WSR 13-15-139
[Filed July 23, 2013, 12:58 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-11-116.
Title of Rule and Other Identifying Information: Transportation of hazardous materials.
Hearing Location(s): Washington State Patrol, General Administration Building, Room G-3, 210 11th Avenue S.W., Olympia, WA 98504-2600, on August 27, 2013, at 9:00 a.m.
Date of Intended Adoption: August 28, 2013.
Submit Written Comments to: CVEO 4 William Balcom, Motor Carrier Safety Division, P.O. Box 42614, Olympia, WA 98504-2614, e-mail, fax (360) 596-3829, by August 23, 2013.
Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by August 23, 2013, (360) 596-4017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes include but may not be limited to:
WAC 446-50-010, amend the language to update references to the committee originally created in RCW 46.48.190 but now under RCW 46.48.170.
WAC 446-50-080, amend language to update references as well as adopt new C.F.R. references regarding hazardous materials regulations.
Amendments are also necessary within the chapter to update references to RCW.
Reasons Supporting Proposal: Washington state patrol is in need of updating the regulations in order to align state rules with state and federal regulations.
Statutory Authority for Adoption: RCW 46.48.170.
Statute Being Implemented: RCW 46.48.170.
Rule is necessary because of federal law, 49 C.F.R. 350.201, 49 C.F.R. 107, and 49 C.F.R. 108.
Name of Proponent: Federal Motor Carrier Administration, Washington utilities and transportation commission, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: CVEO 4 William Balcom, P.O. Box 42614, Olympia, WA 98504-2614, (360) 596-3807; and Enforcement: WSP Commercial Vehicle Enforcement Bureau, P.O. Box 42614, Olympia, WA 98504-2614, (360) 596-3800.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required for this proposal.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal is implementing federal rules.
July 23, 2013
John R. Batiste
AMENDATORY SECTION (Amending WSR 81-03-008, filed 1/8/81)
WAC 446-50-010 Authority.
Chapter 46.48 RCW authorizes the Washington state patrol acting by and through its chief after conferring with the ((committee created by RCW 46.48.190)) emergency management council under RCW 38.52.040 to adopt regulations concerning the safe transportation of hazardous materials, hazardous waste, and radioactive waste materials upon the public highways of this state. Chapter 46.32 RCW permits the inspection of vehicles traveling on the highways of this state.
AMENDATORY SECTION (Amending WSR 80-01-009, filed 12/11/79)
WAC 446-50-050 Inspection.
All carriers of radioactive waste materials within the state ((shall)) will submit to a comprehensive safety equipment inspection conducted by members of the Washington state patrol. These equipment inspections ((shall)) must be conducted under the authority of ((RCW 46.48.170 through 46.48.190)) chapter 46.48 RCW.
AMENDATORY SECTION (Amending WSR 85-20-070, filed 9/30/85)
WAC 446-50-080 Transportation requirements.
(1) The Washington state patrol acting by and through the chief of the Washington state patrol after conferring with the ((committee created by RCW 46.48.190)) emergency management council under RCW 38.52.040 hereby adopts the following parts of Title 49 Code of Federal Regulations, ((as they exist during 1985, subject to any appendices and amendments in the future)) in effect on the effective date of this section:
(a) The following sections of part 107 Hazardous materials program procedures:
(i) Subpart F - Registration of cargo tank and cargo tank motor vehicle manufacturers, assemblers, repairers, inspectors, testers, and design certifying engineers; and
(ii) Subpart G - Registration of persons who offer or transport hazardous materials.
(b) Part 170 (Reserved)((,)).
(c) Part 171 General information, regulations, and definitions((,)).
(d) Part 172 Hazardous materials table ((and)), special provisions, hazardous materials communications ((regulations)), emergency response information and training requirements.
(e) Part 173 Shippers—General requirements for shipments and packaging((,)).
(f) Part 177 Carriage ((on)) by public highway((,)).
(g) Part 178 ((Shipping container)) Specifications((, 180-189)) for packagings.
(h) Part 180 Continuing qualification and maintenance of packagings.
(i) Part 189 (Reserved).
(2) Title 49 C.F.R., parts 100 through 199, relates to safety in the transportation of hazardous materials upon the public highways. This regulation is intended to apply only to the transportation of hazardous materials by highway in Washington, to the handling and storage operations incident to such transportation, and to the highway portion of an intermodal shipment of hazardous materials.
(((2))) (3) Copies of Title 49 C.F.R., parts 100 through 199, now in force are on file at ((the code reviser's office, Olympia[,] and at)) the Washington state patrol headquarters, commercial vehicle enforcement section, Olympia. ((Additional copies may be available for review at Washington state patrol district headquarters offices, public libraries, Washington utilities and transportation [(commission offices and at the United States Department of Transportation)], bureau of motor carrier safety office, Olympia.)) Copies of the C.F.R. may be purchased through the Superintendent of Documents, United States Government Printing Office, 732 N. Capitol Street N.W., Washington, D.C. 20402.