8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 6 - November 16, 2015

BOARD FOR BRANCH PILOTS

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 Board for Branch Pilots is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each 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.

18VAC45-11, Public Participation Guidelines

18VAC45-20, Board for Branch Pilots Regulations

The comment period begins November 16, 2015, and ends December 7, 2015.

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.

Contact Information: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX (866) 465-6206, or email [e-mail].

CEMETERY BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Cemetery Board conducted a small business impact review of 18VAC47-11, Public Participation Guidelines and determined that this regulation should be retained in its current form. The Cemetery Board is publishing its report of findings dated October 21, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Code of Virginia § 2.2-4007.02 mandates the agency to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing Public Participation Guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate the occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. The most recent periodic review of the regulation occurred in 2012. On October 21, 2015, the board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Contact Information: Christine Martine, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX (866) 826-8863, or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Cemetery Board conducted a small business impact review of 18VAC47-20, Cemetery Board Rules and Regulations and determined that this regulation should be retained in its current form. The Cemetery Board is publishing its report of findings dated October 21, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Cemetery Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Cemetery Board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a cemetery company license and sales personnel registration. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2012. The board discussed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Contact Information: Christine Martine, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX (866) 826-8863, or email [e-mail].

BOARD OF CORRECTIONS

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 Board of Corrections is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each 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.

6VAC15-20, Regulations Governing Certification and Inspection

6VAC15-28, Regulations for Public/Private Joint Venture Work Programs Operated in a State Correctional Facility

6VAC15-45, Regulations for Private Management and Operation of Prison Facilities

The comment period begins November 30, 2015, and ends December 30, 2015.

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.

Contact Information: Jim Bruce, Agency Regulatory Coordinator, Department of Corrections, P.O. Box 26963, Richmond, VA 23261-6963, telephone [phone], or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

Opportunity for Public Comment - Draft Coastal Enhancement Strategies

The Virginia Coastal Zone Management (CZM) Program has prepared Draft Virginia Coastal Zone Management Program Coastal Enhancement Strategies. The strategies were developed using National Oceanic and Atmospheric Administration's  Section 309 Guidance issued in January 2013.

The Virginia CZM Program began its 2016-2020 Coastal Zone Enhancement Process in fall of 2014 by distributing to its partners a Virginia Coastal Needs Assessment and Prioritization Survey. The results of this survey were shared at the December 2014 Virginia Coastal Partners Workshop, which included attendees from regional, local, and state agencies; academic institutions; nongovernmental organizations; marine-related businesses; and individuals who help manage and protect Virginia's coastal resources. During the course of the workshop, attendees heard presentations on critical or evolving coastal resource management issues and helped prioritize which areas should be considered the highest priorities for the Virginia CZM Program and the focus of Coastal Enhancement (Section 309) strategies for the coming 2016-2020 cycle.

Virginia CZM Program staff then presented recommendations to the Virginia Coastal Policy Team (CPT) in February 2015. The CPT approved staff recommendations to develop strategies in the following three "High Priority" areas:

• Ocean management

• Coastal hazards

• Cumulative and seconday impacts of coastal development

The department is now seeking comment on the draft strategies. The draft strategies can be reviewed in the Section 309 Coastal Needs Assessment & Strategy document on the department's website at http://www.deq.virginia.gov/Portals/0/DEQ/CoastalZoneManagement/FundsInitiativesProjects/section309VACZM2016-2020needsassessandstrategies.pdf.

Contact Information: Laura McKay, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], or email [e-mail].

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on October 27, 2015. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number One Hundred Forty-Seven (15)

Virginia's Computer-Generated Lottery Game "Pick 4" Final Rules for Game Operation (This Director's Order becomes effective on October 10, 2015, fully replaces any and all prior Virginia Lottery "Pick 4" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Forty-Nine (15)

Virginia's Computer-Generated Lottery Game "Cash 5" Final Rules for Game Operation (This Director's Order becomes effective on October 10, 2015, fully replaces any and all prior Virginia Lottery "Cash 5" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Fifty (15)

Virginia's Computer-Generated Lottery Game "Pick 3" Final Rules for Game Operation (This Director's Order becomes effective on October 10, 2015, fully replaces any and all prior Virginia Lottery "Pick 3" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Fifty-Three (15)

Virginia's Computer-Generated Lottery Game "Bank A Million" Final Rules for Game Operation (This Director's Order becomes effective on October 10, 2015, fully replaces any and all prior Virginia Lottery "Bank A Million" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Fifty-Five (15)

Virginia's Lottery's All That Glitters Promotion Final Rules for Operation (effective December 1, 2015)

Director's Order Number One Hundred Fifty-Six (15)

Virginia's Computer-Generated Game Lottery "New Year" Millionaire Raffle" Final Rules for Game Operation (effective November 3, 2015)

Director's Order Number One Hundred Fifty-Seven (15)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on Friday, October 16, 2015:

Game 1567	Summer Jam
Game 1565	$4,000 Payday
Game 1562	High Cards
Game 1560	Ca$h Payout
Game 1553	Triple Cash Crossword
Game 1548	Hit $155,000
Game 1547	Hit $55,000
Game 1546	Hit $25,000
Game 1543	$100,000 Home Changer
Game 1539	Spicy Hot Cash
Game 1527	Throwback To The 70's
Game 1525	5X The Money
Game 1524	Joker's Jackpot
Game 1522	2 For The Money
Game 1507	High Roller
Game 1506	Hot Shot
Game 1493	7-Eleven
Game 1488	7X The Money
Game 1475	On A Roll
Game 1369	Money, Money, Money
Game 1290	Casino Royal
Game 1202	$1,000,000 Cash Blast

The last day for lottery retailers to return for credit unsold tickets from any of these games will be Friday, December 4, 2015. The last day to redeem winning tickets for any of these games will be Wednesday, April 13, 2016, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of Wednesday, April 13, 2016, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia, and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order becomes effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto
Executive Director
October 10, 2015

Director's Order Number One Hundred Fifty-Eight (15)

Virginia's Computer-Generated Game Lottery "Lucky Bucks" Final Rules for Game Operation (effective November 2, 2015)

Director's Order Number One Hundred Fifty-Nine (15)

Certain Virginia FastPlay Game; End of Game - Virginia Lottery's FastPlay Hallo-win (126 15) (effective November 1, 2015)

STATE BOARD OF SOCIAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a small business impact review of 22VAC40-191, Background Checks for Child Welfare Agencies and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated June 21, 2012, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is necessary to comply with § 63.2-1723 of the Code of Virginia that mandates the adoption of regulations to implement the provisions of the section. This section pertains to waivers of disqualification of individuals seeking to operate, volunteer, or work at a child welfare agency or of adults residing in a family day home. The regulation also is necessary to provide guidance and clarification on implementation of the background check requirements of §§ 63.2-901.1, 63.2-1704, 63.2-1720, 63.2- 1721, 63.2-1722, and 63.2-1723 of the Code of Virginia. No complaints or comments on the regulation have been received. The regulation was last reviewed in October 2008. There is no economic impact on small businesses caused by this regulation, so no amendments are necessary.

Contact Information: Karen Cullen, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

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 Social Services is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each 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.

22VAC40-293, Locality Groupings

Contact Information: Mark Golden, Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

22VAC40-685, Virginia Energy Assistance Program - Home Energy Assistance Program

Contact Information: Denise Surber, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

22VAC40-910, General Provisions for Maintaining and Disclosing Confidential Information of Public Assistance, Child Support Enforcement, and Social Services Records

Contact Information: Karin Clark, Regulatory Coordinator, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

The comment period begins November 16, 2015, and ends December 7, 2015.

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.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Greif Packaging LLC

An enforcement action has been proposed for Greif Packaging LLC, regarding a wastewater treatment plant operated by Greif in Riverville, Virginia for violations of State Water Control Law and regulations. The proposed enforcement action includes a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, from November 16, 2015, through December 16, 2015.

Total Maximum Daily Loads for Walker Creek, Town Creek, East Wilderness Creek, Nobusiness Creek, Kimberling Creek, and Little Walker Creek

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for Walker Creek, Town Creek, East Wilderness Creek, Nobusiness Creek, Kimberling Creek, and Little Walker Creek in Bland and Giles Counties. These streams are listed on the 2012 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for bacteria. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) Priority List and Report.

The impaired segments include: 33.53 miles of Walker Creek from the Route 52 crossing to the confluence with Kimberling Creek; 4.40 miles of Town Creek from the headwaters downstream to the confluence with Crab Orchard Creek; 3.35 miles of East Wilderness Creek from the confluence with Wolf Pen Branch upstream 3.2 miles; 4.88 miles of Kimberling Creek from the Hiram Thompson Branch confluence upstream to Hazel Branch; 6.72 miles of Nobusiness Creek from the confluence with Kimberling Creek upstream 6.4 miles.

The final public meeting on the development of the TMDL to address the bacteria impairments for these segments will be held on November 19, 2015, from 6 p.m. to 7:30 p.m. at the Bland County Public Library located at 697 Main Street, Bland, VA 24315.

The public comment period will begin November 19, 2015, and end December 21, 2015.

A component of a TMDL is the wasteload allocations (WLAs); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDLs associated WLAs. Information on the development of the TMDLs for these impairments is available upon request.

Questions or information requests should be addressed to Martha Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone [phone], or email [e-mail].

Please note, all written comments should include name, address, and telephone number of the person submitting the comments and should be sent to the DEQ contact listed.

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 [phone]; Email: [e-mail].

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

STATE BOARD OF HEALTH AND MEDICAL ASSISTANCE SERVICES

Title of General Notice: Notice of Request for Certificate of Public Need Applications for Development of Additional Nursing Home Beds Planning Target Year 2017.

Publication: 32:5 VA.R. 236-238 September 7, 2015.

Correction to General Notice:

Page 238, column 1, Schedule of Review, after "specified review cycle" replace lines 8, 9, and 10 with the following:

"Letter of intent must be received by December 31, 2015.

Application must be received by February 1, 2016.

Review cycle will begin on March 10, 2016."

VA.R. Doc. No. C16-02; Filed October 26, 2015, 1:47 p.m.

BOARD OF DENTISTRY

Title of Regulation: 18VAC60-21. Regulations Governing the Practice of Dentistry.

Publication: 32:5 VA.R. 706-742 November 2, 2015.

Correction to Final Regulation:

Page 710, 18VAC60-21-50 A, line 4, delete "§ 54.1-2710" and insert "§ 54.1-2700"

VA.R. Doc. No. R10-2362; Filed November 3, 2015, 6:41 p.m.

REAL ESTATE APPRAISER BOARD

Title of Regulation: Real Estate Appraiser Board Rules and Regulations.

Publication: 32:4 VA.R. 573-576 October 19, 2015.

Correction to Table of Contents:

Under "Regulations," after "18VAC130-20. Real Estate Appraiser Board Rules and Regulations," change "(Proposed)" to "(Final)"

VA.R. Doc. No. R16-4512; Filed November 6, 2015, 12:55 p.m.