Regulation 46 CFR 26.03-8

§ 26.03–4

46 CFR Ch. I (10–1–12 Edition)

suitable mounting surface, an exclusion from the requirements of § 26.03–
2(a) and (b) is granted by letter.
[CGD 78–009, 45 FR 11109, Feb. 19, 1980, as
amended by USCG-1999–5040, 67 FR 34776, May
15, 2002]

§ 26.03–4 Charts and nautical publications.
(a) As appropriate for the intended
voyage, all vessels must carry adequate
and up-to-date—
(1) Charts of appropriate scale to
make safe navigation possible;
(2) ‘‘U.S. Coast Pilot’’ or similar publication;
(3) Coast Guard light list;
(4) Tide tables; and
(5) Current tables, or a river current
publication issued by the U.S. Army
Corps of Engineers, or a river authority.
(b) As an alternative, you may substitute extracts or copies from the publications in paragraph (a) of this section. This information must be applicable to the area transited.
[USCG-1999–5040, 67 FR 34776, May 15, 2002]

§ 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 § 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 in-

dividual 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]

§ 26.03–8 Marine Event of National Significance special permits.
(a) For a Marine Event of National
Significance, as determined by the
Commandant, U.S. Coast Guard, a vessel may be permitted to engage in excursions while carrying passengers-forhire for the duration of the event.
Event sponsors seeking this determination must submit a written request to
the Commandant (CG–CVC) at least
one year prior to the event.
(b) The owner, operator, or agent of a
vessel that is registered as a participant in a Marine Event of National
Significance may apply for a special
permit to carry passengers-for-hire for
the duration of the event. The master,
owner, or agent of the vessel must
apply to the Coast Guard OCMI who
has jurisdiction over the vessel’s first
United States port of call. The OCMI
may issue a Form CG-949 ‘‘Permit to
Carry Excursion Party’’ if, in the opinion of the OCMI, the operation can be
undertaken safely. The OCMI may require an inspection prior to issuance of
a special permit to ensure that the vessel can safely operate under the conditions for which the permit is issued.
(c) The permit will state the conditions under which it is issued. These
conditions must include the number of
passengers-for-hire the vessel may
carry, the crew required, the number
and type of lifesaving and safety equipment required, the route and operating
details for which the permit is issued,
and the dates for which the permit will
be valid.
(d) The permit must be displayed in a
location visible to passengers.
(e) The carrying of passengers-forhire during a Marine Event of National

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Coast Guard, DHS

§ 26.20–1

Significance must comply with the regulations governing coastwise transportation of passengers under 19 CFR
4.50(b) and 19 CFR 4.80(a).
[USCG-1999–5040, 67 FR 34776, May 15, 2002, as
amended by USCG-2004–18884, 69 FR 58344,
Sept. 30, 2004; USCG–2009–0702, 74 FR 49225,
Sept. 25, 2009]

§ 26.03–9 Voyage plans for uninspected
passenger vessels of at least 100
gross tons.
(a) The master must prepare a voyage plan that includes a crew and passenger
list
before
taking
an
uninspected passenger vessel of at least
100 gross tons on a Great Lake, an
ocean, or an international voyage.
(b) Before departure, the master
must communicate the voyage plan
ashore, either verbally or in writing.
The voyage plan must go to either the
vessel’s normal berthing location or a
representative of the owner or managing operator of the vessel. The master, owner, or operator of the vessel
must make the voyage plan available
to the Coast Guard upon request.

§ 26.15–1

May board at any time.

(a) To facilitate the boarding of vessels by the commissioned, warrant, and
petty officers of the U.S. Coast Guard
in the exercise of their authority,
every uninspected vessel, as defined in
46 U.S.C. 2101(43), if underway and upon
being hailed by a Coast Guard vessel,
must stop immediately and lay to, or
must maneuver in such a way to permit the Coast Guard boarding officer to
come aboard. Failure to permit a Coast
Guard boarding officer to board a vessel or refusal to comply will subject
the operator or owner of the vessel to
the penalties provided in law.
(b) Coast Guard boarding vessels will
be identified by the display of the
Coast Guard ensign as a symbol of authority and the Coast Guard personnel
will be dressed in Coast Guard uniform.
The Coast Guard boarding officer upon
boarding a vessel will identify himself
to the master, owner, or operator and
explain his mission.
[CGFR 65–50, 30 FR 16656, Dec. 30, 1965, as
amended by CGD 72–132R, 38 FR 5750, Mar. 2,
1973; CGD 95–027, 61 FR 25997, May 23, 1996]

[USCG-1999–5040, 67 FR 34777, May 15, 2002]

§ 26.03–10

Subpart 26.15—Boarding

Signaling light.

All vessels of over 150 gross tons,
when engaged on an international voyage, shall be equipped with an efficient
daylight signaling lamp in accordance
with the requirements of subchapter J
(Electrical Engineering) of this chapter.
[CGFR 68–32, 33 FR 5711, Apr. 12, 1968, as
amended by CGD 97–057, 62 FR 51042, Sept. 30,
1997]

Subpart 26.08—Notice and Reporting of Casualty and Voyage Records
AUTHORITY: 46 U.S.C. 6101; 46 CFR 1.46.

§ 26.08–1 Notice and reporting of casualty and voyage records.

Subpart 26.20—Exhibition of Coast
Guard Credential
§ 26.20–1

[USCG-1999–5040, 67 FR 34777, May 15, 2002, as
amended by USCG–2006–24371, 74 FR 11264,
Mar. 16, 2009]

Subpart 26.25 [Reserved]

The requirements for providing notice and reporting of marine casualties
and for retaining voyage records are
contained in part 4 of this chapter.
[CGD 84–099, 52 FR 47535, Dec. 14, 1987; 53 FR
13117, Apr. 21, 1988]

Must be available.

If a person operates a vessel that carries one or more passengers-for-hire, he
or she is required to have a valid Coast
Guard license or MMC officer endorsement suitable for the vessel’s route and
service. He or she must have the license or MMC in his or her possession
and must produce it immediately upon
the request of a Coast Guard boarding
officer.

Subpart 26.30—Work Vest
SOURCE: CGFR 68–65, 33 FR 19982, Dec. 28,
1968, unless otherwise noted.

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