Expressing concern that the FAA’s proposed rule to mandate safety management systems (SMS) for small operators may be too rigid, NBAA and NATA are encouraging the agency to build in flexibility and provide additional implementation time.
“The business aviation community considers safety to be a core value and has long been supportive of voluntary implementation of SMS and other safety initiatives,” said NBAA president and CEO Ed Bolen. “But, for any SMS to be truly effective, it must be tailored to the size and complexity of each operation.”
The FAA should work with stakeholders to ensure the requirements serve the diverse spectrum of operations, Bolen added.
NATA agreed and told the agency in comments on the SMS notice of proposed rulemaking (NPRM), the experiences and structures contained within the proposal for implementation “are based upon those found at large, complex operators” but that the agency “has the responsibility to impose SMS regulations on small operators only if it can be done in such a way that safety is enhanced, and burdens are minimized.”
The FAA released the NPRM in January, extending SMS requirements under Part 5 to Part 135 outfits, certain Part 21 certificate holders, and air tours operating under FAR 91.147.
NBAA, which said in comments "we believe that the NPRM is problematic for a majority of entities covered by this proposal," called the agency's 24-month compliance timeline unrealistic, noting that safety auditors typically recommend a three- to five-year implementation period and also given the FAA’s own resources limitations. Further, NBAA was concerned that the proposal was not fully aligned with International Civil Aviation Organization standards, creating potential conflict for certain operators.
NBAA asked the FAA for a rule that provides for more scalability using performance-based language, rather than a prescriptive approach. NBAA further asked for a phased timeline.
NATA made similar requests, asking for a staggered timeline that provides at least five years for smaller operators. This would enable the FAA to better focus its resources, the association said. NATA further expressed concern about record-keeping, documentation, hazard reporting, and other SMS elements. It asked for the FAA to look at creative solutions such as third-party assistance or pilot programs.