Vol. 38 Iss. 11 - January 17, 2022

Chapter 20
Action Withdrawn

Registrar's Notice: The Board for Branch Pilots submitted on September 21, 2021, at 12:32 p.m. a regulatory action certified by the Office of Attorney General as within the board's regulatory authority and appropriate for exemption from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act pursuant to § 2.2-4006 A 4 a of the Code of Virginia, which exempts actions necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. This action was to conform regulation to Chapters 500 and 501 of the 2021 Acts of Assembly, Special Session I. The action was "Certified pursuant to § 2.2-4103 of the Code of Virginia" by the agency regulatory coordinator upon transmittal. The statement of final agency action was provided on a Virginia Regulatory Town Hall Form TH-09 dated September 20, 2021, as "At its meeting on September 13, 2021, the Board authorized staff to file the necessary exempt action to conform the Board for Branch Pilots Regulations."

Title of Regulation: 18VAC45-20. Board for Branch Pilots Regulations (amending 18VAC45-20-5, 18VAC45-20-40).

Statutory Authority: § 54.1-902 of the Code of Virginia.

The Board for Branch Pilots has WITHDRAWN the regulatory action for 18VAC45-20, Board for Branch Pilots Regulations, which was published in 38:4, VA.R. 452-453, October 11, 2021. The action was withdrawn on December 21, 2021.The reason for withdrawal is as provided: "This action must be withdrawn because it was never properly adopted by the Board. Va. Code § 2.2-4103 states, in relevant part, "No regulation or amendment or repeal thereof shall be effective until filed with the Registrar." Because the board never adopted the exempt action, it was never properly filed with the Registrar and, therefore, never became effective. The regulations in effect are those dated December 1, 2012. At its December 10, 2021, meeting, the Board directed staff to withdraw this action. The Board will incorporate the changes required by SB 1406 through the standard regulatory review process at a later date."

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Branch Pilots, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (804) 527-4294, or email

VA.R. Doc. No. R22-5014; Filed December 21, 2021