WSR 24-13-092
PERMANENT RULES
UTILITIES AND TRANSPORTATION
COMMISSION
[Filed June 18, 2024, 8:54 a.m., effective July 19, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Revise the adoption-by-reference dates in the utilities and transportation commission WAC to reflect the current version(s) of adopted materials and make other minor administrative updates and corrections.
Citation of Rules Affected by this Order: Amending WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-62-235, 480-62-245, 480-62-999, 480-70-999, 480-75-999, 480-90-999, 480-93-999, 480-100-999, 480-120-999, and 480-123-999.
Statutory Authority for Adoption: RCW 80.10.040, 80.04.160, 81.04.160, and 34.05.353.
Adopted under notice filed as WSR 24-09-054 on April 15, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 14, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 14, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 18, 2024.
Jeff Killip
Executive Director and Secretary
OTS-5339.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-14-999Adoption 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 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 December 31, ((2022))2023, 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, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-5340.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-15-999Adoption 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 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, ((2023))2024.
(b) This publication is referenced in WAC 480-15-560 (((Equipment))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 December 31, ((2022))2023.
(b) This publication is referenced in WAC 480-15-560 (((Equipment))Vehicle and driver 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, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-5341.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-30-999Adoption 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 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, ((2023))2024.
(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 December 31, ((2022))2023.
(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, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-5342.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-31-999Adoption 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 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, ((2023))2024.
(b) This publication is referenced in WAC 480-31-120 (EquipmentInspectionOrdered 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 December 31, ((2022))2023.
(b) This publication is referenced in WAC 480-31-100 (EquipmentSafety), WAC 480-31-120 (EquipmentInspectionOrdered 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, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-5338.2
AMENDATORY SECTION(Amending WSR 11-04-041, filed 1/25/11, effective 2/25/11)
WAC 480-62-235Flaggers.
(1) The rules in this section apply whenever a railroad company engages in the maintenance, repair, or construction of a grade crossing or grade separated crossing; however, they do not apply when flaggers are provided only because of a crossing signal malfunction or only because of inspections or repairs to a crossing signal system. The latter circumstances are covered by 49 C.F.R., Part 234. In addition, 49 C.F.R. Part 234.5 recommends that railroad companies follow the requirements of Part VI of the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) to the extent possible. The commission further recommends that railroads also abide by the following rules to the extent possible in situations covered by 49 C.F.R. Part 234.
(2) Except as otherwise required in this section, traffic control devices, signs, barricades, and signaling methods must be set up in accordance with the provisions of the Manual on Uniform Traffic Control Devices (MUTCD). The commission adopts, by reference, specific portions of the MUTCD, as follows:
(a) Chapter ((8A.08))8A.13, Temporary Traffic Control Zones;
(b) Chapter ((6A))6A.01, General;
(c) Chapter ((6B))6A.02, Fundamental Principles of Temporary Traffic Control;
(d) Chapter ((6D))6C, Pedestrian and Worker Safety;
(e) Chapter ((6E))6D, Flagger Control;
(f) Chapter ((6G.18))6N.17, Work in the Vicinity of a Grade Crossing.
(3) Flaggers are to be used only when other reasonable means of control will not adequately control traffic in work zones. It may be reasonable in some cases to close the road on which the crossing is located, but only if agreed to by the public authority responsible for the roadway.
(4) Standards for high-visibility safety apparel.
(a) While flagging during daylight hours, a flagger must, at a minimum, wear:
- A high-visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 207-((2006))2020, American National Standard for High-Visibility Public Safety Vests((, specifically, a garment containing at least seven hundred seventy-five square inches of background material and two hundred one square inches of retroreflective material)); and
- A high-visibility hard hat.
(b) While flagging at night, a flagger must, at a minimum, wear:
- A high-visibility safety garment designed according to Class 2 specifications in ANSI/ISEA 207-((2006))2020 over white coveralls, or other coveralls or trousers designed according to ANSI/ISEA 207-((2006))2020 standards; and
- A high-visibility hard hat ((that is marked with at least twelve square inches of reflectorized material providing three hundred sixty degrees of visibility)).
(c) While flagging during inclement weather, yellow rain gear, white rain gear, or rain gear designed according to ANSI/ISEA 207-((2006))2020 may be substituted for white coveralls.
(5) Railroad companies must develop and use a method to ensure that whenever there is any potential hazard associated with motor vehicles, construction equipment, or on-track equipment, that flaggers have adequate warning of objects approaching from behind the flagger.
Note:
The following are some nonmandatory examples of methods that may be used to adequately warn flaggers:
 
- Mount a mirror on the flagger's hard hat;
 
- Use a motion detector with audible warning; or
 
- Use a spotter.
(6)(a) Railroad companies must conduct an on-site safety briefing for flaggers each time a flagger reports for duty, and also when job site conditions change significantly. The briefing must include applicable portions of the traffic control plan and any changes applicable during the flagger's shift. If not covered in the traffic control plan, the briefing must also include:
- The flagger's role and location at the job site;
- Motor vehicles and equipment in operation at the site;
- Job site traffic patterns;
- Communications and signals to be used between flaggers and equipment operators;
- Expected train and other on-track equipment movements;
- On-foot escape route; and
- Other hazards specific to the job site.
(b) When flaggers are used on a job site at a roadway allowing speeds of ((forty-five))45 mph or more and the job will last more than one day, the railroad company must keep on the site a current site-specific traffic control plan. The purpose of this plan is to help move traffic through or around the construction zone in a way that protects the safety of the traveling public, pedestrians and workers. The plan must include, but is not limited to, such items as:
- Sign use and placement;
- Application and removal of pavement markings;
- Construction;
- Scheduling;
- Methods and devices for delineation and channelization;
- Placement and maintenance of devices;
- Placement of flaggers;
- Roadway lighting;
- Traffic regulations; and
- Surveillance and inspection.
(7)(a) Where flaggers are used on roads allowing speeds of at least ((forty-five))45 mph, the railroad company must provide an additional warning sign marked "be prepared to stop."
(b) This sign is in addition to those required by Part VI of the Manual on Uniform Traffic Control Devices. It should be placed between the last two warning signs in the series or on the opposite side of the road when used on undivided roads.
(c) This additional sign does not increase the required advance warning area.
(d) The purpose of this additional sign is to clearly point out that a flagger will be encountered and the driver should be prepared to stop.
(8) To protect flaggers, railroad companies must ensure that:
(a) Flagger workstations are illuminated at night and during inclement weather by floodlights. It is important to adequately illuminate the workstation without creating glare in the eyes of approaching drivers. The adequacy and proper placement of floodlights can best be determined by driving through and observing the workstation from each direction on the roadway.
(b) Warning signs reflect the actual condition of the work zone. When not in use, warning signs should either be taken down or covered.
(c) Flaggers are not assigned other duties while engaging in flagging activities.
(d) Flaggers do not use devices (e.g., cell phones, pagers, or radio headphones) that may distract the vision, hearing, or attention of the flagger. Devices such as two-way radios used for communication between flaggers to direct traffic or ensure flagger safety are acceptable.
(e) Flaggers receive appropriate breaks from flagging so they can remain attentive and alert.
(9) Unless an emergency makes it impossible, before performing any work, railroad companies must coordinate all repair, maintenance, and construction work with the governing authority responsible for the road on which the crossing exists.
(10) Information about Title 49 C.F.R., the Manual on Uniform Traffic Control Devices, and ANSI/ISEA 207-((2006))2020 regarding the versions adopted and where to obtain them is set out in WAC 480-62-999.
AMENDATORY SECTION(Amending WSR 18-10-001, filed 4/18/18, effective 5/19/18)
WAC 480-62-245Railroad owned or operated passenger carrying vehiclesOperation.
(1) General.
(a) All passenger carrying motor vehicles must be operated in compliance with state law no matter where the vehicle is operated.
(b) Drivers must operate vehicles in a careful and prudent manner and at reasonable and proper speeds, with due regard to circumstances and to the use of highways by others.
(2) Minimum age, skill, and physical condition of drivers.
(a) Drivers of passenger carrying vehicles must be at least ((eighteen))18 years old.
(b) Before being allowed to drive or operate a passenger carrying vehicle, drivers must have demonstrated the physical capability of handling the controls of the vehicle with ease.
(c) Before driving a vehicle, drivers or operators must obtain either a valid Washington state driver's license or a valid license from the state of the driver's residence. The driver must carry the license at all times while operating a vehicle. If the passenger carrying vehicle is a type for which the state of Washington requires an extraordinary license or endorsement, the driver must have such license or endorsement.
(3) Driver's daily hours of service. No driver of any passenger carrying vehicle may drive for more than ((ten))10 hours without resting afterward for a minimum of eight consecutive hours.
(4) Refueling. No driver or any employee of a railroad company operating within the state may:
(a) Fuel a passenger carrying vehicle with the engine running;
(b) Smoke or expose any flame in the vicinity of a vehicle being fueled;
(c) Fuel a passenger carrying vehicle unless the nozzle of the fuel hose is continuously in contact with the intake pipe of the fuel tank;
(d) Insofar as practicable, permit any other person to engage in activities that might result in a fire or explosion;
(e) Except on buses, all occupants of the vehicle, except the driver and those within the operating cab, must dismount and stand clear while the vehicle is being refueled.
(5) Driving rules.
(a) Drivers must bring vehicles to a complete stop not less than ((fifteen))15 feet from the nearest rail of any at-grade crossing before crossing the track except:
(i) Where traffic is controlled by a police officer or a duly authorized flagger;
(ii) Where traffic is regulated by a traffic control signal;
(iii) Where traffic is controlled by crossing gate arms or an alternately flashing light signal intended to give warning of the approach of a train; or
(iv) Where an official traffic control device as designated by the commission pursuant to RCW 81.53.060 (i.e., an "exempt" sign, specified as R15-3P by the Manual on Uniform Traffic Control Devices) gives notice that the stopping requirement imposed by this section does not apply. Information about the Manual on Uniform Traffic Control Devices regarding the version adopted and where to obtain it is set out in WAC 480-62-999.
(b) Drivers must not change gears while crossing any railroad tracks.
(c) No driver may consume alcohol or ingest any controlled substance while on duty, or drive while affected by the use of intoxicating liquor or other substance that might impair the ability to drive.
(d) No driver may proceed down a grade with the gears in neutral or the clutch disengaged.
(e) At the beginning of his or her use of a vehicle, the driver must perform a brake test immediately before, and immediately after, the vehicle begins moving to ensure that the brakes are functioning properly.
(6) Loading and carrying of passengers.
(a) Drivers are in charge of the vehicle and must require passengers to observe vehicle rules.
(b) Passengers may not enter or exit from the vehicle while it is in motion, or ride on running boards, fenders, bumpers, tops of cabs, or with any part of their body projecting beyond the sides or the ends of the vehicle.
(7) Carrying equipment or tools.
(a) When equipment or tools are carried inside the vehicle, they must be stored in enclosed racks or boxes that are secured to the vehicle in a manner that prevents employees from being struck in the event of sudden starts, stops, or turns.
(b) All tools and equipment, including cylinders, containers, or drums must be properly secured so they will not interfere with the use of any exit.
(c) The driver must ensure that equipment and tools are properly secured before moving the vehicle.
(8) Limitation on transportation of explosives, gasoline, and other hazardous materials on passenger carrying vehicles.
(a) Explosives other than track torpedoes and fusees may not be carried in or on any vehicle while the vehicle is being used to transport crew members in a passenger compartment.
(b) If track torpedoes or fusees are carried in a passenger carrying vehicle, they must be carried in a separate compartment or container provided for that purpose.
(c) Gasoline, or other hazardous materials, must not be carried in either the cab or in the passenger compartment; however, oxygen or acetylene cylinders may be carried if gauges and regulators have been removed with caps in place before loading.
(d) Passenger carrying vehicles may be used to carry flammable materials when they are located outside of and isolated from the passenger carrying area, and are stored in containers approved by the Underwriters Laboratories, Inc. Containers for fuel must be vented in a manner that prevents the hazardous concentration of fumes.
(e) A passenger carrying vehicle containing hazardous materials must not be parked within ((three hundred))300 feet of an open fire.
(f) Smoking is prohibited within ((fifty))50 feet of a vehicle carrying explosive or flammable materials.
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-62-999Adoption 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 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 December 31, ((2022))2023.
(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), WAC 480-62-240 (Railroad owned or operated passenger carrying vehiclesEquipment), WAC 480-62-278 (Contract crew transportation vehicle and driver safety requirements), and WAC 480-62-293 (Contract crew transportation enforcement).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://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 December 31, ((2022))2023.
(b) This publication is referenced in WAC 480-62-230 (Traffic control devices), WAC 480-62-235 (Flaggers), and WAC 480-62-245 (Railroad owned or operated passenger carrying vehiclesOperation).
(c) Copies of the MUTCD are available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
(3) ANSI/ISEA Z308.1 - 2021 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 December 31, ((2022))2023.
(b) This publication is referenced in WAC 480-62-240 (Passenger carrying vehicles—Equipment).
(c) Copies of ANSI/ISEA Z308.1 - 2021 American National Standard for Minimum Requirements for Workplace First Aid Kits and Supplies are available from American National Standards Institute.
(4) ANSI/ISEA 207-2011 - American National Standard for High-Visibility ((Public)) Safety ((Vests))Apparel is published by the American National Standards Institute.
(a) The commission adopts the version in effect on December 31, ((2022))2023.
(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))Apparel are available from American National Standards Institute.
(5) 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, ((2023))2024.
(b) This publication is referenced in WAC 480-62-278 (Contract crew transportation vehicle and driver safety requirements).
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA.
OTS-5343.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-70-999Adoption 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 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, ((2023))2024.
(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 December 31, ((2022))2023.
(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, https://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 December 31, ((2022))2023.
(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, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-5344.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-75-999Adoption 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 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 190.221, 190.223, 195, 196, 198, and 199 including all appendices and amendments except for 49 C.F.R. Sections 195.0, 195.1, 199.1, 199.2, and 196.1 published by the United States Government Printing Office.
(a) The commission adopts the version in effect on December 31, ((2022))2023.
(b) This publication is referenced in WAC 480-75-100 (Definitions), WAC 480-75-370 (Design factor (F) for steel pipe), WAC 480-75-250 (Civil penalty for violation of chapter 81.88 RCW), WAC 480-75-650 (Annual reports), 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, https://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, https://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, https://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, https://www.api.org/. It is also available for inspection at the commission.
OTS-5345.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-90-999Adoption 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 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 Publishing Office.
(a) The commission adopts the version in effect on ((April 1, 2023))March 8, 2024.
(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 obligations), 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 Publishing Office in Washington, D.C., or online at https://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 Utilities is a copyrighted document. Copies are available from NARUC, in Washington, D.C. or at NARUC publications store online: https://maxxwww.naruc.org/forms/store/ProductFormPublic/regulations-to-govern-the-preservation-of-records. It is also available for inspection at the commission branch of the state library.
OTS-5346.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-93-999Adoption 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 190.221, 190.223, 191, 192, 193, 196, 198, 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 December 31, ((2022))2023, except the following sections are not adopted by reference: 191.1, 192.1(a), 193.2001(a), 196.1, 198.1, 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. Sec. 192.801 (b)(2).
(b) This publication is referenced in WAC 480-93-005 (Definitions), WAC 480-93-015 (Odorization of gas), WAC 480-93-018 (Records), 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 480-93-160 (Reporting requirements of proposed construction), WAC 480-93-170 (Tests and reports for gas pipelines), WAC 480-93-180 (Plans and procedures), WAC 480-93-223 (Civil penalty for violation of chapter 81.88 RCW and commission gas safety rules), and WAC 480-93-18601 (Leak classification and action criteriaGradeDefinitionPriority of leak repair).
(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, https://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, https://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, https://www.api.org/. It is also available for inspection at the commission.
OTS-5347.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-100-999Adoption 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 Publishing Office.
(a) The commission adopts the version in effect on ((April 1, 2023))March 8, 2024.
(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 obligations), 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 Publishing Office in Washington D.C., or online at https://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission 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 Utilities is a copyrighted document. Copies are available from NARUC in Washington, D.C. or at NARUC publications store online: https://maxxwww.naruc.org/forms/store/ProductFormPublic/regulations-to-govern-the-preservation-of-records. 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 in ((2017, including errata 70-17-1 published September 29, 2016, errata 70-17-2 published December 16, 2016, 70-17-3 published January 11, 2017, 70-17-4 published March 13, 2017, errata 70-21-1 published October 10, 2019, errata 70-20-2 published December 23, 2019, and errata 70-20-3 published March 10, 2020))2023.
(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 https://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 ((2016))2022.
(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 – 2016 is available at American National Standards Institute website https://webstore.ansi.org/ (PDF) or at IHS Standards Store website https://global.ihs.com/ (PDF and print).
OTS-5348.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-120-999Adoption 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 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 for Rates Up To and Including DS3 - Specifications" (ATIS 0100510) is published by the American National Standards Institute (ANSI).
(a) The commission adopts the version in effect on December 29, 1999, and reaffirmed ((2013))2018.
(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 for Rates Up To and Including DS3 - 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 (IEEE Std 820-((2005))2021) is published by the IEEE.
(a) The commission adopts the version in effect as published in ((2005, and reaffirmed in 2010))2022.
(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 2023 edition.
(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 C.F.R., is published by the United States Government Printing Office.
(a) For this publication as 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), the commission adopts the version of the relevant sections in effect on December 31, ((2021))2023.
(b) For this publication as referenced in WAC 480-120-202 (Customer proprietary network information), WAC 480-120-146 (Changing service providers from one local exchange company to another), and any other reference in chapter 480-120 WAC, the commission adopts the version of the relevant sections in effect on December 31, ((2022))2023.
(c) The ((2022))2023 version of C.F.R. Title 47 is available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.
OTS-5349.1
AMENDATORY SECTION(Amending WSR 23-13-003, filed 6/7/23, effective 7/8/23)
WAC 480-123-999Adoption 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.
(a) The commission adopts the version ((in effect on March 1,))copyrighted in 2023.
(b) This publication is referenced in WAC 480-123-030 (contents of petition for eligible telecommunications carriers).
(c) Copies of the CTIA Consumer Code for Wireless Service are available at https://www.ctia.org/the-wireless-industry/industry-commitments/consumer-code-for-wireless-service.
(2) Title 47, Code of Federal Regulations, cited as 47 C.F.R., is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on December 31, ((2022))2023.
(b) This publication is referenced in WAC 480-123-010 (Federal universal service contracts), WAC 480-123-060 (Annual certification of eligible telecommunications carriers), WAC 480-123-070 (Annual certifications and reports), WAC 480-123-100 (Prerequisites for requesting program support), and WAC 480-123-110 (Petitions for eligibility to receive program support).
(c) The ((2022))2023 version of C.F.R. Title 47 is available from the U.S. Government Online Bookstore, https://bookstore.gpo.gov/, and from various third-party vendors.