REGULATIONS
Vol. 36 Iss. 16 - March 30, 2020

TITLE 11. GAMING
VIRGINIA RACING COMMISSION
Notice of Extension of Emergency Regulation

Title of Regulation: 11VAC10-47. Historical Horse Racing (adding 11VAC10-47-10 through 11VAC10-47-200).

Statutory Authority: § 59.1-369 of the Code of Virginia.

Effective Date Extended Through: October 3, 2020.

The Governor approved the request of the Virginia Racing Commission to extend the expiration date of the emergency regulation for six months as provided by § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulation will continue in effect through October 3, 2020. The emergency regulation implements Chapter 811 of the 2018 Acts of Assembly, which authorizes Historical Horst Racing at facilities licensed by the Virginia Racing Commission throughout the Commonwealth of Virginia. The commission will begin the process of finalizing the permanent regulation pending completion of legislative action requiring significant changes to the proposed language. The emergency regulation was published in 35:5 VA.R. 785-796 October 29, 2018.

Agency Contact: Kimberly Mackey, Regulatory Coordinator, Virginia Racing Commission, 5707 Huntsman Road, Suite 201-B, Richmond, VA 23250, telephone (804) 966-7406, or email kimberly.mackey@vrc.virginia.gov.

VA.R. Doc. No. R19-5684; Filed March 16, 2020, 7:42 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation

Titles of Regulations: 12VAC30-10. State Plan under Title XIX of the Social Security Act Medical Assistance Program; General Provisions (amending 12VAC30-10-10, 12VAC30-10-410; repealing 12VAC30-10-20).

12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).

12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination (amending 12VAC30-30-10).

12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Effective Date Extended Through: September 17, 2021.

The Governor approved the request of the Department of Medical Assistance Services to extend the expiration date of the emergency regulations for six months as provided by § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulations will continue in effect through September 17, 2021. The emergency regulations incorporate changes made to the State Plan for Medical Assistance to implement Medicaid expansion. The extension is required in order to continue enforcing the legislative mandate set out in the 2018 Appropriation Act, Item 303 SS 4 a. The emergency regulations were published in 35:25 VA.R. 3028-3044 August 5, 2019.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R19-5692; Filed March 16, 2020, 7:41 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation

Titles of Regulations: 12VAC30-10. State Plan under Title XIX of the Social Security Act Medical Assistance Program; General Provisions (amending 12VAC30-10-10, 12VAC30-10-410; repealing 12VAC30-10-20).

12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).

12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination (amending 12VAC30-30-10).

12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Effective Date Extended Through: September 17, 2021.

The Governor approved the request of the Department of Medical Assistance Services to extend the expiration date of the emergency regulations for six months as provided by § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulations will continue in effect through September 17, 2021. The emergency regulations incorporate changes made to the State Plan for Medical Assistance to implement Medicaid expansion. The extension is required in order to continue enforcing the legislative mandate set out in the 2018 Appropriation Act, Item 303 SS 4 a. The emergency regulations were published in 35:25 VA.R. 3028-3044 August 5, 2019.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R19-5692; Filed March 16, 2020, 7:41 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation

Titles of Regulations: 12VAC30-10. State Plan under Title XIX of the Social Security Act Medical Assistance Program; General Provisions (amending 12VAC30-10-10, 12VAC30-10-410; repealing 12VAC30-10-20).

12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).

12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination (amending 12VAC30-30-10).

12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Effective Date Extended Through: September 17, 2021.

The Governor approved the request of the Department of Medical Assistance Services to extend the expiration date of the emergency regulations for six months as provided by § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulations will continue in effect through September 17, 2021. The emergency regulations incorporate changes made to the State Plan for Medical Assistance to implement Medicaid expansion. The extension is required in order to continue enforcing the legislative mandate set out in the 2018 Appropriation Act, Item 303 SS 4 a. The emergency regulations were published in 35:25 VA.R. 3028-3044 August 5, 2019.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R19-5692; Filed March 16, 2020, 7:41 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation

Titles of Regulations: 12VAC30-10. State Plan under Title XIX of the Social Security Act Medical Assistance Program; General Provisions (amending 12VAC30-10-10, 12VAC30-10-410; repealing 12VAC30-10-20).

12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).

12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination (amending 12VAC30-30-10).

12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Effective Date Extended Through: September 17, 2021.

The Governor approved the request of the Department of Medical Assistance Services to extend the expiration date of the emergency regulations for six months as provided by § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulations will continue in effect through September 17, 2021. The emergency regulations incorporate changes made to the State Plan for Medical Assistance to implement Medicaid expansion. The extension is required in order to continue enforcing the legislative mandate set out in the 2018 Appropriation Act, Item 303 SS 4 a. The emergency regulations were published in 35:25 VA.R. 3028-3044 August 5, 2019.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R19-5692; Filed March 16, 2020, 7:41 a.m.
TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Extension of Public Comment Period and Reschedule of Public Hearing

Title of Regulation: 13VAC5-31. Virginia Amusement Device Regulations (amending 13VAC5-31-20, 13VAC5-31-30, 13VAC5-31-40, 13VAC5-31-75; adding 13VAC5-31-300).

Statutory Authority: § 36-98.3 of the Code of Virginia.

The Board of Housing and Community Development noticed a public comment period on amendments to the Virginia Amusement Device Regulations (13VAC5-31) published in the February 3, 2020, issue of the Virginia Register of Regulations (36:12 VA.R. 1452-1457 February 3, 2020).

The public comment period has been extended to May 15, 2020, and commenters will use the Virginia Regulatory Town Hall website at http://www.townhall.virginia.gov/. Please include the full name of the person commenting and any organization represented. To be considered, written comments must be submitted using the Town Hall online comment forum at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=8875 by 11:59 p.m. on May 15, 2020.

A rescheduled public hearing will be held on May 11, 2020, at 10 a.m. at the Virginia Housing Development Authority Virginia Housing Center, 4224 Cox Road, Glen Allen, Virginia 23060. Oral and written comments will be accepted at the public hearing.

Agency Contact: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

VA.R. Doc. No. R19-5883; Filed March 12, 2020,
TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Extension of Public Comment Period and Reschedule of Public Hearing

Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code (amending 13VAC5-51-21, 13VAC5-51-31, 13VAC5-51-61, 13VAC5-51-91, 13VAC5-51-130 through 13VAC5-51-135.5, 13VAC5-51-138.4 through 13VAC5-51-141, 13VAC5-51-142 through 13VAC5-51-144.6, 13VAC5-51-144.8 through 13VAC5-51-155; adding 13VAC5-51-138.1).

Statutory Authority: § 27-97 of the Code of Virginia.

The Board of Housing and Community Development noticed a public comment period on amendments to the Statewide Fire Prevention Code (13VAC5-51) published in the February 3, 2020, issue of the Virginia Register of Regulations (36:12 VA.R. 1457 1581 February 3, 2020).

The public comment period has been extended to May 15, 2020, and commenters will use the Virginia Regulatory Town Hall website, http://www.townhall.virginia.gov/. Please include the full name of the person commenting and any organization represented. To be considered, written comments must be submitted using the Town Hall online comment forum at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=8878 by 11:59 p.m. on May 15, 2020.

A rescheduled public hearing will be held on May 11, 2020, at 10 a.m. at the Virginia Housing Development Authority Virginia Housing Center, 4224 Cox Road, Glen Allen, Virginia 23060. Oral and written comments will be accepted at the public hearing.

Agency Contact: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

VA.R. Doc. No. R19-5886; Filed March 12, 2020, 2:23 p.m.
TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Extension of Public Comment Period and Reschedule of Public Hearing

Title of Regulation: 13VAC5-63. Virginia Uniform Statewide Building Code (amending 13VAC5-63-10, 13VAC5-63-20, 13VAC5-63-30, 13VAC5-63-50, 13VAC5-63-60, 13VAC5-63-80, 13VAC5-63-100, 13VAC5-63-120, 13VAC5-63-130, 13VAC5-63-150, 13VAC5-63-160, 13VAC5-63-190 through 13VAC5-63-280, 13VAC5-63-295 through 13VAC5-63-360, 13VAC5-63-400 through 13VAC5-63-440, 13VAC5-63-450, 13VAC5-63-470, 13VAC5-63-480, 13VAC5-63-490, 13VAC5-63-510, 13VAC5-63-520, 13VAC5-63-530, 13VAC5-63-540, 13VAC5-63-545; repealing 13VAC5-63-445).

Statutory Authority: § 36-98 of the Code of Virginia.

The Board of Housing and Community Development noticed a public comment period on amendments to the Virginia Uniform Statewide Building Code (13VAC5-63) published in the February 3, 2020, issue of the Virginia Register of Regulations (36:12 VA.R. 1581-1774 February 3, 2020).

The public comment period has been extended to May 15, 2020, and commenters will use the Virginia Regulatory Town Hall website at http://www.townhall.virginia.gov/. Please include the full name of the person commenting and any organization represented. To be considered, written comments must be submitted using the Town Hall online comment forum at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=8877 by 11:59 p.m. on May 15, 2020.

A rescheduled public hearing will be held on May 11, 2020, at 10 a.m. at the Virginia Housing Development Authority Virginia Housing Center, 4224 Cox Road, Glen Allen, Virginia 23060. Oral and written comments will be accepted at the public hearing.

Agency Contact: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

VA.R. Doc. No. R19-5887; Filed March 12, 2020, 2:26 p.m.
TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Extension of Public Comment Period and Reschedule of Public Hearing

Title of Regulation: 13VAC5-91. Virginia Industrialized Building Safety Regulations (amending 13VAC5-91-10, 13VAC5-91-20, 13VAC5-91-150, 13VAC5-91-160, 13VAC5-91-260).

Statutory Authority: § 36-73 of the Code of Virginia.

The Board of Housing and Community Development noticed a public comment period on amendments to the Virginia Industrialized Building Safety Regulations (13VAC5-91) published in the February 3, 2020, issue of the Virginia Register of Regulations (36:12 VA.R. 1747-1750 February 3, 2020).

The public comment period has been extended to May 15, 2020, and commenters will use the Virginia Regulatory Town Hall website at http://www.townhall.virginia.gov/. Please include the full name of the person commenting and any organization represented. To be considered, written comments must be submitted using the Town Hall online comment forum at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=8876 by 11:59 p.m. on May 15, 2020.

A rescheduled public hearing will be held on May 11, 2020, at 10 a.m. at the Virginia Housing Development Authority Virginia Housing Center, 4224 Cox Road, Glen Allen, Virginia 23060. Oral and written comments will be accepted at the public hearing.

Agency Contact: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

VA.R. Doc. No. R19-5885; Filed March 12, 2020, 2:28 p.m.
TITLE 14. INSURANCE
STATE CORPORATION COMMISSION
Proposed Regulation

REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

Title of Regulation: 14VAC5-200. Rules Governing Long-Term Care Insurance (amending 14VAC5-200-125).

Statutory Authority: §§ 12.1-13 and 38.2-223 of the Code of Virginia.

Public Hearing Information: A public hearing will be scheduled upon request.

Public Comment Deadline: May 1, 2020.

Agency Contact: Bob Grissom, Chief Insurance Market Examiner, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9152, FAX (804) 371-9944, or email bob.grissom@scc.virginia.gov.

Summary:

The proposed amendments remove the due date for annual long-term care rate reports, which coincides with other deadlines that impact workloads within the Bureau of Insurance, allowing the bureau to set the date by administrative letter. The new deadline for the annual rate report is anticipated to be in September or October of each year.

AT RICHMOND, MARCH 11, 2020

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. INS-2020-00033

Ex Parte: In the matter of Amending Rules

Governing Long-Term Care Insurance

ORDER TO TAKE NOTICE

Section 12.1-13 of the Code of Virginia ("Code") provides that the State Corporation Commission ("Commission") shall have the power to promulgate rules and regulations in the enforcement and administration of all laws within its jurisdiction, and § 38.2-223 of the Code provides that the Commission may issue any rules and regulations necessary or appropriate for the administration and enforcement of Title 38.2 of the Code.

The rules and regulations issued by the Commission pursuant to § 38.2-223 of the Code are set forth in Title 14 of the Virginia Administrative Code. A copy also may be found at the Commission's website: http://www.scc.virginia.gov/case.

The Bureau of Insurance ("Bureau") has submitted to the Commission proposed amendments to the Rules at Chapter 200 of Title 14 of the Virginia Administrative Code entitled "Rules Governing Long-Term Care Insurance," which amend the Rules at 14 VAC 5-200-125.

The amendments to the Rules are necessary to allow more flexibility with the due date for the annual long-term care rate report. The Commission intends to allow the Bureau to set a date by administrative letter in approximately September or October.

NOW THE COMMISSION is of the opinion that the proposal to amend the Rules at Chapter 200 of Title 14 of the Virginia Administrative Code as submitted by the Bureau should be considered for adoption with a proposed effective date of July 1, 2020.

Accordingly, IT IS ORDERED THAT:

(1) The proposal to amend Chapter 200 of Title 14 of the Virginia Administrative Code at 14 VAC 5-200-125 is attached hereto and made a part hereof.

(2) All interested persons who desire to comment in support of or in opposition to, or request a hearing to oppose amendments to Chapter 200 shall file such comments or hearing request on or before May 1, 2020, with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218, and shall refer to Case No. INS-2020-00033. Interested persons desiring to submit comments electronically may do so by following the instructions at the Commission's website: http://www.scc.virginia.gov/case. All comments shall refer to Case No. INS-2020-00033.

(3) If no written request for a hearing on the proposal to amend rules as outlined in this Order is received on or before May 1, 2020, the Commission, upon consideration of any comments submitted in support of or in opposition to the proposal, may adopt amendments to Chapter 200 of Title 14 of the Virginia Administrative Code as proposed by the Bureau.

(4) The Bureau shall provide notice of the proposal to all carriers licensed in Virginia to write long-term care insurance and to all interested persons.

(5) The Commission's Division of Information Resources shall cause a copy of this Order, together with the proposal to amend rules, to be forwarded to the Virginia Registrar of Regulations for appropriate publication in the Virginia Register of Regulations.

(6) The Commission's Division of Information Resources shall make available this Order and the attached proposal on the Commission's website: http://www.scc.virginia.gov/case.

(7) The Bureau shall file with the Clerk of the Commission an affidavit of compliance with the notice requirements of Ordering Paragraph (4) above.

(8) This matter is continued.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: C. Meade Browder, Jr., Senior Assistant Attorney General, Office of the Attorney General, Division of Consumer Counsel, 202 N. 9th Street, 8th Floor, Richmond, Virginia 23219-3424; and a copy hereof shall be delivered to the Commission's Office of General Counsel and the Bureau of Insurance in care of Deputy Commissioner Julie S. Blauvelt.

14VAC5-200-125. Annual rate reports.

A. Every insurer shall report to the commission annually by June 30 premium rates for all long-term care insurance policies. The commission shall establish the due date and post this report to the Bureau of Insurance's webpage. The rate report shall include:

1. For policies issued on or after October 1, 2003, an actuarial certification prepared, dated, and signed by a qualified actuary that provides at least the following information:

a. A statement of the sufficiency of the current premium rate schedule including:

(1) For policies currently marketed:

(a) The premium rate schedule continues to be sufficient to cover anticipated costs under moderately adverse experience, consistent with the margins as defined in the original rate filing or any subsequent rate filing, and that the premium rate schedule is reasonably expected to be sustainable over the life of the form with no future premium increases anticipated; or

(b) If the statement in subdivision 1 a (1) (a) of this subsection cannot be made, a statement that margins for moderately adverse experience, consistent with the margins as defined in the original rate filing or any subsequent rate filing, may no longer be sufficient. In this situation, the insurer shall submit to the commission within 60 days of the date of the actuarial certification a plan of action, including a timeframe, for the reestablishment of adequate margins for moderately adverse experience so that the ultimate premium rate schedule would be reasonably expected to be sustainable over the future life of the form with no future premium increases anticipated. Failure to submit a plan of action to the commission within 60 days or to comply with the timeframe stated in the plan of action constitutes grounds for withdrawal or modification of approval of the form for future sales.

(2) For policies that are no longer marketed:

(a) A statement that the premium rate schedule continues to be sufficient to cover anticipated costs under best estimate assumptions; or

(b) A statement that the premium rate schedule may no longer be sufficient. The insurer shall submit to the commission within 60 days of the date of the actuarial certification a plan of action, including a timeframe for the reestablishment of adequate margins for moderately adverse experience.

b. A description of the review performed that led to the statement.

c. At least once every three years, an actuarial memorandum dated and signed by a qualified actuary that supports the actuarial certification and provides at least the following information:

(1) A detailed explanation of the data sources and review performed by the actuary prior to making the statement in subdivision 1 a (1) of this subsection;

(2) A complete description of experience assumptions and their relationship to the initial pricing assumptions;

(3) A description of the credibility of the experience data; and

(4) An explanation of the analysis and testing performed in determining the current presence of margins.

2. For policies issued prior to October 1, 2003, the report shall include a statement signed by a qualified actuary that a complete analysis and review of the premium rates was conducted, a description of the analysis, the date on which the analysis was completed, and any rate action found to be necessary as a result of the analysis.

B. Reports required in this section shall be based on the previous calendar year data and filed with the commission no later than June 30 the due date. The commission may request any additional information that will support the information required in this section.

VA.R. Doc. No. R20-6337; Filed March 11, 2020, 1:41 p.m.
TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation. The Safety and Health Codes Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (amending Appendix A to 16VAC25-90-1910.134).

Statutory Authority: § 40.1-22 of the Code of Virginia; Occupational Safety and Health Act of 1970 (P.L. 91-596).

Effective Date: March 31, 2020.

Agency Contact: Holly Trice, Senior Staff Attorney and Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-2641, FAX (804) 371-6524, or email holly.trice@doli.virginia.gov.

Summary:

In a final rule, federal Occupational Safety and Health Administration approved two additional quantitative fit testing protocols for inclusion in Appendix A of the Respiratory Protection Standard, including the modified ambient aerosol condensation nuclei counter (CNC) quantitative fit testing protocol for full-facepiece and half-mask elastomeric respirators and the modified ambient aerosol CNC quantitative fit testing protocol for filtering facepiece respirators. The protocols apply to employers in general industry, shipyard employment, and the construction industry. In this regulatory action, the board is adopting this final rule.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards) is declared a document generally available to the public and appropriate for incorporation by reference. For this reason, this document will not be printed in the Virginia Register of Regulations. A copy of this document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Statement of Final Agency Action: On March 5, 2020, the Safety and Health Codes Board adopted the federal Occupational Safety and Health Administration's final rule for Additional Ambient Aerosol CNC Quantitative Fit Testing Protocols: Respiratory Protection Standard, as published in 84 FR 50739 through 84 FR 50756 on September 26, 2019, with an effective date of March 31, 2020.

Federal Terms and State Equivalents: When the regulations as set forth in the revised Final Rule for the Respiratory Protection Standard are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows:

Federal Terms

VOSH Equivalent

29 CFR

VOSH Standard

Assistant Secretary

Commissioner of Labor and Industry

Agency

Department

September 26, 2019

March 31, 2020

VA.R. Doc. No. R20-6294; Filed March 11, 2020, 11:06 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
COMMON INTEREST COMMUNITY BOARD
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Title of Regulation: 18VAC48-45. Time-Share Regulations.

Contact Information: Joseph C. Haughwout, Jr., Regulatory Administrator, Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2684, or email joseph.haughwout@dpor.virginia.gov.

FORMS (18VAC48-45)

Time-Share Registration/Amendment Application A492-0515REG-v2 (eff. 10/2018)

Time-Share Annual Report A492-0515ANRPT-v4 (eff. 10/2018)

Time-Share Registration/Amendment Application A492-0515REG-v3 (eff. 1/2020)

Time-Share Annual Report A492-0515ANRPT-v5 (eff. 1/2020)

Time-Share Building Status Form A492-0515BLDST-v1 (eff. 9/2013)

Time-Share Bond/Letter of Credit Verification Form A492-0515BOND-v2 (eff. 10/2018)

Time-Share Exchange Company Annual Report A492-0516ANRPT-v1 (eff. 9/2013)

Time-Share Exchange Company Registration Application A492-0516REG-v1 (eff. 9/2013)

Alternative Purchase Annual Report A492-0524ANRPT-v1 (eff. 10/2015)

Alternative Purchase Registration Application A4920524REG-v1 (eff. 10/2015)

Time-Share Reseller Lead Dealer Change Form A492-0525LDCHG-v1 (eff. 1/2016)

Time-Share Reseller Registration Application A492-0525REG-v2 (eff. 10/2018)

Time-Share Bond/Letter of Credit Verification Form A492-0515BOND-v3 (eff. 1/2020)

Time-Share Exchange Program Registration Application A492-0516REG-v2 (eff. 1/2020)

Time-Share Exchange Program Annual Report A492-0516ANRPT-v2 (eff. 1/2020)

Alternative Purchase Registration Application A492-0524REG-v2 (eff. 1/2020)

Alternative Purchase Annual Report A492-0524ANRPT-v2 (eff. 1/2020)

Time-Share Reseller Registration Application A492-0525REG-v3 (eff. 1/2020)

Time-Share Reseller Lead Dealer Change Form A492-0525LDCHG-v2 (eff. 1/2020)

VA.R. Doc. No. R20-6328; Filed March 5, 2020, 2:30 p.m.