Virginia Regulatory Town Hall
Department of Professional and Occupational Regulation
Board for Branch Pilots

General Notice
Board for Branch Pilots Regulatory Review Committee Meeting Minutes
Date Posted: 1/5/2022
Expiration Date: 12/31/2032
Submitted to Registrar for publication: YES
No comment forum defined for this notice.





The Virginia Board for Branch Pilots Regulatory Review Committee met on Friday, December 10, 2021, at the Virginia Port Authority, 600 World Trade Center, Norfolk, Virginia, with the following members present:



Aaron Anseeuw

Captain E. Waightstill Avery

Michael W. Coleman

Captain January N. Collins



Staff present for all or part of the meeting were:


Mary Broz-Vaughan, Director

Tom Payne, Deputy Director

Kathleen R. Nosbisch, Executive Director

Amy Goobic, Executive Assistant


Elizabeth Peay was present from the Office of the Attorney General.


Members of the Audience included:  Captain J.W. Whiting Chisman, III, and Mark Coberly, Manager, Maritime Law Department, Representative from Vandeventer Black.


The meeting was called to order at 12:00 p.m.

Call to Order



There were no public comments.


Public Comment Period



The floor was opened for nominations for Chair.  Captain Avery nominated Mr. Coleman as Chair. Captain Collins seconded the motion.  Mr. Coleman accepted the nomination.  There were no additional nominations for Chair.  There being none, the floor was closed for nominations.  The motion was unanimously approved by: Messrs., Mme. and Captains: Anseeuw, Avery, Coleman, and Collins.  By acclamation, Mr. Coleman was name Chair.

Election of Chair




Ms. Broz-Vaughan informed the Committee that Board regulations are required to have a ‘Periodic Review’ every four years.  The Board for Branch Pilots last conducted periodic review in 2019, with the Board voting to take no action (“retain as is”).  Ms. Broz-Vaughan further stated that there have been no changes to the regulations, other than ‘exempt actions,’ since 2012. The Board formed this Committee at its last meeting to initiate a comprehensive regulatory review through the standard, three-stage process.

Mr. Coleman indicated he had concerns with the changes in regulatory language required by SB 1406, related to misdemeanor marijuana-related convictions, and that the Virginia Regulatory Town Hall website indicated “Board Action” in the heading when no vote was taken by the Board.  Ms. Broz-Vaughan stated that she would confer with the Registrar’s office to determine the appropriate course of action.

The Committee requested DPOR and the Attorney General’s Office to provide information, including Virginia Code references, that requires action from the Board to amend regulations to comply with changes to marijuana related offenses, and specifically what changes are required, and to advise of any exceptions.   In addition, the Committee requested clarification if out-of-state marijuana related misdemeanor convictions can be considered; if the law specifically requires the Board to ignore any and all misdemeanor marijuana related drug charges in issuance of a license; and to advise of any conflicts it may pose with federal law and pilot licensing.  Lastly, the Committee discussed and requested to receive clarification about the Board’s four-year periodic review as required by law or executive order and this regulatory review process.

The Committee determined that the exempt action changes made to the regulations effective December 1, 2021, were invalid as they were not voted on by the Board. There is no provision in the law that initiated these changes automatically. The Committee requested information be sent to the Board regarding the disposition, and which set of regulations are currently effective.

Ms. Nosbisch stated that the Committee should meet again prior to the March 15, 2022, Board meeting.  A tentative date of February 17, 2022, was set.

Regulatory Review






The meeting adjourned at 12:15 p.m.



Contact Information
Name / Title: Kathleen R. Nosbisch  / Board Executive Director
Address: 9960 Mayland Drive
Suite 400
Richmond, 23233
Email Address:
Telephone: (804)367-8514    FAX: (866)465-6206    TDD: ()-