---
kind: "section"
citation: "46 U.S.C. § 46104"
title: "46"
title_heading: "Shipping"
number: "46104"
heading: "Delegation of authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/46104"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part D — Federal Maritime Commission"
  - "Chapter 461 — Federal Maritime Commission"
---

# §46104. Delegation of authority

- (a) **Delegation.—** The Federal Maritime [Commission](/usc/46/42501.md?p=1), by published order or regulation, may delegate to a division of the [Commission](/usc/46/42501.md?p=1), an individual Commissioner, an employee board, or an officer or employee of the [Commission](/usc/46/42501.md?p=1), any of its duties or powers, including those relating to hearing, determining, ordering, certifying, reporting, or otherwise acting on any matter. This subsection does not affect [section 556(b) of title 5](/usc/5/556.md?p=b).
- (b) **Review.—** The [Commission](/usc/46/42501.md?p=1) may review any action taken under a delegation of authority under [subsection (a)](#a). The review may be taken on the [Commission](/usc/46/42501.md?p=1)’s own initiative or on the petition of a party to or an intervenor in the action, within the time and in the manner prescribed by the [Commission](/usc/46/42501.md?p=1). The vote of a majority of the [Commission](/usc/46/42501.md?p=1), less one member, is sufficient to bring an action before the [Commission](/usc/46/42501.md?p=1) for review.
- (c) **Deemed Action of Commission.—** If the [Commission](/usc/46/42501.md?p=1) declines review, or if review is not sought, within the time prescribed under [subsection (b)](#b), the action taken under the delegation of authority is deemed to be the action of the [Commission](/usc/46/42501.md?p=1).

## Source credit

(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 304; renumbered § 46104, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), Jan. 1, 2021, 134 Stat. 4765.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 304 | 46 App.:1111 note. | Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, § 105(a)–(c), 75 Stat. 841. |

### Editorial Notes

### Amendments

2021—Pub. L. 116–283 renumbered section 304 of this title as this section.