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The FAA issued a final rule for charter airlines, commuter airlines, air tour operators and certain aircraft manufacturers on Monday, requiring the implementation of a Safety Management System.
Airports across the country have been required to implement an SMS to help identify and mitigate safety risks before they result in an incursion or incident. The system provides a means to develop a structured, repeatable and systemic approach to proactively identify hazards and manage risk. Incorporating SMS will allow these aviation organizations to better develop and implement mitigations that are appropriate for specific environments and types of operations.
The final rule mandates that these organizations now develop an SMS within one to three years, depending on the type of operation. The FAA has required U.S. airlines to have SMS since 2018 and many manufacturers have developed and implemented SMS, which has been accepted by the agency.
With the rule, organizations with an SMS are required to share hazard information with other aviation organizations, allowing collaboration to help identify and address potential safety risks. The FAA said the final rule goes beyond the requirements of the Aircraft Certification, Safety and Accountability Act of 2020 that directed the agency to mandate SMS for aircraft manufacturers. The new final ruling also addresses the recommendations from the NTSB and independent review panels.
The FAA published the NPRM for Safety Management Systems on Jan. 11, 2023 which proposed an update to SMS requirements to extend the requirement to all certificate holders operating under the rules for commuter and on-demand operations, or part 135, along with commercial air tour operators and Part 21. The FAA has also proposed regulation changes for parts 21, 91 and 119 to conform with the implementation of and the proposed requirements. After allowing for an extension, the comment period closed on April 11, 2023. The FAA received 186 comment submissions from air carriers, aircraft designers and manufacturers, trade associations, non-profits, a university and private citizens.
In April 2023, the NBAA said the NPRM missed the mark for business aviation. The organization said there was a lack of scalability and flexibility, specifically for smaller operators. The NBAA also felt the timeline would not ensure the effective implementation of SMS requirements. The organization issued a statement on Tuesday about the final ruling, commending the FAA for reflecting NBAA feedback. The group did not that the FAA did not implement the recommendation to utilize industry standards like the International Standard for Business Aircraft Operations. "The business aviation community has always considered safety to be a core value, and has led the way in the voluntary adoption of SMS and other best practices," NBAA President and CEO Ed Bolen said. "This final rule largely reflects comments from NBAA and hundreds of others who have noted that for an SMS to be effective, it must be tailored to the size and complexity of each operation."RELATED STORIES:NBAA says SMS proposal 'misses the mark' for business aviationFAA's new rule requires SMS program implementation at over 200 airports
The FAA responded to comments, noting that the concerns surrounding scalability were addressed in an Advisory Circular, which included implementation strategies and examples for small operators.
"The public expects safe carriage from operators offering flight services for hire irrespective of whether an operator employs one pilot or many," the FAA final ruling stated. "Regardless of size, all companies have the responsibility to conduct safe operations."
The agency determined that the SMS mandate will apply to all part 135 operators as well as commercial air tours since "they are all engaged in the transportation of passengers or cargo for compensation or hire." The FAA notes that there is risk in aviation regardless of the size or complexity of the operation. The SMS is meant to identify hazards and mitigate the risk of these hazards. The FAA said that all operators can benefit from implementing SMS since it will increase safety and support a proactive method of managing safety and identifying risks.
"SMS is not a comprehensive solution but serves as an additional preventive measure in the evolution of aviation safety," the FAA said.READ THE FINAL RULE HERE
The FAA did agree that the previous wording was illogical for single-pilot operations and has added a paragraph to enumerate the SMS provisions that will not apply to single-pilot operations conducted under Part 135 or an LOA under § 91.147. These exceptions are limited to entities with a single pilot who is the sole individual performing all necessary functions directly relating to the safe operation of the aircraft, including operational control, refueling, ground handling, flight planning, preventative maintenance and financial decisions.
The time of compliance has increased from 24 months to 36 months for part 135 operators and LOA holders under § 91.147 in response to comments. The FAA has also removed the proposed requirement for existing part 121 operators to submit changes to the SMS to meet new requirements. "Requiring more aviation organizations to implement a proactive approach to managing safety will prevent accidents and save lives," FAA Administrator Mike Whitaker said.