8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 29 Iss. 5 - November 05, 2012

GENERAL NOTICES/ERRATA

BOARD OF AGRICULTURE AND CONSUMER SERVICES

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 Agriculture and Consumer Services is conducting a periodic review of:

2VAC5-60, Rules and Regulations Governing the Operation of Livestock Markets

2VAC5-120, Rules and Regulations Governing the Recordkeeping by Virginia Cattle Dealers for the Control or Eradication of Brucellosis of Cattle

2VAC5-195, Prevention and Control of Avian Influenza in the Live-Bird Marketing System

The review of each 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 each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012, and ends on November 26, 2012.

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 Charles Broaddus, DVM, Program Manager, P.O. Box 1163, Richmond, VA, 23218, telephone [phone], FAX [phone], or email [e-mail].

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.

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 Agriculture and Consumer Services is conducting a periodic review of:

2VAC5-325, Regulations Governing Pine Shoot Beetle

2VAC5-390, Rules and Regulations for the Enforcement of the Virginia Seed Law

2VAC5-410, Rules and Regulations for the Enforcement of the Virginia Agricultural Liming Materials Law

2VAC5-450, Rules and Regulations Relating to the Virginia Plants and Plant Products Inspection Law

2VAC5-610, Rules Governing the Solicitation of Contributions

2VAC5-675, Regulations Governing the Pesticide Fees Charged By the Department of Agriculture and Consumer Services

The review of each 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 each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012, and ends on November 26, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. 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 Erin Williams, Policy and Planning Coordinator, P.O. Box 1163, Richmond, VA, 23218, telephone [phone], FAX [phone], or email [e-mail].

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.

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 Agriculture and Consumer Services is conducting a periodic review of:

Title	Agency Contact
2VAC5-20, Standards for Classification of Real Estate as Devoted to Agricultural Use and to Horticultural Use Under the Virginia Land Use Assessment Law	Roy E. Seward, Director, Office of Policy, Planning, and Research, P.O. Box 1163, Richmond, VA, 23218, telephone [phone], FAX [phone], or email [e-mail]
2VAC5-130, Rules and Regulations Governing Laboratory Fees for Services Rendered or Performed	Joseph P. Garvin, Program Manager, P.O. Box 1163, Richmond, VA, 23218, telephone [phone], FAX [phone], or email [e-mail]. gov
2VAC5-220, Virginia Horse Breeder Incentive Program	Andrea Heid, Equine Marketing Specialist, P.O. Box 1163, Richmond, VA, 23218, telephone [phone], FAX [phone], or email [e-mail]. gov
2VAC5-300, Rules and Regulations for the Enforcement of the Virginia Seed Potato Inspection Law	Thomas H. Smith, Agriculture and Consumer Services Supervisor, P.O. Box 1163, Richmond, VA, 23218, telephone [phone], FAX [phone], or email [e-mail]. gov
2VAC5-520, Rules and Regulations Governing Testing of Milk for Milkfat, Protein, and Lactose Content By Automated Instrument Methods	John A. Beers, Program Supervisor, P.O. Box 1163, Richmond, VA, 23218, telephone [phone], FAX [phone], or email [e-mail]

The review of each 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 each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012, and ends on November 26, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.

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.

STATE AIR POLLUTION CONTROL BOARD

Proposed Section 111(d)/129 Plan

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed Commonwealth of Virginia § 111(d)/129 plan. Section 111(d)/129 plans are developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to meet the ambient air quality standards for designated pollutants promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the plan to EPA in accordance with the requirements of the federal Clean Air Act.

Regulations affected: The regulations of the board affected by this action are as follows: Documents incorporated by reference (9VAC5-20-21 of 9VAC5-20 (General Provisions)); and Emission Standards for Sewage Sludge Incineration Units, Article 55 (9VAC5-40-8200 et seq.) of 9VAC5-40 (Existing Stationary Sources).

Purpose of notice: DEQ is seeking comment on the overall plan and on the issue of whether any regulations included in the plan should be submitted to EPA as part of the plan.

Public comment period: November 5, 2012, to December 6, 2012.

Public hearing: A public hearing will be held in Seventh Floor Conference Room, Department of Environmental Quality, 629 East Main Street, Richmond, VA, at 9 a.m. on December 5, 2012, to accept comments concerning the proposed plan. Using the procedures explained below, DEQ will also accept written comments through December 6, 2012.

Public comment stage: The public comment period and hearing are being conducted to satisfy the public participation requirements of federal regulations of 40 CFR 60.23(c) and (d). The regulations included in this plan have been adopted by the State Air Pollution Control Board in accordance with the Code of Virginia and with public participation as required by the Code of Virginia, the federal Clean Air Act, and the Code of Federal Regulations. Because the regulations have been adopted, DEQ is accepting comment only on the issues cited above and not on the content of the regulations.

Description of proposal: EPA established designated pollutant emission guidelines for sewage sludge incinerators in the Federal Register of March 21, 2011 (76 FR 15372). In order to implement the guidelines, it was necessary for Virginia to develop and adopt a state regulation containing those limits. In addition to the regulations, the proposed plan contains an inventory of emissions from the affected facilities, a list of authorities being retained by EPA, and other supporting documentation.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations and not any provision of state law. The proposal will be submitted as § 111(d)/129 plan under §§ 111(d) and 129 of the federal Clean Air Act in accordance with 40 CFR 60.23(c) and (d). It is planned to submit all provisions of the proposal as a Commonwealth of Virginia § 111(d)/129 plan with the exception of state-only enforceable provisions, which are specifically identified in the plan.

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. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. All materials received are part of the public record.

To review plan documents: The proposal is 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, 629 East Main Street, 8th Floor, Richmond, VA, telephone [phone],

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

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

4) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone [phone], and

5) Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, 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], TDD [phone], or email [e-mail].

BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS AND LANDSCAPE ARCHITECTS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulation:

18VAC10-20, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Kathleen (Kate) R. Nosbisch, Executive Director, APELSCIDLA Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX (866) 465-6206.

BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Board for Asbestos, Lead, and Home Inspectors regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulations:

18VAC15-20, Virginia Asbestos Licensing Regulations

18VAC15-30, Virginia Lead-Based Paint Activities Regulations

18VAC15-40, Virginia Certified Home Inspectors Regulations

The regulations may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Trisha L. Henshaw, Executive Director, Board for Asbestos, Lead, and Home Inspectors, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

AUCTIONEERS BOARD

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Auctioneers Board regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulation:

18VAC25-21, Regulations of the Virginia Auctioneers Board

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Kathleen (Kate) R. Nosbisch, Executive Director, Auctioneers Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

BOARD FOR BARBERS AND COSMETOLOGY

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Board for Barbers and Cosmetology regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulations:

18VAC41-20, Barbering and Cosmetology Regulations

18VAC41-40, Wax Technician Regulations

18VAC41-50, Tattooing Regulations

18VAC41-60, Body-Piercing Regulations

18VAC41-70, Esthetics Regulations

The regulations may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Demetrios J. Melis, Executive Director, Board for Barbers and Cosmetology, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

BOARD FOR BRANCH PILOTS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Board for Branch Pilots regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulation:

18VAC45-21, Board for Branch Pilots Regulations

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Kathleen (Kate) R. Nosbisch, Executive Director, Board for Branch Pilots, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

CEMETERY BOARD

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Cemetery Boards regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulation:

18VAC47-20, Cemetery Board Rules and Regulations

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Christine Martine, Executive Director, Cemetery Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

COMMON INTEREST COMMUNITY BOARD

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Common Interest Community Board regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulations:

18VAC48-20, Condominium Regulations

18VAC48-40, Time-Share Regulations

18VAC48-50, Common Interest Community Manager Regulations

18VAC48-60, Common Interest Community Board Management Information Fund Regulations

18VAC48-70, Common Interest Community Ombudsman Regulations

The regulations may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email).  Comments or questions should be sent to Trisha L. Henshaw, Executive Director, Common Interest Community Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

BOARD FOR CONTRACTORS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Board for Contractors regulations currently in place to: (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulations:

18VAC50-22, Board for Contractors Regulations

18VAC50-30, Individual License and Certification Regulations

The regulations may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Eric L. Olson, Executive Director, Board for Contractors, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

BOARD OF COUNSELING

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 Board of Counseling is conducting a periodic review of:

18VAC115-15, Regulations Governing Delegation to an Agency Subordinate

18VAC115-20, Regulations Governing the Practice of Professional Counseling

18VAC115-30, Regulations Governing the Certification of Substance Abuse Counselors

18VAC115-40, Regulations Governing the Certification of Rehabilitation Providers

18VAC115-50, Regulations Governing the Practice of Marriage and Family Therapy

18VAC115-60, Regulations Governing the Licensure of Substance Abuse Professionals

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on whether each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012 and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

FAIR HOUSING BOARD

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Fair Housing Boards regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulation:

18VAC62-20, Fair Housing Certification Regulations

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail].  Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Christine Martine, Executive Director, Fair Housing Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

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 Board of Funeral Directors and Embalmers is conducting a periodic review of:

18VAC65-20, Regulations of the Board of Funeral Directors & Embalmers

18VAC65-30, Regulations Governing Preneed Funeral Planning

18VAC65-40, Regulations Governing the Resident Trainee Program

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on whether each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012 and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

DEPARTMENT OF HEALTH PROFESSIONS

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 Health Professions is conducting a periodic review of:

18VAC76-10, Regulations Governing the Health Practitioners' Monitoring Program for the Department of Health Professions

18VAC76-20, Regulations Governing the Prescription Monitoring Program

18VAC76-40, Regulations Governing Emergency Contact Information

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Department is seeking comment on whether each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012 and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Board for Hearing Aid Specialists and Opticians regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulations:

18VAC80-20, Board for Hearing Aid Specialists Regulations

18VAC80-30, Opticians Regulations

The regulations may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail] or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Demetrios J. Melis, Executive Director, Board for Hearing Aid Specialists and Opticians, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail] or [e-mail], telephone [phone], or FAX [phone].

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on October 15, 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 One Hundred Four (12)

Virginia's Instant Game Lottery 1376 "Cashing Through The Snow" Final Rules for Game Operation (effective October 12, 2012)

Director's Order Number One Hundred Five (12)

Virginia's Instant Game Lottery 1378 "Gift Tree" Final Rules for Game Operation (effective October 12, 2012)

Director's Order Number One Hundred Eight (12)

Virginia's Instant Game Lottery 1383 "White Ice 9'S" Final Rules for Game Operation (effective October 15, 2012)

Director's Order Number One Hundred Nine (12)

"Food Lion Catalina Coupon Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective October 15, 2012)

Director's Order Number One Hundred Ten (12)

Virginia's Instant Game Lottery 1367 "$150 Grand" Final Rules for Game Operation (effective October 15, 2012)

Director's Order Number One Hundred Eleven (12)

Virginia's Instant Game Lottery 1362 "Hot Card" Final Rules for Game Operation (effective October 15, 2012)

BOARD OF MEDICINE

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 Board of Medicine is conducting a periodic review of:

18VAC85-15, Regulations Governing Delegation to an Agency Subordinate

18VAC85-40, Regulations Governing the Practice of Respiratory Care

18VAC85-50, Regulations Governing the Practice of Physician Assistants

18VAC85-80, Regulations Governing the Licensure of Occupational Therapists

18VAC85-101, Regulations Governing the Licensure of Radiologic Technologists and Radiologic Technologists-Limited

18VAC85-110, Regulations for Licensed Acupuncturists

18VAC85-120, Regulations Governing the Licensure of Athletic Trainers

18VAC85-130, Regulations Governing the Practice of Licensed Midwives

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on whether each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012, and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

STATE MILK COMMISSION

Notice of Period Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services is conducting a periodic review of 2VAC15-20, Regulations for the Control and Supervision of Virginia's Milk Industry.

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 November 5, 2012, and ends on November 26, 2012.

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 Rodney L. Phillips, Administrator, Milk Commission, P.O. Box 1163, Richmond, VA, 23218, Richmond, VA, 23218, telephone [phone], FAX [phone], or email [e-mail].

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.

BOARD OF NURSING

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 Board of Nursing is conducting a periodic review of:

18VAC90-15, Regulations Governing Delegation to an Agency Subordinate

18VAC90-20, Regulations Governing the Practice of Nursing

18VAC90-25, Regulations Governing Certified Nurse Aides

18VAC90-50, Regulations Governing the Certification of Massage Therapists

18VAC90-60, Regulations Governing the Registration of Medication Aides

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on whether each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012, and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

BOARD OF OPTOMETRY

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 Board of Optometry is conducting a periodic review of 18VAC105-20, Regulations Governing the Practice of Optometry.

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on 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 November 5, 2012, and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

BOARD OF PHARMACY

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 Board of Pharmacy is conducting a periodic review of:

18VAC110-20, Virginia Board of Pharmacy Regulations

18VAC110-30, Regulations for Practitioners of the Healing Arts to Sell Controlled Substances

18VAC110-40, Regulations Governing Collaborative Practice Agreements

18VAC110-50, Regulations Governing Wholesale Distributors, Manufacturers and Warehousers

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on whether each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012, and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

BOARD PHYSICAL THERAPY

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 Board of Physical Therapy is conducting a periodic review of 18VAC112-20, Regulations Governing the Practice of Physical Therapy.

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on 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 November 5, 2012, and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], email [e-mail].

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.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department is conducting a review of the Department's polygraph examiner regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulation:

18VAC120-30, Regulations Governing Polygraph Examiners

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Eric L. Olson, Executive Director, Polygraph Examiners Advisory Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-6166, FAX [phone], or email [e-mail].

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department is conducting a review of the Department's professional boxing, wrestling, and mixed martial arts regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulation:

18VAC120-40, Virginia Professional Boxing and Wrestling Events Regulations

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email).  Comments or questions should be sent to Kathleen (Kate) R. Nosbisch, Executive Director, Professional Boxing, Wrestling, and Martial Arts Advisory Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX (866) 465-6206.

BOARD FOR PROFESSIONAL SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Board for Professional Soil Scientists, Wetland Professionals, and Geologists regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulations:

18VAC145-20, Professional Soil Scientists Regulations

18VAC145-30, Regulations Governing Certified Professional Wetland Delineators

18VAC145-40, Regulations for the Geology Certification Program

The regulations may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email).  Comments or questions should be sent to Kathleen (Kate) R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

BOARD OF PSYCHOLOGY

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 Board of Psychology is conducting a periodic review of:

18VAC125-15, Regulations Governing Delegation to an Agency Subordinate

18VAC125-30, Regulations Governing the Certification of Sex Offender Treatment Providers

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on whether each regulation should be terminated, amended, or retained in its current form. 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.

The comment period begins November 5, 2012, and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

REAL ESTATE APPRAISER BOARD

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Real Estate Appraiser Boards regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulation:

18VAC130-20, Real Estate Appraiser Board Rules and Regulations

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Christine Martine, Executive Director, Real Estate Appraiser Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

REAL ESTATE BOARD

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Real Estate Boards regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulations:

18VAC135-20, Virginia Real Estate Board Licensing Regulations

18VAC135-50, Fair Housing Regulations

The regulations may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Christine Martine, Executive Director, Real Estate Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

BOARD OF SOCIAL WORK

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 Board of Social Work is conducting a periodic review of 18VAC140-20, Regulations Governing the Practice of Social Work.

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on 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 November 5, 2012, and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

BOARD OF VETERINARY MEDICINE

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 Board of Veterinary Medicine is conducting a periodic review of 18VAC150-20, Regulations Governing the Practice of Veterinary Medicine.

The review is part of the Governor's Regulatory Reform Project with the goal of:

a. Repealing regulations that are unnecessary or no longer in use;

b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and

c. Identifying statutes that require unnecessary or overly burdensome regulations.

Further, the Board is seeking comment on 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 November 5, 2012, and ends on December 5, 2012.

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 Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX [phone], or email [e-mail].

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.

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Board for Waste Management Facility Operators regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The department invites public comment on these issues specific to the following regulation:

18VAC155-20, Waste Management Facility Operators Regulations

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Eric L. Olson, Executive Director, Board for Waste Management Facility Operators, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

STATE WATER CONTROL BOARD

General Notice of Intent to Provide Section 401 Water Quality Certification of Norfolk District Corps of Engineers Regional Permit 22

Pursuant to Virginia Water Protection Permit Regulation (9VAC25-210-130 H), the State Water Control Board (Board) is giving notice of its intent to provide § 401 Water Quality Certification for activities authorized by the above referenced U.S. Army Corps of Engineers (USACE) Norfolk District Regional Permit after considering public comment for a 30-day period starting October 16, 2012.

On September 26, 2012, the U.S. Army Corps of Engineers (USACE) Norfolk District published a notice of its proposed reissuance and modification of the Regional Permit 22 (08-RP-22) that is scheduled to expire on August 14, 2013. RP-22 authorizes certain activities within the Virginia portion of Lake Gaston. These activities include construction and other actions on piers, docks, boathouses, bulkheads, riprap, boat slips, channels, aerial power lines, and utility lines. The notice and proposed 12-RP-22 can be found at: http://www.nao.usace.army.mil/Media/PublicNotices/tabid/3060/Article/4441/proposed-reissuance-and-modification-of-the-norfolk-district-regional-permit-22.aspx.

The proposed modification to the RP-22 is intended to better streamline the process for applicants. Whereas all activities in 08-RP-22 required notification to the USACE, 12-RP-22 allows certain activities to be non-reporting to the USACE so long as Dominion North Carolina Power has issued a permit.

The State Water Control Board hereby proposes unconditional § 401 Water Quality Certification for 12-RP-22.

The Board can only issue final § 401 Certification of a nationwide or regional USACE permit if the permit meets the requirements of the VWP regulation and after advertising and accepting public comment for 30 days on its intent to provide certification.

The State Water Control Board will issue its final § 401 Water Quality Certification for activities authorized by the above referenced U.S. Army Corps of Engineers (USACE) Norfolk District permits at the end of the 30 day comment period and after any comments received are considered. Written comments, including those by email, must be received no later than 11:59 p.m. on November 15, 2012, and should be submitted to David L. Davis at the address given below. Only those comments received within this period will be considered by the Board. Written comments shall include the name, address, and telephone number of the writer, and shall contain a complete, concise statement of the factual basis for comments.

Contact Information: David L. Davis, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], TDD [phone], or email [e-mail].

BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform initiative, the Department of Professional and Occupational Regulation is conducting a review of the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals regulations currently in place to (i) repeal regulations that are unnecessary or no longer in use and (ii) reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups.

The Department invites public comment on these issues specific to the following regulation:

18VAC160-20, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on Wednesday, December 5, 2012, and may be sent to the address below or [e-mail]. Comments must include the commenter's name and address (physical or email). Comments or questions should be sent to Trisha L. Henshaw, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email [e-mail], telephone [phone], or FAX [phone].

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice [phone]; FAX [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/cmsportal3/cgi-bin/calendar.cgi.

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/cumultab.htm.

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

MARINE RESOURCES COMMISSION

Title of Regulation: 4VAC20-720. Pertaining to Restrictions on Oyster Harvest.

Publication: 29:3 VA.R. 344-355 October 8, 2012.

Change to Final Regulation:

Page 352, 4VAC20-720-20, definition of "York River Area Rotation Area 1" line 4, delete "Marker"," and insert "Marker "8","

Page 352, 4VAC20-720-30, line 1, delete "Marine Resources Commissioner of Marine Resources" and insert "Commissioner of the Marine Resources Commission"

Page 352, 4VAC20-720-35, line 1, delete "Marine Resources Commissioner of the Marine Resources Commission" and insert "Commissioner of the Marine Resources Commission"

VA.R. Doc. No. R13-3351; October 16, 2012

STATE BOARD OF EDUCATION

Titles of Regulations: 8VAC20-670. Regulations Governing the Operation of Private Day Schools for Students with Disabilities.

8VAC20-671. Regulations Governing the Operation of Private Schools for Students with Disabilities.

Publication: 29:4 VA.R. 828-853 October 22, 2012.

Change to Summary:

Page 830, line 1, change "Chapter 803" to "Chapter 873"

VA.R. Doc. No. R11-2536; October 23, 2012

STATE AIR POLLUTION CONTROL BOARD

Titles of Regulations: 9VAC5-50. New and Modified Stationary Sources (Rev. H05).

9VAC5-80. Permits for Stationary Sources (Rev. H05).

Publication: 29:3 VA.R. 431-463 October 8, 2012.

Change to Final Regulation:

Page 445, 9VAC5-80-1110 C, definition of Modification, at the end of subdivision 6, strike "; or" and at the end of subdivision 7, strike the period and insert "; or"

VA.R. Doc. No. R06-106; October 12, 2012