8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 26 Iss. 20 - June 07, 2010

GENERAL NOTICES/ERRATA

DEPARTMENT OF CONSERVATION AND RECREATION

Proposed Consent Decree - Fluor-Lane, L.L.C.

Purpose of notice: To seek public comment on the terms of a proposed consent decree (decree) to be entered by the Circuit Court of the City of Richmond and issued to Fluor-Lane, L.L.C., regarding the I-495/Capital Beltway high occupancy toll (HOT) lanes construction project.

Public comment period: June 7, 2010, through July 7, 2010.

Summary of proposal: The proposed decree describes a settlement between the Virginia Soil and Water Conservation Board and Fluor-Lane to ensure compliance with the Virginia stormwater management program General Permit for Discharges of Stormwater from Construction Activities. In addition, the decree requires that Fluor-Lane pay a civil penalty of $66,450 for alleged past violations of the Virginia Stormwater Management Act, regulations, and general permit.

How to comment: Department of Conservation and Recreation accepts written comments from the public by mail, email, or facsimile. All comments must include the name, address, and telephone number of the person commenting. Comments must be received during the comment period beginning June 7, 2010, and ending July 7, 2010. A copy of the proposed decree is available upon request.

Contact for documents and additional information: Elizabeth Anne Crosier, Department of Conservation and Recreation, 203 Governor Street, Suite 206, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Contact Information: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE CORPORATION COMMISSION

Bureau of Insurance

May 24, 2010

Administrative Letter 2010-04

TO: All Insurers Licensed to Write Accident and Sickness Insurance in Virginia, all Health Services Plans and Health Maintenance Organizations Licensed in Virginia

RE: Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) Virginia Chapter 693 (Senate Bill 706)

The purpose of this Administrative Letter is to provide guidance to insurers, health services plans and health maintenance organizations with the filing of forms to comply with the provisions of Chapter 693 (Senate Bill 706), enacted by the Virginia General Assembly during its 2010 legislative session.

Chapter 693 (Senate Bill 706), effective July 1, 2010, amends and reenacts §§ 38.2-3412.1 and 38.2-3412.1:01 of the Code of Virginia, and requires that group health insurance coverage issued to a large employer (an employer who employs on average at least 51 employees in a calendar year) shall provide coverage for mental health and substance abuse services on parity with the coverage for medical and surgical benefits in accordance with the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) (Public Law 110-343). The MHPAEA prohibits a group health plan or group health insurance coverage ("group plan") from applying financial requirements (e.g. copayments, coinsurance, deductibles, out-of-pocket maximums) or treatment limitations (e.g. number of visits, number of days of coverage) to the group plan's mental health and substance use disorder benefits that are more restrictive than those applied to its medical and surgical benefits.

In order to expedite and facilitate the review and approval of forms submitted for compliance with the above requirements, the Bureau of Insurance will require the following information in all submissions of group accident and sickness forms providing coverage on an expense incurred basis to large employer groups:

1) A clear identification of the submission as a "MHPAEA" submission;

2) Identification of any and all contracts or policies to which the submission applies, if applicable, along with their associated approval dates in Virginia;

3) Specification of all revisions made to comply with state and federal laws along with a clear explanation of the effect of such revisions; and

4) Inclusion of any and all revised rates affected by the revisions. If there is no change in rates, that should be specified as well.

Carriers are encouraged to complete and return the attached checklist with each form filing submitted for compliance with the requirements of Virginia Code §§ 38.2-3412.1 and 38.2-3412.1:01, as amended by Chapter 693 (Senate Bill 706), and the MHPAEA. While not all-inclusive, the checklist highlights important requirements in the MHPAEA that should be identified and addressed in each submission to the fullest extent possible, as per item # 3, above. Where applicable and appropriate, carriers should identify the provision in each form that conforms to the requirement identified in the checklist. Where compliance cannot be specifically identified in a particular provision, the "comment" field should be completed to verify compliance with a particular requirement.

While the completion and return of the completed checklist is not mandatory, it is strongly encouraged to facilitate the review process and avoid unnecessary delays in the review and approval of the submissions. Continued use of this checklist in conjunction with the applicable product filing checklists is also strongly encouraged.  You may view the checklist at: http://www.scc.virginia.gov/division/boi/webpages/boinaicproductreviewchecklistlh.htm

Carriers are also reminded to review the Rules Governing the Submission for Approval of Life, Accident and Sickness, Annuity, Credit Life and Credit Accident and Sickness Policy Forms, Chapter 100, Title 14 of the Virginia Administrative Code for general filing requirements.

Finally, carriers are strongly encouraged to submit their forms as soon as possible in order to be reasonably assured of sufficient review and approval time.

Questions regarding this letter may be directed to: Robert Grissom, Supervisor, Forms and Rates Section, Life and Health Division, Bureau of Insurance, State Corporation Commission, telephone [phone], or email [e-mail].

/s/ Alfred W. Gross

Commissioner of Insurance

DEPARTMENT OF CRIMINAL JUSTICE SERVICES

Edward Byrne Memorial Justice Assistance Grant (JAG) Program

The Department of Criminal Justice Services intends to submit an application to the Bureau of Justice Assistance of the U.S. Department of Justice to obtain federal fiscal year 2010 funding available through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The application, in the amount of $5,934,822 will be submitted no later than June 16, 2010.

The department will use these funds to make grants to support local and state agency law enforcement, prosecution and judicial programs; crime prevention and education programs; corrections and community corrections programs; drug treatment programs; and planning, evaluation and technology improvement programs.

The application to the Bureau of Justice Assistance is available for public review at the department's offices at 1100 Bank Street, Richmond, Virginia 23219. Comments from the public are welcome. Inquiries should be directed to Joe Marshall at [phone] or by email to [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load for Little Dark Run

The Department of Environmental Quality and the Department of Conservation and Recreation seek written and oral comments from interested persons on the development of an implementation plan (IP) for bacteria total maximum daily loads (TMDLs) on a 4.26 miles stream segment of Little Dark Run and 8.86 miles segment of the Robinson River in Madison County. The TMDLs for these stream impairments were completed in January 2008 and can be found in the Upper Rappahannock River Basin Report on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/rapprvr/urappaec.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

The first public meeting on the development of the IP for the bacteria TMDLs will be held on Tuesday, June 15, 2010, at 7 p.m. at the Madison County Volunteer Fire Company, 1223 North Main Street, Madison, Virginia. After a one hour public meeting, stakeholders will break into two working groups (agricultural and residential) to begin the public participation input process for the implementation plan.

The 30-day public comment period on the information presenting at this meeting will end on July 15, 2010. A fact sheet on the development of an IP for the Little Dark Run and Robinson River is available upon request. Questions or information requests should be addressed to Bob Slusser with the Virginia Department of Conservation and Recreation. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Bob Slusser, Department of Conservation and Recreation, email address [e-mail], telephone (540) 351-1590.

Total Maximum Daily Load for Twittys Creek

Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on an amendment of a total maximum daily load (TMDL) of a water body in Charlotte County, Virginia.

First Public Notice Issue Date: June 7, 2010.

Public comment period: 30 days following first public notice issue date.

Amendment to Twittys Creek TMDL: TMDLs have been developed for sediment to address aquatic life (benthic impairment) use in Twittys Creek. This TMDL was approved by the Environmental Protection Agency on September 30, 2004, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/roankrvr/twittybc.pdf. DEQ proposes to amend the TMDL to accommodate a facility which is requesting an expanded permit allocation and which was in the original Twittys Creek TMDL. DEQ has received a request to expand the design flow for Drakes Branch WWTP (VA0084433) from 80,000 GPD to 400,000 GPD. VA0084433 discharges into Twittys Creek. The existing wasteload allocation would accommodate 400,000 GPD at a permitted TSS concentration of 30 mg/L. The total wasteload allocation (WLA) for this facility would be 18.3 ton/yr, or an increase of 14.7 ton/yr. The addition of this increased WLA will be from the terminated Westpoint Stevens wasteload allocation, 16.8 ton/yr, which has been transferred to future growth. The distribution of future growth will result in no change to the original TMDL equation.

Additionally, DEQ has received registration statements from Douglas Auto Parts and Service (VAR051752), Tucker Timber Products, Inc. (VAR051513), and Smurfit-Stone Container Corporation (VAR050592) to renew their general permits for stormwater. These industrial stormwater facilities predate the TMDL development and were not included in the original TMDL development. VAR051752, VAR051513, and VAR050592 are located in the Twittys Creek watershed and discharge respectively into an unnamed tributary (UT) to Twittys Creek, an UT to Bentleys Branch which drains into Twittys Creek, and an UT to Bentleys Branch which drains into Twittys Creek. The facilities have a previously permitted benchmark for TSS concentration of 100 mg/l. The wasteload allocations would be 3.6 ton/year for VAR051752, 16.2 ton/yr for VAR051513, and 10.5 ton/yr for VAR050592. The addition of the WLA for these three facilities will be taken from the LA portion of the TMDL, due to the fact that these facilities predate the original TMDL development and would have otherwise been incorporated that way initially.

A construction wasteload allocation was not incorporated in the original TMDL and one percent of the TMDL will be used as a baseline for the transient construction load category. This level of WLA equates to 8.9 tons/yr, will remain aggregated, and will be taken from the LA portion of the TMDL, due to the fact that original incorporation of transient construction WLA would have otherwise been incorporated that way initially. The corrections result in a change to the original TMDL equation of 4.4%.

Changes to the WLA value would be 4.4% of the TMDL (39.2 ton/yr WLA increase as a percent of 890.1 ton/yr), resulting in the need for an amendment to the original TMDL.

Updating the WLA table in the Twittys Creek benthic TMDL in accordance with this amendment will not cause a water quality violation. Following public participation guidance for an amendment to a TMDL, a public notice will be made for the changes, followed by a 30 day public comment period, during which requests for public meeting will be considered.

How to comment and/or request a public meeting: DEQ accepts comments and requests for public meeting by email, fax, or postal mail. All comments and requests must be in writing and be received by DEQ during the comment period. Submittals must include the names, mailing addresses, and telephone numbers of the commentator/requestor and of all persons represented by the commentator/requestor. A request for public meeting must also include: (i) the reason why a public meeting is requested; (ii) a brief, informal statement regarding the nature and extent of the interest of the requestor or of those represented by the requestor, including how and to what extent such interest would be directly and adversely affected by the TMDL; and (iii) specific references, where possible, to terms and conditions of the permit with suggested revisions. DEQ may hold a public meeting, including another comment period, if public response is significant and there are substantial, disputed issues relevant to the permit. This public comment period will conclude on July 7, 2010.

Contact for public comments, document requests, and additional information: Paula Nash, Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, telephone [phone], or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF CONSERVATION AND RECREATION

Total Maximum Daily Load for Hays Creek

The Department of Conservation and Recreation (DCR) and the Department of Environmental Quality (DEQ) seek written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for Hays Creek and its tributaries. Hays Creek was listed on the 1998 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standard for bacteria. This impairment extends for 11.99 miles from Moffatts Creek to the confluence with the Maury River. Tributaries of Hays Creek, including Moffatts Creek, Walker Creek, and Otts Creek are also listed on the 2006 § 303(d) TMDL Priority List and Report for violations of the state's water quality standard for bacteria. These TMDLs were approved by EPA on May 19, 2008, and are available on DEQ's website at http://gisweb.deq.virginia.gov/tmdlapp/tmdl_report_search.cfm.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an implementation plan (IP) for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

Public participation is critical to the implementation planning process. DCR and DEQ will hold a first public meeting on June 24, 2010, at 7 p.m. to inform the public of the IP development and to solicit participation. The meeting will be held at the Rockbridge Baths Volunteer Fire Department, 5024 Maury River Rd., Rockbridge Baths, VA. Following this first informational meeting, DCR and DEQ will hold meetings for interested stakeholders to join working groups, which will direct the process and provide input to the agencies.

The public comment period for this first public meeting will end on July 26, 2010. Questions or information requests should be addressed to Nesha McRae, Department of Conservation and Recreation, telephone [phone].

Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, 44 Sangers Lane, Suite 102, Staunton, VA 24401, telephone (540) 332-9238, or email [e-mail].

COMMISSION ON LOCAL GOVERNMENT

Schedule for the Assessment of State and Federal Mandates on Local Governments

Pursuant to the provisions of §§ 2.2-613 and 15.2-2903(6) of the Code of Virginia, the following schedule, established by the Commission on Local Government and approved by the Secretary of Commerce and Trade and Governor McDonnell, represents the timetable that the listed executive agencies will follow in conducting their assessments of certain state and federal mandates that they administer on local governments. Such mandates are either new (in effect for at least 24 months) or newly identified. In conducting these assessments, agencies will follow the process established by Executive Order 58 which became effective October 11, 2007. These mandates are abstracted in the Catalog of State and Federal Mandates on Local Governments published by the Commission on Local Government.

For further information contact Zachary Robbins, Senior Policy Analyst, Commission on Local Government, email [e-mail], or telephone [phone] or visit the commission's website at www.dhcd.virginia.gov.

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods – July 2010 through June 2011

For Executive Agency Assessment of Cataloged Mandates

AGENCY	CATALOG	ASSESSMENT
Mandate Short Title	NUMBER	PERIOD
CRIMINAL JUSTICE SERVICES, DEPARTMENT OF
Law Enforcement Terrorism Prevention Grant	SPS.DCJS029	8/1/10 to 10/31/10
EDUCATION, DEPARTMENT OF
Supplemental Pay for Employees in Military Service	SOE.DOE129	7/1/10 to 9/30/10
JUVENILE JUSTICE, DEPARTMENT OF
Mental Health Transition Plans for Incarcerated Juveniles	SPS.DJJ009	7/1/10 to 9/30/10
PROFESSIONAL AND OCCUPATIONAL REGULATION, DEPARTMENT OF
Waste Management Facility Operator's License	SCT.DPOR003	7/1/10 to 9/30/10
RAIL AND PUBLIC TRANSPORTATION, DEPARTMENT OF
Rail Enhancement Program	STO.DRPT020	3/1/11 to 5/31/11
TRANSPORTATION, DEPARTMENT OF
Land Use Permits	STO.VDOT037	2/1/11 to 4/30/11

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 May 10, 2010, May 19, 2010, and May 24, 2010. 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 Thirty-Eight (10)

Virginia's Instant Game Lottery 1179; "Winner's Circle" Final Rules for Game Operation (effective May 7, 2010)

Director's Order Number Forty (10)

Virginia's Instant Game Lottery 1183; "Deluxe Winner Take All" Final Rules for Game Operation (effective May 7, 2010)

Director's Order Number Forty-One (10)

Virginia's Instant Game Lottery 1187; "$250 Grand" Final Rules for Game Operation (effective May 7, 2010)

Director's Order Number Forty-Two (10)

Virginia's Instant Game Lottery 1191; "Gimme 5!" Final Rules for Game Operation (effective May 7, 2010)

Director's Order Number Forty-Three (10)

Virginia's Instant Game Lottery 1190; "7 11 21" Final Rules for Game Operation (effective May 7, 2010)

Director's Order Number Forty-Four (10)

Virginia's Instant Game Lottery 1195; "Cash To Go" Final Rules for Game Operation (effective May 7, 2010)

Director's Order Number Forty-Six (10)"

"Angel Vision Video Retailer Recruitment" Virginia Lottery Retailer Incentive Program Rules (effective May 7, 2010)

Director's Order Number Forty-Seven (10)

Virginia Lottery's "Powerball Powerplay 10X Sweepstakes" Final Rules for Game Operation (effective May 7, 2010) (effective nunc pro tunc to May 1, 2010)

Director's Order Number Forty-Eight (10)

Virginia Lottery's "Muscle Car Money Summer Fun Sweepstakes" Final Rules for Game Operation (effective May 11, 2010)

Director's Order Number Fifty (10)

Virginia Lottery's "Winner's Circle Sweepstakes" Final Rules for Game Operation (effective May 20, 2010)

* * * * * * * *

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on May 20, 2010.

Director's Order Number Fifty-Five (10)

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 May 28, 2010:

Game 1140	Mega Money
Game 1144	$50,000,000 Redskins Mania
Game 1151	100X The Money

The last day for lottery retailers to return for credit unsold tickets from any of these games will be July 2, 2010. The last day to redeem winning tickets for any of these games will be November 24, 2010, 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 November 24, 2010, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

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

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

/s/ Paula I. Otto

Executive Director

May 19, 2010

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Durable Medical Equipment (DME) Services Updates

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Social Security Act (42 USC § 1396a(a)(13)) to provide for changes to the Durable Medical Equipment (DME) Services Updates.

Pursuant to Chapter 874 of the 2010 Acts of Assembly, Items 297 UUU and WWW, the reimbursement for durable medical equipment is modified as follows:

a. Reduce reimbursement for DME that has a Durable Medical Equipment Regional Carrier (DMERC) rate from 100% of Medicare reimbursement to 90% of the Medicare level.

b. Reduce fee schedule rates for DME and supplies by category-specific amounts as recommended in the November 1, 2009, Report on Durable Medical Equipment Reimbursement to the Senate Finance and House Appropriations Committees. The DMAS shall also modify the pricing of incontinence supplies from case to item, which is the industry standard.

c. Establish rates for additional procedure codes where benchmark rates are available.

d. Reimburse at cost plus 30% for any item not on the fee schedule. Cost shall be no more than the net manufacturer's charge to the provider, less shipping and handling.

e. Determine alternate pricing for any code that does not have a rate.

f. Limit service day reimbursement to intravenous and oxygen therapy equipment.

g. Modify the limit on incontinence supplies prior to requiring prior authorization.

DMAS is making these changes in response to specific directives received from the Virginia General Assembly. The annual aggregate decrease in expenditures for FY 2011 is expected to be $6,679,509 ($3,832,075 for the proposed rate changes; $2,847,434 for the diaper limit proposed change). The specific regulatory changes will be published in the Virginia Register of Regulations (http://register.dls.virginia.gov/issfiles.htm), and posted on the Virginia Regulatory Town Hall (www.townhall.virginia.gov) under the Secretary of Health and Human Resources' list for DMAS.

Comments may be directed to Elizabeth Flaherty, R.N., Healthcare Compliance Specialist, Division of Long Term Care, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219.

DMAS is submitting an emergency regulation, pursuant to § 2.2-4011 of the Code of Virginia, to the Governor for approval. Pending the Governor's approval of the emergency regulation, DMAS will provide copies of said emergency regulations to all requesters, along with proposed provider-specific reimbursement rates. Please forward your written request to the Regulatory Coordinator, DMAS, 600 East Broad Street, Richmond, VA, 23219. Further information is also available at www.townhall.virginia.gov.

Contact Information: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 E. Broad St., Suite 1300, Richmond, VA 23219, telephone [phone], FAX [phone], TDD [phone], or email [e-mail].

SAFETY AND HEALTH CODES BOARD

Notice of Periodic Review

16VAC25-145, Safety Standards for Fall Protection in Steel Erection, Construction Industry.

Pursuant to Executive Order 107 (2009), the Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board (board) will review the regulation entitled Safety Standards for Fall Protection in Steel Erection, Construction Industry (16VAC25-145). 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 107 (2009). The purpose of this regulation is to provide protection for steel erection workers from falls at or above 10 feet. (See § 40.1-22 of the Code of Virginia.) 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 the construction 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 June 29, 2010. Comments may be posted online on the Virginia Regulatory Townhall website: http://townhall.virginia.gov.

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

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

Notice of Periodic Review

16VAC25-155, Virginia Construction Industry General Requirements for Clearances, Construction of Electric Transmission and Distribution Lines and Equipment.

Pursuant to Executive Order 107 (2009), the Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board (board) will review the regulation entitled Virginia Construction Industry General Requirements for Clearances, Construction of Electric Transmission and Distribution Lines and Equipment (16VAC25-155). 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 107 (2009). The purpose of this regulation is to provide safety protections for construction electrical transmission workers equivalent to those already afforded general industry electrical transmission workers. (See § 40.1-22 of the Code of Virginia.) 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 June 29, 2010. Comments may be posted online on the Virginia Regulatory Townhall website: http://townhall.virginia.gov. Each commentator should include his or her full name and mailing address.

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

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed

Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table may be accessed on the Virginia Register Online webpage 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.