---
kind: "section"
citation: "46 C.F.R. § 138.225"
title: "46"
number: "138.225"
heading: "Existing safety management systems (SMSs)."
url: "https://uscodex.org/cfr/46/138.225"
---

# §138.225. 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](/cfr/33/part96.md), 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)](#a) or [(b)](#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.**

## Notes

### Authority

Authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS Delegation 0170.1.

### Source

Source: 81 FR 40101, June 20, 2016, unless otherwise noted.