EXPEDITED RULES
NATURAL RESOURCES
Title of Rule: WAC 332-24-301 Industrial restrictions.
Purpose: Regulates logging, land clearing, or other industrial operations that may start a forest fire. This proposal reduces these restrictions to allow certain types of equipment to operate. The amendment will allow the operation of an approved motorize carriage, which is new technology that will operate under high fire conditions without causing a fire.
Statutory Authority for Adoption: RCW 76.04.015.
Statute Being Implemented: RCW 76.04.325.
Summary: The current rule restricts cable yarding during a level three day as designated by the DNR regional manager. This proposal will amend the current rules so that approved motorized carriages may operate on a level three day.
Reasons Supporting Proposal: The industrial regulation have been adopted to restrict only those activities known to cause forest fires. The motorized slack pulling carriage is new technology that will operate under high fire conditions without causing forest fires. The proposed amendments have been the subject of a negotiated rule-making process.
Name of Agency Personnel Responsible for Drafting: Mark Gray, Olympia, Washington, (360) 902-1300; Implementation and Enforcement: Mark Kahley, Olympia, Washington, (360) 902-1300.
Name of Proponent: Washington State Department of Natural Resources, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 332-24-301 regulates the logging, land clearing and other industrial operations, which may cause a fire to start on or adjacent to forest lands through the use of industrial fire precaution levels. The current Industrial Fire Precaution Level 3 prohibits the use of motorized carriages in gravity operated logging systems. This amendment to WAC 332-24-301 (3)(a)(iii) allows the use of approved motorized carriages on an industrial fire precaution level three day. This will allow timber companies, logging operators and land owners more flexibility in choosing timber operation methods. During the closed season of 2003, sixty-six days or 36% of the operating days one or more of the state's shutdown zones were at a Level 3 so those timber operations using a motorized carriage were not allowed to work. This change would also increase the number of available working days for timber operators during the closed season.
Proposal Changes the Following Existing Rules: This
rule-making action proposes to amend WAC 332-24-301 as
explained above.
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 THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Heather White, Rules Coordinator, Washington Department of Natural Resources, P.O. Box 47015, Olympia, WA 98501 , AND RECEIVED BY June 7, 2004.
April 5, 2004
Ron Teissere
Acting Executive Director
of Regulatory Programs
OTS-7016.2
AMENDATORY SECTION(Amending WSR 96-21-094, filed 10/18/96,
effective 11/18/96)
WAC 332-24-301
Industrial restrictions.
(1) When in the
opinion of the regional manager, for the department's
administrative region, weather conditions arise which present
a hazard to lands protected by the department, whereby life
and property may be endangered, the regional manager, through
the authority granted the department in RCW 76.04.015 and
76.04.325, may designate industrial precaution levels thereby
regulating logging, land clearing or other industrial
operations which may cause a fire to start on or adjacent to
forest lands. The restrictions shall be for periods
designated and shall only affect those portions of the state
under the administrative jurisdiction of the area manager.
(2) In making a decision as to when restrictions or shutdowns should occur, the area manager shall utilize available information as to current and projected fire danger, current and projected weather, current fire activity and available resources for fire suppression.
(3) All persons performing logging, land clearing or other operations which may cause a fire to start on or adjacent to forest lands shall comply with the restrictions described in the designated industrial precaution level.
(a) The industrial fire precaution levels shall be:
(i) Level 1. Closed season - Fire precaution requirements are in effect. A fire watch/security is required at this and all higher levels unless otherwise waived.
(ii) Level 2. Partial hootowl - The following may operate only between the hours of 8 p.m. and 1 p.m. local time:
• Power saws except at loading sites;
• Cable yarding;
• Blasting;
• Welding or cutting of metal.
(iii) Level 3. Partial shutdown - The following are prohibited except as indicated:
• Cable yarding - except that gravity operated logging systems employing nonmotorized carriages or approved motorized carriages may operate between 8 p.m. and 1 p.m. when all block and moving lines, except for the line between the carriage and the chokers, are suspended ten feet above the ground;
• Power saws - except power saws may be used at loading sites and on tractor/skidder operations between the hours of 8 p.m. and 1 p.m. local time.
In addition, the following are permitted to operate between the hours of 8 p.m. and 1 p.m. local time:
• Tractor, skidder, feller-buncher, forwarder, or shovel logging operations where tractors, skidders, or other equipment with a blade capable of constructing fireline, are immediately available to quickly reach and effectively attack a fire start;
• Mechanized loading and hauling of any product or material;
• Blasting;
• Welding or cutting of metal.
(iv) Level 4. General shutdown - All operations are prohibited.
(b) The following definitions shall apply to these industrial fire precaution levels:
(i) "Loading sites" means a place where any product or material, including but not limited to logs, firewood, slash, soil, rock, poles, posts, etc., is placed in or upon a truck or other vehicle.
(ii) "Cable yarding systems" means a yarding system employing cables and winches in a fixed position.
(iii) "Approved motorized carriages" means a cable yarding system employing a motorized carriage with two fire extinguishers, each with at least a 5 BC rating, mounted securely on opposite sides of the carriage, an emergency motor cutoff, and an approved exhaust system.
(iv) "Low hazard area" means any area where the department has determined the combination of elements reduces the probability of fire starting and/or spreading.
(((iv))) (v) "Closed season" is that season of the year
when a fire hazard exists as declared by the department or
other responsible agency.
(c) A written waiver may be issued by the department for fire-safe activities in low-hazard areas.
(d) Where hauling involves transit through more than one shutdown/regulated use area, the precaution level at the woods loading site shall govern the level of haul restriction, unless otherwise prohibited by other than the industrial precaution level system.
[Statutory Authority: RCW 76.04.015 (4)(6). 96-21-094, § 332-24-301, filed 10/18/96, effective 11/18/96. Statutory Authority: RCW 76.04.015. 91-20-060 (Order 583), § 332-24-301, filed 9/24/91, effective 10/16/91; 87-11-005 (Order 504), § 332-24-301, filed 5/8/87.]