WSR 97-03-064

PERMANENT RULES

DEPARTMENT OF TRANSPORTATION

[Order 167--Filed January 13, 1997, 3:19 p.m.]

Date of Adoption: January 13, 1997.

Purpose: To ensure the proper training, registration, conduct and management of aerial search and rescue.

Citation of Existing Rules Affected by this Order: Amending WAC 468-200-080, 468-200-160, and 468-200-350.

Statutory Authority for Adoption: Chapter 47.68 RCW.

Adopted under notice filed as WSR 97-01-075 on December 17, 1996.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 3, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 3, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 3, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

January 13, 1997

S. A. Moon

Deputy Secretary

for Operations

AMENDATORY SECTION (Amending Order 160, filed 1/3/96, effective 2/3/96)

WAC 468-200-080 Registration. Registration is a prerequisite for emergency workers involved in the conduct of air search & rescue/disaster relief missions conducted under the authority of this chapter or chapter 47.68 RCW.

(1) Aircraft pilots and observers shall register with the aviation division by completing and filing a form as designated by the aviation division.

(2) Main base support personnel, assigned and working at the aviation division designated incident command post must also be registered with the aviation division.

(3) Ground personnel engaging in search and rescue field activities in remote or isolated locations must be registered emergency workers having complied with the registration requirements of chapter 38.52 RCW and chapter 118-04 WAC.

(4) The information provided during registration may be used by authorized officials to conduct criminal history, flying record, driving record, and background checks.

(5) Failure to truthfully respond to statements set forth on the registration form may result in the denial of registration or revocation of registration.

(6) Registration required under chapter 47.68 RCW and this chapter shall be ((at the discretion of)) accomplished by the aviation division on a form supplied or approved by the aviation division. Registration shall be completed upon the successful completion of the required training program as approved by the aviation division.

(a) An employee of the state or of a political subdivision of the state who is required to perform emergency duties as a normal part of their job shall not be required to register.

(b) When such individuals are outside the jurisdiction of their employment during a disaster, emergency, mission or incident, except when acting under the provisions of a mutual aid agreement, they should report to the on-scene authorized official and announce their capabilities and willingness to serve as a volunteer during the emergency or disaster. The on-scene authorized official shall register the individual as a temporary worker.

(c) Employees of the National Park Service, U.S. Forest Service, Bureau of Land Management performing their normal assigned duties in jurisdictions under their control shall not be required to register.

(d) Members of active duty, reserve, or National Guard components of the Department of Defense performing duties while in a "paid duty" status shall not be required to register.

(e) Members of active duty or reserve components of the U.S. Coast Guard performing duties while in a "paid duty" status shall not be required to register.

(f) Temporary registration may be authorized in those emergency situations requiring immediate or on-scene recruiting of volunteers to assist in time-critical or life threatening situations.

[Statutory Authority: Chapter 47.68 RCW. 96-02-067 (Order 160), 468-200-080, filed 1/3/96, effective 2/3/96.]

AMENDATORY SECTION (Amending Order 160, filed 1/3/96, effective 2/3/96)

WAC 468-200-160 Establishment of state standards. ((When appropriate)) Additional state standards may be established for classes of individual emergency workers involved in air search and rescue and air responses to disaster situations. Upon establishment of ((a)) any such state standards, training programs within the state shall, at a minimum, comply with ((that)) these standards.

[Statutory Authority: Chapter 47.68 RCW. 96-02-067 (Order 160), 468-200-160, filed 1/3/96, effective 2/3/96.]

AMENDATORY SECTION (Amending Order 160, filed 1/3/96, effective 2/3/96)

WAC 468-200-350 Appeal procedure. Any individual who or organization which feels that the provisions of this chapter have not been fairly or equitably administered may appeal, in writing, to the director of aviation. The director will review the complaint and respond within thirty days. Appeals generally will be limited to training, certification, and registration matters. Due to the nature of emergency response the decision of the appointed incident commander on any emergency response mission shall be final. Organizations and individuals may seek a meeting with the director of aviation after the incident for future review and clarification.

[Statutory Authority: Chapter 47.68 RCW. 96-02-067 (Order 160), 468-200-350, filed 1/3/96, effective 2/3/96.]

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