46 CFR 501.21 - Delegation of authorities.

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§ 501.21 Delegation of authorities.

(a)Authority and delegation. Section 105 of Reorganization Plan No. 7 of 1961, August 12, 1961, authorizes the Commission to delegate, by published order or rule, any of its functions to a division of the Commission, an individual Commissioner, an administrative law judge, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business or matter. In subpart A of this part, the Commission has delegated general functions, and in this subpart C it is delegating miscellaneous, specific authorities set forth in §§ 501.23, et seq., to the delegatees designated therein, subject to the limitations prescribed in subsequent subsections of this section.

(b)Deputies. Where bureau or office deputies are officially appointed, they are hereby delegated all necessary authority to act in the absence or incapacity of the director or chief.

(c)Redelegation. Subject to the limitations in this section, the delegatees may redelegate their authorities to subordinate personnel under their supervision and direction; but only if this subpart is amended to reflect such redelegation and notice thereof is published in the Federal Register. Under any redelegated authority, the redelegator assumes full responsibility for actions taken by subordinate redelegatees.

(d)Exercise of authority; policy and procedure. The delegatees and redelegatees shall exercise the authorities delegated or redelegated in a manner consistent with applicable laws and the established policies of the Commission, and shall consult with the General Counsel where appropriate.

(e)Exercise of delegated authority by delegator. Under any authority delegated or redelegated, the delegator (Commission), or the redelegator, respectively, shall retain full rights to exercise the authority in the first instance.

(f)Review of delegatee's action. The delegator (Commission) or redelegator of authority shall retain a discretionary right to review an action taken under delegated authority by a subordinate delegatee, either upon the filing of a written petition of a party to, or an intervenor in, such action; or upon the delegator's or redelegator's own initiative.

(1) Petitions for review of actions taken under delegated authority shall be filed within ten (10) calendar days of the action taken:

(i) If the action for which review is sought is taken by a delegatee, the petition shall be addressed to the Commission pursuant to § 502.69 of this chapter.

(ii) If the action for which review is sought is taken by a redelegatee, the petition shall be addressed to the redelegator whose decision can be further reviewed by the Commission under paragraph (f)(1)(i) of this section, unless the Commission decides to review the matter directly, such as, for example, in the incapacity of the redelegator.

(2) The vote of a majority of the Commission less one member thereof shall be sufficient to bring any delegated action before the Commission for review under this paragraph.

(g)Action - when final. Should the right to exercise discretionary review be declined or should no such review be sought under paragraph (f) of this section, then the action taken under delegated authority shall, for all purposes, including appeal or review thereof, be deemed to be the action of the Commission.

(h)Conflicts. Where the procedures set forth in this section conflict with law or any regulation of this chapter, the conflict shall be resolved in favor of the law or other regulation.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 41 - PUBLIC CONTRACTS
U.S. Code: Title 46 - SHIPPING

§ 301 - General organization

§ 302 - Quorum

§ 303 - Record of meetings and votes

§ 304 - Delegation of authority

§ 305 - Regulations

§ 306 - Annual report

§ 307 - Expenditures

§ 40101 - Purposes

§ 40102 - Definitions

§ 40103 - Administrative exemptions

§ 40104 - Reports filed with the Commission

§ 40301 - Application

§ 40302 - Filing requirements

§ 40303 - Content requirements

§ 40304 - Commission action

§ 40305 - Assessment agreements

§ 40306 - Nondisclosure of information

§ 40307 - Exemption from antitrust laws

§ 40501 - General rate and tariff requirements

§ 40502 - Service contracts

§ 40503 - Refunds and waivers

§ 40701 - Rates

§ 40702 - Rate standards

§ 40703 - Effective date of rates

§ 40704 - Commission review

§ 40705 - Presidential review of Commission orders

§ 40706 - Exceptions

§ 40901 - License requirement

§ 40902 - Financial responsibility

§ 40903 - Suspension or revocation of license

§ 40904 - Compensation by common carriers

§ 41101 - Joint ventures and consortiums

§ 41102 - General prohibitions

§ 41103 - Disclosure of information

§ 41104 - Common carriers

§ 41105 - Concerted action

§ 41106 - Marine terminal operators

§ 41107 - Monetary penalties

§ 41108 - Additional penalties

§ 41109 - Assessment of penalties

§ 41301 - Complaints

§ 41302 - Investigations

§ 41303 - Discovery and subpoenas

§ 41304 - Hearings and orders

§ 41305 - Award of reparations

§ 41306 - Injunctive relief sought by complainants

§ 41307 - Injunctive relief sought by the Commission

§ 41308 - Enforcement of subpoenas and orders

§ 41309 - Enforcement of reparation orders

§ 42101 - Regulations of the Commission

§ 42102 - Regulations of other agencies

§ 42103 - No preference to Government-owned vessels

§ 42104 - Information, witnesses, and evidence

§ 42105 - Disclosure to public

§ 42106 - Other actions to remedy unfavorable conditions

§ 42107 - Refusal of clearance and entry

§ 42108 - Penalty for operating under suspended tariff or service contract

§ 42109 - Consultation with other agencies

§ 44101 - Application

§ 44102 - Financial responsibility to indemnify passengers for nonperformance of transportation

§ 44103 - Financial responsibility to pay liability for death or injury

§ 44104 - Civil penalty

§ 44105 - Refusal of clearance

§ 44106 - Conduct of proceedings

Statutes at Large
Presidential Documents

Reorganization ... 1961 Plan No. 7

Title 46 published on 09-May-2017 04:27

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR Part 501 after this date.

  • 2016-08-15; vol. 81 # 157 - Monday, August 15, 2016
    1. 81 FR 53986 - Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984
      GPO FDSys XML | Text
      Notice of proposed rulemaking.
      Submit comments on or before: October 17, 2016. In compliance with the Paperwork Reduction Act, the Commission is also seeking comment on revisions to an information collection. See the Paperwork Reduction Act section under Regulatory Analyses and Notices below. Please submit all comments relating to the revised information collection to the Commission and to the Office of Management and Budget (OMB) at the address listed in the ADDRESSES section on or before October 17, 2016. Comments to OMB are most useful if submitted within 30 days of publication.
      46 CFR Parts 501 and 535
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