WSR 04-01-152

PERMANENT RULES

UTILITIES AND

TRANSPORTATION COMMISSION

[ General Order No. R-511, Docket No. A-030852 -- Filed December 22, 2003, 9:13 a.m. ]

     In the matter of amending several rules in TITLE 480 WAC, relating to adoption-by-reference date revisions and other minor administrative changes.

     1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 03-19-130 for an expedited rule making, filed with the code reviser on September 17, 2003. The commission brings this proceeding pursuant to RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353.

     2 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 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

     3 DATE OF ADOPTION: The commission adopts this rule on the date that this order is entered.

     4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325 requires that the commission prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must include the identification of the reasons for adopting the rule, a summary of the comments received regarding the proposed rule, and responses reflecting the commission's consideration of the comments.

     5 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda presented at the adoption hearing and at the open meetings where the commission considered whether to propose adoption of specific language. Together, the documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.

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


Rule Changes
Action WAC No. Rule Title Changes
Chapter 480-14 WAC, Motor carriers excluding household goods carriers and common brokers
Amend 480-14-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     North American Uniform Out-of-Service Criteria, April 1, 2003, Title 49 Code of Federal Regulations, October 1, 2002.

2. Includes section titles in WAC references.

Chapter 480-15 WAC, Household goods carriers
Amend 480-15-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     North American Uniform Out-of-Service Criteria, April 1, 2003, Title 49 Code of Federal Regulations, October 1, 2002.

2. Includes section titles in WAC references.

Chapter 480-30 WAC, Auto transportation companies
Amend 480-30-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     North American Uniform Out-of-Service Criteria, April 1, 2003, Title 49 Code of Federal Regulations, October 1, 2002.

2. Includes section titles in WAC references.

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 Uniform Out-of-Service Criteria, April 1, 2003, Title 49 Code of Federal Regulations, October 1, 2002.

2. Includes section titles in WAC references.

Chapter 480-40 WAC, Passenger charter carriers
Amend 480-40-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     North American Uniform Out-of-Service Criteria, April 1, 2003, Title 49 Code of Federal Regulations, October 1, 2002.

2. Includes section titles in WAC references.

Chapter 480-62 WAC, Railroad companies -- Operations
Amend 480-62-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     Title 49 Code of Federal Regulations, October 1, 2002, MUTCD, January 29, 2003, WSDOT chapter 468-95 WAC, February 28, 2003, ANSI Z308.1, April 29, 2003, ANSI/ISEA 107, no change, Title 49 United States Code, no change.

2. Changes in subsection (4) and (4)(c) update the 1998 American National Standard for Minimum Requirements for the Workplace First Aid Kits to 2003 version.

3. Typographical change in subsection (3)(c) capitalizes Internet.

4. Removes reference to Internet address in subsections (4)(c) and (5)(c) for publication availability.

5. Includes section titles in WAC references.

Chapter 480-70 WAC, Solid waste collection companies
Amend 480-70-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     North American Uniform Out-of-Service Criteria, April 1, 2003, Title 40 Code of Federal Regulations, July 1, 2003, Title 49 Code of Federal Regulations, October 1, 2002.

2. Includes section titles in WAC references.

Chapter 480-75 WAC, Hazardous liquid, gas, oil and petroleum pipeline companies -- Safety
Amend

480-75-999

Adoption by reference. 1. Adoption by reference dates changed as follows:

     Title 49 Code of Federal Regulations - no change, The American Society of Mechanical Engineers (ASME) B31.4 - no change, Section IX, ASME Boiler and Pressure Vessel Code - no change, American Petroleum Institute (API), Standard 1104 - no change, API RP standard 1117 - no change.

2. Change in subsection (1)(b) corrects outdated WAC reference to 480-75-005 to read WAC 480-75-370, 480-75-630, and 480-75-660.

3. Includes section titles in WAC references.

Chapter 480-90 WAC, Gas companies -- Operations
Amend 480-90-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     Title 18 Code of Federal Regulations, April 1, 2003,1 NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - no change.

2. Typographical changes within section.

Chapter 480-100 WAC, Electric companies
Amend

480-100-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     Title 18 Code of Federal Regulations, April 1, 2003.1

     NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - no change.

     National Electrical Code - no change.

     ANSI C12.1, 2001 - no change.

2. Typographical changes within section.


     7 The accounting and reporting requirements in these rules do not affect treatment by this commission for ratemaking purposes.2

     8 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: A preproposal statement of inquiry is not required under RCW 34.05.353, "Expedited rule making."

     9 NOTICE OF EXPEDITED RULE MAKING: The commission filed notice of expedited rule making (CR-105) on September 17, 2003, at WSR 03-19-130. The notice informed interested persons that the rules were being proposed under an expedited rule-making process as required by RCW 34.05.353. The commission provided notice of its expedited rule making to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.353, and by sending notice to all companies affected by the adoption-by-reference rule proposal. The notice provided interested persons the opportunity to submit written comments to the commission not later than November 17, 2003. The commission posted the relevant rule-making information on its Internet website at www.wutc.wa.gov.

     10 COMMENTERS (WRITTEN COMMENTS): No comments were received on the proposed rules.

     11 RULE-MAKING HEARING: The rule proposal was considered for adoption, pursuant to the notice, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on November 26, 2003, before Chairwoman Marilyn Showalter, Commissioner Richard Hemstad and Commissioner Patrick J. Oshie. No interested person commented.

     12 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission amended the rules as proposed in the CR-105 at WSR 03-19-130.

     13 CHANGES FROM PROPOSAL: The commission adopted the proposal with minor housekeeping changes from the text noticed at WSR 03-19-130.

     14 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire record, the commission determines that WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-40-999, 480-62-999, 480-70-999, 480-75-999, 480-90-999, and 480-100-999 should be amended 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 0, 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 10, 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 18 C.F.R. Parts 201, 101, and 352, Federal Energy Regulatory Commission (FERC): Accounting and Reporting of Financial Instruments, Comprehensive Income, Derivatives and Hedging Activities, Effective January 6, 2003 (Docket No. RM 02-3-000). The FERC has amended the General Instructions of 18 C.F.R. Parts 201,101, and 352 to update the accounting and financial reporting requirements under its Uniform System of Accounts for jurisdictional public utilities and licensees, natural gas companies and oil pipeline companies.

2 WUTC v. Puget Sound Power & Light Company, Docket Nos. UE-921262, UE-920499, UE-920433, Fifteenth Supplemental Order (December 1993).


ORDER

     15 THE COMMISSION ORDERS That:

     16 WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-40-999, 480-62-999, 480-70-999, 480-75-999, 480-90-999, and 480-100-999 are amended 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.

     17 This order and the rules set out in Appendix A, 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 22nd day of December, 2003.

Washington Utilities and Transportation Commission

Marilyn Showalter, Chairwoman

Richard Hemstad, Commissioner

Patrick J. Oshie, Commissioner

OTS-6647.2


AMENDATORY SECTION(Amending Docket No. A-020379, General Order No. R-501, filed 8/26/02, effective 9/26/02)

WAC 480-14-999   Adoption of reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American Uniform 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, ((2002)) 2003.

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

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

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-14-040 (Definitions), WAC 480-14-070 (Federal regulations, 49 CFR, Part 390 -- General applicability and definitions), WAC 480-14-250 (Insurance requirements; cause for suspension or cancellation), WAC 480-14-360 (Equipment -- Inspection -- Ordered out-of-service for repairs), WAC 480-14-370 (Equipment -- Drivers -- Safety), WAC 480-14-380 (Hours of service -- On duty -- Federal safety regulations), WAC 480-14-390 (Hazardous materials regulations), and WAC 480-14-400 (Transportation of radioactive materials -- Driving and parking rules).

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 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-6648.2


AMENDATORY SECTION(Amending Docket No. A-020379, General Order No. R-501, filed 8/26/02, effective 9/26/02)

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 Uniform 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, ((2002)) 2003.

     (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 Bethesda, Maryland.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2001)) 2002.

     (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 Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 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-6649.2


AMENDATORY SECTION(Amending Docket No. A-020379, General Order No. R-501, filed 8/26/02, effective 9/26/02)

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 Uniform 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, ((2002)) 2003.

     (b) This publication is referenced in WAC 480-30-097 (Equipment -- Inspection -- Ordered for repairs) and WAC 480-30-100 (Operation of motor vehicles).

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

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-30-095 (Equipment -- Safety) and WAC 480-30-100 (Operation of motor vehicles).

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 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-6650.2


AMENDATORY SECTION(Amending Docket No. A-020379, General Order No. R-501, filed 8/26/02, effective 9/26/02)

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 Uniform 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, ((2002)) 2003.

     (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 Bethesda, Maryland.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-31-100 (Equipment -- Safety), WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs), WAC 480-31-130 (Operation of motor vehicles) and WAC 480-31-140 (Safety inspections).

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 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-6651.2


AMENDATORY SECTION(Amending Docket No. A-020379, General Order No. R-501, filed 8/26/02, effective 9/26/02)

WAC 480-40-999   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 Uniform 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, ((2002)) 2003.

     (b) This publication is referenced in WAC 480-40-065 (Equipment -- Inspection -- Ordered for repairs) and WAC 480-40-100 (Out-of-service criteria).

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

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-40-070 (Operation of motor vehicles) and WAC 480-40-075 (Equipment -- Safety) and WAC 480-40-110 (Registered carriers).

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-40-999, 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), § 480-40-999, filed 9/28/01, effective 10/29/01.]

OTS-6652.3


AMENDATORY SECTION(Amending Docket No. A-020379, General Order No. R-501, filed 8/26/02, effective 9/26/02)

WAC 480-62-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2001)) 2002.

     (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 Seattle Office of the Government Printing Office 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 January 29, ((2001)) 2003.

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

     (c) Copies of the MUTCD are available from the Seattle Office of the Government Printing Office and from various third-party vendors.

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

     (a) The commission adopts the version in effect on ((January 29, 2001)) February 28, 2003.

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

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

     (4) ANSI Z308.1 - ((1998)) 2003 American National Standard for Minimum Requirements for Workplace First Aid Kits is published by the American National Standards Institute.

     (a) The commission adopts the version in effect on ((December 31, 1998)) April 29, 2003.

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

     (c) Copies of ANSI Z308.1 - ((1998)) 2003 American National Standard for Minimum Requirements for Workplace First Aid Kits are available from the American National Standards Institute, 11 West 42nd Street, ((NY, NY)) New York, New York, 10036 ((or on the internet website for the American National Standards Institute (http://web.ansi.org/))).

     (5) ANSI/ISEA 107-1999 - American National Standard for High-Visibility Safety Apparel is published by the American National Standards Institute.

     (a) The commission adopts the version in effect on January 29, 2001.

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

     (c) Copies of ANSI/ISEA 107-1999 - American National Standard for High-Visibility Safety Apparel are available from the American National Standards Institute, 11 West 42nd Street, ((NY, NY)) New York, New York, 10036 ((or on the internet website for the American National Standards Institute (http://web.ansi.org/))).

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

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

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

     (c) Copies of Title 49 United States Code are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 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-6653.2


AMENDATORY SECTION(Amending Docket No. A-020379, General Order No. R-501, filed 8/26/02, effective 9/26/02)

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 Uniform Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2002)) 2003.

     (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 Bethesda, Maryland.

     (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, ((2002)) 2003.

     (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 Government Printing Office and from various third-party vendors.

     (3) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2001)) 2002.

     (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 Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 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-6654.3


AMENDATORY SECTION(Amending Docket No. TO-000712, General Order No. R-500, filed 8/26/02, effective 9/26/02)

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 195.0, 195.1, 199.1 and 199.2 published by the United States Government Printing Office.

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

     (b) This publication is referenced in WAC ((480-75-005)) 480-75-370 (Design factor (F) for steel pipe), WAC 480-75-630 (Incident reporting), and WAC 480-75-660 (Operations safety plan requirements).

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

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

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

     (b) Copies of ASME B31.4 are available from The American Society of Mechanical Engineers, Park Avenue New York, New York.

     (3) The 2001 edition of Section IX of the ASME Boiler and Pressure Vessel Code.

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

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

     (4) The commission adopts American Petroleum Institute (API) standard 1104 18th edition.

     (a) This publication is referenced in WAC 480-75-430((,)) (Welding procedures) and WAC 480-75-460 (Welding inspection requirements).

     (b) Copies of API standard 1104 18th edition are available from the Office of API Publishing Services in Washington DC.

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

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

     (b) Copies of API standard 1117 Second Edition are available from the Office of API Publishing Services in Washington DC.

[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-6655.2


AMENDATORY SECTION(Amending Docket No. A-020379, General Order No. R-501, filed 8/26/02, effective 9/26/02)

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, ((2002)) 2003.

     (b) This publication is referenced in WAC 480-90-203((,)) (Accounting system requirements((,))) and WAC 480-90-208((,)) (Financial reporting requirements).

     (c) Copies of 18 CFR are available from the U.S. Government Printing Office in Pittsburgh, Pennsylvania.

     (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. 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-6656.2


AMENDATORY SECTION(Amending Docket No. A-020379, General Order No. R-501, filed 8/26/02, effective 9/26/02)

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, ((2002)) 2003.

     (b) This publication is referenced in WAC 480-100-203((,)) (Accounting system requirements) and WAC 480-100-208((,)) (Financial reporting requirements((;))).

     (c) Copies of 18 CFR are available from the U.S. Government Printing Office in Pittsburgh, Pennsylvania.

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

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

     (b) This publication is referenced in WAC 480-100-228((,)) (Retention and preservation of records and reports).

     (c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC((,)) in Washington, D.C.((;))

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

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

     (b) This publication is referenced in WAC 480-100-163((,)) (Service entrance facilities((;))).

     (c) The National Electrical Code is a copyrighted document. Copies are available from the NFPA((,)) in Quincy, Massachusetts.

     (4) The American National Standard for Electric Meters: Code for Electricity Metering, ANSI C12.1 is published by the American National Standards Institute.

     (a) The commission adopts the version published in 2001.

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

     (c) The ANSI C12.1 is a copyrighted document. Copies are available from Global Engineering Documents in Englewood, Colorado.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 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.]