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required to comply with the TSMS option. Reports created by the Coast

Guard as part of a marine casualty in- vestigation are protected by Title 46 of the United States Code.

Notwithstanding any other provi- sion of law, no part of a report of a marine casualty investigation con- ducted under section 6301 of this title, including ? ndings of fact, opin- ions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings, other than an administrative proceed- ing initiated by the United States.

The marine casualties that require reporting include: 1. death of an individual; 2. serious injury to an individual; 3. material loss of property; 4. material damage affecting the sea- worthiness or ef? ciency of the vessel; and 5. signi? cant harm to the environment.

Extending the same level of protec- tion to internal audit reports under Sub

M would encourage vessel operators to choose the TSMS option. The TSMS option is designed to be a more ef? - cient way of towing safety management than relying solely on Coast Guard in- spections, and Congress should pro- vide to internal audits under Sub M the same protection as exists under 6301 for Coast Guard investigative re- ports to encourage the implementation of an even stronger and more proactive

TSMS than a vessel owner or operator would otherwise craft and draft.

These are only some of the legal is- sues that will likely arise as vessel own- ers and operators enter into compliance with Subchapter M. Therefore, when crafting a TSMS, owner’s and opera- tor’s should consider the legal rami? ca- tions of this new regulatory regime in order that the TSMS can be properly tailored to their operations, and thus drafted to as best as possible reduce ex- posure to such risks liabilities imposed upon them under Subchapter M.