FAA's New Safety Management System Rule: What You Need to Know

The Federal Aviation Administration (FAA) has introduced a final rule to update the Safety Management Systems (SMS) requirements. This new regulation now extends to Part 135 operators and air tour operators under 91.147, aiming to elevate safety standards, adhere to a Congressional mandate, and align with global standards.

Understanding the New Rule

Expanded Applicability: The new rule applies to all certificate holders operating under commuter and on-demand operations (Part 135), commercial air tour operators under § 91.147, and certain holders under Part 21, including type certificate (TC) and production certificate (PC) holders. This expansion is designed to encompass a wider array of aviation operations, ensuring comprehensive safety management across the board.

Purpose: The Aviation Safety Management System (SMS) framework is designed to shift the focus from reactive analysis of past accidents to proactive hazard identification and safety risk management. This proactive approach involves identifying safety hazards, assessing and managing safety risks, and ensuring the effectiveness of safety risk controls.

Congressional Mandate: This update responds to the Aircraft Certification Safety and Accountability Act of 2020, which requires SMS for both TC and PC holders. This legislative mandate underscores the importance of safety in aviation operations.

International Alignment: The rule aligns with Annex 19 to the Convention on International Civil Aviation, ensuring that U.S. regulations are consistent with international safety management practices. This global alignment fosters a unified approach to aviation safety.

Key Components of the Aviation Safety Management System (SMS)

An effective Safety Management System must include the following elements:

• Safety Policy: Establishing a commitment to safety.
• Safety Risk Management: Identifying and mitigating risks.
• Safety Assurance: Monitoring and evaluating safety performance.
• Safety Promotion: Encouraging a positive safety culture.

Changes from the NPRM

The final rule has incorporated public feedback, resulting in several adjustments:

• Clarifications on applicability to specific entities.
• Adjustments in compliance timelines.
• Modifications in definitions and requirements to enhance clarity and feasibility.

Implementation and Impact

Implementation Plan: The FAA has set new deadlines and steps for different certificate holders to ensure compliance. This phased approach helps operators adapt to the new requirements efficiently.

Costs and Benefits: The estimated annualized cost of implementing the Aviation Safety Management System is $47.4 million over five years, primarily for development and implementation. However, the anticipated benefits include avoided fatalities, injuries, aircraft damage, and investigation costs, making the investment worthwhile.

Feedback and Adjustments: The FAA has addressed concerns from stakeholders, particularly regarding the burden on small operators. The rule includes provisions for scalability and flexibility to accommodate different operational sizes.

Exclusions: Single-pilot operators are exempt from certain SMS requirements, with specific guidance provided to navigate these exceptions.

What This Means for You

As a certificate holder or operator, it's crucial to understand how these changes affect your operations and what steps you need to take next. Here's a quick action plan:

1. Review the New Requirements: Familiarize yourself with the detailed provisions of the new FAA SMS compliance rule.

2. Assess Your Current SMS: Evaluate your existing safety management practices to identify gaps and areas for improvement.

3. Develop a Compliance Plan: Create a roadmap for implementing the necessary changes within the specified timelines.

4. Engage with Stakeholders: Communicate with your team, partners, and other stakeholders to ensure a smooth transition.

5. Leverage Resources: Utilize the guidance and support provided by the FAA to navigate the new requirements effectively, and work with partners who can support your safety efforts.

Conclusion

The FAA's new Aviation Safety Management System rule represents a significant step towards enhancing aviation safety. By expanding the scope of SMS requirements, aligning with international standards, and incorporating industry feedback, the rule aims to foster a safer, more proactive aviation environment. As you move forward, embracing these changes will not only ensure compliance but also contribute to a culture of safety that benefits everyone in the aviation community.