GENERAL NOTICES
Vol. 32 Iss. 26 - August 22, 2016

COMMONWEALTH TRANSPORTATION BOARD

Solicitation of Public Comment Concerning Mobile Food Vending in Virginia Department of Transportation-owned Commuter Parking Lots in Northern Virginia

As part of its efforts to comply with Chapter 765 of the 2016 Acts of Assembly, the Virginia Department of Transportation (VDOT) plans to propose to the Commonwealth Transportation Board amendments to the Rules and Regulations for the Administration of Parking Lots and Environs (24VAC30-100) and the Land Use Permit Regulations (24VAC30-151) concerning mobile food vending in VDOT-owned commuter parking lots in Planning District 8, which comprises the following counties: Fairfax, Loudoun, and Prince William.

The Land Use Permit Regulations (24VAC30-151) were amended in 2015 to allow food vendors to sell items on state highway right-of-ways as directed by Chapter 466 of the 2015 Acts of Assembly. Chapter 765 directs VDOT to develop guidelines, consistent with the board's regulations and policies, to permit mobile food vending in commuter parking lots owned by VDOT and to vend to commuters. Additionally, any necessary regulatory changes are to be exempt from the Administrative Process Act. VDOT is seeking input from localities and other stakeholders during the process of amending the regulations.

The public comment period will close at 5 p.m. on September 4, 2016. Anyone wishing to submit comments may do so by mail, email, or fax to the contact person listed below.

Contact Information: Robert W. Hofrichter, Land Use Director, Office of Land Use, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-0780, FAX (804) 225-4785, or email robert.hofrichter@vdot.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

August 1, 2016

Administrative Letter 2016-08

To: All Property and Casualty Insurance Companies Licensed in Virginia and Rate Service Organizations Licensed in Virginia

Re: Amendments to § 38.2-231 of the Code of Virginia; Withdrawal of Administrative Letter 2006-12

Chapter 4 of the 2016 Acts of the Assembly (House Bill 31) became effective immediately upon Governor McAuliffe's signature on February 23, 2016. House Bill 31 amends and reenacts a number of sections within Title § 38.2 of the Code of Virginia relating to notices required in certain insurance policies. This letter summarizes changes resulting from this legislation that insurers should take note of, and provides clarification and guidance, particularly with respect to the circumstances under which certain notices must be provided, and the methods by which insurers may verify proof of mailing of the notices. This letter replaces Administrative Letter 2006-12, which is hereby withdrawn.

House Bill 31 modifies the provisions of Virginia Code §§ 38.2-231, 38.2-2113, and 38.2-2208 by restoring an insurer's ability to use a certificate of mailing from the United States Postal Service (USPS) to demonstrate that a notice was mailed to the insured or lienholder, often referred to as "proof of mailing." These statutes apply to notices of cancellation or refusals to renew a policy, and, for policies subject to the provisions of § 38.2-231, to the notice of a premium increase greater than 25 percent, and notice of a reduction in coverage (collectively, "notice").  Bulk mailing is not a recognized proof of mailing method.

House Bill 31 also clarifies that Intelligent Mail barcode tracing (IMb TracingTM) is a permitted first-class mail tracking method and identifies a requirement for insurers to maintain records for sending notices for one year, regardless of the method used. For more information regarding IMb TracingTM, please see the guidance document on the P&C Company webpage: Guidance—Using IMb Tracing™ as Proof of Mailing.

Issues on which the Bureau Most Frequently Receives Inquiries

Insurer-Initiated Increases in Premium that Trigger a Notice to the Insured

Subsection M of § 38.2-231 defines an insurer-initiated increase in premium as an increase in premium other than one resulting from changes in (i) coverage requested by the insured; (ii) policy limits requested by the insured; (iii) the insured's operation or location that result in a change in the classification of the risk; or (iv) the rating exposures including, but not limited to, increases in payroll, receipts, square footage, number of automobiles insured, or number of employees.

Examples of an insurer-initiated increase include an increase in the filed rates; changes in experience or schedule rating resulting in an increase in premium; and, for claims-made policies, annual premium increases until the risk reaches a mature claims-made status.

To determine whether a notice is required, the insurer must first compare the renewal premium to the premium charged by the insurer at the effective date of the expiring policy. If the renewal premium has increased more than 25%, the insurer then must determine if its own actions have generated a premium increase greater than 25%. The insurer is only required to send notice when its own actions have caused the premium to increase more than 25%.

Section 38.2-231 states that the notice must either contain the specific reason for the increase or advise the insured of the specific reason for the increase and that the amount of the increase may be obtained from the agent or the insurer.

Effect of Failing to Provide a Notice of Insurer-Initiated Increase in Premium or Reduction in Coverage

Subsection D of § 38.2-231 sets forth the procedures that an insurer must follow when proper notice of an increase in premium or reduction in coverage was not given. If proper notice is not given, the policy remains in effect for 45 days after written notice is mailed or delivered to the insured, unless the insured obtains replacement coverage or elects to cancel sooner. In either case, coverage under the prior policy ceases on the effective date of the replacement coverage or the elected date of cancellation. If the insured fails to accept or rejects the changed policy, coverage for any period that extends beyond the expiration date will be under the prior policy's rates, terms, and conditions as applied against the renewal policy's limits, rating exposures, and coverages.

Circumstances where Notice of Insurer-Initiated Increase in Premium or Reduction in Coverage Is Not Needed

Subsection E of § 38.2-231 provides that the notice is not required if:

• the insurer delivers or mails to the named insured a renewal policy or a renewal offer not less than 45 days prior to the effective date or, in the case of medical malpractice insurance, not less than 90 days prior to the effective date of the policy;

• the policy is issued to a large commercial risk as defined in subsection C of § 38.2-1903.1 (except that policies of medical malpractice insurance are not exempt from the notice requirement); or

• the policy is retrospectively rated, where the premium is adjusted at the end of the policy period to reflect the insured's actual loss experience.

Policies to which Section 38.2-231 Applies

Section 38.2-231 applies to all policies of insurance as defined in §§ 38.2-117 and 38.2-118 that insure a business entity, or policies of insurance that include in part insurance as defined in §§ 38.2-117 or 38.2-118 insuring a business entity. Section 38.2-231 also applies to policies of insurance as defined in § 38.2-124 insuring a business entity and to policies of insurance as defined in subsection B of § 38.2-111 insuring a business entity.  Such policies include, but are not limited to, commercial automobile liability, commercial package policies (that include liability coverage), commercial general liability, professional liability, commercial umbrella, directors' and officers' liability, errors and omissions, employment related practices liability, pollution liability, gap insurance, and tuition refund policies.

(Please note that even if a line of insurance is exempt from rate filing requirements, the premium notice requirements still apply.)

Policies to which § 38.2-231 Does Not Apply

Section 38.2-231 does not apply to personal lines policies that have business exposures endorsed on them. For example, homeowners and private passenger automobile policies that cover some business exposure of the insured are governed by the termination provisions set forth in §§ 38.2-2114 and 38.2-2212, respectively.

The definition of a "policy of motor vehicle insurance" in subsection H of § 38.2-231 excludes policies issued through the Virginia Automobile Insurance Plan. Please refer to this subsection for additional exemptions.

Specific Reason for Cancelling, Refusing to Renew, Initiating an Increase in Premium or Reduction in Coverage

The insurer is required by § 38.2-231 to provide a specific reason for the cancellation, refusal to renew, insurer-initiated increase in premium or reduction in coverage that is clear enough for the insured to understand why the policy is being cancelled or non-renewed.  The following examples are not considered specific reasons: "loss history," "driving records," "claims," "prohibited risk," "underwriting reason," "loss history unacceptable," "engineering report," "inspection report," or "loss ratio exceeds acceptable margin."

Insurer Responsibilities When Moving Insureds from One Company to Another in a Group

A non-renewal notice is required even when coverage is being offered by another insurer within the same group of insurers unless the affiliated insurer offers to provide coverage at a lower premium than would have been charged for the same exposures on the expiring policy and the affiliated insurer's policy has the types and limits of coverage at least equal to those on the expiring policy. See § 38.2-231 A 3.

If you have any questions regarding this administrative letter, please contact Manager, Property & Casualty Consumer Services Section, telephone (804) 371-9185, or email bureauofinsurance@scc.virginia.gov.

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Public Comment on the Civil Enforcement Manual

Purpose of notice: To announce an opportunity for public comment on the Department of Environmental Quality's Civil Enforcement Manual.

Public comment period: August 22, 2016, through September 21, 2016.

Topic of public comment: The Department of Environmental Quality (DEQ) is providing an opportunity for the public to comment on draft, revised guidance used in its enforcement program. The draft, revised guidance addresses the procedures that DEQ staff use to resolve and prioritize alleged violations of environmental requirements and how to calculate appropriate civil charges/civil penalties in administrative enforcement actions for DEQ's Air Stationary Source Program, Land Protection and Remediation Programs, and Water Programs. Once final, the draft, revised guidance will supersede the current Chapters 2 through 4 of the DEQ Civil Enforcement Manual (Virginia Regulatory Town Hall ID: CEM-03, CEM-04, CEM-06, CEM-07, CEM-07A, and CEM-07BMemo). The draft text can be found at http://www.deq.virginia.gov/Programs/Enforcement/PublicNotices.aspx.

Comments may be emailed to the agency contact listed below.

Contact Information: Lee Crowell, Hearing and Legal Services Officer, Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, telephone (804) 698-4450, or email lee.crowell@deq.virginia.gov.

STATE BOARD OF HEALTH AND

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Proposed Notice of No Need for Certificate of Public Need Applications for Development of Additional Nursing Home Beds

Legal Notice of Request for Certificate of Public Need Applications.

Pursuant to the requirements of § 32.1-102.3:2 of the Code of Virginia notice is hereby given of consideration of the need to issue a request for applications (RFA) for the development of additional nursing home beds in Virginia. This notice reviews the qualification of Virginia's 22 health planning districts for the authorization of additional nursing home beds pursuant to applicable law and regulation (12VAC5-230).

Evaluation of Need for Additional Nursing Home Beds.

The Nursing Home Services component of the State Medical Facilities Plan (12VAC5-230) contains a nursing home bed-need forecasting method (12VAC5-230-610). This method has been employed by the Virginia Department of Health to compute a forecast of needed nursing home beds in 2019 in each of Virginia's 22 health planning districts.1

Consistent with 12VAC5-230-610 A of the State Medical Facilities Plan (SMFP), no planning district is considered to have a need for additional nursing home beds unless the average annual occupancy of all existing nonfederal, Medicaid-certified nursing home beds in the planning district was at least 93% for the most recent year for which bed utilization has been reported to the Virginia Department of Health (through nursing home filings with Virginia Health Information, Inc.).2 For purposes of this document, 2014 is the most recent year of nursing home utilization data reported to Virginia Health Information.

Also, no planning district will be considered to have a need for additional nursing home beds if there are uncompleted nursing home beds that were authorized for the planning district within the last three years and that will be Medicaid-certified beds. The following table displays, by planning district, the nursing home gross bed need forecast for 2019, the current licensed bed inventory and authorized additions of nursing home beds, and the net bed need forecast for 2019.

The table also shows the average annual percent occupancy of Medicaid-certified nursing home beds for each planning district for the 2014 reporting year and identifies the status of each planning district with respect to authorized but uncompleted nursing home beds. The final column of the table states whether the planning district qualifies for additional nursing home beds for the 2019 planning year.


Nursing Home Bed Need Forecast and
Whether a Planning District Qualifies for Additional Nursing Home Beds
for the 2019 Planning Year

 

Planning
District

 

Bed Need
Forecast
for 2019

Existing
and
Authorized
Beds

Projected Net
Bed Need
in 2019

Average
Occupancy of
Medicaid Beds
2014

Authorized
but
Uncompleted
Medicaid Beds

Planning District
Qualifies for
Additional
Nursing Home Beds

1

571

631

(60)

88.4%

no

no--no need

2

522

529

(7)

81.4%

no

no--no need

3

1,354

1,525

(171)

90.5%

no

no--no need

4

762

788

(26)

85.6%

no

no--no need

5

2,096

2,285

(189)

89.6%

no

no--no need

6

1,522

1,536

(14)

91.0%

yes

no--no need

7

939

992

(53)

91.4%

no

no--no need

8

4,182

4,439

(257)

88.0%

yes

no--no need

9

718

766

(48)

86.1%

no

no--no need

10

1,008

1,037

(29)

90.1%

no

no--no need

11

1,416

1,596

(180)

85.1%

no

no--no need

12

1,922

1,929

(7)

90.7%

no

no--no need

13

809

862

(53)

87.4%

no

no--no need

14

551

670

(119)

85.0%

no

no--no need

15

3,970

4,035

(65)

90.4%

no

no--no need

16

824

785

39

84.8%

no

no--low occu.

17

261

308

(47)

87.5%

no

no--no need

18

517

540

(23)

88.4%

no

no--no need

19

937

1,055

(118)

89.0%

no

no--no need

20

4,116

4,330

(214)

87.8%

no

no--no need

21

1,796

1,728

68

90.1%

no

no--low occu.

22

315

376

(61)

87.4%

no

no--no need

Sources:

Virginia State Medical Facilities Plan (12VAC5-230)

University of Virginia Weldon Cooper Center for Public Service (population projections, 2012 edition)

2014 Virginia Nursing Home Patient-Origin Survey, VDH Office of Licensure and Certification (for age-specific nursing home use rates)

VDH Office of Licensure and Certification (for bed inventory).


Conclusion.

The Request for Applications for nursing home beds issued in 2016 is hereby issued as a notice that no need exists for new nursing home beds.  As shown in the preceding table, no

planning district is identified by the standards of the SMFP as having a forecasted need for nursing home beds by 2019. No planning district in the Commonwealth currently meets the three-part test for qualification by:

1) Having a positive formula-generated need projection;

2) Having an average annual occupancy percentage of Medicaid-certified beds for the most recent reporting year of 93% or higher; and

3) Having no uncompleted nursing home beds authorized within the last three years that will be Medicaid-certified.

Any person objecting to this notice may notify the State Health Commissioner and the State Board of Health within 14 days of publication of this notice in the Virginia Register. Any objections received will be considered and replied to before a final notice is published.

Contact Information: Domica Winstead, Policy Analyst, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2107, or email domica.winstead@vdh.virginia.gov.

____________________________________

1 For conduct of the certificate of public need program, the Virginia Department of Health continues to recognize the former Planning District 20, Southeastern Virginia, and the former Planning District 21, Peninsula, rather than the current combined Planning District 23, Hampton Roads.

2 The Veterans Care Centers are excluded by regulation from consideration in the determination of nursing home bed need.


VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on August 3, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number Ninety-Nine (16)

Virginia Lottery's "Special Events Print 'n Play Promotion" Final Rules for Operation (this Director's Order becomes effective on July 25, 2016, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred (16)

Virginia Lottery's "Premium Registration Coupon Promotion" Final Rules for Operation (this Director's Order becomes effective nunc pro tunc to July 18, 2016, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred One (16)

Virginia Lottery's Scratch Game 1701 "Thrills, Chills & $50 Bills" Final Rules for Game Operation (effective July 19, 2016)

Director's Order Number One Hundred Four (16)

Virginia Lottery's Scratch Game 1634 "Double Shot Crossword" Final Rules for Game Operation (effective July 5, 2016)

Director's Order Number One Hundred Five (16)

Virginia Lottery's Scratch Game 1677 "Gold Coin Crossword" Final Rules for Game Operation (effective July 20, 2016)

Director's Order Number One Hundred Six (16)

Virginia Lottery's Scratch Game 1668 "Super Triple 777" Final Rules for Game Operation (effective July 20, 2016)

Director's Order Number One Hundred Seven (16)

Virginia Lottery's Scratch Game 1697 "100X the Money" Final Rules for Game Operation (effective August 2, 2016)

Director's Order Number One Hundred Eight (16)

Virginia Lottery's Scratch Game 1707 "$15 Million Payout" Final Rules for Game Operation (effective August 2, 2016)

Director's Order Number One Hundred Nine (16)

Virginia Lottery's Scratch Game 1715 "5X the Money" Final Rules for Game Operation (effective August 2, 2016)

Director's Order Number One Hundred Ten (16)

Virginia Lottery's Scratch Game 1712 "Turkey Payout" Final Rules for Game Operation (effective August 2, 2016)

Director's Order Number One Hundred Eleven (16)

Virginia Lottery's Vegas VIP Promotion Final Rules for Operation (this Director's Order becomes effective on September 13, 2016, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

BOARD OF MEDICAL ASSISTANCE SERVICES

Notice of Rate Increase for Case Management for Individuals with Developmental Disabilities - Notice of Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Social Security Act (42 USC § 1396a(a)(13)))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to increase the rate paid for case management services for individuals with developmental disabilities. This change will be reflected in an update to the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80).

This notice is not required by 42 CFR § 447.205 and § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13), but is nevertheless designed to meet those requirements. A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, DMAS, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at william.lessard@dmas.virginia.gov.

DMAS is specifically soliciting input from stakeholders, providers, and beneficiaries on the potential impact of the proposed increase in the case management rate for individuals with developmental disabilities and on any effect on beneficiary access to care. Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Mr. Lessard and such comments are available for review at the same address.  Comments may also be submitted, in writing, and are available for review on the Virginia Regulatory Town Hall public comment forum for this notice.

This notice is available for public review on the Virginia Regulatory Town Hall (http://townhall.virginia.gov), on the General Notices page, found at http://townhall.virginia.gov/L/generalnotice.cfm.

DMAS is clarifying that it is not changing its methods and standards for setting payment rates. However, in order to comply with the legislative mandates set forth in Item 306 of Chapter 780 of the 2016 Acts of Assembly, DMAS is posting this notice of its intent to increase the rate paid for case management services for individuals with developmental disabilities.

Reimbursement Changes Affecting Other Providers (12VAC30-80)

12VAC30-80-110 is being amended to remove the reference to rates that were established in September 2013, as DMAS plans to increase the rates for case management services for individuals with developmental disabilities by 38%. The rate increase will be effective July 1, 2016.

The expected annual increase in expenditures for the rate increase is $964,211.81.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

SAFETY AND HEALTH CODES BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-160, Construction Industry Standard for Sanitation, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated July 20, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continuing need for this regulation because Virginia employers and employees engaged in construction activities still need access to potable toilet facilities and handwashing facilities, which are in a clean and sanitary condition (in accordance with appropriate public health sanitation practices) without cost to the employees. The potable drinking water must be suitably cool and in sufficient amounts so that it is not completely consumed during the workday. Toilet and handwashing facilities shall be provided, and toilets shall be adequately ventilated with self-closing doors that can be closed and latched from inside to ensure privacy.

No comments were received on this regulation during the public comment period which began on May 23, 2016, and concluded on June 14, 2016.

This regulation is not overly complex. It has no negative impact on the regulated community and does not overlap, duplicate, or conflict with federal or state law or regulation. Since the date when this regulation became effective, technology, economic conditions, and other factors have not changed in the area affected by the regulation.

As a result of this periodic review, the agency has determined that this regulation has no negative economic impact on small businesses. Consistent with the stated objectives of applicable law, the Department of Labor and Industry and the Safety and Health Codes Board have concluded that this regulation should be retained with no changes.

Contact Information: Regina P. Cobb, Senior Management Analyst, Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-0610, FAX (804) 786-8418, or email regina.cobb@doli.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-180, Virginia Field Sanitation Standard, Agriculture, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated July 20, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for this regulation to protect the public health, safety, and welfare of Virginia agricultural workers by providing them with potable drinking water and sanitary facilities.

The agency and the Safety and Health Codes Board have no knowledge of any complaints from the public concerning the regulation. No public comments were received on this regulation during the public comment period which began on May 23, 2016, and concluded on June 14, 2016.

The regulation is not overly complex, and does not overlap, duplicate or conflict with federal or state law or regulation.

This regulation was last evaluated by means of a periodic review in 2009, and there are no known factors that have changed in the area affected by the regulation.

As a result of this periodic review, the agency has determined that this regulation has no negative economic impact on small businesses. Consistent with the stated objectives of applicable law, the Department of Labor and Industry and the Safety and Health Codes Board have concluded that this regulation should be retained without changes.

Contact Information: Regina P. Cobb, Senior Management Analyst, Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-0610, FAX (804) 786-8418, or email regina.cobb@doli.virginia.gov

DEPARTMENT OF TAXATION

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Taxation is conducting a periodic review and small business impact review of 23VAC10-370, Cigarette Tax Regulations.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this 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.

The comment period begins September 5, 2016, and ends September 26, 2016.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299, FAX (804) 371-2355, or email joseph.mayer@tax.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for Milton F. Wright Trucking, Inc.

An enforcement action has been proposed for Milton F. Wright Trucking, Inc. for violations at the Claremont Farm, the Cather Farm, and the Maslaney Farm in Berryville, Virginia. The State Water Control Board proposes to issue a consent order to Milton F. Wright Trucking, Inc. to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Karen Hensley will accept comments by email at karen.hensley@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from August 22, 2016, to September 21, 2016.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

ERRATA

DEPARTMENT OF STATE POLICE

Title of Regulation: 19VAC30-70. Motor Vehicle Safety Inspection Regulations.

Publication: 32:24 VA.R. 3317-3389 July 25, 2016

Corrections to Final Regulation:

Page 3345, 19VAC30-70-140 A 7, line 4, after "subsection" strike "F" and insert "E"

Page 3347, 19VAC30-70-140 D, beginning of line 5, strike "subdivision 1 of"

Page 3353, 19VAC30-70-180, subdivision 10, line 2, after "9," insert "11," and after "and" strike "10" and insert "12"

Page 3355, 19VAC30-70-200 C 1, line 2, after "with" strike "subdivision 1" and insert "subsection A"

Page 3365, 19VAC30-70-440 D 4 c, line 3, after "subdivision" strike "a below" and insert "D 4 c (1) of this section"

Page 3371, 19VAC30-70-470, subdivision 15, c NOTE, line 2, after "in" strike "above referred to section" and insert "Figures 1 through 4"

Page 3383, 19VAC30-70-550, subdivision 8, NOTE, line 2, after "7," insert "and" and after "9" strike "and 10"

VA.R. Doc. No. R16-4533; Filed August 11, 2016, 1:55 p.m.