WSR 15-23-104
EXPEDITED RULES
UTILITIES AND TRANSPORTATION
COMMISSION
[Docket A-151884—Filed November 18, 2015, 9:21 a.m.]
Title of Rule and Other Identifying Information: This rule making would revise adoption-by-reference dates in Title 480 WAC to incorporate the most recent version of adopted federal rules and other adopted publications.
Affected WAC chapters include chapters 480-14, 480-15, 480-30, 480-31, 480-62, 480-70, 480-75, 480-90, 480-93, 480-100, 480-107, 480-108, and 480-109 WAC.
Proposed Rule Changes
Adoption by Reference Date Changes and Other Changes
Docket A-151884
Chapter 480-14 WAC, Motor carriers excluding household goods carriers and common brokers.
Amend
480-14-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
Title 49 Code of Federal Regulations (C.F.R.), amends the effective date of adoption to October 6, 2015, for the following:
 
 
 
 
-
Part 171 - General Information, Regulations and Definitions - see Note 1.
 
 
 
 
-
Part 172 - Hazardous Materials Table, etc. - see Note 2.
 
 
 
 
-
Part 173 - Shippers General Requirements for Shipping and Packages - see Note 3.
Chapter 480-15 WAC, Household goods carriers.
Amend
480-15-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2015 – no significant changes - new edition of previously adopted reference.
 
 
 
Title 49 C.F.R., amends the effective date of adoption to October 6, 2015, for the following:
 
 
 
 
-
Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs - see Note 4.
 
 
 
 
-
Part 375 - Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations - see Note 5.
 
 
 
 
-
Part 379 - Preservation of Records - no changes since last adoption.
 
 
 
 
-
Part 380 - Special Training Requirements - no changes since last adoption.
 
 
 
 
-
Part 382 - Controlled Substance and Alcohol Use and Testing - no changes since last adoption.
 
 
 
 
-
Part 383 - Commercial Driver's License Standards; Requirements and Penalties - see Note 6.
 
 
 
 
-
Part 385 - Safety Fitness Procedures - see Note 7.
 
 
 
 
-
Part 390 - Safety Regulations, General - see Note 8.
 
 
 
 
-
Part 391 - Qualification of Drivers - see Note 9.
 
 
 
 
-
Part 392 - Driving of Commercial Motor Vehicles - see Note 10.
 
 
 
 
-
Part 393 - Parts and Accessories Necessary for Safe Operation - see Note 11.
 
 
 
 
-
Part 395 - Hours of Service of Drivers - no changes since last adoption.
 
 
 
 
-
Part 396 - Inspection, Repair and Maintenance - no changes since last adoption.
 
 
 
 
-
Part 397 - Transportation of Hazardous Materials - see Note 12.
Chapter 480-30 WAC, Auto transportation companies.
Amend
480-30-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2015 - no significant changes - new edition of previously adopted reference.
 
 
 
Title 49 C.F.R., amends the effective date of adoption to October 6, 2015, for the following:
 
 
 
 
-
Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs - see Note 4.
 
 
 
 
-
Part 375 - Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations - see Note 5.
 
 
 
 
-
Part 379 - Preservation of Records - no changes since last adoption.
 
 
 
 
-
Part 380 - Special Training Requirements - no changes since last adoption.
 
 
 
 
-
Part 382 - Controlled Substance and Alcohol Use and Testing - no changes since last adoption.
 
 
 
 
-
Part 383 - Commercial Driver's License Standards; Requirements and Penalties - see Note 6.
 
 
 
 
-
Part 385 - Safety Fitness Procedures - see Note 7.
 
 
 
 
-
Part 390 - Safety Regulations, General - see Note 8.
 
 
 
 
-
Part 391 - Qualification of Drivers - see Note 9.
 
 
 
 
-
Part 392 - Driving of Commercial Motor Vehicles - see Note 10.
 
 
 
 
-
Part 393 - Parts and Accessories Necessary for Safe Operation - see Note 11.
 
 
 
 
-
Part 395 - Hours of Service of Drivers - no changes since last adoption.
 
 
 
 
-
Part 396 - Inspection, Repair and Maintenance - no changes since last adoption.
 
 
 
 
-
Part 397 - Transportation of Hazardous Materials - see Note 12.
Chapter 480-31 WAC, Private, nonprofit transportation providers.
Amend
480-31-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2015 - no significant changes - new edition of previously adopted reference.
 
 
 
Title 49 C.F.R., amends the effective date of adoption to October 6, 2015, for the following:
 
 
 
 
-
Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs - see Note 4.
 
 
 
 
-
Part 375 - Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations - see Note 5.
 
 
 
 
-
Part 379 - Preservation of Records - no changes since last adoption.
 
 
 
 
-
Part 380 - Special Training Requirements - no changes since last adoption.
 
 
 
 
-
Part 382 - Controlled Substance and Alcohol Use and Testing - no changes since last adoption.
 
 
 
 
-
Part 383 - Commercial Driver's License Standards; Requirements and Penalties - see Note 6.
 
 
 
 
-
Part 385 - Safety Fitness Procedures - see Note 7.
 
 
 
 
-
Part 390 - Safety Regulations, General - see Note 8.
 
 
 
 
-
Part 391 - Qualification of Drivers - see Note 9.
 
 
 
 
-
Part 392 - Driving of Commercial Motor Vehicles - see Note 10.
 
 
 
 
-
Part 393 - Parts and Accessories Necessary for Safe Operation - see Note 11.
 
 
 
 
-
Part 395 - Hours of Service of Drivers - no changes since last adoption.
 
 
 
 
-
Part 396 - Inspection, Repair and Maintenance - no changes since last adoption.
 
 
 
 
-
Part 397 - Transportation of Hazardous Materials - see Note 12.
Chapter 480-62 WAC, Railroad companiesOperations.
Amend
480-62-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
Title 49 C.F.R., amends the effective date of adoption to October 6, 2015, for the following:
 
 
 
 
-
Part 171 - General Information, Regulations, and Definitions - see Note 1.
 
 
 
 
-
Part 172 - Emergency Response Information, Training Requirements, and Security Plans - see Note 2.
 
 
 
 
-
Part 173 - Shippers General Requirements for Shipments and Packages - see Note 3.
 
 
 
 
-
Part 174 - Carriage by Rail - see Note 13.
 
 
 
 
-
Part 178 - Specifications for Packagings - no changes made since last adoption date.
 
 
 
 
-
Part 179 - Specifications for Tank Cars - no changes made since last adoption date.
 
 
 
 
-
Part 209 - Railroad Safety Enforcement Procedures - no changes since last adoption date.
 
 
 
 
-
Part 211 - Rules of Practice - no changes made since last adoption date.
 
 
 
 
-
Part 212 - State Safety Participation Regulations - no changes made since last adoption date.
 
 
 
 
-
Part 213 - Track Safety Standards - no changes since last adoption date.
 
 
 
 
-
Part 214 - Railroad Workplace Safety - see Note 17.
 
 
 
 
-
Part 217 - Railroad Operating Rules - no changes made since last adoption date.
 
 
 
 
-
Part 218 - Railroad Operating Practices - no changes made since last adoption date.
 
 
 
 
-
Part 219 - Control of Alcohol and Drug Use - no changes made since last adoption date.
 
 
 
 
-
Part 220 - Railroad Communications - no changes made since last adoption date.
 
 
 
 
-
Part 221 - Rear-end Marking Device - no changes made since last adoption date.
 
 
 
 
-
Part 225 - Railroads Accidents/Incidents - no changes made since last adoption date.
 
 
 
 
-
Part 228 - Hours of Service of Railroad Employees - no changes made since last adoption date.
 
 
 
 
-
Part 234 - Grade Crossing Signal System Safety- see Note 18.
 
 
 
 
-
Part 239 - Passenger Train Emergency Preparedness - no changes made since last adoption date.
 
 
 
 
-
Part 240 - Qualification and Certification of Locomotive Engineers - no changes made since last adoption date.
 
 
 
 
-
Part 570 - Vehicle In Use Inspection Standards - no changes made since last adoption.
Chapter 480-70 WAC, Solid waste and/or refuse collection companies.
Amend
480-70-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2015 - no significant changes - new edition of previously adopted reference.
 
 
 
Title 40 C.F.R., amends the effective date of adoption to October 6, 2015, for the following:
 
 
 
 
-
Part 262 - Standards Applicable to Generators of Hazardous Waste - see Note 19.
 
 
 
Title 49 C.F.R., amends the effective date of adoption to October 6, 2015, for the following:
 
 
 
 
-
Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs - no changes since last adoption.
 
 
 
 
-
Part 171 - General Information, Regulations and Definitions - see Note 1.
 
 
 
 
-
Part 172 - Hazardous Materials Table, etc. - see Note 2.
 
 
 
 
-
Part 173 - Shippers General Requirements for Shipping and Packages - see Note 3.
 
 
 
 
-
Part 174 - Carriage by Rail - see Note 13.
 
 
 
 
-
Part 175 - Carriage by Aircraft - see Note 14.
 
 
 
 
-
Part 176 - Carriage by Vessel - see Note 15.
 
 
 
 
-
Part 177 - Carriage by Public Highway - no changes from last adoption.
 
 
 
 
-
Part 178 - Specifications for Packagings - no changes from last adoption
 
 
 
 
-
Part 179 - Specifications for Tank Cars - see Note 16.
 
 
 
 
-
Part 180 - Continuing Qualification and Maintenance of Packagings - no changes from last adoption.
 
 
 
 
-
Part 375 - Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations - see Note 5.
 
 
 
 
-
Part 379 - Preservation of Records - no changes since last adoption.
 
 
 
 
-
Part 380 - Special Training Requirements - no changes since last adoption.
 
 
 
 
-
Part 382 - Controlled Substance and Alcohol Use and Testing - no changes since last adoption.
 
 
 
 
-
Part 383 - Commercial Driver's License Standards; Requirements and Penalties - see Note 6.
 
 
 
 
-
Part 385 - Safety Fitness Procedures - see Note 7.
 
 
 
 
-
Part 390 - Safety Regulations, General - see Note 8.
 
 
 
 
-
Part 391 - Qualification of Drivers - see Note 9.
 
 
 
 
-
Part 392 - Driving of Commercial Motor Vehicles - see Note 10.
 
 
 
 
-
Part 393 - Parts and Accessories Necessary for Safe Operation - see Note 11.
 
 
 
 
-
Part 395 - Hours of Service of Drivers - no changes since last adoption.
 
 
 
 
-
Part 396 - Inspection, Repair and Maintenance - no changes since last adoption.
 
 
 
 
-
Part 397 - Transportation of Hazardous Materials - see Note 12.
Chapter 480-75 WAC, Hazardous liquid pipelineSafety.
Amend
480-75-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
Title 49 C.F.R, amends the effective date of adoption to March 6, 2015, for the following:
 
 
 
 
-
Part 195 - Transportation of Hazardous Liquids by Pipeline - no changes since last edition.
 
 
 
 
-
Part 199 - Drug and Alcohol Testing - no changes since last edition.
Chapter 480-90 WAC, Gas companiesOperations.
Amend
480-90-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
Title 18 C.F.R., amends the effective date of adoption to April 1, 2015, for the entire chapter - see Note 20.
 
 
 
2. Adoption by reference text changed as follows:
 
 
 
Title 18 C.F.R., amends subsection (1)(d) to rephrase the availability of the resource at Government Printing Office and include "It is also available for inspection at the commission branch of the state library." - see Note 21.
 
 
 
Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities, amends subsection (2)(c) to include the internet address for National Association of Regulatory Utility Commissioners (NARUC) publications store http://www.naruc.org/Store and add "It is also available for inspection at the commission branch of the state library." - see Note 22.
Chapter 480-93 WAC, Gas companiesSafety.
Amend
480-93-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
Title 49 C.F.R., amends the effective date of adoption to March 11, 2015, for the following:
 
 
 
 
-
Part 191 - Report Forms - no change since last edition.
 
 
 
 
-
Part 193 - Liquified Natural Gas and Facilities - no change since last edition
 
 
 
 
-
Part 192 - Transportation of Natural and Other Gas by Pipeline- see Note 23.
Chapter 480-100 WAC, Electric companiesOperations.
Amend
480-100-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
Title 18 C.F.R., amends the effective date of adoption to April 1, 2015, for the entire chapter - see Note 24.
 
 
 
The National Electrical Code (NEC), amends the effective date of adoption to September 3, 2014 - see Note 25.
 
 
 
2. Adoption by Reference text changed as follows:
 
 
 
Title 18 C.F.R., amends subsection (1)(d) to rephrase the availability of the resource at Government Printing Office - see Note 26.
 
 
 
Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities, amends subsection (2)(c) to include the internet address for NARUC publications store http://www.naruc.org/Store and add "It is also available for inspection at the commission branch of the state library." - see Note 27.
 
 
 
NEC, amends subsection (3)(a) to include "errata 70-14-2 published December 3, 2013, 70-14-3 published April 21, 2014, and 70-14-4 published July 29, 2014." - see Note 28.
 
 
 
The American National Standard for Electric Meters: Code for Electricity Metering, amends subsection (4)(c) to provide the internet addresses to purchase ANSI C12.1: http://webstore.ansi.org/ (PDF) and https://global.ihs.com/ (PDF or print) - see Note 29.
Chapter 480-107 WAC, Electric companiesPurchases of electricity from qualifying facilities and independent power producers and purchases of electrical savings from conservation suppliers.
Amend
480-107-999
Adoption by reference
1. Adoption by reference text changed as follows - see Note 30.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. The publication, effective date, reference within this chapter, and availability of the resources are as follows:
 
 
 
Public Utilities Regulatory Policies Act of 1978 (PURPA), Title II, Sections 201 and 210, cited as 16 U.S.C. § 796 and 824a-3, including all amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on August 8, 2005.
(b) This publication is reference[d] in WAC 480-107-001 Purpose and scope.
(c) Copies of U.S.C. are available from the United States Government Printing Office in Washington, D.C. or online at http://www.gpo.gov/.
 
 
 
Title 18 C.F.R. Part 292, cited as 18 C.F.R. § 292, including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on April 1, 2015.
(b) This publication is referenced in WAC 480-107-001 Purpose and scope.
Copies of Title 18 C.F.R. are available from the United States Government Printing Office in Washington, D.C. or online at http://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission branch of the state library.
Chapter 480-108 WAC, Electric companiesInterconnection with electric generators.
Amend
480-108-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
NEC, amends the effective date to April 7, 2015 - no significant changes - new edition of previously adopted reference.
 
 
 
Underwriters Laboratories (UL) UL Standard 1741, amends the effective date to January 7, 2015 - no significant changes - new edition of previously adopted reference.
 
 
 
Occupational Safety and Health Administration (OSHA) Standard at 29 C.F.R. 1910.269, amends the effective date to October 5, 2015 - no significant changes - new edition of previously adopted reference.
Chapter 480-109 WAC, Electric companiesAcquisitions.
Amend
480-110-999
Adoption by reference
1. Adoption by reference dates changed as follows:
 
 
 
Northwest Power and Conservation Council's Regional Technical Forum, amends the effective date of adoption to January 10, 2016, for the following:
 
 
 
 
-
Unit energy savings with status of "Active" or "Under Review."
 
 
 
 
-
Standard protocols with status of "Active" or "Under Review."
Notes:
1. 49 C.F.R. Part 171, General Information, Regulations, and Definitions - Effective October 6, 2015:
Changes effective January 1, 2015. 80 Federal Register (F.R.) 1114 and 1116: January 1, 2016 (delayed compliance date). The Pipeline and Hazardous Materials Safety Administration (PHMSA) amended the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air, the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations) and subsequently address three petitions for rule making.
Changes effective July 7, 2015. 80 F.R. 26644: PHMSA, in coordination with the Federal Railroad Administration (FRA), adopted requirements designed to reduce the consequences and, in some instances, reduce the probability of accidents involving trains transporting large quantities of flammable liquids. The final rule defines certain trains transporting large volumes of flammable liquids as "high-hazard flammable trains" (HHFT) and regulates their operation in terms of speed restrictions, braking systems, and routing. The final rule also adopts safety improvements in tank car design standards, a sampling and classification program for unrefined petroleum-based products, and notification requirements.
Changes effective November 9, 2015. 80 F.R. 54418: PHMSA adopted regulations to include the standard operating procedures and criteria used to evaluate applications for special permits and approvals. This rule making addresses issues identified in the Hazardous Materials Transportation Safety Improvement Act of 2012 related to the Office of Hazardous Materials Safety's Approvals and Permits Division. In addition, this rule making also provides clarity regarding what conditions need to be satisfied to promote special permit application completeness.
2. 49 C.F.R. Part 172, Hazardous Materials Table, etc. – Effective October 6, 2015:
Changes effective January 1, 2015. 80 F.R. 1149-1151: January 1, 2015 (voluntary compliance)/January 1, 2016 (delayed compliance). PHMSA amended the HMR to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the IMDG Code, the ICAO TI for the Safe Transport of Dangerous Goods by Air, the UN Model Regulations and subsequently address three petitions for rule making.
Changes effective July 7, 2015. 80 F.R. 26746: PHMSA, in coordination with FRA, adopted requirements designed to reduce the consequences and, in some instances, reduce the probability of accidents involving trains transporting large quantities of flammable liquids. The final rule defines certain trains transporting large volumes of flammable liquids as HHFT and regulates their operation in terms of speed restrictions, braking systems, and routing. The final rule also adopts safety improvements in tank car design standards, a sampling and classification program for unrefined petroleum-based products, and notification requirements.
3. 49 C.F.R. Part 173, Shippers General Requirements for Shipments and Packages - Effective October 6, 2015:
Changes effective January 1, 2015. 80 F.R. 1151-1163: January 1, 2015 (voluntary compliance)/January 1, 2016 (delayed compliance). PHMSA amended the HMR to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the IMDG Code, the ICAO TI for the Safe Transport of Dangerous Goods by Air, the UN Model Regulations and subsequently address three petitions for rule making.
Changes effective July 7, 2015: 80 F.R. 26644-26748: PHMSA, in coordination with FRA, adopted requirements designed to reduce the consequences and, in some instances, reduce the probability of accidents involving trains transporting large quantities of flammable liquids. The final rule defines certain trains transporting large volumes of flammable liquids as HHFT and regulates their operation in terms of speed restrictions, braking systems, and routing. The final rule also adopts safety improvements in tank car design standards, a sampling and classification program for unrefined petroleum-based products, and notification requirements.
4. 49 C.F.R. Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs – Effective October 6, 2015:
Changes effective April 13, 2015. 80 F.R. 19551-0: This action amended the United States Department of Transportation's (DOT) regulations to incorporate changes to the Substance Abuse and Mental Health Services Administration's chain of custody and control form (CCF) recently approved by the Office of Management and Budget. Specifically, this rule making expands the DOT's definition of the CCF to include both paper and electronic forms.
5. 49 C.F.R. Part 375, Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations – Effective October 6, 2015:
Changes effective October 1, 2015. 80 F.R. 59071: The Federal Motor Carrier Safety Administration (FMCSA) amended its regulations by making technical and ministerial corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, restore an inadvertent deletion of the reference to UL standard, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations, except to remove one obsolete provision.
6. 49 C.F.R. Part 383, Commercial Driver's License Standards; Requirements and Penalties – Effective October 6, 2015:
Changes effective June 2, 2015. 80 F.R. 18155: FMCSA specifies inflation adjustments to civil penalty amounts assessed to those who violate FMCSRs and HMRs. Some of these adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Adjustment Act), as amended by the Debt Collection Improvement Act (DCIA) of 1996. This final rule ensures that FMCSA's civil penalties are consistent with the applicable statutes.
Changes effective June 22, 2015. 80 F.R. 22810: FMCSA amends the FMCSRs to require certified medical examiners (ME) performing physical examinations of commercial motor vehicle (CMV) drivers to use a newly developed Medical Examination Report (MER) Form, MCSA-5875, in place of the current MER Form and to use Form MCSA-5876 for the Medical Examiner's Certificate (MEC); and report results of all CMV drivers' physical examinations performed (including the results of examinations where the driver was found not to be qualified) to FMCSA by midnight (local time) of the next calendar day following the examination. The reporting of results includes all CMV drivers who are required to be medically certified to operate in interstate commerce, not only those who hold or apply for commercial learner's permits (CLP) or commercial driver's licenses (CDL), and results of any examinations performed in accordance with the FMCSRs with any applicable state variances (which will be valid for intrastate operations only). For holders of CLP/CDLs (interstate and intrastate), FMCSA will electronically transmit driver identification, examination results, and restriction information from examinations performed from the National Registry to the State Driver's Licensing Agencies (SDLA). The agency will also transmit medical variance information for all CMV drivers electronically to the SDLAs.
Changes effective October 1, 2015. 80 F.R. 59072: FMCSA amended its regulations by making technical and ministerial corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, restore an inadvertent deletion of the reference to UL standard, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations, except to remove one obsolete provision.
7. 49 C.F.R. Part 385, Safety Fitness Procedures - Effective October 6, 2015:
Changes effective June 2, 2015. 80 F.R. 18155: FMCSA specifies inflation adjustments to civil penalty amounts assessed to those who violate FMCSRs and HMRs. Some of these adjustments are required by the Adjustment Act of 1990, as amended by the DCIA of 1996. This final rule ensures that FMCSA's civil penalties are consistent with the applicable statutes.
Changes effective October 1, 2015. 80 F.R. 59073: FMCSA amended its regulations by making technical and ministerial corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, restore an inadvertent deletion of the reference to a UL standard, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations, except to remove one obsolete provision.
8. 49 C.F.R. Part 390, Safety Regulations, General - Effective October 6, 2015:
Changes effective October 2, 2014. 79 F.R. 59457: FMCSA amended its regulations by making technical corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update references, and improve clarity and consistency of certain regulatory provisions. This rule did not make any substantive changes to the affected regulations.
Changes effective July 27, 2015. 80 F.R. 30178: FMCSA adopted regulations governing the lease and interchange of passenger-carrying CMVs to: Identify the motor carrier operating a passenger-carrying CMV that is responsible for compliance with FMCSRs; and ensure that a lessor surrenders control of the CMV for the full term of the lease or temporary exchange of CMVs and drivers. This action is necessary to ensure that unsafe passenger carriers cannot evade FMCSA oversight and enforcement by entering into a questionable lease arrangement to operate under the authority of another carrier that exercises no actual control over those operations.
Changes effective October 1, 2015. 80 F.R. 59074: FMCSA amended its regulations by making technical and ministerial corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, restore an inadvertent deletion of the reference to a UL standard, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations, except to remove one obsolete provision.
9. 49 C.F.R. Part 391, Qualification of Drivers - Effective October 6, 2015:
Changes effective October 2, 2014. 79 F.R. 59457: FMCSA amended its regulations by making technical corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update references, and improve clarity and consistency of certain regulatory provisions. This rule did not make any substantive changes to the affected regulations.
Changes effective June 22, 2015. 80 F.R. 22822: FMCSA amends FMCSRs to require certified MEs performing physical examinations of CMV drivers to use a newly developed MER Form, MCSA-5875, in place of the current MER Form and to use Form MCSA-5876 for the MEC; and report results of all CMV drivers' physical examinations performed (including the results of examinations where the driver was found not to be qualified) to FMCSA by midnight (local time) of the next calendar day following the examination. The reporting of results includes all CMV drivers who are required to be medically certified to operate in interstate commerce, not only those who hold or apply for CLP or CDL, and results of any examinations performed in accordance with FMCSRs with any applicable state variances (which will be valid for intrastate operations only). For holders of CLP/CDLs (interstate and intrastate), FMCSA will electronically transmit driver identification, examination results, and restriction information from examinations performed from the National Registry to the SDLAs. The agency will also transmit medical variance information for all CMV drivers electronically to the SDLAs.
Changes effective October 1, 2015. 80 F.R. 59074-59075: FMCSA amended its regulations by making technical and ministerial corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, restore an inadvertent deletion of the reference to a UL standard, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations, except to remove one obsolete provision.
10. 49 C.F.R. Part 392, Driving of Commercial Motor Vehicles - Effective October 6, 2015:
Changes effective October 2, 2014. 79 F.R. 59457: FMCSA amended its regulations by making technical corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update references, and improve clarity and consistency of certain regulatory provisions. This rule did not make any substantive changes to the affected regulations.
11. 49 C.F.R. Part 393, Parts and Accessories Necessary for Safe Operation - Effective October 6, 2015:
Changes effective October 1, 2015. 80 F.R. 59075: FMCSA amended its regulations by making technical and ministerial corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, restore an inadvertent deletion of the reference to a UL standard, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations, except to remove one obsolete provision.
12. 49 C.F.R. Part 397, Transportation of Hazardous Materials - Effective October 6, 2015:
Changes effective October 2, 2014. 79 F.R. 59458: FMCSA amended its regulations by making technical corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update references, and improve clarity and consistency of certain regulatory provisions. This rule did not make any substantive changes to the affected regulations.
Changes effective October 1, 2015. 80 F.R. 59075: FMCSA amended its regulations by making technical and ministerial corrections throughout Title 49 C.F.R., subtitle B, chapter III. The agency made minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, restore an inadvertent deletion of the reference to a UL standard, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations, except to remove one obsolete provision.
13. 49 C.F.R. Part 174, Carriage by Rail - Effective October 6, 2015:
Changes effective July 7, 2015: 80 F.R. 26748: PHMSA, in coordination with FRA, adopted requirements designed to reduce the consequences and, in some instances, reduce the probability of accidents involving trains transporting large quantities of flammable liquids. The final rule defines certain trains transporting large volumes of flammable liquids as HHFT and regulates their operation in terms of speed restrictions, braking systems, and routing. The final rule also adopts safety improvements in tank car design standards, a sampling and classification program for unrefined petroleum-based products, and notification requirements.
14. 49 C.F.R. Part 175, Carriage by Aircraft – Effective October 6, 2015:
Changes effective January 1, 2015. 80 F.R. 1163-1164: January 1, 2015 (voluntary compliance)/January 1, 2016 (delayed compliance). PHMSA amended HMR to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize HMR with recent changes made to the IMDG Code, ICAO TI for the Safe Transport of Dangerous Goods by Air, UN Model Regulations and subsequently address three petitions for rule making.
Changes effective March 30, 2015. 80 F.R. 16579: PHMSA issued a 2011 final rule in which it did not harmonize with international regulations regarding the carriage of spare fuel cell cartridges in passenger and crew member checked baggage. A company contested this final rule. As a result, PHMSA issued a document which provides a more thorough explanation and substantial evidence to support PHMSA's decision to prohibit the carriage of spare fuel cell cartridges in passenger and crew member checked baggage.
15. 49 C.F.R. Part 176, Carriage by Vessel - Effective October 6, 2015:
Changes effective January 1, 2015. 80 F.R. 1164-1165: January 1, 2015 (voluntary compliance)/January 1, 2016 (delayed compliance). PHMSA amended HMR to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize HMR with recent changes made to the IMDG Code, ICAO TI for the Safe Transport of Dangerous Goods by Air, UN Model Regulations and subsequently address three petitions for rule making.
16. 49 C.F.R. Part 179, Specifications for Tank Cars - Effective October 6, 2015:
Changes effective July 7, 2015. 80 F.R. 26749. PHMSA, in coordination with FRA, adopted requirements designed to reduce the consequences and, in some instances, reduce the probability of accidents involving trains transporting large quantities of flammable liquids. The final rule defines certain trains transporting large volumes of flammable liquids as HHFT and regulates their operation in terms of speed restrictions, braking systems, and routing. The final rule also adopts safety improvements in tank car design standards, a sampling and classification program for unrefined petroleum-based products, and notification requirements permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained.
17. 49 C.F.R. Part 214, Railroad Workplace Safety, Effective October 6, 2015:
Changes effective January 6, 2015. 79 F.R. 66500-66501: FRA is establishing minimum training standards for all safety-related railroad employees, as required by the Rail Safety Improvement Act of 2008. The final rule requires each railroad or contractor that employs one or more safety-related railroad employee[s] to develop and submit a training program to FRA for approval and to designate the minimum training qualifications for each occupational category of employee. The rule also requires most employers to conduct periodic oversight of their own employees and annual written reviews of their training programs to close performance gaps. The rule also contains specific training and qualification requirements for operators of roadway maintenance machines that can hoist, lower, and horizontally move a suspended load. Finally, the rule clarifies the existing training requirements for railroad and contractor employees that perform brake system inspections, tests, or maintenance.
18. 49 C.F.R. Part 234, Grade Crossing Signal System Safety - Effective October 6, 2015:
Changes effective March 9, 2015. 80 F.R. 786: This final rule requires railroads that operate one or more trains through highway-rail or pathway crossings to submit information to the U.S. DOT National Highway-Rail Crossing Inventory about the crossings through which they operate. These amendments, mandated by section 204 of the Rail Safety Improvement Act of 2008, require railroads to submit information about previously unreported and new highway-rail and pathway crossings to the U.S. DOT National Highway-Rail Crossing Inventory and to periodically update existing crossing data.
Changes effective May 28, 2015. 80 F.R. 30364: Updated the current schedule of civil penalties for violations of FRA's grade crossing safety regulations by adding recommended civil penalty amounts for violations of specific requirements contained in a recently added subpart. That subpart prescribes requirements that certain railroads establish emergency notification systems for receiving toll-free telephone calls reporting various unsafe conditions at highway-rail grade crossings and pathway grade crossings, and for taking certain actions in response to those calls.
19. 40 C.F.R. Part 262, Standards Applicable to Generators of Hazardous Waste - Effective October 6, 2015:
Changes effective July 2, 2015. 80 F.R. 37992: The U.S. Environmental Protection Agency amended certain existing regulations that apply to the transboundary movement of hazardous waste among the Organization for Economic Cooperation and Development member countries as promulgated under the hazardous waste provisions of the Resource Conservation and Recovery Act.
20. Title 18 C.F.R. - Effective April 1, 2015:
No changes to Parts 101 (Uniform System of Accounts Prescribed For Public Utilities and Licensees Subject to the Provisions of the Federal Power Act), 141 (Statements and Reports (Schedules)) and 260 (Statements and Reports (Schedules)), which are specifically referenced in WAC 480-90-203, 480-90-244, 480-90-252 and 480-90-268. WAC 480-90-999(1) adopts the entirety of Title 18 - Conservation of Power and Water Resources, so the effective date has been updated to the most recent version.
21. Title 18 C.F.R.:
Copies of Title 18 C.F.R. are available from the U.S. Government Printing Office in Washington, D.C., or online at http://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission branch of the state library.
22. Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities:
The electronic copy is available for purchase at the NARUC web site. A print copy is available for inspection at the commission branch of the state library.
23. 49 C.F.R. Part 195, Transportation of Natural and Other Gas by Pipeline - Effective March 11, 2015:
Changes effective March 11, 2015. 80 F.R. 58633-01: PHMSA published a final rule amending the pipeline safety regulations to make miscellaneous changes that updated and clarified certain regulatory requirements. These amendments addressed several subject matter areas, including the performance of post construction inspections, Type B onshore gas gathering line leak surveys, qualifying plastic pipe joiners, ethanol regulation, pipe transportation, offshore pipeline condition report filing, pressure reduction calculations for hazardous liquid pipeline anomalies, and components fabricated by welding. This final rule responds to petitions for reconsideration of the final rule.
24. Title 18 C.F.R. - Effective April 1, 2015:
No changes to Parts 101 (Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject to the Provisions of the Federal Power Act), 141 (Statements and Reports (Schedules)) and 260 (Statements and Reports (Schedules)), which are specifically referenced in WAC 480-100-203, 480-100-244, 480-100-252 and 480-100-268. WAC 480-100-999(1) adopts the entirety of Title 18 – Conservation of Power and Water Resources, so the effective date has been updated to the most recent version.
25. NEC - Effective September 3, 2014:
NEC addresses the installation of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways in commercial, residential, and industrial occupancies.
26. Title 18 C.F.R.:
Copies of Title 18 C.F.R. are available from the U.S. Government Printing Office in Washington, D.C., or online at http://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission branch of the state library.
27. Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities:
The electronic copy is available for purchase at the NARUC web site. A print copy is available for inspection at the commission branch of the state library.
28. NEC - Effective September 3, 2014:
Errata 70-14-2, 70-14-3 and 70-14-4 include corrections to a number of errors in the 2014 edition of National Fire Protection Association's NFPA 70, National Electrical Code.
29. The American National Standard for Electric Meters: Code for Electricity Metering:
ANSI C12.1 – 2008 is available at ANSI web site http://webstore.ansi.org/(PDF) or at IHS Standards Store web site https://global.ihs.com/(PDF and print).
30. Multiple: Updates the text to be consistent with other adoption by reference chapters.
PURPA of 1978, Title II, Sections 201 and 210 - Effective August 8, 2005:
The previous version of WAC 480-107-999 adopts the version of PURPA Title II, sections 201 and 210 current on the day the WAC was adopted, April 28, 2006. The last update of these two sections of PURPA took place on August 8, 2005. There have been no changes since then. For ease of reference, we adopt PURPA Title II, sections 201 and 210 as of August 8, 2005.
Title 18 C.F.R. Part 292 – Effective April 1, 2015:
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Changes effective June 29, 2006. 71 F.R. 30585-30589: The Federal Energy Regulatory Commission (FERC) reaffirms its determination and grants clarification in part of Order No. 671, in which it eliminates certain exemptions from rate regulation that were previously available to qualifying facilities (QF).
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Changes effective January 2, 2007. 71 F.R. 64342-64375: FERC amends its rules to implement section 1253(a) of the Energy Policy Act of 2005, which adds section 210(m) to PURPA of 1978. Section 210(m) provides for termination of the requirement that an electric utility enter into a new contract or obligation to purchase electric energy from QFs if FERC finds that the QF has nondiscriminatory access to a sufficiently competitive market. FERC identifies which markets meet the criteria contained in section 210(m) and determines whether QFs have nondiscriminatory access to those markets.
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Changes effective January 2, 2007. 71 F.R. 75662: It corrects errors in a final rule FERC published in the F.R. on November 1, 2006.
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Changes effective June 25, 2007. 72 F.R. 29056-29063: FERC eliminates the exemption of QFs from the reliability standards required by section 215 of the Federal Power Act.
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Changes effective July 30, 2007. 72 F.R. 35872-35892: FERC denies rehearing on most issues decided in Order No. 688, which amended its regulations in response to section 1253 of the Energy Policy Act of 2005. It clarifies certain aspects of the rule and adopts additional filing requirements.
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Changes effective August 14, 2007. 72 F.R. 45320–45328: FERC revises a number of references that have become outdated for various reasons. It also revises its delegations of authority to allow the secretary to refer complaint proceedings to FERC's Dispute Resolution Service, and to organize better and clarify other delegations.
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Changes effective June 1, 2010. 75 F.R. 15950–15986: FERC revises the filing requirement regarding FERC Form No. 556 and adopted an exemption for small generating facilities from the certification requirement to be a QF.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Steven V. King, Executive Director and Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, AND RECEIVED BY February 1, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal would revise the adoption-by-reference dates to reflect the current version(s) of adopted materials and make other minor administrative changes in Title 480 WAC.
Reasons Supporting Proposal: The commission adopts by reference several parts in Titles 18, 480, 47 and 49 C.F.R. and other state rules and national standards. This adoption package will make commission rules consistent with current published versions of federal rules, reflect the most current versions of the national safety standards.
Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington utilities and transportation commission, governmental.
Name of Agency Personnel Responsible for Drafting: Lynda Holloway, Program Specialist, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1118; Implementation and Enforcement: Steven V. King, Executive Director and Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1115.
November 18, 2015
Steven V. King
Executive Director
and Secretary
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-14-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publication, effective dates, references within this chapter, and availability of the resource is within Title 49 Code of Federal Regulations (C.F.R.), including all appendices and amendments is published by the United States Government Printing Office.
(1) The commission adopts the version in effect on October ((1, 2014)) 6, 2015, for 49 C.F.R. Parts 171, 172 and 173.
(2) This publication is referenced in WAC 480-14-250 (Insurance requirements).
(3) Copies of Title 49 C.F.R. are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-15-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, ((2014)) 2015.
(b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
(2) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on October ((1, 2014)) 6, 2015.
(b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements) and WAC 480-15-570 (Driver safety requirements).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-30-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, ((2014)) 2015.
(b) This publication is referenced in WAC 480-30-221 (Vehicle and driver safety requirements).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
(2) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on October ((1, 2014)) 6, 2015.
(b) This publication is referenced in WAC 480-30-221 (Vehicle and driver safety requirements) and WAC 480-30-226 (Intrastate medical waivers).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-31-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, ((2014)) 2015.
(b) This publication is referenced in WAC 480-31-120 (Equipment—Inspection—Ordered for repairs).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
(2) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on October ((1, 2014)) 6, 2015.
(b) This publication is referenced in WAC 480-31-100 (Equipment—Safety), WAC 480-31-120 (Equipment—Inspection—Ordered for repairs), and WAC 480-31-130 (Operation of motor vehicles).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-62-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on October ((1, 2014)) 6, 2015.
(b) This publication is referenced in WAC 480-62-160 (Compliance policy), WAC 480-62-200 (Roadway worker safety and operating rules and statutes), WAC 480-62-205 (Track safety standards), WAC 480-62-210 (Crossing signal circuitry), WAC 480-62-215 (Hazardous materials regulations), WAC 480-62-235 (Flaggers), and WAC 480-62-240 (Passenger carrying vehicles—Equipment).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.
(2) Manual on Uniform Traffic Control Devices, cited as Manual on Uniform Traffic Control Devices, or MUTCD, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on October ((1, 2014)) 6, 2015.
(b) This publication is referenced in WAC 480-62-230 (Traffic control devices) and WAC 480-62-235 (Flaggers).
(c) Copies of the MUTCD are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.
(3) ANSI Z308.1 - ((2009)) 2015 American National Standard for Minimum Requirements for Workplace First Aid Kits is published by the American National Standards Institute.
(a) The commission adopts the version in effect on October ((1, 2014)) 6, 2015.
(b) This publication is referenced in WAC 480-62-240 (Passenger carrying vehicles—Equipment).
(c) Copies of ANSI Z308.1 - ((2009)) 2015 American National Standard for Minimum Requirements for Workplace First Aid Kits and Supplies are available from IHS Global Engineering Documents in Englewood, Colorado.
(4) ANSI/ISEA 207-2011 - American National Standard for High-Visibility Public Safety Vests is published by the American National Standards Institute.
(a) The commission adopts the version in effect on October ((1, 2014)) 6, 2015.
(b) This publication is referenced in WAC 480-62-235 (Flaggers).
(c) Copies of ANSI/ISEA 207-2011 - American National Standard for High-Visibility Public Safety Vests are available from IHS Global Engineering Documents in Englewood, Colorado.
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-70-999 Adoption by reference.
In this chapter, the commission adopts by reference all, or portions of, regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) The North American Standard Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, ((2014)) 2015.
(b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
(2) Title 40 Code of Federal Regulations, cited as 40 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on October ((1, 2014)) 6, 2015.
(b) This publication is referenced in WAC 480-70-041 (Definitions, general).
(c) Copies of Title 40 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.
(3) Title 49 Code of Federal Regulations, cited as 49 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on October ((1, 2014)) 6, 2015.
(b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements), WAC 480-70-431 (Biomedical waste, adoption of federal regulations), and WAC 480-70-486 (Hazardous waste, adoption of federal regulations).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.
AMENDATORY SECTION (Amending WSR 14-05-001, filed 2/5/14, effective 3/8/14)
WAC 480-75-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) Title 49 Code of Federal Regulations, cited as 49 C.F.R., Parts 195 and 199 including all appendices and amendments except for 49 C.F.R. Sections 195.0 and 195.1, and 49 C.F.R. Sections 199.1 and 199.2, published by the United States Government Printing Office.
(a) The commission adopts the version in effect on ((October 1, 2012)) March 6, 2015.
(b) This publication is referenced in WAC 480-75-370 (Design factor (F) for steel pipe) and WAC 480-75-660 (Procedural manual for operations, maintenance, and emergencies).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/.
(2) The American Society of Mechanical Engineers (ASME) B31.4, 2006 edition, October 20, 2006.
(a) This publication is referenced in WAC 480-75-350 (Design specifications for new pipeline projects), WAC 480-75-440 (Pipeline repairs), and WAC 480-75-450 (Construction specifications).
(b) Copies of ASME B31.4 are available from ASME, http://www.asme.org/codes/. It is also available for inspection at the commission.
(3) The 2007 edition, July 2007, of Section IX of the ASME Boiler and Pressure Vessel Code.
(a) This publication is referenced in WAC 480-75-430 (Welding procedures).
(b) Copies of the 2007 edition, of Section IX of the ASME Boiler and Pressure Vessel Code are available from ASME, http://www.asme.org/codes/. It is also available for inspection at the commission.
(4) The commission adopts American Petroleum Institute (API) standard 1104 (20th edition 2005, including errata/addendum July 2007 and errata 2 (December 2008)).
(a) This publication is referenced in WAC 480-75-430 (Welding procedures) and WAC 480-75-460 (Welding inspection requirements).
(b) Copies of API standard 1104 (20th edition 2005, including errata/addendum July 2007 and errata December 2008) are available from the Office of API Publishing Services, http://www.api.org/. It is also available for inspection at the commission.
(5) The commission adopts API RP standard 1117 Third Edition, July 2008, including errata December 2008 and errata 2 (August 2009).
(a) This publication is referenced in WAC 480-75-500 (Moving and lowering hazardous liquid pipelines).
(b) Copies of API standard 1117 Third Edition, July 2008, including errata December 2008 and errata 2 August 2009 are available from API, http://www.api.org/. It is also available for inspection at the commission.
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-90-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:
(1) Title 18 Code of Federal Regulations, cited as 18 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on April 1, ((2014)) 2015.
(b) The accounting and reporting for the types of transactions and events covered by the amendment should not be construed as indicative of their treatment by this commission for ratemaking purposes.
(c) This publication is referenced in WAC 480-90-203 (Accounting system requirements), WAC 480-90-244 (Transferring cash or assuming obligation), WAC 480-90-252 (Federal Energy Regulatory Commission (FERC) Form No. 2), and WAC 480-90-268 (Essential utilities services contracts report).
(d) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government Printing Office in Washington, D.C., or online at http://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission branch of the state library.
(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 2007.
(b) This publication is referenced in WAC 480-90-228 (Retention and preservation of records and reports).
(c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC, in Washington, D.C. or at NARUC publications store online: http://www.naruc.org/store. It is also available for inspection at the commission branch of the state library.
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-93-999 Adoption by reference.
In this chapter, the commission adopts by reference each of the regulations and/or standards identified below. Each regulation or standard is listed by publication, publisher, scope of what the commission is adopting, effective date of the regulation or standard, the place within the commission's rules the regulation or standard is referenced, and where to obtain the regulation or standard.
(1) Parts 191, 192, 193, and 199 of Title 49 Code of Federal Regulations, including all appendices and amendments thereto as published by the United States Government Printing Office.
(a) The commission adopts the version of the above regulations that were in effect on ((October 1, 2012)) March 11, 2015, except the following sections are not adopted by reference: 191.1, 192.1(a), 193.2001(a), 199.1. In addition, please note that in WAC 480-93-013, the commission includes "new construction" in the definition of "covered task," as defined in 49 C.F.R. § 192.801 (b)(2).
(b) This publication is referenced in WAC 480-93-005 (Definitions), WAC 480-93-080 (Welder and plastic joiner identification and qualification), WAC 480-93-100 (Valves), WAC 480-93-110 (Corrosion control), WAC 480-93-124 (Pipeline markers), WAC 480-93-170 (Tests and reports for gas pipelines), WAC 480-93-180 (Plans and procedures), and WAC 480-93-18601 (Leak classification and action criteria—Grade—Definition—Priority of leak repair).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/. It is also available for inspection at the commission.
(2) Section IX of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code.
(a) The commission adopts the 2007 edition, July 1, 2007, of Section IX of the ASME Boiler and Pressure Vessel Code.
(b) This publication is referenced in WAC 480-93-080.
(c) Copies of Section IX of the ASME Boiler and Pressure Vessel Code (2007 edition, including addenda through July 1, 2005) are available from ASME, http://www.asme.org/codes/. It is also available for inspection at the commission.
(3) The American Petroleum Institute (API) standard 1104 (20th edition October 2005, including errata/addendum July 2007 and errata 2 (2008)).
(a) The commission adopts the 20th edition 2005, including errata/addendum July 2007 and errata 2 (2008) of this standard.
(b) This standard is referenced in WAC 480-93-080.
(c) Copies of API standard 1104 (20th edition 2005, including errata/addendum July 2007 and errata December 2008) are available from the Office of API Publishing Services, http://www.api.org/. It is also available for inspection at the commission.
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-100-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. The publications, effective date, references within this chapter, and availability of the resources are as follows:
(1) Title 18 Code of Federal Regulations, cited as 18 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on April 1, ((2014)) 2015.
(b) The accounting and reporting for the types of transactions and events covered by the amendment should not be construed as indicative of their treatment by this commission for ratemaking purposes.
(c) This publication is referenced in WAC 480-100-203 (Accounting system requirements), WAC 480-100-244 (Transferring cash or assuming obligation), WAC 480-100-252 (Federal Energy Regulatory Commission (FERC) Form No. 1), and WAC 480-100-268 (Essential utilities services contracts report).
(d) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government Printing Office in Washington D.C., or online at http://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission branch of the state library.
(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 2007.
(b) This publication is referenced in WAC 480-100-228 (Retention and preservation of records and reports).
(c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC in Washington, D.C. or at NARUC publications store online: http://www.naruc.org/store. It is also available for inspection at the commission branch of the state library.
(3) The National Electrical Code is published by the National Fire Protection Association (NFPA).
(a) The commission adopts the edition effective September 3, 2014, including errata 70-14-1 published September 16, 2013, errata 70-14-2 published December 3, 2013, 70-14-3 published April 21, 2014, and 70-14-4 published July 29, 2014.
(b) This publication is referenced in WAC 480-100-163 (Service entrance facilities).
(c) The National Electrical Code is a copyrighted document. Copies are available from the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169, or at internet address http://www.nfpa.org/.
(4) The American National Standard for Electric Meters: Code for Electricity Metering, ANSI C12.1 is published by the American National Standards Institute.
(a) The commission adopts the version published in 2008.
(b) This publication is referenced in WAC 480-100-318 (Meter readings, multipliers, and test constants), WAC 480-100-338 (Accuracy requirements for electric meters), and WAC 480-100-343 (Statement of meter test procedures).
(c) The ANSI C12.1 is a copyrighted document. ANSI C12.1 – 2008 is available at American National Standards Institute web site http://webstore.ansi.org/ (PDF) or at IHS Standards Store web site https://global.ihs.com/ (PDF and print).
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-107-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified in subsections (1) and (2) of this section. The publication, effective date, reference within this chapter, and availability of the resources are as follows:
(1) Public Utilities Regulatory Policies Act of 1978 (PURPA), Title II, Sections 201 and 210, cited as 16 U.S.C. Sec. 796 and 824a-3, including all amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on August 8, 2005.
(b) This publication is reference in WAC 480-107-001 (Purpose and scope).
(c) Copies of U.S. Code are available from the U.S. Government Printing Office in Washington, D.C. or online at http://www.gpo.gov/.
(2) Title 18 Code of Federal Regulations Part 292, cited as 18 C.F.R. Sec. 292, including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on April 1, ((2014)) 2015.
(b) This publication is referenced in WAC 480-107-001 (Purpose and scope).
(c) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government Printing Office in Washington D.C. or online at http://www.gpo.gov/ and from various third-party vendors. It is also available for inspection at the commission branch of the state library.
AMENDATORY SECTION (Amending WSR 15-06-048, filed 3/2/15, effective 4/2/15)
WAC 480-108-999 Adoption by reference.
In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. The publications, effective date, references within this chapter, and availability of the resources are as follows:
(1) The National Electrical Code is published by the National Fire Protection Association (NFPA).
(a) The commission adopts the edition effective ((September 3, 2014)) April 7, 2015, including errata 70-14-1 published September 16, 2013, errata 70-14-2 published December 3, 2013, errata 70-14-3 published April 21, 2014, and errata 70-14-4 published July 29, 2014.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) The National Electrical Code is a copyrighted document. Copies are available from the NFPA at 1 Batterymarch Park, Quincy, Massachusetts, 02169 or at internet address http://www.nfpa.org/.
(2) National Electrical Safety Code (NESC).
(a) The commission adopts the 2012 edition.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of the National Electrical Safety Code are available from the Institute of Electrical and Electronics Engineers at http://standards.ieee.org/nesc.
(3) Institute of Electrical and Electronics Engineers (IEEE) Standard 1547, Standard for Interconnecting Distributed Resources with Electric Power Systems.
(a) The commission adopts the version published in 2003 and reaffirmed in 2008, including amendment 1547a-2014, published May 21, 2014.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard 1547 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org.
(4) American National Standards Institute (ANSI) Standard C37.90, IEEE Standard for Relays and Relay Systems Associated with Electric Power Apparatus.
(a) The commission adopts the version published in 2005 and reaffirmed in 2011.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard C37.90 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org.
(5) Institute of Electrical and Electronics Engineers (IEEE) Standard 519, Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems.
(a) The commission adopts the version published June 11, 2014.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard 519 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org.
(6) Institute of Electrical and Electronics Engineers (IEEE) Standard 141, Recommended Practice for Electric Power Distribution for Industrial Plants.
(a) The commission adopts the version published in 1994 and reaffirmed in 1999.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard 141 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org.
(7) Institute of Electrical and Electronics Engineers (IEEE) Standard 142, Recommended Practice for Grounding of Industrial and Commercial Power Systems.
(a) The commission adopts the version published in 2007.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of IEEE Standard 142 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org.
(8) Underwriters Laboratories (UL), including UL Standard 1741, Inverters, Converters, Controllers and Interconnection Systems Equipment for Use with Distributed Energy Resources.
(a) The commission adopts the version published ((in 2010)) January 7, 2015.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) UL Standard 1741 is available from Underwriters Laboratory at http://www.ul.com.
(9) Occupational Safety and Health Administration (OSHA) Standard at 29 C.F.R. 1910.269.
(a) The commission adopts the version published on ((April 11, 2014, and amended on September 24, 2014)) October 5, 2015.
(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).
(c) Copies of Title 29 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.
AMENDATORY SECTION (Amending WSR 15-07-043, filed 3/12/15, effective 4/12/15)
WAC 480-109-999 Adoption by reference.
In this chapter, the commission adopts by reference all, or portions of, the publications identified below. They are available for inspection at the commission branch of the Washington state library. The publications, publication dates, references within this chapter, and availability of the resources are as follows:
(1) Northwest Conservation and Electric Power Plan as published by the Northwest Power and Conservation Council.
(a) The commission adopts the sixth version published in 2010.
(b) This publication is referenced in WAC 480-109-100.
(c) Copies of Sixth Northwest Conservation and Electric Power Plan are available from the Northwest Power and Conservation Council at http://www.nwcouncil.org/energy/powerplan/6/plan/.
(2) Weatherization Manual as published by the Washington state department of commerce.
(a) The commission adopts the version published in April 2009, and revised July 2014.
(b) This publication is referenced in WAC 480-109-100.
(c) Copies of Weatherization Manual are available from the Washington state department of commerce at http://www.commerce.wa.gov/Programs/services/weatherization/Pages/WeatherizationTechnicalDocuments.aspx.
(3) The unit energy savings values as published by the Northwest Power and Conservation Council's Regional Technical Forum.
(a) The commission adopts the unit energy savings with status of "Active" or "Under Review" on ((August 1, 2014)) January 10, 2016.
(b) This information is referenced in WAC 480-109-100.
(c) The spreadsheets containing the unit energy savings values are available for download at http://rtf.nwcouncil.org/measures/Default.asp.
(4) The standard protocols as published by the Northwest Power and Conservation Council's Regional Technical Forum.
(a) The commission adopts the standard protocols with status of "Active" or "Under Review" on ((August 1, 2014)) January 10, 2016.
(b) This information is referenced in WAC 480-109-100.
(c) The spreadsheets containing the standard protocols are available for download at http://rtf.nwcouncil.org/protocols/Default.asp.