New SMS NPRM — Let Your Voice Be Heard!
On January 11, the FAA published a notice of proposed rule making (NPRM) titled Safety Management Systems.
The summary of this NPRM states:
"The FAA proposes to update and expand the requirements for safety management systems (SMS) and require certain certificate holders and commercial air tour operators to develop and implement an SMS. This proposed rule would extend the requirement for an SMS to all certificate holders operating under the rules for commuter and on-demand operations, commercial air tour operators, production certificate (PC) holders that are holders or licensees of a type certificate (TC) for the same product, and holders of a TC who license out that TC for production. The FAA also proposes this rule in part to address a Congressional mandate as well as recommendations from the National Transportation Safety Board (NTSB) and two Aviation Rulemaking Committees (ARCs). Additionally, the proposed rule would more closely align the United States with Annex 19 to the Convention on International Civil Aviation. This proposed rule is intended to improve aviation safety by requiring organizations to implement a proactive approach to managing safety."
The FAA proposes to expand the applicability of Part 5 beyond Part 135 operators to include Part 135 operators, 91.147 Air tour operators and certain certificate holders under Part 21. The FAA believes these entities would receive the greatest safety benefits of an SMS as they are the best situated to prevent future incidents and aviation accidents.
Now is your chance to comment on this proposed rule! Comments must be submitted on or before March 13, 2023.
The NPRM states:
"The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.
The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The agency may change this proposal considering the comments it receives."
The SMS NPRM can be viewed at https://www.federalregister.gov/documents/2023/01/11/2022-28583/safety-management-systems#h-1.
Let your voice be heard! Pour a cup of coffee (you might need two), take time to review the NPRM and how it might affect you and/or your company, and submit relevant comments to the FAA on or before March 13!
Thanks for reading!