WSR 17-15-054

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[Docket A-170015, General Order R-589—Filed July 13, 2017, 8:56 a.m., effective August 13, 2017]

In the matter of amending and adopting several rules in Title 480 WAC relating to adoption-by-reference date revisions.

1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (commission) takes this action under Notice No. WSR 17-07-106 for an expedited rule making, filed with the code reviser on March 21, 2017. The commission has authority to take this action 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 The commission adopts these rules to incorporate by reference federal rules and national standards pertaining to companies the commission regulates. There are no differences between the text of the proposed rules as published in the register and the text of the rules as adopted. The commission did not receive any comments on the proposed rules.

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


Proposed Rule Changes Adoption by Reference Date Changes and Other Changes Docket A-170015
Action	WAC No.	Rule Title	Changes
Chapter 480-14 WAC, Motor carriers, excluding household goods carriers and common carrier brokers.
Amend	480-14-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 49 Code of Federal Regulations (C.F.R.), amends the effective date of adoption to December 31, 2016, for the following:
				-	Part 171 - General Information, Regulations and Definitions.
				-	Part 172 - Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans.
				-	Part 173 - Shippers-General Requirements for Shipments and Packagings.
Chapter 480-15 WAC, Household goods carriers.
Amend	480-15-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 49 C.F.R., amends the effective date of adoption to December 31, 2016, for the following:
				-	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 385 - Safety Fitness Procedures.
				-	Part 390 - Safety Regulations, General.
				-	Part 391 - Qualification of Drivers.
				-	Part 392 - Drivers of Commercial Vehicles.
				-	Part 393 - Parts and Accessories for Safe Operation.
				-	Part 395 - Hours of Service of Drivers.
				-	Part 396 - Inspection, Repair and Maintenance.
				-	Part 397 - Transportation of Hazardous Materials.
			Adoption by reference text changed as follows:
			•	North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2016. No significant changes - new edition of previously adopted reference.
Chapter 480-30 WAC, Passenger transportation companies.
Amend	480-30-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 49 C.F.R., amends the effective date of adoption to December 31, 2016, for the following:
				-	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 385 - Safety Fitness Procedures.
				-	Part 390 - Safety Regulations, General.
				-	Part 391 - Qualification of Drivers.
				-	Part 392 - Driver of Commercial Vehicles.
				-	Part 393 - Parts and Accessories for Safe Operation.
				-	Part 395 - Hours of Service of Drivers.
				-	Part 396 - Inspection, Repair and Maintenance.
				-	Part 397 - Transportation of Hazardous Materials.
			Adoption by reference text changed as follows:
			•	North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2016. No significant changes - new edition of previously adopted reference.
Chapter 480-31 WAC, Private, nonprofit transportation providers.
Amend	480-31-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 49 C.F.R., amends the effective date of adoption to December 31, 2016, for the following:
				-	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 385 - Safety Fitness Procedures.
				-	Part 390 - Safety Regulations, General.
				-	Part 391 - Qualification of Drivers.
				-	Part 392 - Driver of Commercial Vehicles.
				-	Part 393 - Parts and Accessories for Safe Operation.
				-	Part 395 - Hours of Service of Drivers.
				-	Part 396 - Inspection, Repair and Maintenance.
				-	Part 397 - Transportation of Hazardous Materials.
			Adoption by reference text changed as follows:
			•	North American Standard Out-Of-Service Criteria, amends the effective date to April 1, 2016. No significant changes - new edition of previously adopted reference.
Chapter 480-62 WAC, Railroad companies—Operations.
Amend	480-62-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 49 C.F.R., amends the effective date of adoption to December 31, 2016, for the following:
				-	Part 171 - General Information, Regulations, and Definitions.
				-	Part 172 - Emergency Response Information, Training Requirements, and Security Plans.
				-	Part 173 - Shippers General Requirements for Shipments and Packages.
				-	Part 174 - Carriage by Rail.
				-	Part 178 - Specifications for Packaging's.
				-	Part 179 - Specifications for Tank Cars.
				-	Part 209 - Railroad Safety Enforcement Procedures.
				-	Part 211 - Rules of Practice - no changes made since last adoption date.
				-	Part 212 - State Safety Participation Regulations - no changes made since last adoption date.
				-	Part 213 - Track Safety Standards.
				-	Part 214 - Railroad Workplace Safety.
				-	Part 217 - Railroad Operating Rules.
				-	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 - Vehicle In Use Inspection Standards - no changes made since last adoption.
Chapter 480-70 WAC, Solid waste and/or refuse collection companies.
Amend	480-70-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 40 C.F.R., amends the effective date of adoption to December 31, 2016.
			•	49 C.F.R., amends the effective date of adoption to December 31, 2016, for the following:
				-	Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs.
				-	Part 171 - General Information, Regulations and Definitions.
				-	Part 172 - Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans.
				-	Part 173 - Shippers-General Requirements for Shipments and Packagings.
				-	Part 174 - Carriage by Rail.
				-	Part 175 - Carriage by Aircraft.
				-	Part 176 - Carriage by Vessel.
				-	Part 177 - Carriage by Public Highway.
				-	Part 178 - Specifications for Packagings.
				-	Part 179 - Specifications for Tank Cars.
				-	Part 180 - Continuing Qualification and Maintenance of Packagings.
				-	Part 382 - Controlled Substance and Alcohol Use and Testing.
				-	Part 383 - Commercial Driver's License Standards; Requirements and Penalties.
				-	Part 385 - Safety Fitness Procedures.
				-	Part 390 - Safety Regulations, General.
				-	Part 391 - Qualification of Drivers.
				-	Part 392 - Driver of Commercial Vehicles.
				-	Part 393 - Parts and Accessories for Safe Operation.
				-	Part 395 - Hours of Service of Drivers.
				-	Part 396 - Inspection, Repair and Maintenance.
				-	Part 397 - Transportation of Hazardous Materials.
			Adoption by reference text changed as follows:
			•	North American Standard Out-Of-Service Criteria amends the effective date to April 1, 2016. No significant changes - new edition of previously adopted reference.
Chapter 480-75 WAC, Hazardous liquid pipelines—Safety.
Amend	480-75-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 49 C.F.R, the effective date of these amendments is October 1, 2015. Immediate compliance with these amendments is authorized. The incorporation by reference by certain publications listed in the rule is approved by the director of the Federal Register as of March 6, 2015, for the following:
				-	Part 195 - Transportation of Hazardous Liquids by Pipeline.
				-	Part 198 - Regulations for Grants to Aid State Pipeline Safety Programs.
				-	Part 199 - Drug and Alcohol Testing - no changes since last edition.
Chapter 480-90 WAC, Gas companies—Operations.
Amend	480-90-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 18 C.F.R., amends the effective date of adoption to December 2, 2016, for 18 C.F.R. Part 260.
			Adoption by reference text changed as follows:
			•	Title 18 C.F.R., amends subsection (1)(d) to rephrase the availability of the resource at Government Publishing Office and include "It is also available for inspection at the commission branch of the state library."
			•	Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities, amends subsection (2)(c) to include the internet address for the National Association of Regulatory Utility Commissioners (NARUC) publications store http://www.naruc.org/Store and add "It is also available for inspection at the commission branch of the state library."
Chapter 480-93 WAC, Gas companies—Safety.
Amend	480-93-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 49 C.F.R., amends the effective date of adoption to March 6, 2015, for the following:
				-	Part 191 - Report Forms - no change since last edition.
				-	Part 192 - Transportation of Natural and Other Gas by Pipeline.
				-	Part 193 - Liquefied Natural Gas and Facilities - no change since last edition.
				-	Part 198 - Regulations for Grants to Aid State Pipeline Safety Programs - See Note 3.
				-	Part 199 - Drug and Alcohol Testing - no change since last edition.
Chapter 480-100 WAC, Electric companies.
Amend	480-100-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Title 18 C.F.R., amends the effective date of adoption to April 1, 2015, for the entire chapter.
			•	The National Electrical Code (NEC), amends the effective date of adoption to 2017.
			Adoption by reference text changed as follows:
			•	Title 18 C.F.R., amends subsection (1)(d) to rephrase the availability of the resource at Government Publishing Office.
			•	Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities, amends subsection (2)(c) to include the internet address for NARUC publications store http://www.naruc.org/Store and add "It is also available for inspection at the commission branch of the state library."
			•	NEC, amends subsection (3)(a) to include "errata 70-17-1 published September 29, 2016, 70-17-2 published December 16, 2016, and 70-14-3 published January 11, 2017."
			•	The American National Standard for Electric Meters: Code for Electricity Metering, amends subsection (4)(c) to provide the internet addresses to purchase ANSI C12.1: http://webstore.ansi.org/ (PDF) and https://global.ihs.com/ (PDF or print).
Chapter 480-107 WAC, Electric companies—Purchases of electricity from qualifying facilities and independent power producers and purchases of electrical savings from conservation suppliers.
Amend	480-107-999	Adoption by reference	Adoption by reference text changed as follows. In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. The publication, effective date, reference within this chapter, and availability of the resources are as follows:
			•	Public Utilities Regulatory Policies Act of 1978 (PURPA), Title II, Sections 201 and 210, cited as 16 U.S.C. § 796 and 824a-3, including all amendments is published by the United States Government Publishing Office. No changes. (a) The commission adopts the version in effect on August 8, 2005. (b) This publication is reference[d] in WAC 480-107-001 Purpose and scope. (c) Copies of U.S.C. are available from the United States Government Printing Office in Washington, D.C. or online at http://www.gpo.gov/.
			•	Title 18 C.F.R. Part 292, cited as 18 C.F.R. § 292, including all appendices and amendments is published by the United States Government Publishing Office. No changes.
Chapter 480-108 WAC, Electric companies—Interconnection with electric generators.
Amend	480-108-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	NEC, amends the effective date to 2017. No significant changes - new edition of previously adopted reference.
			•	Underwriters Laboratories (UL) UL Standard 1741, amends the effective date to January 28, 2010. No significant changes - new edition of previously adopted reference.
			•	Occupational Safety and Health Administration Standard at 29 C.F.R. 1910.269, amends the effective date to January 17, 2017. No significant changes - new edition of previously adopted reference.
Chapter 480-109 WAC, Electric companies—Acquisition of minimum quantities of conservation and renewable energy as required by the Energy Independence Act.
Amend	480-109-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	Northwest Power and Conservation Council's Regional Technical Forum, amends the effective date of adoption to 2016 for the seventh version of Northwest Conservation and Electric Power Plan.
Chapter 480-110 WAC, Water companies.
Amend	480-110-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	The Uniform System of Accounts for Water Utilities is published by NARUC. (1) No date change to current rule.
			•	The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Utilities is published by NARUC. (a) No date change to current rule.
Chapter 480-120 WAC, Telephone 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 - Specifications" - (ANSI 01510) - as of December 29, 1999, and reaffirmed 2013 - The current rule had reflected that this publication had been reaffirmed in 2008, but this has now been updated to show that has also been reaffirmed in 2013.
			•	The Institute of Electrical and Electronic Engineers Standard Telephone Loop Performance Characteristics – as of 2005. No date change to current rule - the note is for clarification only.
			•	National Electrical Safety Code. No date change to current rule.
			•	Title 47 C.F.R., except Sections 64.2003 through 64.2009. Amends the publication date to October 1, 2016.
			•	Title 47 C.F.R., Sections 64.2003 through 64.2009. Amends the publication date to October 1, 2016.
Chapter 480-123 WAC, Universal service.
Amend	480-123-999	Adoption by reference	Adoption by reference dates changed as follows:
			•	The Cellular Telecommunications and Internet Association's Consumer Code for Wireless Service. Amends the effective date to January 1, 2017.
			•	Title 47 C.F.R., Part 54, amends the publication date to October 1, 2016.

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

8 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-105) on March 21, 2017, at WSR 17-07-106. 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 June 19, 2017. The commission posted the relevant rule-making information on its internet web site at www.utc.wa.gov/170015.

9 COMMENTERS (WRITTEN COMMENTS): The commission did not receive any received [written] 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 and adopt the rules as proposed in the CR-105 at WSR 17-07-106.

11 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-62-999, 480-70-999, 480-75-999, 480-90-999, 480-93-999, 480-100-999, 480-108-999, 480-109-999, 480-110-999, and 480-120-999 should be amended to read as set forth in Appendix A, as the 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 14, 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) WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-62-999, 480-70-999, 480-75-999, 480-90-999, 480-93-999, 480-100-999, 480-108-999, 480-109-999, 480-110-999, and 480-120-999 are amended to read as set forth in Appendix A, as rules of the Washington utilities and transportation commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

14 (2) This order and the rules set out in Appendix A, after being recorded in the order 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, July 13, 2017.

Washington Utilities and Transportation Commission

David W. Danner, Chairman

Ann E. Rendahl, Commissioner

Jay M. Balasbas, Commissioner

Appendix A

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-14-999 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 publication, effective dates, references within this chapter, and availability of the resource is within Title 49 Code of Federal Regulations (C.F.R.), including all appendices and amendments is published by the United States Government Printing Office.

(1) The commission adopts the version in effect on ((October 6, 2015)) December 31, 2016, for 49 C.F.R. Parts 171, 172 and 173.

(2) This publication is referenced in WAC 480-14-250 (Insurance requirements).

(3) Copies of Title 49 C.F.R. are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-15-999 Adoption by reference.

(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, ((2015)) 2016.

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

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

(a) The commission adopts the version in effect on ((October 6, 2015)) December 31, 2016.

(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.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-30-999 Adoption by reference.

(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, ((2015)) 2016.

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

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

(a) The commission adopts the version in effect on ((October 6, 2015)) December 31, 2016.

(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.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-31-999 Adoption by reference.

(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, ((2015)) 2016.

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

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

(a) The commission adopts the version in effect on ((October 6, 2015)) December 31, 2016.

(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.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-62-999 Adoption by reference.

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

(a) The commission adopts the version in effect on ((October 6, 2015)) December 31, 2016.

(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 ((October 6, 2015)) December 31, 2016.

(b) This publication is referenced in WAC 480-62-230 (Traffic control devices) and WAC 480-62-235 (Flaggers).

(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) ANSI Z308.1 - 2015 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 ((October 6, 2015)) December 31, 2016.

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

(c) Copies of ANSI Z308.1 - 2015 American National Standard for Minimum Requirements for Workplace First Aid Kits and Supplies are available from IHS Global Engineering Documents in Englewood, Colorado.

(4) ANSI/ISEA 207-2011 - 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 ((October 6, 2015)) December 31, 2016.

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

(c) Copies of ANSI/ISEA 207-2011 - American National Standard for High-Visibility Public Safety Vests are available from IHS Global Engineering Documents in Englewood, Colorado.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

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, ((2015)) 2016.

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

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

(a) The commission adopts the version in effect on ((October 6, 2015)) December 31, 2016.

(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 C.F.R., including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on ((October 6, 2015)) December 31, 2016.

(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.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-75-999 Adoption by reference.

(1) Title 49 Code of Federal Regulations, cited as 49 C.F.R., Parts 195, 198, 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, published by the United States Government Printing Office.

(a) The commission adopts the version in effect on March 6, 2015.

(b) This publication is referenced in WAC 480-75-370 (Design factor (F) for steel pipe) 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, 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 2007 edition, 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 2007 edition, 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 (20th edition 2005, including errata/addendum July 2007 and errata 2 (December 2008)).

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

(b) Copies of API standard 1104 (20th edition 2005, including errata/addendum July 2007 and errata December 2008) are available from the Office of API Publishing Services, http://www.api.org/. It is also available for inspection at the commission.

(((5) The commission adopts API RP standard 1117 Third Edition, July 2008, including errata December 2008 and errata 2 (August 2009).

(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 and errata 2 August 2009 are available from API, http://www.api.org/. It is also available for inspection at the commission.))

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-90-999 Adoption by reference.

(1) Title 18 Code of Federal Regulations, cited as 18 C.F.R., including all appendices and amendments is published by the United States Government ((Printing)) Publishing Office.

(a) The commission adopts the version in effect on April 1, 2015.

(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 ((Printing)) Publishing Office in Washington, D.C., or online at http://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission branch of the state library.

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

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

(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. or at NARUC publications store online: http://www.naruc.org/store. It is also available for inspection at the commission branch of the state library.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

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, 198, 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 March ((11, 2015)) 6, 2016, 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 C.F.R. § 192.801 (b)(2).

(b) This publication is referenced in WAC 480-93-005 (Definitions), WAC 480-93-080 (Welder and plastic joiner identification and qualification), WAC 480-93-100 (Valves), WAC 480-93-110 (Corrosion control), WAC 480-93-124 (Pipeline markers), WAC 480-93-170 (Tests and reports for gas pipelines), WAC 480-93-180 (Plans and procedures), and WAC 480-93-18601 (Leak classification and action criteria—Grade—Definition—Priority of leak repair).

(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 2007 edition, July 1, 2007, of Section IX of the ASME Boiler and Pressure Vessel Code.

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

(c) Copies of Section IX of the ASME Boiler and Pressure Vessel Code (2007 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 (20th edition October 2005, including errata/addendum July 2007 and errata 2 (2008)).

(a) The commission adopts the 20th edition 2005, 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 (20th edition 2005, including errata/addendum July 2007 and errata December 2008) are available from the Office of API Publishing Services, http://www.api.org/. It is also available for inspection at the commission.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-100-999 Adoption by reference.

In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. 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 C.F.R., including all appendices and amendments is published by the United States Government ((Printing)) Publishing Office.

(a) The commission adopts the version in effect on April 1, 2015.

(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 ((Printing)) Publishing Office in Washington D.C., or online at http://www.gpo.gov/, and from various third-party vendors. It is also available for inspection at the commission branch of the state library.

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

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

(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. or at NARUC publications store online: http://www.naruc.org/store. It is also available for inspection at the commission branch of the state library.

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

(a) The commission adopts the edition effective ((September 3, 2014)) in 2017, including errata ((70-14-1)) 70-17-1 published September ((16, 2013)) 29, 2016, errata ((70-14-2)) 70-17-2 published December ((3, 2013, 70-14-3)) 16, 2016, and 70-17-3 published ((April 21, 2014, and 70-14-4 published July 29, 2014)) January 11, 2017.

(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 at 1 Batterymarch Park, Quincy, Massachusetts 02169, or at internet address http://www.nfpa.org/.

(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)) 2016.

(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. ANSI C12.1 – ((2008)) 2016 is available at American National Standards Institute web site http://webstore.ansi.org/ (PDF) or at IHS Standards Store web site https://global.ihs.com/ (PDF and print).

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-107-999 Adoption by reference.

In this chapter, the commission adopts by reference all or portions of regulations and standards identified in subsections (1) and (2) of this section. The publication, effective date, reference within this chapter, and availability of the resources are as follows:

(1) Public Utilities Regulatory Policies Act of 1978 (PURPA), Title II, Sections 201 and 210, cited as 16 U.S.C. Sec. 796 and 824a-3, including all amendments is published by the United States Government ((Printing)) Publishing Office.

(a) The commission adopts the version in effect on August 8, 2005.

(b) This publication is reference in WAC 480-107-001 (Purpose and scope).

(c) Copies of U.S. Code are available from the U.S. Government ((Printing)) Publishing Office in Washington, D.C. or online at http://www.gpo.gov/.

(2) Title 18 Code of Federal Regulations Part 292, cited as 18 C.F.R. Sec. 292, including all appendices and amendments is published by the United States Government ((Printing)) Publishing Office.

(a) The commission adopts the version in effect on April 1, 2015.

(b) This publication is referenced in WAC 480-107-001 (Purpose and scope).

(c) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government ((Printing)) Publishing Office in Washington D.C. or online at http://www.gpo.gov/ and from various third-party vendors. It is also available for inspection at the commission branch of the state library.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-108-999 Adoption by reference.

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

(a) The commission adopts the edition effective ((April 7, 2015, including errata 70-14-1 published September 16, 2013, errata 70-14-2 published December 3, 2013, errata 70-14-3 published April 21, 2014, and errata 70-14-4 published July 29, 2014)) 2017, including errata 70-17-1 published September 29, 2016, errata 70-17-2 published December 16, 2016, and 70-17-3 published January 11, 2017.

(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).

(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 Electrical Safety Code (NESC).

(a) The commission adopts the ((2012)) 2017 edition.

(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).

(c) Copies of the National Electrical 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, including amendment 1547a-2014, published May 21, 2014.

(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).

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

(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 and reaffirmed in 2011.

(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).

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

(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 June 11, 2014.

(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).

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

(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)) 1993 and reaffirmed in 1999.

(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).

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

(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 480-108-040 (General terms and conditions of interconnection).

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

(8) Underwriters Laboratories (UL), including UL Standard 1741, Inverters, Converters, Controllers and Interconnection Systems Equipment for Use with Distributed Energy Resources.

(a) The commission adopts the version published January ((7, 2015)) 28, 2010.

(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).

(9) Occupational Safety and Health Administration (OSHA) Standard at 29 C.F.R. 1910.269.

(a) The commission adopts the version published on ((October 5, 2015)) November 18, 2016, effective January 17, 2017.

(b) This publication is referenced in WAC 480-108-040 (General terms and conditions of interconnection).

(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.

AMENDATORY SECTION (Amending WSR 16-05-035, filed 2/9/16, effective 3/11/16)

WAC 480-109-999 Adoption by reference.

In this chapter, the commission adopts by reference all, or portions of, the publications identified below. They are available for inspection at the commission branch of the Washington state library. The publications, publication dates, references within this chapter, and availability of the resources are as follows:

(1) Northwest Conservation and Electric Power Plan as published by the Northwest Power and Conservation Council.

(a) The commission adopts the ((sixth)) seventh version published in ((2010)) 2016.

(b) This publication is referenced in WAC 480-109-100.

(c) Copies of ((Sixth)) Seventh Northwest Conservation and Electric Power Plan are available from the Northwest Power and Conservation Council at ((http://www.nwcouncil.org/energy/powerplan/6/plan/)) https://www.nwcouncil.org/energy/powerplan/7/plan/.

(2) Weatherization Manual as published by the Washington state department of commerce.

(a) The commission adopts the version published in ((April 2009, and revised July 2014)) July 2015 (with 2016 revisions).

(b) This publication is referenced in WAC 480-109-100.

(c) Copies of Weatherization Manual are available from the Washington state department of commerce at ((http://www.commerce.wa.gov/Programs/services/weatherization/Pages/WeatherizationTechnicalDocuments.aspx)) http://www.commerce.wa.gov/wp-content/uploads/2016/07/ws-manual-2016.pdf.

(3) The unit energy savings values as published by the Northwest Power and Conservation Council's Regional Technical Forum.

(a) The commission adopts the unit energy savings with status of "Active" or "Under Review" on January 10, 2016.

(b) This information is referenced in WAC 480-109-100.

(c) The spreadsheets containing the unit energy savings values are available for download at ((http://rtf.nwcouncil.org/measures/Default.asp)) https://rtf.nwcouncil.org/measures/Default.asp.

(4) The standard protocols as published by the Northwest Power and Conservation Council's Regional Technical Forum.

(a) The commission adopts the standard protocols with status of "Active" or "Under Review" on January 10, 2016.

(b) This information is referenced in WAC 480-109-100.

(c) The spreadsheets containing the standard protocols are available for download at ((http://rtf.nwcouncil.org/protocols/Default.asp)) https://rtf.nwcouncil.org/standard-protocols.

AMENDATORY SECTION (Amending WSR 15-08-043, filed 3/26/15, effective 4/26/15)

WAC 480-120-999 Adoption by reference.

(1) American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services for Rates Up To and Including DS3 - Specifications" (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)) 2013.

(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 820-2005) 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 2012 edition.

(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 C.F.R., 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, ((2012)) 2016.

(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, ((2011)) 2016.

(c) The ((2011 and 2012)) 2016 version((s)) of C.F.R. Title 47 ((are)) is available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

AMENDATORY SECTION (Amending WSR 15-08-043, filed 3/26/15, effective 4/26/15)

WAC 480-123-999 Adoption by reference.

(1) The Cellular Telecommunications and Internet Association's (CTIA) Consumer Code for Wireless Service.

(((2))) (a) The commission adopts the version in effect on January 1, ((2014)) 2017.

(((3))) (b) This publication is referenced in WAC 480-123-030 (contents of petition for eligible telecommunications carriers).

(((4))) (c) Copies of the CTIA Consumer Code for Wireless Service are available at ((http://www.ctia.org)) http://www.ctia.org/initiatives/voluntary-guidelines/consumer-code-for-wireless-service.

(2) Title 47, Code of Federal Regulations, cited as 47 C.F.R., is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, 2016.

(b) This publication is referenced in WAC 480-123-010 (Federal universal service contracts), WAC 480-123-060 (Annual certification of eligible telecommunications carriers), WAC 480-123-070 (Annual certifications and reports), WAC 480-123-100 (Prerequisites for requesting program support), and WAC 480-123-110 (Petitions for eligibility to receive program support).

(c) The 2016 version of C.F.R. Title 47 is available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.