2y ago
663.43 KB
55 Pages
Last View : 1m ago
Last Download : 1y ago
Upload by : Ophelia Arruda

VOL. 28 ISS. 20VOLPUBLISHED EVERY OTHER WEEK BY THE VIRGINIA CODE COMMISSIONJUNE 4, 2012TABLE OF CONTENTSRegister Information Page . 1569Publication Schedule and Deadlines . 1570Regulations . 15711VAC20-60. Election Administration (Final) . 15714VAC25-90. Regulations Governing the Use of Diesel-Powered Equipment in Underground Coal Mines (Fast-Track) . 15714VAC25-145. Regulations on the Eligibility of Certain Mining Operators to Perform Reclamation Projects (Fast-Track) . 157310VAC5-50. Industrial Loan Associations (Final) . 157510VAC5-60. Consumer Finance Companies (Final) . 157510VAC5-80. Real Estate Settlement Agent Rules (Final) . 157510VAC5-110. Credit Counseling (Final) . 157510VAC5-120. Money Order Sellers and Money Transmitters (Final) . 157510VAC5-130. Virginia Financial Institution Holding Companies (Final) . 157510VAC5-161. Mortgage Loan Originators (Proposed) . 157910VAC5-190. Common Trust Funds (Final) . 158410VAC5-200. Payday Lending (Final) . 158412VAC30-120. Waivered Services (Final) . 159513VAC6-20. Manufactured Housing Licensing and Transaction Recovery Fund Regulations (Final) . 160419VAC30-20. Motor Carrier Safety Regulations (Final) . 161423VAC10-70. Virginia Slaughter Hog and Feeder Pig Excise Tax Regulations (Final) . 1615General Notices/Errata . 1616Virginia Code Commissionhttp://register.dls.virginia.govTHE VIRGINIA REGISTER OF REGULATIONS (USPS 001-831) is published biweekly by Matthew Bender & Company, Inc.,1275 Broadway, Albany, NY 12204-2694 for 209.00 per year. Periodical postage is paid in Albany, NY and at additional mailing offices.POSTMASTER: Send address changes to The Virginia Register of Regulations, 136 Carlin Road, Conklin, NY 13748-1531.

THE VIRGINIA REGISTER INFORMATION PAGEREGISTER INFORMATION PAGETHE VIRGINIA REGISTER OF REGULATIONS is an official statepublication issued every other week throughout the year. Indexes arepublished quarterly, and are cumulative for the year. The VirginiaRegister has several functions. The new and amended sections ofregulations, both as proposed and as finally adopted, are required by lawto be published in the Virginia Register. In addition, the VirginiaRegister is a source of other information about state government,including petitions for rulemaking, emergency regulations, executiveorders issued by the Governor, and notices of public hearings onregulations.ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONSAn agency wishing to adopt, amend, or repeal regulations must firstpublish in the Virginia Register a notice of intended regulatory action; abasis, purpose, substance and issues statement; an economic impactanalysis prepared by the Department of Planning and Budget; theagency’s response to the economic impact analysis; a summary; a noticegiving the public an opportunity to comment on the proposal; and thetext of the proposed regulation.Following publication of the proposal in the Virginia Register, thepromulgating agency receives public comments for a minimum of 60days. The Governor reviews the proposed regulation to determine if it isnecessary to protect the public health, safety and welfare, and if it isclearly written and easily understandable. If the Governor chooses tocomment on the proposed regulation, his comments must be transmittedto the agency and the Registrar no later than 15 days following thecompletion of the 60-day public comment period. The Governor’scomments, if any, will be published in the Virginia Register. Not lessthan 15 days following the completion of the 60-day public commentperiod, the agency may adopt the proposed regulation.The Joint Commission on Administrative Rules (JCAR) or theappropriate standing committee of each house of the General Assemblymay meet during the promulgation or final adoption process and file anobjection with the Registrar and the promulgating agency. The objectionwill be published in the Virginia Register. Within 21 days after receiptby the agency of a legislative objection, the agency shall file a responsewith the Registrar, the objecting legislative body, and the Governor.When final action is taken, the agency again publishes the text of theregulation as adopted, highlighting all changes made to the proposedregulation and explaining any substantial changes made sincepublication of the proposal. A 30-day final adoption period begins uponfinal publication in the Virginia Register.The Governor may review the final regulation during this time and, if heobjects, forward his objection to the Registrar and the agency. Inaddition to or in lieu of filing a formal objection, the Governor maysuspend the effective date of a portion or all of a regulation until the endof the next regular General Assembly session by issuing a directivesigned by a majority of the members of the appropriate legislative bodyand the Governor. The Governor’s objection or suspension of theregulation, or both, will be published in the Virginia Register. If theGovernor finds that changes made to the proposed regulation havesubstantial impact, he may require the agency to provide an additional30-day public comment period on the changes. Notice of the additionalpublic comment period required by the Governor will be published in theVirginia Register.The agency shall suspend the regulatory process for 30 days when itreceives requests from 25 or more individuals to solicit additional publiccomment, unless the agency determines that the changes have minor orinconsequential impact.A regulation becomes effective at the conclusion of the 30-day finaladoption period, or at any other later date specified by the promulgatingagency, unless (i) a legislative objection has been filed, in which eventthe regulation, unless withdrawn, becomes effective on the datespecified, which shall be after the expiration of the 21-day objectionperiod; (ii) the Governor exercises his authority to require the agency toprovide for additional public comment, in which event the regulation,Volume 28, Issue 20unless withdrawn, becomes effective on the date specified, which shallbe after the expiration of the period for which the Governor has providedfor additional public comment; (iii) the Governor and the GeneralAssembly exercise their authority to suspend the effective date of aregulation until the end of the next regular legislative session; or (iv) theagency suspends the regulatory process, in which event the regulation,unless withdrawn, becomes effective on the date specified, which shallbe after the expiration of the 30-day public comment period and noearlier than 15 days from publication of the readopted action.A regulatory action may be withdrawn by the promulgating agency atany time before the regulation becomes final.FAST-TRACK RULEMAKING PROCESSSection 2.2-4012.1 of the Code of Virginia provides an exemption fromcertain provisions of the Administrative Process Act for agencyregulations deemed by the Governor to be noncontroversial. To use thisprocess, Governor's concurrence is required and advance notice must beprovided to certain legislative committees. Fast-track regulations willbecome effective on the date noted in the regulatory action if noobjections to using the process are filed in accordance with § 2.2-4012.1.EMERGENCY REGULATIONSPursuant to § 2.2-4011 of the Code of Virginia, an agency, uponconsultation with the Attorney General, and at the discretion of theGovernor, may adopt emergency regulations that are necessitated by anemergency situation. An agency may also adopt an emergencyregulation when Virginia statutory law or the appropriation act or federallaw or federal regulation requires that a regulation be effective in 280days or less from its enactment. The emergency regulation becomesoperative upon its adoption and filing with the Registrar of Regulations,unless a later date is specified. Emergency regulations are limited to nomore than 12 months in duration; however, may be extended for sixmonths under certain circumstances as provided for in § 2.2-4011 D.Emergency regulations are published as soon as possible in the Register.During the time the emergency status is in effect, the agency mayproceed with the adoption of permanent regulations through the usualprocedures. To begin promulgating the replacement regulation, theagency must (i) file the Notice of Intended Regulatory Action with theRegistrar within 60 days of the effective date of the emergencyregulation and (ii) file the proposed regulation with the Registrar within180 days of the effective date of the emergency regulation. If the agencychooses not to adopt the regulations, the emergency status ends when theprescribed time limit expires.STATEMENTThe foregoing constitutes a generalized statement of the procedures to befollowed. For specific statutory language, it is suggested that Article 2(§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia beexamined carefully.CITATION TO THE VIRGINIA REGISTERThe Virginia Register is cited by volume, issue, page number, and date.28:2 VA.R. 47-141 September 26, 2011, refers to Volume 28, Issue 2,pages 47 through 141 of the Virginia Register issued onSeptember 26, 2011.The Virginia Register of Regulations is published pursuant to Article 6(§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.Members of the Virginia Code Commission: John S. Edwards,Chairman; Gregory D. Habeeb; James M. LeMunyon; Ryan T.McDougle; Robert L. Calhoun; E.M. Miller, Jr.; Thomas M.Moncure, Jr.; Wesley G. Russell, Jr.; Charles S. Sharp; Robert L.Tavenner; Patricia L. West; J. Jasen Eige or Jeffrey S. Palmore.Staff of the Virginia Register: Jane D. Chaffin, Registrar of Regulations;June T. Chandler, Assistant Registrar.Virginia Register of Regulations1569June 4, 2012

PUBLICATION SCHEDULE AND DEADLINESThis schedule is available on the Register's Internet home page (http://register.dls.virginia.gov).PUBLICATION SCHEDULE AND DEADLINESJune 2012 through July 2013Volume: IssueMaterial Submitted By Noon*Will Be Published On28:20May 16, 2012June 4, 201228:21May 30, 2012June 18, 201228:22June 13, 2012July 2, 201228:23June 27, 2012July 16, 201228:24July 11, 2012July 30, 201228:25July 25, 2012August 13, 201228:26August 8, 2012August 27, 201229:1August 22, 2012September 10, 201229:2September 5, 2012September 24, 201229:3September 19, 2012October 8, 201229:4October 3, 2012October 22, 201229:5October 17, 2012November 5, 201229:6October 31, 2012November 19, 201229:7November 13, 2012 (Tuesday)December 3, 201229:8November 28, 2012December 17, 201229:9December 11, 2012 (Tuesday)December 31, 201229:10December 26, 2012January 14, 201329:11January 9, 2013January 28, 201329:12January 23, 2013February 11, 201329:13February 6, 2013February 25, 201329:14February 20, 2013March 11, 201329:150March 6, 2013March 25, 201329:16March 20, 2013April 8, 201329:17April 3, 2013April 22, 201329:18April 17, 2013May 6, 201329:19May 1, 2013May 20, 201329:20May 15, 2013June 3, 201329:21May 29, 2013June 17, 201329:22June 12, 2013July 1, 201329:23June 26, 2013July 15, 201329:24July 10, 2013July 29, 2013*Filing deadlines are Wednesdays unless otherwise specified.Volume 28, Issue 20Virginia Register of Regulations1570June 4, 2012

REGULATIONSFor information concerning the different types of regulations, see the Information Page.Symbol KeyRoman type indicates existing text of regulations. Underscored language indicates proposed new text.Language that has been stricken indicates proposed text for deletion. Brackets are used in final regulations to indicate changes from theproposed regulation.REGULATIONSelectoral board or relinquishes control over the ballot to theUnited States Postal Service or other authorized carrier forreturning the ballot as required by law.TITLE 1. ADMINISTRATIONSTATE BOARD OF ELECTIONSVA.R. Doc. No. R12-3153; Filed May 10, 2012, 11:37 p.m.Final Regulation REGISTRAR'S NOTICE: The State Board of Elections isclaiming an exemption from the Administrative Process Actpursuant to § 2.2-4002 B 8 of the Code of Virginia, whichexempts agency action relating to the conduct of elections oreligibility to vote.Title of Regulation: 1VAC20-60. Election Administration(amending 1VAC20-60-40).Statutory Authority: § 24.2-103 of the Code of Virginia.Effective Date: Effective upon the filing of the notice of theU.S. Attorney General's preclearance with the Registrar ofRegulations.Agency Contact: Martha Brissette, Policy Analyst, StateBoard of Elections, 1100 Bank Street, Richmond, VA te@sbe.virginia.gov.Summary:This regulatory action defines when an absentee voter whovotes other than in person is considered to have cast hisballot.1VAC20-60-40. When ballot cast.A. A voter, voting in person on election day or votingabsentee in-person, has not voted until a permanent record ofthe voter's intent is preserved.B. A permanent record is preserved by a voter pressing thevote or cast button on a direct recording electronic machine,inserting an optical scan ballot into an electronic counter, orplacing a paper ballot in an official ballot container.C. A vote has not been cast by the voter unless and until thevoter or an officer of election or assistant at the direction ofand on behalf of the voter pursuant to § 24.2-649 of the Codeof Virginia completes these actions to preserve a permanentrecord of the vote.D. If any voter's ballot was not so cast by or at the directionof the voter, then the ballot cannot be cast by any officer ofelection or other person present.E. An absentee voter who votes other than in person shall bedeemed to have cast his ballot [ and voted ] at the moment hepersonally delivers the ballot to the general registrar orVolume 28, Issue –– TITLE 4. CONSERVATION AND NATURALRESOURCESDEPARTMENT OF MINES, MINERALS AND ENERGYFast-Track RegulationTitle of Regulation: 4VAC25-90. Regulations Governingthe Use of Diesel-Powered Equipment in UndergroundCoal Mines (amending 4VAC25-90-60).Statutory Authority: §§ 45.1-161.3, 45.1-161.106, and 45.1161.206 of the Code of Virginia.Public Hearing Information: No public hearings arescheduled.Public Comment Deadline: July 4, 2012.Effective Date: July 19, 2012.Agency Contact: Michael Skiffington, RegulatoryCoordinator, Department of Mines, Minerals and Energy,1100 Bank Street, 8th Floor, Richmond, VA 23219-3402,telephone (804) 692-3212, FAX (804) 692-3237, TTY (800)828-1120, or email mike.skiffington@dmme.virginia.gov.Basis: Sections 45.1-161.3 (4) and 45.1-161.106 A of theCode of Virginia authorize the Chief of the Department ofMines, Minerals and Energy's Division of Mines, inconsultation with the Coal Mine Safety Board, to promulgateregulations to ensure safe and healthy working conditions inunderground mines in the Commonwealth. Also, § 45.1161.206 of the Code of Virginia specifically directs the chiefto promulgate regulations necessary to govern the use ofdiesel powered equipment in underground coal mines.Purpose: The amended regulation is necessary to clarify thelanguage. It is also necessary to improve the efficiency of theapproval process. Tests conducted by the Mine Safety andHealth Administration are done in a closed, laboratoryenvironment and provide little assistance to the Chief of theDivision of Mines in determining whether to approveequipment. By streamlining the process by which dieselequipment is approved and tested to be used in undergroundVirginia Register of Regulations1571June 4, 2012

Regulationsmines, the safety of coal miners and the public at large will beenhanced.Rationale for Using Fast-Track Process: This rulemaking isexpected to be noncontroversial as it does not represent asubstantive change to the regulation. The amendments are toclarify language and enhance the existing process.Substance: One sentence is stricken for the sake of clarity.The phrase "based on MSHA approval data" is deletedbecause that data is produced in a closed environment anddoes not accurately reflect the real world conditionsunderground where diesel equipment is used.Issues: The primary advantages to this action are a clearlywritten regulation and a more efficient process by whichdiesel powered equipment is approved for use in undergroundmines in the Commonwealth. There are no disadvantages.Department of Planning and Budget's Economic ImpactAnalysis:Summary of the Proposed Amendments to Regulation. TheBoard of Mines, Minerals and Energy proposes to delete thelanguage requiring the use of the Mine Safety and HealthAdministrations engine approval data in establishing thebaseline of diesel exhaust emissions in underground coalmines.Result of Analysis. The benefits likely exceed the costs for allproposed changes.Estimated Economic Impact. These regulations establishemission testing and evaluation requirements for dieselengines used in underground coal mines.The proposed changes will delete the current languagerequiring the use of the Mine Safety and HealthAdministrations engine approval data in establishing thebaseline of diesel exhaust emissions in underground coalmines. This data is currently required to be used incombination with the average of the first four undilutedexhaust emission tests. With the proposed change, baselineemissions will be required to be based solely on the averageof the first four undiluted exhaust emission tests. Accordingto the Department of Mines, Minerals and Energy (DMME),the Mine Safety and Health Administrations data is not usedin practice to establish baseline emissions because it isproduced in a laboratory environment which does notaccurately reflect the real world conditions undergroundwhere diesel equipment is used. Since deletion of thislanguage will have no impact on the way baseline emissionsare currently established, no significant economic impact isexpected other than improving the clarity of the regulationsand possibly streamlining the approval process by eliminatingpotentially confusing language.Businesses and Entities Affected. These regulations apply toapproximately 36 operators of 65 underground coal mines in

TABLE OF CONTENTS Register Information Page . June 2012 through July 2013 Volume: Issue Material Submitted By Noon* Will Be Published On 28:20 May 16, 2012 June 4, 2012 28:21 May 30, 2012 June 18, 2012 28:22 June 13, 2012 July 2, 2012 28:23 June 27, 2012 July 16, 2012 28:24 July 11,

Related Documents:

Menschen Pagina 20 Schritte international Neu Pagina 22 Motive Pagina 24 Akademie Deutsch Pagina 25 Starten wir! Pagina 26 Themen aktuell Pagina 28 em neu Pagina 29 Sicher! Pagina 30 Vol A1 1 Vol A1 Vol 1 Vol 1 2 Vol unico Vol 1 Volume 1 Volume 1 Vol 1 Vol 1 1 Vol A1 2 Vol 2 Vol 1 2 Vol A2 1 Vol A2 Vol 3 Vol

Akenson, Donald Harman Vol 8: 10 Alan, Radous, at Agincourt Vol 12: 1 Albert, King Vol 7: 45, 47 Albert, Prince Vol 12: 17; Vol 14: 1 Alden, John Vol 5: 34; Vol 9: 18 Alexander III Vol 13: 24 Aleyn, John, at Agincourt Vol 12: 1 Allen, Pat Vol 10: 44 Alling Vol 4: 26 Amore, Shirley Vol 12: 3 Anderson, Robert Vol 10: 46 Anderson, Virginia DeJohn .

In June 2012, ISS-CSA replaced ISS-2010, which currently generates inspection recommendations and values in the ISS application used by roadside inspectors to identify and select carriers for inspection. This document has been updated to reflect the December 2012 release of Safety Measurement System changes; however the ISS-CSA has not changed.

J637 Advances in Dental Research 0895-9374 1544-0737 vol. 13 iss. 1 (1999) Current J518 Advances in Developing Human Resources 1523-4223 1552-3055 vol. 1 iss. 1 (1999) Current L243 Advances in Mechanical Engineering 1687-8140 1687-8140 vol. 1 iss. (2009) Current J850 Advances in methods and p

LRBI Checklist In-School Suspension (ISS) Level II 4 When a student’s misbehavior qualifies for ISS, follow these steps: Conduct in-school suspension.Conduct in-school suspension.Conduct in-school suspension. Arrange for students to work on class assignments while in ISS. Of

The first parts of the ISS wer e sent and assembled in orbit in 1998. Since the year 2000, the ISS has had cr ews living continuously on board. Building the ISS is like living in a house while constructing it at the same time. Building and sustaining the ISS requires 80 la - Sujeitos ao Anexo V sem retenção/substituição tributária de ISS, com ISS devido a outro(s) Município(s). 66 - Sujeitos ao A nexo V sem retenção/substituição tributária de ISS, com ISS devido ao

Conc Diagram- All Failures Cispa Data Avalon Date PCB Lot Number Igarashi TPS date codes. MB Panel Number VIAS Hole Location Failure 9-June'09 11-June'09 923 162 12-June'09 923 163,164 TBD TBD 1 13-June'09 923 164 15-June'09 923 166 16-June'09 923 167 17-June'09 923 168,171 18-June'09 923 171 19-June'09 923 171 20-June'09 923 171 22-June'09 923 173 23-June '09 923 179 24-June '09 923 .