46 CFR 138.225: Existing safety management systems and TSMS

Last reviewed: October 14, 2026

This section covers existing safety management systems (SMSs) used to meet TSMS requirements. An SMS fully compliant with the ISM Code requirements is deemed in compliance with TSMS-related requirements in this subchapter. The Coast Guard may accept in full, require modifications to, or reject other existing SMSs.

Applies toOwners and managing operators who seek to meet TSMS requirements using an existing SMS.

What it says

  1. An SMS that is fully compliant with the ISM Code requirements, implemented in 33 CFR part 96, is deemed in compliance with TSMS-related requirements in this subchapter.

    46 CFR 138.225(a)“A safety management system (SMS) which is fully compliant with the International Safety Management (ISM) Code requirements, implemented in 33 CFR part 96, will be deemed in compliance with TSMS-related requirements in this subchapter.”

  2. Other existing SMSs may be considered for acceptance as meeting the TSMS requirements of this part.

    46 CFR 138.225(b)“Other existing SMSs may be considered for acceptance as meeting the TSMS requirements of this part.”

  3. The Coast Guard may require modifications to an other existing SMS as a condition of acceptance.

    46 CFR 138.225(b)(2)“Require modifications to the system as a condition of acceptance; or”

  4. An owner or managing operator who seeks to meet TSMS requirements using paragraph (a) or (b) of this section must submit documentation to the Coast Guard based on the initial audit and one full audit cycle of at least 3 years.

    46 CFR 138.225(c)“must submit documentation to the Coast Guard based on the initial audit and one full audit cycle of at least 3 years.”

  5. The Coast Guard may elect to inspect equipment and records, including the contents of the SMS.

    46 CFR 138.225(d)“The Coast Guard may elect to inspect equipment and records, including:”

Common questions

Does an ISM Code SMS satisfy TSMS requirements?

An SMS that is fully compliant with the ISM Code requirements, implemented in 33 CFR part 96, is deemed in compliance with TSMS-related requirements in this subchapter.

“will be deemed in compliance with TSMS-related requirements in this subchapter.”

What can the Coast Guard do with an other existing SMS?

The Coast Guard may accept the system in full, require modifications as a condition of acceptance, or reject it.

“Require modifications to the system as a condition of acceptance; or”

What documentation must I submit to use an existing SMS for TSMS?

An owner or managing operator must submit documentation to the Coast Guard based on the initial audit and one full audit cycle of at least 3 years.

“based on the initial audit and one full audit cycle of at least 3 years.”

What records can the Coast Guard inspect for an existing SMS?

The Coast Guard may inspect equipment and records, including objective evidence of internal and external audits.

“Objective evidence of internal and external audits;”

The text of 46 CFR 138.225

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

Existing safety management systems (SMSs)

(a) A safety management system (SMS) which is fully compliant with the International Safety Management (ISM) Code requirements, implemented in 33 CFR part 96, will be deemed in compliance with TSMS-related requirements in this subchapter.

(b) Other existing SMSs may be considered for acceptance as meeting the TSMS requirements of this part. The Coast Guard may:

(1) Accept such system in full;

(2) Require modifications to the system as a condition of acceptance; or

(3) Reject the system.

(c) An owner or managing operator who seeks to meet TSMS requirements using provisions in paragraph (a) or (b) of this section must submit documentation to the Coast Guard based on the initial audit and one full audit cycle of at least 3 years.

(d) The Coast Guard may elect to inspect equipment and records, including:

(1) Contents of the SMS;

(2) Objective evidence of internal and external audits;

(3) Objective evidence that non-conformities were identified and corrected; and

(4) Objective evidence of vessel compliance with applicable regulations.

Sections it refers to

  • 33 CFR part 96

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.