Periodic Reviews and Small Business Impact Reviews, Vol. 37 Iss. 4 Oct 12, 2020

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 37 Iss. 4 - October 12, 2020

TITLE 1. ADMINISTRATION

TREASURY 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 and a small business impact review: 1VAC75-30, Regulations Governing Escheats, and 1VAC75-40, Unclaimed Property Administrative Review Process. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 October 12, 2020, and ends November 2, 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: Vernita Boone, Treasury Board Secretary, Department of the Treasury, James Monroe Building, 101 North 14th Street, 3rd Floor, Richmond, VA 23219, telephone (804) 371-6011, FAX (804) 225-3187, or email vernita.boone@trs.virginia.gov.

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TITLE 2. AGRICULTURE

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-30, Rules and Regulations Pertaining to Reporting Requirements for Contagious and Infectious Diseases of Livestock and Poultry in Virginia, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 30, 2020, to support this decision.

This regulation provides protection to the livestock and poultry population in Virginia, which are major components of the public food supply, from emerging and foreign animal disease. Since a safe food supply is imperative for the public health, safety, and welfare, it is necessary that this regulation stay in place for the continued protection of the public. The livestock and poultry industries are significant economic sectors in Virginia. The regulation is clearly written and easy to understand.

The agency is recommending that this regulation stay in effect without change.

1. There is a continued need for this regulation because it is important for the livestock and poultry industries. Many animal farms, as well as the processing plants that process the animals, are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk.

2. The agency has not received any complaints or comments about this regulation.

3. This regulation not unnecessarily complex and is easily understood.

4. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

5. There have not been significant changes in technology, economic conditions, or other factors since the regulation was last amended in 2015.

This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Contact Information: Carolynn 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.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-40, Rules and Regulations Governing the Prevention, Control and Eradication of Bovine Tuberculosis in Virginia, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 30, 2020, to support this decision.

This regulation provides protection to the cattle population in Virginia, which is a major component of the public food supply. Since a safe food supply is imperative for the public health, safety, and welfare, it is necessary that this regulation stay in place for the continued protection of the public. The beef and dairy cattle industries are significant economic sectors in Virginia. This regulation is also important to protect the public against the possible spread of tuberculosis from cattle to humans in the event cattle in Virginia were to become infected with bovine tuberculosis. The regulation is clearly written and easy to understand.

The agency is recommending that this regulation stay in effect without change.

1. There is a continued need for this regulation because it is important for the beef and dairy cattle industries. Many beef and dairy farms and processing plants are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk. If Virginia's "bovine tuberculosis free status" is compromised, other states and countries will not purchase Virginia cattle, thereby putting these small businesses at risk of going out of business. Without this regulation, the risk of that happening becomes significantly higher.

2. The agency has not received any comments or complaints about this regulation.

3. This regulation is not unnecessarily complex and is easily understood.

4. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation

5. This regulation last underwent periodic review in 2014, and since that time, there have not been significant changes in technology, economic conditions, or other factors in the area affected by the regulation that would require amendments.

This regulation was promulgated with due concerns for beef and dairy cattle industry and has minimal impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-90, Control and Eradication of Pullorum Disease and Fowl Typhoid in Poultry Flocks and Hatcheries and Products Thereof in Virginia, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 31, 2020, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it provides for the protection of the poultry population in Virginia, which is a major component of the food supply. Since a safe food supply is imperative for the public health, safety, and welfare, it is important that this regulation stay in place for the continued protection of the public. It is clearly written and easy to understand.

The agency is recommending that this regulation stay in effect without change.

1. There is a continued need for this regulation to stay in effect in order to protect poultry species and public health. If the regulation is not retained, then the risk of pullorum disease and fowl typhoid could have a negative impact on small businesses and poultry producers who rely on poultry for the viability of their farms and businesses.

2. The agency has not received any complaints or comments about this regulation.

3. This regulation is not unnecessarily complex and is easily understood.

4. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-141, Health Requirements Governing the Admission of Agricultural Animals, Pet Animals, and Other Animals or Birds into Virginia, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 31, 2020, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it provides for the protection of the animal population in Virginia, which is a major component of the public food supply. Since a safe food supply is imperative for the public health, safety, and welfare, it is important that this regulation stay in place for the continued protection of the public. It is clearly written and easy to understand.

The agency is recommending that this regulation stay in effect without change.

1. There is a continued need for this regulation to stay in effect in order to protect livestock and pet species and public health. If the regulation is not maintained, the risk of disease could have a negative impact on small businesses and producers who rely on livestock for the viability of their farms and businesses.

2. There have been no comments or complaints from the public.

3. The regulation is not unnecessarily complex.

4. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. This regulation is important for the livestock industry and is consistent with federal laws and regulations regarding interstate movement of animals.

5. This regulation was last amended in 2019, and since that time, there have not been any significant changes in technology, economic conditions, or other factors in the area affected by the regulation that would require further amendments.

This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-150, Rules and Regulations Governing the Transportation of Companion Animals, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 31, 2020, to support this decision.

This regulation meets the criteria set out in Executive Order 14 (2010). Regulations concerning the appropriate transportation of companion animals by dealers, animal control officers, and other commercial or public entities are in the best interest of public health and safety. The regulation is clearly written and easily understood.

The agency is recommending that this regulation stay in effect without change.

1. This regulation is important to the pet and shelter industry, and there is continued need to assure that companion animals are transported in an appropriate manner.

2. There have not been complaints or comments about this regulation.

3. The regulation is not complex.

4. This regulation complements federal regulations enacted pursuant to the federal Animal Welfare Act and does not overlap, duplicate, or conflict with federal or state law or regulation.

5. This regulation last underwent periodic review in 2014, and since that time, no significant technological or economic developments have impacted the transportation of companion animals.

This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-170, Rules and Regulations for the Registration of Poultry Dealers, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 31, 2020, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it provides protection to the poultry population in Virginia, which is an important component of Virginia's animal agriculture industry. Since a safe food supply and good poultry health is imperative for the public's health, it is important that this regulation be retained for the continued protection of the public and the poultry industry. The poultry industry is a significant economic sector in Virginia, with broilers being the number one agricultural commodity in the state. The regulation is clearly written and easy to understand.

The agency is recommending that this regulation stay in effect without change.

1. The regulation continues to be necessary because it is important for the viability of the poultry industry in Virginia. Many farms that have poultry are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk. Without this regulation, the risk of disease spread becomes significantly higher and that risk may greatly decrease Virginia's poultry farms and the small businesses that rely on them.

2. There have been no comments or complaints from the public about this regulation.

3. The regulation is not unnecessarily complex and is easily understood.

4. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-206, Regulation for Scrapie Eradication, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 31, 2020, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it provides protection to the sheep and goat population in Virginia, which is an important component of the livestock industry. Since a safe food supply and good livestock health is imperative for the public's health, it is important that this regulation stay in place for the continued protection of the public and the sheep and goat population. The sheep and goat industry is a significant economic sector in Virginia, especially in rural areas. The regulation is clearly written and easy to understand.

The agency is recommending that this regulation stay in effect without change.

1. This regulation continues to be needed because it is important for protection of the sheep and goat industry in Virginia. Many farms that have sheep and goats are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk. If Virginia's "Scrapie-free status" is compromised, other states and countries will not purchase Virginia sheep and goats, thereby affecting these small businesses. Without this regulation, the risk of that happening becomes significantly higher, and that risk may have a significant negative impact on Virginia's sheep and goat farms and the small businesses that rely on them.

2. There have been no comments or complaints from the public.

3. The regulation is not unnecessarily complex.

4. This regulation last underwent periodic review in 2014, and since that time, there have not been significant changes in technology, economic conditions, or other factors in the area affected by the regulation that would require amendments.

This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-310, Rules and Regulations-Official Standards for Enforcement of the Virginia Apples: Grading, Packing, and Marking Law, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated May 20, 2020, to support this decision.

This regulation protects public health, safety, and welfare of citizens by ensuring that the apples sold to consumers comply with official grade standards and are packaged and marked accordingly. The regulation is clearly written and easily understandable by the regulated industry and consumers.

The agency recommends that this regulation stay in effect without change.

The agency has not received any complaints or comments regarding the regulation. The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The agency last conducted a periodic review of the regulation in 2014, and the agency has determined that no changes in technology, economic conditions, or other factors have occurred that necessitate amendments to the regulation. The agency continues to believe the current regulation is the least burdensome and intrusive alternative for the required regulation of the apple industry.

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.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-315, Virginia Imported Fire Ant Quarantine for Enforcement of the Virginia Pest Law, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 24, 2020, to support this decision.

The regulation assists in reducing the impact of the imported fire ant on landowners, thereby protecting the public's health, safety, and welfare. This regulation is clearly written and easily understandable.

The agency recommends that this regulation stay in effect without change, as this regulation is the only viable alternative to slow the artificial spread of the imported fire ant from infested areas to noninfested areas.

The agency has determined that the regulation is not unnecessarily burdensome or complex.

This regulation has an economic impact on businesses, including small businesses, that are located in the regulated area. These businesses are required to survey for imported fire ants and treat regulated articles in an effort to prevent the artificial spread of the imported fire ant. The agency was contacted by the Virginia Loggers Association (VLA) to discuss concerns about the regulation. The VLA requested clarification of the regulated articles, enforcement measures, and how loggers can comply with the quarantine while transporting their products out of the newly quarantined counties. Department staff provided guidance on fire ant treatment options, self-inspection through a department-supported compliance agreement, and other steps that the businesses can take to comply with the provisions of the quarantine.

Section 3.2-703 of the Code of Virginia provides the Commissioner of Agriculture and Consumer Services with the authority to expand or reduce the quarantine area. The regulation was originally promulgated in 2009. Since that time, the department has surveyed for the presence of fire ant populations outside of the regulated areas and when detected, treated isolated populations found in these areas. In 2019, survey data indicated that the fire ant had become established outside of the regulated area, and it was necessary to expand the regulated area to include additional localities. No significant changes to technology, economic conditions or other factors have occurred that would necessitate amendments to this regulation.

The imported fire ant is a federally regulated pest. Currently, the regulated areas under the federal imported fire ant quarantine mirror the regulated areas included in Virginia's quarantine. However, without Virginia's regulation in place, U.S. Department of Agriculture Animal and Plant Health Inspection Service could elect to issue a federal quarantine that would encompass all of Virginia and would place restrictions on businesses in noninfested areas of Virginia that are not currently subject to the provisions of this regulation. As such, the agency recommends that the regulation stay in effect without change

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

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-317, Regulations for Enforcement of the Noxious Weeds Law, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 24, 2020, to support this decision.

The regulation is necessary for the protection of public health, safety, and welfare as it provides for the suppression, eradication, and prevention of the spread of noxious weeds in the Commonwealth. The spread of noxious weeds to Virginia's natural and agricultural resources may lead to significant economic loss. The regulation also protects citizens by providing a framework for eradicating those listed noxious weeds that may be hazardous to human health. The regulation is clearly written and easily understandable.

The agency recommends that this regulation stay in effect without change. The regulation was recently amended effective July 21, 2020, and requires no further amendments.

The agency has determined that this regulation continues to be necessary to protect the Commonwealth's agricultural and natural resources from the impacts of noxious weeds. The agency has determined that this regulation is not unnecessarily complex and will not have a significant impact on small businesses.

The agency has not received any complaints or comments from the public concerning this regulation. This regulation does not overlap, duplicate, or conflict with federal or state law or regulations. The agency has determined that the recently amended version of this regulation is consistent with current industry practices and that there have been no changes in technology, economic conditions, or other factors that necessitate further amendments.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-440, Rules and Regulations for Enforcement of the Virginia Pest Law - Cotton Boll Weevil Quarantine, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 23, 2020, to support this decision.

The regulation assists in the prevention of the re-infestation of the cotton boll weevil in Virginia, thereby protecting the public's health, safety, and welfare. The eradication and exclusion of the cotton boll weevil enhances the quality of the environment by reducing the need for pesticide applications on cotton, which would otherwise be applied to combat the cotton boll weevil. Reduced pesticide applications will also result in decreased production costs for Virginia's cotton growers.

The regulation is clearly written and easily understood.

The agency recommends that this regulation stay in effect without change.

The agency has determined that this regulation continues to be necessary in order to prevent the reintroduction of the cotton boll weevil into Virginia and ensure the continued export of Virginia cotton. Virginia cotton growers, many of whom are small business owners, planted approximately 100,700 acres of cotton in 2019. A cotton boll weevil infestation would have a significant negative economic impact on these small business owners. Virginia cotton growers are assessed a per-acre fee to cover the cost of the cotton boll weevil survey. The fee is determined each year by the Commissioner of Agriculture and Consumer Services in consultation with the Board of Directors of the Virginia Boll Weevil Eradication Foundation Inc. All voting members of this board are Virginia cotton growers.

The agency has not received any complaints or comments concerning the regulation. This regulation does not overlap, duplicate, or conflict with federal or state law or regulations. The regulation was most recently reviewed nine years ago, and there have been no changes in technology, economic conditions, or other factors that require the amendment of the regulation.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-490, Regulations Governing Grade "A" Milk, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 23, 2020, to support this decision.

This regulation is necessary to ensure the safety and wholesomeness of milk and milk products for human consumption, which protects the public health, safety, and welfare. The regulation is clearly written and easily understandable.

The agency recommends that this regulation stay in effect without change as it was amended in 2020. The regulations are not overly burdensome to the industry, are clear and concise, and are necessary to ensure the safe production of milk and milk products.

1. There is a continued need for this regulation in order to ensure that Virginia milk producers and shippers comply with federal milk standards and with the standards established by the National Conference on Interstate Milk Shippers.

2. The agency has not received any comments or complaints about the regulations from the public.

3. The regulations are not unnecessarily complex and allow for the safe manufacture of various forms of milk and milk products.

4. This regulation is adopted from The Grade "A" Pasteurized Milk Ordinance, which is a federal model regulation for the production of Grade "A" milk and milk products. Those regulations were developed by the U.S. Food and Drug Administration for the states to adopt. The regulation does not conflict, duplicate, or overlap with any state or federal regulation.

5. The regulation was last amended in March 2020. The regulation is continually evaluated at a programmatic level to ensure that it is adequate to address issues and concerns within the manufactured milk industry. Although certain portions of the industry have evolved, the regulation, as amended, is current, relevant, and helps to ensure the safe production of manufactured milk products.

Many dairy farms and processors are small businesses, and compliance with this regulation is required in order for the agency to permit dairy farmers to sell milk to intrastate and interstate markets and dairy processors to sell finished product Grade "A" fluid milk and dairy products into intrastate and interstate commerce. If this regulation were not in place, it would have a negative impact on these small businesses.

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.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-501, Regulations Governing the Cooling, Storing, Sampling and Transporting of Milk, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 14, 2020, to support this decision.

The agency recommends that this regulation be retained without changes.

1. The regulation, continues to be needed because it provides important safeguards to ensure the safe manufacture and distribution of milk and milk products in the Commonwealth.

2. The agency has not received any comments or complaints about the regulations from the public.

3. The regulations are clearly written and not unnecessarily complex and allow for the safe manufacture of various forms of milk and milk products

4. There is minimal overlap with existing related state regulations and statutes. The minimal overlap occurs because the regulations and statutes all address various types of dairy products (i.e., many manufactured milk products addressed in 2VAC5-531 and Grade "A" milk, which is addressed in 2VAC5-490, are both required to be sampled and transported by a hauler or sampler who has been issued a permit through the department). However, the regulation is necessary to appropriately ensure the safety of milk and milk products. There is no significant duplication or overlap relative to existing federal statutes and regulations, as the regulation is based heavily on The Grade "A" Pasteurized Milk Ordinance.

5. The regulation is continually evaluated at a programmatic level to ensure that it is adequate to address issues and concerns within the dairy industry. Although certain portions of the industry have evolved, the regulations are still current and relevant, and help to ensure the safe production of milk and milk products.

Since the agency is electing to retain its current regulation, there will be no impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-510, Rules and Regulations Governing the Production, Processing, and Sale of Ice Cream, Frozen Desserts, and Similar Products, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 27, 2020, to support this decision.

The regulation is necessary to ensure the safe production and distribution of ice cream, frozen desserts, and similar products, which protects the public health, safety, and welfare. The regulation is clearly written and easily understandable.

The agency recommends that this regulation stay in effect without change. The regulation is consistent with the stated objectives of the Code of Virginia. The regulations are not overly burdensome to the industry, are clear and concise, and are necessary to ensure the safe production of ice cream and frozen desserts.

1. There is a continued need for the current regulation as it provides necessary safeguards to ensure the safe manufacture and distribution of ice cream and frozen desserts in the Commonwealth.

2. The agency has not received any comments or complaints about the regulations from the public.

3. The regulations are clearly written and not unnecessarily complex and allow for the safe manufacture of various forms of ice cream and frozen desserts.

4. This regulation does not conflict or overlap with federal or state regulations. Section 3.2-5201 of the Code of Virginia requires that regulations adopted pertaining to milk or frozen desserts be in conformity with the U.S. Department of Health and Human Services and U.S. Department of Agriculture (USDA). The current frozen desserts regulations are in conformance with the USDA model regulations.

5. This regulation last underwent periodic review in 2015. Although certain portions of the industry have evolved, the regulations are still relevant and help to ensure the safe production of ice cream and frozen desserts.

Since the agency is electing to retain its current regulation, there will be no impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-531, Regulations Governing Milk for Manufacturing Purposes, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated July 27, 2020, to support this decision.

The regulation is necessary to ensure the regulation of the safe manufacture and distribution of milk products, which protects the public health, safety, and welfare. The regulation is clearly written and easily understandable.

The agency recommends that this regulation stay in effect without change. The regulation is consistent with the stated objectives of the Code of Virginia. The regulation is not overly burdensome to the industry, is clear and concise, and is necessary to ensure the safe sale of milk for manufacturing purposes and the safe manufacture and distribution of milk products.

1. There is a continued need for the current regulation as it provides sufficient safeguards to ensure the safe manufacture and distribution of manufactured grade milk products in the Commonwealth. Without the regulation in place, the safety of manufactured milk products would be compromised.

2. The agency has not received any comments or complaints about the regulations from the public.

3. The regulations are clearly written and not unnecessarily complex and allow for the safe manufacture of various forms of manufactured grade milk products.

4. There is minimal overlap with existing related state regulations and statutes. The minimal overlap occurs because existing regulations and statutes all address multiple types of dairy products (i.e., many manufactured milk products and Grade "A" milk, which is addressed in 2VAC5-490, are required to be pasteurized). However, the regulation is necessary to appropriately ensure the safety of manufactured milk products. There is no significant duplication or overlap relative to existing federal statutes and regulations.

5. The regulation was last amended in 2015. The regulation is continually evaluated at a programmatic level to ensure that it is adequate to address issues and concerns within the manufactured milk industry. Although certain portions of the industry have evolved, the regulations are still current and relevant and help to ensure the safe production of manufactured milk products.

Because the agency is recommending the retention of the existing regulation, there is minimal impact on small businesses, as provisions are currently provided within the regulation to create exemptions from certain requirements for small-scale manufacturers.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-590, Rules and Regulations Pertaining to Tolerances and Prohibitions Applicable to Ground Beef, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated August 3, 2020, to support this decision.

This regulation is necessary to protect the public's health, safety, and welfare as it pertains to ground beef, including its labeling and fat declaration requirements. This regulation ensures that consumers purchasing a ground beef product are offered a product that contains no more than the maximum allowable fat content and ensures that the ground beef products are accurately represented to the consumer. The regulation is clearly written and easy to understand.

The agency is recommending that this regulation stay in effect without change.

1. This regulation is still needed because it is still necessary to ensure that ground beef products are produced according to and meet minimum acceptable standards relative to product formulation and saturated fat content. It also ensures that consumers are duly informed via product labeling and placard displays regarding the fat content of ground beef products and allows consumers to make optimal health choices regarding the level of saturated fat consumed when ground beef products are purchased. Without this regulation, it will be difficult to find other means by which to ensure that ground beef products meet acceptable standards.

2. There have been no complaints or comments received regarding this regulation.

3. The regulation is written in a form that is not overly complex and is easily understandable by regulators as well as the regulated industry.

4. There are federal regulations that also mandate a maximum fat content of 30% in ground beef products. However, these regulations are primarily enforced and policed at meat processing facilities. This regulation typically applies to ground beef products formulated or sold at retail food stores and creates specific production standards applicable to retail environments.

This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-610, Rules Governing the Solicitation of Contributions, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 29, 2020, to support this decision.

This regulation provides specific registration and reporting requirements that clarify the general requirements prescribed in the Virginia Solicitation of Contributions Law (VSOC) and provides for uniform reporting, which protects public safety and economic welfare by improving charitable donation decision making by the public. The regulation is clearly written and easily understandable.

The agency recommends that the regulation stay in effect without change as it provides clarifications to the general requirements prescribed in VSOC, provides an important means to ensure uniform reporting for charitable organizations that are soliciting contributions from the public, and improves the information that is available to the public to inform their charitable donation decisions. There have been no changes in the industry that necessitate amendments to the current regulation.

The agency has determined that this regulation continues to be necessary. The requirements established in the regulation are not unnecessarily burdensome. The regulation provides protection to the welfare of Virginia citizens by assisting the department in providing the public with information that enables them to make educated financial decisions regarding their charitable contributions. There have been no complaints or comments received from the public regarding this regulation. The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation will not have an economic impact on small businesses.

The regulation does not appear to overlap, duplicate, or conflict with any federal or state law or regulation. The regulation was last amended in November 2015. The agency has determined that no change in the affected industry has occurred since the regulation was last amended that would necessitate amending or repealing this regulation.

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.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-620, Requirements Pertaining to the Establishment of the Dangerous Dog Registry, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated August 4, 2020, to support this decision.

The regulation is necessary for the protection of public safety and welfare because it assists the agency in providing information to protect citizens and animals in Virginia from dogs that have been deemed dangerous through the adjudication process. This regulation is clearly written and easy to understand.

The agency is recommending that this regulation stay in effect without change.

1. The agency has determined that there is a continued need for this regulation to stay in effect in order to protect citizens, pets, and other animals in the Commonwealth. This regulation does not place any regulatory burden on small businesses, but assists the agency in providing information to the public that enables small businesses to have knowledge of dangerous dogs in their area and take necessary precautions to protect their businesses and customers.

2. The comments the agency has received regarding this regulation largely pertain to expanding the Dangerous Dog Law. Any such change must be enacted by the legislature. Other comments indicated the regulations are satisfactory as they are.

3. The regulation is clear and is not complex.

4. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

5. This regulation was amended in 2020, and there have been no significant changes in technology, economic conditions, or other factors that would require further amendments at this time. This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-670, Regulations Governing Pesticide Product Registration, Handling, Storage, and Disposal under Authority of the Virginia Pesticide Control Act, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 26, 2020, to support this decision.

The regulation assists in ensuring that only pesticide products that are registered with the U.S. Environmental Protection Agency (EPA) and the department are used in Virginia and, as such, is necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understood by the regulated industry.

The agency recommends that the regulation stay in effect without change. The regulation was revised in 2017 to align it with current federal pesticide laws, agency policies and procedures, and industry standards and to facilitate compliance. Given the risks associated with the use of pesticides, it is imperative that the requirements for pesticide registration, distribution, sale, storage, and use are clear and unambiguous.

The provisions of this regulation continue to be necessary in order to ensure that only pesticide products that are registered with EPA and the department are used in Virginia. Given the inherent safety consideration associated with pesticides, it is imperative that the requirements for pesticide businesses that manufacture, sell, store, recommend for use, mix, or apply pesticides are clear and unambiguous. The comment addressed notwithstanding, the department has received no complaints or comments regarding this regulation. The agency has determined that the regulation is not unnecessarily complex and is easily understood by the regulated industry. The current regulations, which were amended in 2017, are aligned with current federal pesticide laws, agency policies and procedures, and industry standards. The regulation does not add requirements more restrictive than federal requirements to individuals or businesses seeking pesticide product registration. The agency has determined that this regulation is the least burdensome alternative for effectively regulating participants in this industry, including small businesses.

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.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-675, Regulations Governing the Pesticide Fees Charged by the Department of Agriculture and Consumer Services, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 26, 2020, to support this decision.

The regulation is necessary for the protection of public health, safety, and welfare. The regulation establishes fees to obtain (i) a pesticide product registration, (ii) a commercial applicator or registered technician certification, and (iii) a pesticide business license. In order for the agency to continue to fund the operation of the Commonwealth's pesticide programs, it is necessary to collect such fees. These programs are necessary to fulfill the licensure, registration, and certification requirements of the Virginia Pesticide Control Act, which assist in ensuring the proper labeling of pesticide products and the proper training of individuals applying or recommending the use of pesticide products. This regulation is clearly written and easily understandable.

The agency recommends that this regulation stay in effect without change. The regulation was amended in 2019 to ensure that the prescribed fees provide adequate funding for pesticide-related services.

The agency has determined that this regulation continues to be necessary as the fees established in the regulation are a significant source of the funds that support the Commonwealth's pesticide programs. The fees established in this regulation were last increased in 2019 in consultation with a stakeholder advisory committee, and the agency has not received any complaints or comments regarding the regulation.

The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last amended in 2019, and the agency has determined that no changes in technology, economic conditions, or other factors have occurred that necessitate further amendments at this time.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-680, Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 25, 2020, to support this decision.

The regulation is necessary for the protection of public health, safety, and welfare. Pesticides are used for the control of pests that adversely affect crops, structures, human health, and domestic animals. Given the risk associated with the application of pesticides to both human health and the environment, the use of pesticides is highly regulated at the federal and state level. The department's pesticide programs protect human health and the environment by ensuring the proper use of pesticides. These programs include the certification of pesticide applicators, the licensing of pesticide businesses, the registration of pesticide products, and inspections and investigations to ensure compliance with all applicable laws and regulations. This regulation sets forth the minimum requirements that must be met by businesses that manufacture, sell, store, recommend for use, mix, or apply pesticides and is clearly written and easily understood.

The agency recommends that this regulation stay in effect without change. The regulation was revised in 2017 to align the regulations with current federal pesticide laws, agency policies and procedures, industry standards, and to facilitate compliance.

The agency has determined that this regulation continues to be necessary as it sets forth minimum requirements for pesticide businesses. There have been no complaints from the public or industry regarding this regulation. The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last amended in 2017, and the agency has determined that no changes in technology, economic conditions, or other factors have occurred that necessitate further amendments. The regulation poses no known disadvantages to the public, small businesses, or the Commonwealth.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-685, Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 26, 2020, to support this decision.

The regulation is necessary for the protection of public health, safety, and welfare. Pesticides are used for the control of pests that adversely affect crops, structures, human health, and domestic animals. Given the risk associated with the application of pesticides to both human health and the environment, the use of pesticides is highly regulated at the federal and state level. The department's pesticide programs protect human health and the environment through programs that certify pesticide applicators, license pesticide businesses, register pesticide products, and inspections and investigations to ensure compliance with all applicable laws and regulations. This regulation sets forth the minimum requirements for individuals who apply pesticides and is clearly written and easily understood.

The agency recommends this regulation stay in effect without change. The regulation was revised in 2016 to align the regulations with current agency policies and procedures and industry standards and to facilitate compliance. The agency has determined that no changes in technology, economic conditions, or other factors have occurred that necessitate amending the regulation at this time.

The agency recommends continuation of the regulation as it ensures the ability of pesticide applicators to properly apply pesticides, thereby reducing the chance for misapplication and potential threats to the environment and to the health, safety, and welfare of citizens. There have been no complaints from the public or industry regarding this regulation. The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses. The regulation does not overlap, duplicate, or conflict with federal or state laws or regulations. The regulation does not add requirements more restrictive than federal requirements. The regulation was last amended in 2016, and the agency has determined that no changes in technology, economic conditions, or other factors have occurred that necessitate further amendments at this time There are no known disadvantages to the public, small businesses, or the Commonwealth.

STATE MILK COMMISSION

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Milk Commission conducted a periodic review and small business impact review of 2VAC15-12, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated August 27, 2020, to support this decision.

This regulation is required by § 2.2-4007.02 of the Code of Virginia and establishes the mechanisms by which the Milk Commission will advise the public of the Milk Commission's regulatory actions. Notice of the agency's regulatory actions assists in protecting the public's welfare. The regulation is clearly written and easily understandable.

The agency recommends that the regulation stay in effect without change because it is required by § 2.2-4007.02 of the Code of Virginia and assists in notifying the public of the agency's regulatory actions.

The agency determined this regulation continues to be necessary as it is required by § 2.2-4007.02 of the Code of Virginia and establishes the mechanisms by which the agency will advise the public of the agency's regulatory actions. The agency has not received any comments or complaints regarding this regulation. The regulation is not complex and is easily understood. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was promulgated in 2008 using the model public participation guidelines issued by the Department of Planning and Budget and last underwent periodic review in 2015. No factors have changed since 2015 that necessitate amending this regulation. This regulation places no economic burden on any small business.

Contact Information: Crafton Wilkes, Administrator, Oliver Hill Building, State Milk Commission, 102 Governor Street, Room 206, Richmond, VA 23218, telephone (804) 786-2013, FAX (804) 371-8700, or email crafton.wilkes@vdacs.virginia.gov.

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TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Air Pollution Control Board conducted a periodic review and small business impact review of 9VAC5-80, Permits for Stationary Sources, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 11, 2020, to support this decision.

This regulation enhances the department's ability to ensure compliance with all applicable federal requirements under the Clean Air Act and specific requirements under the state code through the issuance and enforcement of federal and state operating permits to construct and operate a new or modified facility. The regulation has been effective in achieving its specific and measurable goals, which are as follows:

1. To protect public health or welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

2. To enhance the department's ability to ensure compliance with all applicable federal requirements under the Clean Air Act and specific requirements under the state code through the issuance and enforcement of federal (Title V) operating permits.

3. To identify and clarify for the department and source owner exactly which air quality program requirements are applicable to the permitted source through the issuance and enforcement of federal (Title V) operating permits.

4. To provide an administrative mechanism to impose source-specific regulatory requirements with the flexibility to address the individual needs of sources through the issuance and enforcement of state operating permits.

5. To provide a mechanism to administer certain air quality control program requirements without the need for federal oversight through the issuance and enforcement of state operating permits.

6. To prevent the construction, modification, or operation of facilities that will prevent or interfere with the attainment or maintenance of any ambient air quality standard through the issuance and enforcement of new source review permits.

7. To ensure that new facilities or expansions to existing facilities will be designed, built, and equipped to operate without causing or exacerbating a violation of any ambient air quality standard through the issuance and enforcement or new source review permits.

8. To ensure that new facilities or expansions to existing facilities will be designed, built, and equipped to comply with case-by-case control technology determinations and other requirements through the issuance and enforcement of new source review permits.

9. To prevent the construction, modification, or operation of major facilities that will not use maximum achievable control technology to limit emissions of hazardous air pollutants through the issuance and enforcement of new source review permits.

10. To ensure that there is no significant deterioration of air quality throughout the Commonwealth through the issuance and enforcement of new source review permits for new major facilities or major expansions locating in prevention of significant deterioration (PSD) areas.

11. To ensure that emission increases from new major facilities or major expansions to existing facilities are offset by emission reductions from existing facilities by an equal or greater amount through the issuance and enforcement of new source review permits for new major facilities or major expansions locating in nonattainment areas.

12. Where possible, to provide an alternative to more stringent new source review requirements applicable to major stationary sources locating in PSD areas and nonattainment areas through federally enforceable permit emission limits; and

13. To fully fund the Title V permit program through Title V permit program fees as required by state and federal law.

This regulation has been effective in protecting public health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected. It is written to permit only one reasonable interpretation, is written to adequately identify the affected entity, and, insofar as possible, is written in nontechnical language.

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

This regulation continues to be needed. It provides the necessary requirements for conformity to ensure that federal projects have the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality.

No comments were received that indicate a need to repeal or revise the regulation.

The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost-effectively as possible.

This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. Part I and Part II, Articles 4, 5, and 6 were last reviewed in May 2018. Part II, Article 3 was last reviewed in January 2013. Part II, Article 8 was last reviewed in January 2001. Part II, Article 1 was last amended in November 2016, Part II, Articles 2, 10, and 11 were last amended in January 2018. Part II, Article 7 was last amended in December 2008.

Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation 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.

The department, through examination of the regulation and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

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.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Air Pollution Control Board conducted a periodic review and small business impact review of 9VAC5-230, Variance for International Paper Franklin Paper Mill, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 10, 2020, to support this decision.

This regulation enhances the department's ability to ensure compliance with all applicable federal requirements under the Clean Air Act and specific requirements under the state code.

The regulation has been effective in achieving its specific and measurable goals, which are as follows:

1. To protect public health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

2. To allow the International Paper Franklin Paper Mill to use compliance with a Federally Enforceable State Operating Permit containing site-wide emission limits as an alternate demonstration of compliance with the provisions of the regulations of the State Air Pollution Control Board. The alternate regulatory system addresses only the pollutants identified in the permit and is protective of the national ambient air quality standards.

The regulation has been effective in protecting public health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected. It is written so as to permit only one reasonable interpretation, is written to adequately identify the affected entity, and, insofar as possible, is written in nontechnical language.

This regulation continues to be needed. It provides an alternate means of fulfilling ongoing state and federal requirements that protect air quality.

No comments were received during the public comment period.

The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandates as efficiently and cost-effectively as possible.

This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.

This chapter became effective in 2005 and has not been amended.

This variance is specific to the International Paper Franklin Plant. The department does not believe that International Paper 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.

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TITLE 11. GAMING

CHARITABLE GAMING BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Charitable Gaming Board conducted a periodic review and small business impact review of 11VAC15-13, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated June 29, 2020, to support this decision.

This regulation is required by § 2.2-4007.02 of the Code of Virginia and assists in promoting public participation in the development, amendment, or repeal of the Charitable Gaming Regulations (11VAC15-40). The regulation ensures the integrity of charitable gaming in Virginia, thereby protecting the public safety and economic welfare of Virginians, including the organizations that conduct charitable gaming. This regulation is clearly written and easily understandable.

The agency recommends that the regulation stay in effect without change as it provides an important means of promoting public participation in the development, amendment, or repeal of the Charitable Gaming Regulations (11VAC15-40). There have been no changes in the charitable gaming industry that necessitate amendments to the current regulation.

The agency determined that requirements established in the Public Participation Guidelines continue to be necessary and are not unnecessarily burdensome. The agency has received no complaints or comments concerning this regulation. The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses.

The regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. The regulation was last amended in November 2008, and it last underwent periodic review in 2015. The agency has determined that no change in the affected industry has occurred since the regulation was last amended that would necessitate the amendment or repeal of this regulation.

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 22. SOCIAL SERVICES

DEPARTMENT FOR AGING AND REHABILITATIVE 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: 22VAC30-50, Policies and Procedures for Administering Commonwealth Neurotrauma Initiative Trust Fund, and 22VAC30-70, The Virginia Public Guardian and Conservator Program. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

Public comment period begins October 12, 2020, and ends November 2, 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: Charlotte Arbogast, Policy Analyst, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093, FAX (804) 662-7663, TDD (800) 464-9950, or email charlotte.arbogast@dars.virginia.gov.

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWSVol. 37 Iss. 4 - October 12, 2020

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 37 Iss. 4 - October 12, 2020