Applicability. Section Sec. 655.510 of this part shall not apply to
longshore work performed at locations in the State of Alaska. The
performance of longshore work by alien crewmembers at locations in the
State of Alaska shall instead be governed by Secs. 655.530 through
655.541. The use of alien crewmembers to perform longshore work in
Alaska consisting of the use of an automated self-unloading conveyor
belt or vacuum-actuated system on a vessel shall continue to be governed
by the provisions of Sec. 655.520 of this part, except that, if the
Administrator finds, based on a preponderance of the evidence which may
be submitted by any interested party, that an attestation is required
because the performance of the particular activity of longshore work is
not the prevailing practice at the location in the State of Alaska, or
was during a strike or lockout or intended to influence an election of a
bargaining representative for workers at that location, or if the
Administrator issues a cease and desist order against use of the
automated equipment without such an attestation, the required
attestation shall be filed pursuant to the Alaska exception at
Secs. 655.530 through 655.541 and not the prevailing practice exception
at Sec. 655.510.
