PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 36 Iss. 18 - April 27, 2020

TITLE 2. AGRICULTURE

DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review:

2VAC5-30, Rules and Regulations Pertaining to Reporting Requirements for Contagious and Infectious Diseases of Livestock and Poultry in Virginia

2VAC5-40, Rules and Regulations Governing the Prevention, Control and Eradication of Bovine Tuberculosis in Virginia

2VAC5-90, Control and Eradication of Pullorum Disease and Fowl Typhoid in Poultry Flocks and Hatcheries and Products Thereof in Virginia

2VAC5-141, Health Requirements Governing the Admission of Agricultural Animals, Pet Animals, and Other Animals or Birds into Virginia

2VAC5-150, Rules and Regulations Governing the Transportation of Companion Animals

2VAC5-170, Rules and Regulations for the Registration of Poultry Dealers

2VAC5-206, Regulation for Scrapie Eradication

2VAC5-620, Regulations Pertaining to the Establishment of the Dangerous Dog Registry

Contact Information: Carolyn Bissett, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483, FAX (804) 371-2380, TDD (800) 828-1120, or email carolynn.bissett@vdacs.virginia.gov.

2VAC5-310, Rules and Regulations-Official Standards for Enforcement of the Virginia Apples: Grading, Packing, and Marking Law

Contact Information: Dennis P. Clary, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1933, FAX (804) 371-7785, TDD (800) 828-1120, or email dennis.clary@vdacs.virginia.gov.

2VAC5-315, Virginia Imported Fire Ant Quarantine for Enforcement of the Virginia Pest Law

2VAC5-317, Regulations for Enforcement of the Noxious Weeds Law

2VAC5-440, Rules and Regulations for Enforcement of the Virginia Pest Law - Cotton Boll Weevil Quarantine

Contact Information: David Gianino, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.

2VAC5-490, Regulations Governing Grade "A" Milk

2VAC5-501, Regulations Governing the Cooling, Storing, Sampling and Transporting of Milk

2VAC5-510, Rules and Regulations Governing the Production, Processing, and Sale of Ice Cream, Frozen Desserts, and Similar Products

2VAC5-531, Regulations Governing Milk for Manufacturing Purposes

2VAC5-590, Rules and Regulations Pertaining to Tolerances and Prohibitions Applicable to Ground Beef

Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8899, FAX (804) 371-7792, TDD (800) 828-1120, or email ryan.davis@vdacs.virginia.gov.

2VAC5-610, Rules Governing the Solicitation of Contributions

Contact Information: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3983, FAX (804) 371-7479, TDD (800) 828-1120, or email michael.menefee@vdacs.virginia.gov.

2VAC5-670, Regulations Governing Pesticide Product Registration, Handling, Storage, and Disposal under Authority of the Virginia Pesticide Control Act

2VAC5-675, Regulations Governing Pesticide Fees Charged by the Department of Agriculture and Consumer Services

2VAC5-680, Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act

2VAC5-685, Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act

Contact Information: 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, TDD (800) 828-1120, or email liza.fleeson@vdacs.virginia.gov.

The review of these regulations will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether these regulations should be repealed, amended, or retained in their current forms. Public comment is sought on the review of any issue relating to these regulations, including whether each 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.

Public comment period begins April 27, 2020, and ends May 18, 2020.

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 Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

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TITLE 4. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

BOARD OF CONSERVATION AND RECREATION

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Conservation and Recreation conducted a periodic review and a small business impact review of 4VAC3-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated March 31, 2020, to support this decision.

The regulation meets the criteria set out in Executive Order 14 (as amended July 16, 2018) as it is necessary for the protection of public health, safety, and welfare of the citizens and visitors to the Commonwealth. The board is retaining the regulation without making changes.

The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.

Contact Information: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, FAX (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

DEPARTMENT OF CONSERVATION AND RECREATION

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Conservation and Recreation conducted a periodic review and a small business impact review of 4VAC5-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated April 7, 2020, to support this decision.

The regulation meets the criteria set out in Executive Order 14 (as amended July 16, 2018) as it is necessary for the protection of public health, safety, and welfare of the citizens and visitors to the Commonwealth. The board is retaining the regulation as it is without making changes.

The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.

Contact Information: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, FAX (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

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TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 9VAC5-160, Regulation for General Conformity. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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.

Public comment period begins April 27, 2020, and ends May 18, 2020.

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 Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Gary E. Graham, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 689-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

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TITLE 11. GAMING

CHARITABLE GAMING BOARD

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 11VAC15-13, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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.

Public comment period begins April 27, 2020, and ends May 18, 2020.

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 Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.virginia.gov.

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TITLE 17. LIBRARIES AND CULTURAL RESOURCES

DEPARTMENT OF HISTORIC RESOURCES

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Historic Resources conducted a periodic review and a small business impact review of 17VAC10-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated March 31, 2020, to support this decision.

This regulation meets the criteria set out in Executive Order 14 (as amended, July 16, 2018) as the regulation is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable.

This regulation satisfies the provisions of the law and legally binding state requirements and is effective in meeting its goals. The regulation is, therefore, being retained without amendment.

This regulation continues to be needed to meet the requirements of state law and regulations concerning public participation guidelines. No complaints or comments have been received concerning the content of the regulation or its complexity. The regulation sets out the state requirements for public participation and does not overlap, duplicate, or conflict with other state laws or regulations.

Contact Information: Stephanie Williams, Deputy Director, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6082, or email stephanie.williams@dhr.virginia.gov.

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TITLE 22. SOCIAL SERVICES

DEPARTMENT FOR THE BLIND AND
VISION IMPAIRED

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Vision Impaired (DBVI) conducted a periodic review and a small business impact review of 22VAC45-20, Regulations to Govern the Operation of Vending Facilities in Public Buildings and Other Property, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated March 27, 2020, to support this decision.

This regulation meets the criteria set out in Executive Order 14 (as amended July 2018) because it authorizes DBVI to operate vending stands and other business enterprises in public and private buildings for the purpose of providing individuals who are blind with employment, enlarging the economic opportunities, and stimulating individuals who are blind to make themselves self-supporting. Additionally, it directs DBVI to set aside or cause to be set aside from the net proceeds of the operations authorized funds as may be necessary for the purposes of (i) maintenance and replacement of equipment, (ii) purchase of new equipment, (iii) management services, (iv) assurance of a fair minimum return to vendors, and (v) establishment and maintenance of retirement or pension funds, health insurance contributions, and the provision for paid sick leave and vacation time in accordance with the Randolph-Sheppard Act Amendment of 1974 (P.L. 93-516). Though detailed in nature, 22VAC45-20 is easy to read and understand.

DBVI will leave this regulation as it exists currently.

22VAC45-20 is required for DBVI to be in compliance with §§ 2.2-2007.1, 2.2-4017, and 51.5-78 and Executive Order 14 (as amended July 2018). The agency has not received any complaints or other comments concerning the regulation.

22VAC45-20 describes requirements for the operation of a Business Enterprise for the Blind. This regulation was last evaluated in 2018 and 2019 when DBVI initiated a fast-track regulatory action that, among other things, revised language regarding the frequency of setting aside funds and distribution of income to blind vendors from quarterly to at least quarterly to reflect federal language. The regulation does not conflict with state or federal regulation. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. There are no substantial changes in technology, economic conditions, or other factors that affect the importance of implementation of the regulation.

Economic impact on small business generally is negligible because the regulation pertains specifically to the operation of vending facilities in public buildings and other property by individuals who are blind.

Contact Information: Susan K. Davis, Regulatory Coordinator, Department for the Blind and Vision Impaired, 397 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, FAX (804) 371-3157, TDD (804) 371-3140, or email susan.davis@dbvi.virginia.gov.