Virginia Register Of Regulations Vol. 3 Iss. 1

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OF REGULATIONS1-GVOLUME THREE ISSUE ONEOctober 13,,.'I,,'

INFORMATION ABOUT THE VIRGINIA REGISTER OF REGULATIONSVIRGINIA REGISTERThe Virginia Register is an official state publicationissued every other week throughout the year. Indexes arepublished quarterly, and the last index of the year iscumulative.The Virginia Register has several functions. The fulltext of all regulations, both as proposed and as finallyadopted or changed by amendment are required by law tobe published in the Virginia Register of Regulations.In addition, the Virginia Register is a source of otherinformation about state government, including allEmergency Regulations issued by the Governor, andExecutive Orders, the Virginia Tax Bulletin issued monthlyby the Department of Taxation, and notices of all publichearings and open meetings of state agencies.require the agency to solicit additional public comment onthe substantial changes.A regulation becomes effective at the conclusion ofthis thirty-day final adoption period, or at any other laterdate specified by the promulgating agency, unless (i) alegislative objection has been filed, in which event theregulation, unless withdrawn, becomes effective on thedate specified, which shall be after the expiration of thetwenty-one day extension period; or (ii) the Governorexercises his authority to suspend the regulatory processfor solicitation of additional public comment, in whichevent the regulation, unless withdrawn, becomes effectiveon the date specified which date shall be after theexpiration of the period for which the Governor hassuspended the regulatory process.Proposed action on regulations may be withdrawn bythe promulgating agency at any time before final action istaken.ADOPTION, AMENDMENT, AND REPEALOF REGULATIONSEMERGENCY REGULATIONSAn agency wishing to adopt, amend, or repealregulations must first publish in the Virginia Register anotice of proposed action; a basis, purpose, impact andsummary statement; a notice giving the public anopportunity to comment on the proposal, and the text ofthe proposed regulations.Under the provisions of the Administrative ProcessAct, the Registrar has the right to publish a summary,rather than the full text, of a regulation which isconsidered to be too lengthy. In such case, the full text ofthe regulation will be available for public inspection at theoffice of the Registrar and at the office of thepromulgating agency.Following .publication of the proposal in the VirginiaRegister, sixty days must elapse before the agency maytake action on the proposal.During this time, the Governor and the GeneralAssembly will review the proposed regulations. TheGovernor will transmit his comments on the regulations tothe Registrar and the agency and such commep.ts will bepublished in the Virginia Register.Upon receipt of the Governor's comment on aproposed regulation, the agency (i) may adopt theproposed regulation, if the Governor has no objection tothe regulation; (ii) may modify and adopt the proposedregulation after considering and incorporating theGovernor's suggestions, or (iii) may adopt the regulationwithout changes despite the Governor's recommendationsfor change.The appropriate standing committee of each branch ofthe General Assembly may meet during the promulgationor final adoption process and file an objection with theVirginia Registrar and the promulgating agency. Theobjection will be published in the Virginia Register. Withintwenty-one days after receipt by the agency of alegislative objection, the agency shall file a response withthe Registrar, the objecting legislative Committee, and theGovernorWhen final action is taken, the promulgating agencymust again publish the text of the regulation, as adopted,highlighting and explaining any substantial changes in thefinal regulation. A thirty-day final adoption period willcommence' upon publication in the Virginia Register.The Governor will review the final regulation during; this tim:e and if he objects, forward his objection to theRegistrar and the agency. His objection will be publishedin the Virginia Register. If the Governor finds thatchanges made to the ·proposed regulation are substantial,he may suspend the regulatory process for thirty days andIf an agency determines that an emergency situationexists, it then requests the Governor to issue anemergency regulation. The emergency regulation becomesoperative upon its adoption and filing with the Registrar ofRegulations, unless a later date is specified. Emergencyregulations are limited in time and cannot exceed atwelve-months duration. The emergency regulations will bepublished as quickly as possible in the Virginia Register.During the time the emergency status is in effect, theagency may proceed with· the adoption of permanentregulations through the usual procedures (See "Adoption,Amendment, and Repeal of Regulations," above). If theagency does not choose to adopt the regulations, theemergency status ends when the prescribed time limitexpires.STATEMENTThe foregoing constitutes a generalized statement ofthe procedures to be followed. For specific statutorylanguage, it is suggested that Article 2 of Chapter 1.1:1 (§§9-6.14:6through9-6.14:9)examined carefully.oftheCodeofVirginiabe·CITATION TO THE VIRGINIA REGISTERThe Virginia Register is cited by volume, issue, pagenumber, and date. 1:3 '· VA.R. 75-77 November 12, 1984refers to Volume 1, Issue 3, pages 75 through 77 of theVirginia Register issued on November 12, 1984.!ka!l.l! 2! Ruulatlou. Published bl·week1y, with an Indexpubllshed quarterly bY the Commonwealth ot VIrginia, VIrginia CodeCom.rntssion, P.O. Box 3-AG, Rlcbmond, Virginia 23208, pursuant to Article 7·ot Chapter 1.1:1 (§ 9-6.14:2 et seq.) of the Code of Virginia. Subscriptions 85 per year, postpaid to points In the u.s., 3rd.OIUIS postage paid atRIChmond, VIrginia and Individual copies 4 eacb. Direct an maU toRegistrar ot Regulations, P.O. Box 3-AG, Richmond, VIrginia 23208,.Telephone (804) 786-3591.Members Q! .lJl! Y!J:B!D.!! Commission: Theodore V. MorriJoo, Jr.ClJaltma1l, Delegate; Dudley 1. Emick, Jr,. Vice Cbalnnan Senator; A. LPhilpott, Speaker of the House of Delegates; James P. Jones, Senator;RIIINU M. cameaJ. Circuit Judge; John Wingo Knowles, Retired CircuitJudge; D. Laae KDHdler, Cblet Deputy Attorney General; John A. Banks,. Jr. Secretaly, Director of the Division of Legislative Services.§.f!tt !.!! tbe Joaa w. Smith, Registrar of Regulations;Aaa M. Brown, AssJstant Registrar of Regulations.

VIRGINIA REGISTER OF REGULATIONSPUBLICATION DEADLIN,§:S AND SCHEDULESMATERIAL SUBMITTED BY12 noon WednesdayPUBLICATION 9Final Index - Volume IIOct.Oct.10Nov.248Dec.Dec.1821630132710Sept. 24Oct.8Oct. 22Nov.5Nov. .2Jan.Jan.Feb.Feb.1731142822 .Index-1st Issue, Volume Apr.MayMay- 2nd 203JuneJulyJulyJulyAug.Aug.Sept.1711529122693rd Issue620317311428Final Index - Volume Ill

TABLE OF CONTENTSPROPOSED REGULATIONSSTATE EDUCATION ASSISTANCE AUTHORITYCOMMISSION OF GAME AND INLANDFISHERIESRegulations Governing the Virginia GuaranteedStudent Loan Program and PLUS Loan Program.(VR 275-01-1) .In General. (VR 325-01-1) .3Fishing Generally. (VR 325-03-1) . . .3Trout Fishing. (VR 325-03-2) .551MARINE RESOUI!-CES COMMISSIONPatent Tong Restrictions. (VR 450-01-8506) .56DEPARTMENT OF WASTE MANAGEMENTVIRGINIA HOUSING DEVELOPMENTAUTHORITYProcedures, Instructions and Guidelines lor SingleFamily Mortgage Loans to Persons of Low andModerate Income. (VR 400-02-0003) . .Regulations Governing the Transportation ofHazardous Materials. (VR 421-30-1) .657STATE CORPORATION COMMISSIONCASE NO. PUC860017FINAL REGULATIONSRules to Implement the Small Investor-ownedTelephone Utility Act. .60BOARD OF AGRICULTURE AND CONSUMERSERVICESGOVERNORHealth Requirements .Governing the Admission ofLivestock, Poultry, Companion Animals, and. OtherAnimals or Birds into VIrginia. (VR 115-02-12) .20EXECUTIVE ORDERRules and Regulations lor the Enforcement of theVirginia Seed Law. (VR 115-04-09) . .26Executive Order Number Twenty-live (86).Continuing Certain Executive Orders Necessary lorthe E!!lclent Administration ot State Government.GOVERNOR'S COMMENTSVIRGINIA ALCOHOLIC BEVERAGE CONTROLBOARDAdvertising. (VR 125-01-2).-. .VIRGINIA ALCOHOLIC BEVERAGE CONTROLBOAR!)35Tied-House. (VR 125-01-3)36Requirements lor Product Approval. (VR 125-01-4) . .39Retail Operations. (VR 125-01-5) . .40Manufacturers and Wholesalers Operators. (VR125-01-6) . .42Retail Operations. (VR 125-01-5)Other Provisions. (VR 125-0I-7) .: . .42Manufacturers'125-01-6)Advertising. (VR 125-01-2)Tied-House. (VR 125-01-3)Requirements lor Product Approval. (VR 125-01-4)an !WholesalersOther Provisions. (VR 125-01-7)DEPARTMENT OF COMMERCERules and Regulations Governing EmploymentAgencies, (VR 190-01-1) .68Operators.(VR; -' n n n n · ""6843Vol. 3, Issue IMonday, October I3, I986I

Table of ContentsDEPARTMENT OF CORRECTIONSSTATE WATER CONTROL BOARDStandards for Post-Dispositional Confinement forSecure Detention and Court Service Units. (VR230·40·003) oke River Basin Water Quality ManagementPlan. (VR 68o-I6·02) . .7068GENERAL NOTICES/ERRATABOARD OF EDUCATIONRegulations Governing Pupil Transportation IncludingMinimum Standards for School Buses in Virginia.(VR 270·01-0006) . .NOTICES OF INTENDED REGULATORY ACTIONNotices of Intent . .6871GENERAL NOTICESSTATE COUNCIL OF HIGHER EDUCATION FORVIRGINIARegulations for the Senior Citizen Higher EducationProgram. (VR 380·01-01) . .Virginia Department of Labor and IndustryConfined Space Standard . .6873NOTICE TO STATE AGENCIESDEPARTMENT OF SOCIAL SERVICESStandards and Regulations for Agency ApprovedProviders. (VR 615-50·1) . .Posting of Security Bond or Guarantee. (VR615-70-7) ··Forms for filing material on date for publication Inthe Virginia Register of Regulations . .69ERRATA69Department of Agriculture and Consumer ServicesRules and Regulations Governing the Production,Processing and Sale of Grade "A" PasteurizedMarket Milk and Grade "A" Pasteurized MarketMilk Products and Certain Milk Products. (VR115-05·01) DEPARTMENT OF TAXATIONVirginia Taxable Income (Individual Income Tax).(VR 630·2·322) .69Virginia Taxable Income (Corporation Income Tax).(VR 630-3·402) . .69Taxable Income of Nonresidents (Individual IncomeTax). (VR 630·2·325) . .69Credit for Income Taxes Paid to Another State(Individual Income Tax). (VR 630·2·332) . .69Foreigu Sales Corporations (Corporation IncomeTax). (VR 630·3-466.1) . .70Advertising (Retail Sales and Use Tax). (VR630·10·3) ··70Catalogs and Other Printed Materials (Retail Salesand Use Tax). (VR 630·10·18.1) . .70Printing (Retail Sales and Use Tax). (VR 630-10-86)707474Department of Motor VehiclesRegulations Governing Grants to be Made Pursuantto the Virginia Alcohol Fuel Production IncentiveProgram Fund. (VR 485-30-8601) . .74CALENDAR OF EVENTSEXECUTIVEOpen Meetings and Public Hearings76LEGISLATIVEOpen Meetings and Public Hearings91CHRONOLOGICAL LISTCommon Carriers of Property or Passengers byRailway (Retail Sales and Use Tax). (VR630-1 0·24.4) inia Cattle Assessment. (VR 630-28-796.13 throughVR 630·28-796.27) . .70Open Meetings . .Public Hearings . ,. .Virginia Register of Regulations29394

PROPOSED REGULATIONSFor informaUon concerning ProPosed Regulations, see information page.Symbol KeyRoman type indicates existing text of regulations. Italic type indicates proposed new text. Language which hasbeen stricken indicates proposed text for deletion.COMMISSION OF GAME AND INLAND FISHERIESwaters of this Commonwealth and rockfish or striped basswhere found above tidewaters or in streams which areblocked !rom access !rom tidewaters by dams.NOTE: The Commission ol Game and Inland Fisheries isexempted !rom the Administrative Process Act, (§ 9·6.14:4ol the Code ol Virginia); however, it is required by §9·6.14:22 to publish all proposed and final regulations.These regulations are numbered to conform to the newclassilication system established by the Virginia CodeCommission.* * * * * "' * *Title Qf Regulation: VR 325·03·1. Fishing Generally.Statutory Authoritv: §§ 29·125, 29·126 and 29·127 of theCode of Virginia.PUBLIC HEARING NOTICE: The Commission ol Gameand Inland Fisheries has ordered to be published, pursuantto §§ 29·125, 29·126 and 29·127 ol the Code ol Virginia, thefollowing proposed amended Commission regulationsapplicable Statewide. A public hearing on the advisabilityof adopting or amending and adopting, the proposedregulations, or any part thereof, will be held at theHoliday Inn,1424N.Main Street,Marion,E!lective Date: January I, 1987VR 325·03-1. Fishing Generally.§ 2. Creel limits.Virginia,The creel limits lor the various species ol fish shall beas follows:beginning at 9:30 a.m. on Friday, October 24, 1986, atwhich time any interested citizen present shall be heard.II the Commission is satisfied that the proposedregulations, or any part thereof, are advisable, in the formin which published or as amended as a result ol thepublic hearing, the Commission may adopt such proposalsat that time, acting upon the proposals separately or inblock.1. Largemouth, smallmouth and spotted bass, elgl ! fivea day in the aggregate;2. Landlocked striped bass and landlocked striped bassX hybrids, in the aggregate, lour a day; except, thatin Smith Mountain Reservoir and its tributaries,including the Roanoke River upstream to NiagaraDam, the limit shall be two a day in the aggregate.Summary:3. White bass, no limit, except thatReservoir the limit shall be 25;Summaries are not provided since, in most instances,the summary would be as long or longer than the fulltext.in Gaston4. Walleye or yellow pike perch and chain pickerel orjack fish, eight a day ol each, provided that 10 walleyea day may be taken !rom South Holston Reservoirbelow lull pool elevation o 1730;Title Qf Regulation: VR 325·01-1. In General.Statutory Authority: §§ 29·125, 29·126 and 29·127 of theCode ol Virginia.5. Northern pike and muskellunge, two a day;Ellective Date: January 1, 19876. Sauger, no limit, provided that only 15 a day maybe taken from South Holston Reservoir below full poolelevation of 1730;VR 325·01·1. In General.Amend § 4 to delete "grayling" and "lake trout" !romthe definition of "game fish."7. Bl.uegill (bream) and other sunfish, includingcrappie or silver perch and rock bass or redeye, nolimit.§ Definitions -"Game fish."§ 3. Size limit."Game fish" as mentioned in commtsswn regulationsmeans and includes trout (including all salmonidae),gmyllag, all of the sunlish family (including largemouthbass, smallmouth bass and spotted bass, rock bass, bream,bluegill and crappie), walleye or pike perch, white bass,chain Pickerel, or jackfish, muskellunge ; and northernpike an& lake , wherever such fish are found in theExcept as provided in this regulation and VR 325·03·2,§§ 5, !1, 12 and 13, there shall be no size limit on anyspecies ol !ish.I. There shall ,h:ewe':eP, be a 26-inch minimum sizeVol. 3, Issue IMonday, October I3, I9863

Proposed Regulations7. It shall be unlawful to have any smallmouth,largemouth or spotted bass from 11 to 14 inches inlength, both inclusive, in one's possession on theShenadoah River, including the North and South Forksdownstream from the Route 42 bridge on the NorthFork and from the confluence of the North and SouthRivers on the South Fork below Port Republic; on theNew River from Claytor Dam to the West Virginiaboundary line; or on the James River from theconfluence of the Jackson and Cowpasture Riversdownstream.limit on muskellunge, a 20-inch minimum size limit onnorthern pike and a 20-inch minimum size limit onlandlocked striped bass (rockfish) and a 15-inchminimum size limit on landlocked striped bass X whitebass hybrids.2. There shall be a 14-inch mm1mum size limit onlargemouth, smallmouth and spotted bass in OccoquanReservoir from the reservoir dam upstream to theLake Jackson Dam on Occoquan Creek and upstreamto the Yates Ford Bridge (Route 612) on Bull RunCreek. It shall be unlawful to have any such bass lessthan 14 inches in length in one's possession on theabove described waters of this reservoir.§ 3. Size limit. (ALTERNATE PROPOSAL)Except as provided in this regulation and VR 325·03·2,§§ 5, 11, 12, and 13, there shall be no size limit on any3. AlS&; There shall be a 12-inch minimum size limiton largemouth, smallmouth and spotted bass Ia !heFeffi SheHaREieaa RlYef Elewnstream Ratite42. I PiEige at Timef8ille aRtl !he SkeHaEiea& RlYefl el&w !he Ri,eften Bam Ia !he West iPgiRiabeUREIBJY iiBe aRtl !he New RlYef 8ftyler !lamIa !he West Virginia IJeunEiafY liDe-; aRtl in the amClaytor,Philpott,(LoudounCounty)species of fish.I. There shall , h:ewever, be a 26-inch minimum sizelimit on muskellunge, a 20-inch minimum size limit onnorthern pike and a 20-inch minimum size limit onlandlocked striped bass (rockfish) and a 15-inchminimum size limit on landlocked striped bass Xwhite bass hybrids.Reservoirs, and in Lake Moomaw (Gathright Project),and in the waters of Fort A.P. Hill, and in the watersof Quantico Marine Reservation. It shall be unlawfulto have any largemouth, smallmouth or spotted bassless than 12 inches in length in one's possession whileon any of the waters mentioned in the preceding2. There shall be a 14-inch minimum size limit onlargemouth, smallmouth and spotted bass in OccoquanReservoir from the reservoir dam upstream to theLake Jackson Dam on Occoquan Creek and upsteamto the Yates Ford Bridge (Route 612) on Bull RunCreek. It shall be unlawful to have any such bass lessthan 14 inches in length in one's possession on theabove described waters of this reservoir.sentence.4. There shall be a 14-inch m1mmum size limit onlargemouth, smallmouth and spotted bass on theRoanoke (Staunton) and Dan Rivers and theirtributaries and impoundments (Gaston, John Kerr,Leesville and Smith Mountain Reservoirs) downstreamfrom Niagara Dam on the Roanoke River and theBrantly Steam Plant Dam on the Dan River; except,that as

The Virginia Register is cited by volume, issue, page number, and date. 1:3 '· VA.R. 75-77 November 12, 1984 refers to Volume 1, Issue 3, pages 75 through 77 of the Virginia Register issued on November 12, 1984. !ka!l.l! 2! Ruulatlou. Published bl·week1y, with an Index

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