GENERAL NOTICES/ERRATA
Vol. 29 Iss. 8 - December 17, 2012

GENERAL NOTICES/ERRATA

APPRENTICESHIP COUNCIL

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Apprenticeship Council conducted a small business impact review of 16VAC20-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Apprenticeship Council is publishing its report of findings dated November 20, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continued need for this regulation because it is required by state law. The regulation is not overly complex and does not overlap, duplicate, or conflict with federal or state law or regulation. This regulation has not undergone a prior periodic review because it first became effective in December 2008. Since that time, there have not been any significant changes in technology, economic conditions, or other factors in the area affected by the regulation. The agency received no comments during the public comment period for the periodic review. The Department of Labor and Industry has determined that, consistent with the stated objectives of applicable law, this regulation does not have an adverse economic impact on small businesses, and recommended that the regulation should be retained with no changes. The council approved the agency's recommendation.

Contact Information: Reba O'Connor, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 371-2631, FAX (804) 786-8418, or email reba.oconnor@doli.virginia.gov.

BOARD OF CORRECTIONS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Corrections has conducted a small business impact review of 6VAC15-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Corrections is publishing its report of findings dated November 26, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The substance of this regulation will not have a direct impact on small businesses. This regulation ensures that interested entities have the opportunity to review and comment on regulations being considered by the Virginia Board of Corrections.

Contact Information: James G. Bruce, Jr., Regulatory Coordinator, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 674-3303, FAX (804) 674-3017, or email james.bruce@vadoc.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Corrections has conducted a small business impact review of 6VAC15-70, Standards for Community Residential Programs, and determined that this regulation should be retained in its current form. The Board of Corrections is publishing its report of findings dated November 26, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The substance of this regulation will have a direct impact only on small businesses operating community residential programs. These regulations are necessary to protect public safety and provide safe conditions for offenders housed in these facilities.

Contact Information: James G. Bruce, Jr., Regulatory Coordinator, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 674-3303, FAX (804) 674-3017, or email james.bruce@vadoc.virginia.gov.

CRIMINAL JUSTICE SERVICES BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Criminal Justice Services Board conducted a small business impact review of 6VAC20-180, Crime Prevention Specialists, and determined that this regulation should be retained in its current form. The Criminal Justice Services Board is publishing its report of findings dated July 26, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The continued need for this regulation is to ensure compliance of the certification of crime prevention specialists, as required in § 9.1-161 of the Code of Virginia. The comment(s) received would cause concern for constituents, as we do not feel we can mandate anyone carrying out crime prevention tasks be certified as a specialist. Also, there are times when we do not know which specialists have changed employers until they are notified that they are due for recertification.

This regulation was written as simply as possible. This regulation does not overlap, duplicate, or conflict with federal or state law. This regulation was last reviewed in 2005. There have been no changes in technology, economic conditions, or other factors that would necessitate an amendment or repeal of this regulation.

The agency has determined that this regulation does not need to be amended or repealed, consistent with the stated objectives of applicable law, to minimize the economic impact of regulations on small businesses.

Contact Information: Lisa McGee, Department of Criminal Justice Services, 1100 Bank Street, 12th Floor, Richmond, VA 23219, telephone (804) 371-2419, FAX (804) 786-6040, or email lisa.mcgee@dcjs.virginia.gov.

STATE BOARD OF HEALTH

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health conducted a small business impact review of 12VAC5-542, Rules and Regulations Governing the Virginia Nurse Practitioner/Nurse Midwife Scholarship Program, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated April 12, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation is necessary in order to increase access to quality primary care for Virginia residents in medically underserved areas. Public comments were not received regarding this regulation. The regulation is very straight forward and does not overlap or duplicate other regulations. This regulation was last evaluated in 2009. This regulation is not burdensome to small businesses, and, in fact, may be of benefit to the establishment of clinical practices (many of which are small businesses) in Virginia.

Contact Information: Joe Hilbert, Director of Governmental and Regulatory Affairs, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7006, or email joe.hilbert@vdh.virginia.gov.

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Housing and Community Development conducted a small business impact review of 13VAC5-200, Solar Energy Criteria for Tax Exemption, and determined that this regulation should be retained in its current form. The Board of Housing and Community Development is publishing its report of findings dated September 30, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The board has determined that there is a need to continue the current regulation and that the regulation can provide a benefit to small business. The provisions of the regulation are not complex and are written to assist in having solar energy equipment certified for tax credits. The board has received no complaint about the regulation and no public comment was received during the periodic review comment period. There is no overlap, duplication, or conflict with any other law. Statute provides that localities may allow solar energy equipment, facilities, and devices to be exempt from taxation. The regulations adopted by the Board of Housing and Community Development provides the needed definitions and clarity to have equipment and facilities certified as solar equipment to receive the tax exemption.

Contact Information: Steve Calhoun, Policy Officer, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7015, FAX (804) 371-7090, or email steve.calhoun@dhcd.virginia.gov.

DEPARTMENT OF LABOR AND INDUSTRY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Labor and Industry conducted a small business impact review of 16VAC15-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Department of Labor and Industry is publishing its report of findings dated November 20, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continued need for this regulation because it is required by state law. The regulation is not overly complex and does not overlap, duplicate, or conflict with federal or state law or regulation. This regulation has not undergone a prior periodic review because it first became effective in December 2008. Since that time, there have not been any significant changes in technology, economic conditions, or other factors in the area affected by the regulation. The agency received no comments during the public comment period for the periodic review. The department has determined that, consistent with the stated objectives of applicable law, this regulation does not have an adverse economic impact on small businesses, and that the regulation should be retained with no changes.

Contact Information: Reba O'Connor, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 371-2631, FAX (804) 786-8418, or email reba.oconnor@doli.virginia.gov.

BOARD OF LONG-TERM CARE ADMINISTRATORS

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 of Long Term Care is conducting a periodic review of 18VAC95-30, Regulations Governing the Practice of Assisted Living Facility Administrators.

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the board is seeking comment on 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 December 17, 2012, and ends on January 16, 2013.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

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 November 20, 2012. 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 Ninety-Nine (12)

Virginia Lottery's "New Year Bonus" Final Requirements for Promotion Operation (effective nunc pro tunc to October 30, 2012)

Director's Order Number One Hundred One (12)

Virginia Lottery's "HASBROTM Holiday Arcade" Official Sweepstakes Requirements (effective November 16, 2012)

Director's Order Number One Hundred Twelve (12)

Virginia's On-Line Game "Virginia's New Year Millionaire Raffle" Final Rules for Game Operation (effective nunc pro tunc to October 30, 2012)

Director's Order Number One Hundred Fourteen (12)

Holiday Ticket Dispenser Virginia Lottery Retailer Incentive Program Requirements (effective October 22, 2012)

Director's Order Number One Hundred Fifteen (12)

Virginia's Instant Game Lottery 1374 "Millionaire Mania" Final Rules for Game Operation (effective November 14, 2012)

Director's Order Number One Hundred Nineteen (12)

Virginia's Instant Game Lottery 1419 "Blackjack" Final Rules for Game Operation (effective November 16, 2012)

Director's Order Number One Hundred Twenty (12)

Virginia's Instant Game Lottery 1382 "Electric 7'S" Final Rules for Game Operation (effective November 16, 2012)

Director's Order Number One Hundred Twenty-Two (12)

Virginia's Instant Game Lottery 1398 "Jeep®" Final Rules for Game Operation (effective November 16, 2012)

Director's Order Number One Hundred Thirty-Four (12)

Virginia's Instant Game Lottery 1392 "Cash Whirlwind" Final Rules for Game Operation (effective November 16, 2012)

* * * * * *

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on November 20, 2012.

Director's Order Number One Hundred Thirteen (12)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on October 26, 2012.

Game 1090

Stacks of Cash (TOP)

Game 1105

Platinum Payout

Game 1254

Slots of Fun

Game 1259

Summer Bucks

Game 1261

Black Pearl Doubler

Game 1268

Big Money

Game 1271

Serious Folding Money

Game 1274

Lucky Cherries Doubler

Game 1275

Lady Bucks

Game 1307

Red Hot 5's Doubler (TOP)

Game 1310

Golden 7 (TOP)

Game 1311

9's In a Line (TOP)

Game 1321

Virginia Lottery Black

Game 1323

10 X the Money

Game 1324

Jewel 7's

Game 1331

Hang 10

Game 1336

Grills Gone Wild

Game 1337

7-11-21

Game 1346

5 X the Money (TOP)

Game 1354

Monopoly (TOP)

The last day for lottery retailers to return for credit unsold tickets from any of these games will be November 30, 2012. The last day to redeem winning tickets for any of these games will be April 24, 2013, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of April 24, 2013, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order is effective nunc pro tunc to October 26, 2012, and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto
Executive Director
October 31, 2012

SAFETY AND HEALTH CODES BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated September 13, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This periodic review is the first evaluation of this regulation since it was promulgated in December 2008. The purpose of this regulation is to establish a means by which interested persons shall be afforded an opportunity to submit data, views, and arguments as part of the regulatory process. There is a continuing need for this regulation because:

· It provides procedures that are designed to involve the public in the formation of regulations and to solicit public comments and suggestions; and

· It is mandated by the Administrative Process Act, § 2.2-4007.02 of the Code of Virginia, which states that the board will have Public Participation Guidelines and defines the policies that are to be included.

No comments were received on this regulation during the public comment period, which began August 13, 2012, and concluded September 3, 2012.

This regulation is not overly complex. It has no negative impact on the regulated community and does not overlap, duplicate, or conflict with federal or state law or regulation. Since the date when this regulation became effective, technology, economic conditions, and other factors have not changed in the area affected by the regulation.

As a result of this periodic review, the agency has determined that this regulation has no negative economic impact on small businesses. Consistent with the stated objectives of applicable law, the Department of Labor and Industry and the Safety and Health Codes Board have concluded that this regulation should be retained with no changes.

Contact Information: Reba O'Connor, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 371-2631, FAX (804) 786-8418, or email reba.oconnor@doli.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-20, Regulation Concerning Licensed Asbestos Contractor Notification, Asbestos Project Permits, and Permit Fees, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated September 13, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The purpose of this regulation is to establish the notification requirements for certain asbestos projects and provide for the payment of permit fees based on the size of the asbestos project. There is a continuing need for this regulation because it protects and promotes the safety and health of employees in places of employment.

This periodic review is the first evaluation of the regulation since it was amended in December 2008. In that time, technology, economic conditions, and other factors have not changed in the area affected by this regulation.

No comments were received on this regulation during the public comment period, which began August 13, 2012, and concluded September 3, 2012.

This regulation is required by state law, and is not overly complex. Consistent with the stated objectives of applicable law, it has no negative impact on the regulated community or on small businesses, and does not overlap, duplicate, or conflict with federal or state law or regulation.

As a result of this periodic review, the Department of Labor and Industry and the Safety and Health Codes Board recommend retention of the existing regulation with no changes.

Contact Information: Reba O'Connor, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 371-2631, FAX (804) 786-8418, or email reba.oconnor@doli.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for Gauge Works, LLC

An enforcement action has been proposed for Gauge Works, LLC, for violations of the State Water Control Law and Regulations in Loudoun County. The consent order describes a settlement to resolve the unauthorized discharge of oil to state waters. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@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 December 18, 2012, through January 17, 2013.

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.

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 use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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 BOARD OF HEALTH

Title of Regulation: 12VAC5-600. Waterworks Operation Fee.

Publication: 29:4 VA.R. 987-988 October 22, 2012.

Change to Final Regulation:

Page 988, FORMS list, in the name of the second form, change "more than $400" to "$400 or more"

VA.R. Doc. No. R13-3258; Filed November 20, 2012, 9:44 a.m.

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Title of Regulation: 4VAC50-60. Virginia Stormwater Management Program (VSMP) Permit Regulations.

Publication: 29:4 VA.R. 683-788 October 22, 2012.

Change to Final Regulation:

Page 691, 4VAC50-60-10, in the definition of "proposed state permit", at the end of the last sentence, insert "permit" after "draft state"

Page 716, 4VAC50-60-330 A 2, insert "permit" after "a new state"

VA.R. Doc. No. R13-3319; Filed November 27, 2012, 10:00 a.m.

Title of Regulation: 4VAC50-90. Chesapeake Bay Preservation Area Designation and Management Regulations.

Publication: 29:4 VA.R. 788-804 October 22, 2012.

Change to Final Regulation:

Page 789, change section numbered 4VAC5-90-10 to 4VAC50-90-10

VA.R. Doc. No. R13-3317; Filed November 29, 2012, 9:10 a.m.