WSR 11-04-041

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket A-101466, General Order R-562 -- Filed January 25, 2011, 8:55 a.m. , effective February 25, 2011 ]

    

     In the matter of amending and adopting 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 (commission) takes this action under Notice No. WSR 10-22-115 for an expedited rule making, filed with the code reviser on November 3, 2010. 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 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 adopted (other than editing changes), summarize 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. This document provides a complete but concise explanation of the agency actions and its reasons for taking those actions.

     6 REFERENCE TO AFFECTED RULES: This order 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:

Rule Changes
Action WAC No. Rule Title Changes
Chapter 480-15 WAC, Household goods carriers.
Adopt 480-15-560 Equipment safety requirements. Adopts, by reference, the following new parts of Title 49 Code of Federal Regulations:

•     Part 375, Consumer Protection Regulations.

•     Part 379, Preservation of Records.

•     Part 380, Special Training Requirements.

•     Part 385, Safety Fitness Procedures.

•     Part 397, Transportation of Hazardous Materials.
Adopt 480-15-570 Driver safety requirements. Adopts, by reference, the following new parts of Title 49 Code of Federal Regulations:

•     Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

•     Part 375, Consumer Protection Regulations.

•     Part 380, Special Training Requirements.

•     Part 385, Safety Fitness Procedures.

•     Part 397, Transportation of Hazardous Materials.
Amend 480-15-999 Adoption by reference. Amends the effective date of adoption to April 1, 2010, for the North American Standard Out-of-Service Criteria.


Amends the effective date of adoption to June 30, 2010, for the following parts of Title 49 Code of Federal Regulations:

•     Part 382, Controlled Substance and Alcohol Use and Testing.

•     Part 383, Commercial Driver's License Standards, Requirements and Penalties.

•     Part 390, Motor Carrier Safety Regulations, General.

•     Part 391, Qualifications of Drivers and Longer Combination Vehicle Driver Instructors.

•     Part 392, Driving of Commercial Motor Vehicles.

•     Part 393, Parts and Accessories Necessary for Safe Operation.

•     Part 395, Hours of Service of Drivers.

•     Part 396, Inspection, Repair, and Maintenance.
Chapter 480-30 WAC, Auto transportation companies.
Amend 480-30-221 Vehicle and driver safety requirements. Removes:

•     "and applies to Washington state intrastate operations" under adoption of Part 391.
Amend


 480-30-999


 Adoption by reference.


 Amends the effective date of adoption to April 1, 2010, for the North American Standard Out-of-Service Criteria.


Amends the effective date of adoption to June 30, 2010, for the following parts of Title 49 Code of Federal Regulations:

•     Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

•     Part 382, Controlled Substance and Alcohol Use and Testing.

•     Part 383, Commercial Driver's License Standards, Requirements and Penalties.

•     Part 379, Preservation of Records.

•     Part 380, Special Training Requirements.

•     Part 385, Safety Fitness Procedures.

•     Part 390, Motor Carrier Safety Regulations, General.

•     Part 391, Qualifications of Drivers and Longer Combination Vehicle Driver Instructors.

•     Part 392, Driving of Commercial Motor Vehicles.

•     Part 393, Parts and Accessories Necessary for Safe Operation.

     Part 395, Hours and Service of Drivers.

•     Part 396, Inspection, Repair, and Maintenance.

•     Part 397, Transportation of Hazardous Materials.
Chapter 480-31 WAC, Private, nonprofit transportation providers.
Adopt 480-31-100 Equipment -- Safety. Adopts, by reference, the following new parts of Title 49 Code of Federal Regulations:

•     Part 379, Preservation of Records.

•     Part 380, Special Training Requirements.

•     Part 390, Motor Carrier Safety Regulations, General.
Adopt 480-31-110 Identification of motor vehicle equipment. Removes the following verbiage from existing WAC:

•     "The commission adopts by reference the provisions of federal rules cited in this section. The material incorporated by reference in this section is available for public examination in the Washington utilities and transportation commission branch of the Washington state library associated with the commission's headquarters office in Olympia and is available for purchase at the Seattle Office of the Government Printing Office."
Adopt 480-31-130 Operation of motor vehicles. Adopts, by reference, the following new parts of Title 49 Code of Federal Regulations:

•     Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

•     Part 380, Special Training Requirements.

•     Part 385, Safety Fitness Procedures.
Amend 480-31-999 Adoption by reference. Amends the effective date of adoption to April 1, 2010, for the North American Standard Out-of-Service Criteria.


Amends the effective date of adoption to June 30, 2010, for the following parts of Title 49 Code of Federal Regulations:

•     Part 382, Controlled Substance and Alcohol Use and Testing - see Note 8.

•     Part 383, Commercial Driver's License Standards, Requirements and Penalties.

•     Part 391, Qualifications of Drivers and Longer Combination Vehicle Driver Instructors.

•     Part 392, Driving of Commercial Motor Vehicles.

•     Part 393, Parts and Accessories Necessary for Safe Operation.

•     Part 395, Hours of Service of Drivers.

•     Part 396, Inspection, Repair, and Maintenance.

•     Part 397, Transportation of Hazardous Materials.
Chapter 480-62 WAC, Railroad companies -- Operations.
Adopt 480-62-230 Traffic control devices. Adopts, by reference, Manual on Uniform Traffic Control Devices (MUTC), Part 8.
Adopt 480-62-235 Flaggers. Adopts, by reference, specific chapters of Manual on Uniform Traffic Control Devices (MUTC), as follows:

•     Chapter 6A, General.

•     Chapter 6B, Fundamental Principles.

•     Chapter 6D, Pedestrian and Worker Safety.

•     Chapter 6E, Flagger Control.

•     Chapter 6G.18, Work in the Vicinity of a Grade Crossing.

•     Chapter 8A.08, Temporary Traffic Control Zones.
Amend 480-62-999

 Adoption by reference.

 Amends the effective date of adoption to June 30, 2010, for the following parts of Title 49 Code of Federal Regulations:

•     Part 171, General Information, Regulations, and Definitions.

•     Part 173, Shippers General Requirements for Shipments and Packages.

•     Part 174, Carriage by Rail.

•     Part 178, Specifications for Packagings.

•     Part 179, Specifications for Tank Cars.

     Part 209, Railroad Safety Enforcement Procedures.

•     Part 211, Rules of Practice.

•     Part 212, State Safety Participation Regulations.

•     Part 213, Track Safety Standards.

•     Part 214, Railroad Workplace.

•     Part 217, Railroad Operating.

•     Part 218, Railroad Operating Practices.

     Part 219, Control of Alcohol and Drug Use.

•     Part 220, Railroad Communications.

     Part 221, Rear-End Marking Device.

     Part 225, Railroads Accidents/Incidents.

     Part 228, Hours of Service of Railroad Employees.

•     Part 234, Grade Crossing Signal System Safety.

•     Part 239, Passenger Train Emergency Preparedness.

•     Part 240, Qualification and Certification of Locomotive Engineers.

•     Part 570.6 and 570.7, Vehicle in Use Inspection Standards.
Amends the effective date of adoption to June 30, 2010, for the following safety standards:

•     ANSI Z308.1-2009, American National Standard for Minimum Requirements for Workplace First Aid Kits.

•     ANSI/ISEA 207-2006 - American National Standard for High-Visibility Public Safety Vests.
Chapter 480-70 WAC, Solid waste collection companies.
Adopt 480-70-201 Vehicle and driver safety requirements. Adopts, by reference, the following new parts of Title 49 Code of Federal Regulations:

•     Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

•     Part 379, Preservation of Records.

•     Part 380, Special Training Requirements.

•     Part 385, Safety Fitness Procedures.
Amend


    


    

480-70-999


    


    

Adoption by reference.


    


    

Amends the effective date of adoption to April 1, 2010, for the North American Standard Out-of-Service Criteria.


Amends the effective date of adoption to June 30, 2010, for the following parts of Title 49 Code of Federal Regulations:

•     Part 382, Controlled Substance and Alcohol Use and Testing.

•     Part 383, Commercial Driver's License Standards, Requirements and Penalties.

     Part 390, Motor Carrier Safety Regulations, General.

•     Part 391, Qualifications of Drivers and Longer Combination Vehicle Driver Instructors.

•     Part 392, Driving of Commercial Motor Vehicles.

•     Part 393, Parts and Accessories Necessary for Safe Operation.

•     Part 395, Hours of Service of Drivers.

•     Part 396, Inspection, Repair, and Maintenance.

•     Part 397, Transportation of Hazardous Materials.
Chapter 480-73 WAC, Hazardous liquid pipeline companies.
Amend 480-73-999 Adoption by reference. Adoption by reference dates changed as follows:

     Title 18 Code of Federal Regulations.

          April 1, 2010 - No change to current rule.
Chapter 480-75 WAC, Hazardous liquid pipelines -- Safety.
Amend 480-75-999 (1)(a) Adoption by reference. Adoption by reference dates changed as follows:

     Title 49 Code of Federal Regulations.

     October 1, 2010 - Parts 195 and 199 including all appendices and amendments except for 49 C.F.R. Sections 195.0 and 195.1, and 49 C.F.R. Sections 199.1 and 199.2.
Amend 480-75-999(2) Adoption by reference. Adoption by reference dates changed as follows:

     The American Society of Mechanical Engineers (ASME) B31.4, 2006 edition, October 20, 2006.
Amend 480-75-999(3) Adoption by reference. Adoption by reference dates changed as follows:

     The 2007 edition, July 2007, of Section IX of the ASME Boiler and Pressure Vessel Code.
Amend 480-75-999(4) Adoption by reference. Adoption by reference dates changed as follows:

     The commission adopts:

     American Petroleum Institute (API) standard 1104 20th edition 2007, including errata/addendum July 2007 and errata 2 (2008).
Amend 480-75-999(5) Adoption by reference. Adoption by reference dates changed as follows:

     The commission adopts:

     •     API RP standard 1117 Third Edition, July 2008, including errata December 2008.
Chapter 480-90 WAC, Gas companies -- Operations.
Amend 480-90-999 Adoption by reference. Adoption by reference dates changed as follows:

     •     Title 18 Code of Federal Regulations

          April 1, 2010 - No significant changes.
Chapter 480-93 WAC, Gas companies -- Safety.
Amend 480-93-999(1) Adoption by reference. Adoption by reference dates changed as follows:

     Parts 191, 192, 193, and 199 of Title 49 Code of Federal Regulations, including all appendices and amendments thereto as published by the United States Government Printing Office.

     (a) The commission adopts the version of the above regulations that were in effect on October 1, 2010, except the following sections are not adopted by reference: 191.1, 192.1(a), 193.2001(a), 199.1.
Amend 480-93-999(2) Adoption by reference. Adoption by reference dates changed as follows:

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

     (a) The commission adopts the 2007 edition, July 1, 2007, of Section IX of the ASME Boiler and Pressure Vessel Code.
Amend 480-93-999(3) Adoption by reference. Adoption by reference dates changed as follows:

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

     (a) The commission adopts the 20th edition 2007, including errata/addendum July 2007 and errata 2 (2008) of this standard.
Chapter 480-100 WAC, Electric companies.
Amend 480-100-999 Adoption by reference. Adoption by reference dates changed as follows:

•     Title 18 Code of Federal Regulations

          o     April 1, 2010 - No significant changes.

•     National Electric Code (NFPA)

          o     2011 edition.
Chapter 480-108 WAC, Electric companies.
Amend 480-108-999 Adoption by reference. Adoption by reference dates changed as follows:

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

          o     2003 version and reaffirmed in 2008 - No changes to current rule.

•     National Electric Code (NFPA) 2011 edition.

•     National Electric Safety Code (NESC) 2007 edition.

•     UL 1741: Inverters, Converters, Controllers, and Interconnection System Equipment for Use with Distributed Energy Resources 2010 edition.
Chapter 480-120 WAC, Telecommunications companies.
Amend 480-120-999 Adoption by reference. Adoption by reference dates changed as follows:

•     American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services for Rates Up To and Including DS3 - Specifications" - (ATIS 0100510) - as of December 29, 1999, and reaffirmed 2008

          o     No change to current rule - Revises Reference Number of Title.

•     National Electrical Safety Code

          o     January 1, 2007 - No change to current rule.

•     Title 47 Code of Federal Regulations, as referenced in WAC 480-120-359 and 480-120-349

          o     October 1, 1998 - No change to current rule.

•     Title 47 Code of Federal Regulations, as referenced in WAC 480-120-202 and 480-120-146

          o     October 1, 2010 - Update to current C.F.R. version and to revise WAC reference.

     7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: A preprosal statement of inquiry is not required under RCW 34.05.353 for expedited rule making.

     8 NOTICE OF EXPEDITED RULE MAKING: The commission filed a notice of expedited rule making (CR-105) on November 3, 2010, at WSR 10-22-115. The notice informed interested persons that the commission was proposing rules 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 to all persons affected by the adoption-by-reference rule proposal. The notice provided interested persons the opportunity to submit written comments to the commission no later than January 18, 2011. The commission posted the relevant rule-making information on its Internet web site at www.utc.wa.gov/101466.

     9 COMMENTERS (WRITTEN COMMENTS): The commission did not receive any comments on the proposed rules.

     10 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should amend the rules as proposed in the CR-105 at WSR 10-22-115.

     11 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-15-560, 480-15-570, 480-15-999, 480-30-221, 480-30-999, 480-31-100, 480-31-110, 480-31-130, 480-31-999, 480-62-230, 480-62-235, 480-62-999, 480-70-201, 480-70-999, 480-73-999, 480-75-999, 480-90-999, 480-93-999, 480-100-999, 480-108-999, 480-120-999, should be amended 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 21, 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.

ORDER


     12 THE COMMISSION ORDERS:

     13 (1) The commission amends WAC 480-15-560, 480-15-570, 480-15-999, 480-30-221, 480-30-999, 480-31-100, 480-31-110, 480-31-130, 480-31-999, 480-62-230, 480-62-235, 480-62-999, 480-70-201, 480-70-999, 480-73-999, 480-75-999, 480-90-999, 480-93-999, 480-100-999, 480-108-999 and 480-120-999 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 (2) 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 1-21 WAC.

     DATED at Olympia, Washington, January 25, 2011.

     Washington State Utilities and Transportation Commission

Jeffrey D. Goltz, Chairman

Patrick J. Oshie, Commissioner

Philip B. Jones, Commissioner

Appendix A

OTS-3753.1


AMENDATORY SECTION(Amending Docket TV-070466, General Order R-547, filed 12/27/07, effective 1/27/08)

WAC 480-15-560   Equipment safety requirements.   (1) All carriers must comply with all of the following requirements:

     (a) Maintain all vehicles in a safe and sanitary condition.

     (b) Maintain vehicles free of defects likely to result in an accident or breakdown.

     (c) Maintain vehicles consistent with the North American Uniform Out-Of-Service Criteria as adopted in WAC 480-15-999.

     (d) Make vehicles available for inspection by commission representatives at any time upon request.

     (2) A household goods carrier must display its permit name and number, as registered with the commission, on both the driver and passenger doors of all power units.

     (a) All markings on the power unit must be:

     (i) Clearly legible.

     (ii) No less than three inches high.

     (iii) In a color that contrasts with the background color.

     (iv) Permanent. Exception: Carriers may use temporary markings on vehicles operated under a lease.

     (b) Carriers with both intrastate and interstate authority must display either the commission permit number, federal permit number or both on the power unit.

     (3) Carriers must comply with all of the following requirements:

     (a) All state and local motor vehicle safety laws and rules including, but not limited to, those contained in this chapter.

     (b) The following parts of Title 49 of the Code of Federal Regulations (49 CFR), as adopted by reference in this chapter on the date specified in WAC 480-15-999:

     (i) 49 CFR Part 390: Safety Regulations, General; except the following definitions will apply:

     (A) Exempt motor carrier: Any person operating a motor vehicle exempt from certain provisions of RCW Title 81 as defined in RCW 81.80.040.

     (B) Motor carrier: Any common carrier, exempt carrier and private carrier as defined in WAC 480-15-020.

     (C) Motor vehicle: Any vehicle, machine, tractor, trailer or semi-trailer propelled or drawn by mechanical power, or any combination of such vehicles, used on the public roads to transport household goods.

     (D) Private carrier: Persons who transport their own household goods, transport household goods bought or sold by them or transport household goods purely as an incidental adjunct to an established business.

     (E) Commercial motor vehicle: Any motor vehicle used by a household goods carrier to transport household goods, if either the vehicle has a gross vehicle weight rating or gross combination weight rating of ten thousand one pounds or more or if the gross vehicle weight or gross combination weight is ten thousand one pounds or more.

     (F) Director: The commission.

     (ii) 49 CFR Part 392: Driving of Commercial Motor Vehicles.

     (((A))) (iii) 49 CFR Part 379: Preservation of Records.

     (iv) 49 CFR Part 385: Safety Fitness Procedures.

     (v) 49 CFR Part 397: Transportation of Hazardous Materials.

     (vi) 49 CFR Part 393: Parts and Accessories Necessary for Safe Operation.

     (((B))) (vii) 49 CFR Part 396: Inspection, Repair, and Maintenance.

     (((C))) (viii) 49 CFR Part 375: Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations. However, 49 CFR Part 375 does not apply to intrastate operations. 49 CFR Part 375 applies only to interstate operations.

     (ix) 49 CFR Part 380: Special Training Requirements.

     (c) All motor vehicles must be equipped with mud flaps which effectively reduce the spray or splash of water from the road.

     (((D))) (d) Mud flaps must be as wide as the tires on which they are mounted, and must extend from the top of the tires down to at least the center of the axle.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.250, 81.28.040, 81.80.120, 81.80.130 and 81.80.290. 08-02-049 (Docket TV-070466, General Order R-547), § 480-15-560, filed 12/27/07, effective 1/27/08. 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), § 480-15-560, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-560, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-560, filed 12/15/98, effective 1/15/99.]


AMENDATORY SECTION(Amending Docket TV-070466, General Order R-547, filed 12/27/07, effective 1/27/08)

WAC 480-15-570   Driver safety requirements.   (1) No household goods carrier shall employ or allow any driver to operate a motor vehicle who fails to meet minimum criteria related to all of the following requirements:

     (a) All state and local laws and rules governing driver safety, including, but not limited to, the rules in this chapter.

     (b) The North American Uniform Out-Of-Service Criteria as adopted in WAC 480-15-999.

     (c) The following parts of Title 49 of the Code of Federal Regulations (49 CFR), as adopted by reference in this chapter on the date specified in WAC 480-15-999:

     (i) 49 CFR Part 390: Safety Regulations, General; except the following definitions will apply:

     (A) Exempt motor carrier: Any person operating a motor vehicle exempt from certain provisions of RCW Title 81 as defined in RCW 81.80.040.

     (B) Motor carrier: Any common carrier, exempt carrier and private carrier as defined in WAC 480-15-020.

     (C) Motor vehicle: Any vehicle, machine, tractor, trailer or semi-trailer propelled or drawn by mechanical power, or any combination of such vehicles, used on the public roads to transport household goods.

     (D) Private carrier: Persons who transport their own household goods, transport household goods bought or sold by them or transport household goods purely as an incidental adjunct to an established business.

     (E) Commercial motor vehicle: Any motor vehicle used by a household goods carrier to transport household goods, if either the vehicle has a gross vehicle weight rating or gross combination weight rating of ten thousand one pounds or more or if the gross vehicle weight or gross combination weight is ten thousand one pounds or more.

     (F) Director: The commission.

     (ii) 49 CFR Part 382: Controlled Substance and Alcohol Use and Testing.

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

     (iv) 49 CFR Part 391: Qualification of Drivers.

     (v) 49 CFR Part 395: Hours of Service of Drivers.

     (vi) 49 CFR Part 40: Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

     (vii) 49 CFR Part 385: Safety Fitness Procedures.

     (viii) 49 CFR Part 397: Transportation of Hazardous Materials.

     (ix) 49 CFR Part 375: Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations.

     (x) 49 CFR Part 380: Special Training Requirements.

     (2) Operations that are exclusively intrastate commerce are not subject to the following provisions:

     (a) 49 CFR Part 391.11 (b)(1): Minimum age requirements. The minimum age for drivers of motor carriers operating solely intrastate is eighteen years of age rather than the twenty-one years of age required to operate in interstate commerce.

     (b) 49 CFR Part 391.49: Waiver of certain physical defects. This part does not apply if the driver has obtained from the Washington department of licensing a driver's license with endorsements and/or restrictions allowing operation of the motor vehicle they are driving.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.250, 81.28.040, 81.80.120, 81.80.130 and 81.80.290. 08-02-049 (Docket TV-070466, General Order R-547), § 480-15-570, filed 12/27/07, effective 1/27/08. 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), § 480-15-570, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.04.250, 81.28.040, 81.80.090, 81.80.120, 81.80.130, 81.80.290, 81.80.211, and 80.01.040. 00-14-010 (General Order No. R-471, Docket No. TV-991559), § 480-15-570, filed 6/27/00, effective 7/28/00. Statutory Authority: RCW 81.04.160 and 80.01.040. 99-01-077 (Order R-454, Docket No. TV-971477), § 480-15-570, filed 12/15/98, effective 1/15/99.]


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

WAC 480-15-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2008)) 2010.

     (b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements).

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

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

     (a) The commission adopts the version in effect on ((December 31, 2007)) June 30, 2010, except that for 49 CFR Part 40, the commission adopts the version in effect on October 1, 2010.

     (b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements) and WAC 480-15-570 (Driver safety requirements).

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

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-15-999, filed 12/23/08, effective 1/23/09; 06-17-087 (Docket A-060475, General Order No. R-537), § 480-15-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-15-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-15-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-15-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-15-999, filed 9/28/01, effective 10/29/01.]

OTS-3754.1


AMENDATORY SECTION(Amending General Order No. R-533, Docket No. TC-020497, filed 6/8/06, effective 7/9/06)

WAC 480-30-221   Vehicle and driver safety requirements.   (1) Companies must comply with all state and local laws and rules governing licensing, vehicle safety, and driver safety. Companies must also comply with the parts of Title 49, Code of Federal Regulations (49 CFR), adopted by reference, that are shown in the following chart. Information about 49 CFR, including the version adopted by the commission and where to obtain copies is set out in WAC 480-30-999.


49 CFR Part: Notes:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs Entire Part 40 is adopted and applies to Washington intrastate operations.
Part 382 - Controlled Substance and Alcohol Use and Testing Entire Part 382, including definition of commercial motor vehicle, is adopted and applies to Washington intrastate operations.
Part 383 - Commercial Driver's License Standards; Requirements and Penalties Entire Part 383, including definition of commercial motor vehicle, is adopted and applies to Washington intrastate operations.
Part 379 - Preservation of Records Entire Part 379 is adopted and applies to Washington intrastate operations.
Part 380 - Special Training Requirements Entire Part 380 is adopted and applies to Washington intrastate operations.
Part 385 - Safety Fitness Procedures Entire Part 385 is adopted and applies to Washington intrastate operations.
Part 390 - Safety Regulations, General Entire Part 390 is adopted and applies to Washington intrastate operations, with the following exceptions:
(1) The terms "motor vehicle," "commercial motor vehicle," and "private vehicle" are not adopted. Instead, where those terms are used in Title 49 CFR, they have the meanings assigned to them in WAC 480-30-036 (Motor vehicle and private vehicle) and WAC 480-30-211 (Commercial motor vehicle).
(2) Whenever the term "director" is used in Title 49 CFR, it means the commission.
Part 391 - Qualification of Drivers Entire Part 391 is adopted ((and applies to Washington intrastate operations)), with the following exceptions:
(1) Part 391.49 (alternative physical qualification standards for the loss or impairment of limbs) is not adopted for drivers who operate vehicles exclusively within Washington state. Instead refer to WAC 480-30-226 for intrastate medical waivers.
Part 392 - Driving of Motor Vehicles Entire Part 392 is adopted and applies to Washington intrastate operations.
Part 393 - Parts and Accessories Necessary for Safe Operation Entire Part 393 is adopted and applies to Washington intrastate operations.
Part 395 - Hours of Service of Drivers Entire Part 395 is adopted and applies to Washington intrastate operations.
Part 396 - Inspection, Repair, and Maintenance Entire Part 396 is adopted and applies to Washington intrastate operations.
Part 397 - Transportation of Hazardous Materials, Driving and Parking Rules Entire Part 397 is adopted and applies to Washington intrastate operations.

     (2) Companies must:

     (a) Maintain all motor vehicles in a safe and sanitary condition; and

     (b) Ensure that vehicles are free of defects likely to result in an accident or breakdown.

     (3) No company, its agents, officers, or employees, will allow any article, commodity, or substance to be loaded in or on any motor vehicle used by the company to transport passengers that is dangerous to the lives and safety of passengers.

     (4) No company, its agents, officers, or employees will allow any article, commodity, or substance to be loaded in or on any motor vehicle used by the company to transport passengers that is prohibited by the hazardous materials rules in Title 49 CFR from being transported on passenger-carrying vehicles.

     (5) All motor vehicles operated under the provisions of this chapter are at all times subject to inspection by the commission or its duly authorized representatives.

     (6) The commission will place out-of-service any motor vehicle having safety defects identified in the North American Uniform Out-Of-Service Criteria. Information about the North American Uniform Out-Of-Service Criteria including the version adopted and where to obtain copies is set out in WAC 480-30-999. A company must not operate any vehicle placed out-of-service until proper repairs have been completed.

     (7) The commission will place out-of-service any driver meeting criteria identified in the North American Uniform Out-Of-Service Criteria. A company must not allow a driver who has been placed out-of-service to operate a motor vehicle until the conditions causing the driver to be placed out-of-service have been corrected.

[Statutory Authority: RCW 80.01.040, 81.04.160, 81.12.050, 81.68.030, and 81.70.270. 06-13-006 (General Order No. R-533, Docket No. TC-020497), § 480-30-221, filed 6/8/06, effective 7/9/06.]


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

WAC 480-30-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2008)) 2010.

     (b) This publication is referenced in WAC 480-30-121 (Certificates, applications, charter and excursion) and WAC 480-30-221 (Vehicle and driver safety requirements).

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

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

     (a) The commission adopts the version in effect on ((December 31, 2007)) June 30, 2010, except that for 49 CFR Part 40, the commission adopts the version in effect on October 1, 2010.

     (b) This publication is referenced in WAC 480-30-221 (Vehicle and driver safety requirements) and WAC 480-30-226 (Intrastate medical waivers).

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

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-30-999, filed 12/23/08, effective 1/23/09. Statutory Authority: RCW 80.01.040, 81.04.160, 81.12.050, 81.68.030, and 81.70.270. 06-13-006 (General Order No. R-533, Docket No. TC-020497), § 480-30-999, filed 6/8/06, effective 7/9/06. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-30-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-30-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-30-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-30-999, filed 9/28/01, effective 10/29/01.]

OTS-3755.1


AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-31-100   Equipment -- Safety.   In addition to other laws and regulations of this state, all providers must comply with the ((following:

     The)) rules and regulations governing motor carrier safety prescribed by the United States Department of Transportation in Title 49, Code of Federal Regulations, as follows:

     (1) Part 379, Preservation of Records;

     (2) Part 380, Special Training Requirements;

     (3) Part 392, ((())Driving of Motor Vehicles((),));

     (4) Part 393, ((())Parts and Accessories Necessary for Safe Operation((),));

     (5) Part 396, ((())Inspection, Repair and Maintenance((), and));

     (6) Part 397, ((())Transportation of Hazardous Materials; Driving and Parking rules(().));

     (7) Part 390, Safety Regulations, General; except the terms "motor vehicle" and "private vehicle" are not adopted. Instead, where those terms are used in Title 49 CFR, they have the meanings assigned to "motor vehicle" in WAC 480-31-030. In addition, the term "commercial motor vehicle," where used in Title 49 CFR has the meaning assigned to "commercial motor vehicle" in WAC 480-31-030.

     The commission adopts by reference the provisions of federal rules in effect on the date specified in WAC 480-31-999.

[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), § 480-31-100, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 34.05.310, 34.05.356, 80.01.040, 80.04.160 and 80.04.160 [81.04.160]. 99-20-013 (Order R-465, Docket No. A-980247), § 480-31-100, filed 9/24/99, effective 10/25/99. Statutory Authority: RCW 80.01.040 and chapter 80.01 RCW. 97-08-037 (Order R-440, Docket No. TC 961102), § 480-31-100, filed 3/27/97, effective 4/27/97.]


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

WAC 480-31-110   Identification of motor vehicle equipment.   Providers must display identification markings on the driver and passenger side of the vehicles.

     The markings must include the name of the provider as registered with the commission and the certificate number. Provided however, providers holding both intrastate and interstate authority may display either the U.S. Department of Transportation certificate number, commission certificate number, or both.

     The markings must be clearly legible, with letters no less than three inches high, in a color that contrasts with the surrounding body panel. Leased vehicles may display either permanent markings or placards on the driver and passenger sides of the vehicle.

     Vehicles operated by or under lease must display the name and permit number of either the business operating the vehicle or the registered owner. The markings may be permanent or placards on the driver and passenger sides of the vehicle.

     When identification of the provider would create an embarrassment to the persons with special transportation needs, the name of the provider may be omitted when authorized by letter from the secretary of the commission.

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

[Statutory Authority: RCW 80.01.040 and chapter 80.01 RCW. 97-08-037 (Order R-440, Docket No. TC 961102), § 480-31-110, filed 3/27/97, effective 4/27/97.]


AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-31-130   Operation of motor vehicles.   (1) All motor vehicles must be operated in accordance with the requirements of existing state laws and no driver or operator will operate the same in any other than a careful and prudent manner, nor at any greater speed than is reasonable or proper, having due regard to the traffic and use of the highways by others, or so as to endanger the life and limb of any person.

     (2) Qualification of drivers. The rules and regulations governing qualifications of drivers prescribed by the United States Department of Transportation in Title 49, Code of Federal Regulations, part 391 (Qualifications of Drivers) in effect on the date specified in WAC 480-31-999, are adopted and prescribed by the commission to be observed by all providers. Vehicles meeting the definition of a commercial motor vehicle must also comply with part 382 (Controlled Substances and Alcohol Use and Testing), and part 383 (Commercial Driver's License Standards; Requirements and Penalties).

     (3) The rules and regulations relating to drivers' logs and drivers' hours of service adopted by the United States Department of Transportation in Title 49, Code of Federal Regulations, part 395 (Hours of Service of Drivers) in effect on the date specified in WAC 480-31-999, are adopted and prescribed by the commission.

     (4) The rules and regulation relating to workplace drug and alcohol testing programs adopted by the United States Department of Transportation in Title 49, Code of Federal Regulations, Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs) in effect on the date specified in WAC 480-31-999, are adopted and prescribed by the commission.

     (5) The rules and regulation relating to general safety fitness procedures adopted by the United States Department of Transportation in Title 49, Code of Federal Regulations, Part 385 (Safety Fitness Procedures) in effect on the date specified in WAC 480-31-999, are adopted and prescribed by the commission.

     (6) The rules and regulation relating to general safety fitness procedures adopted by the United States Department of Transportation in Title 49, Code of Federal Regulations, Part 380 (Special Training Requirements) in effect on the date specified in WAC 480-31-999, are adopted and prescribed by the commission.

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

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

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

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

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

     (((8))) (11) The commission adopts by reference the provisions of federal rules cited in this section in effect on the date specified in WAC 480-31-999.

[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), § 480-31-130, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 34.05.310, 34.05.356, 80.01.040, 80.04.160 and 80.04.160 [81.04.160]. 99-20-013 (Order R-465, Docket No. A-980247), § 480-31-130, filed 9/24/99, effective 10/25/99. Statutory Authority: RCW 80.01.040 and chapter 80.01 RCW. 97-08-037 (Order R-440, Docket No. TC 961102), § 480-31-130, filed 3/27/97, effective 4/27/97.]


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

WAC 480-31-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2008)) 2010.

     (b) This publication is referenced in WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs).

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

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

     (a) The commission adopts the version in effect on ((December 31, 2007)) June 30, 2010, except that for 49 CFR Part 40, the commission adopts the version in effect on October 1, 2010.

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

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

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-31-999, filed 12/23/08, effective 1/23/09. Statutory Authority: RCW 81.04.160 and 34.05.353. 06-11-013 (Docket T-051915, General Order No. R-532), § 480-31-999, filed 5/4/06, effective 6/4/06. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022, § 480-31-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-31-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-31-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-31-999, filed 9/28/01, effective 10/29/01.]

OTS-3756.1


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

WAC 480-62-230   Traffic control devices.   (1) Whenever a railroad company performs any construction, maintenance or repairs at a grade crossing or grade separated crossing, the company must install and maintain traffic control devices adequate to protect the public and railroad employees as prescribed in the Manual on Uniform Traffic Control Devices (MUTCD), Part 8, Traffic Control for Railroad and Light Rail Transit Grade Crossings, as published by the United States Department of Transportation. In addition, railroads must maintain all crossings with proper traffic control devices as prescribed in the MUTCD, Part 8. The commission adopts, by reference, the MUTCD, Part 8, as described in WAC 480-62-999. Flaggers must also be provided where necessary to adequately protect the public and railroad employees.

     (2) ((The rules governing traffic control devices are prescribed in the Manual on Uniform Traffic Control Devices and chapter 468-95 WAC. Information about the Manual on Uniform Traffic Control Devices and chapter 468-95 WAC regarding the versions adopted and where to obtain them is set out in WAC 480-62-999.

     (3))) Any traffic control device must be used only as long as the device is needed or applicable. Any device that is no longer needed or applicable must be immediately removed or inactivated so as to prevent confusion.

     (((4))) (3) All barricades, signs, and similar devices must be constructed and installed in a workmanlike manner.

     (((5))) (4) Bushes, weeds, or any other material or object must not be allowed to obscure any traffic control devices.

     (((6))) (5) All signs, barricades, and other control devices intended for use during hours of darkness must be adequately illuminated or reflectorized, with precautions taken to protect motorists from glare.

[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), § 480-62-230, filed 1/30/01, effective 3/2/01.]


AMENDATORY SECTION(Amending Docket A-091124, General Order R-557, filed 1/14/10, effective 2/14/10)

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)) in accordance with the provisions of ((and according to the guidelines in)) the Manual on Uniform Traffic Control Devices((, Part VI)) (MUTCD). The commission adopts, by reference, specific portions of the MUTCD, as follows:

     (a) Chapter 8A.08, Temporary Traffic Control Zones;

     (b) Chapter 6A, General;

     (c) Chapter 6B, Fundamental Principles;

     (d) Chapter 6D, Pedestrian and Worker Safety;

     (e) Chapter 6E, Flagger Control;

     (f) Chapter 6G.18, Work in the Vicinity of a Grade Crossing.

     (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 207-2006, American National Standard for High-Visibility Public Safety 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 207-2006 over white coveralls, or other coveralls or trousers designed according to ANSI/ISEA 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 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 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, 80.04.160, 81.04.160, and 34.05.353. 10-03-044 (Docket A-091124, General Order R-557), § 480-62-235, filed 1/14/10, effective 2/14/10. 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.]


AMENDATORY SECTION(Amending Docket A-091124, General Order R-557, filed 1/14/10, effective 2/14/10)

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, 2007)) June 30, 2010.

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

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

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

     (a) The commission adopts the version in effect on ((December 31, 2007)) June 30, 2010.

     (b) This publication is referenced in WAC 480-62-230 (Traffic control devices)((,)) and 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 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 - 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 ((May 31, 2009)) June 30, 2010.

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

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

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

     (a) The commission adopts the version in effect on ((August 9, 2006)) June 30, 2010.

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

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

     (((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. 10-03-044 (Docket A-091124, General Order R-557), § 480-62-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-62-999, filed 12/23/08, effective 1/23/09; 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-62-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-62-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-62-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 81.04.160, 81.24.010, 81.28.010, 81.28.290, 81.40.110, 81.44.010, 81.44.020, 81.44.101-81.44.105, and chapters 81.48, 81.53, 81.54, 81.60, and 81.61 RCW. 01-04-026 (Docket No. TR-981102, General Order No. R-477), § 480-62-999, filed 1/30/01, effective 3/2/01.]

OTS-3757.1


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

WAC 480-70-201   Vehicle and driver safety requirements.   (1) Companies must comply with all state and local laws and rules governing vehicle and driver safety. Companies must also comply with the parts of Title 49, Code of Federal Regulations (49 CFR) shown in the following chart, that are adopted by reference. Information about 49 CFR regarding the version adopted and where to obtain copies is set out in WAC 480-70-999.


49 CFR Part Adopted: Portions Not Adopted:
Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs n/a
Part 379 - Preservation of Records n/a
Part 380 - Special Training Requirements n/a
Part 382 - Controlled Substance and Alcohol Use and Testing n/a
Part 383 - Commercial Driver's License Standards; Requirements and Penalties n/a
Part 385 - Safety Fitness Procedures n/a
Part 390 - Safety Regulations, General (1) The terms "motor vehicle," "commercial motor vehicle," and "private vehicle" are not adopted. Instead, where those terms are used in Title 49 CFR, they shall have the meanings assigned to them in WAC 480-70-041 (private vehicle) and WAC 480-70-196 (commercial motor vehicle).
(2) Whenever the term "director" is used in Title 49 CFR, it shall mean the commission.
Part 391 - Qualification of Drivers (1) A driver who operates exclusively within the state of Washington is not subject to the provisions of Part 391.49 (waiver of certain physical defects), if that driver has obtained from the Washington department of licensing a driver's license with endorsements and restrictions allowing operation of the motor vehicle being driven.
(2) A driver who operates exclusively within the state of Washington is not subject to the provisions of Part 391.11(b)(1) (general qualifications – age). A driver operating exclusively within the state of Washington may drive a motor vehicle if he or she is at least eighteen years of age.
Part 392 - Driving of Motor Vehicles n/a
Part 393 - Parts and Accessories Necessary for Safe Operation n/a
Part 395 - Hours of Service of Drivers n/a
Part 396 - Inspection, Repair, and Maintenance n/a
Part 397 - Transportation of Hazardous Materials, Driving and Parking Rules n/a

     (2) Companies must:

     (a) Maintain all motor vehicles in a safe and sanitary condition;

     (b) Ensure that vehicles are free of defects likely to result in an accident or breakdown; and

     (c) Make vehicles available for inspection by commission representatives.

     (3) The commission will place out-of-service any motor vehicle having safety defects identified in the North American Uniform Out-Of-Service Criteria. Information about the North American Uniform Out-of-Service Criteria regarding the version adopted and where to obtain copies is set out in WAC 480-70-999. A company must not operate any vehicle placed out-of-service until after proper repairs have been completed.

     (4) The commission will place out-of-service any driver meeting criteria identified in the North American Uniform Out-Of-Service Criteria. A company must not allow a driver who has been placed out-of-service to operate a motor vehicle until such time as the conditions causing the driver to be placed out-of-service have been corrected.

[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), § 480-70-201, filed 3/23/01, effective 4/23/01.]


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

WAC 480-70-999   Adoption by reference.   In this chapter, the commission adopts by reference all, or portions of, regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) The North American Standard Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2008)) 2010.

     (b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements).

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

     (2) Title 40 Code of Federal Regulations, cited as 40 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on July 1, 2006.

     (b) This publication is referenced in WAC 480-70-041 (Definitions, general).

     (c) Copies of Title 40 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

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

     (a) The commission adopts the version in effect on ((December 31, 2007)) June 30, 2010, except that for 49 CFR Part 40, the commission adopts the version in effect on October 1, 2010.

     (b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements), WAC 480-70-431 (Biomedical waste, adoption of federal regulations), and WAC 480-70-486 (Hazardous waste, adoption of federal regulations).

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

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-70-999, filed 12/23/08, effective 1/23/09; 06-17-087 (Docket A-060475, General Order No. R-537), § 480-70-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-70-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-70-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-70-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-70-999, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-999, filed 3/23/01, effective 4/23/01.]

OTS-3758.1


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

WAC 480-73-999   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, is published by the United States Government Printing Office.

     (2) The commission adopts the version in effect on April 1, ((2008)) 2010.

     (3) This publication is referenced in WAC 480-73-130 (Accounting system requirements), WAC 480-73-150 (Retaining and preserving records and reports), and WAC 480-73-160 (Annual reports).

     (4) 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.

[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), § 480-73-999, filed 12/23/08, effective 1/23/09; 06-17-087 (Docket A-060475, General Order No. R-537), § 480-73-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-73-999, filed 10/10/05, effective 11/10/05; 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), § 480-73-999, filed 2/28/05, effective 3/31/05.]

OTS-3759.1


AMENDATORY SECTION(Amending Docket A-091124, General Order R-557, filed 1/14/10, effective 2/14/10)

WAC 480-75-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) Title 49 Code of Federal Regulations, cited as 49 CFR, Parts 195 and 199 including all appendices and amendments except for 49 CFR Sections 195.0 and 195.1, and 49 CFR Sections 199.1 and 199.2, published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2009)) 2010.

     (b) This publication is referenced in WAC 480-75-370 (Design factor (F) for steel pipe), WAC 480-75-630 (Incident reporting), and WAC 480-75-660 (Procedural manual for operations, maintenance, and emergencies).

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

     (2) The American Society of Mechanical Engineers (ASME) B31.4, ((2002)) 2006 edition, October 20, 2006.

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

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

     (3) The ((2004)) 2007 edition, ((including addenda through July 1, 2005)) July 2007, of Section IX of the ASME Boiler and Pressure Vessel Code.

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

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

     (4) The commission adopts American Petroleum Institute (API) standard 1104 ((19th edition including errata October 31, 2001; and)) (20th edition 2007, including errata ((December 2008)) /addendum July 2007 and errata 2 (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, http://www.api.org/.

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

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

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

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 10-03-044 (Docket A-091124, General Order R-557), § 480-75-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-75-999, filed 12/23/08, effective 1/23/09. Statutory Authority: RCW 80.01.040, 80.04.060, 81.88.040. 08-12-045 (Docket PL-070974, General Order R-548), § 480-75-999, filed 5/30/08, effective 6/30/08. Statutory Authority: RCW 80.01.040, 80.04.160, 80.28.210, 81.04.160, 81.88.020, and 34.05.353. 06-14-052 (Docket A-060464, General Order No. R-535), § 480-75-999, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-75-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-75-999, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-999, filed 8/26/02, 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-75-999, filed 9/28/01, effective 10/29/01.]

OTS-3760.1


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

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, ((2008)) 2010.

     (b) The accounting and reporting for the types of transactions and events covered by the amendment should not be construed as indicative of their treatment by this commission for ratemaking purposes.

     (c) This publication is referenced in WAC 480-90-203 (Accounting system requirements), WAC 480-90-244 (Transferring cash or assuming obligation), WAC 480-90-252 (Federal Energy Regulatory Commission (FERC) Form No. 2), and WAC 480-90-268 (Essential utilities services contracts report).

     (d) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

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

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

     (b) This publication is referenced in WAC 480-90-228 (Retention and preservation of records and reports).

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

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-90-999, filed 12/23/08, effective 1/23/09; 06-17-087 (Docket A-060475, General Order No. R-537), § 480-90-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-90-999, filed 10/10/05, effective 11/10/05; 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), § 480-90-999, filed 2/28/05, effective 3/31/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-90-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-90-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), § 480-90-999, filed 5/3/01, effective 6/3/01.]

OTS-3761.1


AMENDATORY SECTION(Amending Docket A-091124, General Order R-557, filed 1/14/10, effective 2/14/10)

WAC 480-93-999   Adoption by reference.   In this chapter, the commission adopts by reference each of the regulations and/or standards identified below. Each regulation or standard is listed by publication, publisher, scope of what the commission is adopting, effective date of the regulation or standard, the place within the commission's rules the regulation or standard is referenced, and where to obtain the regulation or standard.

     (1) Parts 191, 192, 193, and 199 of Title 49 Code of Federal Regulations, including all appendices and amendments thereto as published by the United States Government Printing Office.

     (a) The commission adopts the version of the above regulations that were in effect on October 1, ((2009)) 2010, except the following sections are not adopted by reference: 191.1, 192.1(a), 193.2001(a), 199.1. In addition, please note that in WAC 480-93-013, the commission includes "new construction" in the definition of "covered task," as defined in 49 CAR § 192.801 (b)(2).

     (b) This publication is referenced in WAC 480-93-005, 480-93-080, 480-93-100, 480-93-110, 480-93-124, 480-93-155, 480-93-170, 480-93-180, and 480-93-18601.

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

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

     (a) The commission adopts the ((2004)) 2007 edition, July 1, 2007, 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 (2004 edition, including addenda through July 1, 2005) are available from ASME, http://www.asme.org/codes/. It is also available for inspection at the commission.

     (3) The American Petroleum Institute (API) standard 1104 (((19th edition 1999, including errata October 31, 2001; and)) 20th edition 2007, including errata/addendum July 2007 and errata 2 (2008)).

     (a) The commission adopts the ((19th edition 1999, including errata October 31, 2001; and)) 20th edition 2007, including errata/addendum July 2007 and errata 2 (2008) of this standard.

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

     (c) Copies of API standard 1104 (19th edition 1999, including errata October 31, 2001; and 20th edition 2007, including errata 2008) are available from the Office of API Publishing Services, http://www.api.org/. It is also available for inspection at the commission.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 10-03-044 (Docket A-091124, General Order R-557), § 480-93-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-93-999, filed 12/23/08, effective 1/23/09. Statutory Authority: RCW 80.01.040, 80.04.060 and 81.88.040. 08-12-046 (Docket PG-070975, General Order R-549), § 480-93-999, filed 5/30/08, effective 6/30/08. Statutory Authority: RCW 80.01.040, 80.04.160, 80.28.210, 81.04.160, 81.88.020, and 34.05.353. 06-14-052 (Docket A-060464, General Order No. R-535), § 480-93-999, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 80.04.160, 80.28.210, and 80.01.040. 05-10-055 (Docket No. UG-011073, General Order No. R-520), § 480-93-999, filed 5/2/05, effective 6/2/05. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-93-999, filed 9/28/01, effective 10/29/01.]

OTS-3762.1


AMENDATORY SECTION(Amending Docket A-091124, General Order R-557, filed 1/14/10, effective 2/14/10)

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)) 2010.

     (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)) 2011 edition.

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

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

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

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

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

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

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 10-03-044 (Docket A-091124, General Order R-557), § 480-100-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-100-999, filed 12/23/08, effective 1/23/09; 06-17-087 (Docket A-060475, General Order No. R-537), § 480-100-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-100-999, filed 10/10/05, effective 11/10/05; 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), § 480-100-999, filed 2/28/05, effective 3/31/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-100-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-100-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-999, filed 5/3/01, effective 6/3/01.]

OTS-3763.1


AMENDATORY SECTION(Amending Docket A-091124, General Order R-557, filed 1/14/10, effective 2/14/10)

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)) 2011 edition.

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

     (c) The National Electrical Code is a copyrighted document. Copies are available from the NFPA at 1 Batterymarch Park, Quincy, Massachusetts, 02169 or at internet address http://www.nfpa.org.

     (2) National Electric Safety Code (NESC).

     (a) The commission adopts the version published in ((2002)) 2007.

     (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 and reaffirmed in 2008.

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

     (c) Copies of IEEE Standard 1547 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

     (4) American National Standards Institute (ANSI) Standard C37.90, IEEE Standard for Relays and Relay Systems Associated with Electric Power Apparatus.

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

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

     (c) Copies of IEEE Standard C37.90 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

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

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

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

     (c) Copies of IEEE Standard 519 are available from the Institute of Electrical and Electronics Engineers at http://www.ieee.org/web/standards/home.

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

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

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

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

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

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

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

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

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

     (a) The commission adopts the version published in ((2005)) 2010.

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

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

     (9) Occupational Safety and Health Administration (OSHA) Standard at 29 CFR 1910.269.

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

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

     (c) Copies of Title 29 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

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

     (a) The commission adopts the version in effect on ((July 1, 2008)) September 1, 2010.

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

     (c) The WISHA Standard is available from the Washington Department of Labor and Industries at P.O. Box 44000, Olympia, WA 98504-4000, or at internet address http://www.lni.wa.gov.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 10-03-044 (Docket A-091124, General Order R-557), § 480-108-999, filed 1/14/10, effective 2/14/10; 09-01-171 (Docket A-081419, General Order R-554), § 480-108-999, filed 12/23/08, effective 1/23/09. Statutory Authority: RCW 80.01.040 and 80.04.160. 07-20-059 (Docket UE-060649, General Order 545), § 480-108-999, filed 9/27/07, effective 10/28/07; 06-07-017 (Docket No. UE-051106, General Order No. R-528), § 480-108-999, filed 3/6/06, effective 4/6/06.]

OTS-3764.1


AMENDATORY SECTION(Amending Docket A-091124, General Order R-558, filed 3/19/10, effective 4/19/10)

WAC 480-120-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services for Rates Up To and Including DS3 - Specifications" (((ANSI T1.510-1999)) ATIS 0100510) is published by the American National Standards Institute (ANSI).

     (a) The commission adopts the version in effect on December 29, 1999, and reaffirmed 2008.

     (b) This publication is referenced in WAC 480-120-401 (Network performance standards).

     (c) The American National Standards for Telecommunications "Network Performance Parameters for Dedicated Digital Services for Rates Up To and Including DS3 - Specifications" is a copyrighted document. Copies are available from ANSI in Washington, D.C. and from various third-party vendors.

     (2) The Institute of Electrical And Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics (ANSI/IEEE Std 820-1984) is published by the ANSI and the IEEE.

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

     (b) This publication is referenced in WAC 480-120-401 (Network performance standards).

     (c) The IEEE Standard Telephone Loop Performance Characteristics is a copyrighted document. Copies are available from ANSI and IEEE in Washington, D.C. and from various third-party vendors.

     (3) The National Electrical Safety Code is published by the IEEE.

     (a) The commission adopts the version in effect on January 1, ((2002)) 2007.

     (b) This publication is referenced in WAC 480-120-402 (Safety).

     (c) The National Electrical Safety Code is a copyrighted document. Copies are available from IEEE in Washington, D.C. and from various third-party vendors.

     (4) Title 47 Code of Federal Regulations, cited as 47 CFR, is published by the United States Government Printing Office.

     (a) For this publication as referenced in WAC 480-120-359 (Accounting requirements for companies not classified as competitive) and WAC 480-120-349 (Retaining and preserving records and reports), the commission adopts the version of the relevant sections in effect on October 1, 1998.

     (b) For this publication as referenced in WAC 480-120-202 (Customer proprietary network information), WAC 480-120-146 (Changing service providers from one local exchange company to another), and any other reference in chapter 480-120 WAC except for WAC 480-120-359 and 480-120-349, the commission adopts the version of the relevant sections in effect on October 1, ((2009)) 2010.

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

     (d) The ((2009)) 2010 version of CFR Title 47 is available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 10-07-094 (Docket A-091124, General Order R-558), § 480-120-999, filed 3/19/10, effective 4/19/10. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353. 09-01-171 (Docket A-081419, General Order R-554), § 480-120-999, filed 12/23/08, effective 1/23/09; 06-17-087 (Docket A-060475, General Order No. R-537), § 480-120-999, filed 8/14/06, effective 9/14/06; 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-120-999, filed 10/10/05, effective 11/10/05. Statutory Authority: RCW 80.01.040 and 80.04.160. 05-03-031 (Docket No. UT 040015, General Order No. R-516), § 480-120-999, filed 1/10/05, effective 2/10/05; 03-01-065 (Docket No. UT-990146, General Order No. R-507), § 480-120-999, filed 12/12/02, effective 7/1/03.]

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