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. 34:8 VA.R.
763-832 December 11, 2017, refers to Volume 34, Issue 8, pages 763 through
832 of the Virginia Register issued on
December 11, 2017.
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 A. "Jay" Leftwich, Vice Chair;
Ryan T. McDougle; Nicole Cheuk; Rita Davis; Leslie L. Lilley; Thomas M.
Moncure, Jr.; Christopher R. Nolen; Charles S. Sharp; Samuel T. Towell; Malfourd
W. Trumbo.
Staff
of the Virginia Register: Karen
Perrine, Registrar of Regulations; Anne Bloomsburg, Assistant
Registrar; Nikki Clemons, Regulations Analyst; Rhonda Dyer,
Publications Assistant; Terri Edwards, Senior Operations Staff
Assistant.
PUBLICATION SCHEDULE AND DEADLINES
Vol. 36 Iss. 16 - March 30, 2020
April 2020 through May 2021
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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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36:17
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March 25, 2020
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April 13, 2020
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36:18
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April 8, 2020
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April 27, 2020
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36:19
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April 22. 2020
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May 11, 2020
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36:20
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May 4, 2020 (Monday)
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May 25, 2020
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36:21
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May 20, 2020
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June 8, 2020
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36:22
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June 3, 2020
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June 22, 2020
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36:23
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June 17, 2020
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July 6, 2020
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36:24
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July 1, 2020
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July 20, 2020
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36:25
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July 15, 2020
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August 3, 2020
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36:26
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July 29, 2020
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August 17, 2020
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37:1
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August 12, 2020
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August 31, 2020
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37:2
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August 26, 2020
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September 14, 2020
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37:3
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September 9, 2020
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September 28, 2020
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37:4
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September 23, 2020
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October 12, 2020
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37:5
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October 7, 2020
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October 26, 2020
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37:6
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October 21, 2020
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November 9, 2020
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37:7
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November 4, 2020
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November 23, 2020
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37:8
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November 16, 2020 (Monday)
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December 7, 2020
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37:9
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December 2, 2020
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December 21, 2020
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37:10
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December 14, 2020 (Monday)
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January 4, 2021
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37:11
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December 28, 2020 (Monday)
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January 18, 2021
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37:12
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January 13, 2021
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February 1, 2021
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37:13
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January 27, 2021
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February 15, 2021
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37:14
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February 10, 2021
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March 1, 2021
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37:15
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February 24, 2021
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March 15, 2021
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37:16
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March 10, 2021
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March 29, 2021
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37:17
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March 24, 2021
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April 12, 2021
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37:18
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April 7, 2021
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April 26, 2021
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37:19
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April 21, 2021
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May 10, 2021
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*Filing deadlines are Wednesdays
unless otherwise specified.
PETITIONS FOR RULEMAKING
Vol. 36 Iss. 16 - March 30, 2020
TITLE
18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Initial Agency Notice
Title of Regulation:
18VAC85-101. Regulations Governing the Practice of Radiologic Technology.
Statutory Authority: § 54.1-2400
of the Code of Virginia.
Name of Petitioner: Virginia Society of Radiologic
Technologists.
Nature of Petitioner's Request: To amend sections on
renewal, reinstatement, or reactivation to require a licensee to hold current American
Registry of Radiologic Technologists or Nuclear Medicine Technology Certification
Board credentials in good standing for biennial renewal, reinstatement, or
reactivation of one's license under the Board of Medicine.
Agency Plan for Disposition of Request: In accordance
with Virginia law, the petition will be filed with the Registrar of Regulations,
published on March 30, 2020, and posted on the Virginia Regulatory Town Hall at
www.townhall.virginia.gov.
Comment on the petition will be requested until April 29, 2020, and may be
posted on the Town Hall or sent to the board. Following receipt of all comments
on the petition to amend regulations, the matter will be considered by the
Advisory Board on Radiologic Technology and by the full board at their meetings
in June of 2020.
Public Comment Deadline: April 29, 2020.
Agency Contact: William L. Harp, M.D., Executive
Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233,
telephone (804) 367-4558, or email william.harp@dhp.virginia.gov.
VA.R. Doc. No. R20-26 Filed February 26, 2020, 12:03 p.m.
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TITLE 24. TRANSPORTATION AND
MOTOR VEHICLES
COMMISSION ON THE VIRGINIA ALCOHOL
SAFETY ACTION PROGRAM
Agency Decision
Title of Regulation: 24VAC35-30.
VASAP Case Management Policy and Procedure Manual.
Statutory Authority: § 18.2-270.2 of the Code of
Virginia.
Name of Petitioner: Cynthia Ellen Hites.
Nature of Petitioner's Request: "I, Cynthia Hites,
citizen of the Commonwealth of Virginia, pursuant to § 2.2-4007 of the
Code of Virginia, do humbly submit this petition for the following amendment to
Virginia Administrative Code 24VAC35-30-150. Currently, Alcohol Safety Action
Program (ASAP) case managers can deny citizens' right to due process by
choosing to restart an ASAP client's court imposed ignition interlock sentence.
Upon suspicion of an ignition interlock violation, ASAP case managers should
initiate a non-compliance hearing for that offender. However, ASAP case
managers are usurping the jurisdiction of the court, endowed by
§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia, by personally
altering or extending the sentences of their clients. ASAP case managers serve
in a probationary capacity, and as such, are precluded from considering
evidence surrounding ignition interlock violation accusations. Despite this,
ASAP case managers are choosing to impose punishment on citizens without the
benefit of a trial. The current verbiage of the statute is as follows:
'24VAC35-30-150. Reporting. ASAPs shall work with the courts and service
providers to establish reports essential to the probationary function of the
case manager.' To clarify for all ASAP and VASAP personnel, and reiterate
wherein lies judicial authority, I request the addition of the following
language to 24VAC35-30-150: '24VAC35-30-150. Reporting. ASAPs shall work with
the courts and service providers to establish reports essential to the
probationary function of the case manager. Under no circumstance shall an ASAP
case manager alter any court-imposed sentence, or attempt to personally
adjudicate a suspected ignition interlock violation.' This simple change will
help protect Virginians from being unjustly penalized before all evidence and
accusations against them can be presented in a court of law."
Agency Decision: Request denied.
Statement of Reason for Decision: The Commission on the Virginia Alcohol
Safety Action Program considered this petition at its December 13, 2019,
quarterly meeting and decided to take no action on the petitioner's request.
Agency Contact: Richard
Foy, Regulatory Coordinator, Commission on the Virginia Alcohol Safety Action
Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone
(804) 786-5895, or email rfoy@vasap.virginia.gov.
VA.R. Doc. No. R19-32 Filed March 10, 2020, 2:57 p.m.
Initial Agency Notice
Title of Regulation:
24VAC35-60. Ignition Interlock Regulations.
Statutory Authority: § 18.2-270.2
of the Code of Virginia.
Name of Petitioner: Cynthia Hites.
Nature of Petitioner's Request: "I, Cynthia Hites, a citizen of the
Commonwealth of Virginia, pursuant to § 2.2-4007 of the Code of Virginia,
do humbly submit this petition for the following amendment to the specific
verbiage within Virginia Administrative Code 24VAC35-60-70, F, 6: \"The
results of the test shall be noted through the use of green, yellow, and red
signals or similar pass/fail indicators. No digital blood alcohol concentration
shall be indicated to the offender.\" With the insertion of the word
\"warn,\" I request the statute be amended to read: \"The
results of the test shall be noted through the use of green, yellow, and red
signals, or similar pass/warn/fail indicators. No digital blood alcohol
concentration shall be indicated to the offender.\" ASAPs can cite an
offender with a violation if that offender fails to reach \"zero\"
BrAC within 15 minutes of a failed IID reading. The problem lies in the fact
that, currently, the State and the Interlock companies operate on two separate
standards of \"zero.\" Most people assume a Virginia ignition
interlock prevents a car from starting when alcohol is detected. This is not
true. In the small window between .000 and .02, a green light comes on, the IID
display reads \"Start Engine,\" the car is permitted to start, and
the printed datalog reads \"Standing Pass.\" The problem is, that
without a yellow caution light, <.02, when the green light is displayed
and the car starts, the driver can only assume they\'ve reached zero and cleared
the violation. No one has any idea they need more blows to reach zero and avoid
a violation. This is why the law says \"green, yellow and red,\"
because without the yellow, the disparity between the two standards of zero
leaves open a small \"window of fraud.\" This allows an ASAP to claim
an accusation of \"At 2:13 p.m. a BAC reading of 0.035 was
registered. It was not cleared to zero within 15 minutes.\" When, really,
at 2:13 p.m. a .035 reading was indeed registered, however at
2:18 p.m. a .016 pass is logged, and a subsequent .012 passing test is
recorded before turning off the car. This client and the passenger never saw a
yellow light on the Alcolock device. They had no idea they didn\'t reach zero,
and this pending case wasn\'t filed until almost 6 months after the event. I
also experienced yellow light fraud. While 2 months sober, on July 21, 2016 a
failed rolling retest with a BrAC of 0.058, plummeted within nine minutes to a
passing .019. This could not be ethanol, and it PASSING, yet it was considered
a violation. I coincidentally have a video of the entire event. The green light
appearing, the \"Start Car\" message, and my confusion as to what was
occurring. The yellow caution light is shown and explained in the Alcolock LR
Instruction Manual, and the Alcolock training video echoes the same device
feature. \"Depending on your jurisdiction, if your breath sample contains
an amount of alcohol over the warning threshold but not enough alcohol to fail
a test, the handset will indicate \"Caution\" and the indicator light
will turn yellow. Please note that if you are aware your alcohol level is
rising when you receive a \"Caution\" do not start the vehicle engine
since you are not likely to pass a retest and it may not be safe to drive. When
you receive a \"Caution\" message, you will have two options. You may
wait 5 minutes and try the test again if you are certain there is no alcohol in
your body, or you may press the bottom button to acknowledge that you intend to
drive with alcohol in your system. If your breath sample contains an amount of
alcohol above the fail level the handset will indicate a \"Lockout\"
message with a timer...\" Relying upon a non-ethanol-specific device, with
its yellow caution light disabled, the ASAPs are able to cooperate with IID
companies to violate totally compliant and unsuspecting citizens. Couple the
absence of the yellow light, with automatically restarting 6 month IID time,
and filing violations late, offenders are allowed to be suspended in a
perpetual, indefensible loop, while their fees get divvied between the
respective IID company, VASAP and ASAPs. It\'s an unsettling cooperation
between the State and the contracted vendors, and perhaps amending the wording
of law will prompt companies to comply with what\'s already mandated. The
enigmatic yellow caution light."
Agency Plan for Disposition of Request: This petition will be considered by the
Commission on the Virginia Alcohol Safety Action Program at its quarterly
meeting on June 5, 2020.
Public Comment Deadline: May 29, 2020.
Agency Contact: Richard
Foy, Regulatory Coordinator, Commission on the Virginia Alcohol Safety Action
Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone
(804) 786-5895, or email rfoy@vasap.virginia.gov.
VA.R. Doc. No. R20-27 Filed March 10, 2020, 5:27 p.m.
PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 36 Iss. 16 - March 30, 2020
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-190, Variance for Merck Stonewall Plant, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated February 21, 2020, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
This regulation continues to be needed to allow Merck to use compliance with a prevention of significant deterioration (PSD) permit as an alternate demonstration of compliance with provisions of the regulations of the State Air Pollution Control Board. It provides a cost-effective means of fulfilling ongoing state and federal requirements that protect air quality.
There were no public comments received that requested a change to the regulation. The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation was last reviewed in 2001. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This variance continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.
This variance is specific to the Merck Stonewall Plant and has been implemented based on the Environmental Protection Agency's site-specific PSD rule (40 CFR 52.2454) for the Merck Stonewall Plant. The department does not believe that Merck meets the definition of a "small business" as defined by § 2.2-4007.1 of the Code of Virginia; therefore, the regulation does not impact small businesses.
Contact Information: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.
VIRGINIA WASTE MANAGEMENT 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 regulations are undergoing a periodic review: 9VAC20-20, Schedule of Fees for Hazardous Waste Facility Site Certification; 9VAC20-30, Technical Assistance Fund Administrative Procedures; 9VAC20-40, Administrative Procedures for Hazardous Waste Facility Site Certification; and 9VAC20-150, Waste Tire End User Reimbursement Regulation. 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 March 30, 2020, and ends April 20, 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: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
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: 9VAC20-50, Hazardous Waste Facility Siting Criteria. 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 March 30, 2020, and ends April 20, 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: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4019, or email cindy.berndt@deq.virginia.gov.
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board conducted a small business impact review of 9VAC25-192, Virginia Pollution Abatement (VPA) Regulation and General Permit for Animal Feeding Operations and Animal Waste Management, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated February 7, 2020, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
This regulation continues to be needed. The regulation provides a streamlined permitting process for pollutant management activities of animal wastes at confined animal feeding operations having 300 or more animal units utilizing a liquid manure collection and storage system. Without this regulation, individual permits would be required to be obtained by the operator, which would cost more to prepare, and the individual permits would contain requirements that are similar to the requirements found in the general permit.
One comment was received from the public; however, the comment pertained to activities regulated by another regulation, not the regulation being reviewed.
This regulation has been developed to protect human health and the environment from impacts from the operation of confined animal feeding operations having 300 or more animal units utilizing a liquid manure collection and storage system. Standard requirements applicable to these types of operations have been included in the general permit. The regulation contains technical standards that must be met by all operations and provides the regulatory community with a consistent set of standards for operations.
The regulation was adopted as required by state law and does not overlap, duplicate, or conflict with state law. The regulation was last issued in 2014 and will expire in 2024. As part of the general permit regulation reissuance, the agency will evaluate changes that are needed to the regulation in response to changes in technology, economic conditions, and other factors that impact the content of the regulation. The agency believes the use of the general permit regulation process minimizes the impact on the regulated community. The use of the general permit minimizes the administrative costs associated with applying for a permit, which minimizes the impact this regulation has on small businesses.
Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF TRANSPORTATION
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: 24VAC30-17, Solicitation and Use of VDOT Buildings and Grounds for Nonwork Purposes; 24VAC30-73, Access Management Regulations; 24VAC30-121, Comprehensive Roadside Management Program; 24VAC30-151, Land Use Permit Regulations; 24VAC30-570, Procedures for Inclusion of Routes into the Non-Interstate Qualifying Network and Virginia Access Systems; and 24VAC30-620, Rules, Regulations, and Rates Concerning Toll and Bridge Facilities. 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 March 30, 2020, and ends April 20, 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: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.
REGULATIONS
Vol. 36 Iss. 16 - March 30, 2020
TITLE 11. GAMING
VIRGINIA RACING COMMISSION
Notice of Extension of Emergency Regulation
Title of Regulation: 11VAC10-47. Historical Horse
Racing (adding 11VAC10-47-10 through 11VAC10-47-200).
Statutory Authority: § 59.1-369 of the Code of Virginia.
Effective Date Extended Through: October 3, 2020.
The Governor approved the request of the Virginia Racing
Commission to extend the expiration date of the emergency regulation for six
months as provided by § 2.2-4011 D of the Code of Virginia. Therefore, the
emergency regulation will continue in effect through October 3, 2020. The
emergency regulation implements Chapter 811 of the 2018 Acts of Assembly, which
authorizes Historical Horst Racing at facilities licensed by the Virginia
Racing Commission throughout the Commonwealth of Virginia. The commission will
begin the process of finalizing the permanent regulation pending completion of
legislative action requiring significant changes to the proposed language. The
emergency regulation was published in 35:5 VA.R. 785-796 October 29, 2018.
Agency Contact: Kimberly Mackey, Regulatory Coordinator,
Virginia Racing Commission, 5707 Huntsman Road, Suite 201-B, Richmond, VA
23250, telephone (804) 966-7406, or email kimberly.mackey@vrc.virginia.gov.
VA.R. Doc. No. R19-5684; Filed March 16, 2020, 7:42 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
Titles of Regulations: 12VAC30-10. State Plan under
Title XIX of the Social Security Act Medical Assistance Program; General
Provisions (amending 12VAC30-10-10, 12VAC30-10-410;
repealing 12VAC30-10-20).
12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).
12VAC30-30. Groups Covered and Agencies Responsible for
Eligibility Determination (amending 12VAC30-30-10).
12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396 et seq.
Effective Date Extended Through: September 17, 2021.
The Governor approved the request of the Department of Medical
Assistance Services to extend the expiration date of the emergency regulations
for six months as provided by § 2.2-4011 D of the Code of Virginia.
Therefore, the emergency regulations will continue in effect through September
17, 2021. The emergency regulations incorporate changes made to the State Plan
for Medical Assistance to implement Medicaid expansion. The extension is
required in order to continue enforcing the legislative mandate set out in the
2018 Appropriation Act, Item 303 SS 4 a. The emergency regulations were
published in 35:25 VA.R. 3028-3044 August 5, 2019.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Policy Division, Department of Medical Assistance Services, 600 East 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. R19-5692; Filed March 16, 2020, 7:41 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
Titles of Regulations: 12VAC30-10. State Plan under
Title XIX of the Social Security Act Medical Assistance Program; General
Provisions (amending 12VAC30-10-10, 12VAC30-10-410;
repealing 12VAC30-10-20).
12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).
12VAC30-30. Groups Covered and Agencies Responsible for
Eligibility Determination (amending 12VAC30-30-10).
12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396 et seq.
Effective Date Extended Through: September 17, 2021.
The Governor approved the request of the Department of Medical
Assistance Services to extend the expiration date of the emergency regulations
for six months as provided by § 2.2-4011 D of the Code of Virginia.
Therefore, the emergency regulations will continue in effect through September
17, 2021. The emergency regulations incorporate changes made to the State Plan
for Medical Assistance to implement Medicaid expansion. The extension is
required in order to continue enforcing the legislative mandate set out in the
2018 Appropriation Act, Item 303 SS 4 a. The emergency regulations were
published in 35:25 VA.R. 3028-3044 August 5, 2019.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Policy Division, Department of Medical Assistance Services, 600 East 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. R19-5692; Filed March 16, 2020, 7:41 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
Titles of Regulations: 12VAC30-10. State Plan under
Title XIX of the Social Security Act Medical Assistance Program; General
Provisions (amending 12VAC30-10-10, 12VAC30-10-410;
repealing 12VAC30-10-20).
12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).
12VAC30-30. Groups Covered and Agencies Responsible for
Eligibility Determination (amending 12VAC30-30-10).
12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396 et seq.
Effective Date Extended Through: September 17, 2021.
The Governor approved the request of the Department of Medical
Assistance Services to extend the expiration date of the emergency regulations
for six months as provided by § 2.2-4011 D of the Code of Virginia.
Therefore, the emergency regulations will continue in effect through September
17, 2021. The emergency regulations incorporate changes made to the State Plan
for Medical Assistance to implement Medicaid expansion. The extension is
required in order to continue enforcing the legislative mandate set out in the
2018 Appropriation Act, Item 303 SS 4 a. The emergency regulations were
published in 35:25 VA.R. 3028-3044 August 5, 2019.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Policy Division, Department of Medical Assistance Services, 600 East 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. R19-5692; Filed March 16, 2020, 7:41 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
Titles of Regulations: 12VAC30-10. State Plan under
Title XIX of the Social Security Act Medical Assistance Program; General
Provisions (amending 12VAC30-10-10, 12VAC30-10-410;
repealing 12VAC30-10-20).
12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).
12VAC30-30. Groups Covered and Agencies Responsible for
Eligibility Determination (amending 12VAC30-30-10).
12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396 et seq.
Effective Date Extended Through: September 17, 2021.
The Governor approved the request of the Department of Medical
Assistance Services to extend the expiration date of the emergency regulations
for six months as provided by § 2.2-4011 D of the Code of Virginia.
Therefore, the emergency regulations will continue in effect through September
17, 2021. The emergency regulations incorporate changes made to the State Plan
for Medical Assistance to implement Medicaid expansion. The extension is
required in order to continue enforcing the legislative mandate set out in the
2018 Appropriation Act, Item 303 SS 4 a. The emergency regulations were
published in 35:25 VA.R. 3028-3044 August 5, 2019.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Policy Division, Department of Medical Assistance Services, 600 East 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. R19-5692; Filed March 16, 2020, 7:41 a.m.
TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Extension of Public Comment Period and Reschedule of Public Hearing
Title of Regulation: 13VAC5-31. Virginia Amusement
Device Regulations (amending 13VAC5-31-20, 13VAC5-31-30,
13VAC5-31-40, 13VAC5-31-75; adding 13VAC5-31-300).
Statutory Authority: § 36-98.3 of the Code of
Virginia.
The Board of Housing and Community Development noticed a public
comment period on amendments to the Virginia Amusement Device Regulations
(13VAC5-31) published in the February 3, 2020, issue of the Virginia Register
of Regulations (36:12 VA.R. 1452-1457 February 3, 2020).
The public comment period has been extended to May 15, 2020, and
commenters will use the Virginia Regulatory Town Hall website at http://www.townhall.virginia.gov/.
Please include the full name of the person commenting and any organization
represented. To be considered, written comments must be submitted using the
Town Hall online comment forum at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=8875
by 11:59 p.m. on May 15, 2020.
A rescheduled public hearing will be held on May 11, 2020, at
10 a.m. at the Virginia Housing Development Authority Virginia Housing Center,
4224 Cox Road, Glen Allen, Virginia 23060. Oral and written comments will be
accepted at the public hearing.
Agency Contact: Kyle Flanders, Senior Policy Analyst,
Department of Housing and Community Development, Main Street Centre, 600 East
Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804)
371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.
VA.R. Doc. No. R19-5883; Filed March 12, 2020,
TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Extension of Public Comment Period and Reschedule of Public Hearing
Title of Regulation: 13VAC5-51. Virginia Statewide
Fire Prevention Code (amending 13VAC5-51-21, 13VAC5-51-31,
13VAC5-51-61, 13VAC5-51-91, 13VAC5-51-130 through 13VAC5-51-135.5,
13VAC5-51-138.4 through 13VAC5-51-141, 13VAC5-51-142 through 13VAC5-51-144.6,
13VAC5-51-144.8 through 13VAC5-51-155; adding 13VAC5-51-138.1).
Statutory Authority: § 27-97 of the Code of
Virginia.
The Board of Housing and Community Development noticed a public
comment period on amendments to the Statewide Fire Prevention Code (13VAC5-51)
published in the February 3, 2020, issue of the Virginia Register of
Regulations (36:12 VA.R. 1457 1581 February 3, 2020).
The public comment period has been extended to May 15, 2020, and
commenters will use the Virginia Regulatory Town Hall website, http://www.townhall.virginia.gov/.
Please include the full name of the person commenting and any organization
represented. To be considered, written comments must be submitted using the
Town Hall online comment forum at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=8878
by 11:59 p.m. on May 15, 2020.
A rescheduled public hearing will be held on May 11, 2020, at
10 a.m. at the Virginia Housing Development Authority Virginia Housing Center,
4224 Cox Road, Glen Allen, Virginia 23060. Oral and written comments will be
accepted at the public hearing.
Agency Contact: Kyle Flanders, Senior Policy Analyst,
Department of Housing and Community Development, Main Street Centre, 600 East
Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804)
371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.
VA.R. Doc. No. R19-5886; Filed March 12, 2020, 2:23 p.m.
TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Extension of Public Comment Period and Reschedule of Public Hearing
Title of Regulation: 13VAC5-63. Virginia Uniform
Statewide Building Code (amending 13VAC5-63-10, 13VAC5-63-20,
13VAC5-63-30, 13VAC5-63-50, 13VAC5-63-60, 13VAC5-63-80, 13VAC5-63-100,
13VAC5-63-120, 13VAC5-63-130, 13VAC5-63-150, 13VAC5-63-160, 13VAC5-63-190
through 13VAC5-63-280, 13VAC5-63-295 through 13VAC5-63-360, 13VAC5-63-400
through 13VAC5-63-440, 13VAC5-63-450, 13VAC5-63-470, 13VAC5-63-480,
13VAC5-63-490, 13VAC5-63-510, 13VAC5-63-520, 13VAC5-63-530, 13VAC5-63-540,
13VAC5-63-545; repealing 13VAC5-63-445).
Statutory Authority: § 36-98 of the Code of
Virginia.
The Board of Housing and
Community Development noticed a public comment period on amendments to the
Virginia Uniform Statewide Building Code (13VAC5-63) published in the February
3, 2020, issue of the Virginia Register of Regulations (36:12 VA.R. 1581-1774
February 3, 2020).
The public comment period has been extended to May 15, 2020, and
commenters will use the Virginia Regulatory Town Hall website at http://www.townhall.virginia.gov/.
Please include the full name of the person commenting and any organization
represented. To be considered, written comments must be submitted using the
Town Hall online comment forum at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=8877
by 11:59 p.m. on May 15, 2020.
A rescheduled public hearing will be held on May 11, 2020, at
10 a.m. at the Virginia Housing Development Authority Virginia Housing Center,
4224 Cox Road, Glen Allen, Virginia 23060. Oral and written comments will be
accepted at the public hearing.
Agency Contact: Kyle Flanders, Senior Policy Analyst,
Department of Housing and Community Development, Main Street Centre, 600 East
Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804)
371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.
VA.R. Doc. No. R19-5887; Filed March 12, 2020, 2:26 p.m.
TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Extension of Public Comment Period and Reschedule of Public Hearing
Title of Regulation: 13VAC5-91. Virginia
Industrialized Building Safety Regulations (amending 13VAC5-91-10, 13VAC5-91-20, 13VAC5-91-150,
13VAC5-91-160, 13VAC5-91-260).
Statutory Authority: § 36-73 of the Code of
Virginia.
The Board of Housing and Community Development noticed a public
comment period on amendments to the Virginia Industrialized Building Safety
Regulations (13VAC5-91) published in the February 3, 2020, issue of the
Virginia Register of Regulations (36:12 VA.R. 1747-1750 February 3, 2020).
The public comment period has been extended to May 15, 2020, and
commenters will use the Virginia Regulatory Town Hall website at http://www.townhall.virginia.gov/.
Please include the full name of the person commenting and any organization
represented. To be considered, written comments must be submitted using the
Town Hall online comment forum at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=8876
by 11:59 p.m. on May 15, 2020.
A rescheduled public hearing will be held on May 11, 2020, at
10 a.m. at the Virginia Housing Development Authority Virginia Housing Center,
4224 Cox Road, Glen Allen, Virginia 23060. Oral and written comments will be
accepted at the public hearing.
Agency Contact: Kyle Flanders, Senior Policy Analyst,
Department of Housing and Community Development, Main Street Centre, 600 East
Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804)
371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.
VA.R. Doc. No. R19-5885; Filed March 12, 2020, 2:28 p.m.
TITLE 14. INSURANCE
STATE CORPORATION COMMISSION
Proposed 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: 14VAC5-200. Rules Governing
Long-Term Care Insurance (amending 14VAC5-200-125).
Statutory Authority: §§ 12.1-13 and 38.2-223 of the
Code of Virginia.
Public Hearing Information: A public hearing will be
scheduled upon request.
Public Comment Deadline: May 1, 2020.
Agency Contact: Bob Grissom, Chief Insurance Market
Examiner, Bureau of Insurance, State Corporation Commission, P.O. Box 1157,
Richmond, VA 23218, telephone (804) 371-9152, FAX (804) 371-9944, or email bob.grissom@scc.virginia.gov.
Summary:
The proposed amendments remove the due date for annual
long-term care rate reports, which coincides with other deadlines that impact
workloads within the Bureau of Insurance, allowing the bureau to set the date
by administrative letter. The new deadline for the annual rate report is
anticipated to be in September or October of each year.
AT RICHMOND, MARCH 11, 2020
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. INS-2020-00033
Ex Parte: In the matter of Amending Rules
Governing Long-Term Care Insurance
ORDER TO TAKE NOTICE
Section 12.1-13 of the Code of Virginia ("Code")
provides that the State Corporation Commission ("Commission") shall
have the power to promulgate rules and regulations in the enforcement and administration
of all laws within its jurisdiction, and § 38.2-223 of the Code provides
that the Commission may issue any rules and regulations necessary or
appropriate for the administration and enforcement of Title 38.2 of the Code.
The rules and regulations issued by the Commission pursuant
to § 38.2-223 of the Code are set forth in Title 14 of the Virginia
Administrative Code. A copy also may be found at the Commission's website: http://www.scc.virginia.gov/case.
The Bureau of Insurance ("Bureau") has submitted to
the Commission proposed amendments to the Rules at Chapter 200 of Title 14 of
the Virginia Administrative Code entitled "Rules Governing Long-Term Care
Insurance," which amend the Rules at 14 VAC 5-200-125.
The amendments to the Rules are necessary to allow more
flexibility with the due date for the annual long-term care rate report. The
Commission intends to allow the Bureau to set a date by administrative letter
in approximately September or October.
NOW THE COMMISSION is of the opinion that the proposal to
amend the Rules at Chapter 200 of Title 14 of the Virginia Administrative Code
as submitted by the Bureau should be considered for adoption with a proposed
effective date of July 1, 2020.
Accordingly, IT IS ORDERED THAT:
(1) The proposal to amend Chapter 200 of Title 14 of the
Virginia Administrative Code at 14 VAC 5-200-125 is attached hereto
and made a part hereof.
(2) All interested persons who desire to comment in support
of or in opposition to, or request a hearing to oppose amendments to Chapter
200 shall file such comments or hearing request on or before May 1, 2020, with
Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center,
P.O. Box 2118, Richmond, Virginia 23218, and shall refer to Case No.
INS-2020-00033. Interested persons desiring to submit comments electronically
may do so by following the instructions at the Commission's website:
http://www.scc.virginia.gov/case. All comments shall refer to Case No. INS-2020-00033.
(3) If no written request for a hearing on the proposal to
amend rules as outlined in this Order is received on or before May 1, 2020, the
Commission, upon consideration of any comments submitted in support of or in
opposition to the proposal, may adopt amendments to Chapter 200 of Title 14 of
the Virginia Administrative Code as proposed by the Bureau.
(4) The Bureau shall provide notice of the proposal to all
carriers licensed in Virginia to write long-term care insurance and to all
interested persons.
(5) The Commission's Division of Information Resources shall
cause a copy of this Order, together with the proposal to amend rules, to be
forwarded to the Virginia Registrar of Regulations for appropriate publication
in the Virginia Register of Regulations.
(6) The Commission's Division of Information Resources shall
make available this Order and the attached proposal on the Commission's
website: http://www.scc.virginia.gov/case.
(7) The Bureau shall file with the Clerk of the Commission an
affidavit of compliance with the notice requirements of Ordering Paragraph (4)
above.
(8) This matter is continued.
AN ATTESTED COPY hereof shall be sent by the Clerk of the
Commission to: C. Meade Browder, Jr., Senior Assistant Attorney General,
Office of the Attorney General, Division of Consumer Counsel, 202 N. 9th
Street, 8th Floor, Richmond, Virginia 23219-3424; and a copy hereof shall be
delivered to the Commission's Office of General Counsel and the Bureau of
Insurance in care of Deputy Commissioner Julie S. Blauvelt.
14VAC5-200-125. Annual rate reports.
A. Every insurer shall report to the commission annually by
June 30 premium rates for all long-term care insurance policies. The
commission shall establish the due date and post this report to the
Bureau of Insurance's webpage. The rate report shall include:
1. For policies issued on or after October 1, 2003, an
actuarial certification prepared, dated, and signed by a qualified actuary that
provides at least the following information:
a. A statement of the sufficiency of the current premium rate
schedule including:
(1) For policies currently marketed:
(a) The premium rate schedule continues to be sufficient to
cover anticipated costs under moderately adverse experience, consistent with
the margins as defined in the original rate filing or any subsequent rate
filing, and that the premium rate schedule is reasonably expected to be
sustainable over the life of the form with no future premium increases
anticipated; or
(b) If the statement in subdivision 1 a (1) (a) of this
subsection cannot be made, a statement that margins for moderately adverse
experience, consistent with the margins as defined in the original rate filing
or any subsequent rate filing, may no longer be sufficient. In this situation,
the insurer shall submit to the commission within 60 days of the date of the
actuarial certification a plan of action, including a timeframe, for the
reestablishment of adequate margins for moderately adverse experience so that
the ultimate premium rate schedule would be reasonably expected to be
sustainable over the future life of the form with no future premium increases
anticipated. Failure to submit a plan of action to the commission within 60
days or to comply with the timeframe stated in the plan of action constitutes
grounds for withdrawal or modification of approval of the form for future
sales.
(2) For policies that are no longer marketed:
(a) A statement that the premium rate schedule continues to be
sufficient to cover anticipated costs under best estimate assumptions; or
(b) A statement that the premium rate schedule may no longer
be sufficient. The insurer shall submit to the commission within 60 days of the
date of the actuarial certification a plan of action, including a timeframe for
the reestablishment of adequate margins for moderately adverse experience.
b. A description of the review performed that led to the
statement.
c. At least once every three years, an actuarial memorandum
dated and signed by a qualified actuary that supports the actuarial
certification and provides at least the following information:
(1) A detailed explanation of the data sources and review
performed by the actuary prior to making the statement in subdivision 1 a (1)
of this subsection;
(2) A complete description of experience assumptions and their
relationship to the initial pricing assumptions;
(3) A description of the credibility of the experience data;
and
(4) An explanation of the analysis and testing performed in
determining the current presence of margins.
2. For policies issued prior to October 1, 2003, the report
shall include a statement signed by a qualified actuary that a complete
analysis and review of the premium rates was conducted, a description of the
analysis, the date on which the analysis was completed, and any rate action
found to be necessary as a result of the analysis.
B. Reports required in this section shall be based on the
previous calendar year data and filed with the commission no later than June
30 the due date. The commission may request any additional
information that will support the information required in this section.
VA.R. Doc. No. R20-6337; Filed March 11, 2020, 1:41 p.m.
TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Final Regulation
REGISTRAR'S
NOTICE: The following regulatory action is exempt from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of
Virginia, which excludes regulations that are necessary to meet the
requirements of federal law or regulations, provided such regulations do not
differ materially from those required by federal law or regulation. The Safety
and Health Codes Board will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title of Regulation: 16VAC25-90. Federal Identical
General Industry Standards (amending Appendix A to 16VAC25-90-1910.134).
Statutory Authority: § 40.1-22 of the Code of
Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596).
Effective Date: March 31, 2020.
Agency Contact: Holly Trice, Senior Staff Attorney and
Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street,
Suite 207, Richmond, VA 23219, telephone (804) 786-2641, FAX (804) 371-6524, or
email holly.trice@doli.virginia.gov.
Summary:
In a final rule, federal Occupational Safety and Health
Administration approved two additional quantitative fit testing protocols for
inclusion in Appendix A of the Respiratory Protection Standard, including the
modified ambient aerosol condensation nuclei counter (CNC) quantitative fit
testing protocol for full-facepiece and half-mask elastomeric respirators and
the modified ambient aerosol CNC quantitative fit testing protocol for
filtering facepiece respirators. The protocols apply to employers in general
industry, shipyard employment, and the construction industry. In this
regulatory action, the board is adopting this final rule.
Note on Incorporation by Reference: Pursuant to
§ 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety
and Health Standards) is declared a document generally available to the public
and appropriate for incorporation by reference. For this reason, this document
will not be printed in the Virginia Register of Regulations. A copy of this
document is available for inspection at the Department of Labor and Industry,
Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and in the
office of the Registrar of Regulations, 900 East Main Street, 11th Floor,
Richmond, Virginia 23219.
Statement of Final Agency Action: On March 5, 2020, the
Safety and Health Codes Board adopted the federal Occupational Safety and
Health Administration's final rule for Additional Ambient Aerosol CNC
Quantitative Fit Testing Protocols: Respiratory Protection Standard, as
published in 84 FR 50739 through 84 FR 50756 on September 26, 2019, with an
effective date of March 31, 2020.
Federal Terms and State Equivalents: When the
regulations as set forth in the revised Final Rule for the Respiratory
Protection Standard are applied to the Commissioner of the Department of Labor
and Industry or to Virginia employers, the following federal terms shall be
considered to read as follows:
|
Federal Terms
|
VOSH Equivalent
|
|
29 CFR
|
VOSH Standard
|
|
Assistant Secretary
|
Commissioner of Labor and Industry
|
|
Agency
|
Department
|
|
September 26, 2019
|
March 31, 2020
|
VA.R. Doc. No. R20-6294; Filed March 11, 2020, 11:06 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
COMMON INTEREST COMMUNITY BOARD
Forms
REGISTRAR'S NOTICE:
Forms used in administering the regulation have been filed by the agency. The
forms are not being published; however, online users of this issue of the
Virginia Register of Regulations may click on the name of a form with a
hyperlink to access it. The forms are also available from the agency contact or
may be viewed at the Office of the Registrar of Regulations, 900 East Main
Street, 11th Floor, Richmond, Virginia 23219.
Title of Regulation: 18VAC48-45. Time-Share
Regulations.
Contact Information: Joseph C. Haughwout, Jr.,
Regulatory Administrator, Department of Professional and Occupational
Regulation, Perimeter Center, 9960 Mayland Drive, Suite 400, Richmond, VA
23233, telephone (804) 367-2684, or email joseph.haughwout@dpor.virginia.gov.
FORMS (18VAC48-45)
Time-Share Registration/Amendment Application
A492-0515REG-v2 (eff. 10/2018)
Time-Share Annual Report A492-0515ANRPT-v4 (eff. 10/2018)
Time-Share
Registration/Amendment Application A492-0515REG-v3 (eff. 1/2020)
Time-Share
Annual Report A492-0515ANRPT-v5 (eff. 1/2020)
Time-Share Building Status Form A492-0515BLDST-v1
(eff. 9/2013)
Time-Share Bond/Letter of Credit Verification Form
A492-0515BOND-v2 (eff. 10/2018)
Time-Share Exchange Company Annual Report A492-0516ANRPT-v1
(eff. 9/2013)
Time-Share Exchange Company Registration Application
A492-0516REG-v1 (eff. 9/2013)
Alternative Purchase Annual Report A492-0524ANRPT-v1 (eff.
10/2015)
Alternative Purchase Registration Application
A4920524REG-v1 (eff. 10/2015)
Time-Share Reseller Lead Dealer Change Form
A492-0525LDCHG-v1 (eff. 1/2016)
Time-Share Reseller Registration Application
A492-0525REG-v2 (eff. 10/2018)
Time-Share
Bond/Letter of Credit Verification Form A492-0515BOND-v3 (eff. 1/2020)
Time-Share
Exchange Program Registration Application A492-0516REG-v2 (eff. 1/2020)
Time-Share
Exchange Program Annual Report A492-0516ANRPT-v2 (eff. 1/2020)
Alternative
Purchase Registration Application A492-0524REG-v2 (eff. 1/2020)
Alternative
Purchase Annual Report A492-0524ANRPT-v2 (eff. 1/2020)
Time-Share
Reseller Registration Application A492-0525REG-v3 (eff. 1/2020)
Time-Share
Reseller Lead Dealer Change Form A492-0525LDCHG-v2 (eff. 1/2020)
VA.R. Doc. No. R20-6328; Filed March 5, 2020, 2:30 p.m.