SMS Mandate Published; Operators Encouraged to Plan Implementation

The FAA recently published its final rule mandating safety management systems (SMS) for all Part 135 operators, certain Part 21 certificate holders and §91.147 air tour operators. The new rule, the result of a 2023 Notice of Proposed Rulemaking, expands the existing Part 5 SMS requirements and adds new mandates to Part 5.

An SMS mandate for these organizations has been on the horizon since SMS was mandated for Part 121 operators and airports. While many Part 135 operators have voluntarily adopted SMS, this rule requires SMS implementation for all remaining Part 135 operators and establishes FAA oversight of existing and new SMS programs.

NBAA supports implementation of SMS in a scalable, flexible manner in order to allow effective compliance for small operators. The association submitted its concerns to the FAA, including ensuring a scalable means of compliance, reasonable implementation timeline and sufficient FAA resources to approve and oversee thousands of new SMS programs.

The FAA responded to industry concerns by extending the proposed 24-month compliance deadline to 36 months and reducing requirements for single-pilot operations.

Despite the extended compliance timeline, experts suggest operators start preparing now. Complying earlier in the mandated time frame might prove beneficial, as FAA resources could be limited if operators wait until the deadlines are near.

“Operators need to start getting educated now,” said Amanda Ferraro, chief executive officer at Aviation Safety Solutions. “You can’t put an effective SMS together without education.”

NBAA, International Business Aviation Council (IBAC), the Air Charter Safety Foundation (ACSF) and others provide many resources for operators to learn more.

Operators will also benefit from seeking training for individuals who will be responsible for managing the implementation of their SMS. NBAA’s Safety Manager Certificate Program, for example, provides participants with knowledge and skills to effectively manage their organization’s safety management efforts.

Ferraro suggests reaching out to others in the industry who have effectively implemented SMS to learn from their experiences. And although some companies specialize in assisting operators in SMS implementation, Ferraro says not to overly rely on these companies. Not only does an SMS need to be an internal program with commitment to safety at every level, but there simply aren’t enough third-party resources to handle the upcoming need, she explained.

“If an operator has an existing SMS per ICAO Annex 19, they still have some work to do to ensure it conforms to the new regulation,” said Ferraro. “These new requirements involve additions and changes to existing systems, including updates in language, system functionalities and processes.”

“The new SMS mandates are relatively broad; so comprehensive guidance materials for industry and inspectors alike are critical to scalable, effective implementation for operators of all sizes to ensure this mandate enhances safety,” said Brian Koester, CAM, NBAA’s director of flight operations and regulations. “NBAA will work with the FAA to meet this common objective.”

Review NBAA’s resources on SMS at nbaa.org/sms.