1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (commission) takes this action under Notice No. WSR 09-20-099 for an expedited rule making, filed with the code reviser on October 7, 2009. 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 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(6) requires the commission to prepare and publish a concise explanatory statement about an adopted rule. The statement must identify the commission's reasons for adopting the rule, describe the differences between the version of the proposed rules published in the register and the rules as adopted (other than editing changes), a summary of the comments received regarding the proposed rule changes, and state the commission's responses to the comments, reflecting the commission's consideration of them.

     5 To avoid unnecessary duplication in the record of this docket, the commission designates the discussion in this Order, including Appendix A, as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda preceding the filing of the CR-105 proposal and the adoption order. 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, revising references to federal rules and national standards included in adoption by reference sections in several chapters of commission rules:

Chapter 480-62 WAC, Railroad companies -- Operations.
Amend	WAC 480-62-235	Flaggers.	1. Adoption by reference changed as follows:      •     American National Standards for High-Visibility Public Safety Vests ANSI/ISEA 207-2006           o     No significant changes - new ANSI standard for safety equipment that is already required by current language.
Amend	WAC 480-62-240	Passenger carrying vehicles -- Equipment.	1. Adoption by reference changed as follows:      •     ANSI Z308.1-2009, Minimum Requirements for Workplace First Aid Kits - 2009 edition           o     No significant changes - new edition of previously adopted reference.
Amend	WAC 480-62-999	Adoption by reference.	1. Adoption by reference dates changed as follows:      •     Manual on Uniform Traffic Control Devices (MUTCD) - December 31, 2007 edition           o     No significant changes - new edition of previously adopted reference.      •     Washington state department of transportation rules - December 4, 2005 edition           o     No significant changes - new edition of previously adopted reference.      •     American National Standard for Minimum Requirements for Workplace First Aid Kits ANSI Z308.1 2009 - May 31, 2009 edition           o     No significant changes - new edition of previously adopted reference.
Chapter 480-75 WAC, Hazardous liquid pipelines -- Safety.
Amend	WAC 480-75-999	Adoption by reference.	1. Adoption by reference dates changed as follows:      •     Title 49 Code of Federal Regulations,           o     October 1, 2009 - Part 191                ▪     No significant changes - new edition of previously adopted reference.           o     October 1, 2009 - Part 195                ▪     No significant changes - new edition of previously adopted reference.      •     The American Society of Mechanical Engineers (ASME) B31.4 - 2002 edition           o     No significant changes - new edition of previously adopted reference.      •     Section IX of the ASME Boiler and Pressure Vessel Code - 2004 edition, including addenda through July 1, 2005           o     No significant changes - new edition of previously adopted reference.      •     American Petroleum Institute (API) standard 1104 - 19th edition 1999, including errata October 31, 2001; and 20th edition 2007, including errata 2008           o     No significant changes - new edition of previously adopted reference.      •     API RP standard 1117 - Third edition, July 2008, including errata December 2008           o     No significant changes - new edition of previously adopted reference.
Chapter 480-93 WAC, Gas companies -- Safety.
Amend	WAC 480-93-999	Adoption by reference.	1. Adoption by reference dates changed as follows:      •     Title 49 Code of Federal Regulations           o     October 1, 2009 - Part 191                ▪     No significant changes - new edition of previously adopted reference.           o     October 1, 2009 - Part 192                ▪     No significant changes - new edition of previously adopted reference.           o     October 1, 2009 - Part 193                ▪     No significant changes - new edition of previously adopted reference.           o     October 1, 2009 - Part 199                ▪     No significant changes - new edition of previously adopted reference.      •     Section IX of the ASME Boiler and Pressure Vessel Code - 2004 edition, including addenda through July 1, 2005           o     No significant changes - new edition of previously adopted reference.      •     American Petroleum Institute (API) standard 1104 - 19th edition 1999, including errata October 31, 2001; and 20th edition 2007, including errata 2008           o     No significant changes - new edition of previously adopted reference.
Chapter 480-100 WAC, Electric companies.
Amend	WAC 480-100-999	Adoption by reference.	1. Adoption by reference dates changed as follows:      •     ANSI C12.1, Code for Electricity Metering, 2001 - as of 2008           o     No significant changes - new edition of previously adopted reference.
Chapter 480-108 WAC, Electric companies -- Interconnection with electric generators.
Amend	WAC 480-108-999	Adoption by reference.	1. Adoption by reference changed as follows:      •     Institute of Electrical and Electronics Engineers (IEEE) Standard 929, Recommended Practice for Utility Interface of Photovoltaic (PV) Systems, published in 2000           o     Reference is repealed.
Chapter 480-120 WAC, Telecommunications companies.
Amend	WAC 480-120-401	Network performance standards.	1. Adoption by reference changed as follows:      •     American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services for Rates Up To and Including DS3 - Specifications" - (ANSI T1.510-1999) - as of December 29, 1999, and reaffirmed 2008           o     No significant changes - revised title of a previously adopted reference.

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

     8 NOTICE OF EXPEDITED RULE MAKING: The commission filed notice of expedited rule making (CR-105) on October 7, 2009, at WSR 09-20-099. The notice informed interested persons that the commission was considering a rule making to amend adoption-by-reference dates to reflect the most current published versions of adopted publications. 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 persons interested in the various industries. The notice provided interested persons the opportunity to submit written comments to the commission no later than December 8, 2009. The commission posted the relevant rule-making information on its internet web site at www.utc.wa.gov.

     9 COMMENTERS (WRITTEN COMMENTS): The commission received one comment, related to WAC 480-120-999, from Richard A. Finnigan on behalf of the Washington Independent Telecommunications Association. Under the expedited rule-making statute, RCW 34.05.353, if a written notice of objection to the expedited rule making is timely filed and is not withdrawn, the notice of proposed expedited rule making is considered a statement of inquiry (CR-101). In order to allow the remaining rules noticed at WSR 09-20-099 to go forward, the commission will proceed by adopting the rules noticed at WSR 09-20-099 with the exception of WAC 480-120-999, which will proceed to a proposed rule making (CR-102).

     10 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that is [it] should amend the rules as proposed in the CR-105 at WSR 09-20-099, except for WAC 480-120-999.

     11 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-62-235, 480-62-240, 480-62-999, 480-75-999, 480-93-999, 480-100-999, 480-108-999 and 480-120-401, 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 8, 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.

     13 The commission amends WAC 480-62-235, 480-62-240, 480-62-999, 480-75-999, 480-93-999, 480-100-999, 480-108-999 and 480-120-401, 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.

     14 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, 34.05 RCW and chapter 1-21 WAC.

     DATED at Olympia, Washington, January 14, 2010.

     WASHINGTON STATE UTILITIES AND TRANSPORTATION COMMISSION

Jeffrey D. Goltz, Chairman

Patrick J. Oshie, Commissioner

Philip B. Jones, Commissioner

OTS-2708.2

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

WAC 480-62-235   Flaggers.   (1) The rules in this section apply whenever a railroad company engages in the maintenance, repair, or construction of a grade crossing or grade separated crossing; however, they do not apply when flaggers are provided only because of a crossing signal malfunction or only because of inspections or repairs to a crossing signal system. The latter circumstances are covered by 49 CFR, Part 234. In addition, 49 CFR Part 234.5 recommends that railroad companies follow the requirements of Part VI of the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) to the extent possible. The commission further recommends that railroads also abide by the following rules to the extent possible in situations covered by 49 CFR Part 234.

     (2) Except as otherwise required in this section, traffic control devices, signs, barricades, and signaling methods must be set up and used by individuals trained in and familiar with the provisions of and according to the guidelines in the Manual on Uniform Traffic Control Devices, Part VI.

     (3) Flaggers are to be used only when other reasonable means of control will not adequately control traffic in work zones. It may be reasonable in some cases to close the road on which the crossing is located, but only if agreed to by the public authority responsible for the roadway.

     (4) Standards for high-visibility safety apparel.

     (a) While flagging during daylight hours, a flagger must, at a minimum, wear:

     - A high-visibility safety garment designed according to Class 2 specifications in ANSI/ISEA ((107-1999)) 207-2006, American National Standard((s)) for High-Visibility Public Safety ((Apparel)) Vests, specifically, a garment containing at least seven hundred seventy-five square inches of background material and two hundred one square inches of retroreflective material; and

     - A high-visibility hard hat.

     (b) While flagging at night, a flagger must, at a minimum, wear:

     - A high-visibility safety garment designed according to Class 2 specifications in ANSI/ISEA ((107-1999)) 207-2006 over white coveralls, or other coveralls or trousers designed according to ANSI/ISEA ((107-1999)) 207-2006 standards; and

     - A high-visibility hard hat that is marked with at least twelve square inches of reflectorized material providing three hundred sixty degrees of visibility.

     (c) While flagging during inclement weather, yellow rain gear, white rain gear, or rain gear designed according to ANSI/ISEA ((107-1999)) 207-2006 may be substituted for white coveralls.

     (5) Railroad companies must develop and use a method to ensure that whenever there is any potential hazard associated with motor vehicles, construction equipment, or on-track equipment, that flaggers have adequate warning of objects approaching from behind the flagger.

    

Note:	The following are some nonmandatory examples of methods that may be used to adequately warn flaggers:
	- Mount a mirror on the flagger's hard hat;
	- Use a motion detector with audible warning; or
	- Use a spotter.

     (6)(a) Railroad companies must conduct an on-site safety briefing for flaggers each time a flagger reports for duty, and also when job site conditions change significantly. The briefing must include applicable portions of the traffic control plan and any changes applicable during the flagger's shift. If not covered in the traffic control plan, the briefing must also include:

     - The flagger's role and location at the job site;

     - Motor vehicles and equipment in operation at the site;

     - Job site traffic patterns;

     - Communications and signals to be used between flaggers and equipment operators;

     - Expected train and other on-track equipment movements;

     - On-foot escape route; and

     - Other hazards specific to the job site.

     (b) When flaggers are used on a job site at a roadway allowing speeds of forty-five mph or more and the job will last more than one day, the railroad company must keep on the site a current site-specific traffic control plan. The purpose of this plan is to help move traffic through or around the construction zone in a way that protects the safety of the traveling public, pedestrians and workers. The plan must include, but is not limited to, such items as:

     - Sign use and placement;

     - Application and removal of pavement markings;

     - Construction;

     - Scheduling;

     - Methods and devices for delineation and channelization;

     - Placement and maintenance of devices;

     - Placement of flaggers;

     - Roadway lighting;

     - Traffic regulations; and

     - Surveillance and inspection.

     (7)(a) Where flaggers are used on roads allowing speeds of at least forty-five mph, the railroad company must provide an additional warning sign marked "BE PREPARED TO STOP."

     (b) This sign is in addition to those required by Part VI of the Manual on Uniform Traffic Control Devices. It should be placed between the last two warning signs in the series or on the opposite side of the road when used on undivided roads.

     (c) This additional sign does not increase the required advance warning area.

     (d) The purpose of this additional sign is to clearly point out that a flagger will be encountered and the driver should be prepared to stop.

     (8) To protect flaggers, railroad companies must ensure that:

     (a) Flagger workstations are illuminated at night and during inclement weather by floodlights. It is important to adequately illuminate the workstation without creating glare in the eyes of approaching drivers. The adequacy and proper placement of floodlights can best be determined by driving through and observing the workstation from each direction on the roadway.

     (b) Warning signs reflect the actual condition of the work zone. When not in use, warning signs should either be taken down or covered.

     (c) Flaggers are not assigned other duties while engaging in flagging activities.

     (d) Flaggers do not use devices (e.g., cell phones, pagers, or radio headphones) that may distract the vision, hearing, or attention of the flagger. Devices such as two-way radios used for communication between flaggers to direct traffic or ensure flagger safety are acceptable.

     (e) Flaggers receive appropriate breaks from flagging so they can remain attentive and alert.

     (9) Unless an emergency makes it impossible, before performing any work, railroad companies must coordinate all repair, maintenance, and construction work with the governing authority responsible for the road on which the crossing exists.

     (10) Information about Title 49 CFR, the Manual on Uniform Traffic Control Devices, and ANSI/ISEA ((107-1999)) 207-2006 regarding the versions adopted and where to obtain them is set out in WAC 480-62-999.

[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), § 480-62-235, filed 1/30/01, effective 3/2/01.]

     (a) Vehicles must comply with all applicable equipment requirements of Title 46 RCW.

     (b) Vehicles must have exhaust systems that prevent exposure of passengers to the vehicle's emissions.

     (c) Vehicles must have two external rear vision mirrors, one at each side of the cab. The mirrors must be firmly attached to the motor vehicle at a point where the driver is provided a view of the highway to the rear along both sides of the vehicle. An outside mirror may be placed only on the driver's side on vehicles in which the driver has a view to the rear by means of an interior mirror.

     (d) Vehicles must be equipped with a steering system maintained to insure that lash or preplay do not exceed those values set forth in 49 CFR, Parts 570.7 and 570.60 (Vehicle in Use Inspection Standards). Information about Title 49 CFR regarding the version adopted and where to obtain it is set out in WAC 480-62-999.

     (e) Vehicles must have a heating system that will maintain an ambient temperature of at least fifty-five degrees in passenger areas.

     (f) Vehicles must have at least three red-burning fusees, three red portable emergency reflectors, or at least two red cloth flags suitable for warning the motoring public in an emergency. The driver must ensure that such equipment is in the vehicle and is maintained in good condition. Any devices that may create a spark or open flame must be carried in a separate compartment or a closed metal container provided for that purpose.

     (g) Vehicles must have a two and one-half pound dry chemical fire extinguisher or its equivalent, properly filled and located where it is readily accessible for use. The extinguisher must allow visual determination of the state of its charge at all times. The extinguishing agent must be nontoxic and preferably noncorrosive. The fire extinguisher must be suitable for attachment to the motor vehicle, bear the label of approval by the Underwriters Laboratories, Inc., and be kept in good working condition at all times.

     (h) Vehicles must have a first-aid kit located where it is readily accessible. The kit must contain all of the items specified in ANSI ((2308.1)) Z308.1-2009, Minimum Requirements for Workplace First Aid Kits. Additionally, the kit must contain gloves capable of preventing exposure to bloodborne pathogens. Items used from first-aid kits must be replaced before the next shift, and kits must be checked for compliance with this rule if the seal on the kit is broken. Information about ANSI ((2308.1)) Z308.1-2009 regarding the version adopted and where to obtain it is set out in WAC 480-62-999.

     (2) Equipment requirements for specified vehicles.

     (a) Coupling devices used on a vehicle equipped with retractable flange wheels for operation on railroad tracks must be substantial and made of metal. The devices must be equipped with safety chains or straps of sufficient strength to prevent separation in the event of accidental uncoupling.

     (b) A passenger compartment separate from the cab of the vehicle must be made of metal and be fastened directly to the frame of the vehicle. The compartment must have an interior lining sufficient to absorb condensation, and padded seats and backrests firmly secured in place. The floor of the compartment must be constructed to bear the weight of all cargo and passengers. The floor must not have unnecessary openings, and it must be constructed to prevent the entry of noxious fumes or permeation with flammable materials. The compartment must have a curtain of nonpermeable material of sufficient weight and size to close off the rear opening and a tailgate which must be closed whenever the vehicle is in motion. If the bottom of the entrance to the passenger compartment is more than three feet six inches above ground level, the vehicle must have permanent or temporary steps designed for the safe boarding and discharge of passengers.

     (c) Communication between a cab and a separated passenger compartment must be provided by means of a light or audible device mounted in the cab of the vehicle that may be activated by a passenger in the rear compartment.

     (d) On vehicles designed to transport nine or more passengers, an emergency exit must be placed at the end of the vehicle opposite the regular entrance. The exit must be at least six and one-half square feet in area, and the smallest dimension must be at least eighteen inches. The route to and from the emergency exit must be unobstructed at all times.

[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), § 480-62-240, 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), § 480-62-240, filed 1/30/01, effective 3/2/01.]

     (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, 2007.

     (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 ((in November 2004)) on December 31, 2007.

     (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 U.S. Government Online Bookstore, http://bookstore.gpo.gov/, 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 ((March 25, 2004)) December 4, 2005.

     (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 web site for the office of the code reviser (leg.wa.gov/CodeReviser).

     (4) ANSI Z308.1 - ((2003)) 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 ((April 29, 2003)) May 31, 2009.

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

     (c) Copies of ANSI Z308.1 - ((2003)) 2009 American National Standard for Minimum Requirements for Workplace First Aid Kits are available from Global Engineering Documents in Englewood, Colorado.

     (5) ANSI/ISEA ((107-2004)) 207-2006 - American National Standard for High-Visibility Public Safety ((Apparel)) Vests is published by the American National Standards Institute.

     (a) The commission adopts the version in effect on ((September 15, 2004)) August 9, 2006.

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

     (c) Copies of ANSI/ISEA ((107-1999)) 207-2006 - American National Standard for High-Visibility Public Safety ((Apparel)) Vests are available from Global Engineering Documents in Englewood, Colorado.

     (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 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. 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-2709.2

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

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 ((September 2, 2008)) October 1, 2009.

     (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 (((Operations safety plan requirements)) 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/((, and from various third-party vendors)).

     (2) The American Society of Mechanical Engineers (ASME) B31.4, ((1998)) 2002 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)) ASME, http://www.asme.org/codes/. It is also available for inspection at the commission.

     (3) The ((2001)) 2004 edition, including addenda through July 1, 2005, 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 edition, including addenda through July 1, 2005, of Section IX of the ASME Boiler and Pressure Vessel Code are available from ((The American Society of Mechanical Engineers, Park Avenue, New York, New York)) 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 19th edition including errata October 31, 2001; and 20th edition 2007, including errata 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, including errata 2008) are available from ((the Office of API Publishing Services in Washington DC)), http://www.api.org/.

     (5) The commission adopts API RP standard 1117 ((Second)) Third Edition, ((August 1996)) 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 ((Second)) Third Edition, July 2008, including errata December 2008 are available from ((Global Engineering Documents in Englewood, Colorado)) API, http://www.api.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), § 480-75-999, 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-2710.1

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

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 ((September 2, 2008)) October 1, 2009, 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) ((The Code of Federal Regulations is published by the federal government.)) Copies of Title 49 Code of Federal Regulations are available from ((most Government Printing Offices, including the Seattle office of the Government Printing Office, as well as from various third-party vendors and various libraries, including the branch of the state library located at the commission)) 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 ((2001)) 2004 edition of Section IX of the ASME Boiler and Pressure Vessel Code, including addenda through July 1, 2005.

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

     (c) Copies of Section IX of the ASME Boiler and Pressure Vessel Code (((2001)) 2004 edition, including addenda through July 1, 2005) are available from ((The American Society of Mechanical Engineers, Park Avenue, New York, New York, and various libraries, including the branch of the state library located at the commission)) ASME, http://www.asme.org/codes/. It is also available for inspection at the commission.

     (3) The American Petroleum Institute (API) standard 1104 (19th edition 1999, including errata October 31, 2001; and 20th edition 2007, including errata 2008).

     (a) The commission adopts the 19th edition 1999, including errata October 31, 2001; and 20th edition 2007, including errata 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, including errata 2008) are available from the Office of API Publishing Services ((in Washington DC, and various libraries, including the branch of the state library located at the commission)), 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. 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-2711.1

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

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, 2008.

     (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 version published in 2005.

     (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)) 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. 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-2712.1

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

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 version published in 2005.

     (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 Safety Code (NESC).

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

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

     (c) Copies of the National Electric 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.

     (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) ((Institute of Electrical and Electronics Engineers (IEEE) Standard 929, Recommended Practice for Utility Interface of Photovoltaic (PV) Systems.

     (a) The commission adopts the version published in 2000.

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

     (c) Copies of IEEE Standard 929 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

     (5))) 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.

     (((6))) (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.

     (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.

     (((7))) (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.

     (((8))) (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 ((1991)) 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.

     (((9))) (8) Underwriters Laboratories (UL), including UL Standard 1741, Inverters, Converters, and Controllers for Use in Independent Power Systems.

     (a) The commission adopts the version published in 2005.

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

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

     (((10))) (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.

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

     (a) The commission adopts the version in effect on July 1, 2008.

     (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. 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-2713.3

AMENDATORY SECTION(Amending Docket No. UT-990146, General Order No. R-507, filed 12/12/02, effective 7/1/03)

WAC 480-120-401   Network performance standards.   (1) All companies must meet the applicable network performance standards set forth in this section. The standards applied to each service quality measurement are the minimum acceptable quality of service under normal operating conditions. All performance standards apply to each central office individually and must be measured at or below that level. The performance standards do not apply to abnormal conditions, including, but not limited to work stoppage directly affecting provision of service in the state of Washington, holidays, force majeure, or major outages caused by persons or entities other than the local exchange company (LEC) or its agents.

     (2) Switches. End-office switches, in conjunction with remote switches where deployed, must meet the following standards:

     (a) Dial service. For each switch, companies must meet the following minimum standards during the switch's average busy-hour of the average busy season:

     (i) Dial tone must be provided within three seconds on at least ninety-eight percent of calls placed; and

     (ii) Ninety-eight percent of calls placed must not encounter an intraswitch blocking condition within the central office, or blocking in host-remote, or interoffice local trunks.

     (b) Intercept. Central office dial equipment must provide adequate access to an operator or to a recorded announcement intercept to all vacant codes and numbers. Less than one percent of intercepted calls may encounter busy or no-circuit-available conditions during the average busy-hour, of the busy-season.

     (3) Interoffice facilities. Blocking performance during average busy-hour for ninety-nine percent of trunk groups for any month must be less than one-half of one percent for intertoll and intertandem facilities and less than one percent for local and EAS interoffice trunk facilities. The blocking standard for E911 dedicated interoffice trunk facilities must be less than one percent during average busy-hour of the average busy season. Two consecutive months is the maximum that a single trunk group may be below the applicable standard.

     (4) Outside plant.

     (a) Local loops. Each LEC must design, construct, and maintain subscriber loops to the standard network interface or demarcation point as follows:

     (i) For voice grade, local exchange service loops must meet all performance characteristics specified in Section 4 of the Institute of Electrical and Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics. Information about this standard regarding the version adopted and where to obtain it is set forth in WAC 480-120-999.

     (ii) For voice grade service, the circuit noise level on customer loops measured at the customer network interface must be equal to or less than 20.0 dBrnC, except that digitized loops and loops in excess of 18,000 feet must have a noise level objective of less than 25.0 dBrnC, and noise levels must not exceed 30 dBrnC.

     (b) Special circuits. Off-premise station circuit loss must not exceed 5.0 dB at 1004 Hz when measured between the customer switch demarcation and the customer station demarcation. LECs with over fifty thousand access lines must maintain design criteria for special circuits. Companies must make channel performance criteria available to customers upon request.

     (c) Digital services. LECs must meet the availability objectives for digital private line circuit performance specified in the American National Standards for Telecommunications, "Network Performance Parameters for Dedicated Digital Services for Rates Up To and Including DS3 - Specifications." Information about this standard regarding the version adopted and where to obtain it is set forth in WAC 480-120-999. Upon request of a customer, a LEC may provide to that customer digital services that do not meet the performance standards set forth in (b) of this subsection.

     (5) Service to interexchange carriers. LECs must provide service to interexchange carriers at the grade of service ordered by the interexchange carrier. At a minimum, each interexchange carrier must order sufficient facilities from each LEC such that no more than two percent of all calls are blocked at the LEC's switch.

     (6) Companies must monitor the network performance of the equipment they own, operate, or share at frequent intervals so that adequate facilities can be designed, engineered and placed in service when needed to meet the standards of this section.

     (7) Each Class A LEC must arrange and design incoming trunks to the primary repair service center so that traffic overflows during service interruptions can be redirected or forwarded to an alternate repair or maintenance service center location.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-01-065 (Docket No. UT-990146, General Order No. R-507), § 480-120-401, filed 12/12/02, effective 7/1/03.]

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