The Virginia Register OF
REGULATIONS is an official state publication issued every other week
throughout the year. Indexes are published quarterly, and are cumulative for
the year. The Virginia Register has several functions. The new and
amended sections of regulations, both as proposed and as finally adopted, are
required by law to be published in the Virginia Register. In addition,
the Virginia Register is a source of other information about state
government, including petitions for rulemaking, emergency regulations,
executive orders issued by the Governor, and notices of public hearings on
regulations.
ADOPTION,
AMENDMENT, AND REPEAL OF REGULATIONS
An
agency wishing to adopt, amend, or repeal regulations must first publish in the
Virginia Register a notice of intended regulatory action; a basis,
purpose, substance and issues statement; an economic impact analysis prepared
by the Department of Planning and Budget; the agency’s response to the economic
impact analysis; a summary; a notice giving the public an opportunity to
comment on the proposal; and the text of the proposed regulation.
Following
publication of the proposal in the Virginia Register, the promulgating agency
receives public comments for a minimum of 60 days. The Governor reviews the proposed
regulation to determine if it is necessary to protect the public health, safety
and welfare, and if it is clearly written and easily understandable. If the
Governor chooses to comment on the proposed regulation, his comments must be
transmitted to the agency and the Registrar no later than 15 days following the
completion of the 60-day public comment period. The Governor’s comments, if
any, will be published in the Virginia Register. Not less than 15 days
following the completion of the 60-day public comment period, the agency may
adopt the proposed regulation.
The
Joint Commission on Administrative Rules (JCAR) or the appropriate standing
committee of each house of the General Assembly may meet during the
promulgation or final adoption process and file an objection with the Registrar
and the promulgating agency. The objection will be published in the Virginia
Register. Within 21 days after receipt by the agency of a legislative
objection, the agency shall file a response with the Registrar, the objecting
legislative body, and the Governor.
When
final action is taken, the agency again publishes the text of the regulation as
adopted, highlighting all changes made to the proposed regulation and
explaining any substantial changes made since publication of the proposal. A
30-day final adoption period begins upon final publication in the Virginia
Register.
The
Governor may review the final regulation during this time and, if he objects,
forward his objection to the Registrar and the agency. In addition to or in
lieu of filing a formal objection, the Governor may suspend the effective date
of a portion or all of a regulation until the end of the next regular General
Assembly session by issuing a directive signed by a majority of the members of
the appropriate legislative body and the Governor. The Governor’s objection or
suspension of the regulation, or both, will be published in the Virginia
Register. If the Governor finds that changes made to the proposed
regulation have substantial impact, he may require the agency to provide an
additional 30-day public comment period on the changes. Notice of the
additional public comment period required by the Governor will be published in
the Virginia Register.
The
agency shall suspend the regulatory process for 30 days when it receives
requests from 25 or more individuals to solicit additional public comment,
unless the agency determines that the changes have minor or inconsequential
impact.
A
regulation becomes effective at the conclusion of the 30-day final adoption
period, or at any other later date specified by the promulgating agency, unless
(i) a legislative objection has been filed, in which event the regulation,
unless withdrawn, becomes effective on the date specified, which shall be after
the expiration of the 21-day objection period; (ii) the Governor exercises his
authority to require the agency to provide for additional public comment, in
which event the regulation, unless withdrawn, becomes effective on the date
specified, which shall be after the expiration of the period for which the
Governor has provided for additional public comment; (iii) the Governor and the
General Assembly exercise their authority to suspend the effective date of a
regulation until the end of the next regular legislative session; or (iv) the
agency suspends the regulatory process, in which event the regulation, unless
withdrawn, becomes effective on the date specified, which shall be after the
expiration of the 30-day public comment period and no earlier than 15 days from
publication of the readopted action.
A
regulatory action may be withdrawn by the promulgating agency at any time
before the regulation becomes final.
FAST-TRACK
RULEMAKING PROCESS
Section
2.2-4012.1 of the Code of Virginia provides an exemption from certain
provisions of the Administrative Process Act for agency regulations deemed by
the Governor to be noncontroversial. To use this process, Governor's
concurrence is required and advance notice must be provided to certain
legislative committees. Fast-track regulations will become effective on the
date noted in the regulatory action if no objections to using the process are
filed in accordance with § 2.2-4012.1.
EMERGENCY
REGULATIONS
Pursuant
to § 2.2-4011 of the Code of Virginia, an agency, upon consultation
with the Attorney General, and at the discretion of the Governor, may adopt
emergency regulations that are necessitated by an emergency situation. An
agency may also adopt an emergency regulation when Virginia statutory law or
the appropriation act or federal law or federal regulation requires that a
regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its
adoption and filing with the Registrar of Regulations, unless a later date is
specified. Emergency regulations are limited to no more than 18 months in
duration; however, may be extended for six months under certain circumstances
as provided for in § 2.2-4011 D. Emergency regulations are published as
soon as possible in the Register.
During
the time the emergency status is in effect, the agency may proceed with the
adoption of permanent regulations through the usual procedures. To begin
promulgating the replacement regulation, the agency must (i) file the Notice of
Intended Regulatory Action with the Registrar within 60 days of the effective
date of the emergency regulation and (ii) file the proposed regulation with the
Registrar within 180 days of the effective date of the emergency regulation. If
the agency chooses not to adopt the regulations, the emergency status ends when
the prescribed time limit expires.
STATEMENT
The
foregoing constitutes a generalized statement of the procedures to be followed.
For specific statutory language, it is suggested that Article 2 (§ 2.2-4006
et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined
carefully.
CITATION
TO THE VIRGINIA REGISTER
The Virginia
Register is cited by volume, issue, page number, and date. 29:5 VA.R. 1075-1192
November 5, 2012, refers to Volume 29, Issue 5, pages 1075 through 1192 of
the Virginia Register issued on
November 5, 2012.
The
Virginia Register of Regulations is
published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2
of the Code of Virginia.
Members
of the Virginia Code Commission: John
S. Edwards, Chair; James M. LeMunyon, Vice Chair; Gregory D.
Habeeb; Ryan T. McDougle; Pamela S. Baskervill; Robert L.
Calhoun; Carlos L. Hopkins; E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Christopher
R. Nolen; Timothy Oksman; Charles S. Sharp; Mark J. Vucci.
Staff
of the Virginia Register: Jane
D. Chaffin, Registrar of Regulations; Karen Perrine, Assistant
Registrar; Anne Bloomsburg, Regulations Analyst; Rhonda Dyer, Publications
Assistant; Terri Edwards, Operations Staff Assistant.
PUBLICATION SCHEDULE AND DEADLINES
Vol. 32 Iss. 19 - May 16, 2016
May 2016 through April 2017
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Volume: Issue
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Material Submitted By Noon*
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Will Be Published On
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32:19
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April 27, 2016
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May 16, 2016
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32:20
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May 11, 2016
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May 30, 2016
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32:21
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May 25, 2016
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June 13, 2016
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32:22
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June 8, 2016
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June 27, 2016
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32:23
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June 22, 2016
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July 11, 2016
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32:24
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July 6, 2016
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July 25, 2016
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32:25
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July 20, 2016
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August 8, 2016
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32:26
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August 3, 2016
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August 22, 2016
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33:1
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August 17, 2016
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September 5, 2016
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33:2
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August 31, 2016
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September 19, 2016
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33:3
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September 14, 2016
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October 3, 2016
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33:4
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September 28, 2016
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October 17, 2016
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33:5
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October 12, 2016
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October 31, 2016
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33:6
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October 26, 2016
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November 14, 2016
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33:7
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November 9, 2016
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November 28, 2016
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33:8
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November 22, 2016 (Tuesday)
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December 12, 2016
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33:9
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December 7, 2016
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December 26, 2016
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33:10
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December 19, 2016 (Monday)
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January 9, 2017
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33:11
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January 4, 2017
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January 23, 2017
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33:12
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January 18, 2017
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February 6, 2017
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33:13
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February 1, 2017
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February 20, 2017
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33:14
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February 15, 2017
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March 6, 2017
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33:15
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March 1, 2017
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March 20, 2017
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33:16
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March 15, 2017
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April 3, 2017
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*Filing deadlines are Wednesdays
unless otherwise specified.
PETITIONS FOR RULEMAKING
Vol. 32 Iss. 19 - May 16, 2016
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL BOARD
Initial Agency Notice
Title of Regulation:
3VAC5-30. Tied-House.
Statutory Authority: § 4.1-111 of the Code of
Virginia.
Name of Petitioner: Terri Bierne, Esq. - Eastern Counsel
to the Wine Institute.
Nature of Petitioner's Request: A request has been submitted
by the Wine Institute requesting that 3VAC5-30 be amended to prohibit wine wholesale
licensees from charging an additional fee or upcharge on split or mixed cases
of wine sold to retail licensees.
Agency Plan for Disposition of Request: In accordance
with Virginia law, the petition has been filed with the Registrar of
Regulations and posted on the Virginia Regulatory Town Hall at
www.townhall.virginia.gov. Comment on the petition will be requested until June
6, 2016, and may be posted on the Town Hall or sent to the board. Following
receipt of comments on the petition to amend regulations, the matter will be
considered by the full board to determine if there is sufficient need or
interest to pursue formal amendment to the current rule.
Public Comment Deadline: June 6, 2016.
Agency Contact: Shawn Walker, Director of Law
Enforcement, Department of Alcoholic Beverage Control, 2901 Hermitage Road,
Richmond, VA 23220, telephone (804) 213-4569, or email
shawn.walker@abc.virginia.gov.
VA.R. Doc. No. R16-23; Filed April 20, 2016, 11:00 a.m.
Initial Agency Notice
Title of Regulation: 3VAC5-30.
Tied-House.
Statutory Authority: § 4.1-111 of the Code of
Virginia.
Name of Petitioner: Walter Marston, Esq. representing
the Virginia Wine Wholesalers Association.
Nature of Petitioner's Request: A request has been
received from the Virginia Wine Wholesalers Association requesting that 3VAC5-30
be amended to permit wine wholesalers to differentiate between on-premises and
off-premises licensees in prices charged.
Agency Plan for Disposition of Request: In accordance
with Virginia law, the petition has been filed with the Registrar of
Regulations and posted on the Virginia Regulatory Town Hall at
www.townhall.virginia.gov. Comment on the petition will be requested until June
6, 2016, and may be posted on the Town Hall or sent to the board. Following
receipt of comments on the petition to amend regulations, the matter will be
considered by the full board to determine if there is sufficient need or
interest to pursue formal amendment to the current rule.
Public Comment Deadline: June 6, 2016.
Agency Contact: Shawn Walker, Director of Law
Enforcement, Department of Alcoholic Beverage Control, 2901 Hermitage Road,
Richmond, VA 23220, telephone (804) 213-4569, or email
shawn.walker@abc.virginia.gov.
VA.R. Doc. No. R16-24; Filed April 20, 2016, 11:01 a.m.
NOTICES OF INTENDED REGULATORY ACTION
Vol. 32 Iss. 19 - May 16, 2016
TITLE 2. AGRICULTURE
Vapor Pressure Requirements for Gasoline Ethanol Blends
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 Agriculture and Consumer Services
intends to consider promulgating 2VAC5-425, Vapor Pressure Requirements for
Gasoline Ethanol Blends. The purpose of the proposed action is to adopt
regulations regarding vapor pressure requirements and exceptions for gasoline
ethanol blends using the ASTM International Standards and the National
Institute of Standards and Technology Handbook 130.
The agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: §§ 59.1-153 and 59.1-156 of the
Code of Virginia.
Public Comment Deadline: June 15, 2016.
Agency Contact: Laura Hare, Policy Analyst, Department
of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218,
telephone (804) 786-1908, FAX (804) 255-2666, or email
laura.hare@vdacs.virginia.gov.
VA.R. Doc. No. R16-4644; Filed April 19, 2016, 4:51 p.m.
REGULATIONS
Vol. 32 Iss. 19 - May 16, 2016
TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Emergency Regulation
Title of Regulation: 2VAC5-425. Vapor Pressure Requirements for Gasoline Ethanol Blends (adding 2VAC5-425-10, 2VAC5-425-20).
Statutory Authority: §§ 59.1-153 and 59.1-156 of the Code of Virginia.
Effective Dates: April 19, 2016, through October 18, 2017.
Agency Contact: Laura Hare, Policy Analyst, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1908, FAX (804) 255-2666, or email laura.hare@vdacs.virginia.gov.
Preamble:
Section 2.2-4011 A of the Code of Virginia states that "[r]egulations that an agency finds are necessitated by an emergency situation may be adopted upon consultation with the Attorney General, which approval shall be granted only after the agency has submitted a request stating in writing the nature of the emergency, and the necessity for such action shall be at the sole discretion of the Governor." This emergency regulation pertains to gasoline ethanol blends and allowable exceptions to vapor pressure standards described in the current standards adopted by ASTM International. The vapor pressure of ethanol blended gasoline is a measure of the fuel's volatility or evaporation characteristics. This pressure is regulated and manipulated by refineries to comply with federal and ASTM standards.
Currently, § 59.1-153 of the Motor Fuels and Lubricating Oils Law (Chapter 12 (§ 59.1-149 et seq.) of Title 59.1 of the Code of Virginia) incorporates National Institute of Standards and Technology (NIST) Handbook 130, which utilizes ASTM standards, into the law. The vapor pressure limit for ethanol blended gasoline is established for specified periods of the year in ASTM Standard D4814. The NIST Handbook 130, Section 2.1.2 authorizes a 1.0 psi exception to the ASTM standard; however, this exception expires May 1, 2016. The 1.0 psi exception was previously allowed under 2VAC5-420, but the Board of Agriculture and Consumer Services repealed 2VAC5-420 in 2012 following the incorporation of the NIST handbook and ASTM standards into the Virginia's Motor Fuels and Lubricating Oils Law. The NIST Handbook 130 and ASTM standards were incorporated into the law in advance of the repeal of 2VAC5-420.
Virginia utilizes the Colonial Pipeline, a gasoline pipeline that originates in Texas and ends in New Jersey. Virginia is the only state in the Colonial Pipeline that will not have a 1.0 psi exception after May 1, 2016, as the other states have either granted a waiver for or adopted a regulation with the exception. In order to ensure that the gasoline in the pipeline can continue to flow into and through Virginia after May 1, 2016, a regulation granting a 1.0 psi exception must be in place before that date, which can only be accomplished through the emergency regulatory process.
This emergency action addresses the vapor pressure requirements for ethanol blended gasoline in Virginia. Specifically, it provides a 1.0 psi exception to the maximum vapor pressure set by ASTM International as currently outlined in NIST Handbook 130, Section 2.1.2.
CHAPTER 425
VAPOR PRESSURE REQUIREMENTS FOR GASOLINE ETHANOL BLENDS
2VAC5-425-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"ASTM D4806-16a" means the Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel published by ASTM International in February 2016.
"ASTM D4814-16a" means the Standard Specification for Automotive Spark-Ignition Engine Fuel published by ASTM International in February 2016.
"psi" means pounds per square inch.
"Volatility class A" means fuel with a vapor pressure and distillation designation of "A" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a.
"Volatility class B" means fuel with a vapor pressure and distillation designation of "B" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a.
"Volatility class C" means fuel with a vapor pressure and distillation designation of "C" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a.
"Volatility class D" means fuel with a vapor pressure and distillation designation of "D" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a.
"Volatility class E" means fuel with a vapor pressure and distillation designation of "E" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16a.
2VAC5-425-20. Vapor pressure requirements; exceptions.
When gasoline is blended with ethanol, the ethanol shall meet the requirements of ASTM D4806-16a and the blend shall meet the requirements of ASTM D4814-16a, with following permissible exceptions:
1. For blends containing nine to 10 volume percent ethanol, the maximum vapor pressure shall not exceed the ASTM D4814-16a limits by more than 1.0 psi during the period of June 1 through September 15.
2. For blends containing one or more volume percent ethanol for volatility class A, B, C, or D, the maximum vapor pressure shall not exceed ASTM D4814-16a limits by more than 1.0 psi during the period of September 16 through May 31.
3. For blends containing one or more volume percent ethanol for volatility class E, the maximum vapor pressure shall not exceed ASTM D4814-16a limits by more than 0.5 psi during the period of September 16 through May 31.
DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-425)
Standard Specification for Automotive Spark-Ignition Engine Fuel, ASTM D4814-16a, February 2016, ASTM International, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org
Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel, ASTM D4806-16a, February 2016, ASTM International, P.O. Box C700, West Conshohocken, PA 19428, www.astm.org
VA.R. Doc. No. R16-4644; Filed April 19, 2016, 4:51 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of
Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-20. Definitions and
Miscellaneous: In General (adding 4VAC15-20-230; repealing 4VAC15-20-80).
Statutory Authority: § 29.1-501 of the Code of Virginia.
Public Hearing Information:
June 16, 2016 - 9 a.m. - Department of Game and Inland
Fisheries - 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: June 4, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341 or email
phil.smith@dgif.virginia.gov.
Summary:
The proposed action (i)
repeals requirements regarding execution of a certificate for a resident
license by the licensee and (ii) prescribes aluminum or purple as the color of
paint to be used for posting land to prohibit hunting, fishing, or trapping
without the written permission of the landowner.
4VAC15-20-80. Certificate on hunting, trapping and fishing
license to be executed by licensee. (Repealed.)
No state or county resident
license to hunt, trap or fish in or on the lands or inland waters of this
Commonwealth shall be deemed to be issued until the certificate printed on the
reverse side of that license shall have been executed by the named licensee.
For those licenses issued by telephone or electronic media agent pursuant to §
29.1-327 B of the Code of Virginia, the license shall be deemed issued when the
license authorization number is put on paper and the paper is signed by the
designated licensee and shall remain effective only until the permanent
license, for which the number was issued, is received by the licensee.
4VAC15-20-230. Color of paint prescribed for posting land.
The color of paint prescribed for posting land in
accordance with § 18.2-134.1 of the Code of Virginia shall be aluminum or
purple.
VA.R. Doc. No. R16-4689; Filed April 27, 2016, 11:00 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-490. Pertaining to Sharks (amending 4VAC20-490-42).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2016.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendment changes the spiny dogfish commercial quota
for May 1, 2016, through April 30, 2017, from 5,463,565 to 4,356,944 pounds.
4VAC20-490-42. Spiny dogfish commercial quota and catch
limitations.
A. For the 12-month period of May 1, 2015 2016,
through April 30, 2016 2017, the spiny dogfish commercial
landings quota shall be limited to 5,463,565 4,356,944 pounds.
B. It shall be unlawful for any person to take, harvest, or
possess aboard any vessel or to land in Virginia any spiny dogfish harvested
from federal waters for commercial purposes after it has been announced that
the federal quota for spiny dogfish has been taken.
C. It shall be unlawful for any person to take, harvest, or
possess aboard any vessel or to land in Virginia more than 5,000 pounds of
spiny dogfish per day for commercial purposes.
D. It shall be unlawful for any person to harvest or to land
in Virginia any spiny dogfish for commercial purposes after the quota specified
in subsection A of this section has been landed and announced as such.
E. Any spiny dogfish harvested from state waters or federal
waters, for commercial purposes, shall only be sold to a federally permitted
dealer.
F. It shall be unlawful for any buyer of seafood to receive
any spiny dogfish after any commercial harvest or landing quota described in
this section has been attained and announced as such.
VA.R. Doc. No. R16-4687; Filed April 28, 2016, 4:39 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Emergency Regulation
Title of Regulation: 4VAC20-620. Pertaining to Summer
Flounder (amending 4VAC20-620-40).
Statutory Authority: §§ 28.2-201 and 28.2-210 of the
Code of Virginia.
Effective Dates: May 1, 2016, through May 31, 2016.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Preamble:
The amendments (i) change the end date of the Summer
Flounder season beginning in March from May 7 to June 6 for any person
harvesting outside of Virginia waters; (ii) remove the 30-day limit to the time
periods within that season; and (ii) change the second period of the season
from 30 days to 60 days, beginning April 8 instead of April 7, within which a
total of 5,000 pounds of Summer Flounder may be harvested by any person
harvesting outside of Virginia waters.
4VAC20-620-40. Commercial vessel possession and landing
limitations.
A. It shall be unlawful for any person harvesting Summer
Flounder outside of Virginia's waters to do any of the following, except as
described in subsections B, C, D, and E of this section:
1. Possess aboard any vessel in Virginia waters any amount of
Summer Flounder in excess of 10% by weight of Atlantic croaker or the combined
landings, on board a vessel, of black sea bass, scup, squid, scallops and
Atlantic mackerel.
2. Possess aboard any vessel in Virginia waters any amount of Summer
Flounder in excess of 1,500 pounds landed in combination with Atlantic croaker.
3. Fail to sell the vessel's entire harvest of all species at
the point of landing.
B. Nothing in this chapter shall preclude a vessel from
possessing any North Carolina vessel possession limit of summer flounder
Summer Flounder in Virginia; however, no vessel that possesses the North
Carolina vessel possession limit of summer flounder Summer Flounder
shall offload any amount of that possession limit, except as described in
subsection J of this section.
C. From the second Wednesday in March through May 7 June
6, it shall be unlawful for any person harvesting Summer Flounder outside
of Virginia waters to do any of the following:
1. Possess aboard any vessel in Virginia waters any amount of
Summer Flounder in excess of the combined total of the Virginia landing limit
described in subdivisions 3 and 4 of this subsection and the amount of the
legal North Carolina landing limit or trip limit.
2. Land Summer Flounder in Virginia for commercial purposes
more than twice during each consecutive 30-day period, with the first 30-day
period beginning on the second Wednesday in March.
3. Land in Virginia more than a total of 7,500 pounds of
Summer Flounder during the first 30-day period, with the first 30-day period
beginning on the second Wednesday in March.
4. Land in Virginia more than a total of 5,000 pounds of summer
flounder Summer Flounder during the second 30-day period with the
second 30-day 60-day period beginning on April 7 8.
5. Land in Virginia any amount of Summer Flounder more than
once in any consecutive five-day period.
D. From November 1 through December 31 of each year, or until
it has been projected and announced that 85% of the allowable landings have
been taken, it shall be unlawful for any person harvesting Summer Flounder
outside of Virginia waters to do any of the following:
1. Possess aboard any vessel in Virginia waters any amount of
Summer Flounder in excess of the combined total of the Virginia landing limit
described in subdivisions 3 and 4 of this subsection and the amount of the
legal North Carolina landing limit or trip limit.
2. Land Summer Flounder in Virginia for commercial purposes
more than twice during each consecutive 30-day period, with the first 30-day
period beginning on November 1.
3. Land in Virginia more than a total of 10,000 pounds of
Summer Flounder during the first 30-day period, with the first 30-day period
beginning on November 1.
4. Land in Virginia more than a total of 5,000 pounds of
Summer Flounder during the second 30-day period with the second 30-day period
beginning on December 1.
5. Land in Virginia any amount of Summer Flounder more than
once in any consecutive five-day period.
E. From January 1 through December 31 of each year, any boat
or vessel issued a valid federal Summer Flounder moratorium permit and owned
and operated by a legal Virginia Commercial Hook-and-Line Licensee that
possesses a Restricted Summer Flounder Endorsement shall be restricted to a
possession and landing limit of 200 pounds of Summer Flounder, except as
described in 4VAC20-620-30 F.
F. Upon request by a marine police officer, the seafood buyer
or processor shall offload and accurately determine the total weight of all
Summer Flounder aboard any vessel landing Summer Flounder in Virginia.
G. Any possession limit described in this section shall be
determined by the weight in pounds of Summer Flounder as customarily packed,
boxed and weighed by the seafood buyer or processor. The weight of any Summer
Flounder in pounds found in excess of any possession limit described in this
section shall be prima facie evidence of violation of this chapter. Persons in
possession of Summer Flounder aboard any vessel in excess of the possession
limit shall be in violation of this chapter unless that vessel has requested
and been granted safe harbor. Any buyer or processor offloading or accepting
any quantity of Summer Flounder from any vessel in excess of the possession
limit shall be in violation of this chapter, except as described by subsection
J of this section. A buyer or processor may accept or buy Summer Flounder from
a vessel that has secured safe harbor, provided that vessel has satisfied the
requirements described in subsection J of this section.
H. If a person violates the possession limits described in
this section, the entire amount of Summer Flounder in that person's possession
shall be confiscated. Any confiscated Summer Flounder shall be considered as a
removal from the appropriate commercial harvest or landings quota. Upon
confiscation, the marine police officer shall inventory the confiscated Summer
Flounder and, at a minimum, secure two bids for purchase of the confiscated
Summer Flounder from approved and licensed seafood buyers. The confiscated fish
will be sold to the highest bidder and all funds derived from such sale shall
be deposited for the Commonwealth pending court resolution of the charge of
violating the possession limits established by this chapter. All of the
collected funds will be returned to the accused upon a finding of innocence or
forfeited to the Commonwealth upon a finding of guilty.
I. It shall be unlawful for a licensed seafood buyer or
federally permitted seafood buyer to fail to contact the Marine Resources
Commission Operation Station prior to a vessel offloading Summer Flounder
harvested outside of Virginia. The buyer shall provide to the Marine Resources
Commission the name of the vessel, its captain, an estimate of the amount in
pounds of Summer Flounder on board that vessel, and the anticipated or
approximate offloading time. Once offloading of any vessel is complete and the
weight of the landed Summer Flounder has been determined, the buyer shall
contact the Marine Resources Commission Operations Station and report the vessel
name and corresponding weight of Summer Flounder landed. It shall be unlawful
for any person to offload from a boat or vessel for commercial purposes any
Summer Flounder during the period of 9 p.m. to 7 a.m.
J. Any boat or vessel that has entered Virginia waters for
safe harbor shall only offload Summer Flounder when the state that licenses
that vessel requests to transfer quota to Virginia, in the amount that
corresponds to that vessel's possession limit, and the commissioner agrees to
accept that transfer of quota.
K. After any commercial harvest or landing quota as described
in 4VAC20-620-30 has been attained and announced as such, any boat or vessel
possessing Summer Flounder on board may enter Virginia waters for safe harbor
but shall contact the Marine Resources Commission Operation Center in advance
of such entry into Virginia waters.
L. It shall be unlawful for any person harvesting Summer
Flounder outside of Virginia waters to possess aboard any vessel, in Virginia,
any amount of Summer Flounder, once it has been projected and announced that
100% of the quota described in 4VAC20-620-30 A has been taken.
VA.R. Doc. No. R16-4688; Filed April 28, 2016, 4:39 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-900. Pertaining to
Horseshoe Crab (amending 4VAC20-900-25).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2016.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendment adds an exception for pound net licensees so
that they may harvest horseshoe crabs beyond 500 feet seaward of mean low water
from May 1 through June 7.
4VAC20-900-25. Commercial fisheries management measures.
A. It shall be unlawful for any individual to harvest
horseshoe crabs from any shore or tidal waters of Virginia within 1,000 feet in
any direction of the mean low water line from May 1 through June 7, except
that pound net licensees permitted for horseshoe crab harvest may harvest
horseshoe crabs beyond 500 feet seaward of mean low water during this period.
The harvests of horseshoe crabs for biomedical use shall not be subject to this
limitation.
B. From January 1 through June 7 of each year, it shall be
unlawful for any individual to land, in Virginia, any horseshoe crab harvested
from federal waters.
C. Harvests for biomedical purposes shall require a special
permit issued by the Commissioner of Marine Resources, and all crabs taken
pursuant to such permit shall be returned to the same waters from which they
were collected.
D. The annual commercial quota of horseshoe crab shall be
172,828 horseshoe crabs. Additional quantities of horseshoe crab may be
transferred to Virginia by other jurisdictions, in accordance with the
provisions of Addendum I to the Atlantic States Marine Fisheries Commission
Fishery Management Plan for Horseshoe Crab, April 2000, provided that the
combined total of the commercial quota and transfer from other jurisdictions
shall not exceed 355,000 horseshoe crabs. It shall be unlawful for any
individual to harvest from Virginia waters, or to land in Virginia, any
horseshoe crab for commercial purposes after any calendar-year commercial quota
of horseshoe crab has been attained and announced as such.
1. The horseshoe crab commercial trawl gear quota is equal to
12.488% of the commercial quota of horseshoe crabs described in this subsection
or 21,583 horseshoe crabs.
2. The horseshoe crab commercial dredge gear quota is equal to
40.348% of the commercial quota of horseshoe crabs described in this subsection
or 69,733 horseshoe crabs.
3. The horseshoe crab commercial hand harvest quota is equal
to 22.095% of the commercial quota of horseshoe crabs described in this
subsection or 38,186 horseshoe crabs.
4. The horseshoe crab commercial pound net quota is equal to
18.142% of the commercial quota of horseshoe crabs described in this subsection
or 31,354 horseshoe crabs.
5. The horseshoe crab commercial general category quota is
equal to 6.927% of the commercial quota of horseshoe crabs described in this
subsection or 11,972 horseshoe crabs.
E. It shall be unlawful for any individual to harvest or land
horseshoe crabs during any calendar year from waters east of the COLREGS Line
by any gear after 81,331 male horseshoe crabs have been landed and announced as
such, and the following provisions shall also apply:
1. It shall be unlawful for any individual to harvest or land
any female horseshoe crabs from waters east of the COLREGS Line.
2. It shall be unlawful for any individual to harvest or land
any amount of horseshoe crabs from waters east of the COLREGS Line by any gear,
except for trawl or dredge gear.
3. It shall be unlawful for any valid Horseshoe Crab Trawl
Permittee or Horseshoe Crab Class A Dredge Permittee to take, catch, possess,
or land more than 1,250 male horseshoe crabs from waters east of the COLREGS
Line when it is projected and announced that 65,065 male horseshoe crabs have
been landed from waters east of the COLREGS Line.
4. It shall be unlawful for any valid Horseshoe Crab Class B
Dredge Permittee to take, catch, possess, or land more than 500 male horseshoe
crabs from waters east of the COLREGS Line when it is projected and announced
that 65,065 male horseshoe crabs have been landed from waters east of the
COLREGS Line.
F. For the purposes of this regulation, no horseshoe crab
shall be considered a male horseshoe crab unless it possesses at least one
modified, hook-like appendage as its first pair of walking legs.
G. Limitations on the daily harvest and possession of
horseshoe crabs for any vessel described below are as follows:
1. It shall be unlawful for any valid Horseshoe Crab Trawl
Permittee, as described in 4VAC20-900-21 C, to possess aboard any vessel or to
land any number of horseshoe crabs in excess of 2,500 per day. When it is
projected and announced that 80% of the horseshoe crab commercial trawl gear
quota has been taken, it shall be unlawful for any valid Horseshoe Crab Trawl
Permittee to possess aboard any vessel or to land any number of horseshoe crabs
in excess of 1,250 per day. When it is projected and announced that 100% of the
horseshoe crab commercial trawl quota is taken, it shall be unlawful for any
valid Horseshoe Crab Trawl Permittee to possess or land any horseshoe crab
taken by trawl gear.
2. It shall be unlawful for any valid Horseshoe Crab Class A
Dredge Permittee, as described in 4VAC20-900-21 D, to possess aboard any vessel
or to land any number of horseshoe crabs in excess of 2,500 per day. When it is
projected and announced that 80% of the horseshoe crab commercial dredge gear
quota has been taken, it shall be unlawful for any valid Horseshoe Crab Class A
Dredge Permittee to possess aboard any vessel or to land any number of
horseshoe crabs in excess of 1,250 per day. When it is projected and announced
that 100% of the horseshoe crab commercial dredge gear quota has been taken, it
shall be unlawful for any valid Horseshoe Crab Class A Dredge Permittee to
possess or land any horseshoe crab taken by dredge gear.
3. It shall be unlawful for any valid Horseshoe Crab Class B
Dredge Permittee, as described in 4VAC20-900-21 D, to possess aboard any vessel
or to land any number of horseshoe crabs in excess of 1,000 per day. When it is
projected and announced that 80% of the horseshoe crab commercial dredge gear
quota has been taken, it shall be unlawful for any valid Horseshoe Crab Class B
Dredge Permittee to possess aboard any vessel or to land any number of
horseshoe crabs in excess of 500 per day. When it is projected and announced
that 100% of the horseshoe crab commercial dredge gear quota has been taken, it
shall be unlawful for any valid Horseshoe Crab Class B Dredge Permittee to
possess or land any horseshoe crab taken by dredge gear.
4. It shall be unlawful for any valid Horseshoe Crab Hand
Harvest Permittee, as described in 4VAC20-900-21 E, to possess aboard any
vessel or to land any number of horseshoe crabs in excess of 500 per 24-hour
period, as described in subdivision 9 of this subsection. When it is projected
and announced that 80% of the horseshoe crab commercial hand harvest quota has
been taken, it shall be unlawful for any valid Horseshoe Crab Hand Harvest
Permittee to possess aboard any vessel or to land any number of horseshoe crabs
in excess of 250 per 24-hour period, as described in subdivision 9 of this
subsection. When it is projected and announced that 100% of the horseshoe crab
commercial hand harvest quota has been taken, it shall be unlawful for any
valid Horseshoe Crab Hand Harvest Permittee to possess or land any horseshoe
crab taken by hand.
5. It shall be unlawful for any valid Horseshoe Crab Pound Net
Permittee, as described in 4VAC20-900-21 F, to possess aboard any vessel or to
land any number of horseshoe crabs in excess of 500 per day. When it is
projected and announced that 80% of the horseshoe crab commercial pound net
quota has been taken, it shall be unlawful for any valid Horseshoe Crab Pound
Net Permittee to possess aboard any vessel or to land any number of horseshoe
crabs in excess of 250 per day. When it is projected and announced that 100% of
the horseshoe crab commercial pound net quota has been taken, it shall be unlawful
for any valid Horseshoe Crab Pound Net Permittee to possess or land any
horseshoe crab taken by pound net.
6. It shall be unlawful for any valid Horseshoe Crab General
Category Permittee, as described in 4VAC20-900-21 G, to possess aboard any
vessel or to land any number of horseshoe crabs in excess of 250 per day. When
it is projected and announced that 80% of the horseshoe crab commercial general
category quota has been taken, it shall be unlawful for any valid Horseshoe
Crab General Category Permittee to possess aboard any vessel or to land any
number of horseshoe crabs in excess of 125 per day. When it is projected and
announced that 100% of the horseshoe crab commercial general category quota has
been taken, it shall be unlawful for any valid Horseshoe Crab General Category
Permittee to possess or land any horseshoe crab taken by gear other than trawl,
dredge, pound net, or by hand.
7. It shall be unlawful for any two valid Horseshoe Crab Hand
Harvest Permittees when fishing from the same boat or vessel to possess or land
more than 1,000 horseshoe crabs per 24-hour period, as described in subdivision
9 of this subsection. When it is projected and announced that 80% of the
horseshoe crab commercial hand harvest quota has been taken, it shall be unlawful
for any two valid Horseshoe Crab Hand Harvest Permittees fishing from the same
boat or vessel to possess or land more than 500 horseshoe crabs per 24-hour
period, as described in subdivision 9 of this subsection.
8. It shall be unlawful for any valid Horseshoe Crab General
Category Permittee to harvest horseshoe crabs by gill net, except as described
in this subdivision.
a. Horseshoe crabs shall only be harvested from a gill net,
daily, after sunrise and before sunset.
b. It shall be unlawful for any individual to harvest or
possess horseshoe crabs taken by any gill net that has a stretched mesh measure
equal to or greater than six inches, unless the twine size of that gill net is
equal to or greater than 0.81 millimeters in diameter (0.031 inches), and that
individual possesses his own valid commercial striped bass permit or his own
black drum harvesting and selling permit, as well as a Horseshoe Crab General
Category Permit.
9. It shall be unlawful for any person permitted for hand
harvest of horseshoe crabs to possess or land any horseshoe crabs, except
during a 24-hour period that extends from 12 noon on one day to 12 noon the
following day.
H. From April 1 through June 30, in the Toms Cove Area, it
shall be unlawful for any individual to place, set, or fish any gill net,
except as described in this subsection.
1. From April 1 through May 31, any gill net licensed as over
600 feet and up to 1,200 feet in length shall have at least one anchored end
800 feet from the mean low water line.
2. From June 1 through June 30, it shall be unlawful to place,
set, or fish any gill net after sunset or before sunrise.
I. It shall be unlawful for any valid Horseshoe Crab Trawl
Permittee, Horseshoe Crab Class A Dredge Permittee, or Horseshoe Crab Class B
Dredge Permittee to offload any horseshoe crabs between the hours of 10 p.m.
and 7 a.m.
VA.R. Doc. No. R16-4685; Filed April 28, 2016, 4:41 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-910. Pertaining to Scup
(Porgy) (amending 4VAC20-910-45).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2016.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendment changes the commercial harvest and landing of
scup for May 1 through October 31 from 13,646 pounds to 13,154 pounds.
4VAC20-910-45. Possession limits and harvest quotas.
A. During the period January 1 through April 30 of each year,
it shall be unlawful for any person to do any of the following:
1. Possess aboard any vessel in Virginia more than 50,000
pounds of scup.
2. Land in Virginia more than a total of 50,000 pounds of scup
during each consecutive seven-day landing period, with the first seven-day
period beginning on January 1.
B. When it is projected and announced that 80% of the
coastwide quota for this period has been attained, it shall be unlawful for any
person to possess aboard any vessel or to land in Virginia more than a total of
1,000 pounds of scup.
C. During the period November 1 through December 31 of each
year, it shall be unlawful for any person to possess aboard any vessel or to
land in Virginia more than 18,000 pounds of scup.
D. During the period May 1 through October 31 of each year,
the commercial harvest and landing of scup in Virginia shall be limited to 13,646
13,154 pounds.
E. For each of the time periods set forth in this section,
the Marine Resources Commission will give timely notice to the industry of
calculated poundage possession limits and quotas and any adjustments thereto. It
shall be unlawful for any person to possess or to land any scup for commercial
purposes after any winter period coastwide quota or summer period Virginia
quota has been attained and announced as such.
F. It shall be unlawful for any buyer of seafood to receive
any scup after any commercial harvest or landing quota has been attained and
announced as such.
G. It shall be unlawful for any person fishing with hook and
line, rod and reel, spear, gig, or other recreational gear to possess more than
30 scup. When fishing is from a boat or vessel where the entire catch is held
in a common hold or container, the possession limit shall be for the boat or
vessel and shall be equal to the number of persons on board legally eligible to
fish multiplied by 30. The captain or operator of the boat or vessel shall be
responsible for any boat or vessel possession limit. Any scup taken after the
possession limit has been reached shall be returned to the water immediately.
VA.R. Doc. No. R16-4686; Filed April 28, 2016, 4:40 p.m.
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Forms
REGISTRAR'S NOTICE:
Forms used in administering the following regulation have been filed by the
Department of Health. The form is not being published; however, online users of
this issue of the Virginia Register of Regulations may click on the name of a
form to access it. The form is also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, General Assembly
Building, 2nd Floor, Richmond, Virginia 23219.
Title of Regulation: 12VAC5-31. Virginia Emergency
Medical Services Regulations.
Contact Information: Michael D. Berg, Manager,
Regulation and Compliance, Department of Health, 1041 Technology Park Drive,
Glen Allen, VA 23059-4500, email michael.berg@vdh.virginia.gov.
FORMS (12VAC5-31)
EMT Clinical Training Summary Record, EMS.TR.05
(rev. 8/2012)
Training Program Complaint Form, EMS.TR.30 (rev.
1/2011)
Course Approval Request, EMS.TR.01 (rev. 6/2011)
Course
Approval Request, EMS.TR.01 (rev. 4/2016)
CTS Payment Request Form, EMS.TR.CTS.001 (rev.
6/2012)
EMS Variance/Exemption Application for Providers,
EMS 6036 (rev. 6/2011)
EMS Variance/Exemption Application for Agencies,
EMS 6037 (rev. 6/2011)
Course Summary Form, EMS.TR.03 (rev. 6/2011)
EMS Certification Application, Form A (undated)
EMS Training Program Enrollment Form, Form E
(undated)
EMS Continuing Education Registration Card
(undated)
Application for EMS Agency License (rev. 8/2012)
Application for EMS Vehicle Permit and
Instructions (rev. 8/2012)
Complaint Report Form (rev. 11/2010)
Operational Medical Director Agreement (rev.
8/2012)
ALS-Coordinator Application, EMS.TR.31 (rev.
11/2011)
Emergency Medical Services Medical Record (rev.
6/2010)
BLS Course Student Information Package, EMS.TR.09
(rev. 5/2012)
ALS Course Student Information Package, EMS.TR.10
(rev. 5/2012)
BLS Individual Age, Clinical and Skill Performance
Verification, EMS.TR.33 (rev. 1/2011)
Student Permission Form for BLS Students Less than
18 Years Old, EMS.TR.07 (rev. 7/2011)
Physician Assistant & Nurse Practitioner Paramedic
Challenge Competency Summary, EMS.TR.37 (rev. 2/2012)
Program Accreditation Application, Instructions
and Self Study - Paramedic (rev, 7/2012)
Program Accreditation Application, Instructions
and Self Study - Intermediate (rev. 7/2012)
Alternative Site Application for EMS Programs in
Virginia (rev. 7/2012)
Rescue Squad Assistance Fund Grant Application, Office of
Emergency Services (http://www.vdh.virginia.gov/OEMS/Agency/Grants/index.htm)
EMS System Initiative Award Application, Office of Emergency
Services (http://www.vdh.virginia.gov/OEMS/Agency/Grants/index.htm)
OEMS Grant Program Memorandum of Agreement (rev.
1/2012)
VA.R. Doc. No. R16-4684; Filed April 26, 2016, 3:25 p.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
Title of Regulation: 12VAC30-120. Waivered Services (amending 12VAC30-120-1000; adding
12VAC30-120-1012, 12VAC30-120-1062, 12VAC30-120-1072, 12VAC30-120-1082).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396.
Expiration Date Extended Through: October 30, 2016.
The Governor has approved the request by the Department of
Medical Assistance Services to extend the expiration date of the
above-referenced emergency regulation for six months as provided for in § 2.2-4011
D of the Code of Virginia. Therefore, the emergency regulation will continue in
effect through October 30, 2016. The emergency action conforms the regulation
to Item 301 III of Chapter 2 of the 2014 Acts of the Assembly, Special Session
I, which authorizes the Department of Medical Assistance Services to establish
a 25% higher reimbursement rate, within the intellectual disability waiver
program, for congregate residential services for individuals with complex
medical or behavioral needs currently residing in an institution and unable to
transition to integrated settings in the community due to the need for services
that cannot be provided within the maximum allowable rate or for individuals
whose needs present imminent risk of institutionalization, and enhanced waiver
services are needed beyond those available with the maximum allowable rate. The
emergency regulation was published in 31:5 VA.R. 303-311 November 3, 2014 and
an erratum correcting the original expiration date was published in 31:9 VA.R. 748 December 29, 2014.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Department of Medical Assistance Services, Policy Division, DMAS, 600 E. Broad
Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804)
786-1680, or email emily.mcclellan@dmas.virginia.gov.
VA.R. Doc. No. R15-3839; Filed April 28, 2016, 11:54 a.m.
TITLE 14. INSURANCE
STATE CORPORATION COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
State Corporation Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia,
which exempts courts, any agency of the Supreme Court, and any agency that by
the Constitution is expressly granted any of the powers of a court of record.
Title of Regulation: 14VAC5-10. Accident Airtrip
Insurance (repealing 14VAC5-10-10).
Statutory Authority: §§ 12.1-13 and 38.2-223 of the Code
of Virginia.
Effective Date: June 1, 2016.
Agency Contact: Katie Johnson, Policy Advisor, Policy
and Compliance Division, Bureau of Insurance, State Corporation Commission,
P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9688, FAX (804) 371-9873,
or email katie.johnson@scc.virginia.gov.
Summary:
This action repeals 14VAC5-10, which is unnecessary because
the use of mechanical vending machines in public airports for the solicitation
of applications for and the issuance of accident airtrip insurance policies is
obsolete.
AT RICHMOND, APRIL 22, 2016
COMMONWEALTH OF VIRGINIA, ex rel.
CASE NO. INS-2016-00045
STATE CORPORATION COMMISSION
Ex Parte: In the matter of Repealing the
Rules Governing Accident Airtrip Insurance
ORDER REPEALING RULES
By Order to Take Notice ("Order") entered March 1,
2016, all interested persons were ordered to take notice that subsequent to
April 15, 2016, the State Corporation Commission ("Commission") would
consider the entry of an order repealing the rules entitled "Accident
Airtrip Insurance," 14 VAC 5-10-10 ("Rules"), as proposed by the
Bureau of Insurance ("Bureau").
The Order required that on or before April 15, 2016, any
person objecting to the repeal of the Rules file a request for a hearing with
the Clerk of the Commission ("Clerk"). No request for a hearing was
filed with the Clerk.
The Order also required all interested persons to file their
comments in support of or in opposition to the repeal of the Rules on or before
April 15, 2016. No comments on the proposed repeal of the Rules were filed with
the Clerk.
The Virginia General Assembly enacted § 38.2-1807 of the Code
of Virginia ("Code") in 1958. This Code section allows insurers that
are qualified to transact business in the Commonwealth of Virginia and to write
accident airtrip insurance to solicit applications for and issue accident
airtrip insurance policies by means of mechanical vending machines in public
airports. In addition, this Code section requires that such mechanical
vending machines be under the supervision of an appointed agent and that the
insurer comply with all requirements prescribed by the Commission for conduct
of this business. Chapter 10 was promulgated as a result. The repeal of Chapter
10 is necessary because the use of mechanical vending machines in public
airports for the solicitation of applications for and the issuance of accident
airtrip insurance policies is now obsolete.
NOW THE COMMISSION, having considered the recommendation of
the Bureau to repeal Chapter 10 of Title 14 of the Virginia Administrative
Code, is of the opinion that the Rules should be repealed.
Accordingly, IT IS ORDERED THAT:
(1) The Rules Governing Accident Airtrip Insurance at 14 VAC
5-10-10, which are attached hereto and made a part hereof, should be, and are
hereby, REPEALED to be effective June 1, 2016.
(2) AN ATTESTED COPY hereof, together with a copy of the
repealed Rules, shall be sent by the Clerk of the Commission to the Bureau in
care of Deputy Commissioner Althelia P. Battle, who forthwith shall give
further notice of the repeal of the Rules by mailing a copy of this Order,
together with a copy of the repealed rules, to all insurers qualified to
transact business in the Commonwealth and to write accident airtrip insurance,
as well as to all interested persons.
(3) The Commission's Division of Information Resources
forthwith shall cause a copy of this Order, together with the attached repealed
Rules, to be forwarded to the Virginia Registrar of Regulations for appropriate
publication in the Virginia Register of Regulations.
(4) The Commission's Division of Information Resources shall
make available this Order and the repealed Rules on the Commission's website:
http://www.scc.virginia.gov/case.
(5) The Bureau shall file with the Clerk of the Commission an
affidavit of compliance with the notice requirements of Ordering Paragraph (2)
above.
(6) This case is dismissed, and the papers herein shall be
placed in the file for ended causes.
VA.R. Doc. No. R16-4639; Filed April 27, 2016, 4:10 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHARMACY
Final Regulation
REGISTRAR'S NOTICE: The
Board of Pharmacy is claiming an exemption from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 13 of the Code of Virginia,
which exempts amendments to regulations of the board to schedule a substance in
Schedule I or II pursuant to subsection D of § 54.1-3443 of the Code of
Virginia. The board will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC110-20. Regulations
Governing the Practice of Pharmacy (amending 18VAC110-20-322).
Statutory Authority: §§ 54.1-2400 and 54.1-3443 of the
Code of Virginia.
Effective Date: June 15, 2016.
Agency Contact: Caroline Juran, RPh, Executive Director,
Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463,
telephone (804) 367-4416, FAX (804) 527-4472, or email
caroline.juran@dhp.virginia.gov.
Summary:
The amendments place six compounds into Schedule I of the
Drug Control Act. The added compounds will remain in effect for 18 months or
until the compounds are placed in Schedule I by action of the General Assembly.
18VAC110-20-322. Placement of chemicals in Schedule I.
A. Pursuant to § 54.1-3443 D of the Code of Virginia,
the Board of Pharmacy places the following substances in Schedule I of the Drug
Control Act:
1. Cannabimimetic agents:
a. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (other names: ADB-CHMINACA, MAB-CHMINACA);
b. Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate
(other name: 5-fluoro-AMB);
c. 1-naphthalenyl
1-(5-fluoropentyl)-1H-indole-3-carboxylate (other name: NM-2201); and
d. 1-(4-fluorobenzyl)-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole
(other name: FUB-144).
2. Substituted cathinones:
a. 4-bromomethcathinone (other name: 4-BMC); and
b. 4-chloromethcathinone (other name: 4-CMC).
The placement of drugs in this subsection shall remain in
effect until February 11, 2017, unless enacted into law in the Drug Control
Act.
B. Pursuant to subsection D of § 54.1-3443 of the Code of
Virginia, the Board of Pharmacy places the following in Schedule I of the Drug
Control Act:
1. Acetyl fentanyl (other name: desmethyl fentanyl).
2. Etizolam.
3. 4-Iodo-2, 5-dimethoxy-N-[(2-hydroxyphenyl)
methyl]-benzeneethanamine (other name: 25I-NBOH).
4. Cannabimimetic agent:
1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl) indole (MAM-2201).
5. Substituted cathinones:
a. Alpha-Pyrrolidinohexiophenone (other name: alpha-PHP); and
b. Alpha-Pyrrolidinoheptiophenone (other name: PV8).
The placement of drugs listed in this subsection shall remain
in effect until June 1, 2017, unless enacted into law in the Drug Control Act.
C. Pursuant to subsection D of § 54.1-3443 of the
Code of Virginia, the Board of Pharmacy places the following in Schedule I of
the Drug Control Act:
1. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide
(other name: butyryl fentanyl).
2. Flubromazolam.
3. 5-methoxy-N,N-methylisopropyltryptamine (Other name:
5-MeO-MIPT).
4. Cannabimimetic agents:
a. N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide
(other name: ADB-FUBINACA);
b. Methyl
2-[1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate
(other name: MDMB-FUBINACA); and
c. Methyl
2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (other
names: 5-fluoro-ADB, 5-Fluoro-MDMB-PINACA).
The placement of drugs listed in this subsection shall
remain in effect until December 14, 2017, unless enacted into law in the Drug
Control Act.
VA.R. Doc. No. R16-4651; Filed April 13, 2016, 4:21 p.m.
Directing the Department of General
Services' Division of Consolidated Laboratory Services to Extend the Storage
Period for Physical Evidence Recovery Kits Received From Health Care Providers
In 2009, then-Governor Timothy M. Kaine noted that there was a
lack of clarity regarding the steps to be taken following a forensic medical
examination in an instance where evidence is collected from an alleged victim
of sexual assault, but the victim is not prepared at the time to release
personal identifying information to law enforcement. Governor Kaine noted
Virginia Code § 19.2-165.1(B), which addresses these instances:
"Victims complaining of sexual assault shall not be required to participate
in the criminal justice system or cooperate with law-enforcement authorities in
order to be provided with such forensic medical exams."
To assist in clarifying the steps to be taken in such
situations, Governor Kaine issued Executive Order 92, directing the Department
of General Services' Division of Consolidated Laboratory Services (DCLS) to
accept and store for 120 days, evidence from physical evidence recovery kits
(PERKs) received from health care providers from victims of sexual assault who
elected to not report the offense to law enforcement ("anonymous
PERKs"). During the 120-day period, if the victim elected to report the
offense to law enforcement, the kit would be transferred to the investigating
agency for forensic testing. If DCLS did not receive notification from law
enforcement and/or an Attorney for the Commonwealth within the 120-day period,
DCLS was directed under Executive Order 92 to destroy the PERK.
In 2015, I convened a PERK Work Group to evaluate criteria for
PERK evidence testing in the Commonwealth and to make recommendations related
to the handling and storage of anonymous PERKs. The Work Group was chaired by
the Secretary of Public Safety and Homeland Security, and included First Lady
Dorothy McAuliffe and representatives of various stakeholder groups, including
law enforcement, Commonwealth's Attorneys, the criminal defense bar, victim
advocates, forensic nurses, and the Department of Forensic Science. The Work
Group determined that 120 days was not enough time for victims of sexual assault
to make the determination about whether to report the offense to law
enforcement. Therefore, the Work Group recommended that the time for storing
anonymous PERKs should be extended to a minimum of two years, in order to
provide victims sufficient time to fully consider their options. During the
2016 General Assembly, this recommendation, and others from the Work Group,
were introduced in Senate Bill 291 and House Bill 1160 as the
"Comprehensive PERK Act." The Comprehensive PERK Act was passed by
the General Assembly and signed by me, and will become law on July 1, 2016.
When enacted, the Comprehensive PERK Act will include the requirement that DCLS
store all anonymous PERKs for a minimum of two years.
Accordingly, by virtue of the authority vested in me as
Governor under Article V of the Constitution and the laws of the Commonwealth
and subject always to my continuing and ultimate authority and responsibility
to act in such matters, I hereby direct the Department of General Services'
Division of Consolidated Laboratory Services begin to immediately accept and
store Physical Evidence Recovery Kits (PERKs) in a manner consistent with the
requirements set forth in the Comprehensive PERK Act, including the requirement
that the PERKs be retained for a minimum of two years. This Executive Order is
in the best interest of the individual victims and the overall pursuit of
justice in sexual assault cases.
This Executive Order shall be effective when signed and shall
remain in full force and effect until the Comprehensive PERK Act becomes law on
July 1, 2016, at which time DCLS shall comply with the Act.
Given under my hand and under the Seal of the Commonwealth of
Virginia this 25th Day of April, 2016.