GENERAL NOTICES/ERRATA
Vol. 33 Iss. 9 - December 26, 2016

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-130, Rules and Regulations Governing Laboratory Fees for Services Rendered or Performed, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 18, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continuing need for this regulation in order to support the operation of the Animal Health Laboratory System. There have been no complaints from the public concerning the regulation. The regulation is necessarily uncomplicated. There is no overlap with federal or state law or regulations. Technology, economic conditions, and other factors have not impacted the need for this regulation but, in fact, make the existence of this regulation even more necessary as economic conditions have resulted in the Animal Health Laboratory System being more dependent on fee revenue to provide the current technology needed to offer services to clients. The primary effect on small business is a beneficial one as veterinary practices, agricultural businesses, and livestock and animal owners in the Commonwealth are able to obtain laboratory services nearby and at an affordable price. Therefore, the agency has determined to retain the regulation in its current form.

Contact Information: 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-205, Rules and Regulations Pertaining to Shooting Enclosures, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services (VDACS) is publishing its report of findings dated October 18, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for this regulation because there is still one shooting enclosure currently operating in the Commonwealth. There have been no complaints from the public concerning this regulation. This regulation is detailed but is clearly written and easily understandable. This regulation does not overlap, duplicate, or conflict with federal or state law or other regulation but expands upon § 3.2-6039 of the Code of Virginia. There have been no technologic, economic, or other factors that have changed in the area affected by the regulation since the last review period. This regulation necessarily impacts small business, as the operators of shooting enclosures are for-profit private businesses. However, the impact is appropriate and necessary in order to protect public health, welfare, and safety. The collection of a small annual fee from shooting enclosure operators is necessary in order to offset any cost to VDACS for administering the provisions of the regulation. Therefore, the agency has determined to retain the regulation in its current form.

Contact Information: Dr. 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-230, Rules and Regulations Applicable to Controlled Atmosphere (CA) Apples, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 17, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation has minimal impact on small businesses. The agency is recommending that the regulation should remain in effect without change. The regulation promotes the welfare of citizens by making available to the public better quality fruit throughout the year, and it provides equitable pricing for fruit producers and sellers. The agency has not received any comments or complaints regarding the regulation. The regulation does not duplicate any state or federal laws or regulations. The regulation is not overly complex. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency believes the current version of the regulation is the least burdensome and least intrusive alternative for the apple industry and affected small businesses.

Contact Information: 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-250, Rules and Regulations Relating to Grain Dealers Licensing and Bonding Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated November 15, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Because the selling of grain in Virginia is tremendously important to the state's economy, there is a continued need for this regulation. The agency has determined that this regulation is effective in achieving its goals of protecting Virginia farmers against loss when selling their grain. The agency has not received any complaints or comments concerning this regulation. The regulation is not unnecessarily complex. The regulation does not conflict with state or federal law. The agency has determined that no change occurred in the area affected by the regulation subsequent to the agency's previous periodic review that would necessitate the amendment or repeal of this regulation. This regulation is still very important in ensuring fair and prompt payment for grain transactions between buyer and seller.

Contact Information: 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-300, Rules and Regulations for the Enforcement of the Virginia Seed Potato Standards, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 17, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation has minimal impact on small businesses. The agency is recommending that the regulation should remain in effect without change. The regulation assists in ensuring the quality of the seed potatoes shipped into Virginia and is necessary to support the economic welfare of potato producers. The agency has not received any comments or complaints regarding the regulation. The regulation does not duplicate any state or federal laws or regulations. The regulation is not overly complex. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency believes the current version of the regulation is the least burdensome and least intrusive alternative for the potato industry and affected small businesses.

Contact Information: 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-370, Rules and Regulations for Enforcement of the Virginia Animal Remedies Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 21, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The provisions of this regulation establish general requirements that are consistent with current industry practices and that are not unnecessarily burdensome. The agency has determined that this regulation should be retained in order to continue to protect public health, safety, and welfare. The agency has not received any complaints or comments from the public concerning this regulation. The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The agency has determined that no change in the animal remedy industry has occurred subsequent to the agency's previous periodic review of this regulation that would necessitate the amendment or repeal of this regulation.

Contact Information: 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-380, Rules and Regulations for the Enforcement of the Virginia Dealers in Agricultural Products Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 21, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The provisions of this regulation establish notice and written receipt requirements and are not unnecessarily burdensome. The agency has determined that this regulation should be retained in order to continue to protect and support the economic welfare of producers of agricultural produce. The agency has not received any complaints or comments from the public concerning this regulation. The agency has determined that this regulation is not unnecessarily complex, and that the complexity of this regulation is not such that it would have an economic impact on small businesses.

The federal Perishable Agricultural Commodities Act (7 USC § 499a et seq.) (Act) requires any person who buys or sells more than 2,000 pounds of fresh or frozen fruits and vegetables in any given day to be licensed. Rules and Regulations for the Enforcement of the Virginia Dealers in Agricultural Products Law (2VAC5-380) does not appear to overlap, duplicate, or conflict with the requirements of the Act or with any other federal or state law or regulation. The agency has determined that no change in the affected industry has occurred subsequent to the agency's previous periodic review of this regulation that would necessitate the amendment or repeal of this regulation.

Contact Information: 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-405, Regulations for the Application of Fertilizer to Nonagricultural Lands, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 20, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency determined these requirements are not unnecessarily burdensome and provide an important means of ensuring the proper training, certification, and recordkeeping for licensees and contractor-applicators who apply fertilizer for commercial purposes to nonagricultural lands. The regulation also provides a means of enforcing reporting requirements for certain fertilizer applications and is necessary to minimize the risk of environmental harm resulting from the improper application of fertilizers to nonagricultural lands. The agency has determined that this regulation is not unnecessarily complex, and that the complexity of this regulation is not such that it would have an economic impact on small businesses.

Regulations for the Application of Fertilizer to Nonagricultural Lands (2VAC5-405) does not appear to overlap, duplicate, or conflict with any federal or state law or regulation. The agency has determined that no change in the affected industry has occurred since the regulation was last amended in February 2012 that would necessitate the amendment or repeal of this regulation.

Contact Information: 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-520, Rules and Regulations Governing Testing of Milk for Milkfat, Protein, and Lactose Content by Automated Instrument Methods, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 18, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continuing need for this regulation as it provides for alternative testing methods for determining the composition of milk or other fluid dairy products that are cost-effective to the industry. The agency has not received any complaints or comments concerning the regulation from the public. The regulation is simple and easily understood. The regulation is not mandated by any federal law or regulation but is authorized by and expands upon state law. It does not conflict with any federal or state laws or regulations. No changes to agency or industry practices have occurred that would necessitate any modifications. The most current testing method technologies are supported by this regulation. The economic impact of the regulation on small businesses is favorable in that small laboratory equipment companies can offer for sale alternative testing equipment that meets regulatory guidelines. In addition, the regulation is effective in providing alternative, cost-effective testing methods for determining the composition of milk or other fluid dairy products. Therefore, the agency has determined that the regulation should be retained in its current form.

Contact Information: 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.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on December 7, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number One Hundred Sixty-Two (16)

Virginia Lottery's "Farm Fresh Season's Winnings Promotion" Final Rules for Operation (effective December 1, 2016, through the end promotion date)

Director's Order Number One Hundred Sixty-Three (16)

Virginia Lottery's Scratch Game 1729 "Diamond Dig" Final Rules for Game Operation (effective November 18, 2016)

Director's Order Number One Hundred Sixty-Four (16)

Virginia Lottery's "Farm Fresh Big Money Super Ticket Promotion" Final Rules for Operation (effective February 1, 2017, through the end promotion date)

Director's Order Number One Hundred Sixty-Five (16)

Virginia Lottery's Scratch Game 1670 "Jumbo Bucks" Final Rules for Game Operation (effective November 18, 2016)

Director's Order Number One Hundred Sixty-Six (16)

Virginia Lottery's "2017 Super Teacher Awards Contest" Final Rules for Operation (effective January 2, 2017)

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Bland Development Corporation

An enforcement action has been proposed for Bland Development Corporation for violations at Eagle Preserve at Jordan on the James in Prince George, Virginia. The State Water Control Board proposes to issue a special order by consent to Bland Development Corporation 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 December 26, 2016, to January 25, 2017.

Proposed Consent Order for Harrisonburg Port Road Station Tanks 450, LLC (Port Road)

An enforcement action has been proposed for Harrisonburg Port Road Station Tanks 450, LLC (Port Road) for violations at Valley's 21 in Harrisonburg, Virginia. The State Water Control Board proposes to issue a consent order to Port Road for 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. 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, P.O. Box 3000, Harrisonburg, VA 22801, from December 26, 2016, to January 25, 2017.

Proposed Enforcement Action for Amadas Industries, Inc.

An enforcement action has been proposed for Amadas Industries, Inc. (Suffolk) for alleged violations of the 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. Jennifer Coleman, Esq. will accept comments by email at jennifer.coleman@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 December 26, 2016, to January 27, 2017.

Proposed Enforcement Action for Marple Run LLC

An enforcement action has been proposed for Marple Run LLC, for Marple Run Subdivision in Hampton, Virginia, for violations of the 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. Russell Deppe will accept comments by email at russell.deppe@deq.virginia.com, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from December 26, 2016, to January 25, 2017.

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

ALCOHOLIC BEVERAGE CONTROL BOARD

Title of Regulation: 3VAC5-70. Other Provisions.

Publication: 33:8 VA.R. 786-788 December 12, 2016.

Correction to Fast-Track Regulation:

Page 788, 3VAC5-70-20, subsection C, end of line 7, after "7.0%" delete "of" and insert "or"

VA.R. Doc. No. R17-4756; Filed December 15, 2016, 11:47 a.m.

STATE BOARD OF HEALTH

Title of Regulation: 12VAC5-431. Sanitary Regulations for Hotels.

Publication: 17:22 VA.R. 3259-3269 July 16, 2001.

Correction to Proposed Regulation:

Page 3268, 12VAC5-431-390, after "specified in" delete "12VAC5-430-30" and insert "12VA 5-431-30"

Page 3268, 12VAC5-431-400, subsection A, after "specified in" delete "12VAC5-430-30" and insert "12VAC5-431-30"

VA.R. Doc. No. R94-256; Filed December 14, 2016, 12:24 p.m.