GENERAL NOTICES/ERRATA
Vol. 33 Iss. 1 - September 05, 2016

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and Consumer Services is currently reviewing each of the regulations listed below to determine whether it should be repealed, amended, or retained in its current form.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.

2VAC5-130, Rules and Regulations Governing Laboratory Fees for Services Rendered or Performed

Agency Contact: Dr. Joseph Garvin, Program Manager, Office of Laboratory Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-9202, FAX (804) 371-2380, or email joseph.garvin@vdacs.virginia.gov.

2VAC5-205, Rules and Regulations Pertaining to Shooting Enclosures

Agency Contact: Carolynn Bissett, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, or email carolynn.bissett@vdacs.virginia.gov.

2VAC5-230, Rules and Regulations Applicable to Controlled Atmosphere (CA) Apples

2VAC5-300, Rules and Regulations for the Enforcement of the Virginia Seed Potato Standards

Agency Contact: Dennis Clary, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1933, FAX (804) 371-7785, or email dennis.clary@vdacs.virginia.gov.

2VAC5-250, Rules and Regulations Relating to Grain Dealers Licensing and Bonding Law

Agency Contact: Randy Sanford, Grain Law Supervisor, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3939, FAX (804) 371-7785, or email randy.sanford@vdacs.virginia.gov.

2VAC5-370, Rules and Regulations for Enforcement of the Virginia Animal Remedies Law

2VAC5-380, Rules and Regulations for the Enforcement of the Virginia Dealers in Agricultural Products Law

2VAC5-405, Regulations for the Application of Fertilizer to Nonagricultural Lands

Agency Contact: Debra Martin, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email debra.martin@vdacs.virginia.gov.

2VAC5-520, Rules and Regulations Governing Testing of Milk for Milkfat, Protein, and Lactose Content by Automated Instrument Methods

Agency Contact: Robert Trimmer, Program Supervisor, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1452, FAX (804) 371-7792, or email robert.trimmer@vdacs.virginia.gov.

The comment period begins September 5, 2016, and ends September 26, 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.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Solar Access Development Group LLC Notice of Intent - Small Renewable Energy Project (Solar) Permit-By-Rule

Solar Access Development Group LLC has notified the Department of Environmental Quality of its intent to submit the necessary documentation for a permit-by-rule for a small renewable energy project (solar) in Stevensburg in Culpeper County, Virginia pursuant to 9VAC15-60. The project is located on 210 acres north of the intersection of Fairfield Lane and York Road and to the east of Stevensburg Road and will have a maximum capacity of 20 megawatts alternating current (AC). The project will consist of 81,662 solar panels, 14 inverters, and associated equipment.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

BOARD OF OPTOMETRY

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 Optometry is conducting a periodic review and small business impact review of 18VAC105-20, Regulations Governing the Practice of Optometry.

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 September 5, 2016, and ends October 5, 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 Elaine Yeatts, Agency Regulatory Coordinator, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.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.

DEPARTMENT OF TAXATION

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Taxation conducted a small business impact review of 23VAC10-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Department of Taxation is publishing its report of findings dated August 15, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency determined this regulation continues to be necessary as it is required by § 2.2- 4007.02 of the Code of Virginia and establishes the mechanisms by which the agency will advise the public of the agency's regulatory actions. There have been no complaints or comments received from the public concerning this regulation. The regulation is not complex, and it does not overlap, duplicate, or conflict with federal or state law or regulation. Since this regulation's adoption in 2008, there have not been significant changes in technology, economic conditions, or other factors that would necessitate amending this regulation.

Contact Information: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299, FAX (804) 371-2355, or email joseph.mayer@tax.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Taxation conducted a small business impact review of 23VAC10-230, Watercraft Sales and Use Tax, and determined that this regulation should be retained in its current form. The Department of Taxation is publishing its report of findings dated August 15, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed in order to provide guidance regarding the administration of the watercraft sales and use tax. There have been no complaints or comments received concerning the regulation from the public. The regulation is not complex, and six sections of the regulation that duplicated state law were repealed in 2007. The regulation was last amended in 2009, and there have been no significant changes in technology, economic conditions, or other factors that have affected the watercraft sales and use tax.

Contact Information: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299, FAX (804) 371-2355, or email joseph.mayer@tax.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for FDP Virginia, Inc.

An enforcement action has been proposed for FDP Virginia, Inc., for violations at the facility located at FDP Brake Production Plant located at 1076 Airport Road, Tappahannock, Virginia. The State Water Control Board proposes to issue a consent order to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from September 5, 2016, to October 5, 2016.

Proposed Consent Special Order for JLE Holdings, LLC

An enforcement action has been proposed for JLE Holdings, LLC for violations at property located north-northeast of the intersection of Virginia State Routes 71 and 619 in Scott County, Virginia. The State Water Control Board proposes to issue a special order by consent to JLE Holdings, LLC to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Carla Pool will accept comments by email at carla.pool@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from September 5, 2016, to October 5, 2016.

Proposed Enforcement Action for Plains Marketing, L.P.

An enforcement action has been proposed for Plains Marketing, L.P. for alleged violations of the State Water Control Law in Yorktown, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at john.brandt@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from September 5, 2016, to October 5, 2016.

Proposed Consent Order for Shenandoah Valley Organic, LLC

An enforcement action has been proposed for Shenandoah Valley Organic, LLC (SVO) for violations in Harrisonburg, Virginia. The State Water Control Board proposes to issue a consent order to SVO for noncompliance with State Water Control Law. The proposed consent order requires SVO to address unpermitted discharges from its facility, to pay a civil charge, and to fund a supplemental environmental project to improve water quality in the Blacks Run watershed. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from September 5, 2016, to October 5, 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

STATE CORPORATION COMMISSION

Title of Regulation: 14VAC5-345. Rules Governing Rate Stabilization in Property and Casualty Insurance.

Publication: 32:25 VA.R. 3421-3424 August 8, 2016

Correction to Final Regulation:

Page 3422, 14VAC5-345-20, after catchline insert new paragraph as follows:

"The following words or terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:"

VA.R. Doc. No. R16-4678; Filed August 16, 2016, 9:38 a.m.