GENERAL NOTICES/ERRATA
Vol. 28 Iss. 3 - October 10, 2011

GENERAL NOTICES/ERRATA

BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS, AND LANDSCAPE ARCHITECTS

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects is conducting a periodic review of 18VAC10-11, Public Participation Guidelines, and 18VAC10-20, Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects Regulations. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form.

Public comment is sought on the review of any issue relating to the regulations, including whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Kate Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email apelscidla@dpor.virginia.gov. Comments must include the commenter's name and address information (physical or email) in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

AUCTIONEERS BOARD

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Auctioneers Board is conducting a periodic review of 18VAC25-11, Public Participation Guidelines, and 18VAC25-21, Regulations of the Virginia Auctioneers Board. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form.

Public comment is sought on the review of any issue relating to the regulations, including whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Kate Nosbisch, Executive Director, Auctioneers Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email auctioneers@dpor.virginia.gov. Comments must include the commenter's name and address information (physical or email) in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

BOARD FOR BARBERS AND COSMETOLOGY

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Barbers and Cosmetology is currently reviewing each of the regulations listed below to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

Each regulation will be reviewed to determine whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

18VAC41-11, Public Participation Guidelines

18VAC41-20, Barbering and Cosmetology Regulations

18VAC41-30, Hair Braiding Regulations

18VAC41-40, Wax Technician Regulations

18VAC41-50, Tattooing Regulations

18VAC41-60, Body-Piercing Regulations

18VAC41-70, Esthetics Regulations

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to William H. Ferguson, III, Executive Director, Board for Barbers and Cosmetology, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (804) 527-4295, or email barbercosmo@dpor.virginia.gov. Comments must include the commenter's name and address information (physical or email) in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

BOARD FOR BRANCH PILOTS

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Branch Pilots is conducting a periodic review of 18VAC45-11, Public Participation Guidelines, and 18VAC45-20, Board for Branch Pilots Regulations. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form.

Public comment is sought on the review of any issue relating to the regulations, including whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Kate Nosbisch, Executive Director, Board for Branch Pilots, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email branchpilots@dpor.virginia.gov. Comments must include the commenter's name and address information (physical or email) in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Special Order for Brambleton Group, L.L.C.

An enforcement action has been proposed for the Brambleton Group, LLC for alleged violations in Loudoun County associated with the Brambleton - Phase II site. The consent order describes a settlement to resolve unpermitted impacts taken to surface waters associated with the construction activities conducted on site. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 11, 2011, through November 10, 2011.

Proposed Consent Order for The Madeira School, Inc.

An enforcement action has been proposed for The Madeira School, Inc. for alleged violations in McLean at The Madeira School Waste Water Treatment Plant. The amended consent order describes a settlement to resolve permit effluent violations at The Madeira School Waste Water Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 11, 2011, through November 10, 2011.

TMDL Modification of James River and Tributaries – Hopewell to Westover in Chesterfield, Charles City, Prince George, and Hopewell, Virginia

The Department of Environmental Quality (DEQ) seeks public comment from interested persons on proposed minor modifications of the total maximum daily loads (TMDLs) developed for impaired segments: Powell Creek (G03R-05-BAC) and James River (tidal) (G03E-04-BAC).

A TMDL of E. coli was developed to address the bacterial impairments in the James River and Tributaries - Hopewell to Westover in Chesterfield, Charles City, Prince George, and Hopewell, Virginia. This TMDL was approved by the Environmental Protection Agency on July 10, 2008. A modification (to remove an unnecessary WLA and add to future growth in James River segment) was approved on July 7, 2009. The report and previous modification are available by searching the approved TMDL reports page at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx. DEQ seeks written comments from interested persons on 10 minor modifications. 

Two modifications are proposed for the Powell Creek TMDL.  The first is to add a domestic discharger (VAG404083), which is a single family home facility with a design flow of 0.001 million gallons per day (MGD). Facility VAG404083 discharges to an un-named tributary (UT) of Walls Run, which drains to Powells Creek and the tidal James River. Based on the design flow at the standard, this permit should have a waste load allocation (WLA) of 1.75E+09 colony forming units per year (cfu/yr) for E. coli in the Powell Creek TMDL. The second modification is to remove domestic discharger VAG404131 which is a single family home facility with a WLA of 1.75E+09 (cfu/yr) E. coli which is no longer in operation. The addition of one discharger and subtraction of another will equal a net change of 0% of the Powell Creek TMDL.

Eight modifications are proposed for the James River (tidal) TMDL. First, DEQ proposes to add a new WLA for existing facility Smurfit Stone Container Corporation (VA0004642), which is an industrial facility with a maximum discharge of 0.288 MGD (outfall 2). The WLA to be assigned to this facility based on the design flow at the standard is equal to 5.01E+11 (cfu/yr) E. coli. DEQ will allocate this WLA by subtracting from the "Future Growth" load of James River (tidal). For modifications 2-6, DEQ proposes to add five new WLAs for domestic dischargers VAG404083 (UT Walls Run), VAG404132 (Parish Hill Creek), VAG404199 (James River), VAG404270 (UT James River), and VAG404271 (UT James River), which are single family home facilities, each with a design flow each of 0.001 million gallons per day (MGD). The WLA to be assigned to each facility based on design flow at the standard is equal to 1.75E+09 (cfu/yr) E. coli. For modifications 7 and 8, DEQ proposes to remove the WLA assigned to two single family home permits, VAG404131 and VAG404215, which are no longer in operation. Their respective WLAs of 1.75E+09 (cfu/yr) E. coli (each) will be added to "Future Growth" load. The combined revised "Future Growth" load in the James River (tidal) TMDL as a result of these modifications will be equal to 7.66E+14 (cfu/yr) E. coli. The proposed modifications for the James River (tidal) TMDL are equal to 0.005% of the TMDL.

The proposed WLA changes above will neither cause nor contribute to the nonattainment of the James River basin. The public comment period for these modifications will end on November 10, 2011. Please send comments to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, or by email at margaret.smigo@deq.virginia.gov or fax (Attn. Margaret Smigo) at (804) 527-5106. Following the comment period, a modification letter and any comments received will be sent to EPA for approval final approval. Please contact Margaret Smigo at (804) 527-5124 with any questions.

DEPARTMENT OF FORESTRY

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Forestry is conducting a periodic review of 4VAC10-30, Virginia State Forests Regulations. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.

Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins October 24, 2011, and ends on November 24, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Ron Jenkins, Assistant State Forester, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903, telephone (434) 220-9022, FAX (434) 977-7749, or email ron.jenkins@dof.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Forestry is conducting a periodic review of 4VAC10-40, Virginia Reforestation of Timberlands Regulations. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.

Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins October 10, 2011, and ends on November 10, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Ron Jenkins, Assistant State Forester, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903, telephone (434) 220-9022, FAX (434) 977-7749, or email ron.jenkins@dof.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

BOARD FOR HEARING AID SPECIALISTS

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Hearing Aid Specialists is conducting a periodic review of 18VAC80-11, Public Participation Guidelines, and 18VAC80-20, Board for Hearing Aid Specialists Regulations. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form.

Public comment is sought on the review of any issue relating to the regulations, including whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to William H. Ferguson, II, Executive Director, Board for Hearing Aid Specialists, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (804) 527-4295, or email hearingaidspec@dpor.virginia.gov. Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on September 13, 2011. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Eighty-Three (11)

Virginia's Instant Game Lottery 1290; "Casino Royale" Final Rules for Game Operation (effective on September 9, 2011)

Director's Order Number Eighty-Four (11)

Virginia's Instant Game Lottery 1296; "Plants vs. ZombiesTM" Final Rules for Game Operation (effective on September 9, 2011)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Reimbursement for Case Management Services for Early Intervention (Part C) Children -- Notice of Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Act (USC 1396a(a)(13))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to create a new model for Medicaid coverage of case management services for children less than three years of age who receive services under Chapter 53 (§ 2.2-5300 et seq.) of Title 2.2 of the Code of Virginia in accordance with Part C of the Individuals with Disabilities Education Act (20 USC § 1431 et seq.). These children have (i) a 25% developmental delay in one or more areas of development, (ii) atypical development, or (iii) a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay. This change is being made in response to a mandate from the 2011 Virginia General Assembly in Chapter 890, Item 297 UUUU of the 2011 Acts of Assembly.

DMAS intends to amend the Virginia State Plan for Medical Assistance to define a new approach to payment for case management services under Medicaid that supports the Part C early intervention model. The new Early Intervention Case Management service will meet federal Part C requirements for care coordination as well as federal Medicaid requirements for case management reimbursement. In addition to coordinating specialized services needed to ameliorate the child's developmental delay, the new case management model will facilitate coordination with the child's primary care provider and support quality preventive services such as well child care, immunizations, and lead testing, covered under the Early and Periodic Screening, Diagnosis and Treatment provision for all children enrolled in Medicaid.

Some infants who receive services through the Part C early intervention program may also receive case management services for high risk pregnant women and children. These services are designed to improve birth outcomes and reduce infant mortality by increasing access to care and promoting continuity of care for women with a high risk pregnancy through the prenatal period and infancy. Providers are limited to registered nurses and trained social workers with experience working with pregnant women. Early Intervention Case Management providers will be required coordinate services with these case managers to avoid duplication of services.

The proposed Early Intervention Case Management service will reimburse for coordination services that are federally required by the Part C early intervention program to assist children and their families. All local lead agencies under contract with DBHCS or their designees will be eligible to receive Medicaid reimbursement for case management services. All private and governmental fee-for-service providers will be paid according to the same methodology. These providers will be reimbursed pursuant to the agency's fee, estimated at $120 per month, which is based on the actual requirements of the service.

DMAS anticipates implementing this amendment in a budget neutral manner. The projected savings associated with the elimination of payment for case management under the mental health and intellectual disabilities models for children served by the Part C early intervention program will offset the new costs incurred under the new model for the entire Part C population covered by Medicaid.

The department is submitting emergency regulations, pursuant to § 2.2-4011 of the Code of Virginia, to the Governor for approval. Pending the Governor's approval of the emergency regulations, DMAS will provide copies of said emergency regulations to all requesters, along with proposed provider-specific reimbursement rates. Please forward your written request to the Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219. Written comments about this reimbursement methodology change may also be directed to the DMAS Regulatory Coordinator. DMAS does not anticipate holding a public hearing on this regulatory action. Further information is also available at http://townhall.virginia.gov/L/viewaction.cfm?actionid=3535&display=stages.

Contact Information: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, TDD (800) 343-0634, or email brian.mccormick@dmas.virginia.gov.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Notices of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Professional and Occupational Regulation is currently reviewing each of the regulations listed below to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

18VAC120-11, Public Participation Guidelines

18VAC120-30, Regulations Governing Polygraph Examiners

18VAC120-40, Virginia Professional Boxing and Wrestling Events Regulations

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Kate Nosbisch, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email bpor@dpor.virginia.gov. Comments must include the commenter's name and address information (physical or email) in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

BOARD FOR PROFESSIONAL SOIL SCIENTISTS AND WETLAND PROFESSIONALS

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Professional Soil Scientists and Wetland Professionals is currently reviewing each of the regulations listed below to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

18VAC145-11, Public Participation Guidelines

18VAC145-20, Professional Soil Scientists Regulations

18VAC145-30, Regulations Governing Certified Professional Wetland Delineators

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Kate Nosbisch, Executive Director, Board for Professional Soil Scientists and Wetland Professionals, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email bpssandwp@dpor.virginia.gov. Comments must include the commenter's name and address information (physical or email) in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

STATE BOARD OF SOCIAL SERVICES

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review of 22VAC40-60, Standards and Regulations for Licensed Adult Day Care Centers.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Annette Kelley, Program Consultant, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7632, FAX (804) 726-7132, or email annette.kelley@dss.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review of 22VAC40-685, Virginia Energy Assistance Program-Home Energy Assistance Program.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Deborah Harris, Program Consultant, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7122, FAX (804) 726-7358, or email deborah.harris@dss.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review of 22VAC40-470, Exemptions Applicable to Public Assistance Programs.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins October 10, 2011, and ends on October 31, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Thomas J. Steinhauser, Director, Benefit Programs, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7362, FAX (804) 726-7357, or email tom.steinhauser@dss.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

ERRATA

STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA

Titles of Regulations: 8VAC40-70. Tuition Assistance Grant Program Regulations (repealing 8VAC40-70-10 through 8VAC40-70-60).

8VAC40-71. Virginia Tuition Assistance Grant Program Regulations (adding 8VAC40-71-10 through 8VAC40-71-60).

Publication: 28:2 VA.R. 50-56 September 26, 2011.

Correction to Final Regulation:

Page 51, 8VAC40-71-10, first column, in subdivision 5 b of the definition of "Eligible institution," line 1, after "Identified by" change "SCHEV" to "the council"

Page 51, 8VAC40-71-10, first column, in subdivision 2 of the definition of "Eligible program," line 6, delete the comma after "program"

Page 51, 8VAC40-71-10, second column, in the definition of "Formed, chartered, established, or incorporated within the Commonwealth," line 4, change "SCHEV's" to "the council's"

Page 52, 8VAC40-71-20, first column, first paragraph, line 5, change "grants" to "awards"

Page 52, 8VAC40-71-20, second column, subdivision 1, line 2, change "grants" to "awards"

Page 52, 8VAC40-71-20, second column, subdivision 2, lines 1 and 2, change "fiscal operations report and application to participate in federal student financial aid programs" to "Fiscal Operations Report and Application to Participate in Federal Student Financial Aid Programs"

Page 52, 8VAC40-71-20, second column, last paragraph, line 4, change "grants" to "awards"

VA.R. Doc. No. R12-2378; Filed September 23, 2011, 11:30 a.m.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Title of Regulation: 12VAC30-120. Waivered Services (adding 12VAC30-120-1000, 12VAC30-120-1005, 12VAC30-120-1010, 12VAC30-120-1020, 12VAC30-120-1040, 12VAC30-120-1060, 12VAC30-120-1070, 12VAC30-120-1080, 12VAC30-120-1088, 12VAC30-120-1090; repealing 12VAC30-120-211 through 12VAC30-120-249).

Publication: 28:2 VA.R. 62-133 September 26, 2011.

Correction to Summary:

Page 67, in (ix), after "Chapter" change "297" to "874"

Page 67, in (ix), after "six" change "month" to "months"

VA.R. Doc. No. R10-2056; Filed September 21, 2011, 4:30 p.m.