WSR 11-23-112

EXPEDITED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Commission Docket A-111722 -- Filed November 21, 2011, 8:03 a.m. ]

     Title of Rule and Other Identifying Information: This rule making would revise adoption-by-reference dates in TITLE 480 WAC to incorporate the most recent 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, 480-75, 480-90, 480-93, 480-100, 480-108, 480-120, and 480-123 WAC.


Proposed Rule Changes

Adoption by Reference Date Changes and Other Changes

Docket A-111722

Chapter 480-14 WAC, Motor carriers excluding household goods carriers and common brokers.
Amend

480-14-999

Adoption by reference.

1. Amends WAC 480-14-999(1) to add reference to C.F.R. Part 173 and remove reference to Part 395. Also amends title of WAC 480-14-250 referenced in WAC 480-14-999(2).
2. Adoption by reference dates changed as follows:
• Title 49, Code of Federal Regulations, amends the effective date of adoption to September 30, 2011, for the following:
- Part 171 - General Information, Regulations and Definitions - see Note 1.
- Part 172 - Hazardous Materials Table, etc. - see Note 2.
- Part 173 - Shippers General Requirements for Shipping and Packages - see Note 3.
Chapter 480-15 WAC, Household goods carriers.
Amend

480-15-999

Adoption by reference.

1. Adoption by reference dates changed as follows:
• North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2011 - no significant changes - new edition of previously adopted reference.
• Title 49 Code of Federal Regulations, amends the effective date of adoption to September 30, 2011, for the following:
- Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs - see Note 4.
- Part 375 - Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations - see Note 5.
- Part 379 - Preservation of Records - see Note 6.
- Part 380 - Special Training Requirements - see Note 7.
- Part 382 - Controlled Substance and Alcohol Use and Testing - see Note 8.
- Part 383 - Commercial Driver's License Standards; Requirements and Penalties - see Note 9.
- Part 385 - Safety Fitness Procedures - see Note 10.
- Part 390 - Safety Regulations, General - see Note 11.
- Part 391 - Qualification of Drivers - see Note 12.
- Part 392 - Driving of Commercial Motor Vehicles - see Note 13.
- Part 395 - Hours of Service of Drivers - see Note 14.
- Part 396 - Inspection, Repair and Maintenance - see Note 15.
- Part 397 - Transportation of Hazardous Materials - see Note 16.
Chapter 480-30 WAC, Auto transportation companies.
Amend

480-30-999

Adoption by reference.

1.

2.

Amends WAC 480-30-999 (1)(b) to remove reference to WAC 480-30-121.


Adoption by reference dates changed as follows:

• North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2011 - no significant changes - new edition of previously adopted reference.
• Title 49 Code of Federal Regulations, amends the effective date of adoption to September 30, 2011, for the following:
- Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs - see Note 4.
- Part 379 - Preservation of Records - see Note 6.
- Part 380 - Special Training Requirements - see Note 7.
- Part 382 - Controlled Substance and Alcohol Use and Testing - see Note 8.
- Part 383 - Commercial Driver's License Standards; Requirements and Penalties - see Note 9.
- Part 385 - Safety Fitness Procedures - see Note 10.
- Part 390 - Safety Regulations, General - see Note 11.
- Part 391 - Qualification of Drivers - see Note 12.
- Part 392 - Driving of Commercial Motor Vehicles - see Note 13.
- Part 395 - Hours of Service of Drivers - see Note 14.
- Part 396 - Inspection, Repair and Maintenance - see Note 15.
- Part 397 - Transportation of Hazardous Materials - see Note 16.
Chapter 480-31 WAC, Private, nonprofit transportation providers.
Amend 480-31-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
• North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2011 - no significant changes - new edition of previously adopted reference.
• Title 49 Code of Federal Regulations, amends the effective date of adoption to September 30, 2011, for the following:
- Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs - see Note 4.
- Part 379 - Preservation of Records - see Note 6.
- Part 380 - Special Training Requirements - see Note 7.
- Part 382 - Controlled Substance and Alcohol Use and Testing - see Note 8.
- Part 383 - Commercial Driver's License Standards; Requirements and Penalties - see Note 9.
- Part 385 - Safety Fitness Procedures - See Note 10.
- Part 390 - Safety Regulations, General - see Note 11.
- Part 391 - Qualification of Drivers - see Note 12.
- Part 392 - Driving of Commercial Motor Vehicles - see Note 13.
- Part 396 - Inspection, Repair and Maintenance - see Note 15.
- Part 397 - Transportation of Hazardous Materials -see Note 16.
Chapter 480-62 WAC, Railroad companies -- Operations.
Amend 480-62-200 Roadway worker safety and operating rules and statutes. 1. Amends outdated reference to USC chapter no longer in use and adds reference to C.F.R. Part 211.
Amend

480-62-999

Adoption by reference.

1. Adoption by reference dates changed as follows:
• Title 49 Code of Federal Regulations, amends the effective date of adoption to September 30, 2011, for the following parts:
- Part 171 - General Information, Regulations, and Definitions - see Note 1.
- Part 172 - Emergency Response Information, Training Requirements, and Security Plans - see Note 2.
- Part 173 - Shippers General Requirements for Shipments and Packages - see Note 3.
- Part 174 - Carriage by Rail - see Note 19.
- Part 178 - Specifications for Packagings - see Note 20.
- Part 179 - Specifications for Tank Cars - see Note 21.
- Part 209 - Railroad Safety Enforcement Procedures - see Note 22.
- Part 211 - Rules of Practice - see Note 23.
- Part 212 - State Safety Participation Regulations - see Note 24.
- Part 213 - Track Safety Standards - see Note 25.
- Part 214 - Railroad Workplace Safety - see Note 26.
- Part 217 - Railroad Operating Rules - see Note 27.
- Part 218 - Railroad Operating Practices - see Note 28.
- Part 219 - Control of Alcohol and Drug Use - see Note 29.
- Part 220 - Railroad Communications - see Note 30.
- Part 221 - Rear-end Marking Device - see Note 31.
- Part 225 - Railroads accidents/incidents - see Note 32.
- Part 228 - Hours of Service of Railroad Employees - see Note 33.
- Part 234 - Grade Crossing Signal System Safety - see Note 34.
- Part 239 - Passenger Train Emergency Preparedness - see Note 35.
- Part 240 - Qualification and Certification of Locomotive Engineers - see Note 36.
- Part 570.6 and 570.7 - Vehicle in Use Inspection Standards - see Note 37.
• Manual on Uniform Traffic Control Devices (MUTCD), amends the effective date to September 30, 2011 - see Note 18.
• Amends the effective date of adoption to September 30, 2011, for the following safety standards:
- ANSI Z308.1-2009, American National Standard for Minimum Requirements for Workplace First Aid Kits - see Note 38.
- ANSI/ISEA 207-2006 - American National Standard for High-Visibility Public Safety Vests - see Note 39.
Chapter 480-70 WAC, Solid waste and/or refuse collection companies.
Amend 480-70-431 Biomedical waste, adoption of federal regulations. 1. Amends reference of C.F.R. Part 170 through Part 189 to Parts 171 through 180. Parts 170 and 181-189 do not exist.
Amend 480-70-486 Hazardous waste, adoption of federal regulations. 2. Amends reference of C.F.R. Part 170 through Part 189 to Parts 171 through 180. Parts 170 and 181-189 do not exist.
Amend

480-70-999

Adoption by reference.

1. Adoption by reference dates changed as follows:
• North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2011 - no significant changes - new edition of previously adopted reference.
• Title 40 Code of Federal Regulations, amends the effective date of adoption to September 30, 2011, for the following:
- Part 262 - Standards Applicable to Generators of Hazardous Waste - see Note 17.
• Title 49 Code of Federal Regulations, amends the effective date of adoption to September 30, 2011, for the following:
- Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs - see Note 4.
- Part 171 - General Information, Regulations, and Definitions - see Note 1.
- Part 172 - Hazardous Materials Table, etc. - see Note 2.
- Part 173 - Shippers General Requirements for Shipping and Packages - see Note 3.
- Part 379 - Preservation of Records - see Note 6.
- Part 380 - Special Training Requirements - see Note 7.
- Part 382 - Controlled Substance and Alcohol Use and Testing - see Note 8.
- Part 383 - Commercial Driver's License Standards; Requirements and Penalties - see Note 9.
- Part 385 - Safety Fitness Procedures - see Note 10.
- Part 390 - Safety Regulations, General - see Note 11.
- Part 391 - Qualification of Drivers - see Note 12.
- Part 392 - Driving of Commercial Motor Vehicles - see Note 13.
- Part 395 - Hours of Service of Drivers - see Note 14.
- Part 396 - Inspection, Repair and Maintenance - see Note 15.
- Part 397 - Transportation of Hazardous Materials - see Note 16.
Chapter 480-75 WAC, Hazardous liquid pipelines, safety.
Amend

480-75-999 (1)(a)

Adoption by reference.

Adoption by reference dates changed as follows:
• Title 49 Code of Federal Regulations, amends the effective date of adoption to October 1, 2011 - Parts 195 and 199 including all appendices and amendments except for Parts 195.0, 195.1, 199.1, and 199.2 - see Note 40.
• The American Society of Mechanical Engineers (ASME) B31.4, 2006 edition, October 20, 2006 - see Note 40.
• Section IX of the ASME Boiler and Pressure Vessel Code, 2007 edition, July 2007 - see Note 40.
• American Petroleum Institute (API) standard 1104, 20th edition 2005, including errata/addendum July 2007 and errata 2 (December 2008) - see Note 40.
• API RP standard 1117 Third Edition, July 2008, including errata December 2008 - see Note 40.
Chapter 480-90 WAC, Gas companies -- Operations.
Amend

480-90-999

Adoption by reference.

1. Adoption by reference date changed as follows:
• Title 18 Code of Federal Regulations, amends the effective date of adoption to April 1, 2011.
Chapter 480-93 WAC, Gas companies -- Safety.
Amend

480-93-999 (1)(a)

Adoption by reference.

Adoption by reference date changed as follows:
• Title 49 Code of Federal Regulations, amends the effective date of adoption to October 1, 2011, for Parts 191, 192, 193 and 199, including all appendices and amendments thereto as published by the US Govt. Printing Office. The following sections are not adopted: 191.1, 192.1(a), 193.2001(a), 199.1 - see Note 40.
• Section IX of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code - 2007 edition, July 1, 2007 - see Note 40.
• American Petroleum Institute (API) standard 1104, 20th edition, October 2005, including errata/addendum July 2007 and errata 2 (2008) - see Note 40.
Chapter 480-100 WAC, Electric companies.
Amend 480-100-999 Adoption by reference.

1. Adoption by reference date changed as follows:
• Title 18 Code of Federal Regulations, amends the effective date of adoption to April 1, 2011.
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:
• National Electrical Safety Code (NESC) - adopts the 2012 edition.
• Institute of Electrical and Electronics Engineers (IEEE) Standard 519, adopts the 2004 edition second printing incorporating errata.
• Underwriters Laboratories (UL). Including UL Standard 1741, 2010 version - see Note 41.
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 01510) - as of December 29, 1999 and reaffirmed 2008 - no change to current rule.
• The Institute of Electrical and Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics - as of 2005 - no date change to current rule, minor text change - see Note 42.
• National Electrical Safety Code, adopts 2012 Version in effect as of August 1, 2011.
• Title 47 Code of Federal Regulations, except Sections 64.2003 through 64.2009. October 1, 1998 - no change to current rule - see Note 43.
• Title 47 Code of Federal Regulations, Sections 64.2003 through 64.2009. October 1, 2010 - no change to current rule.
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, amends the effective date to January 1, 2011.

     Note

     1. 49 C.F.R. Part 171, General Information, Regulations, and Definitions - Effective: September 30, 2011:

• Changes effective September 1, 2010: 75 F.R. 53596: This rule corrects editorial errors, makes minor regulatory changes, and improves the clarity of certain provisions. The amendments are nonsubstantive changes and do not impose new requirements.
• Changes effective September 30, 2010: 75 F.R. 60338: This rule responds to a petition for reconsideration and appeals submitted in response to the February 2, 2010, rule and also corrects several errors that occurred in that rule making. It makes miscellaneous changes to packaging instructions.
• Changes effective January 19, 2011: 76 F.R. 3345: This rule makes amendments to maintain alignment with international standards regarding packaging standards.
• Changes effective July 20, 2011: 76 F.R. 43525: This rule makes miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to promote safer transportation practices, eliminate unnecessary regulatory requirements, finalize outstanding petitions for rule making, facilitate international commerce, and simplify the regulations.
• Changes effective September 13, 2011: 76 F.R. 56311: This rule corrects editorial errors, makes minor regulatory changes, and improves the clarity of certain provisions. The amendments are nonsubstantive changes and do not impose new requirements.

     2. 49 C.F.R. Part 172, Hazardous Materials Table, etc. - Effective September 30, 2011:

• Changes effective September 1, 2010: This rule corrects editorial errors, makes minor regulatory changes and improves the clarity of certain provisions. The amendments are nonsubstantive changes and do not impose new requirements.
• Changes effective January 19, 2011: Amends the hazardous materials regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport limited quantities, and vessel stowage requirements.
• Changes effective August 19, 2011: Miscellaneous amendments to update and clarify certain regulatory requirements.
• Changes effective September 13, 2011: Corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the hazardous materials regulations.

     3. 49 C.F.R. Part 173, Shippers General Requirements for Shipments and Packages - Effective September 30, 2011:

• Changes effective September 1, 2010: 75 F.R. 53597: This rule corrects editorial errors, makes minor regulatory changes, and improves the clarity of certain provisions. The amendments are nonsubstantive changes and do not impose new requirements.
• Changes effective September 30, 2010: 75 F.R. 60339: This rule responds to a petition for reconsideration and appeals submitted in response to the February 2, 2010, rule and also corrects several errors that occurred in that rule making. It makes miscellaneous changes to packaging instructions.
• Changes effective January 19, 2011: 76 F.R. 3368-3381: This rule makes amendments to maintain alignment with international standards regarding packaging standards.
• Changes effective February 1, 2011: 76 F.R. 5491-5492: This rule incorporates provisions contained in certain widely used or longstanding cargo tank special permits that are granted to multiple parties and have established safety records.
• Changes effective July 20, 2011: 76 F.R. 43528-43530: This rule makes miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to promote safer transportation practices, eliminate unnecessary regulatory requirements, finalize outstanding petitions for rule making, facilitate international commerce, and simplify the regulations.
• Changes effective September 13, 2011: 76 F.R. 56315-56317: This rule corrects editorial errors, makes minor regulatory changes, and improves the clarity of certain provisions. The amendments are nonsubstantive changes and do not impose new requirements.

     4. 49 C.F.R. Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs - Effective September 30, 2011:

• Changes effective September 27, 2011: Final Rule; Technical Amendment. The intended effect of this final rule is to finalize the authority for use of the new CCF and to make a technical amendment to its drug testing procedures by amending a provision of the rule which was inadvertently omitted from a final rule in August 2010.

     5. 49 C.F.R. Part 375, Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations - Effective September 30, 2011:

• Changes effective January 28, 2011: Compliance date for 49 C.F.R. 387.307 (a)(2): Brokers that arrange the transportation of household goods in interstate or foreign commerce must increase their surety bonds or trust funds to the new minimum amount of $25,000 and have surety companies or trust fund managers file appropriate Forms BMC-84 or BMC-85 with FMCSA no later than January 1, 2012.

     6. 49 C.F.R. Part 379 - Preservation of Records - Effective September 30, 2011:

• No changes have been made to 49 C.F.R. Part 379 since the UTC last adopted it effective June 30, 2010.

     7. 49 C.F.R. Part 380 - Special Training Requirements - Effective September 30, 2011:

• No changes have been made to 49 C.F.R. Part 380 since the UTC last adopted it effective June 30, 2010.

     8. 49 C.F.R. Part 382 - Controlled Substance and Alcohol Use Testing - Effective September 30, 2011:

• No changes have been made to 49 C.F.R. Part 382 since the UTC last adopted it effective June 30, 2010.

     9. 49 C.F.R. Part 383 - Commercial Driver's License Standards; Requirements and Penalties - Effective September 30, 2011:

• Changes effective July 8, 2011: FMCSA amends the commercial driver's license (CDL) knowledge and skills testing standards and establishes new minimum federal standards for states to issue the commercial learner's permit (CLP). The rule requires that a CLP holder meet virtually the same requirements as those for a CDL holder, meaning that a driver holding a CLP will be subject to the same driver disqualification penalties that apply to a CDL holder. It will enhance safety by ensuring that only qualified drivers are allowed to operate commercial motor vehicles on our nation's highways. States must be in compliance with the requirements in subpart B of Part 384 (49 C.F.R. part 384) by July 8, 2014. Also corrects minor discrepancies regarding section references in the regulatory text of the final rule.

     10. 49 C.F.R. Part 385 - Safety Fitness Procedures - Effective September 30, 2011:

• Changes effective September 13, 2010: FMCSA amends its April 5, 2010, final rule that established new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles (CMVs). In response to petitions for reconsideration from Qualcomm Incorporated, XATA Corporation, and a group of industry stakeholders, FMCSA amends requirements relating to the temperature range in which EOBRs must be able to operate, and the connector type specified for the Universal Serial Bus (USB) interface.
• Changes effective July 8, 2011: FMCSA amends the CDL knowledge and skills testing standards and establishes new minimum federal standards for states to issue the CLP. The rule requires that a CLP holder meet virtually the same requirements as those for a CDL holder, meaning that a driver holding a CLP will be subject to the same driver disqualification penalties that apply to a CDL holder. It will enhance safety by ensuring that only qualified drivers are allowed to operate commercial motor vehicles on our nation's highways. States must be in compliance with the requirements in subpart B of Part 384 (49 C.F.R. part 384) by July 8, 2014.

     11. 49 C.F.R. Part 390 - Safety Regulations, General - Effective September 30, 2011:

• Changes effective October 27, 2010: FMCSA amends its CDL regulations to add to the list of disqualifying offenses a conviction under state or local traffic laws or ordinances that prohibit texting by CDL drivers while operating a CMV, including school bus drivers.

     12. 49 C.F.R. Part 391 - Qualification of Drivers - Effective September 30, 2011:

• Changes effective October 27, 2010: FMCSA amends its CDL regulations to add to the list of disqualifying offenses a conviction under state or local traffic laws or ordinances that prohibit texting by CDL drivers while operating a CMV, including school bus drivers.

     13. 49 C.F.R. Part 392 - Driving of Commercial Motor Vehicles - Effective September 30, 2011:

• Changes effective October 27, 2010: FMCSA amends its CDL regulations to add to the list of disqualifying offenses a conviction under state or local traffic laws or ordinances that prohibit texting by CDL drivers while operating a CMV, including school bus drivers.

     14. 49 C.F.R. Part 395 - Hours of Service of Drivers - Effective September 30, 2011:

• Changes effective September 23, 2010: FMCSA amends its April 5, 2010, final rule that established new performance standards for EOBRs installed in CMVs. In response to petitions for reconsideration from Qualcomm Incorporated, XATA Corporation, and a group of industry stakeholders, FMCSA amends requirements relating to the temperature range in which EOBRs must be able to operate, and the connector type specified for the USB interface.
• Changes effective May 5, 2011: The FMCSA amends its hours-of-service (HOS) regulations to adopt regulatory language consistent with the statutory exemption for certain railroad signal employees operating CMVs in connection with railroad signal work. This is in accordance with the Rail Safety Improvement Act of 2008 (RSIA of 2008), which took effect July 16, 2009.

     15. 49 C.F.R. Part 396 - Inspection, Repair and Maintenance - Effective September 30, 2011:

• No changes have been made to 49 C.F.R. Part 396 since the UTC last adopted it effective June 30, 2010.

     16. 49 C.F.R. Part 397 - Transportation of Hazardous Materials - Effective September 30, 2011:

• No changes have been made to 49 C.F.R. Part 397 since the UTC last adopted it effective June 30, 2010.

     17. 40 C.F.R. Part 262 - Standards Applicable to Generators of Hazardous Waste - Effective September 30, 2011:

• Changes effective July 14, 2006: Corrections to errors in the hazardous waste and used oil regulations.
• Changes effective December 31, 2008: The rule provides a flexible and protective set of regulations that address the specific nature of hazardous waste generation and accumulation in laboratories at colleges and universities, as well as other eligible academic entities formally affiliated with colleges and universities.
• Changes effective June 25, 2009: On January 18, 2009, the office of solid waste (OSW) was reorganized and changed its name to the office of resource conservation and recovery (ORCR).
• Changes effective March 7, 2011: Six technical corrections to an alternative set of hazardous waste generator requirements known as the "Academic Laboratories rule" or "Subpart K" which is applicable to laboratories owned by eligible academic entities.
• Changes effective June 16, 2010: This rule makes technical changes that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations
• Changes effective August 22, 2011: Minor change to the RCRA hazardous waste manifest regulations that affects those entities that print the hazardous waste manifest form in accordance with EPA's federal printing specifications.

     18. Manual on Uniform Traffic Control Devices (MUTCD), Specific Chapters of Parts 8 and 6 - Effective: September 30, 2011:

• No changes have been made to the MUTCD since UTC last adopted it effective June 30, 2010.

     19. 49 C.F.R. Part 174, Carriage by Rail - Effective: September 30, 2011:

• Changes effective July 20, 2011: 76 F.R. 43530-43531: This rule makes miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to promote safer transportation practices, eliminate unnecessary regulatory requirements, finalize outstanding petitions for rule making, facilitate international commerce, and simplify the regulations.

     20. 49 C.F.R. Part 178, Specifications for Packagings - Effective: September 30, 2011:

• Changes effective September 30, 2010: 75 F.R. 60339: This rule responds to a petition for reconsideration and appeals submitted in response to the February 2, 2010, rule and also corrects several errors that occurred in that rule making. It makes miscellaneous changes to packaging instructions.
• Changes effective January 19, 2011: 76 F.R. 3388-3389: This rule makes amendments to maintain alignment with international standards regarding packaging standards.
• Changes effective July 20, 2011: 76 F.R. 43531-43532: This rule makes miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to promote safer transportation practices, eliminate unnecessary regulatory requirements, finalize outstanding petitions for rule making, facilitate international commerce, and simplify the regulations.

     21. 49 C.F.R. Part 179, Specifications for Tank Cars - Effective: September 30, 2011:

• Changes effective September 1, 2010: 75 F.R. 53597: This rule corrects editorial errors, makes minor regulatory changes, and improves the clarity of certain provisions. The amendments are nonsubstantive changes and do not impose new requirements.

     22. 49 C.F.R. Part 209, Railroad Safety Enforcement Procedures - Effective: September 30, 2011:

• Changes effective July 27, 2010: 75 F.R. 43842: This rule adjusts the ordinary maximum penalty and the aggravated maximum penalty that it will apply when assessing a civil monetary penalty for a violation of the federal hazardous material transportation laws or a regulation, special permit, or approval issued under those laws.

     23. 49 C.F.R. Part 211, Rules of Practice - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 211 since UTC last adopted it effective June 30, 2010.

     24. 49 C.F.R. Part 212, State Safety Participation Regulations - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 212 since UTC last adopted it effective June 30, 2010.

     25. 49 C.F.R. Part 213, Track Safety Standards - Effective: September 30, 2011:

• Changes effective April 1, 2011: 76 F.R. 18084-18086: This rule mandates specific requirements for effective concrete crossties, for rail fastening systems connected to concrete crossties, and for automated inspections of track constructed with concrete crossties.

     26. 49 C.F.R. Part 214, Railroad Workplace Safety - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 214 since UTC last adopted it effective June 30, 2010.

     27. 49 C.F.R. Part 217, Railroad Operating Rules - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 217 since UTC last adopted it effective June 30, 2010.

     28. 49 C.F.R. Part 218, Railroad Operating Practices - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 218 since UTC last adopted it effective June 30, 2010.

     29. 49 C.F.R. Part 219, Control of Alcohol and Drug Use - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 219 since UTC last adopted it effective June 30, 2010.

     30. 49 C.F.R. Part 220, Railroad Communications - Effective: September 30, 2011:

• Changes effective September 27, 2010: 75 F.R. 59601-59602: This rule amends railroad communications regulations by restricting use of mobile telephones and other distracting electronic devices by railroad operating employees.

     31. 49 C.F.R. Part 221, Rear-end Marking Device - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 221 since UTC last adopted it effective June 30, 2010.

     32. 49 C.F.R. Part 225, Railroads accidents/incidents - Effective: September 30, 2011:

• Changes effective November 9, 2010: 75 F.R. 68903-68909: This rule revises FRA's existing regulations addressing accident/incident reporting in order to clarify ambiguous regulations and to enhance the quality of information available for railroad casualty analysis. It also revises the FRA Guide for Preparing Accident/Incident Reports (FRA Guide), its accident/incident recording and reporting forms and its Companion Guide: Guidelines for Submitting Accident/Incident Reports by Alternative Methods (Companion Guide).
• Changes effective May 27, 2011: 76 F.R. 30863: This document amends and clarifies the final rule based on FRA's review of the petitions for reconsideration and in order to make necessary technical and clarifying changes.

     33. 49 C.F.R. Part 228, Hours of Service of Railroad Employees - Effective: September 30, 2011:

• Changes effective August 12, 2011: 76 F.R. 50396-50400: This rule amends FRA hours of service record-keeping regulations, adds substantive hours of service regulations, including maximum on-duty periods, minimum off-duty periods, and other limitations, for train employees (e.g., locomotive engineers and conductors) providing commuter and intercity rail passenger transportation.

     34. 49 C.F.R. Part 234, Grade Crossing Signal System Safety - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 234 since UTC last adopted it effective June 30, 2010.

     35. 49 C.F.R. Part 239, Passenger Train Emergency Preparedness - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 239 since UTC last adopted it effective June 30, 2010.

     36. 49 C.F.R. Part 240, Qualification and Certification of Locomotive Engineers - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 240 since UTC last adopted it effective June 30, 2010.

     37. 49 C.F.R. Part 570.6 and 570.7, Vehicle in Use Inspection Standards - Effective: September 30, 2011:

• No changes have been made to 49 C.F.R. Part 570.6 and 570.7 since UTC last adopted it effective June 30, 2010.

     38. ANSI Z308.1-2009, American National Standard for Minimum Requirements for Workplace First Aid Kits - Effective: September 30, 2011:

• No changes have been made to ANSI Z308.1-2009 since UTC last adopted it effective June 30, 2010.

     39. ANSI/ISEA 207-2006 - American National Standard for High-Visibility Public Safety Vests - Effective: September 30, 2011:

• No changes have been made to ANSI/SEA 207-2006 since UTC last adopted it effective June 30, 2010.

     40. Dates are being changed in chapters 480-75 and 480-93 WAC to reflect new editions of standards previously incorporated by the Pipeline and Hazardous Materials Safety Administration (PHMSA).

     41. Replaces previous title of "Inverters, converters, and controllers for use in independent power systems" with, "Inverters, converters, controllers and interconnection systems equipment for use with distributed energy resources."

     42. 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 still the latest version for loop performance. However, the reference of "1984" in the rule needs to be replaced with "2005." The reference should be change[d] as [to] "(ANSI/IEEE Std 820-2005)."

     43. 47 C.F.R., as of 1998 edition, except Sections 64.2003 through 64.2009 (as referred in WAC 480-120-202 in effect after Oct. 1, 2010)

• At this time, staff will continue using the 1998 FCC Part 32 because it contains the required level of detail that fills our 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 David W. Danner, Executive Director and Secretary, Washington Utilities and Transportation Commission (UTC), P.O. Box 47250, Olympia, WA 98504-7250 , AND RECEIVED BY January 23, 2012.


     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, 47 and 49 of the Code of Federal Regulations and other state rules and national standards. This adoption package will make commission rules consistent with current published versions of federal rules, reflect the most current versions of the national safety standards and correct typographical, grammatical, and punctuation errors.

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

     Statute Being Implemented: Not applicable.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington utilities and transportation commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Betty Young, Compliance Investigator, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1202; Implementation and Enforcement: David W. Danner, Executive Director and Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1208.

November 21, 2011

David W. Danner

Executive Director

and Secretary

OTS-4453.1


AMENDATORY SECTION(Amending Order R-555, Docket TV-090400, filed 10/30/09, effective 11/30/09)

WAC 480-14-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publication, effective dates, references within this chapter, and availability of the resource is within Title 49 Code of Federal Regulations (CFR), including all appendices and amendments is published by the United States Government Printing Office.

     (1) The commission adopts the version in effect on ((April 30, 2008)) September 30, 2011, for 49 CFR Parts 171, 172 and ((395)) 173.

     (2) This publication is referenced in WAC 480-14-250 (Insurance requirements((; cause for suspension or cancellation))).

     (3) Copies of Title 49 CFR 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 and 81.04.160. 09-22-057 (Order R-555, Docket TV-090400), § 480-14-999, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-14-999, filed 12/23/08, effective 1/23/09; 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-4454.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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, ((2010)) 2011.

     (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 ((June 30, 2010, except that for 49 CFR Part 40, the commission adopts the version in effect on October 1, 2010)) September 30, 2011.

     (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. 11-04-041 (Docket A-101466, General Order R-562), § 480-15-999, filed 1/25/11, effective 2/25/11; 09-01-171 (Docket A-081419, General Order R-554), § 480-15-999, filed 12/23/08, effective 1/23/09; 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-4455.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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, ((2010)) 2011.

     (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 ((June 30, 2010, except that for 49 CFR Part 40, the commission adopts the version in effect on October 1, 2010)) September 30, 2011.

     (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, 80.04.160, 81.04.160, and 34.05.353. 11-04-041 (Docket A-101466, General Order R-562), § 480-30-999, filed 1/25/11, effective 2/25/11; 09-01-171 (Docket A-081419, General Order R-554), § 480-30-999, filed 12/23/08, effective 1/23/09. 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-4456.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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, ((2010)) 2011.

     (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 ((June 30, 2010, except that for 49 CFR Part 40, the commission adopts the version in effect on October 1, 2010)) September 30, 2011.

     (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 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 11-04-041 (Docket A-101466, General Order R-562), § 480-31-999, filed 1/25/11, effective 2/25/11; 09-01-171 (Docket A-081419, General Order R-554), § 480-31-999, filed 12/23/08, effective 1/23/09. 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-4457.1


AMENDATORY SECTION(Amending Docket No. TR-981102, General Order No. R-477, filed 1/30/01, effective 3/2/01)

WAC 480-62-200   Roadway worker safety and operating rules and statutes.   (1) The commission adopts by reference the following parts of Title 49 of the Code of Federal Regulations (CFR) ((and Title 49 of the United States Code (U.S.C.))) and all pertinent appendices:

     (a) 49 CFR Part 209: Railroad safety enforcement procedure;

     (b) 49 CFR Part 214: Railroad workplace safety;

     (c) 49 CFR Part 217: Railroad operating rules;

     (d) 49 CFR Part 218: Railroad operating practices;

     (e) 49 CFR Part 219: Procedures for transportation workplace drug testing programs;

     (f) 49 CFR Part 220: Radio standards and procedures;

     (g) 49 CFR Part 221: Rear end marking device - passenger, commuter and freight trains;

     (h) 49 CFR Part 225: Railroad Accidents/Incidents: Reports classification, and investigations;

     (i) 49 CFR Part 228: Hours of service of railroad employees;

     (j) 49 CFR Part 239: Passenger train emergency preparedness;

     (k) 49 CFR Part 240: Qualification and Certification of Locomotive Engineers Hours of Service;

     (l) 49 ((U.S.C. Chapter)) CFR Part 211: Hours of Service.

     (2) Information about Title 49 CFR ((and Title 49 U.S.C.)) regarding the version adopted and where to obtain it is set out in WAC 480-62-999.

     (3) All violations of the above incorporated rules and statutes will be submitted to the Federal Railroad Administration for enforcement action pursuant to the State Safety Participation Program, 49 CFR Part 212.

[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), § 480-62-200, filed 1/30/01, effective 3/2/01.]

OTS-4458.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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 ((June 30, 2010)) September 30, 2011.

     (b) This publication is referenced in WAC 480-62-160 (Compliance policy), WAC 480-62-200 (Roadway worker safety and operating rules and statutes), WAC 480-62-205 (Track safety standards), WAC 480-62-210 (Crossing signal circuitry), WAC 480-62-215 (Hazardous materials regulations), WAC 480-62-235 (Flaggers), and WAC 480-62-240 (Passenger carrying vehicles -- Equipment).

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

     (2) Manual on Uniform Traffic Control Devices, cited as Manual on Uniform Traffic Control Devices, or MUTCD, is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on ((June 30, 2010)) September 30, 2011.

     (b) This publication is referenced in WAC 480-62-230 (Traffic control devices) and WAC 480-62-235 (Flaggers).

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

     (3) ANSI Z308.1 - 2009 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 ((June 30, 2010)) September 30, 2011.

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

     (c) Copies of ANSI Z308.1 - 2009 American National Standard for Minimum Requirements for Workplace First Aid Kits are available from Global Engineering Documents in Englewood, Colorado.

     (4) ANSI/ISEA 207-2006 - American National Standard for High-Visibility Public Safety Vests is published by the American National Standards Institute.

     (a) The commission adopts the version in effect on ((June 30, 2010)) September 30, 2011.

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

     (c) Copies of ANSI/ISEA 207-2006 - American National Standard for High-Visibility Public Safety Vests 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. 11-04-041 (Docket A-101466, General Order R-562), § 480-62-999, filed 1/25/11, effective 2/25/11; 10-03-044 (Docket A-091124, General Order R-557), § 480-62-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-62-999, filed 12/23/08, effective 1/23/09; 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-4459.1


AMENDATORY SECTION(Amending Docket No. TG-990161, General Order No. R-479, filed 3/23/01, effective 4/23/01)

WAC 480-70-431   Biomedical waste, adoption of federal regulations.   (1) Companies transporting biomedical waste must comply with all federal, state and local laws and rules governing such transportation. Companies must also comply with Parts ((170)) 171 through ((189)) 180 of Title 49, Code of Federal Regulations (49 CFR), that are adopted by reference. Information about 49 CFR regarding the version adopted and where to obtain copies is set out in WAC 480-70-999.

     (2) Any company transporting waste, that meets either federal or state criteria as biomedical waste, must handle and transport that waste according to the appropriate requirements of the federal hazardous materials regulations and the additional requirements in these rules.

[Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. 01-08-021(Docket No. TG-990161, General Order No. R-479), § 480-70-431, filed 3/23/01, effective 4/23/01.]

OTS-4460.1


AMENDATORY SECTION(Amending Docket No. TG-990161, General Order No. R-479, filed 3/23/01, effective 4/23/01)

WAC 480-70-486   Hazardous waste, adoption of federal regulations.   (1) Companies transporting hazardous waste must comply with all federal, state and local laws and rules governing such transportation. Companies must also comply with Parts ((170)) 171 through ((189)) 180 of Title 49, Code of Federal Regulations (49 CFR) that are adopted by reference. Information about 49 CFR regarding the version adopted and where to obtain copies is set out in WAC 480-70-999.

     (2) Any company transporting waste that meets either federal or state criteria as hazardous waste must handle and transport that waste according to the appropriate requirements of the federal hazardous materials regulations and the additional requirements in these rules.

[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), § 480-70-486, filed 3/23/01, effective 4/23/01.]

OTS-4485.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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, ((2010)) 2011.

     (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)) September 30, 2011.

     (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 ((June 30, 2010, except that for 49 CFR Part 40, the commission adopts the version in effect on October 1, 2010)) September 30, 2011.

     (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. 11-04-041 (Docket A-101466, General Order R-562), § 480-70-999, filed 1/25/11, effective 2/25/11; 09-01-171 (Docket A-081419, General Order R-554), § 480-70-999, filed 12/23/08, effective 1/23/09; 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-4461.2


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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, ((2010)) 2011.

     (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 (Procedural manual for operations, maintenance, and emergencies).

     (c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/.

     (2) The American Society of Mechanical Engineers (ASME) B31.4, 2006 edition, October 20, 2006.

     (a) This publication is referenced in WAC 480-75-350 (Design specifications for new pipeline projects), WAC 480-75-440 (Pipeline repairs), and WAC 480-75-450 (Construction specifications).

     (b) Copies of ASME B31.4 are available from ASME, http://www.asme.org/codes/. It is also available for inspection at the commission.

     (3) The 2007 edition, July 2007, of Section IX of the ASME Boiler and Pressure Vessel Code.

     (a) This publication is referenced in WAC 480-75-430 (Welding procedures).

     (b) Copies of the ((2004)) 2007 edition, ((including addenda through July 1, 2005,)) of Section IX of the ASME Boiler and Pressure Vessel Code are available from ASME, http://www.asme.org/codes/. It is also available for inspection at the commission.

     (4) The commission adopts American Petroleum Institute (API) standard 1104 (20th edition ((2007)) 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 (((19th edition 1999 including errata October 31, 2001; and)) 20th edition ((2007)) 2005, including errata/addendum July 2007 and errata December 2008) are available from the Office of API Publishing Services, http://www.api.org/. It is also available for inspection at the commission.

     (5) The commission adopts API RP standard 1117 Third Edition, July 2008, including errata December 2008.

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

     (b) Copies of API standard 1117 Third Edition, July 2008, including errata December 2008 are available from API, http://www.api.org/.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 11-04-041 (Docket A-101466, General Order R-562), § 480-75-999, filed 1/25/11, effective 2/25/11; 10-03-044 (Docket A-091124, General Order R-557), § 480-75-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-75-999, filed 12/23/08, effective 1/23/09. 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-4462.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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, ((2010)) 2011.

     (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. 11-04-041 (Docket A-101466, General Order R-562), § 480-90-999, filed 1/25/11, effective 2/25/11; 09-01-171 (Docket A-081419, General Order R-554), § 480-90-999, filed 12/23/08, effective 1/23/09; 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-4463.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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, ((2010)) 2011, 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 CAR § 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) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/. It is also available for inspection at the commission.

     (2) Section IX of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code.

     (a) The commission adopts the 2007 edition, July 1, 2007, of Section IX of the ASME Boiler and Pressure Vessel Code.

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

     (c) Copies of Section IX of the ASME Boiler and Pressure Vessel Code (((2004)) 2007 edition, including addenda through July 1, 2005) are available from ASME, http://www.asme.org/codes/. It is also available for inspection at the commission.

     (3) The American Petroleum Institute (API) standard 1104 (20th edition ((2007)) October 2005, including errata/addendum July 2007 and errata 2 (2008)).

     (a) The commission adopts the 20th edition ((2007)) 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 (((19th edition 1999, including errata October 31, 2001; and)) 20th edition ((2007)) 2005, including errata/addendum July 2007 and errata December 2008) are available from the Office of API Publishing Services, http://www.api.org/. It is also available for inspection at the commission.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 11-04-041 (Docket A-101466, General Order R-562), § 480-93-999, filed 1/25/11, effective 2/25/11; 10-03-044 (Docket A-091124, General Order R-557), § 480-93-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-93-999, filed 12/23/08, effective 1/23/09. 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-4464.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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, ((2010)) 2011.

     (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 2011 edition.

     (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 2008.

     (b) This publication is referenced in WAC 480-100-318 (Meter readings, multipliers, and test constants), WAC 480-100-338 (Accuracy requirements for electric meters), and WAC 480-100-343 (Statement of meter test procedures).

     (c) The ANSI C12.1 is a copyrighted document. 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. 11-04-041 (Docket A-101466, General Order R-562), § 480-100-999, filed 1/25/11, effective 2/25/11; 10-03-044 (Docket A-091124, General Order R-557), § 480-100-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-100-999, filed 12/23/08, effective 1/23/09; 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-4465.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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 2011 edition.

     (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)) Electrical Safety Code (NESC).

     (a) The commission adopts the ((version published in 2007)) 2012 edition.

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

     (c) Copies of the National ((Electric)) Electrical Safety Code are available from the Institute of Electrical and Electronics Engineers at http://standards.ieee.org/nesc.

     (3) Institute of Electrical and Electronics Engineers (IEEE) Standard 1547, Standard for Interconnecting Distributed Resources with Electric Power Systems.

     (a) The commission adopts the version published in 2003 and reaffirmed in 2008.

     (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) 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.

     (5) Institute of Electrical and Electronics Engineers (IEEE) Standard 519, Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems.

     (a) The commission adopts the version published in ((1992)) 2004.

     (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.

     (6) Institute of Electrical and Electronics Engineers (IEEE) Standard 141, Recommended Practice for Electric Power Distribution for Industrial Plants.

     (a) The commission adopts the version published in 1994 and reaffirmed in 1999.

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

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

     (7) Institute of Electrical and Electronics Engineers (IEEE) Standard 142, Recommended Practice for Grounding of Industrial and Commercial Power Systems.

     (a) The commission adopts the version published in 2007.

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

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

     (8) Underwriters Laboratories (UL), including UL Standard 1741, Inverters, Converters, ((and)) Controllers and Interconnection Systems Equipment for Use ((in Independent Power Systems)) with Distributed Energy Resources.

     (a) The commission adopts the version published in 2010.

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

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

     (9) 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.

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

     (a) The commission adopts the version in effect on September 1, 2010.

     (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, 80.04.160, 81.04.160, and 34.05.353. 11-04-041 (Docket A-101466, General Order R-562), § 480-108-999, filed 1/25/11, effective 2/25/11; 10-03-044 (Docket A-091124, General Order R-557), § 480-108-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-108-999, filed 12/23/08, effective 1/23/09. 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-4466.1


AMENDATORY SECTION(Amending Docket A-101466, General Order R-562, filed 1/25/11, effective 2/25/11)

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 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 2008.

     (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 (ANSI/IEEE Std ((820-1984)) 820-2005) is published by the ANSI and the IEEE.

     (a) The commission adopts the version in effect 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, 2007)) August 1, 2011.

     (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.

     (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 October 1, 1998.

     (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 except for WAC 480-120-359 and 480-120-349, the commission adopts the version of the relevant sections in effect on October 1, 2010.

     (c) The 1998 version of CFR Title 47 is available on-line in pdf format via GPO Access and the National Archives and Records Administration at www.gpoaccess.gov/cfr/index.html.

     (d) The 2010 version of CFR Title 47 is 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. 11-04-041 (Docket A-101466, General Order R-562), § 480-120-999, filed 1/25/11, effective 2/25/11. Statutory Authority: RCW 80.01.040 and 80.04.160. 10-07-094 (Docket A-091124, General Order R-558), § 480-120-999, filed 3/19/10, effective 4/19/10. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-120-999, filed 12/23/08, effective 1/23/09; 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-4467.1


AMENDATORY SECTION(Amending Docket A-081419, General Order R-554, filed 12/23/08, effective 1/23/09)

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 ((February 5, 2007)) January 1, 2011.

     (3) This publication is referenced in WAC 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.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-123-999, filed 12/23/08, effective 1/23/09. 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