46 CFR 16.107: Waivers from drug testing requirements

Last reviewed: October 14, 2026

This section explains how to ask the Coast Guard for a waiver or exemption from drug testing requirements. Requests go to the Commandant (CG-INV). It covers general waivers, exemptions for employers facing conflicts with another country's laws, and stand-down waivers.

Applies toPersons seeking a waiver from 49 CFR 40.21 or this part, and employers seeking an exemption or a stand-down waiver.

What it says

  1. To obtain a waiver from 49 CFR 40.21 or from this part, you must send your request to the Commandant (CG-INV).

    46 CFR 16.107(a)“To obtain a waiver from 49 CFR 40.21 or from this part you must send your request for a waiver to the Commandant (CG-INV).”

  2. Employers for whom compliance with this part would violate the domestic laws or policies of another country may request an exemption from the drug testing requirements of this part.

    46 CFR 16.107(b)“Employers for whom compliance with this part would violate the domestic laws or policies of another country may request an exemption from the drug testing requirements of this part”

  3. An employer making an exemption request must submit a written request to Commandant (CG-INV) at the address listed in § 16.500(a).

    46 CFR 16.107(b)“by submitting a written request to Commandant (CG-INV), at the address listed in § 16.500(a).”

  4. An employer may request a waiver from the Coast Guard to stand down a crewmember after the Medical Review Officer receives a laboratory report of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test for that crewmember.

    46 CFR 16.107(c)“An employer may request a waiver from the Coast Guard in order to stand-down a crewmember following the Medical Review Officer's receipt of a laboratory report of a confirmed positive test”

  5. Consistent with 49 CFR 40.21, a stand-down waiver request must include as a minimum information about the organization and the proposed written company policy concerning stand-down.

    46 CFR 16.107(c)“the request for a waiver must include as a minimum: Information about the organization and the proposed written company policy concerning stand-down.”

Common questions

Where do I send a request for a waiver under 46 CFR 16.107?

You must send the request to the Commandant (CG-INV).

“you must send your request for a waiver to the Commandant (CG-INV).”

Can an employer get an exemption if drug testing would violate another country's laws?

Yes, such an employer may request an exemption from the drug testing requirements of this part. The request must be in writing to Commandant (CG-INV).

“Employers for whom compliance with this part would violate the domestic laws or policies of another country may request an exemption from the drug testing requirements of this part”

Where are the specific elements of a stand-down waiver request listed?

The specific elements required in the written waiver request are contained in 49 CFR 40.21(c).

“Specific elements required in the written waiver request are contained in 49 CFR 40.21(c).”

The text of 46 CFR 16.107

Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR

Waivers

(a) To obtain a waiver from 49 CFR 40.21 or from this part you must send your request for a waiver to the Commandant (CG-INV).

(b) Employers for whom compliance with this part would violate the domestic laws or policies of another country may request an exemption from the drug testing requirements of this part by submitting a written request to Commandant (CG-INV), at the address listed in § 16.500(a).

(c) An employer may request a waiver from the Coast Guard in order to stand-down a crewmember following the Medical Review Officer's receipt of a laboratory report of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test pertaining to the crewmember. Consistent with 49 CFR 40.21, the request for a waiver must include as a minimum: Information about the organization and the proposed written company policy concerning stand-down. Specific elements required in the written waiver request are contained in 49 CFR 40.21(c).

Sections it refers to

The plain-English explanation on this page was written with AI from the regulation text above and checked automatically before publishing: every quote appears in the text, every number comes from it, and a second model confirmed each statement adds nothing the text doesn't say. Regulation text current as of April 16, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.