DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Notice of Periodic Review and Small Business Impact Review
Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services is currently reviewing each of the regulations listed below to determine whether it should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine 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.
2VAC5-70, Health Requirements Governing the Control of Equine Infectious Anemia in Virginia
2VAC5-160, Rules and Regulations Governing the Transportation of Horses
Contact Information: Dr. Charles Broaddus, Program Manager, Veterinary Services; P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, or email charles.broaddus@vdacs.virginia.gov.
2VAC5-280, Virginia Grade Standards for Slaughter and Feeder Lambs
2VAC5-290, Breeder Sheep Grade Standards
Contact Information: Michael Carpenter, Program Manager, Livestock Marketing Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-0577, FAX (804) 371-0247, or email mike.carpenter@vdacs.virginia.gov.
2VAC5-330, Rules and Regulations for Enforcement of the Virginia Pest Law-Virginia Gypsy Moth Quarantine
2VAC5-400, Rules and Regulations for the Enforcement of the Virginia Fertilizer Law
Contact Information: Debra Martin, Program Manager, Office of Plant Industry Service, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email debra.martin@vdacs.virginia.gov.
2VAC5-480, Regulation Governing the Oxygenation of Gasoline
Contact Information: Joel Maddux, Program Manager, Office of Weights and Measures, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1274, FAX (804) 786-1571, or email joel.maddux@vdacs.virginia.gov.
2VAC5-550, Rules and Regulations Pertaining to Tolerances and Prohibitions Applicable to Sausage
2VAC5-560, Rules and Regulations Pertaining to Labeling and Sale of Infant Formula
2VAC5-570, Rules and Regulations Defining Standards for Grades/Sizes of Shell Eggs
Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8910, FAX (804) 371-7792, or email ryan.davis@vdacs.virginia.gov.
The comment period begins February 8, 2016, and ends February 29, 2016.
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 the agency contacts listed above.
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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
COMMON INTEREST COMMUNITY BOARD
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-10, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated January 17, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 2.2-4007.02 of the Code of Virginia mandates the agency to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate the occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. The regulation was last reviewed in 2011. On December 10, 2015, the board reviewed the regulation and, for reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.
Contact Information: Trisha Henshaw, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-40, Time-Share Regulations, and determined that this regulation should be retained in its current form until the effective date of its replacement with 18VAC48-45. The Common Interest Community Board is publishing its report of findings dated January 17, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 55-396 of the Code of Virginia authorizes the Common Interest Community Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Common Interest Community Board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring compliance to applicable statutes and regulations of transactions related to time-share sales in Virginia, including what is expected of the time-share developer, the unit owners' association, and the time-share instruments, as well as other aspects of the Virginia Real Estate Time-Share Act (§ 55-360 et seq. of the Code of Virginia).
No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or contravene federal or state law or regulation.
The most recent periodic review of the regulation occurred in 2013. On December 10, 2015, the board reviewed the regulation and, for reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form until the effective date of its replacement with 18VAC48-45.
Contact Information: Trisha Henshaw, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-50, Common Interest Community Manager Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated January 17, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 54.1-2349 A of the Code of Virginia mandates the Common Interest Community Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.
A concern raised by the sole comment received during the public comment period is addressed in the board's prohibited acts section of regulation and compliant process. Therefore a change is not warranted.
The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. This is the first periodic review of the regulation since 2011. On December 10, 2015, the board reviewed the regulation and, for reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.
Contact Information: Trisha Henshaw, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-60, Common Interest Community Board Management Information Fund Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated January 17, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 55-530 I of the Code of Virginia authorizes the Common Interest Community Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.
No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or contravene federal or state law or regulation.
At its December 10, 2015, meeting, the board discussed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.
Contact Information: Trisha Henshaw, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-70, Common Interest Community Ombudsman Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated January 17, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 55-530 I of the Code of Virginia authorizes the Common Interest Community Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.
The nature of the sole comment received during the public comment period does not appear to be regulatory in nature; however, was taken into consideration. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or contravene federal or state law or regulation.
This is the first periodic review of the regulation. At its December 10, 2015, meeting, the board discussed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.
Contact Information: Trisha Henshaw, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.
CRIMINAL JUSTICE SERVICES BOARD
Notice of Periodic Review and Small Business Impact Review
Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Criminal Justice Services and the Criminal Justice Services Board are conducting a periodic review and small business impact review of 6VAC20-130, Regulations Governing the Privacy and Security of Criminal History Record Information Checks for Firearm Purchases.
The review of this regulation will be guided by the principles in Executive Order 17 (2014). The purpose of this review is to determine whether this regulation should be repealed, 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 February 8, 2016, and ends March 1, 2016.
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 Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street 12th Floor, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-0410, or email barbara.peterson-wilson@dcjs.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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
BOARD OF PHARMACY
Public Hearing on Placing Certain Chemicals in Schedule I
Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The public hearing will be conducted at 9 a.m. on March 25, 2016, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233. Public comment may also be submitted electronically or in writing prior to March 23, 2016, to Caroline Juran, Executive Director of the Board of Pharmacy, email caroline.juran@dhp.virginia.gov.
As specified in § 54.1-3443, the Virginia Department of Forensic Science (DFS) has identified six compounds for recommended inclusion by the Board of Pharmacy into Schedule I in the Code of Virginia. A brief description and chemical name for each compound is as follows:
1. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide (other name: butyryl fentanyl)
Butyryl fentanyl is a powerful synthetic opioid similar in structure to fentanyl and has been identified in DFS laboratories. Butyryl fentanyl has not been approved for medical use in the United States. DFS recommends placing butyryl fentanyl into Schedule I (subdivision 6 of § 54.1-3446 of the Code of Virginia).
2. Flubromazolam
Flubromazolam is classified as a benzodiazepine, which is a central nervous system depressant. Flubromazolam has been identified in DFS laboratories found on blotter paper and candy. Other drugs of this type have been placed in Schedule I (subdivision 4 of § 54.1-3446 of the Code of Virginia).
3. 5-methoxy-N,N-methylisopropyltryptamine (Other name: 5-MeO-MIPT)
5-MeO-MIPT is classified as a research chemical and has been identified in DFS laboratories. 5-MeO-MIPT is similar in structure to 5-MeO-DIPT, which is currently a Schedule I compound. Drugs of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.
4. N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide (Other name: ADB-FUBINACA)
ADB-FUBINACA is classified as a cannabimimetic agent and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (subdivision 7 b of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.
5. Methyl 2-[1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate
(Other name: MDMB-FUBINACA)
MDMB-FUBINACA is classified as a cannabimimetic agent and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (subdivision 7 b of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.
6. Methyl 2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate
(Other names: 5-fluoro-ADB, 5-Fluoro-MDMB-PINACA)
5-fluoro-ADB is classified as a cannabimimetic agent and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (subdivision 7 b of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.
If approved by the Board of Pharmacy, the placement of these substances in Schedule I in the Virginia Drug Control Act shall remain in effect for a period of 18 months from the date of board action and shall then be de-scheduled unless the Drug Control Act is amended by enactment of legislation by the General Assembly.
Contact Information: Caroline Juran, RPh, Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.
BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Waste Management Facility Operators conducted a small business impact review of 18VAC155-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Waste Management Facility Operators is publishing its report of findings dated January 12, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
1. There is a continued need to promote public involvement in the development, amendment, or repeal of a board's regulation. By soliciting the input of interested parties, the board is better equipped to ensure that waste management facility operators have met minimum competencies and that the regulations are not overly burdensome.
2. No public comments were received concerning the regulations.
3. The regulations are currently clear and are not a burden to the public or the licensees.
4. There is no overlap, duplication, or conflict with any federal or state law or regulation.
5. The last review of these regulations was in November 2011.
Contact Information: Eric L. Olson, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511, FAX (866) 430-1033, or email wastemgt@dpor.virginia.gov.
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Waste Management Facility Operators conducted a small business impact review of 18VAC155-20, Waste Management Facility Operators Regulations, and determined that this regulation should be retained in its current form. The Board for Waste Management Facility Operators is publishing its report of findings dated January 11, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
1. There is a continued need to ensure that the operators of waste management facilities (landfills, transfer stations, composting facilities, etc.) are properly licensed in order to protect the health of all individuals that utilize the facilities, live in proximity to the facilities, or work at the facilities.
2. No public comments were received concerning the regulations.
3. The regulations were relatively correct and the board has taken action in a separate regulatory action, to clarify them and to remove sections that were deemed to be obsolete or overly burdensome.
4. There is no overlap, duplication, or conflict with any federal or state law or regulation.
5. The regulation is currently in two review processes, one that address technological advances in the industry and one that reviewed all other factors that have changed in the industry.
Contact Information: Eric L. Olson, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511, FAX (866) 430-1033, or email wastemgt@dpor.virginia.gov.
STATE WATER CONTROL BOARD
New Living Shorelines Loan Program - Public Comment Period and Public Meeting Regarding Proposed Guidelines
On behalf of the State Water Control Board, the Department of Environmental Quality is presenting its draft guidelines for the new Living Shorelines Loan Program for public review and comment. A public meeting will be held at 10 a.m. on Tuesday, February 23, 2016, in the Department of Environmental Quality's 2nd Floor Conference Room, 629 East Main Street, Richmond, VA 23219. The public review and comment period will end on February 29, 2016.
In order to protect or improve water quality and prevent the pollution of state waters, the Virginia General Assembly amended Chapter 22 (§ 62.1-224 et seq.) of Title 62.1 of the Code of Virginia by adding § 62.1-229.5, which expands the activities of the Virginia Clean Water Facilities Revolving Fund. This addition allows the State Water Control Board to authorize low interest loans from the fund for the purpose of establishing living shorelines. Legislation authorized the board to develop guidelines for the administration of living shorelines loans. The draft guidelines are now available for public review and comment at http://www.deq.virginia.gov/Programs/Water/CleanWaterFinancingAssistance/LivingShoreline.aspx.
Questions and comments should be directed to the contact person below.
Contact Information: Walter Gills, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4133, or email walter.gills@deq.virginia.gov.
Proposed Consent Order for American Water Operations and Maintenance, Inc.
An enforcement action has been proposed for American Water Operations and Maintenance, Inc. for violations of the State Water Control Law and regulations at United States Army Garrison, Fort Belvoir located in Fairfax County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with an unpermitted discharge from the sanitary sewer collection system associated with Fort Belvoir. 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 February 9, 2016, through March 10, 2016.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; 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/connect/commonwealth-calendar.
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/documents/cumultab.pdf.
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
VIRGINIA WORKERS' COMPENSATION COMMISSION
Title of Regulation: 16VAC30-50. Rules of the Virginia Workers' Compensation Commission.
Publication: 32:10 VA.R. 1808-1809 January 11, 2016.
Correction to Emergency Regulation:
Page 1809, 16VAC30-50-150, table of communities and three-digit zip codes, in row "5 - Southwest," delete "244" under column titled "THREE-DIGIT ZIP CODES"
VA.R. Doc. No. R16-4565; Filed January 19, 2016, 11:44 a.m.