GENERAL NOTICES/ERRATA
Vol. 34 Iss. 13 - February 19, 2018

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and Consumer Services is currently reviewing each of the regulations listed below to determine whether it should be repealed, amended, or retained in its current form.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

2VAC5-210, Rules and Regulations Pertaining to Meat and Poultry Inspection under the Virginia Meat and Poultry Products Inspection Act

Agency Contact: Barry Jones, Program Manager, Office of Meat and Poultry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4569, FAX (804) 786-1003, or email barry.jones@vdacs.virginia.gov.

2VAC5-410, Rules and Regulations for the Enforcement of the Virginia Agricultural Liming Materials Law

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.

2VAC5-690, Regulations for Pesticide Containers and Containment under Authority of the Virginia Pesticide Control Act

Agency Contact: Liza Fleeson Trossbach, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-6559, FAX (804) 371-2283, or email liza.fleeson@vdacs.virginia.gov.

The comment period begins February 19, 2018, and ends March 12, 2018.

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 BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Variance to Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115)

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing an opportunity for public comment on the application for a proposed variance to the Human Rights Regulations. The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application must reference the specific part of the regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application must also describe time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each variance application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of the Virginia Register.

Purpose of notice: DBHDS is seeking comment on the application for the following proposed variance to the Human Rights Regulations at one private provider.

Variance to Procedures for Restrictions on Freedoms of Everyday Life:

12VAC35-115-100 A 1 a: Newport News Behavioral Health Center is requesting a variance to this provision in order to utilize a point level system (Behavior Management Model) affecting movement of an individual within the service setting, grounds, and community. It would require an individual to earn points through a level system.

Variances to the Human Rights Regulations by providers are reviewed by the State Human Rights Committee (SHRC) at least annually, with reports to the SHRC regarding the variances as requested. This proposed variance is expected to be considered by the SHRC at its meeting on April 20, 2018, at the Piedmont Geriatric Hospital in Burkeville, Virginia. The request is that the variance be granted for a three-year period, with annual updates to the SHRC and quarterly review by the local human rights committee.

Public comment period: February 19, 2018, through March 21, 2018.

How to comment: DBHDS accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS by the last day of the comment period. All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 371-2308, or email deb.lochart@dbhds.virginia.gov.

DEPARTMENT OF HEALTH

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health is conducting a periodic review and small business impact review of 12VAC5-191, State Plan for the Children with Special Health Care Needs Program. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins February 19, 2018, and ends March 12, 2018.

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 Marcus Allen, Children and Youth with Special Health Care Needs Program Manager, 109 Governor Street, Richmond, VA 23221, telephone (804) 864-7716, FAX (804) 864-7771, or email marcus.allen@vdh.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.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on January 30, 2018. The orders may be viewed at the Virginia Lottery, 600 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia.

Director's Order Number Five (18)

Virginia Lottery's "Hoops" Promotion Final Rules for Operation (effective January 22, 2018)

Director's Order Number Seven (18)

Virginia Lottery "7-Eleven Mass Market Battle Madness" (effective April 1, 2018)

Director's Order Number Eight (18)

Virginia Lottery "Wawa Sports Partnership" Retailer Promotion (effective April 1, 2018)

Director's Order Number Nine (18)

Certain Virginia Scratch Game Lotteries: End of Games

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on January 12, 2018:

Game 1846

Merry Multiplier

Game 1843

Peppermint Double Match

Game 1842

Holiday Dreams

Game 1806

Spooky Cash (TOP)

Game 1792

Double Doubler

Game 1791

Pick 3

Game 1778

Corvette (TOP)

Game 1765

Virginia's $250,000 Double Play (TOP)

Game 1761

Blackjack

Game 1759

Big Money Super Tickets

Game 1751

$1,000 Mayhem

Game 1749

$500 Mayhem

Game 1747

$100 Mayhem (TOP)

Game 1745

$50 Mayhem

Game 1743

$40,000 Taxes Paid

Game 1729

Diamond Dig

Game 1718

Win It All Doubler

Game 1677

Gold Coin Crossword

Game 1612

50X The Money (TOP)

The last day for lottery retailers to return for credit unsold tickets from any of these games will be February 27, 2018. The last day to redeem winning tickets for any of these games will be July 11, 2018, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation July 11, 2018, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 600 East Main Street, Richmond, Virginia, and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 600 East Main Street, Richmond, Virginia 23219.

This Director's Order becomes effective on January 8, 2018, and shall remain in full force and effect unless amended or rescinded by further Director's Order.

Director's Order Number Ten (18)

Certain Virginia Promotion; Availability Correction - Debit Lunch Bag Retailer Incentive Promotion (164 2017) The correction amends the order due to an unexpected delay in the availability of the debit card payment option at Lottery vending machines. This Director's Order is effective nunc pro tunc to January 1, 2018, and shall remain in full force and effect unless amended or rescinded by further Director's Order.

Director's Order Number Nineteen (18)

Virginia Lottery's Super Crossword Promotion Final Rules for Operation (effective February 6, 2018)

BOARD OF MEDICAL ASSISTANCE SERVICES

Commonwealth Coordinated Care Plus Waiver (Appendix F) Draft for Stakeholder Input

Comment period: January 24, 2018, to February 23, 2018.

The draft version of Appendix F of the CCC Plus Waiver (formerly the Elderly or Disabled with Consumer Direction (EDCD) and Technology Assisted Waivers) Provider Manual is posted on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/Content_pgs/pd-pmnl.aspx for public comment through February 23, 2018. Please note that the CCC Plus Waiver Appendix F is a complete revision of the EDCD Appendix F manual. Please see the overview below for more details.

Overview of Changes: The purpose of this update is to notify providers of procedural changes for annual level of care reviews (LOCERI), effective March 1, 2018. These changes will improve efficiencies in the annual level of care (LOC) notifications, submissions, and tracking.

Appendix F of the CCC Plus Waiver Provider Manual will be finalized and officially posted by March 1, 2018 at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManuals.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

BOARD OF PHARMACY

Scheduling of Chemicals in Schedule I of the Drug Control Act

Comment period: January 17, 2018, to March 29, 2018.

Pursuant to § 54.1-3443 D of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The public hearing will be conducted at 9:05 a.m. on March 29, 2018, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233. Public comment may also be submitted electronically or in writing prior to December 1, 2017, to Caroline Juran, Executive Director of the Board of Pharmacy, to caroline.juran@dhp.virginia.gov.

The Virginia Department of Forensic Science (DFS) has identified seven compounds for recommended inclusion into the Code of Virginia.

The following compounds are classified as research chemicals. Compounds of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. 2-(ethylamino)-2-phenyl-cyclohexanone (other name: deschloro-N-ethyl-ketamine), its optical, position, and geometric isomers, salts, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

2. 3,4-methylenedioxy-N-tert-butylcathinone, its optical, position, and geometric isomers, salts, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

3. 4-fluoro-N-ethylamphetamine, its optical, position, and geometric isomers, salts, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

4. Beta-keto-4-bromo-2,5-dimethoxyphenethylamine (other name: bk-2C-B), its optical, position, and geometric isomers, salts, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The following compounds are powerful synthetic opioids. Compounds of this type have been placed in Schedule I (subdivision 1 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-butenamide (other name: Crotonyl fentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

2. 2-(3,4-dichlorophenyl)-N-[2-(dimethylamino)cyclohexyl]-N-methylacetamide (other name: U-51754), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

3. N-phenyl-N-[4-phenyl-1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name: 4-phenylfentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Commercial Ready Mix Products Inc.

An enforcement action has been proposed for Commercial Ready Mix Products Inc. for violations at its facility in Emporia, Virginia. The State Water Control Board proposes to issue a special order by consent to Commercial Ready Mix Products Inc. 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. Kristen Sadtler will accept comments by email at kristen.sadtler@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 February 19, 2018, to March 22, 2018.

Proposed Consent Order for Hampton Roads Sanitation District

An amended enforcement action has been proposed for Hampton Roads Sanitation District's (HRSD) acquisition of the Town of Surry's (the Town) Wastewater Treatment Plant located at 11463 Rolfe Highway in Surry, Virginia. The purpose of this amendment is to change the name of the responsible party from the Town to HRSD, to establish a schedule to transfer the Town's discharge, and to reestablish certain interim limits of the consent order issued to the Town on June 25, 2010, and amended October 3, 2013. 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) 698-4277, or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from February 19, 2018, to March 22, 2018.

Proposed Consent Order for Magnolia Green Subdivision

An enforcement action has been proposed for 6801 Woolridge Road - Moseley LP for the Magnolia Green Subdivision located north of U.S. Route 360 (Hull Street Road) and west of State Route 667 (Otterdale Road) in Chesterfield County, Virginia. The State Water Control Board proposes to issue a consent order to address noncompliance with 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. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from February 19, 2018, to March 22, 2018.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.virginia.gov.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/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

BOARD OF CORRECTIONS

Title of Regulation: 6VAC15-81. Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities.

Publication: 34:12 VA.R. 1172-1218 February 5, 2018

Correction to Final Regulation:

Page 1174, 6VAC15-81-20, column 2, definition of "Minor renovation project," line 3, after "than" change "$1" to "$5"

VA.R. Doc. No. R16-4552; Filed January 24, 2018

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-665. Child Care Program.

Publication: 34:12 VA.R. 1262-1305 February 5, 2018

Correction to Proposed Regulation:

Page 1282, 22VAC40-665-240 L, line 3, after "children" change "less than" to "over"

VA.R. Doc. No. R16-4602; Filed February 8, 2018