46 CFR § 138.205 - Purpose of a TSMS.
---
identifier: "/us/cfr/t46/s138.205"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "46 CFR § 138.205 - Purpose of a TSMS."
title_number: 46
title_name: "Shipping"
section_number: "138.205"
section_name: "Purpose of a TSMS."
chapter_name: "COAST GUARD, DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "M"
subchapter_name: "TOWING VESSELS"
part_number: "138"
part_name: "TOWING SAFETY MANAGEMENT SYSTEM (TSMS)"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS Delegation 0170.1."
regulatory_source: "81 FR 40101, June 20, 2016, unless otherwise noted."
cfr_part: "138"
---
# 138.205 Purpose of a TSMS.
(a) The purpose of a TSMS is to establish policies, procedures, and required documentation to ensure the owner or managing operator meets its established goals while ensuring continuous compliance with all regulatory requirements. The TSMS must contain a method to ensure all levels of the organization are working within the framework.
(b) A TSMS establishes and maintains:
(1) Management policies and procedures that serve as an operational protocol for all levels within management;
(2) Procedures to produce objective evidence that demonstrates compliance with the requirements of this subchapter;
(3) Procedures for an owner or managing operator to evaluate that they are following their own policies and procedures and complying with the requirements of this subchapter;
(4) Arrangements for a periodic evaluation by an independent third-party organization (TPO) to determine how well an owner or managing operator and their towing vessels are complying with their stated policies and procedures, and to verify that those policies and procedures comply with the requirements of this subchapter; and
(5) Procedures for correcting problems identified by management personnel and TPOs and facilitating continuous improvement.