46 U.S.C. § 2104

Delegation

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(a) The Secretary may delegate the duties and powers conferred by this subtitle to any officer, employee, or member of the Coast Guard, and may provide for the subdelegation of those duties and powers.(b) When this subtitle authorizes an officer or employee of the Customs Service to act in place of a Coast Guard official, the Secretary may designate that officer or employee subject to the approval of the Secretary of the Treasury.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)

Historical and Revision Notes
2104	46:65v(1) 46:382b 46:416 46:543 46:689

Historical and Revision Notes

2104

46:65v(1)

46:382b

46:416

46:543

46:689

Section 2104 provides the Secretary with authority to delegate duties and powers to others. It also contains the authority to designate an officer or employee of the United States Customs Service to act in the place of a Coast Guard official.

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1992–2022 · leading case: Halverson, Paul D. v. Slater, Rodney E., 129 F.3d 180 (D.C. Cir. 1997).

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Halverson, Paul D. v. Slater, Rodney E., 129 F.3d 180 (D.C. Cir. 1997). · cites it 5× “The appellants, two Great Lakes ship pilots and two Great Lakes shipping pilots’ associations, challenge the Secretary’s delegation of GLPA responsibilities to the Corporation on the grounds that the delegation (1) exceeds the Secretary’s authority under 46 U.S.C.A. § 2104 (a)…”

Lake Pilots Ass'n, Inc. v. United States Coast Guard, 257 F. Supp. 2d 148 (D.D.C. 2003). · cites it 2× “The Secretary has delegated this rate making authority to the Commandant of the Coast Guard (“Commandant”) pursuant to 46 U.S.C. § 2104 , who has in turn delegated his authority to the Director of the Great Lakes Pilotage Office (“Director” or “GLPO”) in implementing regulations…”

Shipbuilders Council v. United States Dep't of Homeland Sec., 770 F. Supp. 2d 793 (E.D. Va. 2011). · cites it 2× “and manning of vessels to which this chapter applies” and that “[t]he Secretary may prescribe different regulations applicable to vessels engaged in the domestic trade”); 46 U.S.C. § 2104 (authorizing the Secretary to delegate duties and powers to the Coast Guard).”

The Nasdaq Stock Mkt. LLC v. SEC, 38 F.4th 1126 (D.C. Cir. 2022). “1997), where we applied the expressio unius canon in interpreting 46 U.S.C. § 2104 (a), which provides that the Secretary of Transportation may delegate certain duties “to any officer, employee, or member of the Coast Guard,” to preclude delegation to non-Coast Guard officials.”

Nat'l Rifle Ass'n of Am., Inc. v. Reno, 216 F.3d 122 (D.C. Cir. 2000). “” 46 U.S.C. § 2104 (a) (1994). That statute did not empower the Secretary to delegate such duties and powers to anyone outside the Coast Guard.”

Paul D. Halverson,appellants v. Rodney E. Slater, Sec'y, United States Dep't of Transp., 206 F.3d 1205 (D.C. Cir. 2000). “Until 1995, the Secretary had delegated Pilotage Act responsibilities to the United States Coast Guard as permitted by 46 U.S.C. § 2104 (a): “The Secretary may delegate the duties and powers conferred by this subtitle [Subtitle II, titled ‘Vessels and Seamen’] to any officer,…”

United States v. Mango, 997 F. Supp. 264 (N.D.N.Y. 1998). · cites it 2× “The appellants challenged the Secretary’s delegation of GLPA responsibilities to the Corporation on several grounds including that the delegation exceeded the Secretary’s authority under 46 U.S.C. § 2104 (a). To the contrary, the Secretary argued that the delegation to the…”

Adirondack Med. Ctr. v. Sebelius, 891 F. Supp. 2d 36 (D.D.C. 2012). “1997), where it held that 46 U.S.C. § 2104 , the statute authorizing the Secretary of Transportation to delegate powers over Great Lakes pilotage to Coast Guard officials, was intended to exclude delegations of authority to non-Coast Guard officials under a catchall delegation…”

Conoco, Inc. v. Skinner, 970 F.2d 1206 (3rd Cir. 1992). “*1212 Guard, 46 U.S.C. § 2104 (1988); 49 C.F.R. §§ 1.4 (b), 1.”

State v. Turner, 855 P.2d 442 (Ariz. Ct. App. 1993). “The United States Coast Guard has been delegated the responsibility to promulgate and administer the subject federal regulations pursuant to 46 U.S.C. § 2104 . Its position regarding possible federal preemption of a state’s power to regulate boat safety under the circumstances…”

St. Lawrence Seaway Pilots' Ass'n v. Collins, 362 F. Supp. 2d 59 (D.D.C. 2005). “The Secretary has delegated this ratemaking authority to the Commandant of the Coast Guard (“Commandant”) pursuant to 46 U.S.C. § 2104 , who has in turn delegated his authority to the Director of the Great Lakes Pilotage Office (“Director” or “GLPO”) to implement regulations…”

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