WSR 08-20-130

EXPEDITED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Commission Docket A-081419 -- Filed October 1, 2008, 9:32 a.m. ]

Title of Rule and Other Identifying Information: The rule making would revise adoption-by-reference dates in TITLE 480 WAC to incorporate the most recent versions of adopted federal rules and other adopted publications and correct reference, grammatical, and punctuation errors.

Affected chapters 480-14, 480-15, 480-30, 480-31, 480-62, 480-70, 480-73, 480-75, 480-90, 480-93, 480-100, 480-108, 480-120, and 480-123 WAC.



Proposed Adoption by Reference Date Changes and Other Administrative Changes

Docket No. A-081419


Action WAC No. Rule Title Proposed Changesa
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:
North American Standard Out-of-Service Criteria (CVSAb)
April 1, 2008 - No significant change
Title 49 Code of Federal Regulations,
April 30, 2008 - Part 171, see Note 1

April 30, 2008 - Part 395, see Note 2

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
April 1, 2008 - No significant change
Title 49 Code of Federal Regulations
December 31, 2007 - Part 382, see Note 3

December 31, 2007 - Part 383, see Note 4

December 31, 2007 - Part 390, see Note 5

December 31, 2007 - Part 391, see Note 6

December 31, 2007 - Part 392, see Note 7

December 31, 2007 - Part 393, see Note 8

December 31, 2007 - Part 395, see Note 2

December 31, 2007 - Part 396, see Note 9

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
April 1, 2008 - No significant change
Title 49 Code of Federal Regulations
June 30, 2008 - Part 40, see Note 11

December 31, 2007 - Part 382, see Note 3

December 31, 2007 - Part 383, see Note 4

December 31, 2007 - Part 390, see Note 5

December 31, 2007 - Part 391, see Note 6

December 31, 2007 - Part 392, see Note 7

December 31, 2007 - Part 393, see Note 8

December 31, 2007 - Part 395, see Note 2

December 31, 2007 - Part 396, see Note 9

December 31, 2007 - Part 397, see Note 10

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
April 1, 2008 - No significant change
Title 49 Code of Federal Regulations
December 31, 2007 - Part 382, see Note 3

December 31, 2007 - Part 383, see Note 4

December 31, 2007 - Part 391, see Note 6

December 31, 2007 - Part 392, see Note 7

December 31, 2007 - Part 393, see Note 8

December 31, 2007 - Part 395, see Note 2

December 31, 2007 - Part 396, see Note 9

December 31, 2007 - Part 397, see Note 10

Chapter 480-62 WAC, Railroad companies--Operations.
Amend 480-62-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 49 Code of Federal Regulations
October 1, 2007 - Parts 171, 172, 173, 174, 178, and 179, see Note 12

October 1, 2007 - Part 234, see Note 13

October 1, 2007 - Part 213, see Note 14

October 1, 2007 - Parts 209, 214, 217, 218, 219, 220, 221, 225, 228, 239, and 240, see Note 15

October 1, 2007 - Part 212, see Note 16

October 1, 2007 - Part 570.7 and 570.60, see Note 17

Chapter 480-70 WAC, Solid waste collection companies.
Amend 480-70-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
North American Standard Out-of-Service Criteria
April 1, 2008 - No significant change
Title 40 Code of Federal Regulations
June 25, 2008 - See Note 11
Title 49 Code of Federal Regulations
December 31, 2007 - Part 382, see Note 3

December 31, 2007 - Part 383, see Note 4

December 31, 2007 - Part 390, see Note 5

December 31, 2007 - Part 391, see Note 6

December 31, 2007 - Part 392, see Note 7

December 31, 2007 - Part 393, see Note 8

December 31, 2007 - Part 395, see Note 2

December 31, 2007 - Part 396, see Note 9

December 31, 2007 - Part 397, see Note 10

Chapter 480-73 WAC, Hazardous liquid pipeline companies.
Amend 480-73-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 18 Code of Federal Regulations
April 1, 2008 - No change to current rule
Chapter 480-75 WAC, Hazardous liquid pipeline companies--Safety.
Amend 480-75-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 49 Code of Federal Regulations, except Sections 195.0, 195.1, 199.1, and 199.2
September 2, 2008 - No significant change
Chapter 480-90 WAC, Gas companies--Operations.
Amend 480-90-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 18 Code of Federal Regulations
April 1, 2008 - No significant change
NARUCc, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985
No change to current rule
Chapter 480-93 WAC, Gas companies--Safety.
Amend 480-93-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 49 Code of Federal Regulations, except Sections 191.1, 192.1(a), 193.2001(a), and 199.1
September 2, 2008 - No significant change
Chapter 480-100 WAC, Electric companies.
Amend 480-100-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 18 Code of Federal Regulations
April 1, 2008 - No significant change
NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985
No change to current rule
National Electrical Coded - as of 2005
No change to current rule
ANSI C12.1, Code for Electricity Metering, 2001 - as of 2001
No change to current rule
Chapter 480-108 WAC, Electric companies--Interconnection with electric generators.
Amend 480-108-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 29 Code of Federal Regulations
July 1, 2008 - No significant change
NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985
No change to current rule
National Electrical Codee - as of 2005
No change to current rule
ANSI C12.1, Code for Electricity Metering, 2001 - as of 2001
No change to current rule
Chapter 480-120 WAC, Telecommunications companies.
Amend 480-120-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services - Specifications" - (ANSI T1.510-1999) - as of December 29, 1999 and reaffirmed 2004 - No change to current rule
The Institute of Electrical and Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics - as of 2005
No significant change - See Note 18
National Electrical Safety Code
January 1, 2002 - No change to current rule
Title 47 Code of Federal Regulations, except Sections 64.2003 through 64.2009
October 1, 1998 - No change to current rule - See Note 19
Title 47 Code of Federal Regulations, Sections 64.2003 through 64.2009
October 1, 2008 - No significant change
Chapter 480-123 WAC, Universal service.
Amend 480-123-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
The Cellular Telecommunications and Internet Association's (CTIA) Consumer Code for Wireless Service
February 5, 2007 - No significant change
a Substantive changes highlighted in the notes at the end of this chart are those federal rules and national standards that staff identified as having a substantive impact on industries regulated by the commission. Changes to the adopted material that have gone into effect that staff determined would have a minor impact on the regulated industries and are listed with notation of no significant change. For informational purposes, we include other referenced documents in the chart with a notation of no change to current rule, if dates have not changed or if dates have changed but staff chooses to keep current reference.
b The North American Standard Out-of-Service Criteria adopted, published and distributed by the Commercial Vehicle Safety Administration (CVSA).
c National Association of Regulatory Utility Commissioners (NARUC).
d National Fire Protection Association (NFPA).
e National Fire Protection Association (NFPA).

Note:


1. 49 C.F.R. Part 171 Hazardous Materials Definitions and Abbreviations.

Effective: April 30, 2008: This amendment clarifies the definitions of "administrator" and "watertight."

Effective: January 28, 2008: This amendment includes a definition for "household waste."


2. 49 C.F.R. Part 395 Hours of Service of Drivers.

Effective December 17, 2007 (Docket No. FMCSA-2004-19608): This docket allows commercial motor vehicle drivers up to eleven hours of driving time within a fourteen hour, nonextendable window from the start of the workday, following ten consecutive hours off duty. It also allows motor carriers and drivers to restart calculations of the weekly on-duty time limits after the driver has at least thirty-four consecutive hours off duty.

Effective July 5, 2007 (Amendments to Implement Certain Provision of SAFETEA-LU): This rule reflects adoption of final rules required by SAFETEA-LU governing among other issues not relevant to state operations, intrastate operations of interstate motor carriers and exemption from federal hours-of-service regulations for operation of commercial vehicles under certain circumstances.

Effective August 25, 2005 (Docket No. FMCSA-2004-19608): This docket reflects FMCSA publishing its final rule governing hours of service for commercial motor vehicle drivers, following its notice of proposed rule making published January 24, 2005. The rule addresses requirements for driving, duty and off-duty time, recovery period, sleeper berth and new requirements for short-term haul drivers.


3. 49 C.F.R. Part 382 Controlled Substances and Alcohol Use and Testing.

Effective: October 1, 2007 (Technical Amendments to FMCSA Regulations): This rule makes technical corrections, but no substantive changes. It corrects the address of the FMCSA, makes minor editorial changes to correct errors and omissions and to improve clarity.


4. 49 C.F.R. Part 383 Commercial Drivers Licenses Standards, Requirements and Penalties.

Effective: October 1, 2007 (Technical Amendments to FMCSA Regulations): This rule makes technical corrections, but no substantive changes. It corrects the address of the FMCSA, makes minor editorial changes to correct errors and omissions and to improve clarity.

Effective July 5, 2007 (Amendments to Implement Certain Provision of SAFETEA-LU): This docket reflects adoption of final rules required by SAFETEA-LU governing among other issues not relevant to state operations, intrastate operations of interstate motor carriers and exemption from federal hours-of-service regulations for operation of commercial vehicles under certain circumstances.

Effective January 18, 2006 (Docket No. FMCSA-2005-21503): This docket adopts without change interim rules implementing section 4140 of SAFETEA-LU regarding CLD school bus endorsements and expiration date for allowing states to waive driving skills tests.

Effective April 29, 2005 (Docket No. FMCSA-2001-11117): This docket sets limitations on states to issue hazardous materials commercial drivers licenses.


5. 49 C.F.R. Part 390 General.

Effective: October 1, 2007 (Technical Amendments to FMCSA Regulations): This rule makes technical corrections, but no substantive changes. It corrects the address of the FMCSA, makes minor editorial changes to correct errors and omissions and to improve clarity.

Effective July 5, 2007 (Amendments to Implement Certain Provision of SAFETEA-LU): This rule reflects adoption of final rules required by SAFETEA-LU governing among other issues not relevant to state operations, intrastate operations of interstate motor carriers and exemption from federal hours-of-service regulations for operation of commercial vehicles under certain circumstances.

Effective August 28, 2006 (Docket No. FMCSA-2002-13015): This docket adopts without only minor changes interim rules regarding regulatory requirements for obtaining FMCSA authority.

Effective August 25, 2005 (Docket No. FMCSA-2004-19608): This docket reflects FMCSA publishing its final rule governing hours of service for commercial motor vehicle drivers, following its notice of proposed rule making published January 24, 2005. The rule addresses requirements for driving, duty and off-duty time, recovery period, sleeper berth and new requirements for short-term haul drivers.

Effective August 15, 2005 (Docket No. FMCSA 1997-2364): This docket amends the rules to remove obsolete and redundant regulations, provide improved definitions of vehicle types and vehicle systems and components, resolve inconsistencies between this rule and 49 C.F.R. Part 571 and codify certain FMCSA regulatory guidance. The amendments do not involve new or more stringent requirements, but a clarification of existing requirements.


6. 49 C.F.R. Part 391 Qualifications of Drivers and Longer Combination Vehicle Driver Instructors.

No changes since the prior adoption.


7. 49 C.F.R. Part 392 Driving of Motor Vehicles.

Effective: October 1, 2007 (Technical Amendments to FMCSA Regulations): This rule makes technical corrections, but no substantive changes. It corrects the address of the FMCSA, makes minor editorial changes to correct errors and omissions and to improve clarity.

Effective August 28, 2006 (Docket No. FMCSA-2002-13015): This docket adopts without only minor changes interim rules regarding regulatory requirements for obtaining FMCSA authority.

Effective August 15, 2005 (Docket No. FMCSA 1997-2364): This docket amends the rules to remove obsolete and redundant regulations, provide improved definitions of vehicle types and vehicle systems and components, resolve inconsistencies between this rule and 49 C.F.R. Part 571 and codify certain FMCSA regulatory guidance. The amendments do not involve new or more stringent requirements, but a clarification of existing requirements.


8. 49 C.F.R. Part 393 Parts and Accessories Necessary for Safe Operations.

Effective: October 1, 2007 (Technical Amendments to FMCSA Regulations): This rule makes technical corrections, but no substantive changes. It corrects the address of the FMCSA, makes minor editorial changes to correct errors and omissions and to improve clarity.

Effective August 7, 2007 (Docket No. FMCSA 1997-2364): This docket corrects an inadvertent omission to the rules adopted in this same docket effective June 11, 2007.

Effective June 18, 2007 (Docket No. FMCSA 1997-2364): This docket makes a minor correction to the rules adopted in this same docket effective June 11, 2007.

Effective June 11, 2007 (Docket No. FMCSA-1997-2364): This docket resolves inconsistency between FMCSA rules and the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards.

Effective March 6, 2007 (Docket No. FMCSA-2005-21323): This docket allows use of automatic hydraulic inertia brake systems on trailers within the ratios of gross vehicle weight for the towing vehicle and trailer are within certain limits.

Effective June 22, 2006 (Docket No. FMCSA-2006-21259): This docket amends rules concerning protection against shifting and falling cargo for commercial motor vehicles. The amendments adopt the North American Cargo Securement Standard Model Regulations. This rule also includes editorial revisions.

Effective August 15, 2005 (Docket No. FMCSA 1997-2364): This docket amends the rules to remove obsolete and redundant regulations, provide improved definitions of vehicle types and vehicle systems and components, resolve inconsistencies between this rule and 49 C.F.R. Part 571 and codify certain FMCSA regulatory guidance. The amendments do not involve new or more stringent requirements, but a clarification of existing requirements.


9. 49 C.F.R. Part 396 Inspection, Repair and Maintenance.

No changes since the prior adoption.


10. 49 C.F.R. Part 397 Transportation of Hazardous Materials, Driving and Parking Rules.

Effective: October 1, 2007 (Technical Amendments to FMCSA Regulations): This rule makes technical corrections, but no substantive changes. It corrects the address of the FMCSA, makes minor editorial changes to correct errors and omissions and to improve clarity.


11. 49 C.F.R. Part 40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

Effective: November 9, 2004 (Docket OST-2003-15245): This docket changes instructions to laboratories and medical review officers with respect to adulterated, substituted and diluted specimen results. This change is intended to avoid inconsistency with new requirements established by the United States Department of Health and Human Services effective November 1, 2004.

Effective August 23, 2006 (Docket OST-2006-24112): This docket adds state-licensed or certified marriage and family therapists to the list of credentialed professionals eligible to service as substance abuse professionals. This docket also makes a series of technical amendments to clarify certain provisions and correct omissions and typographical errors.

Effective September 22, 2006 (Docket OST-2006-24112): This docket corrects a misspelling that occurred in the August 23, 2006, Docket OST-2006-24112.

Effective January 11, 2007 (Docket OST-2007-26828): This docket publishes an interim rule allowing a new breath tube alcohol screening device for use in DOT agency regulated testing.

Effective June 13, 2008 (Docket OST-2008-0184): This docket authorized employers to disclose to state commercial driver licensing (CDL) authorities the drug and alcohol violations of CDL-licensed drivers.

Effective June 25, 2008 (Docket OST-2003-15245): This docket changes instructions to collectors, laboratories, medical review officers and employers regarding adulterated, substituted, diluted and invalid urine specimen results.


12. 49 C.F.R. Parts 171, 172, 173, 174, 178, and 179 Federal Railroad Administration: Hazardous Materials Regulation.

In WAC 480-62-215, the commission has adopted rules governing hazardous materials regulations as prescribed by these parts. On October 10, 2005, the commission adopted the C.F.R. version in effect on October 1, 2004. Between October 1, 2004, and October 1, 2007, numerous changes have occurred. Since all violations of these incorporated rules must be submitted to the Federal Railroad Administration for enforcement pursuant to the State Safety Participation Program, 49 C.F.R Part 212, the effected railroads are already aware of and subject to the rule revisions. The adoption by reference here is for administrative purposes only.


13. 49 C.F.R. Part 234 Federal Railroad Administration: Grade Crossing Signal System Safety.

In WAC 480-62-210, the commission has adopted Grade Crossing Signal System as prescribed by these parts. On October 10, 2005, the commission adopted the C.F.R. version in effect on October 1, 2004. Between October 1, 2004, and October 1, 2007, changes have occurred. Generally all violations of these incorporated rules must be submitted to the Federal Railroad Administration for enforcement pursuant to the State Safety Participation Program, 49 C.F.R. Part 212. We have at least one railroad that does not fall under Federal Railroad Administration jurisdiction. Any violations by this company are subject to state level enforcement. Of the changes that have occurred since the last adoption, only one is substantive. In 70 F.R. 111052, 49 C.F.R. Part 234.275, dated July 6, 2005, the Federal Railroad Administration issued a performance standard for the development and use of processor-based signal and train control systems. The rule also covers systems, which interact with highway railroad grade crossing systems. The rule requires Federal Railroad Administration be notified prior to installation of these systems.


14. 49 C.F.R. Part 213 Federal Railroad Administration: Track Safety Standards.

In WAC 480-62-205, the commission has adopted rules governing track safety regulations as prescribed by these parts. On October 10, 2005, the commission adopted the C.F.R. version in effect on October 1, 2004. Between October 1, 2004, and October 1, 2007, numerous changes have occurred. Since all violations of these incorporated rules must be submitted to the Federal Railroad Administration for enforcement pursuant to the State Safety Participation Program, 49 C.F.R. Part 212, the effected railroads are already aware of and subject to the rule revisions. The adoption by reference here is for administrative purposes only.


15. 49 C.F.R. Parts 209, 214, 217, 218, 219, 220, 221, 225, 228, 239, and 240 Federal Railroad Administration: Railroad Safety Enforcement Procedures; Railroad Workplace Safety; Railroad Operating Rules; Railroad Operating Practices; Control of Alcohol and Drug Use; Railroad Communications; Rear End Marking Device Passenger, Commuter and Freight Trains; Railroad Accidents/Incidents; Hours of Service; Passenger Train Emergency Preparedness; Qualification and Certification of Locomotive Engineers.

In WAC 480-62-200, the commission has adopted rules governing roadway worker safety and operating regulations as proscribed by these parts. On October 10, 2005, the commission adopted the C.F.R. version in effect on October 1, 2004. Between October 1, 2004, and October 1, 2007, numerous changes have occurred. Since all violations of these incorporated rules must be submitted to the Federal Railroad Administration for enforcement pursuant to the State Safety Participation Program, 49 C.F.R. Part 212, the effected railroads are already aware of and subject to the rule revisions. The adoption by reference here is for administrative purposes only.


16. 49 C.F.R. Part 212 Federal Railroad Administration: State Safety Participation Regulations.

No changes since the prior adoption.


17. 49 C.F.R. Parts 570.7 and 570.60 Federal Railroad Administration: Passenger Carrying Vehicles.

No changes since the prior adoption.


18. The Institute of Electrical and Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics as published in 2005.

This standard covers the general parameters and characteristics associated with telephone loops from the subscriber signaling and analog voice frequency interface to the local Class 5 switch interface. It includes only those business and residential lines in the North American public switched network where no special performance requirements are involved. This standard provides common denominators for subscriber line performance, independent of facility types, construction processes or equipment, and circuit provisioning methods. IEEE 820-2005 is the latest version for loop performance. It was updated to bring technology from analog to digital standards.


19. 47 C.F.R., except Sections 64.2003 through 64.2009, as of October 1, 1998.

At this time, staff will continue using the 1998 FCC Part 32 because it contains the required level of detail that fills its needs. Updated versions of Part 32 do not include some accounts and has combined other accounts. Also, the FCC has opened a rule making regarding accounting rules. Staff would prefer to maintain the current accounting requirements until the FCC's accounting rule changes are solidified, and until the potential effect of changes to intercarrier compensation on accounting needs can be determined, before making changes to the UTC's accounting rules. If the FCC decides to change the accounting rules in a significant way, then the UTC would be able to carefully analyze how its needs can be met through maintaining the federally-required uniform system of accounts, whatever it might turn out to be, and then can decide what additional accounting requirements it may have.

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 Executive Director and Secretary, Docket A-081419, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250 , AND RECEIVED BY December 2, 2008.


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 of adopted material and make other minor administrative changes in TITLE 480 WAC.

Reasons Supporting Proposal: The commission adopts by reference several parts in Title 18; Title 29; Title 40; Title 47; and Title 49 of the Code of Federal Regulations and other state rules and national standards. Commission rules need to reflect the most current versions of the adopted material.

Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353.

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: Christopher T. Mickelson, Regulatory Analyst, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1267; Implementation and Enforcement: David W. Danner, Executive Director and Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1208.

October 1, 2008

David W. Danner

Executive Director and Secretary

OTS-1905.1


AMENDATORY SECTION(Amending Docket A-060475, General Order No. R-537, filed 8/14/06, effective 9/14/06)

WAC 480-14-999   Adoption of 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, 2006.

(b) This publication is referenced in WAC 480-14-360 (Equipment -- Inspection -- Ordered out-of-service for repairs), WAC 480-14-370 (Equipment -- Drivers -- Safety), and WAC 480-14-390 (Hazardous materials regulations).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, 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, 2005)) April 30, 2008, for 49 CFR Parts 171, 172 and 395.

(b) This publication is referenced in ((WAC 480-14-040 (Definitions), WAC 480-14-070 (Federal regulations, 49 CFR, Part 390 -- General applicability and definitions),)) WAC 480-14-250 (Insurance requirements; cause for suspension or cancellation)((, WAC 480-14-370 (Equipment -- Drivers -- Safety),)) and WAC 480-14-380 (Hours of service -- On duty -- Federal safety regulations)((, WAC 480-14-390 (Hazardous materials regulations), and WAC 480-14-400 (Transportation of radioactive materials -- Driving and parking rules))).

(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.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 06-17-087 (Docket A-060475, General Order No. R-537), 480-14-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-14-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-14-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-14-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-14-999, filed 9/28/01, effective 10/29/01.]

OTS-1906.1


AMENDATORY SECTION(Amending Docket A-060475, General Order No. R-537, filed 8/14/06, effective 9/14/06)

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, ((2006)) 2008.

(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 in Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, 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, 2005)) December 31, 2007.

(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.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 06-17-087 (Docket A-060475, General Order No. R-537), 480-15-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-15-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-15-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-15-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-15-999, filed 9/28/01, effective 10/29/01.]

OTS-1907.1


AMENDATORY SECTION(Amending General Order No. R-533, Docket No. TC-020497, filed 6/8/06, effective 7/9/06)

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, ((2005)) 2008.

(b) This publication is referenced in WAC 480-30-121 (Certificates, applications, charter and excursion) and 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 in Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, 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, 2004)) December 31, 2007.

(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.

[Statutory Authority: RCW 80.01.040, 81.04.160, 81.12.050, 81.68.030, and 81.70.270. 06-13-006 (General Order No. R-533, Docket No. TC-020497), 480-30-999, filed 6/8/06, effective 7/9/06. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-30-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-30-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-30-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-30-999, filed 9/28/01, effective 10/29/01.]

OTS-1908.1


AMENDATORY SECTION(Amending Docket T-051915, General Order No. R-532, filed 5/4/06, effective 6/4/06)

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, ((2005)) 2008.

(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 in Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, 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, 2004)) December 31, 2007.

(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.

[Statutory Authority: RCW 81.04.160 and 34.05.353. 06-11-013 (Docket T-051915, General Order No. R-532), 480-31-999, filed 5/4/06, effective 6/4/06. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022, 480-31-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-31-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-31-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-31-999, filed 9/28/01, effective 10/29/01.]

OTS-1909.1


AMENDATORY SECTION(Amending Docket No. A-050271, General Order No. R-521, filed 10/10/05, effective 11/10/05)

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 CFR, 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, ((2004)) 2007.

(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 in November 2004.

(b) This publication is referenced in WAC 480-62-230 (Traffic control devices), WAC 480-62-235 (Flaggers), and WAC 480-62-245 (Passenger carrying vehicles -- Operation).

(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) Washington state department of transportation rules, cited as chapter 468-95 WAC, are published by the statute law committee.

(a) The commission adopts the version in effect on March 25, 2004.

(b) This publication is referenced in WAC 480-62-230 (Traffic control devices).

(c) Copies of the Washington state department of transportation rules are available from the department of transportation or on the internet web site for the office of the code reviser (leg.wa.gov/CodeReviser).

(4) ANSI Z308.1 - 2003 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 April 29, 2003.

(b) This publication is referenced in WAC 480-62-240 (Passenger carrying vehicles -- Equipment).

(c) Copies of ANSI Z308.1 - 2003 American National Standard for Minimum Requirements for Workplace First Aid Kits are available from Global Engineering Documents in Englewood, Colorado.

(5) ANSI/ISEA 107-2004 - American National Standard for High-Visibility Safety Apparel is published by the American National Standards Institute.

(a) The commission adopts the version in effect on September 15, 2004.

(b) This publication is referenced in WAC 480-62-235 (Flaggers).

(c) Copies of ANSI/ISEA 107-1999 - American National Standard for High-Visibility Safety Apparel are available from Global Engineering Documents in Englewood, Colorado.

(6) Title 49 United States Code, cited as 49 U.S.C., is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on January 2, 2002.

(b) This publication is referenced in WAC 480-62-200 (Roadway worker safety and operating rules and statutes).

(c) Copies of Title 49 United States Code are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-62-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-62-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-62-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 81.04.160, 81.24.010, 81.28.010, 81.28.290, 81.40.110, 81.44.010, 81.44.020, 81.44.101-81.44.105, and chapters 81.48, 81.53, 81.54, 81.60, and 81.61 RCW. 01-04-026 (Docket No. TR-981102, General Order No. R-477), 480-62-999, filed 1/30/01, effective 3/2/01.]

OTS-1910.1


AMENDATORY SECTION(Amending Docket A-060475, General Order No. R-537, filed 8/14/06, effective 9/14/06)

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, ((2006)) 2008.

(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 in Washington, D.C.

(2) Title 40 Code of Federal Regulations, cited as 40 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on July 1, 2006.

(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 CFR, 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, 2005)) December 31, 2007.

(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.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 06-17-087 (Docket A-060475, General Order No. R-537), 480-70-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-70-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-70-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-70-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-70-999, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. 01-08-012 (Docket No. TG-990161, General Order No. R-479), 480-70-999, filed 3/23/01, effective 4/23/01.]

OTS-1911.1


AMENDATORY SECTION(Amending Docket A-060475, General Order No. R-537, filed 8/14/06, effective 9/14/06)

WAC 480-73-999   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 CFR, is published by the United States Government Printing Office.

(2) The commission adopts the version in effect on April 1, ((2006)) 2008.

(3) This publication is referenced in WAC 480-73-130 (Accounting system requirements), WAC 480-73-150 (Retaining and preserving records and reports), and WAC 480-73-160 (Annual reports).

(4) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 06-17-087 (Docket A-060475, General Order No. R-537), 480-73-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-73-999, filed 10/10/05, effective 11/10/05; 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), 480-73-999, filed 2/28/05, effective 3/31/05.]

OTS-1912.1


AMENDATORY SECTION(Amending Docket PL-070974, General Order R-548, filed 5/30/08, effective 6/30/08)

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 CFR, Parts 195 and 199 including all appendices and amendments except for 49 CFR Sections 195.0 and 195.1, and 49 CFR 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, 2007)) September 2, 2008.

(b) This publication is referenced in WAC 480-75-370 (Design factor (F) for steel pipe), WAC 480-75-630 (Incident reporting), and WAC 480-75-660 (Operations safety plan 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.

(2) The American Society of Mechanical Engineers (ASME) B31.4, 1998 edition.

(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 The American Society of Mechanical Engineers, Park Avenue New York, New York.

(3) The 2001 edition 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 Section IX of the ASME Boiler and Pressure Vessel Code are available from The American Society of Mechanical Engineers, Park Avenue, New York, New York.

(4) The commission adopts American Petroleum Institute (API) standard 1104 19th edition.

(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 19th edition are available from the Office of API Publishing Services in Washington DC.

(5) The commission adopts API RP standard 1117 Second Edition, August 1996.

(a) This publication is referenced in WAC 480-75-500 (Moving and lowering hazardous liquid pipelines).

(b) Copies of API standard 1117 Second Edition are available from Global Engineering Documents in Englewood, Colorado.

[Statutory Authority: RCW 80.01.040, 80.04.060, 81.88.040. 08-12-045 (Docket PL-070974, General Order R-548), 480-75-999, filed 5/30/08, effective 6/30/08. Statutory Authority: RCW 80.01.040, 80.04.160, 80.28.210, 81.04.160, 81.88.020, and 34.05.353. 06-14-052 (Docket A-060464, General Order No. R-535), 480-75-999, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-75-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-75-999, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), 480-75-999, filed 8/26/02, 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-75-999, filed 9/28/01, effective 10/29/01.]

OTS-1913.1


AMENDATORY SECTION(Amending Docket A-060475, General Order No. R-537, filed 8/14/06, effective 9/14/06)

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 CFR, 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, ((2006)) 2008.

(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 Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).

(a) The commission adopts the version in effect in 1985.

(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.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 06-17-087 (Docket A-060475, General Order No. R-537), 480-90-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-90-999, filed 10/10/05, effective 11/10/05; 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), 480-90-999, filed 2/28/05, effective 3/31/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-90-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-90-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), 480-90-999, filed 5/3/01, effective 6/3/01.]

OTS-1914.1


AMENDATORY SECTION(Amending Docket PG-070975, General Order R-549, filed 5/30/08, effective 6/30/08)

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, 2007)) September 2, 2008, 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 CFR 192.801 (b)(2).

(b) This publication is referenced in WAC 480-93-005, 480-93-080, 480-93-100, 480-93-110, 480-93-124, 480-93-155, 480-93-170, 480-93-180, and 480-93-18601.

(c) The Code of Federal Regulations is published by the federal government. Copies of Title 49 Code of Federal Regulations are available from most Government Printing Offices, including the Seattle office of the Government Printing Office, as well as from various third-party vendors and various libraries, including the branch of the state library located at the commission. It is also available for inspection at the commission.

(2) Section IX of the ASME Boiler and Pressure Vessel Code.

(a) The commission adopts the 2001 edition 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 (2001 edition) are available from The American Society of Mechanical Engineers, Park Avenue, New York, New York, and various libraries, including the branch of the state library located at the commission. It is also available for inspection at the commission.

(3) The American Petroleum Institute (API) standard 1104 (19th edition).

(a) The commission adopts the 19th edition of this standard.

(b) This standard is referenced in WAC 480-93-080.

(c) Copies of API standard 1104 (19th edition) are available from the Office of API Publishing Services in Washington DC, and various libraries, including the branch of the state library located at the commission. It is also available for inspection at the commission.

[Statutory Authority: RCW 80.01.040, 80.04.060 and 81.88.040. 08-12-046 (Docket PG-070975, General Order R-549), 480-93-999, filed 5/30/08, effective 6/30/08. Statutory Authority: RCW 80.01.040, 80.04.160, 80.28.210, 81.04.160, 81.88.020, and 34.05.353. 06-14-052 (Docket A-060464, General Order No. R-535), 480-93-999, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), 480-93-999, filed 5/2/05, effective 6/2/05. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-93-999, filed 9/28/01, effective 10/29/01.]

OTS-1915.1


AMENDATORY SECTION(Amending Docket A-060475, General Order No. R-537, filed 8/14/06, effective 9/14/06)

WAC 480-100-999   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 CFR, 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, ((2006)) 2008.

(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 Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).

(a) The commission adopts the version in effect in 1985.

(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.

(3) The National Electrical Code is published by the National Fire Protection Association (NFPA).

(a) The commission adopts the version published in 2005.

(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 in Quincy, Massachusetts.

(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 2001.

(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. Copies are available from Global Engineering Documents in Englewood, Colorado.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 06-17-087 (Docket A-060475, General Order No. R-537), 480-100-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-100-999, filed 10/10/05, effective 11/10/05; 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), 480-100-999, filed 2/28/05, effective 3/31/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-100-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-100-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), 480-100-999, filed 5/3/01, effective 6/3/01.]

OTS-1916.1


AMENDATORY SECTION(Amending Docket UE-060649, General Order 545, filed 9/27/07, effective 10/28/07)

WAC 480-108-999   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 or as otherwise indicated. 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 version published in 2005.

(b) This publication is referenced in WAC 480-108-020.

(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 Electric Safety Code (NESC).

(a) The commission adopts the version published in 2002.

(b) This publication is referenced in WAC 480-108-020.

(c) Copies of the National Electric 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.

(b) This publication is referenced in WAC 480-108-020.

(c) Copies of IEEE Standard 1547 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

(4) Institute of Electrical and Electronics Engineers (IEEE) Standard 929, Recommended Practice for Utility Interface of Photovoltaic (PV) Systems.

(a) The commission adopts the version published in 2000.

(b) This publication is referenced in WAC 480-108-020.

(c) Copies of IEEE Standard 929 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

(5) 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.

(b) This publication is referenced in WAC 480-108-020.

(c) Copies of IEEE Standard C37.90 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

(6) 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 in 1992.

(b) This publication is referenced in WAC 480-108-020.

(c) Copies of IEEE Standard 519 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

(7) 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 480-108-020.

(c) Copies of IEEE Standard 141 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

(8) 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 1991.

(b) This publication is referenced in WAC 480-108-020.

(c) Copies of IEEE Standard 142 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

(9) Underwriters Laboratories (UL), including UL Standard 1741, Inverters, Converters, and Controllers for Use in Independent Power Systems.

(a) The commission adopts the version published in 2005.

(b) This publication is referenced in WAC 480-108-020.

(c) UL Standard 1741 is available from Underwriters Laboratory at http://www.ul.com.

(10) Occupational Safety and Health Administration (OSHA) Standard at 29 CFR 1910.269.

(a) The commission adopts the version published in 1994.

(b) This publication is referenced in WAC 480-108-020.

(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.

(11) Washington Industrial Safety and Health Administration (WISHA) Standard, chapter 296-155 WAC.

(a) The commission adopts the version in effect on ((March 1, 2006)) July 1, 2008.

(b) This publication is referenced in WAC 480-108-020.

(c) The WISHA Standard is available from the Washington Department of Labor and Industries at P.O. Box 44000, Olympia, WA 98504-4000, or at internet address http://www.lni.wa.gov.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 07-20-059 (Docket UE-060649, General Order 545), 480-108-999, filed 9/27/07, effective 10/28/07; 06-07-017 (Docket No. UE-051106, General Order No. R-528), 480-108-999, filed 3/6/06, effective 4/6/06.]

OTS-1917.1


AMENDATORY SECTION(Amending Docket A-060475, General Order No. R-537, filed 8/14/06, effective 9/14/06)

WAC 480-120-999   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) American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services - Specifications" (ANSI T1.510-1999) is published by the American National Standards Institute (ANSI).

(a) The commission adopts the version in effect on December 29, 1999, and reaffirmed 2004.

(b) This publication is referenced in WAC 480-120-401 (Network performance standards).

(c) The American National Standards for Telecommunications "Network Performance Parameters for Dedicated Digital Services - Specifications" is a copyrighted document. Copies are available from ANSI in Washington, D.C. and from various third-party vendors.

(2) The Institute of Electrical And Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics (ANSI/IEEE Std 820-1984) is published by the ANSI and the IEEE.

(a) The commission adopts the version in effect ((on March 22, 1984, and reaffirmed October 26, 1999)) as published in 2005.

(b) This publication is referenced in WAC 480-120-401 (Network performance standards).

(c) The IEEE Standard Telephone Loop Performance Characteristics is a copyrighted document. Copies are available from ANSI and IEEE in Washington, D.C. and from various third-party vendors.

(3) The National Electrical Safety Code is published by the IEEE.

(a) The commission adopts the version in effect on January 1, 2002.

(b) This publication is referenced in WAC 480-120-402 (Safety).

(c) The National Electrical Safety Code is a copyrighted document. Copies are available from IEEE in Washington, D.C. and from various third-party vendors.

(4) Title 47 Code of Federal Regulations, cited as 47 CFR, is published by the United States Government Printing Office, except sections 64.2003 through 64.2009.

(a) The commission adopts the version in effect on October 1, 1998.

(b) This publication is referenced in WAC 480-120-359 (Accounting requirements for companies not classified as competitive) and WAC 480-120-349 (Retaining and preserving records and reports).

(c) Copies of Title 47 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(5) Sections 64.2003 through 64.2009 of Title 47 of the Code of Federal Regulations, cited as 47 CFR 64.2003 through 64.2009, are published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, ((2005)) 2008.

(b) This publication is referenced in WAC 480-120-202 (Customer Proprietary Network Information).

(c) Copies of Sections 64.2003 through 64.2009 of Title 47 of the Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 06-17-087 (Docket A-060475, General Order No. R-537), 480-120-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-120-999, filed 10/10/05, effective 11/10/05. Statutory Authority: RCW 80.01.040 and 80.04.160. 05-03-031 (Docket No. UT 040015, General Order No. R-516), 480-120-999, filed 1/10/05, effective 2/10/05; 03-01-065 (Docket No. UT-990146, General Order No. R-507), 480-120-999, filed 12/12/02, effective 7/1/03.]

OTS-1918.1


AMENDATORY SECTION(Amending Docket No. UT-053021, General Order No. R-534, filed 6/28/06, effective 7/29/06)

WAC 480-123-999   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 Cellular Telecommunications and Internet Association's (CTIA) Consumer Code for Wireless Service.

(2) The commission adopts the version in effect on ((September 9, 2003)) February 5, 2007.

(3) This publication is referenced in WAC ((480-123-020)) 480-123-030 (contents of petition for eligible telecommunications carriers).

(4) Copies of the CTIA Consumer Code for Wireless Service are available at

((http://www.ctia.org/wireless_consumers/consumer_code/)) http://www.ctia.org.

[Statutory Authority: RCW 80.01.040, 80.04.160, 80.36.600, and 80.36.610. 06-14-051 (Docket No. UT-053021, General Order No. R-534), 480-123-999, filed 6/28/06, effective 7/29/06.]

Washington State Code Reviser's Office