46 U.S.C. § 80506 — Delegation of authority
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 269 words · no verdicts yet
This law lets the Secretary delegate container-approval authority to outside parties. Delegates can approve container designs and attach safety plates, but cannot issue penalties or detention orders. The Secretary can revoke a delegation of authority at any time.
(a) In General. The Secretary of the department running the Coast Guard may delegate to any person — including a public or private agency*, or a nonprofit — the authority to give initial approval to containers and designs, and to attach safety approval plates.
(b) Regulations. Before delegating this authority, the Secretary must write regulations covering:
(1) the criteria for choosing who gets the delegated authority;
(2) a detailed description of the delegate's duties and powers, including what records they must keep; and
(3) how the Secretary will review whether the delegate is carrying out those duties and powers properly.
(c) Inspection of Records. A delegate must make its required records available to the Secretary for inspection, on request.
(d) Penalties and Orders. A delegate may not:
(1) assess or collect, or try to assess or collect, a penalty for violating the Convention*, this chapter, or a Secretary's order under this chapter; or
(2) issue, or try to issue, a detention or other order.
(e) Publication. The Secretary must publish in the Federal Register or another appropriate publication:
(1) the name and address of each delegate;
(2) the duties and powers delegated; and
(3) how long the delegation lasts.
(f) Revocation. The Secretary may revoke a delegation of authority at any time.
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.
Before making a delegation under this section, the Secretary shall prescribe regulations establishing—
criteria to be followed in selecting a person to whom authority is to be delegated;
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
the review the Secretary will conduct to decide whether the person is carrying out the delegated duties and powers properly.
A person delegated authority under this section shall make available to the Secretary for inspection, on request, records the person is required to keep.
A person delegated authority under this section may not—
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
issue or attempt to issue a detention or other order.
The Secretary shall publish in the Federal Register or other appropriate publication—
the name and address of each person to whom authority is delegated;
the duties and powers delegated; and
the period of the delegation.
The Secretary may revoke a delegation of authority under this section at any time.
Source credit: (Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1696.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1696
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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