Page:United States Statutes at Large Volume 120.djvu/1727

 120 STAT. 1696

PUBLIC LAW 109–304—OCT. 6, 2006

examination of the container shall pay or reimburse the Secretary for the expenses arising from that action, except for the costs of routine examinations of the container or a safety approval plate. ‘‘(2) TESTING, INSPECTION, AND INITIAL APPROVAL.—The owner of a container submitted to the procedure established by the Secretary for testing, inspection, and initial approval, and the manufacturer of a container that submits a design to the procedure established by the Secretary for testing, inspection, and initial approval, shall pay or reimburse the Secretary for the expenses arising from the testing, inspection, or approval. ‘‘(3) CREDIT TO APPROPRIATION.—Amounts received by the Secretary as reimbursement shall be credited to the appropriation for operating expenses of the Coast Guard. ‘‘(c) PRESUMPTION BASED ON SAFETY APPROVAL PLATE.—A container bearing a safety approval plate authorized by a country that is a party to the Convention is presumed to be in a safe condition unless there is significant evidence that the container is in a condition that creates an obvious risk to safety. ‘‘(d) NOTICE OF ORDERS.— ‘‘(1) IN GENERAL.—When the Secretary issues a detention or other order under this section, the Secretary promptly shall notify in writing— ‘‘(A) the owner of the container; ‘‘(B) the owner’s agent; or ‘‘(C) if the identity of the owner is not apparent from the container or shipping documents, the custodian. ‘‘(2) INFORMATION TO INCLUDE.—The notification shall identify the container involved, give the location of the container, and describe the condition or situation giving rise to the order. ‘‘(e) DURATION OF ORDERS.—An order issued by the Secretary under this section remains in effect until— ‘‘(1) the Secretary declares the container to be in compliance with the standards of the Convention; or ‘‘(2) the container is removed permanently from service. ‘‘(f) NOTICE OF DEFECTIVE CONTAINER TO COUNTRY ISSUING SAFETY APPROVAL PLATE.—If the Secretary has reason to believe that a container bearing a safety approval plate issued by another country was defective at the time of approval, the Secretary shall notify that country. ‘‘§ 80506. Delegation of authority ‘‘(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

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