8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 19 - May 16, 2016

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 2VAC5-70, Health Requirements Governing the Control of Equine Infectious Anemia 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 March 25, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continued need for this regulation in order to protect the equine industry in Virginia. This regulation decreases the potential for the spread of disease amongst equine populations. There have been no comments or complaints received from the public regarding this regulation. The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated by periodic review in 2000 and was amended in 2011. In the period since this regulation was last amended, there have been no significant changes in technology, economic conditions, or other factors. The regulation has minimal impact on small business

Contact Information: Charles Broaddus, DVM, Program Manager, Veterinary Services, 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 2VAC5-280, Virginia Grade Standards for Slaughter and Feeder Lambs, 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 April 22, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continued need for this regulation in order to provide a fair and equitable grading standard for evaluation of slaughter and feeder lambs. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated by periodic review in 2011. In the period since this regulation was last evaluated, there have been no significant changes in technology, economic conditions, or other factors. The standards established in this regulation are applied on a voluntary basis and do not create a burden to small business.

Contact Information: Michael Carpenter, Program Manager, Livestock Marketing Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email address: [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 2VAC5-290, Breeder Sheep Grade Standards, 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 April 22, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continued need for this regulation in order to provide a fair and equitable grading standard for evaluation of breeder sheep. Many farms that have breeder sheep are small businesses, and this regulation assists these entities in evaluating their stock to determine quality. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated by periodic review in 2011. In the period since this regulation was last evaluated, there have been no significant changes in technology, economic conditions, or other factors. The standards established in this regulation are applied on a voluntary basis and do not create a burden to small businesses.

Contact Information: Michael Carpenter, Program Manager, Livestock Marketing Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email address: [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 2VAC5-330, Rules and Regulations for Enforcement of the Virginia Pest Law-Virginia Gypsy Moth Quarantine, 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 April 15, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continued need for this regulation. This regulation requires that nurseries and timber operations located in infested areas obtain inspections and certifications for regulated articles before these articles may be moved from regulated to nonregulated areas. If this regulation were not in place, the U.S. Department of Agriculture, Animal and Plant Health Inspection Service would issue a federal, statewide quarantine, which would place restrictions on businesses in noninfested areas of Virginia. Many nurseries and timber operations in Virginia are small businesses, and this regulation ensures that businesses in noninfested areas are not subject to the quarantine. The regulation was last amended in 2012. In the period since this regulation was last amended, there have been no significant changes to technology, economic conditions, or other factors that would necessitate modifications to the regulation. There have been no comments or complaints received from the public regarding this regulation. The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The agency recommends that the regulations stay in effect without change.

Contact Information: Debra Martin, Program Manager, Office of Plant Industry Service, 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 2VAC5-400, Rules and Regulations for the Enforcement of the Virginia Fertilizer 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 April 15, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continued need for this regulation to assist in ensuring the proper oversight of fertilizer sale in the Commonwealth. The agency has not received any complaints or comments from the public concerning this regulation. The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. This regulation was last amended in 2009. In the period since this regulation was last evaluated, there have been no significant changes in technology, economic conditions, or other factors that necessitate amendments to this regulation.

Contact Information: Debra Martin, Program Manager, Office of Plant Industry Service, 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 2VAC5-480, Regulation Governing the Oxygenation of Gasoline, 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 April 15, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that this regulation, in its current form, remains necessary, as it is currently used by the Department of Environmental Quality as a part of a federally required air quality management plan for the control of carbon monoxide in Northern Virginia. This regulation does not place unnecessary burdens on industry. The regulation was last evaluated by periodic review in 2011. In the period since this regulation was last evaluated, there have been no significant changes in technology, economic conditions, or other factors. In its review, the agency has determined that this regulation was developed in accordance with the laws relating to the impact of regulations on small businesses and with the goal of minimizing the economic impact on small businesses. The agency recommends that this regulation stay in effect without change.

Contact Information: Joel Maddux, Program Manager, Office of Weights and Measures, 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 2VAC5-550, Rules and Regulations Pertaining to Tolerances and Prohibitions Applicable to Sausage, 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 March 25, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continued need for this regulation. The agency has received no comments or complaints from the public regarding this regulation. The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated by a periodic review conducted in 2011. In the period since this regulation was last evaluated, there have been no significant changes in technology, economic conditions, or other factors. The regulation has minimal impact on small business.

Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, 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 2VAC5-560, Rules and Regulations Pertaining to Labeling and Sale of Infant Formula, 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 March 25, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continued need for this regulation in order to ensure that infant formula offered for sale in Virginia is accurately represented to the consumer and is fresh and capable of providing infants with appropriate nutrition. There have been no comments or complaints received from the public for this regulation. The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated by periodic review in 2011. In the period since this regulation was last evaluated, there have been no significant changes in technology, economic conditions, or other factors. The regulation has minimal impact on small business.

Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, 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 2VAC5-570, Rules and Regulations Defining Standards for Grades/Sizes of Shell Eggs, 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 March 25, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continued need for this regulation. Many farms that engage in egg production are small businesses, and this regulation ensures that Virginia-produced eggs can be sold outside the state. There have been no comments or complaints received from the public regarding this regulation. The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated by periodic review in 2000 and was amended in 2011. In the period since this regulation was last evaluated, there have been no significant changes in technology, economic conditions, or other factors.

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

STATE CORPORATION COMMISSION

Bureau of Insurance

April 15, 2016

Administrative Letter 2016-03

To: All Insurers and Rate Service Organizations Licensed to Write Property and Casualty Insurance in Virginia

Re: Compliance with Statutory Rate Standards in File-and-Use Lines of Insurance

The purpose of this Administrative Letter is to remind insurers to review the rate standards outlined in Virginia Code § 38.2-1904 for filings subject to the provisions of Chapter 19 of Title 38.2 of the Code of Virginia.

In recent years, Virginia has received rates and supplementary rating information in filings that utilize increasingly complex pricing mechanisms, such as predictive models. Some filings have included pricing mechanisms that are inconsistent with the rate standards outlined in § 38.2-1904, particularly subsection A 3. In order to comply with the rate standards, any rate differentials for the same coverage must be based on differences between expected losses and/or expenses. Examples of practices that have been determined to be inconsistent with the provisions of § 38.2-1904 A 3 include, but are not limited to, the use of:

• Characteristics specific to a particular policyholder to predict and assign pricing components unrelated to losses or expenses incurred during the policy period.

• Pricing components related to an insured's predicted long-term profitability over time, based on an insured's likelihood to renew.

• Price optimization techniques intended to maximize overall retention, profitability, written premium or market share based on how much of a premium increase an individual policyholder is likely to tolerate before seeking coverage with other carriers.

Questions pertaining to Administrative Letter 2016-03 can be directed to the Property and Casualty Division, Rates and Forms Sections at [phone] or [e-mail].

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on April 27, 2016. 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 Sixty-Two (16)

Virginia Lottery's Scratch Game 1655 "5X the Money" Final Rules for Game Operation (effective April 24, 2016)

Director's Order Number Sixty-Three (16)

Virginia Lottery's Scratch Game 1656 "Fast $50's" Final Rules for Game Operation (effective April 25, 2016)

Director's Order Number Sixty-Four (16)

Virginia Lottery's Scratch Game 1689 "20X the Money" Final Rules for Game Operation (effective April 25, 2016)

Director's Order Number Sixty-Six (16)

Virginia Lottery's Scratch Game 1696 "In the Money" Final Rules for Game Operation (effective April 25, 2016)

Director's Order Number Sixty-Seven (16)

Virginia Lottery's Scratch Game 1690 "Double Payout!" Final Rules for Game Operation (effective April 25, 2016)

Director's Order Number Sixty-Eight (16)

Virginia Lottery's Scratch Game 1664 "$1,000,000 Instant Cashout" Final Rules for Game Operation (effective April 25, 2016)

Director's Order Number Sixty-Nine (16)

Virginia Lottery's "Mega Gift Card Giveaway Promotion" Final Rules for Operation (effective June 1, 2016)

Director's Order Number Sixty-Five (16)

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 April 29, 2016:

Game 1639	Lucky 7 Crossword
Game 1627	Chocolate
Game 1619	Crossword Tripler
Game 1608	Whole Lotta $100's
Game 1592	$40,000 Payday
Game 1590	Grocery Bag Bucks
Game 1588	Redskins Champions Club
Game 1583	Cloud 9
Game 1578	Wild Time Gold
Game 1569	Triple Your Luck
Game 1556	Aces High
Game 1545	20X the Money
Game 1540	Money Maker
Game 1481	Extreme 13
Game 1390	Silver & Gold

The last day for lottery retailers to return for credit unsold tickets from any of these games will be June 13, 2016. The last day to redeem winning tickets for any of these games will be October 26, 2016, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of October 26, 2016, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

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

This Director's Order becomes effective on April 29, 2016 and shall remain in full force and effect unless amended or rescinded by further Director's Order.

SAFETY AND HEALTH CODES BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

16VAC25-11, Public Participation Guidelines

16VAC25-50, Boiler and Pressure Vessel Regulations

16VAC25-160, Construction Industry Standard for Sanitation

16VAC25-180, Virginia Field Sanitation Standard, Agriculture

The comment period begins May 23, 2016, and ends June 14, 2016.

Agency Contact: Regina P. Cobb, Senior Management Analyst, Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, 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 both reviews will be posted on the Virginia Regulatory Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice [phone]; Email: [e-mail].

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.