46 CFR 16.205: Chemical testing exemption for foreign pilots and program review

Last reviewed: October 14, 2026

This section covers two points about chemical testing programs. It exempts certain foreign pilots from the testing requirements of §§ 16.210 and 16.230 in specific circumstances. It also says Commandant (CG-INV) will review an employer's chemical testing program on written request.

Applies toIt applies to vessels owned in the United States operating in waters not subject to U.S. jurisdiction, and to employers who request a review of their chemical testing program.

What it says

  1. When a vessel owned in the United States operates in waters not subject to U.S. jurisdiction, the testing requirements of §§ 16.210 and 16.230 do not apply to a citizen of a foreign country employed as Pilot under that country's laws or customs.

    46 CFR 16.205(a)“the testing requirements of §§ 16.210 and 16.230 do not apply to a citizen of a foreign country engaged or employed as Pilot”

  2. The foreign pilot exemption applies only when the pilot is engaged or employed in accordance with the laws or customs of that foreign country.

    46 CFR 16.205(a)“in accordance with the laws or customs of that foreign country”

  3. Commandant (CG-INV) will review an employer's chemical testing program to determine compliance with the provisions of this part, but only upon the employer's written request.

    46 CFR 16.205(b)“Upon written request of an employer, Commandant (CG-INV) will review the employer's chemical testing program to determine compliance with the provisions of this part.”

Common questions

Do chemical testing rules apply to foreign pilots on U.S.-owned vessels?

Not always. When a U.S.-owned vessel operates in waters not subject to U.S. jurisdiction, the testing requirements of §§ 16.210 and 16.230 do not apply to a foreign-citizen Pilot employed under that country's laws or customs.

“When a vessel owned in the United States is operating in waters that are not subject to the jurisdiction of the United States”

How can an employer get its chemical testing program reviewed?

The employer must make a written request. Commandant (CG-INV) will then review the program to determine compliance with the provisions of this part.

“Upon written request of an employer, Commandant (CG-INV) will review the employer's chemical testing program”

The text of 46 CFR 16.205

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

Implementation of chemical testing programs

(a) When a vessel owned in the United States is operating in waters that are not subject to the jurisdiction of the United States, the testing requirements of §§ 16.210 and 16.230 do not apply to a citizen of a foreign country engaged or employed as Pilot in accordance with the laws or customs of that foreign country.

(b) Upon written request of an employer, Commandant (CG-INV) will review the employer's chemical testing program to determine compliance with the provisions of this part.

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.