Vol. 29 Iss. 2 - September 24, 2012



Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Criminal Justice Services is conducting a periodic review of 6VAC20-40, Rules Relating to Compulsory Minimum Training Standards for Undercover Investigative Officers.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of this review is to determine whether this regulation should be terminated, 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 24, 2012, and ends October 15, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at Comments may also be sent to Stephanie L. Morton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-8003, FAX (804) 786-0410, email

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 the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.


Approved Breath Alcohol Testing Devices

This list of approved breath alcohol testing devices replaces the list published in the Virginia Register (26:7) December 7, 2009.

Statutory Authority: §§ 9.1-1101, 18.2-267, and 18.2-268.9 of the Code of Virginia.

In accordance with 6VAC40-20-90 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, the following breath test device is approved for use in conducting breath tests:

The Intox EC/IR II with the Virginia test protocol, manufactured by Intoximeters, Inc., St. Louis, Missouri, utilizing an external printer.

In accordance with 6VAC40-20-100 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, for evidential breath test devices, mouthpieces that are compatible with the specific testing device are approved as supplies for use in conducting breath tests on approved breath test devices.

In accordance with 6VAC40-20-180 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, the following devices are approved for use as preliminary breath test devices:

1. The ALCO-SENSOR, ALCO-SENSOR II, ALCOSENSOR III, ALCO-SENSOR IV, and ALCOSENSOR FST manufactured by Intoximeters, Inc., St Louis, Missouri.

2. The CMI SD 2 and INTOXILYZER 400PA, manufactured by Lion Laboratories, Barry, United Kingdom.

3. The CMI SD 5 manufactured by CMI, Inc., Owensboro, Kentucky.

4. The LIFELOC PBA 3000*, LIFELOC FC10, LIFELOC FC10Plus and LIFELOC FC20, manufactured by Lifeloc Inc., Wheat Ridge, Colorado. *When used in the direct sensing mode only.

5. The ALCOTEST 6510 and ALCOTEST 6810 manufactured by Draeger Safety Diagnostics, Inc., Durango, Colorado.

6. The ALCOVISOR JUPITER, ALCOVISOR MERCURY and MARK V, manufactured by PAS Systems International, Inc., Fredericksburg, Virginia.

Contact: Stephanie Merritt, Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219, telephone (804) 786-4107.


Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on August 28, 2012. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Eighty-Six (12)

Virginia's Instant Game Lottery 1366; "Hasbro Arcade" Final Rules for Game Operation (effective August 24, 2012)

Director's Order Number Eighty-Seven (12)

Virginia's Instant Game Lottery 1373; "$1,000,000 Mega Fortune" Final Rules for Game Operation (effective August 24, 2012)

Director's Order Number Eighty-Eight (12)

Virginia's Instant Game Lottery 1358; "Ice Chest" Final Rules for Game Operation (effective August 24, 2012)

Director's Order Number Eighty-Nine (12)

Virginia's Instant Game Lottery 1313; "Double Hot Dice" Final Rules for Game Operation (effective August 24, 2012)

Director's Order Number Ninety-One (12)

Virginia's Instant Game Lottery 1359; "Lucky Roulette!" Final Rules for Game Operation (effective August 24, 2012)

Director's Order Number Ninety-Two (12)

Virginia's Instant Game Lottery 1380; "$2,000 Spin" Final Rules for Game Operation (effective August 24, 2012)

Director's Order Number Ninety-Three (12)

Virginia's Instant Game Lottery 1381; "Hit $500!" Final Rules for Game Operation (effective August 24, 2012)

Director's Order Number Ninety-Four (12)

Virginia Lottery's "Redskins VIP Bus Trip Sweepstakes" Final Rules for Game Operation (effective August 28, 2012)


Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email:

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

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

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.



Title of Regulation: 12VAC5-31. Virginia Emergency Medical Services Regulations (amending 12VAC5-31-10, 12VAC5-31-20, 12VAC5-31-50, 12VAC5-31-60, 12VAC5-31-80, 12VAC5-31-90, 12VAC5-31-100, 12VAC5-31-120, 12VAC5-31-160, 12VAC5-31-170, 12VAC5-31-180, 12VAC5-31-200 through 12VAC5-31-240, 12VAC5-31-290, 12VAC5-31-330, 12VAC5-31-370 through 12VAC5-31-400, 12VAC5-31-420, 12VAC5-31-430, 12VAC5-31-460, 12VAC5-31-480, 12VAC5-31-500 through 12VAC5-31-540, 12VAC5-31-560, 12VAC5-31-570, 12VAC5-31-590, 12VAC5-31-650, 12VAC5-31-700, 12VAC5-31-710, 12VAC5-31-750, 12VAC5-31-760, 12VAC5-31-770, 12VAC5-31-790, 12VAC5-31-800 through 12VAC5-31-830, 12VAC5-31-860 through 12VAC5-31-910, 12VAC5-31-950, 12VAC5-31-960, 12VAC5-31-1010, 12VAC5-31-1030, 12VAC5-31-1040, 12VAC5-31-1140, 12VAC5-31-1210, 12VAC5-31-1250, 12VAC5-31-1260, 12VAC5-31-1270, 12VAC5-31-1810 through 12VAC5-31-1860, 12VAC5-31-1880, 12VAC5-31-1890, 12VAC5-31-1950, 12VAC5-31-2330, 12VAC5-31-2570, 12VAC5-31-2740; adding 12VAC5-31-610, 12VAC5-31-875, 12VAC5-31-885, 12VAC5-31-940, 12VAC5-31-970, 12VAC5-31-1050, 12VAC5-31-1165, 12VAC5-31-1305 through 12VAC5-31-1615; repealing 12VAC5-31-840, 12VAC5-31-1060, 12VAC5-31-1280, 12VAC5-31-1290, 12VAC5-31-1300, 12VAC5-31-1310 through 12VAC5-31-1710).

Publication: 29:1 VA.R. 32-103 September 10, 2012.

Correction to Final Regulation:

Page 73, 12VAC5-31-1305, first sentence, change "September" to "October"

Page 74, 12VAC5-31-1325, first sentence, change "September 10, 2015" to "April 10, 2016"

Page 74, 12VAC5-31-1337 B, line 1, after "valid" delete "EMT" and insert "[ EMT AEMT ]" and line 3, after "his" delete "EMT Advanced" and insert "[ EMT Advanced Advanced EMT ] "

Page 76, 12VAC5-31-1355, first sentence, change "September 10, 2014" to "October 10, 2016"

Page 89, 12VAC5-31-1535 B 1, line 2, delete "24" and insert "[ 24 60 ]"

Page 89, 12VAC5-31-1543, first sentence, change "September 20, 1014" to "October 10, 2014"

Page 90, 12VAC5-31-1544, first sentence, change "September" to "October"

VA.R. Doc. No. R08-877; Filed September 6, 2012, 3:04 p.m.


Title of Regulation: 19VAC30-70. Motor Vehicle Safety Inspection Rules and Regulations (amending 19VAC30-70-1, 19VAC30-70-3 through 19VAC30-70-10, 19VAC30-70-30, 19VAC30-70-40 through 19VAC30-70-230, 19VAC30-70-260, 19VAC30-70-290, 19VAC30-70-310, 19VAC30-70-330, 19VAC30-70-340, 19VAC30-70-350, 19VAC30-70-360, 19VAC30-70-390, 19VAC30-70-430, 19VAC30-70-450, 19VAC30-70-460, 19VAC30-70-490, 19VAC30-70-500, 19VAC30-70-510, 19VAC30-70-530, 19VAC30-70-550, 19VAC30-70-570, 19VAC30-70-580, 19VAC30-70-660; adding 19VAC30-70-9.1, 19VAC30-70-11, 19VAC30-70-25, 19VAC30-70-31, 19VAC30-70-32, 19VAC30-70-690).

Publication: 28:24 VA.R. 1861-1933 July 30, 2012.

Correction to Final Regulation:

Page 1886, 19VAC30-70-110 B 9, delete "or CV boots are" and unstrike "is", "CV boots," and the comma after "joints"

VA.R. Doc. No. R12-2928; Filed September 7, 2012, 1:16 p.m.