STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 99-14-079, filed with the code reviser on July 7, 1999. The commission brings this proceeding pursuant to RCW 34.05.310, 34.05.356, 80.01.040, 80.04.160, and 80.04.160 [81.04.160].

STATEMENT OF COMPLIANCE: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 34.21C [43.21C] RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

DATE OF ADOPTION: The commission adopted this rule on September 22, 1999.

CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: Periodically, the commission updates references to federal law and to other universal standards so that the state's regulations are as close as reasonably possible, consistent with Washington state needs, to the regulations enforced by the federal government and other states. These amendments update the commission's existing rules that have previously adopted regulations found in the Code of Federal Regulations and the Commercial Vehicle Safety Alliance's North American Out-of-Service Criteria to reflect a consistent application throughout the administrative code of recent versions of those resources. The amendments adopt federal pipeline safety regulations in effect on September 7, 1999; federal transportation regulations in effect on October 1, 1998, and the out of service criteria in effect on April 1, 1999.

For the majority of the transportation industries, the commission chose the dates of October 1, 1998, for the Code of Federal Regulations and April 1, 1999, for the Commercial Vehicle Safety Alliance's North American Out-of-Service Criteria because those dates reflect the most recent publication of a complete title or manual, and both compliance and enforcement are therefore rendered more simple through use of the printed volume. However, for pipeline safety the commission wants the most up-to-date rules feasible. Therefore, the adoption by reference date in chapters 480-75 and 480-93 WAC is September 7, 1999.

REFERENCE TO AFFECTED RULES: This action amends the following sections of the Washington Administrative Code:

WAC 480-14-060 Adoption by reference defined.

WAC 480-15-040 Adoption by reference.

WAC 480-30-015 Adoption by reference defined.

WAC 480-31-100 Equipment--Safety.

WAC 480-31-120 Equipment--Inspection--Ordered for repairs.

WAC 480-31-140 Safety inspections.

WAC 480-40-015 Adoption by reference defined.

WAC 480-62-090 Hazardous materials regulations.

WAC 480-70-055 Adoption by reference defined.

WAC 480-75-005 Compliance with federal standards.

WAC 480-93-010 Compliance with federal standards.

PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: No preproposal statement of inquiry was filed because this proposal is exempt from the requirement to issue a preproposal statement of inquiry (CR-101) pursuant to RCW 34.05.356 (1)(b) which states that a preproposal inquiry is not required if the proposed rule change adopts by incorporating by reference without material change federal statutes or regulations or consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule. This rule making meets these criteria.

NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of expedited adoption--Proposed rule making (CR-102XA) on July 7, 1999, at WSR 99-14-079. The notice included the following language: This rule is being proposed to be adopted using 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 rule being adopted using the expedited rule-making process, you must express your objections in writing to Carole J. Washburn, Secretary, at Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250 or e-mail to records@wutc.wa.gov.

Pursuant to RCW 34.05.356(3), the commission sent a copy of the notice of the proposed expedited rule making to those people who have identified themselves as having an interest in rule makings affecting the relevant industries. The commission also sent the notice to transportation associations, pipeline companies, and consumer groups.

COMMENTERS (WRITTEN COMMENTS): The commission received one objection, jointly from the Union Pacific Railroad Company and the Burlington Northern and Santa Fe Railway Company regarding the hazardous materials regulations but the objection was withdrawn prior to adoption of the rules.

RULE-MAKING HEARING: This matter is exempt under RCW 34.05.356(6) from the requirement of a rule-making hearing. The commission held no such hearing.

CHANGES FROM PROPOSAL: The commission adopts the proposal with no changes from the text noticed at WSR 99-14-079.

STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire file in this matter, the commission determines that WAC 480-14-060, 480-15-040, 480-30-015, 480-31-100, 480-31-120, 480-31-130, 480-31-140, 480-40-015, 480-62-090, 480-70-055, 480-75-005, and 480-93-010 should be amended and adopted to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 12, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, 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.

1. WAC 480-14-060, 480-15-040, 480-30-015, 480-31-100, 480-31-120, 480-31-130, 480-31-140, 480-40-015, 480-62-090, 480-70-055, 480-75-005, and 480-93-010 should be amended and adopted to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).

2. This order and the rules set out below, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.

DATED at Olympia, Washington this 23rd day of September, 1999.

Washington Utilities and Transportation Commission

Marilyn Showalter, Chair

William R. Gillis, Commissioner

OTS-3254.1

AMENDATORY SECTION(Amending Order R-435, Docket No. TV-941290, filed 11/22/95, effective 12/23/95)

WAC 480-14-060
Adoption by reference defined.

Where referred to in this chapter, the following definitions shall apply:

(1) "North American Uniform Out-of-Service Criteria" published by Commercial Vehicle Safety Alliance (CVSA) refers to the version in effect on ((May 1, 1995)) April 1, 1999.

(2) "Title 49 Code of Federal Regulations," cited as 49 CFR, includes the regulations and all appendices and amendments in effect on ((April 1, 1995)) October 1, 1998.

(3) The documents are available for public inspection at the commission branch of the Washington state library, located with the headquarters office of the commission.  A copy of either document may be obtained upon request from the commission secretary, subject to any pertinent charge.  The Code of Federal Regulations is also available from the Government Printing Office, Seattle office.

[Statutory Authority: RCW 80.01.040 and 34.05.350.  95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-060, filed 11/22/95, effective 12/23/95.]

OTS-3255.1

AMENDATORY SECTION(Amending Order R-454, Docket No. TV-971477, filed 12/15/98, effective 1/15/99)

WAC 480-15-040
Adoption by reference.

We have adopted by reference the following publications:

(1) "North American Uniform Out-of-Service Criteria" published by The Commercial Vehicle Safety Alliance, in effect on April 1, ((1998)) 1999.

(2) The sections of "Title 49 Code of Federal Regulations," cited as 49 CFR, listed below, including all regulations and appendices and amendments to those sections in effect on October 1, 1998:

(a) 49 CFR Part 382: Controlled Substance and Alcohol Use and Testing;

(b) 49 CFR Part 383: Commercial Driver's License Standards; Requirements and Penalties;

(c) 49 CFR Part 390: Safety Regulations, General;

(d) 49 CFR Part 391: Qualification of Drivers;

(e) 49 CFR Part 392: Driving of Motor Vehicles;

(f) 49 CFR Part 393: Parts and Accessories Necessary for Safe Operations;

(g) 49 CFR Part 395: Hours of Service of Drivers;

(h) 49 CFR Part 396: Inspection, Repair, and Maintenance; and

(i) 49 CFR Part 397: Transportation of Hazardous Materials; Driving and Parking.

[Statutory Authority: RCW 81.04.160 and 80.01.040.  99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-040, filed 12/15/98, effective 1/15/99.]

OTS-3256.1

AMENDATORY SECTION(Amending Order R-420, Docket No. T-940457, filed 6/23/94, effective 7/24/94)

WAC 480-30-015
Adoption by reference defined.

Where referred to in this chapter, the following definitions shall apply:

(1) "North American Uniform Out-of-Service Criteria" published by Commercial Vehicle Safety Alliance (CVSA) refers to the version in effect on ((May 16, 1994)) April 1, 1999.

(2) "Title 49 Code of Federal Regulations", cited as 49 CFR, includes the regulations and all appendices and amendments in effect on ((April 1, 1994)) October 1, 1998.

(3) The documents are available for public inspection at the commission branch of the Washington state library, located with the headquarters offices of the commission.  A copy of either document may be obtained upon request from the commission secretary, subject to any pertinent charge.  The Code of Federal Regulations is also available from the Government Printing Office, Seattle office.

[Statutory Authority: RCW 80.01.040.  94-14-014 (Order R-420, Docket No. T-940457), § 480-30-015, filed 6/23/94, effective 7/24/94; 93-15-035 (Order R-392, Docket No. T-921165), § 480-30-015, filed 7/13/93, effective 8/13/93; 92-02-082 (Order R-357, Docket No. TC-900481), § 480-30-015, filed 12/31/91, effective 1/31/92.]

OTS-3257.1

AMENDATORY SECTION(Amending Order R-440, Docket No. TC 961102, filed 3/27/97, effective 4/27/97)

WAC 480-31-100
Equipment--Safety.

In addition to other laws and regulations of this state, all providers must comply with the following:

The rules and regulations governing motor carrier safety prescribed by the United States Department of Transportation in Title 49, Code of Federal Regulations, part 392 (Driving of Motor Vehicles), part 393 (Parts and Accessories Necessary for Safe Operation), part 396 (Inspection, Repair and Maintenance), and part 397 (Transportation of Hazardous Materials; Driving and Parking rules).

The commission adopts by reference the provisions of federal rules ((cited in this section)) in effect on October 1, 1998.  The material incorporated by reference in this section is available for public examination in the Washington utilities and transportation commission branch of the Washington state library associated with the commission's headquarters office in Olympia and is available for purchase at the Seattle office of the government printing office.

[Statutory Authority: RCW 80.01.040 and chapter 80.01 RCW.  97-08-037 (Order R-440, Docket No. TC 961102), § 480-31-100, filed 3/27/97, effective 4/27/97.]

(1) All motor vehicles operated by providers must be maintained in a safe and sanitary condition.  They must at all times be subject to inspection by the commission and its duly authorized representatives who will have power to order out-of-service any vehicle failing to meet the standards set forth in this section, or if not being operated in compliance with state laws in regard to equipment or method.

(2) Every provider must ensure that all its vehicles are regularly inspected, repaired and maintained, as required by the United States Department of Transportation in Title 49, Code of Federal Regulations, part 396 (Inspection, Repair and Maintenance).

(3) All vehicle parts and accessories must be in safe and proper working condition at all times.

(4) Equipment standards.  The purpose of this subsection is to identify critical vehicle inspection items and provide criteria for placing a vehicle(s) in an out-of-service category.  The criteria for out-of-service condition are those defined in the current North American Uniform Out-Of-Service Criteria.

Out-of-service condition.  When any motor vehicle(s) is in out-of-service condition, no provider will require nor will any person operate such motor vehicle until all required repairs have been satisfactorily completed. The commission adopts by reference the "North American Uniform Out-of-Service Criteria" published by the Commercial Vehicle Safety Alliance in effect on April 1, 1999. These documents may be viewed at the Washington utilities and transportation commission branch of the Washington state library.

[Statutory Authority: RCW 80.01.040 and chapter 80.01 RCW.  97-08-037 (Order R-440, Docket No. TC 961102), § 480-31-120, filed 3/27/97, effective 4/27/97.]

(1) All motor vehicles must be operated in accordance with the requirements of existing state laws and no driver or operator will operate the same in any other than a careful and prudent manner, nor at any greater speed than is reasonable or proper, having due regard to the traffic and use of the highways by others, or so as to endanger the life and limb of any person.

(2) Qualification of drivers.  The rules and regulations governing qualifications of drivers prescribed by the United States Department of Transportation in Title 49, Code of Federal Regulations, part 391 (Qualifications of Drivers), are adopted and prescribed by the commission to be observed by all providers.  Vehicles meeting the definition of a commercial motor vehicle must also comply with part 382 (Controlled Substances and Alcohol Use and Testing), and part 383 (Commercial Driver's License Standards; Requirements and Penalties).

(3) The rules and regulations relating to drivers' logs and drivers' hours of service adopted by the United States Department of Transportation in Title 49, Code of Federal Regulations, part 39 (Hours of Service of Drivers), are adopted and prescribed by the commission.

(4) No driver or operator of a motor vehicle carrying passengers may smoke any cigar, cigarette, tobacco or other substance in such vehicle while driving the vehicle.

(5) No driver or operator of any motor vehicle will permit smoking on said vehicle by passengers or other persons.

Suitable signs, of sufficient size and number to adequately inform passengers, must be placed in buses to inform passengers that smoking is not permitted in the motor vehicle.

(6) No driver or operator of a motor vehicle will create any disturbance or unnecessary noise to attract persons to the vehicle.

(7) The driver or operator of any motor vehicle may refuse to carry any person who is in an intoxicated condition or conducting themselves in an unreasonably boisterous or disorderly manner or is using profane language, or whose condition is such as to be obnoxious to other passengers.  A driver is responsible for the comfort and safety of passengers and should be constantly on the alert for and immediately correct any act of misconduct on the part of occupants of the vehicle.

(8) The commission adopts by reference the provisions of federal rules cited in this section in effect on October 1, 1998.  The material incorporated by reference in this section is available for public examination in the Washington utilities and transportation commission branch of the Washington state library associated with the commission's headquarters office in Olympia and is available for purchase at the Seattle office of the government printing office.

[Statutory Authority: RCW 80.01.040 and chapter 80.01 RCW.  97-08-037 (Order R-440, Docket No. TC 961102), § 480-31-130, filed 3/27/97, effective 4/27/97.]

All providers must keep on file in their main office, subject to inspection by an authorized representative of the commission, or subject to provision to the commission upon request:

(1) Description of each vehicle used, including make, serial number, and year.  If the provider does not own the vehicle, the records must show the name of the person providing the vehicle;

(2) Driver's hours of service (duty status);

(3) Each driver's license number;

(4) Records of complaints, as required by WAC 480-31-090;

(5) Records of repair, inspection and maintenance, to include their date and type, as required by the United States Department of Transportation in Title 49, Code of Federal Regulations, part 396;

(6) The commission adopts by reference the provisions of federal rules cited in this section in effect on October 1, 1998.  The material incorporated by reference in this section is available for public examination in the Washington utilities and transportation commission branch of the Washington state library associated with the commission's headquarters office in Olympia and is available for purchase at the Seattle office of the government printing office.

[Statutory Authority: RCW 80.01.040 and chapter 80.01 RCW.  97-08-037 (Order R-440, Docket No. TC 961102), § 480-31-140, filed 3/27/97, effective 4/27/97.]

OTS-3258.1

AMENDATORY SECTION(Amending Order R-420, Docket No. T-940457, filed 6/23/94, effective 7/24/94)

WAC 480-40-015
Adoption by reference defined.

Where referred to in this chapter, the following definitions shall apply:

(1) "North American Uniform Out-of-Service Criteria" published by Commercial Vehicle Safety Alliance (CVSA) refers to the version in effect on ((May 16, 1994)) April 1, 1999.

(2) "Rules and regulations adopted by the United States Department of Transportation in Title 49 Code of Federal Regulations", cited as 49 CFR, includes the regulations and all appendices and amendments in effect on ((April 1, 1994)) October 1, 1998.

(3) The documents are available for public inspection at the commission branch of the Washington state library, located with the headquarters offices of the commission.  A copy of either document may be obtained upon request from the commission secretary, subject to any pertinent charge.  The Code of Federal Regulations is also available from the Government Printing Office, Seattle office.

[Statutory Authority: RCW 80.01.040.  94-14-014 (Order R-420, Docket No. T-940457), § 480-40-015, filed 6/23/94, effective 7/24/94; 93-15-035 (Order R-392, Docket No. T-921165), § 480-40-015, filed 7/13/93, effective 8/13/93; 92-02-082 (Order R-357, Docket No. TC-900481), § 480-40-015, filed 12/31/91, effective 1/31/92.]

OTS-3259.1

AMENDATORY SECTION(Amending Order R-413, Docket No. TR-940126, filed 5/4/94, effective 6/4/94)

WAC 480-62-090
Hazardous materials regulations.

(1) The rules and regulations governing hazardous materials prescribed by the United States Department of Transportation in Title 49, Code of Federal Regulations, parts 171 through 174, and parts 178 and 179, as well as and including all appendices and amendments thereto, in effect on ((January 1, 1992)) October 1, 1998, are adopted and prescribed by the commission to define hazardous materials for purposes of carriage by rail, and to state the precautions that must be observed in storage packaging, loading, and unloading such materials, and in maintaining, placarding, marking, and certifying railroad cars and equipment used in transporting such materials, and in the maintenance of shipping papers prepared in conjunction with transporting such materials.  The rules and regulations adopted and prescribed by this rule shall be observed by all railroad companies operating in this state.  A copy of the federal rules referenced in this chapter is available for inspection at the commission branch of the Washington state library, located in conjunction with the commission's headquarters office.  A copy may be obtained from the secretary of the commission, upon payment of any required fee, or from the United States government printing office, which operates a retail sales facility in Seattle, Washington.

(2) In addition to any accident reporting requirement now or hereafter prescribed by the commission, every railroad company operating in this state who reports to the United States Department of Transportation any incidents occurring in this state involving hazardous materials, shall send a copy of any such report to the commission.

[Statutory Authority: RCW 80.01.040.  94-11-003 (Order R-413, Docket No. TR-940126), § 480-62-090, filed 5/4/94, effective 6/4/94.  Statutory Authority: RCW 80.01.040 and 81.44.065.  82-05-020 (Order R-182, Cause No. TR-1579), § 480-62-090, filed 2/10/82.  Statutory Authority: RCW 80.011.040 [80.01.040] and 81.44.065.  81-10-019 (Order R-164, Cause No. TR-1458), § 480-62-090, filed 4/27/81.]

OTS-3260.1

AMENDATORY SECTION(Amending Order R-419, Docket No. TG-940456, filed 6/23/94, effective 7/24/94)

WAC 480-70-055
Adoption by reference defined.

Where referred to in this chapter, the following definitions shall apply:

(1) "North American Uniform Out-of-Service Criteria" published by Commercial Vehicle Safety Alliance (CVSA) refers to the version in effect on ((May 16, 1994)) April 1, 1999.

(2) "Title 49 Code of Federal Regulations", cited as 49 CFR, includes the regulations and all appendices and amendments in effect on ((April 1, 1994)) October 1, 1998.

(3) The documents are available for public inspection at the commission branch of the Washington state library, located with the headquarters offices of the commission.  A copy of either document may be obtained upon request from the commission secretary, subject to any pertinent charge.  The Code of Federal Regulations is also available from the Government Printing Office, Seattle office.

[Statutory Authority: RCW 80.01.040.  94-14-011 (Order R-419, Docket No. TG-940456), § 480-70-055, filed 6/23/94, effective 7/24/94; 93-15-035 (Order R-392, Docket No. T-921165), § 480-70-055, filed 7/13/93, effective 8/13/93; 92-02-081 (Order R-356, Docket No. TG-900482), § 480-70-055, filed 12/31/91, effective 1/31/92.]

OTS-3261.1

AMENDATORY SECTION(Amending Order R-456, Docket No. TO-980905, filed 12/30/98, effective 1/30/99)

WAC 480-75-005
Compliance with federal standards.

Hazardous liquid pipeline companies transporting gasoline, oil, petroleum, or hazardous liquids in this state shall design, construct, maintain, and operate pipeline facilities in compliance with the provisions of 49 CFR, Parts 195 and 199, in effect on ((the effective date of this rule)) September 7, 1999. The provision in this chapter shall govern to the extent that the standards in the state regulations are compatible with the federal standards.  The incorporation of 49 CFR, Part 195, Subpart B, Reporting Accidents and Safety-Related Conditions, is revised as follows:

1.	Include "Washington Utilities and Transportation Commission" where "Administrator, Office of Pipeline Safety, Research and Special Programs Administration, or Department of Transportation" appear.
2.	Include "Washington Utilities and Transportation Commission Pipeline Safety Section, at its office at 1300 S. Evergreen Park Drive SW, P.O. Box 47250, Olympia, Washington, 98504-7250," where telephone or addresses appear for the "Information Officer, Information Resources Manager, or Office of Pipeline Safety."

Copies of the above referenced regulations can be viewed at the commission branch of the Washington state library or are available from the Government Printing Office Bookstore, Seattle, Washington.

[Statutory Authority: RCW 80.01.040.  99-02-036 (Order R-456, Docket No. TO-980905), § 480-75-005, filed 12/30/98, effective 1/30/99.  Statutory Authority: RCW 80.01.040 and 80.04.010.  97-07-042 (Order R-439, Docket No. TO-960810), § 480-75-005, filed 3/14/97, effective 4/14/97.]

OTS-3262.1

AMENDATORY SECTION(Amending Order 457, Docket No. UG-980962, filed 12/30/98, effective 1/30/99)

WAC 480-93-010
Compliance with federal standards.

Gas companies' gathering, storage, distribution, and transmission facilities must be designed, constructed, maintained, and operated in compliance with the provisions of Title 49 Code of Federal Regulations (CFR), Parts 191, 192, 193 and 199 in effect on ((the effective date of this rule)) September 7, 1999.  The provisions of this chapter shall govern to the extent that the standards in the state regulations are compatible with the federal standards. Copies of the above referenced regulations can be viewed at the commission branch of the Washington state library or are available from the Government Printing Office Bookstore, Seattle, Washington.

[Statutory Authority: RCW 80.01.040.  99-02-037 (Order 457, Docket No. UG-980962), § 480-93-010, filed 12/30/98, effective 1/30/99.  Statutory Authority: RCW 80.01.040 and 80.28.210.  96-13-022 (Order R-437, Docket No. UG-951453), § 480-93-010, filed 6/10/96, effective 7/11/96; 95-13-082 (Order R-427, Docket No. UG-950061), § 480-93-010, filed 6/20/95, effective 7/21/95.  Statutory Authority: RCW 80.01.040.  93-18-097 (Order R-396, Docket No. UG-930243), § 480-93-010, filed 9/1/93, effective 10/2/93; 92-16-100 (Order R-375, Docket No. UG-911261), § 480-93-010, filed 8/5/92, effective 9/5/92; Order R-28, § 480-93-010, filed 7/15/71; Order R-5, § 480-93-010, filed 6/6/69, effective 10/9/69.]

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