Delegation of authority

46 U.S.C. § 80506

• Title: 46 — Shipping
• Chapter: 805 — SAFE CONTAINERS FOR INTERNATIONAL CARGO

Text

(a) In General.—The Secretary of the department in which the Coast Guard is operating may delegate to any person, including a public or private agency or nonprofit organization, authority to grant initial approval for containers and designs and to attach safety approval plates.
(b) Regulations.—Before making a delegation under this section, the Secretary shall prescribe regulations establishing—
(1) criteria to be followed in selecting a person to whom authority is to be delegated;
(2) a detailed description of the duties and powers to be carried out by the person to whom authority is delegated, including the records the person shall keep; and
(3) the review the Secretary will conduct to decide whether the person is carrying out the delegated duties and powers properly.
(c) Inspection of Records.—A person delegated authority under this section shall make available to the Secretary for inspection, on request, records the person is required to keep.
(d) Penalties and Orders.—A person delegated authority under this section may not—
(1) assess or collect, or attempt to assess or collect, a penalty for violation of the Convention, this chapter, or an order issued by the Secretary under this chapter; or
(2) issue or attempt to issue a detention or other order.
(e) Publication.—The Secretary shall publish in the Federal Register or other appropriate publication—
(1) the name and address of each person to whom authority is delegated;
(2) the duties and powers delegated; and
(3) the period of the delegation.
(f) Revocation.—The Secretary may revoke a delegation of authority under this section at any time.

History

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1696.)

Editorial Notes

Subsections (a) and (f) are substituted for 46 App. U.S.C. 1503(c)(2) and (d) (1st sentence) to improve the organization of the section.
In subsection (b)(1), the words "person to whom authority is to be delegated" are substituted for "person, public or private agency, or nonprofit organization as a recipient of delegated functions under such subsection" to eliminate unnecessary words.
Subsection (b)(2) is substituted for "the manner in which such recipient shall carry out such delegated functions, including the records such recipient must keep, and a detailed description of the exact functions such recipient may exercise" to eliminate unnecessary words.
Subsections (c)–(e) are substituted for 46 App. U.S.C. 1503(d) (last par.) to improve the organization of the section and to eliminate unnecessary words.