8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 31 Iss. 6 - November 17, 2014

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-40, Rules and Regulations Governing the Prevention, Control and Eradication of Bovine Tuberculosis in Virginia and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated September 8, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

As stated previously, this regulation is important for the beef and dairy cattle industries. Many beef and dairy farms, as well as the processing plants that process the cattle, are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk. If our "bovine tuberculosis free status" is compromised, other states and countries will not purchase Virginia cattle, thereby putting these small businesses out of business. Without this regulation, the risk of that happening becomes significantly higher and that risk may greatly decrease Virginia's beef and cattle farms and the small businesses that rely on them. There have been no complaints from the public, and the regulation is necessarily uncomplicated. This regulation complements USDA's Tuberculosis Uniform Methods and Rules and 9 CFR Part 77. Tuberculosis testing protocols are prescribed by USDA in these documents, but have at times been interpreted to only apply to cattle moving interstate. Virginia's regulation makes it clear what is required for testing and reporting in Virginia, even if tested cattle are not traveling interstate. USDA is currently in the process of releasing a proposed Tuberculosis Rule, and based on that rule, it is anticipated that this regulation may need to be revised in the future. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors.

Contact Information: Dr. Charles Broaddus, Program Manager, Office of Veterinary Services, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-90, Control and Eradication of Pullorum Disease and Fowl Typhoid in Poultry Flocks and Hatcheries and Products Thereof in Virginia and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated September 12, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Keeping this regulation as is will not have a significant negative impact on small businesses. There is a continued need for this regulation to stay in effect in order to protect poultry species and public health. If the regulation is not maintained, then the risk of pullorum disease and fowl typhoid could have a negative impact on small businesses and poultry producers who rely on poultry for the viability of their farms and businesses. This regulation is important for the poultry industry. There have been no complaints from the public and the regulation is necessarily uncomplicated. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors.

Contact Information: Dr. Charles Broaddus, Program Manager, Office of Veterinary Services, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-150, Rules and Regulations Governing the Transportation of Companion Animals and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated September 24, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation has minimal impact on small businesses. It establishes uniform and equitable requirements for the transportation of companion animals that do not place undue burdens on small versus large businesses. The agency has received no comments from small businesses that this regulation is burdensome. The regulation is not complex and complements federal regulations enacted pursuant to the federal Animal Welfare Act. This regulation is not outdated; no significant technological or economic developments have impacted the transportation of companion animals since the regulation was adopted.

Contact Information: Dr. Dan Kovich, Program Manager, Office of Animal Care and Health Policy, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-310, Rules and Regulations-Official Standards for Enforcement of the Virginia Apples: Grading, Packing, and Marking Law and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 6, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency is recommending that the regulation should remain in effect without change. The agency did not receive any comments regarding the regulation during the comment period. The regulation does not duplicate any state or federal laws. The agency last conducted a periodic review of this regulation in 2009. The agency continues to believe the current regulation is the least burdensome and least intrusive alternative on the apple industry and small businesses.

Contact Information: Dennis Clary, Program Manager, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-590, Rules and Regulations Pertaining to Tolerances and Prohibitions Applicable to Ground Beef and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 3, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is still needed because it is still necessary to ensure that ground beef products are produced according to and meet minimum acceptable standards relative to product formulation and saturated fat content. It also ensures that consumers are duly informed via product labeling and placard displays regarding the fat content of ground beef products and allows consumers to make optimal health choices regarding the level of saturated fat consumed when ground beef products are purchased.

Without this regulation, it will be difficult to find other means by which to ensure that ground beef products meet acceptable standards. Federal regulations also exist that mandate a maximum fat content of 30% in ground beef products. However, these federal regulations are primarily enforced and policed at meat processing facilities. The subject regulation (2VAC5-590) is typically applied to ground beef products formulated and/or sold at retail food stores, enforced at that level, and creates specific production standards applicable to retail environments. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors that would impact this regulation. This regulation was promulgated with due concerns for the industry and has minimal impact on small businesses. It is recommended that the regulation remain in place without modification. There have been no complaints received relative to this regulation.

Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX (804) 371-7792, or email [e-mail].

AIR POLLUTION CONTROL BOARD

State Implementation Plan Proposed Revision - Public Comment Opportunity

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulation of the board affected by this action is the Regulation for General Administration, 9VAC5-170 (Revision F14).

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.

Public comment period: November 17, 2014, through December 17, 2014.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the Administrative Process Act because they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent Act provisions. Since the amendments have been adopted and are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: Section 110(a)(2)(E)(ii) of the Clean Air Act requires that each applicable SIP provide requirements that the state comply with the requirements respecting state boards under § 128 of the Act. Subdivision (a)(1) of § 128 requires that each SIP contain requirements that any board or body that approves permits or enforcement orders under the Act shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under the Act. In Virginia, this is addressed in § 10.1-1302 of the Code of Virginia. Subdivision (a)(2) of § 128 of the Act requires that any potential conflicts of interest by members of such board or body, or by the head of an executive agency with similar powers, be adequately disclosed. Because there are no provisions in the Air Pollution Control Law or the board's regulations that directly address § 128(a)(2) of the Act, the Virginia SIP must be amended to incorporate the requirements of § 128(a)(2); the mechanism for accomplishing this is through the Regulation for General Administration, which covers general administrative actions.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the SIP with the exception of 9VAC5-170-210 B, which is set to become effective November 19, 2014.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All materials received are part of the public record.

To review regulation documents: The proposal and any supporting document are available on the DEQ Air Public Notices for Plans website: http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1) Main Street Office, 8th Floor, 629 East Main Street, Richmond, Virginia, telephone [phone],

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, Virginia, telephone [phone],

3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, Virginia, telephone [phone],

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, Virginia, telephone [phone],

5) Valley Regional Office, 4411 Early Road, Harrisonburg, Virginia, telephone [phone],

6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, Virginia, telephone [phone],

7) Northern Regional Office, 13901 Crown Court, Woodbridge, Virginia, telephone [phone], and

8) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, Virginia, telephone [phone].

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

STATE CORPORATION COMMISSION

Bureau of Insurance

October 6, 2014

Administrative Letter 2014-05

To: All Companies Licensed under Chapters 10, 11, 12, 40, 41, 42, 45 or 61 of Title 38.2 of the Code of Virginia

Re: Virginia Life, Accident and Sickness Insurance Guaranty Association

Notice of Protection Provided by the Virginia Life, Accident and Sickness Insurance Guaranty Association

The provisions of this administrative letter replace the provisions of Administrative Letter 2010-12.

The purpose of this Administrative Letter is to inform life, accident and sickness companies (insurers) subject to Chapter 17 of Title 38.2 of the Code of Virginia of the updated disclaimer required to be attached to policies in order to comply with the provisions of § 38.2-1715 of the Code of Virginia.

Chapter 510, which became effective July 1, 2010, amended and re-enacted § 38.2-1442 (Investments) and §§ 38.2-1700 through 38.2-1715 (Virginia Life, Accident and Sickness Insurance Guaranty Association) updating and expanding the scope of the Guaranty Association. Pursuant to amendments in § 38.2-1715, the Guaranty Association is required to prepare and submit to the Commission for approval, a summary document describing the general purposes and limitations of Chapter 17, which includes a disclaimer that discusses limitations, exclusions, and the types of policies that are covered by the Guaranty Association.

The summary document entitled Notice of Protection Provided by the Virginia Life, Accident and Sickness Insurance Guaranty Association (Notice), was approved effective November 1, 2010. This Notice has been revised to include the new address of the Virginia Life, Accident and Sickness Insurance Guaranty Association, and the new Bureau of Insurance web address. Beginning January 1, 2015, insurers are required to attach this revised Notice to policies or contracts delivered to policy or contract owners. The Bureau would also like to clarify that insurers are required to attach this Notice to policies or contracts delivered to Virginia policy or contract owners only. Insurers are required to retain evidence of compliance with this Notice requirement so long as the policy or contract remains in effect.

Questions regarding this letter may be directed to: Mary Ann Mason, Principal Insurance Market Examiner, Forms and Rates Section, Life and Health Division, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, Virginia 23218, telephone (804) 371-9348, or email [e-mail].

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

NOTICE OF

PROTECTION PROVIDED BY

VIRGINIA LIFE, ACCIDENT AND SICKNESS

INSURANCE GUARANTY ASSOCIATION

This notice provides a brief summary of the Virginia Life, Accident and Sickness Insurance Guaranty Association ("the Association") and the protection it provides for policyholders. This safety net was created under Virginia law, which determines who and what is covered and the amounts of coverage.

The Association was established to provide protection in the unlikely event that a life, annuity or health insurance company licensed in the Commonwealth of Virginia becomes financially unable to meet its obligations and is taken over by its Insurance Department. If this should happen, the Association will typically arrange to continue coverage and pay claims, in accordance with Virginia law, with funding from assessments paid by other life and health insurance companies licensed in the Commonwealth of Virginia.

The basic protections provided by the Association are:

• Life Insurance

o $300,000 in death benefits

o $100,000 in cash surrender or withdrawal values

• Health Insurance

o $500,000 in hospital, medical and surgical insurance benefits

o $300,000 in disability [income] insurance benefits

o $300,000 in long-term care insurance benefits

o $100,000 in other types of health insurance benefits

• Annuities

o $250,000 in withdrawal and cash values

The maximum amount of protection for each individual, regardless of the number of policies or contracts, is $350,000, except for hospital, medical and surgical insurance benefits, for which the limit is increased to $500,000.

Note: Certain policies and contracts may not be covered or fully covered. For example, coverage does not extend to any portion(s) of a policy or contract that the insurer does not guarantee, such as certain investment additions to the account value of a variable life insurance policy or a variable annuity contract. There are also various residency requirements and other limitations under Virginia law.

To learn more about the above protections, please visit the Association's website at www.valifega.org or contact: Virginia Life, Accident and Sickness, Insurance Guaranty Association, c/o APM Management Services, Inc., 1503 Santa Rosa Road, Suite 101, Henrico, VA 23229-5105, telephone [phone].

State Corporation Commission, Bureau of Insurance, P. O. Box 1157, Richmond, VA 23218-1157, telephone [phone], Toll Free Virginia only: 1-800-552-7945, http://scc.virginia.gov/boi/index.aspx.

Insurance companies and agents are not allowed by Virginia law to use the existence of the Association or its coverage to encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and Virginia law, then Virginia law will control.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Public Notice to Review and Provide Comment on the Priority Areas for TMDL and Watershed Plan Development

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is seeking input and comments on the 2015 priority areas for total maximum daily load (TMDL) and watershed plan development. These areas have been listed as impaired in Virginia's Water Quality Assessment § 305(b)/303(d) Integrated Report. Developing plans to address and restore impaired waters is required by § 62.1-44.2 of the Code of Virginia.

Public comment period: November 17, 2014, through December 17, 2014.

Description of proposed action: In 2015, DEQ staff plan to continue or initiate TMDLs or watershed plans in the following areas:

Project Area	City/County	Listed Impairment
New River PCB	Giles, Montgomery, Pulaski, Radford City, Wythe	PCB
Wolf Creek and tributaries	Bland, Tazewell, Giles	Bacteria
Long Meadow Run and Turley Creek	Rockingham, Shenandoah	Benthic1
Meadow Creek and Schenks Branch	Charlottesville, Albemarle	Benthic
Accotink Creek Benthic	Fairfax	Benthic
South Fork Holston River and tributaries	Smyth	Bacteria
Mattaponi Watershed Bacteria	Spotsylvania, King William, and Caroline	Bacteria
Stony Run (stressor analysis)	Henrico	Benthic
Lower Chickahominy River and tributaries	Charles City, New Kent	Bacteria, Dissolved Oxygen (DO)
Little Mosquito Creek and Assawoman Creek	Accomack	DO
Nassawaddox Creek and tributaries	Northampton	Bacteria
Walker Creek and tributaries	Bland, Giles	Bacteria
North Fork Catoctin Creek Benthic TMDL	Loudoun	Benthic
Kits Creek (stressor analysis)	Lunenburg	Benthic
Bluestone Creek	Mecklenburg	Bacteria
Nottoway River and Crooked Creek	Nottoway, Dinwiddie	Bacteria
Kerr Reservoir tributaries	Mecklenburg	Bacteria
Jeffries Branch	Loudoun, Fauquier	Benthic
Woods Creek	Lexington, Rockbridge	Bacteria, Benthic
McClure River	Dickenson	Benthic

_________________________________________________

¹ Evidence of a degraded biological (benthic) community is a strong indicator that a water does not support the aquatic life designated use. More information on Virginia's biological monitoring program is available at the following website: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/BiologicalMonitoring.aspx.

TMDL reports and watershed plans are developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq.) of the Virginia Administrative Process Act. The reports are subject to the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public input on the TMDL development process. Once completed, draft reports are available for public review and comment on DEQ's website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

How to comment: The DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, DEQ will make the final decision on 2015 priority areas. Comments will also be used for prioritizing waters in future work plans.

Contact for public comments, document requests, and additional information: Sandra Mueller, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [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 28, 2014. 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 One Hundred Eight (14)

"Have You Played?" Retailer Incentive Promotion Virginia Lottery Retailer Incentive Program Requirements (This Director's Order is effective on December 1, 2014, and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number One Hundred Eleven (14)

"Lottery Express Out of Stock" Retailer Incentive Promotion Virginia Lottery Retailer Incentive Program Requirement (This Director's Order is effective on November 1, 2014, and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number One Hundred Seventeen (14)

Virginia Lottery's Winter Bonus Final Rules for Operation (effective November 4, 2014)

Director's Order Number One Hundred Eighteen (14)

"You Activate/We Pay" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order is effective on November 4, 2014, and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number One Hundred Twenty-One (14)

Virginia Lottery's "Cash & Gas" Promotion Final Rules for Operation (This Director's Order becomes effective on Tuesday, October 14, 2014, rescinds and replaces Director's Order One Hundred Six (14), and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Twenty-Two (14)

Certain Virginia Computer-Generated Game; End of Game - Win For Life - Virginia 28 (14) (This Director's Order is effective nunc pro tunc to end of system day, September 14, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Twenty-Five (14)

Virginia's Instant Game Lottery 1506 "Hot Shot" Final Rules for Game Operation (effective October 7, 2014)

Director's Order Number One Hundred Twenty-Six (14)

Virginia's Instant Game Lottery 1526 "Cash & Gas" Final Rules for Game Operation (effective September 24, 2014)

Director's Order Number One Hundred Twenty-Seven (14)

Virginia's Instant Game Lottery 1501 "Gold" Final Rules for Game Operation (effective September 23, 2014)

Director's Order Number One Hundred Twenty-Eight (14)

Virginia's Instant Game Lottery 1443 "Money Bag Crossword" Final Rules for Game Operation (effective September 24, 2014)

Director's Order Number One Hundred Twenty-Nine (14)

Virginia's Instant Game Lottery 1518 "Wrap It Up!" Final Rules for Game Operation (effective October 7, 2014)

Director's Order Number One Hundred Thirty-One (14)

Virginia's Computer-Generated Game Lottery "New Year's Millionaire Raffle" Final Rules for Game Operation (effective November 4, 2014)

Director's Order Number One Hundred Thirty-Two (14)

Virginia Lottery's "Mega Power $10K Bonus" Final Rules for Operation (effective October 5, 2014)

Director's Order Number One Hundred Thirty-Three (14)

Virginia's Instant Game Lottery 1507 "High Roller" Final Rules for Game Operation (effective October 7, 2014)

Director's Order Number One Hundred Thirty-Four (14)

Virginia's Instant Game Lottery 1512 "Holiday Double Match" Final Rules for Game Operation (effective October 7, 2014)

Director's Order Number One Hundred Thirty-Five (14)

Virginia's Instant Game Lottery 1505 "Holiday Magic" Final Rules for Game Operation (effective October 7, 2014)

Director's Order Number One Hundred Thirty-Six (14)

Virginia's Instant Game Lottery 1504 "Peppermint Payout" Final Rules for Game Operation (effective October 7, 2014)

Director's Order Number One Hundred Thirty-Seven (14)

Virginia's Instant Game Lottery 1520 "Casino Nights" Final Rules for Game Operation (effective October 7, 2014)

Director's Order Number One Hundred Thirty-Eight (14)

Certain Virginia FastPlay Game; End of Game - Virginia Lottery's FastPlay Hot N Spicy Bingo 49 (14) (This Director's Order is effective nunc pro tunc to September 8, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Thirty-Nine (14)

Certain Virginia FastPlay Game; End of Game - Virginia Lottery's FastPlay $15,000 Money Mania 47 (14) (This Director's Order is effective nunc pro tunc to September 8, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Forty (14)

Certain Virginia FastPlay Game; End of Game - Virginia Lottery's FastPlay Vacation Cash 81 (14) (This Director's Order is effective nunc pro tunc to September 8, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Forty-One (14)

Certain Virginia FastPlay Game; End of Game - Virginia Lottery's FastPlay Blackjack Bonanza 117 (13) (This Director's Order is effective nunc pro tunc to September 8, 2014, 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 (14)

"7-Eleven Holiday Contest" "Retailer Incentive Promotion Virginia Lottery Retailer Incentive Program Requirements (This Director's Order is effective on November 6, 2014, and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number One Hundred Forty-Four (14)

Virginia's Computer-Generated Game "Decades of Dollars" Final Rules for Game Operation (This Director's Order becomes effective with tickets purchased for the October 20, 2014, drawing or later and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Decades of Dollars" game rules)

Director's Order Number One Hundred Forty-Six (14)

Virginia Lottery's "The Big $20 Haul" Promotion Final Rules for Operation (This Director's Order becomes effective on Tuesday, October 14, 2014, rescinds Director's Order 124 (14), and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Forty-Seven (14)

Virginia Lottery's "Collegiate Let's Play VA" Final Rules for Operation (effective October 11, 2014)

Director's Order Number One Hundred Forty-Eight (14)

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 17, 2014:

Game 1262	Million Dollar Cash Spectacular
Game 1253	Million Dollar Cash Bonanza
Game 1188	$70 Million Payout Spectacular
Game 1470	The Venetian 1470
Game 1451	$100,000 Crossword
Game 1441	Poker
Game 1333	Hit The Jackpot
Game 1427	Red Hot Crossword
Game 1319	Diamond Bingo
Game 1456	I Heart Bacon
Game 1423	Double Match
Game 1477	Black Cherry Doubler
Game 1457	7-11-21
Game 1453	21 Blackjack

The last day for lottery retailers to return for credit unsold tickets from any of these games will be Friday, December 5, 2014. The last day to redeem winning tickets for any of these games will be Wednesday, April 14, 2015, 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 14, 2015, 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 15, 2014

BOARD OF PHARMACY

Notice of Public Hearing for Scheduling Certain Substances

Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The public hearing will be conducted at 9 a.m. on December 9, 2014, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Board Room 2, Richmond, VA 23233. Public comment may also be submitted prior to December 9, 2014, to Caroline Juran, Executive Director of the Board of Pharmacy via email at [e-mail].

As specified in § 54.1-3443 of the Code of Virginia, the Virginia Department of Forensic Science (DFS) has identified three compounds for recommended inclusion by the Board of Pharmacy into Schedule I in the Code of Virginia. The board believes the Drug Enforcement Administration (DEA) is currently working to place these compounds into Schedule I federally. Other drugs of this type have been placed in Schedule I in previous legislative sessions. A brief description and chemical name for each compound is as follows:

1. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (other name: AB-CHMINACA) AB-CHMINACA is classified as a cannabimimetic agent and has been identified in all four DFS laboratories.

2. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-carboxamide (other name: 5-fluoro-AMB) 5-fluoro-AMB is classified as a cannabimimetic agent and has been identified in two of the four DFS laboratories.

3. 3,4-methylenedioxy-N,N-dimethylcathinone (other names: Dimethylone, bk-MDDMA) Dimethylone is classified as a substituted cathinone, and has been identified in two of the four DFS laboratories.

If approved by the Board of Pharmacy, the placement of these substances in Schedule I in the Virginia Drug Control Act shall remain in effect for a period of 18 months from the date of board action and shall then be de-scheduled unless the Drug Control Act is amended by enactment of legislation by the General Assembly.

Contact Information: Caroline Juran, RPh, Executive Director, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF SOCIAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Social Services conducted a small business impact review of 22VAC40-400, Funding Limitations for the Refugee Resettlement Program, and determined that this regulation should be retained in its current form. The Department of Social Services is publishing its report of findings dated October 15, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation has no impact on existing or potential Virginia employers' ability to maintain and increase the number of jobs in the Commonwealth. There is no cost of compliance to the general public.

(1) The regulation was reviewed by the Attorney General's Office in 2013 and determined to be needed.

(2) No public complaints were received.

(3) The regulation is concise and understandable.

(4) The regulation does not overlap or duplicate any other federal or state rule.

(5) A periodic review of this regulation was conducted in 2010. A review by the Department of Social Services and Attorney General's Office conducted in 2013 found the regulation to be needed. No technology or economic conditions were found to have changed the need for this regulation.

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

STATE WATER CONTROL BOARD

Proposed Enforcement Action: Cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Counties of Gloucester, Isle of Wight, and York; the James City Service Authority; and the Town of Smithfield

Enforcement actions have been proposed for the Cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Counties of Gloucester, Isle of Wight, and York; the James City Service Authority; and the Town of Smithfield, all located in Virginia. Descriptions of the proposed actions are available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Maria Nold will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from November 17, 2014, through December 18, 2014.

Proposed Consent Order for CSX Transportation, Inc.

An enforcement action has been proposed for CSX Transportation, Inc. for alleged violations of the State Water Control Law in Franklin, 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. Mr. Robin Schuhmann will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from November 17, 2014, through December 18, 2014.

Proposed Consent Order for Massanutten Public Service Corporation

An enforcement action has been proposed for Massanutten Public Service Corporation for violations at the Massanutten Public Service Corporation facility in McGaheysville, Virginia. The State Water Control Board proposes to issue a consent order to Massanutten Public Service Corporation 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 [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from November 17, 2014, through December 17, 2014.

Proposed Enforcement Action for Roanoke Valley Resource Authority

An enforcement action has been proposed for the Roanoke Valley Resource Authority for violations of State Water Control Law and the applicable permit and regulations at the Smith Gap Regional Landfill. 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 17, 2014, through December 16, 2014.

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]; FAX (804) 692-0625; 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.