8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 27 Iss. 14 - March 14, 2011

GENERAL NOTICES/ERRATA

STATE CORPORATION COMMISSION

AT RICHMOND, FEBRUARY 11, 2011

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUC-2011-00002

Ex Parte: In the Matter of Implementing
Virginia Code § 56-235.5:1.B 1 (ii), to
determine a schedule for the elimination of
the carrier common line charge

ORDER INVITING COMMENTS AND REQUESTS FOR HEARING

On January 31, 2011, the Staff ("Staff") of the State Corporation Commission ("Commission"), filed its Staff Motion to Adopt Schedule ("Staff Motion"), which requested that comments be invited regarding schedules to eliminate the carrier common line charge ("CCLC") element of intrastate switched access charges of certain incumbent local exchange carriers ("ILECs"). The ILECs that would be subject to the proposed schedules were listed in the Staff Motion as:

1. Amelia Telephone Corporation;

2. Buggs Island Telephone Cooperative;

3. Burke's Garden Telephone Company;

4. Citizen's Telephone Cooperative;

5. Highland Telephone Cooperative;

6. MGW Telephone Company;

7. New Castle Telephone Company;

8. New Hope Telephone Cooperative;

9. NTELOS Telephone Inc.;

10. Pembroke Telephone Cooperative;

11. Peoples Mutual Telephone Company;

12. Roanoke and Botetourt Telephone Company;

13. Scott County Telephone Cooperative; and

14. Virginia Telephone Company.

The purpose of the Staff Motion was to enable the Commission to establish, on or before July 1, 2011, a schedule for the elimination of the CCLC element of intrastate switched access charges of ILECs with 15,000 or fewer access lines in compliance with the directives of Va. Code § 56-235.5:1.B.(ii).¹

NOW THE COMMISSION, having considered the Staff Motion and the applicable law, is of the opinion and finds that comments regarding the Staff's proposed schedules, Option 1 and Option 2, should be invited from interested persons, interexchange carriers, and local exchange carriers.

Accordingly, IT IS ORDERED THAT:

(1) On or before March 15, 2011, interested persons, interexchange carriers, and local exchange carriers may file written comments, requests for hearing, or both, concerning the Staff's proposed schedules, attached hereto as Appendix A, with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. Comments shall refer to Case No. PUC-2011-00002. Interested persons desiring to file comments electronically may do so by following instructions available at the Commission's website: http://www.scc.virginia.gov/case.

(2) On or before March 15, 2011, any person wishing to request a hearing or be a party in this proceeding shall file an original and fifteen (15) copies of a notice of participation as a respondent in writing with the Clerk of the Commission at the address set forth above.  Notices of participation shall include: (i) a precise statement of the interest of the filing party; (ii) a statement for the specific action sought to the extent then known; and (iii) a statement of the factual and legal basis for such action.  A request for hearing must contain the same information together with the reasons why an evidentiary hearing is needed for the Commission to make its determination.

(3) On or before April 15, 2011, the Staff may file with the Clerk of the Commission an original and fifteen (15) copies of any reply to any comments filed herein.

(4) Copies of this Order and Appendix A are available for public inspection between the hours of 8:15 a.m. and 5 p.m., Monday through Friday, in the Commission's Document Control Center, located on the first floor of the Tyler Building, 1300 East Main Street, Richmond, Virginia 23219. Copies may also be downloaded from the Commission's website: http://www.scc.virginia.gov/case.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to all persons listed on the Official Service list, Appendices B and C; C. Meade Browder, Jr., Esquire, Senior Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 900 East Main Street, Second Floor, Richmond, Virginia 23219; and copy hereof shall be delivered to the Commission's Office of General Counsel and Division of Communications.

________________________

¹ Section 56-235.5:5 1 B 1 (i) (a) requires that an ILEC with greater than 15,000 lines that directly receives no later than April 1, 2010, a Broadband Initiatives Program grant and loan for use in the Commonwealth from the Rural Utilities Service of the U.S. Department of Agriculture under the Recovery and Reinvestment Act of 2009 be considered under clause (ii). NTELOS Telephone Inc. is subject to this provision.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Availability of the Final 2010 305(b)/303(d) Water Quality Assessment Integrated Report

The Department of Environmental Quality (DEQ) released the Final 2010 305(b)/303(d) Water Quality Assessment Integrated Report (Integrated Report) on February 28, 2011.

The Integrated Report combines both the 305(b) Water Quality Assessment and the 303(d) Report on Impaired Waters. This report was available for public comment from August 23, 2010, through September 24, 2010. Comments were received from the public and the United States Environmental Protection Agency (EPA). In response to comments, the report was slightly revised and resubmitted to EPA on December 10, 2010, and then approved on February 9, 2011.

The final report, responses to written comments, and map images are available for download on DEQ's website at http://www.deq.virginia.gov/wqa/. Copies are available at no charge on CD-ROM (limit one per person) by request via the webpage or via telephone at [phone]. These CD-ROMs include the entire final report, all of its appendices, and a digital book of maps developed from the 2010 assessment. Due to the cost of printing, hard copies are only available by special request.

Questions about the final report can be directed to: Darryl M. Glover, Department of Environmental Quality, Office of Water Monitoring and Assessment, P.O. Box 1105, Richmond, VA 23218, or via email to [e-mail].

State Implementation Plan Proposed Revision - Outer Continental Shelf (OCS) Sources
(9VAC5-20-21, Rev. D10)

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 as follows: Outer Continental Shelf (OCS) Sources (9VAC5-20-21, Rev. D10).

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: March 14, 2011, to April 14, 2011.

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 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 a of the Administrative Process Act because they are necessary to conform to Virginia statutory law. Since the amendments 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: The proposed revision will consist of amendments to existing regulation provisions concerning documents incorporated by reference, 9VAC5-20-21. The major provisions of the proposal are summarized as follows: Chapter 689 of the 2010 Acts of the Assembly amended the Code of Virginia by adding a new § 10.1-1307.03, Requirements applicable to OCS sources. The new code provisions require that the board adopt regulations as necessary to implement and enforce the requirements of § 328 of the federal Clean Air Act relating to requirements to control air pollution from OCS sources located offshore of the Commonwealth. The regulations may not differ materially from the regulations promulgated by EPA in implementing § 328 (that is, 40 CFR Part 55). The regulations of the board were therefore revised to adopt the federal OCS program of 40 CFR Part 55 by reference. This enables EPA to delegate implementation and enforcement of 40 CFR Part 55 to the Commonwealth, and, in turn, enable the Commonwealth to require limitations on emissions as needed to attain and maintain the ambient air quality standards, and to meet prevention of significant deterioration (PSD) requirements.

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. Except as noted below, 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 Commonwealth of Virginia SIP.

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. Commenters submitting faxes are encouraged to provide the signed original by postal mail within one week. All testimony, exhibits, and documents received are part of the public record.

To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/air/permitting/planotes.html). 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 E. Main St., Richmond, VA telephone [phone],

2) Piedmont Regional Office, 4949-A Cox Rd., Glen Allen, VA telephone [phone],

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

4) 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, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX (804) 698-4510.

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 February 17, 2011. 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 Six (11)

Virginia's Instant Game Lottery 1237; "Double Your Luck" Final Rules for Game Operation (effective February 16, 2011)

Director's Order Number Eight (11)

Virginia's Instant Game Lottery 1247; "Monopoly" Final Rules for Game Operation (effective February 16, 2011)

Director's Order Number Nine (11)

Virginia's Instant Game Lottery 1225; "Find The 9s" Final Rules for Game Operation (effective February 16, 2011)

Director's Order Number Thirteen (11)

Virginia Lottery's "Virginia's Riches Sweepstakes" Final Rules for Game Operation (effective February 16, 2011)

Director's Order Number Fifteen (11)

Virginia's Instant Game Lottery 1231; "Fantastic 5's Doubler" Final Rules for Game Operation (effective February 16, 2011)

Director's Order Number Sixteen (11)

"Wawa Retailer Recruitment Incentive Promotion" Virginia Lottery Retailer Incentive Program Rules (effective February 23, 2011)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft 2011 Managed Care Quality Strategy for Public Comment

In accordance with the requirements of the federal Medicaid authority, the Centers for Medicare and Medicaid Services (CMS), the Department of Medical Assistance Services gives notice that the agency is publishing for public comment a draft of the DMAS 2011 Managed Care Quality Strategy. The Code of Federal Regulations, specifically 42 CFR 438.202, requires states that contract with managed care organizations (MCOs) to have a written strategy for assessing and improving the quality of managed care services offered by all MCOs. It also requires those states to obtain the input of recipients and other stakeholders in the development of the strategy and to make the strategy available for public comment before adopting it in final form. The purpose of this notice is to fulfill that requirement.

A copy of the DMAS Draft 2011 Managed Care Quality Strategy may be viewed on the DMAS website at the following address: http://dmasva.dmas.virginia.gov/Content_atchs/mc/mc-qs.pdf.

This notice is being made available for comment by interested parties through March 25, 2011. Following this public notice period, DMAS shall take into consideration the public comments received by the agency and submit the final draft of the 2011 Managed Care Quality Strategy to the Centers for Medicare & Medicaid Services for approval. Anyone wishing to provide public comment on the DMAS Draft 2011 Managed Care Quality Strategy may submit their comments to:

Carol L. Stanley, MS, CPHQ

Quality Improvement Analyst

Department of Medical Assistance Service

Division of Health Care Services

600 East Broad Street, Suite 1300

Richmond, VA 23219

Telephone [phone]

Email [e-mail]

SAFETY AND HEALTH CODES BOARD

Notice of Periodic Review

Pursuant to Executive Order 14 (2010), the Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board (board) will review 16VAC25-55, Financial Responsibility of Boiler and Pressure Vessel Contract Fee Inspectors. The purpose of the review is to determine whether this regulation should be amended, or retained in its current form. The review of this regulation will be guided by the principles listed in Executive Order 14 (2010). The purpose of this regulation is to set minimum aggregate limits for coverage or other means set out in law and approved by the board to ensure the financial responsibility of boiler and pressure vessel contract fee inspectors operating in the Commonwealth. The intent of this financial responsibility is to assure additional protection to the public, including compensation to third parties, in cases where there is bodily injury and property damage resulting from, or directly relating to, a contract fee inspector's negligent inspection or recommendation for certification of a boiler or pressure vessel. (See § 40.1-51.9:2.) DOLI and the board seek public comment on the review of issues related to this regulation, especially the following:

1. Does the regulation meet the following goals?

(a) Reduce the incidence of material impairment of the health of Virginians due to workplace exposure to known hazards.

(b) Provide protection to workers in this industry equal to that provided to workers in other industries.

(c) Protect the public's health, safety and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation clearly written and easy to understand? Comments on this regulation are welcome and will be accepted until April 5, 2011.

Comments may be posted online on the Virginia Regulatory Town Hall website: http://townhall.virginia.gov/.

Comments may also be mailed to Reba O'Connor, Regulatory Coordinator, Department of Labor and Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, VA 23219, or emailed to [e-mail].

Each commenter should include his or her full name and mailing address.

Notice of Periodic Review

Pursuant to Executive Order 14 (2010), the Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board (board) will review 16VAC25-75, Telecommunications, General, Approach Distances. The purpose of the review is to provide the same degree of protection to telecommunications employees working inside approach distances to live electrical lines and parts as their counterparts under the electrical power generation, transmission, and distribution standard who work inside approach distances. (See § 40.1-22.) DOLI and the board seek public comment on the review of issues related to this regulation, especially the following:

1. Does the regulation meet the following goals?

(a) Reduce the incidence of material impairment of the health of Virginians due to workplace exposure to known hazards.

(b) Provide protection to workers in this industry equal to that provided to workers in other industries.

(c) Protect the public's health, safety and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation clearly written and easy to understand? Comments on this regulation are welcome and will be accepted until April 5, 2011.

Comments may be posted online on the Virginia Regulatory Town Hall website: http://townhall.virginia.gov/.

Comments may also be mailed to Reba O'Connor, Regulatory Coordinator, Department of Labor and Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, VA 23219, or emailed to: [e-mail].

Each commenter should include his or her full name and mailing address.

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 are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked 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.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions, and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track, and emergency regulatory packages.

ERRATA

MARINE RESOURCES COMMISION

Title of Regulation: 4VAC20-1060. Pertaining to Enlargement of Established Restricted Area -- Dominion Power/Nuclear Power Station.

Publication: 27:12 VA.R. 1282-1283 February 14, 2011.

Correction to Final Regulation:

Page 1283, 4VAC20-1060-20 A, line 2, strike "area is" and insert "areas are"

VA.R. Doc. No. R11-2722; Filed March 4, 2011, 9:23 a.m.