NOTICES OF INTENDED REGULATORY ACTION
Vol. 25 Iss. 20 - June 08, 2009

TITLE 2. AGRICULTURE
Health Requirements Governing the Admission of Livestock, Poultry, Companion Animals, and other Animals or Birds into Virginia
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider amending the following regulations: 2VAC5-140, Health Requirements Governing the Admission of Livestock, Poultry, Companion Animals, and Other Animals or Birds into Virginia. The purpose of the proposed action is to establish the requirements for testing and documentation of livestock and certain other animals to be allowed to come into Virginia. The existing regulation will be reviewed and updated where appropriate to require the use of appropriate testing methods for those animals entering Virginia permanently and for exhibition. The regulation currently requires that animals coming into Virginia shall be accompanied by a certificate of veterinary inspection to create a record to document the origin, destination, test results, and relevant vaccinations of animals coming into Virginia from other states. The information required on the certificates of veterinary inspection will be reviewed for compatibility with current epidemiology practices and record management systems. The regulations will also be reviewed for continuing need and effectiveness.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 3.2-6001, 3.2-6002, and 3.2-6004 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Richard D. Saunders, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 692-0601, FAX (804) 371-2380, or email doug.saunders@vdacs.virginia.gov.

VA.R. Doc. No. R09-1891; Filed May 12, 2009, 12:37 p.m.
TITLE 2. AGRICULTURE
Regulations for the Enforcement of the Endangered Plant and Insect Species Act
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider amending the following regulations: 2VAC5-320, Regulations for the Enforcement of the Endangered Plant and Insect Species Act. The purpose of the proposed action is to amend the lists of endangered and threatened plant and insect species by (i) removing from the regulation a plant species that is no longer globally rare, (ii) transferring certain plant species from the endangered list to the threatened list to reflect the improved status of those species, and (iii) adding to the endangered and threatened lists certain plant and insect species that are considered in danger of extinction, or which are likely to become endangered in the foreseeable future throughout all or a significant portion of their native range. This action reflects the imperiled status of the various species and it seeks to protect them from take and destruction. It will also stimulate conservation programs to preserve and protect the affected species.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 3.2-1002 and 3.2-1005 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Frank Fulgham, Program Manager, Department of Agriculture and Consumer Services, P. O. Box 1163, Richmond, VA 23218, telephone (804) 786-0440, FAX (804) 371-7793, TTY (800) 828-1120, or email frank.fulgham@vdacs.virginia.gov.

VA.R. Doc. No. R09-1869; Filed May 12, 2009, 12:31 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
Virginia State Forest Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Forestry intends to consider amending the following regulations: 4VAC10-30, Virginia State Forest Regulations. The purpose of the proposed action is to allow the lawful carrying of concealed handguns with a concealed handgun permit. Once the State Forest regulations are successfully amended, the requirements for carrying handguns on State Forests will be similar to those governing handguns on State Parks.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1101 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Ronald S. Jenkins, Administrative Officer, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or email ron.jenkins@dof.virginia.gov.

VA.R. Doc. No. R09-1822; Filed May 11, 2009, 3:55 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Corrections intends to consider amending the following regulations: 6VAC15-80, Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities. The purpose of the proposed action is to establish requirements for planning, design and construction of local and regional correctional facilities, as well as reimbursement guidelines. Revised regulations will provide for easier comprehension by those localities directly affected. The standards include, but are not limited to design requirements for secure local correctional facilities, community custody facilities and lockups, submission schedules for reviews, reimbursement requests, requirements for submission of Community-Based Corrections Plans and planning study, methods of reimbursement, and project documentation.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 53.1-5 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Brooks Ballard, Architectural & Engineering Services, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 674-3102, FAX (804) 674-3529, or email brooks.ballard@vadoc.virginia.gov.

VA.R. Doc. No. R09-1823; Filed May 18, 2009, 1:31 p.m.
TITLE 9. ENVIRONMENT
Coal Combustion Byproduct Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Waste Management Board intends to consider amending the following regulations: 9VAC20-85, Coal Combustion Byproduct Regulations. The purpose of the proposed action is to provide for the use, reuse and reclamation of coal combustion byproducts (CCB). Administrative procedures are provided for the submission of appropriate documentation for the use of CCB. In addition, the regulation establishes appropriate standards for siting, design, construction, operation, and closure of projects using CCB. During the development of amendment 7 to the Virginia Solid Waste Management Regulations (VSWMR), the Amendment 7 Technical Advisory Committee (TAC) discussed (i) incorporating the Coal Combustion Byproducts Regulation into the VSWMR and (ii) areas of the Coal Combustion Byproducts Regulations that should be reviewed. As a result of those discussions, 7 TAC recommended that the Coal Combustion Byproducts Regulation remain separate from the VSWMR and that any necessary revisions to the program should be undertaken in a separate rulemaking. The CCB regulations will be updated to incorporate changes to statute enacted by the 2009 General Assembly. These statutory changes address the placement of CCB in an area located within a 100-year floodplain. This amendment will also consider including additional restrictions on the use and placement of CCB.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941; and 40 CFR Part 257.

Public Comments: Public comments may be submitted until 5 p.m. on July 10, 2009.

Agency Contact: Melissa S. Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email msporterfield@deq.virginia.gov.

VA.R. Doc. No. R09-1912; Filed May 12, 2009, 9:33 a.m.
TITLE 12. HEALTH
Waivered Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending the following regulations: 12VAC30-120, Waivered Services. The purpose of the proposed action is to update the Alzheimer's Assisted Living Waiver program to create greater capacity for provider enrollment.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-325 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Steve Ankiel, Long Term Care Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 317-8894, FAX (804) 371-4986, or email steve.ankiel@dmas.virginia.gov.

VA.R. Doc. No. R09-1909; Filed May 13, 2009, 1:40 p.m.
TITLE 13. HOUSING
Virginia Certification Standards
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Housing and Community Development intends to consider amending the following regulations: 13VAC5-21, Virginia Certification Standards. The purpose of the proposed action is to update the regulation to coordinate with the building and fire regulations of the department, which are being updated to reference the newest available nationally recognized model codes and standards.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 36-137 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Steve Calhoun, Regulatory Coordinator, Department of Housing and Community Development, 501 North Second Street, Richmond, VA 23219, telephone (804) 371-7015, FAX (804) 371-7090, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R09-1897; Filed May 12, 2009, 9:43 a.m.
TITLE 13. HOUSING
Virginia Amusement Device Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Housing and Community Development intends to consider amending the following regulations: 13VAC5-31, Virginia Amusement Device Regulations. The purpose of the proposed action is to update the regulation to incorporate by reference the newest available nationally recognized codes and standards.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 36-98.3 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, The Jackson Center, 501 N. 2nd St., Richmond, VA 23219-1321, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R09-1892; Filed May 12, 2009, 9:44 a.m.
TITLE 13. HOUSING
Virginia Statewide Fire Prevention Code
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Housing and Community Development intends to consider amending the following regulations: 13VAC5-51, Virginia Statewide Fire Prevention Code. The purpose of the proposed action is to update the regulation to incorporate by reference the newest available nationally recognized codes and standards.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 27-97 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, The Jackson Center, 501 North 2nd Street, Richmond, VA 23219-1321, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R09-1893; Filed May 12, 2009, 9:44 a.m.
TITLE 13. HOUSING
Virginia Uniform Statewide Building Code
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Housing and Community Development intends to consider amending the following regulations: 13VAC5-63, Virginia Uniform Statewide Building Code. The purpose of the proposed action is to update the regulation to incorporate by reference the newest available nationally recognized model building codes and standards produced by the International Code Council.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 36-98 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, The Jackson Center, 501 North 2nd Street, Richmond, VA 23219-1321, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R09-1894; Filed May 12, 2009, 9:45 a.m.
TITLE 13. HOUSING
Virginia Industrialized Building Safety Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Housing and Community Development intends to consider amending the following regulations: 13VAC5-91, Virginia Industrialized Building Safety Regulations. The purpose of the proposed action is to update the regulation to incorporate by reference the newest available nationally recognized model building codes and standards produced by ICC.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 36-73 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, The Jackson Center, 501 North 2nd Street, Richmond, VA 23219-1321, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R09-1895; Filed May 12, 2009, 9:46 a.m.
TITLE 13. HOUSING
Virginia Manufactured Home Safety Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Housing and Community Development intends to consider amending the following regulations: 13VAC5-95, Virginia Manufactured Home Safety Regulations. The purpose of the proposed action is to update the Manufactured Housing Safety Regulations to incorporate by reference the recent changes and additions to the federal construction standards of the U.S. Department of Housing and Urban Development.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 36-85.7 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, The Jackson Center, 501 North 2nd Street, Richmond, VA 23219-1321, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R09-1896; Filed May 12, 2009, 9:45 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Board of Accountancy Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Accountancy intends to consider amending the following regulations: 18VAC5-21, Board of Accountancy Regulations. The purpose of the proposed action is to reduce the number of educational hours needed before an individual can sit for the the uniform certified public accountant examination.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-4402 and 54.1-4403 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Mike D. Roger, Acting Executive Director, Board of Accountancy, 9960 Mayland Drive, Perimeter Center, Suite 402, Richmond, VA 23233, telephone (804) 367-0290, FAX (804) 527-4409, or email mike.rogers@boa.virginia.gov.

VA.R. Doc. No. R09-1099; Filed May 14, 2009, 3:37 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Physical Therapy
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Physical Therapy intends to consider amending the following regulations: 18VAC112-20, Regulations Governing the Practice of Physical Therapy. The purpose of the proposed action is to amend the regulation to provide more flexibility and accountability in traineeships and provide more opportunities for obtaining continuing education hours.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Lisa R. Hahn, Executive Director, Board of Physical Therapy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4424, FAX (804) 527-4413, or email lisa.hahn@dhp.virginia.gov.

VA.R. Doc. No. R09-1926; Filed May 11, 2009, 2:17 p.m.
TITLE 22. SOCIAL SERVICES
Additional Daily Supervision Rate Structure
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider promulgating the following regulations: 22VAC40-221, Additional Daily Supervision Rate Structure. The purpose of the proposed action is to establish a requirement for the use of an approved Department of Social Services process to assess a child for the purpose of determining the additional daily supervision component of the foster care maintenance payment. It will also establish standards for local departments of social services to use when providing additional daily supervision. This regulation is needed to ensure that Virginia meets federal requirements for seeking federal reimbursement by having a statewide rate structure for local departments to use in determining the additional daily supervision component of the foster care maintenance payment. Standards for providing additional daily supervision are needed to ensure a comprehensive approach and consistency statewide.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 63.2-217 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Phyl Parrish, Program Manager, Policy and Legislation, Department of Social Services, Division of Family Services, 7 North Eighth Street, Richmond, VA 23219, telephone (804) 726-7926, FAX (804) 726-7985, TTY (800) 828-1849, or email phyl.parrish@dss.virginia.gov.

VA.R. Doc. No. R09-1868; Filed May 20, 2009, 10:34 a.m.
TITLE 22. SOCIAL SERVICES
Food Stamp Program
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending the following regulations: 22VAC40-601, Food Stamp Program. The purpose of the proposed action is to change all references to the Food Stamp Program to the Supplemental Nutrition Assistance Program (SNAP) and food stamp benefits to SNAP benefits. The U.S. Congress enacted legislation to rename the program and adoption of the name lessens potential confusion. 22VAC40-601-50 amends the regulation to address handling pending applications for the Food Stamp Program. Federal regulations allow states an option to either deny applications after 30 days if the local department of social services is unable to process the application, or to hold the application, as pending for an additional 30-day period. The State Board of Social Services would like to adopt the provision to deny an application after 30 days instead of holding it as pending for an additional 30-day period before disposing of it. This process would require reopening denied applications if an applicant subsequently supplied needed information to determine eligibility and benefit level after the 30th day but before the 60th day following the application date. 22VAC40-601-60 amends the regulation to allow an extension of food stamp transitional benefits to state-funded public assistance programs. Transitional benefits are currently limited to Temporary Assistance for Needy Families (TANF) cases. This amendment would allow transitional food stamp benefits when state-funded programs close.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 63.2-217 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Celestine Jackson, Program Consultant, Department of Social Services, Division of Benefit Programs, 7 North 8th Street, Richmond, VA 23219, telephone (804) 726-7376, FAX (804) 726-7356, TTY (800) 828-1120, or email celestine.jackson@dss.virginia.gov.

VA.R. Doc. No. R09-1977; Filed May 13, 2009, 3:32 p.m.