[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of Octobery 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR26.03-6]

[Page 313]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 26_OPERATIONS--Table of Contents
 
              Subpart 26.03_Special Operating Requirements
 
Sec. 26.03-6  Special permit.

    (a) If the owner, operator, or agent donates the use of an 
uninspected passenger vessel to a charity for fundraising activities, 
and the vessel's activity would subject it to Coast Guard inspection, 
the OCMI may issue a special permit to the owner, operator, or agent for 
this purpose if, in the opinion of the OCMI, the vessel can be safely 
operated. Each special permit is valid for only one voyage of a donated 
vessel, which is used for a charitable purpose. Applications are 
considered and approved on a case-by-case basis.
    (b) The criteria of Sec. 176.204 of this chapter will apply to the 
issuance of a special permit. In addition, the owner, operator, or agent 
must meet each of these conditions--
    (1) Any charity using a donated vessel must be a bona fide charity 
or a non-profit organization qualified under section 501(c)(3) of the 
Internal Revenue Code of 1986;
    (2) All donations received from the fundraising must go to the named 
charity;
    (3) The owner, operator, or agent may obtain a special permit for an 
individual vessel not more than four times in a 12-month period; and
    (4) The owner, operator, or agent must apply to the local OCMI for a 
special permit prior to the intended voyage, allowing adequate time for 
processing and approval of the permit.
    (c) Nothing in this part may be construed as limiting the OCMI from 
making such tests and inspections, both afloat and in dry-dock, that are 
reasonable and practicable to be assured of the vessel's seaworthiness 
and safety.

[USCG-1999-5040, 67 FR 34776, May 15, 2002]