Alaska Administrative Code

(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…

(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 priv…

(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 …

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 Ter…

(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 Ope…

(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 a…

(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 …

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…

Notes 17 AAC 70.390 Eff. 1/23/93, Register 125; repealed 2/17/99, Register 149 Effective 2/17/99, the definitions in former 17 AAC 70.390 were moved to 17 AAC 70.995. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between …

(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: …

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 di…

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, in…

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 …

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 7…

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 th…

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 …

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 necessar…

(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 ma…

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 fe…

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 oth…

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…

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, …

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) op…

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 o…

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 withi…

The provisions of 49 C.F.R. Part 24 (uniform relocation assistance and real property acquisition for federal and federally-assisted programs), as revised through October 1, 2019, are adopted by reference. Notes 17 AAC 81.010 Eff. 5/4/2000, Register 154; am 11/15/2024, Register 25…

(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 th…

(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 Sig…

(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 appeale…

(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) 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 aggriev…

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 i…

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 - …

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. Notes 17 AAC 90.045 Eff. 1/18/2002, Register 161 Authority:AS 45.75.040 AS 45.75.050 AS 45.75.070 AS 45.…

(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 …

(a) The National Institute of Standards and Technology (NIST) publication entitled Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devicesapplies to all devices, except as otherwise provided in this chapter. (b) Section 2.20 (s…

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…

(a) The director may exempt a device in a commercial establishment from the sealing requirements of AS 45.75.120, if the device owner declares in writing that the device will not be used for commercial purposes, and the director determines that the device(1) is not being used for…

The provisions of 17 AAC 90.410 - 17 AAC 90.600 interpret and implement the requirements for commercial weighing and measuring devices set out in AS 45.75.050(d), and apply to all electric meters, and any accessory or attachment, for the measurement of electrical energy. Notes 17…

Unless otherwise specified in this chapter, the following publications are adopted by reference and set out the standards, specifications, and test procedures for electric meters, accessories, and associated devices used to measure electrical energy: (1) American National Standar…

(a) A meter must consist of materials, design, and construction to assure its accuracy under normal service conditions. (b) The cover of a meter must be strong enough to withstand ordinary usage. It must be dustproof and designed so that access to the interior requires the destru…

A meter must have the following information clearly and permanently marked on the nameplate, register, or other integral part of the meter so it is clearly visible from the front of the meter while installed in service: (1) manufacturer's name, type designation, and serial number…

The rated current must be marked on the nameplate by the manufacturer. The rated current must also be the full load calibration current of the meter when the test amperage is not given. Notes 17 AAC 90.450 Eff. 1/18/2002, Register 161 Authority:AS 45.75.040 AS 45.75.050 AS 45.75.…

(a) The watthour meter test must consist of a light load test, a full load test, and 50 percent power factor as follows: (1) the light load test is 10 percent of the meter current rating or test amperage, 100 percent power factor; (2) the full load test is 100 percent of the mete…

(a) The tolerances prescribed in this chapter for electric meters and the meter's accessories apply equally to errors of under-registration and to errors of over-registration. (b) The acceptance and maintenance tolerance for demand meters, meter accessories, instrument transforme…

All current and potential transformers must be tested before installation. A valid certificate of test furnished by the manufacturer will be accepted by the division. The owner or operator of an instrument transformer shall retain the manufacturer's certificate for the life of th…

(a) An electric meter or accessory, other than an instrument transformer, must be tested by the owner or operator before installation and must be retested upon the request of (1) a consumer receiving service through the meter, as provided in AS 42.05.351; or (2) the division. (b)…

A person engaged in the sale or resale of electrical energy, shall keep a record of each meter or device used to measure electrical energy, indicating the make, model, and identification number, together with the date and results of all inspections, tests, and repairs. The record…

The owner or operator of an electric meter or meter accessories shall remove the meter and its accessories for inspection by the division. Notes 17 AAC 90.520 Eff. 1/18/2002, Register 161 Authority:AS 45.75.040 AS 45.75.050 AS 45.75.070 AS 45.75.080 State regulations are updated …

The owner or operator of a meter shall provide transportation for the meter to and from a central test location for inspection by the division. Notes 17 AAC 90.530 Eff. 1/18/2002, Register 161 Authority:AS 45.75.040 AS 45.75.050 AS 45.75.070 AS 45.75.080 State regulations are upd…