NOTICES OF INTENDED REGULATORY ACTION
Vol. 32 Iss. 3 - October 05, 2015

TITLE 2. AGRICULTURE
Rules and Regulations for Enforcement of the Virginia Pesticide Law
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 2VAC5-670, Rules and Regulations for Enforcement of the Virginia Pesticide Law. The purpose of the proposed action is to update the regulation and align it with current agency practices and federal requirements by, among other items, (i) changing the title and format to be consistent with other pesticide-related regulations; (ii) amending the language to reflect the current agency policy regarding requirements for submission of pesticide labels; (iii) clarifying the registration requirements involving mixtures of pesticides and fertilizers or other pesticides; (iv) amending language and adding definitions to align the regulation with federal requirements; (v) amending language to more closely align the regulation with the Virginia Pesticide Control Act; (vi) removing duplicative registration requirements; (vii) amending and clarifying regulatory label requirements and warning or caution statements to more closely align with federal requirements and minimize confusion; (viii) amending ingredient statement requirements for consistency throughout the regulation; and (ix) amending the handling and storage requirements.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Public Comment Deadline: November 4, 2015.

Agency Contact: Laura Hare, Policy Analyst, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1908, FAX (804) 255-2666, or email laura.hare@vdacs.virginia.gov.

VA.R. Doc. No. R16-4505; Filed September 8, 2015, 12:36 p.m.
TITLE 2. AGRICULTURE
Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control 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 2VAC5-680, Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act. The purpose of the proposed action is to update the regulation and align it with current agency practices and federal requirements, to include (i) adding the definition of the term "operating in Virginia" and amending the definition of the term "pesticide business location" in order to address current industry practices; (ii) adding the definition of the term "limited household use" in order to clarify the requirements for merchants who are exempt from pesticide business licenses under the Virginia Pesticide Control Act; (iii) adding the definition of the term "multiple violations"; (iv) clarifying the current requirements for the application for a pesticide business license in order to decrease regulants' confusion and encourage compliance; (v) clarifying the current requirement regarding evidence of financial responsibility in order to decrease regulants' confusion and encourage compliance; (vi) amending the language of the recordkeeping requirements to be consistent with other pesticide labeling requirements in the regulation; and (vii) revising the recordkeeping sections to reflect the changes previously mentioned.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Public Comment Deadline: November 4, 2015.

Agency Contact: Laura Hare, Policy Analyst, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1908, FAX (804) 255-2666, or email laura.hare@vdacs.virginia.gov.

VA.R. Doc. No. R16-4506; Filed September 8, 2015, 12:39 p.m.
TITLE 12. HEALTH
Rules and Regulations for the Licensing of Providers of Mental Health, Mental Retardation, Substance Abuse, the Individual and Family Developmental Disabilities Support Waiver, and Residential Brain Injury Services
Withdrawal of 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 Behavioral Health and Developmental Services has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC35-105, Rules and Regulations for the Licensing of Providers of Mental Health, Mental Retardation, Substance Abuse, the Individual and Family Developmental Disabilities Support Waiver, and Residential Brain Injury Services, which was published in 26:25 VA.R. 2815-2816 August 16, 2010.

Agency Contact: Ruth Anne Walker, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 225-2252, FAX (804) 786-8623, or email ruthanne.walker@dbhds.virginia.gov.

VA.R. Doc. No. R10-2275; Filed September 9, 2015, 12:28 p.m.
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
Evaluation Criteria and Procedures for Designations By the Board of Historic Resources
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 Historic Resources intends to consider amending 17VAC5-30, Evaluation Criteria and Procedures for Designations By the Board of Historic Resources. The purpose of the proposed action is to address the owner objection process to properties nominated for designation by the Board of Historic Resources for inclusion in the Virginia Landmarks Register. The amendments will add clarifying language that written notification of the nomination and written notification of the public hearing will be sent to property owners as shown on current real estate tax assessments books. In addition, property owners who wish to object to a designation must submit their formal objection seven business days prior to the board meeting. The amendments also add that in addition to the letter being notarized, it must be attested and reference the property by address or parcel number, or both. Also, in order to be counted by the director as a property owner, if the objecting party was not listed on the real estate tax assessment list, then a copy of the recorded deed evidencing transfer of ownership must be submitted along with the attested and notarized statement. Lastly, formal designations may be reconsidered at a subsequent board meeting if the director receives, at least 30 days prior to the next scheduled board meeting, written, attested, and notarized statements stating that there is no longer an objection.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-2205 of the Code of Virginia.

Public Comment Deadline: November 4, 2015.

Agency Contact: Jennifer Pullen, Executive Assistant, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6085, FAX (804) 367-2391, or email jennifer.pullen@dhr.virginia.gov.

VA.R. Doc. No. R16-4259; Filed September 14, 2015, 12:52 p.m.
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
Evaluation Criteria and Procedures for Nominations of Property to the National Register or for Designation as a National Historic Landmark
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 Historic Resources intends to consider amending 17VAC10-20, Evaluation Criteria and Procedures for Nominations of Property to the National Register or for Designation as a National Historic Landmark. The purpose of the proposed action is to address the owner objection process to properties nominated for designation by the State Review Board for inclusion in the National Register of Historic Places or designation as a National Historic Landmark. The amendments will add clarifying language that written notification of the nomination and written notification of the public hearing will be sent to property owners as shown on current real estate tax assessments books. In addition, property owners who wish to object to a designation must submit their formal objection seven business days prior to the board meeting. The amendments also add that in addition to the letter being notarized, it must be attested and reference the property by address or parcel number, or both. Also, in order to be counted by the director as a property owner, if the objecting party was not listed on the real estate tax assessment list, then a copy of the recorded deed evidencing transfer of ownership must be submitted along with the attested and notarized statement.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 10.1-2202 of the Code of Virginia.

Public Comment Deadline: November 4, 2015.

Agency Contact: Jennifer Pullen, Executive Assistant, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6085, or email jennifer.pullen@dhr.virginia.gov.

VA.R. Doc. No. R16-4260; Filed September 14, 2015, 12:54 p.m.
TITLE 22. SOCIAL SERVICES
Fraud Reduction/Elimination Effort
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 22VAC40-325, Fraud Reduction/Elimination Effort. The purpose of the proposed action is to more clearly define local funding allocation and reimbursement practices related to local fraud control administrative activities.

This Notice of Intended Regulatory Action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

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 and 63.2-526 of the Code of Virginia.

Public Comment Deadline: November 4, 2015.

Agency Contact: Toni Blue Washington, Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7662, FAX (804) 726-7669, or email toni.washington@dss.virginia.gov.

VA.R. Doc. No. R16-4195; Filed September 14, 2015, 4:25 p.m.