GENERAL NOTICES
Vol. 34 Iss. 5 - October 30, 2017

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

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 State Board of Behavioral Health and Developmental Services is conducting a periodic review and small business impact review of 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services.

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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 Monday, October 30, 2017, and ends Friday, December 15, 2017.

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 Cleopatra L. Booker, Psy.D., Director, Office of Licensing, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-1747, FAX (804) 692-0066, or email cleopatra.booker@dbhds.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

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 State Board of Behavioral Health and Developmental Services is conducting a periodic review and small business impact review of 12VAC35-180, Regulations to Assure the Protection of Subjects in Human Research.

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 October 30, 2017, and ends November 21, 2017.

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

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Alton Post Office Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Halifax County

Alton Post Office Solar, LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Halifax County, Virginia, pursuant to 9VAC15-60.

The proposed project will be located along Route 711, Alton Post Office Road, north of Route 768, Hendricks Road, east of Route 699, Mount Carmel Road, and southwest of Alton in Halifax County. This project will have a maximum generating capacity of 150 megawatts alternating current across roughly 502 acres on multiple parcels. The project will connect to the grid through transmission lines that bisect the property.

Contact Information: Mary E. Major, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

Crystal Hill Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Halifax County

Crystal Hill Solar, LLC, has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Halifax County, Virginia, pursuant to 9VAC15-60.

The proposed project will be located along the south side of Crystal Hill Road near Crystal Hill in Halifax County. This project will have a maximum generating capacity of 150 megawatts alternating current across roughly 629 acres on multiple parcels. The project will connect to the grid through a substation that is adjacent to the site.

Contact Information: Mary E. Major, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on October 11, 2017. The orders may be viewed at the Virginia Lottery, 600 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia.

Director's Order Number One Hundred Thirty-Seven (17)

Certain Virginia Promotion; Rescission of Promotion - GPM Loyalty Card Retailer Incentive Promotion (79 2017) (this Director's Order is effective nunc pro tunc to August 1, 2017, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Forty-Two (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Blackjack" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Forty-Three (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Daily Crossword" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Forty-Four (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Extreme Crossword" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Forty-Five (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Gold Bar Bingo" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Forty-Six (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play High Stakes Blackjack" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Forty-Seven (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Hot 'n Spicy Bingo" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Forty-Eight (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Lucky Bingo" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Forty-Nine (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Platinum Crossword" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Fifty (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Smokin Hot Crossword" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Fifty-One (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Bonus Bingo" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Fifty-Two (17)

Virginia Lottery's Scratch Game 1841 "Extreme Millions" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Fifty-Three (17)

Virginia Lottery's Scratch Game 1844 "Casino Cheer" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Fifty-Four (17)

Virginia Lottery's Scratch Game 1842 "Holiday Dreams" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Fifty-Five (17)

Virginia Lottery's Scratch Game 1846 "Merry Multiplier" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Fifty-Six (17)

Virginia Lottery's Scratch Game 1843 "Peppermint Double Match" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Fifty-Seven (17)

Virginia Lottery's Scratch Game 1845 "Winter Winnings" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Fifty-Nine (17)

Virginia Lottery's Scratch Game 1851 "Big Money Maker" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Sixty (17)

Virginia Lottery's Scratch Game 1823 "$500 Winfall" Final Rules for Game Operation (effective September 29, 2017)

Director's Order Number One Hundred Sixty-One (17)

Virginia Lottery's Scratch Game 1819 "Double Your Cash" Final Rules for Game Operation (effective October 2, 2017)

Director's Order Number One Hundred Sixty-Two (17)

Certain Virginia Print 'n Play Games; End of Games:

Virginia Lottery's Print 'n Play $50,000 Blackjack (57 2017)

Virginia Lottery's Print 'n Play Diamond Club Crossword (60 2017)

Virginia Lottery's Print 'n Play Gold Rush Crossword (61 2017)

Virginia Lottery's Print 'n Play High Roller Bingo (62 2017)

Virginia Lottery's Print 'n Play Safari Bingo (64 2017)

Virginia Lottery's Print 'n Play Blackjack Classic (106 2017)

Virginia Lottery's Print 'n Play Bullseye Bingo (107 2017)

Virginia Lottery's Print 'n Play Horoscope Crossword (108 2017)

Virginia Lottery's Print 'n Play Money Bag Crossword (109 2017)

Virginia Lottery's Print 'n Play Rockin' Bingo (110 2017)

This Director's Order is effective nunc pro tunc to September 28, 2017, and shall remain in full force and effect unless amended or rescinded by further Director's Order

BOARD OF MEDICAL ASSISTANCE SERVICES

Draft Early Intervention Provider Manual for Stakeholder Input

Comment period: October 5, 2017, to November 4, 2017.

The draft versions of Chapters II, IV, and VI, and Appendix D of the Early Intervention Provider Manual are posted on the Department of Medical Assistance Services website for public comment through November 4, 2017. Please see the overview below for more details.

Overview of Changes: The Early Intervention Provider Manual (Chapter II, pages 3 & 9; Chapter IV, pages 5 & 17-19; Chapter VI, pages 6-8; and Appendix D, all) has been updated to include a child's age limits, the contact note checklist, and the requirements related to the early intervention services, which are covered under Commonwealth Coordinated Care Plus Managed Care Program accordingly.

The draft manual can be viewed at http://www.dmas.virginia.gov/Content_pgs/pd-pmnl.aspx. The finalized version will be officially posted by November 9, 2017, on the DMAS website at https://www.virginiamedicaid.dmas.virginia.gov/wps/myportal/providermanual.

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.

Draft 2017- 2019 Medicaid Quality Strategy

Comment period: October 30, 2017, through November 30, 2017.

In accordance with the requirements of the federal Medicaid authority, the Centers for Medicare and Medicaid Services, the Department of Medical Assistance Services gives notice that the agency is publishing for public comment a draft of the DMAS 2017-2019 Medicaid Quality Strategy. The Code of Federal Regulations, specifically, 42 CFR 438.340, requires states that contract with managed care organizations (MCOs) to have a written strategy for accessing and improving the quality of managed care services offered to all MCOs. It also requires those states to obtain the input of recipients and other stakeholders in the development of the strategy and to make the strategy available for public comment before adopting as final. The purpose of this notice is to fulfill that requirement. 

A copy of the 2017-2019 Medicaid Quality Strategy may be reviewed on the DMAS website at http://www.dmas.virginia.gov/default.aspx.

This notice is being made available for comment by interested parties through November 30, 2017. Following this public notice period, DMAS shall take into consideration the public comments received and submit the final draft of the DMAS 2017-2019 Medicaid Quality Strategy to the Centers for Medicare and Medicaid Services for approval. Anyone wishing to provide public comment on the DMAS 2017-2019 Medicaid Quality Strategy may submit comments to the contact listed below.

Contact Information: Valerie Collier, Quality Program Manager, Virginia Department of Medical Assistance Services, Division of Health Care Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 786-2273, FAX (804) 786-5799, or email valerie.collier@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Belvedere Land Holdings, LLC

An enforcement action has been proposed for Belvedere Land Holdings, LLC and New Belvedere, Inc., as successors in interest to Belvedere Station Land Trust, for violations in Albemarle County, Virginia. The State Water Control Board proposes to issue a special order by consent to Belvedere Land Holdings, LLC and New Belvedere, Inc., as successors in interest to Belvedere Station Land Trust, to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Carla Pool will accept comments by email at carla.pool@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from October 30, 2017, to November 29, 2017.

Proposed Consent Order for Enterprise RAC Company of Maryland, LLC

An enforcement action has been proposed for Enterprise RAC Company of Maryland, LLC in Fairfax County, Virginia. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with the vehicle wash facility located at Enterprise Rent-A-Car. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 31, 2017, through December 1, 2017.

Proposed Enforcement Action for C. Ray Beard, as Trustee for the Estate of W. P. Beard, and W. P. Beard III for the Red Hill Utility Company, LLC

An enforcement action has been proposed for C. Ray Beard, as Trustee for the Estate of W. P. Beard, and W. P. Beard III for the Red Hill Utility Company, LLC Wastewater Treatment Plant, located in Prince George, Virginia. The enforcement action requires certain repairs or upgrades to the treatment plant and the payment of a civil charge for violations of the conditions of Virginia Pollutant Discharge Elimination System Permit No. VA0028258, which governs wastewater discharges from the plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Heather Deihls will accept comments by email at heather.deihls@deq.virginia.gov, by FAX at (804) 527-5106, or by postal mail at the Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 30, 2017, through November 29, 2017.

Proposed Enforcement Action for City of Norfolk

An enforcement action has been proposed for the City of Norfolk for violations of the State Water Control Law in Suffolk, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jennifer Coleman, Esq. will accept comments by email at jennifer.coleman@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from October 30, 2017, to November 28, 2017.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.virginia.gov.

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

STATE CORPORATION COMMISSION

Title of Regulation: 14VAC5-318. Rules Governing Term and Universal Life Insurance Reserve Financing.

Publication: 34:3 VA.R. 442-448 October 2, 2017

Correction to Proposed Regulation:

Page 445, 14VAC5-318-40, column 2, subdivision 4 d, line 4, after "Virginia" insert "and without recognition of any departures from NAIC statutory accounting practices and procedures pertaining to the admission or valuation of assets or liabilities that increase the assuming insurer's reported surplus"

VA.R. Doc. No. R18-5199; Filed October 13, 2017

BOARD OF VETERINARY MEDICINE

Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine.

Publication: 34:4 VA.R. 474 October 16, 2017

Correction to Petition for Rulemaking:

Page 474, column 2, Nature of Petitioner's Request: after "administration of" change "Schedule VI" to "Schedule II-V"

VA.R. Doc. No. R18-07; Filed October 13, 2017

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-180. Voluntary Registration of Family Day Homes - Requirements for Providers.

Publication: 33:2 VA.R. 266-270 September 19, 2016

Correction to Title of Regulation:

Page 266, column 1, line 3, after "22VAC40-180-10" replace "through" with ", 22VAC40-180-30,"

Page 266, column 1, line 5 after "22VAC40-180-110" insert "; repealing 22VAC40-180-20"

VA.R. Doc. No. R17-4656