§80506 — Title 46 Shipping | U.S. Code

Summary

The Secretary in charge of the Coast Guard can give a person or an organization (public, private, or nonprofit) the power to approve containers and designs and to put safety approval plates on them. Before doing that, the Secretary must make rules saying who can be chosen, exactly what duties and records the person must keep, and how the Secretary will check that the person is doing the job correctly. Anyone given this power must let the Secretary inspect their records when asked. They cannot fine people or try to collect penalties for breaking the Convention, this law, or a Secretary’s order, and they cannot issue detention or other orders. The Secretary must publish each delegate’s name and address, the duties given, and how long the delegation lasts. The Secretary can cancel the delegation at any time.

Title 46, §80506

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(a)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)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)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)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)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)The Secretary may revoke a delegation of authority under this section at any time.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8050646 App.:1503(c)(2), (d).Pub. L. 95–208, § 4(c)(2), (d), Dec. 13, 1977, 91 Stat. 1477. 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.

§80506 Delegation of authority

Summary

Title 46, §80506

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata