile Certification, DEQ-CERT, No. 154 (rev. 3/2010)
    End  User Reimbursement Application, DEQ-EURR (rev. 12/2015)
    VA.R. Doc. No. R16-4637; Filed February 19, 2016, 12:19 p.m. 
TITLE 14. INSURANCE
STATE CORPORATION COMMISSION
Proposed Regulation
        REGISTRAR'S NOTICE: The  State Corporation Commission is claiming an exemption from the Administrative  Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia,  which exempts courts, any agency of the Supreme Court, and any agency that by  the Constitution is expressly granted any of the powers of a court of record.
         Title of Regulation: 14VAC5-10. Accident Airtrip  Insurance (repealing 14VAC5-10-10). 
    Statutory Authority: §§ 12.1-13 and 38.2-223 of the Code  of Virginia.
    Public Hearing Information: A public hearing will be  held upon request.
    Public Comment Deadline: April 15, 2016.
    Agency Contact: Katie Johnson, Policy Advisor, Policy  and Compliance Division, Bureau of Insurance, State Corporation Commission,  P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9688, FAX (804)  371-9873, or email katie.johnson@scc.virginia.gov.
    Summary:
    This action repeals 14VAC5-10, which is unnecessary because  the use of mechanical vending machines in public airports for the solicitation  of applications for and the issuance of accident airtrip insurance policies is  obsolete.
    AT RICHMOND, MARCH 1, 2016
    COMMONWEALTH OF VIRGINIA, ex rel.
    CASE NO. INS-2016-00045
    STATE CORPORATION COMMISSION
    Ex Parte: In the matter of Repealing the 
    Rules Governing Accident Airtrip Insurance
    ORDER TO TAKE NOTICE
    Section 12.1-13 of the Code of Virginia ("Code")  provides that the State Corporation Commission ("Commission") shall  have the power to promulgate rules and regulations in the enforcement and  administration of all laws within its jurisdiction, and § 38.2-223 of the Code  provides that the Commission may issue any rules and regulations necessary or  appropriate for the administration and enforcement of Title 38.2 of the Code.
    The rules and regulations issued by the Commission pursuant  to § 38.2-223 of the Code are set forth in Title 14 of the Virginia  Administrative Code. A copy may also be found at the Commission's website:  http://www.scc.virginia.gov/case.
    The Bureau of Insurance ("Bureau") has submitted to  the Commission a proposal to repeal the rules set forth in Chapter 10 of Title  14 of the Virginia Administrative Code, entitled "Accident Airtrip  Insurance," 14 VAC 5-10-10 ("Rules").
    The Virginia General Assembly enacted § 38.2-1807 of the  Code in 1958. This Code section allows insurers that are qualified to transact  business in the Commonwealth of Virginia and to write accident airtrip  insurance to solicit applications for and issue accident airtrip insurance  policies by means of mechanical vending machines in public airports. In  addition, this Code section requires that such mechanical vending machines be  under the supervision of an appointed agent and that the insurer comply with  all requirements prescribed by the Commission for the conduct of this business.  Chapter 10 was promulgated as a result. The repeal of Chapter 10 is  necessary because the use of mechanical vending machines in public airports for  the solicitation of applications for and the issuance of accident airtrip  insurance policies is now obsolete. 
    NOW THE COMMISSION is of the opinion that Chapter 10 of Title  14 of the Virginia Administrative Code should be considered for repeal.
    Accordingly, IT IS ORDERED THAT:
    (1) The proposal that Chapter 10 of Title 14 of the Virginia  Administrative Code be repealed, is attached hereto and made a part hereof.
    (2) All interested persons who desire to comment in support  of or in opposition to, or request a hearing to oppose repealing Chapter 10 of  Title 14 of the Virginia Administrative Code, shall file such comments or  hearing request on or before April 15, 2016, with Joel H. Peck, Clerk, State  Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond,  Virginia 23218. Interested persons desiring to submit comments electronically  may do so by following the instructions at the Commission's website:  http://www.scc.virginia.gov/case. All comments shall refer to Case No.  INS-2016-00045.
    (3) If no written request for a hearing on the proposal to  repeal Chapter 10 of Title 14 of the Virginia Administrative Code is received  on or before April 15, 2016, the Commission, upon consideration of any comments  submitted in support of or in opposition to the proposal, may repeal the Rules.
    (4) AN ATTESTED COPY hereof, together with a copy of the  proposal to repeal the Rules, shall be sent by the Clerk of the Commission to  the Bureau in care of Deputy Commissioner Althelia P. Battle, who forthwith  shall give further notice of the proposal to repeal the Rules by mailing a copy  of this Order, together with the proposal, to all insurers qualified to  transact business in the Commonwealth and to write accident airtrip insurance,  as well as to all interested persons.
    (5) The Commission's Division of Information Resources  forthwith shall cause a copy of this Order, together with the proposal to  repeal the Rules, to be forwarded to the Virginia Registrar of Regulations for  appropriate publication in the Virginia Register of Regulations.
    (6) The Commission's Division of Information Resources shall  make available this Order and the attached proposal to repeal the Rules on the  Commission's website: http://www.scc.virginia.gov/case.
    (7) The Bureau shall file with the Clerk of the Commission an  affidavit of compliance with the notice requirements of Ordering Paragraph (4)  above.
    VA.R. Doc. No. R16-4639; Filed March 2, 2016, 11:13 a.m.