reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 1 - State Ferries (Alaska Marine Highway) › 17 AAC 70.220 - Refunds and cancellation penalties

Current through May 31, 2024
(a) Subject to the
				restrictions and cancellation penalties set out in (b) and (c) of this section,
				a passage ticket for passenger or vehicle deck space or a stateroom or berth
				ticket will be refunded as follows:
(1) an
				unused ticket will be refunded at full purchase price upon request and
				presentation of the ticket;
(2) a
				ticket that is only partly used because of a change in destination, number of
				persons ticketed, size of vehicle or stateroom or berth accommodations, or
				another factor, will be refunded on a pro rate basis upon request and
				presentation of the ticket; and
(3)
				a loss ticket will, in the discretion of the Alaska Marine Highway System, be
				refunded at full purchase price upon application and certification of loss on a
				form provided by the system.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 1 - State Ferries (Alaska Marine Highway) › 17 AAC 70.230 - Regulations as terms of contract for passage

Current through May 31, 2024
The provisions of this chapter are a part of the contract for
				  passage on the ferry system as embodied in the ticket or similar device. No
				  employee of the ferry system, or any independent contractor, travel agency, or
				  other person selling passage on the ferry system, is authorized to waive any of
				  the provisions of this chapter.
Authority:
AS
					 44.17.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.250 - General prerequisites for private use

Current through May 31, 2024
(a) It is the
				policy of the Alaska Marine Highway System to allow private sector vessels to
				use marine highway system terminal facilities if
(1) a terminal facility of similar capacity
				is not available in a specific locality;
(2) the vessel is compatible in size and
				configuration to the particular marine highway system terminal
				facility;
(3) the private sector
				vessel is a passenger vessel, cargo vessel, or passenger-related ferry vessel,
				with roll-on, roll-off capabilities;
(4) use of the marine highway system terminal
				facilities does not interfere in any way with the schedules of the marine
				highway system or maintenance to terminal facilities;
(5) jurisdiction over the operations of the
				vessel by the appropriate customs and immigration service is arranged by the
				vessel operator so that no disruption of ferry service or terminal operations
				occurs;
(6) no marine highway
				system terminal facility modifications are required to accommodate the
				particular vessel;
(7) the vessel
				and its owners and operators hold and save the state, its officers, agents, and
				employees harmless from liability of any nature or kind, including costs and
				expenses for or on account of any and all legal actions or claims of any kind
				resulting from injuries or damages sustained by a person or persons, or
				property, arising from the vessel's use of marine highway system terminal
				facilities;
(8) the vessel owners
				and operators maintain insurance satisfactory to the state and, before using
				marine highway system terminal facilities, file certificates of insurance
				which, if required by the system director, also provide for a 30-day prior
				notice of cancellation, nonrenewal, or material change in the
				insurance.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.260 - Terminal use

Current through May 31, 2024
(a) No private sector vessel may use marine
				highway system terminal facilities without first making application on a form
				provided by the Alaska Marine Highway System, and receiving approval of that
				application. Applications for use of marine highway system terminal facilities
				may be obtained from the Alaska Marine Highway System, P.O. Box 25535, Juneau,
				Alaska 99802-5535; phone: (907) 465-3955; fax: (907) 465-2024.
(b) No private sector vessel will be allowed
				to use Alaska Marine Highway System terminal facilities unless the certificates
				of insurance required by
				17 AAC 70.250(a) (8), and a payment bond required by
				17 AAC 70.280(b)
				are submitted when requested by the system director for the Alaska Marine
				Highway System.
(c) The
				certificates of insurance required by
				17 AAC 70.250(a) (8) must indicate the following coverages:
(1) comprehensive general liability with
				broad form endorsement and with coverage limits of $750,000 per occurrence;
				$750,000 per aggregate for premises operations, independent contractors,
				blanket contractual, personal injury, and cross-liability endorsement, with the
				State of Alaska included as an additional insured;
(2) protection and indemnity, including crew
				exposure, to include excess collision coverage, pollution liabilities, excess
				collision liability, excess general average and salvage charges, and excess use
				and labor expenses, in an amount to be determined by the Alaska Marine Highway
				System; and
(3) at the private
				sector user's expense, additional insurance in amounts determined sufficient by
				the Alaska Marine Highway System to cover the private sector user's liability
				for damage to vessels, docks, and other property during loading and unloading,
				and while that property is in the care, custody, and control of the private
				sector user.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.265 - Denial and revocation of terminal use

Current through May 31, 2024
(a) The system
				director for the Alaska Marine Highway System, may deny an application for
				terminal use if
(1) the applicant has billings
				for previous marine highway system terminal use which are more than 30 days
				past due;
(2) the vessel to be
				docked at a specific marine highway system terminal facility is of a size or
				configuration that exceeds the facility's design capacity;
(3) the applicant fails to provide, when
				required by the system director, the certificates of insurance required under
				17 AAC 70.250(a) (8);
(4) the applicant fails to provide the
				payment bond required by
				17 AAC 70.280(b);
				or
(5) the period for use of the
				marine highway system terminal facility has been previously assigned to another
				private sector operator or a vessel of the Alaska Marine Highway System, or if
				the applicant's proposed use conflicts with construction, repair, or
				operational activities at the terminal facility.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.270 - Facilities and services provided

Current through May 31, 2024
(a) A private
				sector user who has been issued an authorization or contract for terminal use
				may embark and disembark passengers, vehicles, or cargo while the vessel is
				moored at the marine highway system terminal facility.
(b) The vessel may not take on fuel nor
				dispose of sewage, while moored at the terminal facility. Garbage and refuse
				may be removed from the vessel if the private sector user obtains the services
				of a local contractor, authorized by the Alaska Public Utilities Commission or
				other appropriate regulatory agency, to remove the materials to a place of
				disposal. The private sector user may not leave garbage or refuse at the
				terminal facility for pickup by a local contractor. If the local contractor
				does not meet the vessel, the garbage and refuse must remain on the vessel when
				the vessel departs.
(c) A private
				sector user may use all staging areas at the particular terminal facility,
				unless otherwise limited by the terms of the authorization or contract.
				However, the staging areas must be clear of the private sector's passengers'
				vehicles at least two hours before the scheduled arrival, or three hours before
				the scheduled sailing of an Alaska Marine Highway System vessel, whichever is
				earlier.
(d) An authorization or
				contract for terminal use does not allow the use of waiting rooms, ticket
				counters, nor any structures located on the marine highway system terminal
				facility site, unless specifically stated in the authorization or
				contract.
(e) Use by the private
				sector user of the marine highway system terminal facility's transfer bridge to
				embark and disembark passengers and vehicles may only take place when
				authorized by the system director and when the transfer bridge is operated by
				employees or approved contractors of the Alaska Marine Highway System. Use of
				the transfer bridge is subject to an additional charge as set out in the Alaska
				Marine Highway Terminal and Terminal Operation Tariff, dated November, 1992, or
				by authorization or contract.
(f)
				The following services are not provided to a private sector user of marine
				highway system terminal facilities, and are the sole responsibility of the
				private sector user:
(1) line
				handling;
(2) loading and unloading
				the vessel; and
(3) staging
				passengers, vehicles, or other items to or from the vessel.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.280 - Liquidated damages for delays to marine highway system schedules

Current through May 31, 2024
(a) If
				a private sector user fails to remove the user's vessel from a berth or clear
				attendant facilities at a marine highway system terminal, causing a delay to a
				vessel of the Alaska Marine Highway System, or another private sector vessel
				scheduled to use the facility, the private vessel causing the delay and its
				owner and operator are liable to the state for liquidated damages of $2,500 per
				hour of delay. For a fractional part of any additional hour less than 30
				minutes, the charge is $1,000. For a period of 30 minutes or longer, the full
				hourly charge applies.
(b) A delay
				has occurred if
(1) the berth is not cleared
				one hour before the scheduled arrival or three hours before the scheduled
				sailing of an Alaska Marine System vessel or another vessel scheduled to use
				the facility, whichever is earlier;
(2) the attendant facilities at the marine
				highway system terminal are not cleared two hours before the scheduled arrival
				or three hours before the scheduled sailing of an Alaska Marine Highway System
				vessel or another vessel scheduled to use the facility, whichever is
				earlier.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.290 - Liability for damage to facilities

Current through May 31, 2024
(a) Private sector
				users using marine highway system terminal facilities are strictly liable for
				any damages to the facilities caused by their vessel operations. Private sector
				users will be billed for any repairs, at cost plus the state's
				overhead.
(b) The Alaska Marine
				Highway System is not liable for any damage to a private vessel which occurs
				while the vessel is using Alaska Marine Highway System terminal
				facilities.
Authority:
AS
					 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.295 - Pass-through of direct costs

Current through May 31, 2024
Direct costs to the state resulting from a private sector
				  vessel's use of marine highway system terminal facilities will be passed on
				  directly to the private sector user. These direct costs are in addition to the
				  charges stated in the Alaska Marine Highway System Terminal and Terminal
				  Operation Tariff and the liquidated damages stated in
				  17 AAC 70.280. These charges
				  include the repair of damages caused to the ferry terminal by the vessel, its
				  passengers, and their vehicles, or any additional amount the state is required
				  to pay its contractors for delays in construction or repairs of the terminal
				  facility because of the vessel's operations.
Authority:
AS
					 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.300 - Billing for use

Current through May 31, 2024
(a) The Alaska Marine Highway System shall
				promptly submit billings to the private sector user after use of the marine
				highway system terminal facilities.
(b) Billings must include, as applicable, the
				charges specified in the Alaska Marine Highway System Terminal and Terminal
				Operation Tariff or terminal use authorization or contract for use of the
				terminal facilities and transfer bridges, liquidated damages for delay as set
				out in 17 AAC 70.280, and any direct
				costs passed through to the private sector user under the provisions of
				17 AAC 70.295.
(c) Failure to pay within 30 days after
				billing will result in an interest charge of 1.5 percent per month, until
				paid.
Authority:
AS
					 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.310 - Priority of use among private sector vessels

Current through May 31, 2024
(a) A private
				sector operator may make application at any time to use ferry terminal
				facilities on a particular date at a particular time. However, the issuance of
				a terminal use authorization or contract for a particular date and time is
				subject to prior assignment by previous authorization or contract to another
				private sector operator, vessels of the Alaska Marine Highway System, and other
				operational or maintenance uses.
(b) All applications for terminal facility
				use received by the Alaska Marine Highway System will be screened to determine
				whether conflicts between applicants exist for particular dates, times, or
				other uses. Applications will be processed in the order received. If no
				conflicts exist and the system director makes the determination as required by
				17 AAC 70.250(c) or (d), the applicants will receive the dates
				requested. Unsuccessful applicants will be assigned the next available dates
				and times with priority established according to the date the applications were
				received by the Alaska Marine Highway System.
(c) Use of marine highway system terminal
				facilities by Alaska Marine Highway System vessels is not subject to the
				provisions of this section.
Authority:
AS
					 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.320 - Special conditions

Current through May 31, 2024
(a) The Alaska Marine Highway System may
				attach to any terminal use authorization or contract special conditions that
				are necessary for the maintenance, operation, or management of any marine
				highway system terminal facility.
(b) If emergency repairs or maintenance are
				necessary to a particular marine highway system terminal facility, the system
				director for the Alaska Marine Highway System, may, in writing, modify the
				terminal use authorization or contract previously issued for that terminal
				facility.
Authority:
AS
					 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.330 - Right to refuse dockage

Current through May 31, 2024
The Alaska Marine Highway System may, without incurring
				  responsibility for demurrage, loss, or damage, refuse any vessel the right to
				  land at any marine highway system terminal facility if, in the view of the
				  local terminal facility manager, the weather, wind, tide, current, seas, or
				  other conditions make a scheduled landing unsafe for the terminal facility or
				  the vessel.
Authority:
AS
					 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 2 - Private Sector Use of Marine Highway System Terminal Facilities › 17 AAC 70.390 - Definitions (Repealed)

Current through May 31, 2024
Effective 2/17/99, the definitions in former
					 17 AAC 70.390 were moved to
					 17 AAC 70.995.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 3 - Marine Highway System Procurement Procedures › 17 AAC 70.400 - Marine highway system procurement activities

Current through May 31, 2024
(a) The following
				statutes are adopted by reference into this section for use by the Alaska
				Marine Highway System for its procurement activities relating to the repair,
				maintenance, and reconstruction of vessels, docking facilities, and passenger
				and vehicle transfer facilities:
(1)AS
				36.30.100-36.30.190 (Competitive Sealed
				Bidding), as amended through 7/1/92;
(2)AS
				36.30.200-36.30.270 (Competitive Sealed
				Proposals), as amended through 7/1/92;
(3)AS
				36.30.300-36.30.320 (Other Procurement
				Methods), as amended through 7/1/92;
(4)AS
				36.30.322-36.30.338 (Preference for Alaska
				Products), as amended through 7/1/92;
(5)AS
				36.30.340-36.30.480 (Contract Formation and
				Modification), as amended through 7/1/92;
(6)AS
				36.30.500-36.30.540 (Procurement Records and
				Reports), as amended through 7/1/92;
(7)AS
				36.30.560-36.30.699 (Legal and Contractual
				Remedies), as amended through 7/1/92;
(8)AS
				36.30.700-36.30.790 (Intergovernmental
				Relations), as amended through 7/1/92;
(9)AS
				36.30.860 (Supplementary General Principles
				of Law Applicable), as amended through 7/1/92;
(10)AS
				36.30.880 (Requirement of Good Faith), as
				amended through 7/1/92;
(11)AS
				36.30.890 (Federal Assistance), as amended
				through 7/1/92;
(12)AS
				36.30.900 (Preference for Alaska Products),
				as amended through 7/1/92;
(13)AS
				36.30.910 (Purchases through General Services
				Administration), as amended through 7/1/92;
(14)AS
				36.30.920 (Reporting Anti-Competitive
				Practices), as amended through 7/1/92;
(15)AS
				36.30.940 (Enforcement), as amended through
				7/1/92;
(16)AS
				36.30.950 (Severability), as amended through
				7/1/92; and
(17)AS
				36.30.990 (Definitions), as amended through
				7/1/92.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 3 - Marine Highway System Procurement Procedures › 17 AAC 70.410 - Application of interport differential to bids

Current through May 31, 2024
If the lowest cost of a bid from a shipyard facility located
				  in the state, after consideration of the Alaska bidder preference set out in
				  AS
				  36.30.170, is greater than the lowest cost of
				  a bid from a shipyard facility located outside the state, after inclusion of
				  the interport differential identified by the commissioner and calculated under
				  17 AAC 70.420, the proposed cost
				  of the maintenance or repair work of a vessel is unreasonable within the
				  meaning of
				  AS
				  36.90.049(a). The
				  commissioner will document a finding of unreasonability in writing, and will
				  include the written finding and all relevant documents in the procurement
				  file.
Authority:
AS
					 36.30.015
AS 36.90.049
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 3 - Marine Highway System Procurement Procedures › 17 AAC 70.420 - Interport differential criteria

Current through May 31, 2024
The aggregate of the following cost criteria comprise the
				  interport differential for a bid submitted by a shipyard facility:
(1) fuel to transport the vessel from its
				designated base port to the shipyard facility and return;
(2) maintenance costs incurred and
				consumables used, including lubricants and other engine and deck stores, while
				transporting the vessel from its designated base port to the shipyard facility
				and return;
(3) crew wages
(A) to prepare the vessel for entry to the
				shipyard facility;
(B) to deliver
				the vessel from its designated base port to the shipyard facility and
				return;
(C) for crew that must
				travel to or from the vessel while it is in the shipyard facility;
				and
(D) upon completion of the
				work, to prepare the vessel for revenue status;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 3 - Marine Highway System Procurement Procedures › 17 AAC 70.430 - Designated base port

Current through May 31, 2024
For purposes of calculating the interport differential under
				  AS
				  36.90.049 and
				  17 AAC 70.420,
(1) Ketchikan is the designated base port for
				the following vessels: Aurora, Columbia, Kennicott, Le Conte, Malaspina,
				Matanuska, and Taku; and
(2) Seward
				is the designated base port for the following vessels: Bartlett and
				Tustumena.
Authority:
AS
					 36.30.015
AS 36.90.049
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 70 - Marine Transportation › Article 4 - General Provisions › 17 AAC 70.995 - Definitions

Current through May 31, 2024
In this chapter, unless the context otherwise
				  requires,
(1) "commissioner" means the
				commissioner of the department;
(2)
				"department" means the Department of Transportation and Public
				Facilities;
(3) "designated base
				port" means the home port for a vessel as specified in
				17 AAC 70.430;
(4) "interport differential" has the meaning
				given the term in
				AS
				36.90.049(e);
(5) "private sector user" means a person who
				has been given permission to use the Alaska Marine Highway terminal facilities
				by authorization or contract issued by the system director;
(6) "system director" means the general
				manager for the Alaska Marine Highway System;
(7) "vessel" means a marine vessel operated
				by the department.
Authority:
AS
					 36.30.015
AS 36.90.049
AS 44.42.020
AS
					 44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.010 - Purposes

Current through May 31, 2024
The purposes of this chapter are to protect and preserve the
				  lives, health, safety and well-being of any person who uses or works upon any
				  state harbor facility; to protect the property of such persons by regulating
				  the use of the facilities; and to make reasonable charges for the use of state
				  harbor facilities.
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.020 - Intent

Current through May 31, 2024
It is the intent of this chapter to
(1) encourage the use of state harbor
				facilities by commercial fishermen, government vessels, pleasure craft, and the
				general boating public;
(2)
				discourage and prevent the use of state harbor facilities by individuals or
				firms for the purpose of conducting commercial enterprises;
(3) discourage and prevent abandoned boats
				and derelicts which may become a charge and nuisance to the State of Alaska
				from occupying space or otherwise utilizing state harbor facilities.
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.030 - Government of harbor facilities

Current through May 31, 2024
The government of state harbor facilities is under the
				  jurisdiction of the commissioner. Nothing in this chapter shall prohibit any
				  lessee of a state harbor facility from promulgating and enforcing additional or
				  more restrictive harbor ordinances or regulations as may be necessary to
				  provide safe, orderly operation and management of the state harbor facilities
				  under lease.
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.040 - Powers

Current through May 31, 2024
(a) The commissioner may at his discretion
				refuse berthing at any state harbor facility to boathouses, floats, scows, log
				rafts, barges, pile drivers and other cumbersome floating structures which
				might overstress or otherwise damage the facilities, or to any boat which is,
				or may create, a fire hazard or otherwise become a menace to the safety and
				welfare of other boats and their occupants.
(b) The commissioner shall assign all
				berthing in state harbor facilities and may at his discretion require the owner
				of any boat or floating structure to change from one berthing space to
				another.
(c) The commissioner shall
				have the exclusive power to post signs and notices to inform the public at
				large and all boat owners and operators of rules, regulations, and authorized
				and prohibited uses of state harbor facilities. No person shall mark any harbor
				facility in any manner as to endanger the operation of boats or to conflict
				with the intent of signs or notices posted by the commissioner.
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.050 - Berthing rentals

Current through May 31, 2024
Berthing rentals and other charges for use of state harbor
				  facilities shall be paid in advance to the commissioner to be deposited into
				  the state general fund. The commissioner may at his discretion exempt certain
				  remote state harbor facilities for the required berthing rental fees. Minimum
				  berthing rental fees at state harbor facilities shall be $.20 per month for
				  each foot of overall vessel length (centerline measurement).
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.060 - Duties of boat owners and users

Current through May 31, 2024
Every owner, master, managing agent, or user of any boat
				  using state harbor facilities shall take reasonable precautions to see that the
				  boat in his charge is kept clean, well secured, free from fire hazards of all
				  types, sufficiently pumped to maintain the boat afloat and to otherwise attend
				  to the requirements of the boat to avoid damage to the harbor
				  facilities.
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.070 - Harbor nuisance defined - removal

Current through May 31, 2024
For the purposes of this chapter, boats in any state harbor
				  facility which are derelicts are: maintained in such manner as to make them
				  liable to sinking; maintained in a manner to constitute a fire hazard to other
				  boats or otherwise damage the harbor facilities; and sunken boats are hereby
				  declared nuisances and are subject to removal from the state harbor facility
				  without liability on the State of Alaska for any damage done by virtue of this
				  removal. Boats removed under the provisions of this section shall be disposed
				  of as provided in sec. 80 of this chapter.
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.080 - Abandoned property - disposition

Current through May 31, 2024
Any boat in a state harbor facility which is derelict,
				  abandoned, or declared by the commissioner to be a public nuisance may be
				  impounded, removed, sold, or otherwise disposed of as provided below:
(1) immediately upon determination that a
				boat is derelict or a public nuisance, the commissioner shall notify the owner,
				master, or managing agent of the boat, at his last known address, of the intent
				to impound, remove, sell or otherwise dispose of the boat;
(2) any boat impounded or removed shall be
				subject to and liable for storage charge of $20 per month and costs incurred by
				reason of the impounding or removal;
(3) any boat impounded or removed shall be
				held by the commissioner for a period of not less than 30 days after which time
				the commissioner may destroy, sell, or otherwise dispose of the boat; proceeds
				from sale of the boat shall be first applied to the costs of conducting the
				sale, impounding, removal, berthing and service fees accrued, and the balance
				held in trust for the owner to claim; and if not claimed within two years, the
				balance shall be deposited in the state general fund;
(4) failure of any boat owner, master, or
				managing agent to pay designated berthing fees provided by secs. 10-110 of this
				chapter shall be presumed to constitute abandonment.
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.090 - Prohibited acts

Current through May 31, 2024
It shall be unlawful for any owner, master, managing agent,
				  user, or other person charged with the operation of a boat using a state harbor
				  facility to
(1) operate or cause to be
				operated any boat within the limits of a state harbor facility in excess of 10
				miles per hour;
(2) operate or
				cause to be operated any boat in a reckless or negligent manner likely to
				endanger the safety of persons or property within the limits of a state harbor
				facility;
(3) throw or otherwise
				cause to be deposited gasoline, oil, trash, garbage or refuse onto any part of
				or into the waters of a state harbor facility;
(4) create or maintain any nuisance within a
				state harbor facility, or to conduct or operate any commercially oriented
				business enterprise at the facilities unless specifically authorized in writing
				by the commissioner;
(5) deposit,
				place, or abandon cargo, merchandise, supplies, freight, or thing upon any
				float, ramp, approach, dock or other public place within a state harbor
				facility except at places designated as loading and unloading areas by the
				commissioner;
(6) disregard,
				deface, remove, tamper with or damage any sign or notice posted or installed by
				the commissioner relating to the use of a state harbor facility.
Authority:
AS 35.05.140
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.100 - Liability for damages

Current through May 31, 2024
Any person, firm, or corporation who damages, or causes to be
				  damaged, any float, grid, dock, launching ramp, approach, piling, dolphin,
				  navigation aid, buoy, breakwater, or related appurtenances within any state
				  harbor facility shall be held responsible and liable for the cost of repair of
				  such damages.
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 80 - Water and Harbors › Article 1 - Harbor and Harbor Facilities › 17 AAC 80.110 - Definitions

Current through May 31, 2024
In this chapter
(1)
				"boats" means all vessels, ships, boats, skiffs, and watercraft of every kind
				and description;
(2) "commissioner"
				means the commissioner of the Department of Transportation and Public
				Facilities;
(3) "derelict" means
				any boat berthed or otherwise located within the boundaries of any state harbor
				facility which has been or gives the appearance of being forsaken, abandoned,
				deserted or cast away, or which in the opinion of the commissioner is unsound,
				unseaworthy or unfit for its trade or occupation or which by any substantial
				evidence of neglect may be considered abandoned;
(4) "state harbor facility" means any float,
				grid, dock, launching ramp, approach, piling, dolphin, buoy, breakwater,
				dredged basin or channel, navigation aid, and appurtenances constructed or
				operated by the State of Alaska, including an area extending a reasonable
				distance from each of these structures to permit unobstructed maneuvering and
				safe navigation;
(5) "berthing"
				means securing or otherwise attaching a boat to any harbor facility by means of
				line, wire, rope, or other similar device.
As of Register 70, the term "Public Works" has been
					 replaced by "Transportation and Public Facilities" in
					 17 AAC 80.110(2).
Authority:
AS
					 35.05.020
AS 35.25.010
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 81 - Relocation Assistance Services › 17 AAC 81.010 - Relocation assistance

Current through May 31, 2024
The following provisions of  49 C.F.R. Part 24  (Uniform
				Relocation Assistance and Real Property Acquisition for Federal and Federally
				Assisted Programs), as revised through March 15, 1999, are adopted by
				reference:
(1)
								49 C.F.R.
			 24.1 -  49 C.F.R. 24.3;
(2)
								49 C.F.R.
			 24.5;
(3)
								49 C.F.R.
			 24.7;
(4)
								49 C.F.R.
			 24.103(c);
(5)
								49 C.F.R.
			 24.106;
(6)
								49 C.F.R.
			 24.107;
(7)
								49 C.F.R.
			 24.201 -  49 C.F.R. 24.204;
(8)
								49 C.F.R.
			 24.205(c)(2);
(9)
								49 C.F.R.
			 24.206;
(10)
								49 C.F.R.
			 24.207;
(11)
								49 C.F.R.
			 24.209;
(12)
								49 C.F.R.
			 24.301 -  49 C.F.R. 24.307 ;
(13)
								49 C.F.R.
			 24.401 -  49 C.F.R. 24.404;
(14)
								49 C.F.R.
			 24.501 -  49 C.F.R. 24.505.
Authority:
AS
				  34.60.140
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 81 - Relocation Assistance Services › 17 AAC 81.020 - Appeals

Current through May 31, 2024
(a) An aggrieved party, dissatisfied by the
			 benefits or relocation services offered by the department, may request in
			 writing that an administrative review officer be appointed, by the regional
			 director of the department's geographic region where the claim arose, to
			 reconsider the benefits or relocation services offered. An administrative
			 review officer may not have been involved in the matter for which review is
			 sought. An aggrieved party may be represented by counsel at the aggrieved
			 party's sole expense. A request for reconsideration must be submitted no more
			 than 60 days after the aggrieved party receives written notification of the
			 department's decision on the benefits or services offered. An administrative
			 review officer shall issue a written decision within 21 days after the regional
			 director receives a request for reconsideration of the benefits or services
			 offered.
(b) An aggrieved party may
			 appeal the administrative review officer's determination under (a) of this
			 section within 30 days after receiving the determination. An appeal must be in
			 writing and sent to the director of statewide design and engineering services.
			 The director of statewide design and engineering services shall impanel a
			 three-person relocation appeals board to conduct a hearing and provide the
			 aggrieved party the opportunity to be heard. A relocation appeals board's
			 membership consists of the director of statewide design and engineering
			 services, or a designee, and the department's regional directors, or their
			 designees, excluding the director of the region in which the appeal arose. The
			 relocation appeals board shall conduct the hearing in accordance with the
			 requirements of
			 17 AAC 85.040(d)
			 -(e).
(c) The relocation appeals
			 board shall issue its decision, in the form set out in
			 AS
			 44.62.510, no more than 15 days after the
			 close of the record of the appeal.
(d) A decision of a relocation appeals board
			 on the merits of an appeal under this section is the final decision of the
			 department. An aggrieved party may appeal a decision of a relocation appeals
			 board to the superior court in accordance with the Alaska Rules of Appellate
			 Procedure.
(e) Expenses incurred by
			 an aggrieved party under this section are the sole expense of the aggrieved
			 party.
(f) Initiating an appeal
			 does not invalidate relocation assistance payments for which an aggrieved party
			 is eligible under the department's initial determination.
(g) The department will, in its discretion,
			 waive the time requirements under (a) and (b) of this section upon a written
			 finding of hardship that the aggrieved party did not file because of
			 circumstances beyond the aggrieved party's control.
Authority:
AS
				  34.60.140
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 85 - Appeals › 17 AAC 85.010 - Purpose and application

Current through May 31, 2024
(a) The provisions
			 of this chapter apply to decisions of the department to deny, modify, or revoke
			 a permit or privilege under
			 17 AAC 10.010 -
			 17 AAC 10.015 (Encroachment
			 Permits), 17 AAC 10.020 -
			 17 AAC 10.095 (Driveway and
			 Approach Road Permits), 17 AAC 08 (Highway Memorial Signs), 17 AAC 15 (Utility
			 and Railroad Permits),
			 17 AAC 20.015 (Highway Event
			 Permits), 17 AAC 20.017 (Lane Closure
			 Permits), and 17 AAC 60 (Highway Signs for the Traveling Public). The
			 provisions of this chapter apply to decisions of the department under 17 AAC 10
			 (Land Disposal), except that a decision not to dispose of land under
			 17 AAC 10.100 or
			 17 AAC 10.130(a)
			 is not subject to appeal.
(b) The
			 purpose of this chapter is to provide a process for an aggrieved party to
			 appeal a particular action.
Authority:
AS
				  19.05.020
AS 35.05.020
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 85 - Appeals › 17 AAC 85.020 - Notice of appeal

Current through May 31, 2024
(a) Within 30 days after receiving
			 notification of the department's decision, an aggrieved party must submit a
			 written notice of appeal to the regional director of the regional office where
			 the decision was made.
(b) The
			 notice of appeal must contain
(1) the decision
			 being appealed;
(2) the alleged
			 violation of statute or regulation upon which the appeal is based;
(3) the factual arguments supporting the
			 allegation of the aggrieved party;
(4) the specific relief sought.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 85 - Appeals › 17 AAC 85.030 - Administrative review

Current through May 31, 2024
(a) Within seven days after the receipt of a
			 notice of appeal under
			 17 AAC 85.020, the regional
			 director shall appoint an administrative review officer to make a recommended
			 decision on the appeal. Within 14 days after appointment, an administrative
			 review officer shall recommend a decision to grant or deny the relief sought to
			 the regional director. Within seven days after receiving the administrative
			 review officer's recommended decision, the regional director may adopt the
			 administrative review officer's decision as written, revise the decision, or
			 reach an independent conclusion. The decision issued under this section must be
			 based upon the
(1) information provided in the
			 notice of appeal; and
(2) records
			 of the department produced contemporaneously with the matter under
			 appeal.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 85 - Appeals › 17 AAC 85.040 - Hearing

Current through May 31, 2024
(a) An aggrieved party may request a formal
			 hearing on the decision issued under
			 17 AAC 85.030 if the decision does
			 not grant the relief sought.
(b) A
			 request for hearing must be in writing and must be received by the chief
			 engineer no later than 15 days after the date an aggrieved party received the
			 decision under
			 17 AAC 85.030. A request must set
			 out
(1) the list of exhibits the aggrieved
			 party intends to introduce at the hearing;
(2) names of persons to be called as
			 witnesses at the hearing; and
(3)
			 whether the aggrieved party will be represented by counsel.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 85 - Appeals › 17 AAC 85.050 - Judicial review

Current through May 31, 2024
A decision of the chief engineer or of an administrative review
				panel on the merits of an appeal under this chapter is the final decision of
				the department. An aggrieved party may appeal a decision of the chief engineer
				or of an administrative review panel to the superior court in accordance with
				the Alaska Rules of Appellate Procedure.
Authority:
AS
				  19.05.020
AS 35.05.020
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 85 - Appeals › 17 AAC 85.990 - Definitions

Current through May 31, 2024
Unless the context requires otherwise, in this chapter
(1) "aggrieved party" means a person who
(A) has been denied a permit or privilege,
			 objects to a condition attached to a permit or privilege, or objects to the
			 revocation of a permit or privilege issued under
			 17 AAC 10.010 - 17 AAC 10.016
			 (Encroachment Permits),
			 17 AAC 10.020 - 17 AAC 10.090
			 (Driveway and Approach Road Permits), 17 AAC 08 (Highway Memorial Signs),
			 17 AAC 20.015 (Highway Event
			 Permits), 17 AAC 20.017 (Lane Closure
			 Permits), and 17 AAC 60 (Highway Signs for the Traveling Public); or
(B) objects to a condition attached to a land
			 conveyance under
			 17 AAC 10.105 or
			 17 AAC 10.110;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 90 - Division of Measurement Standards › Article 1 - Testing Equipment › 17 AAC 90.045 - Testing equipment

Current through May 31, 2024
If the director believes that standards or testing equipment
				  are inaccurate, the director shall require the testing and certification of
				  those standards and testing equipment.
Authority:
AS
					 45.75.040
AS 45.75.050
AS 45.75.070
AS 45.75.080
AS
					 45.75.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 90 - Division of Measurement Standards › Article 1 - Testing Equipment › 17 AAC 90.047 - Annual verification

Current through May 31, 2024
(a) The director
				may waive annual verification of field standards if the director determines
				that the accuracy of the field standards is within acceptable tolerances as set
				out in one of the eight editions in the National Institute of Standards and
				Technology (NIST) Handbook 105 Series, which are adopted by reference. The
				eight editions adopted by reference in this subsection are as follows:
(1) Handbook 105-1:
Specifications
				and Tolerances for Field Standard Weights (NIST Class F)
(1990
				Edition);
(2) Handbook 105-2:
Specifications and Tolerances for Field Standard Measuring
				Flasks
(1996 Edition);
(3)
				Handbook 105-3:
Specifications and Tolerances for Graduated Neck Type
				Volumetric Field Standards
(February 2010 Edition);
(4) Handbook 105-4:
Specifications
				and Tolerances for Liquefied Petroleum Gas and Anhydrous Ammonia Liquid
				Volumetric Provers
(2016 Edition);
(5) Handbook 105-5:
Specifications
				and Tolerances for Field Standard Stopwatches
(1997 Edition);
(6) Handbook 105-6:
Specifications
				and Tolerances for Thermometers
(1997 Edition);
(7) Handbook 105-7:
Specifications
				and Tolerances for Dynamic Small Volume Provers
(1997
				Edition);
(8) Handbook 105-8:
Specifications and Tolerances for Field Standard Weight
				Carts
(2003 Edition).
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 90 - Division of Measurement Standards › Article 1 - Testing Equipment › 17 AAC 90.049 - Applicability and modification of National Institute of Standards and Technology Handbook 44

Current through May 31, 2024
(a) The National Institute of Standards and
				Technology (NIST) publication entitled
Handbook 44, Specifications,
				Tolerances, and Other Technical Requirements for Weighing and Measuring
				Devices
applies to all devices, except as otherwise provided in this
				chapter.
(b) Section 2.20 (scales)
				of the National Institute of Standards and Technology (NIST) publication
				entitled
Handbook 44, Specifications, Tolerances, and Other Technical
				Requirements for Weighing and Measuring Devices
is adopted by reference
				under AS
				45.75.050(d) and this
				section, except as amended in (c), (d), and (e) of this section.
(c) Note 3 is amended to read: N.3
				Recommended Minimum Test Weights and Test Loads*. The recommended minimum test
				weights and test loads for in-service tests (except railway track scales) are
				shown in Table 4. [See Table 4 for *.]
(d) The heading of Table 4 is amended to
				read:
Table 4.
Recommended Minimum Test Weights and Test Loads.
(e) Paragraph UR 3.7(a) is
				modified by changing "landfills and transfer stations" to read "collection or
				transfer sites."
The National Institute of Standards and Technology (NIST)
					 Handbook 44, adopted by reference under
					 AS
					 45.75.050(d) and
					 17 AAC 90.049, and supplements to
					 it are published by the United States Department of Commerce, National
					 Institute of Standards and Technology, and may be purchased from the
					 Superintendent of Documents, United States Government Printing Office,
					 Washington, D.C. 20402-9325. Copies of the document are also available for
					 inspection at the Anchorage office of the Department of Transportation and
					 Public Facilities, Division of Measurement Standards and Commercial Vehicle
					 Enforcement, 11900 Industry Way, Building M, Anchorage, Alaska 99515, and at
					 the Lieutenant Governor's Office, Juneau,
					 Alaska.
Authority:
AS
					 45.75.040
AS 45.75.050
AS 45.75.070
AS
					 45.75.080
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 90 - Division of Measurement Standards › Article 2 - Disposition of Incorrect Apparatus › 17 AAC 90.090 - Repair notice

Current through May 31, 2024
The director may place tags indicating "Repair Notice" on any
				  commercial weighing or measuring device that is inaccurate or in need of
				  repairs. The owner or operator of a device that a tag indicating "Repair
				  Notice" has been placed shall immediately repair the device as specified on the
				  repair notice, unless the director issues written permission for the repair to
				  be deferred. The division shall reject a device that remains in service without
				  the director's consent for deferred repair.
Authority:
AS
					 45.75.040
AS 45.75.050
AS 45.75.070
AS 45.75.080
AS 45.75.110
AS
					 45.75.120