TITLE 2. AGRICULTURE
Health Requirements Governing the Admission of Livestock, Poultry, Companion Animals, and other Animals or Birds into Virginia
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Agriculture and Consumer Services  intends to consider amending the following regulations: 2VAC5-140, Health  Requirements Governing the Admission of Livestock, Poultry, Companion Animals,  and Other Animals or Birds into Virginia. The purpose of the proposed  action is to establish the requirements for testing and documentation of  livestock and certain other animals to be allowed to come into Virginia. The  existing regulation will be reviewed and updated where appropriate to require  the use of appropriate testing methods for those animals entering Virginia  permanently and for exhibition. The regulation currently requires that animals  coming into Virginia shall be accompanied by a certificate of veterinary  inspection to create a record to document the origin, destination, test  results, and relevant vaccinations of animals coming into Virginia from other  states. The information required on the certificates of veterinary inspection  will be reviewed for compatibility with current epidemiology practices and  record management systems. The regulations will also be reviewed for continuing  need and effectiveness.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register. 
    Statutory Authority: §§ 3.2-6001, 3.2-6002, and 3.2-6004 of the Code of Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Richard D. Saunders, Program Manager,  Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA  23218, telephone (804) 692-0601, FAX (804) 371-2380, or email  doug.saunders@vdacs.virginia.gov.
    VA.R. Doc. No. R09-1891; Filed May 12, 2009, 12:37 p.m. 
TITLE 2. AGRICULTURE
 Regulations for the Enforcement of the Endangered Plant and Insect Species Act
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Agriculture and Consumer Services  intends to consider amending the following regulations: 2VAC5-320,  Regulations for the Enforcement of the Endangered Plant and Insect Species Act.  The purpose of the proposed action is to amend the lists of endangered and  threatened plant and insect species by (i) removing from the regulation a plant  species that is no longer globally rare, (ii) transferring certain plant  species from the endangered list to the threatened list to reflect the improved  status of those species, and (iii) adding to the endangered and threatened  lists certain plant and insect species that are considered in danger of  extinction, or which are likely to become endangered in the foreseeable future  throughout all or a significant portion of their native range. This action  reflects the imperiled status of the various species and it seeks to protect  them from take and destruction. It will also stimulate conservation programs to  preserve and protect the affected species.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register. 
    Statutory Authority: §§ 3.2-1002 and 3.2-1005 of the  Code of Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Frank Fulgham, Program Manager,  Department of Agriculture and Consumer Services, P. O. Box 1163, Richmond, VA  23218, telephone (804) 786-0440, FAX (804) 371-7793, TTY (800) 828-1120, or  email frank.fulgham@vdacs.virginia.gov.
    VA.R. Doc. No. R09-1869; Filed May 12, 2009, 12:31 p.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
Virginia State Forest Regulations
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Department of Forestry intends to consider  amending the following regulations: 4VAC10-30, Virginia State Forest  Regulations. The purpose of the proposed action is to allow the lawful  carrying of concealed handguns with a concealed handgun permit. Once the State  Forest regulations are successfully amended, the requirements for carrying  handguns on State Forests will be similar to those governing handguns on State  Parks.
    The agency does not intend to hold a public hearing on the  proposed action after publication in the Virginia Register. 
    Statutory Authority: § 10.1-1101 of the Code of  Virginia. 
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Ronald S. Jenkins, Administrative  Officer, Department of Forestry, 900 Natural Resources Drive, Suite 800,  Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or  email ron.jenkins@dof.virginia.gov.
    VA.R. Doc. No. R09-1822; Filed May 11, 2009, 3:55 p.m. 
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Corrections intends to consider amending  the following regulations: 6VAC15-80, Standards for Planning, Design,  Construction and Reimbursement of Local Correctional Facilities. The  purpose of the proposed action is to establish requirements for planning,  design and construction of local and regional correctional facilities, as well  as reimbursement guidelines. Revised regulations will provide for easier  comprehension by those localities directly affected. The standards include, but  are not limited to design requirements for secure local correctional  facilities, community custody facilities and lockups, submission schedules for  reviews, reimbursement requests, requirements for submission of Community-Based  Corrections Plans and planning study, methods of reimbursement, and project  documentation.
    The agency does not intend to hold a public hearing on the  proposed action after publication in the Virginia Register.
    Statutory Authority: § 53.1-5 of the Code of  Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Brooks Ballard, Architectural &  Engineering Services, Department of Corrections, 6900 Atmore Drive, Richmond,  VA 23225, telephone (804) 674-3102, FAX (804) 674-3529, or email  brooks.ballard@vadoc.virginia.gov.
    VA.R. Doc. No. R09-1823; Filed May 18, 2009, 1:31 p.m. 
TITLE 9. ENVIRONMENT
Coal Combustion Byproduct Regulations
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of the  Code of Virginia that the Virginia Waste Management Board intends to consider  amending the following regulations: 9VAC20-85, Coal Combustion Byproduct  Regulations. The purpose of the proposed action is to provide for the use,  reuse and reclamation of coal combustion byproducts (CCB). Administrative  procedures are provided for the submission of appropriate documentation for the  use of CCB. In addition, the regulation establishes appropriate standards for  siting, design, construction, operation, and closure of projects using CCB.  During the development of amendment 7 to the Virginia Solid Waste Management  Regulations (VSWMR), the Amendment 7 Technical Advisory Committee (TAC) discussed  (i) incorporating the Coal Combustion Byproducts Regulation into the VSWMR and  (ii) areas of the Coal Combustion Byproducts Regulations that should be  reviewed. As a result of those discussions, 7 TAC recommended that the Coal  Combustion Byproducts Regulation remain separate from the VSWMR and that any  necessary revisions to the program should be undertaken in a separate  rulemaking. The CCB regulations will be updated to incorporate changes to  statute enacted by the 2009 General Assembly. These statutory changes address  the placement of CCB in an area located within a 100-year floodplain. This  amendment will also consider including additional restrictions on the use and  placement of CCB.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register. 
    Statutory Authority: § 10.1-1402 of the Code of  Virginia; 42 USC § 6941; and 40 CFR Part 257.
    Public Comments: Public comments may be submitted until  5 p.m. on July 10, 2009.
    Agency Contact: Melissa S. Porterfield, Department of  Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,  telephone (804) 698-4238, FAX (804) 698-4346, or email  msporterfield@deq.virginia.gov.
    VA.R. Doc. No. R09-1912; Filed May 12, 2009, 9:33 a.m. 
TITLE 12. HEALTH
Waivered Services
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Medical Assistance Services intends to  consider amending the following regulations: 12VAC30-120, Waivered Services.  The purpose of the proposed action is to update the Alzheimer's Assisted Living  Waiver program to create greater capacity for provider enrollment.
    The agency does not intend to hold a public hearing on the  proposed action after publication in the Virginia Register. 
    Statutory Authority: § 32.1-325 of the Code of  Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Steve Ankiel, Long Term Care Division,  Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA  23219, telephone (804) 317-8894, FAX (804) 371-4986, or email  steve.ankiel@dmas.virginia.gov.
    VA.R. Doc. No. R09-1909; Filed May 13, 2009, 1:40 p.m. 
TITLE 13. HOUSING
Virginia Certification Standards
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Housing and Community Development  intends to consider amending the following regulations: 13VAC5-21, Virginia  Certification Standards. The purpose of the proposed action is to update  the regulation to coordinate with the building and fire regulations of the  department, which are being updated to reference the newest available  nationally recognized model codes and standards.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register.
    Statutory Authority: § 36-137 of the Code of Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Steve Calhoun, Regulatory Coordinator,  Department of Housing and Community Development, 501 North Second Street,  Richmond, VA 23219, telephone (804) 371-7015, FAX (804) 371-7090, or email  steve.calhoun@dhcd.virginia.gov.
    VA.R. Doc. No. R09-1897; Filed May 12, 2009, 9:43 a.m. 
TITLE 13. HOUSING
Virginia Amusement Device Regulations
Notice of Intended Regulatory Action 
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Housing and Community Development  intends to consider amending the following regulations: 13VAC5-31, Virginia  Amusement Device Regulations. The purpose of the proposed action is to  update the regulation to incorporate by reference the newest available  nationally recognized codes and standards.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register.
    Statutory Authority: § 36-98.3 of the Code of  Virginia.
    Public Comments: Public comments may be submitted until 5 p.m.  on July 8, 2009.
    Agency Contact: Stephen W. Calhoun, Regulatory  Coordinator, Department of Housing and Community Development, The Jackson  Center, 501 N. 2nd St., Richmond, VA 23219-1321, telephone (804) 371-7000, FAX  (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.
    VA.R. Doc. No. R09-1892; Filed May 12, 2009, 9:44 a.m. 
TITLE 13. HOUSING
Virginia Statewide Fire Prevention Code
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Housing and Community Development  intends to consider amending the following regulations: 13VAC5-51, Virginia  Statewide Fire Prevention Code. The purpose of the proposed action is to  update the regulation to incorporate by reference the newest available  nationally recognized codes and standards.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register. 
    Statutory Authority: § 27-97 of the Code of  Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Stephen W. Calhoun, Regulatory  Coordinator, Department of Housing and Community Development, The Jackson  Center, 501 North 2nd Street, Richmond, VA 23219-1321, telephone (804) 371-7000,  FAX (804) 371-7090, TTY (804) 371-7089, or email  steve.calhoun@dhcd.virginia.gov.
    VA.R. Doc. No. R09-1893; Filed May 12, 2009, 9:44 a.m. 
TITLE 13. HOUSING
Virginia Uniform Statewide Building Code
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Housing and Community Development  intends to consider amending the following regulations: 13VAC5-63, Virginia  Uniform Statewide Building Code. The purpose of the proposed action is to  update the regulation to incorporate by reference the newest available  nationally recognized model building codes and standards produced by the  International Code Council.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register. 
    Statutory Authority: § 36-98 of the Code of  Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Stephen W. Calhoun, Regulatory  Coordinator, Department of Housing and Community Development, The Jackson  Center, 501 North 2nd Street, Richmond, VA 23219-1321, telephone (804)  371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email  steve.calhoun@dhcd.virginia.gov.
    VA.R. Doc. No. R09-1894; Filed May 12, 2009, 9:45 a.m. 
TITLE 13. HOUSING
Virginia Industrialized Building Safety Regulations
Notice of Intended Regulatory Action 
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Housing and Community Development  intends to consider amending the following regulations: 13VAC5-91, Virginia  Industrialized Building Safety Regulations. The purpose of the proposed  action is to  update the regulation to incorporate by reference the newest  available nationally recognized model building codes and standards produced by  ICC.
    The agency intends to hold a public hearing on the proposed action  after publication in the Virginia Register. 
    Statutory Authority: § 36-73 of the Code of  Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Stephen W. Calhoun, Regulatory  Coordinator, Department of Housing and Community Development, The Jackson  Center, 501 North 2nd Street, Richmond, VA 23219-1321, telephone (804)  371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email  steve.calhoun@dhcd.virginia.gov.
    VA.R. Doc. No. R09-1895; Filed May 12, 2009, 9:46 a.m. 
TITLE 13. HOUSING
Virginia Manufactured Home Safety Regulations
Notice of Intended Regulatory Action 
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Housing and Community Development  intends to consider amending the following regulations: 13VAC5-95, Virginia  Manufactured Home Safety Regulations. The purpose of the proposed action is  to update the Manufactured Housing Safety Regulations to incorporate by  reference the recent changes and additions to the federal construction  standards of the U.S. Department of Housing and Urban Development.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register. 
    Statutory Authority: § 36-85.7 of the Code of  Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Stephen W. Calhoun, Regulatory  Coordinator, Department of Housing and Community Development, The Jackson  Center, 501 North 2nd Street, Richmond, VA 23219-1321, telephone (804)  371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email  steve.calhoun@dhcd.virginia.gov.
    VA.R. Doc. No. R09-1896; Filed May 12, 2009, 9:45 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Board of Accountancy Regulations
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Accountancy intends to consider amending  the following regulations: 18VAC5-21, Board of Accountancy Regulations.  The purpose of the proposed action is to reduce the number of educational hours  needed before an individual can sit for the the uniform certified public  accountant examination.
    The agency does not intend to hold a public hearing on the  proposed action after publication in the Virginia Register.
    Statutory Authority: §§ 54.1-4402 and 54.1-4403 of  the Code of Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Mike D. Roger, Acting Executive  Director, Board of Accountancy, 9960 Mayland Drive, Perimeter Center, Suite 402,  Richmond, VA 23233, telephone (804) 367-0290, FAX (804) 527-4409, or email  mike.rogers@boa.virginia.gov.
    VA.R. Doc. No. R09-1099; Filed May 14, 2009, 3:37 p.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Physical Therapy
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the Board of Physical Therapy intends to consider  amending the following regulations: 18VAC112-20, Regulations Governing the  Practice of Physical Therapy. The purpose of the proposed action is to  amend the regulation to provide more flexibility and accountability in  traineeships and provide more opportunities for obtaining continuing education  hours.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register. 
    Statutory Authority: § 54.1-2400 of the Code of  Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Lisa R. Hahn, Executive Director, Board  of Physical Therapy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233,  telephone (804) 367-4424, FAX (804) 527-4413, or email  lisa.hahn@dhp.virginia.gov.
    VA.R. Doc. No. R09-1926; Filed May 11, 2009, 2:17 p.m. 
TITLE 22. SOCIAL SERVICES
Additional Daily Supervision Rate Structure
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the State Board of Social Services intends to  consider promulgating the following regulations: 22VAC40-221, Additional  Daily Supervision Rate Structure. The purpose of the proposed action is to  establish a requirement for the use of an approved Department of Social  Services process to assess a child for the purpose of determining the  additional daily supervision component of the foster care maintenance payment.  It will also establish standards for local departments of social services to  use when providing additional daily supervision. This regulation is needed to  ensure that Virginia meets federal requirements for seeking federal  reimbursement by having a statewide rate structure for local departments to use  in determining the additional daily supervision component of the foster care  maintenance payment. Standards for providing additional daily supervision are  needed to ensure a comprehensive approach and consistency statewide.
    The agency does not intend to hold a public hearing on the  proposed action after publication in the Virginia Register.
    Statutory Authority: § 63.2-217 of the Code of Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Phyl Parrish, Program Manager, Policy  and Legislation, Department of Social Services, Division of Family Services, 7  North Eighth Street, Richmond, VA 23219, telephone (804) 726-7926, FAX (804)  726-7985, TTY (800) 828-1849, or email phyl.parrish@dss.virginia.gov.
    VA.R. Doc. No. R09-1868; Filed May 20, 2009, 10:34 a.m. 
TITLE 22. SOCIAL SERVICES
Food Stamp Program
Notice of Intended Regulatory Action
    Notice is hereby given in accordance with § 2.2-4007.01 of  the Code of Virginia that the State Board of Social Services intends to  consider amending the following regulations: 22VAC40-601, Food Stamp  Program. The purpose of the proposed action is to change all references to  the Food Stamp Program to the Supplemental Nutrition Assistance Program (SNAP)  and food stamp benefits to SNAP benefits. The U.S. Congress enacted legislation  to rename the program and adoption of the name lessens potential confusion.  22VAC40-601-50 amends the regulation to address handling pending applications  for the Food Stamp Program. Federal regulations allow states an option to  either deny applications after 30 days if the local department of social  services is unable to process the application, or to hold the application, as  pending for an additional 30-day period. The State Board of Social Services  would like to adopt the provision to deny an application after 30 days instead  of holding it as pending for an additional 30-day period before disposing of  it. This process would require reopening denied applications if an applicant  subsequently supplied needed information to determine eligibility and benefit  level after the 30th day but before the 60th day following the application  date. 22VAC40-601-60 amends the regulation to allow an extension of food stamp  transitional benefits to state-funded public assistance programs. Transitional  benefits are currently limited to Temporary Assistance for Needy Families  (TANF) cases. This amendment would allow transitional food stamp benefits when  state-funded programs close.
    The agency intends to hold a public hearing on the proposed  action after publication in the Virginia Register. 
    Statutory Authority: § 63.2-217 of the Code of  Virginia.
    Public Comments: Public comments may be submitted until  5 p.m. on July 8, 2009.
    Agency Contact: Celestine Jackson, Program Consultant,  Department of Social Services, Division of Benefit Programs, 7 North 8th  Street, Richmond, VA 23219, telephone (804) 726-7376, FAX (804) 726-7356, TTY  (800) 828-1120, or email celestine.jackson@dss.virginia.gov.
    VA.R. Doc. No. R09-1977; Filed May 13, 2009, 3:32 p.m.