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—

(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.

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—

(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.

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.

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

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