The FAA published the final rule requiring Safety Management Systems (SMS) for all part 135 operators on April 26, 2024. SMS programs have already been a requirement for part 121 operators under part 5 of the FAA regulations. Today’s final rule expands the applicability of part 5 to all part 135 commuter and on-demand operators as well as certain part 91 air tour operators and type certificate and production certificate holders under part 21. 

SMS is a significant procedural program designed to improve safety through identification and mitigation of hazards. The FAA assures that the approach to SMS specified by the final rule is scalable and adaptable to all sizes and classes of operators.

Successful SMS implementation will require sustained operator effort and resources, especially from those that have not already acted to adopt a SMS.

For the many part 135 operators that have already voluntarily implemented SMS, action is still required to establish compliance with the new SMS regulations.

NATA Position

NATA supports the adoption of SMS and believes that all operators can benefit from implementation. However, there are still hurdles to achieving the full promise of SMS. NATA remains concerned about the training and resources available to both agency inspectors and industry. The association has provided several educational resources and will continue efforts to ensure all operators have access to the information and materials needed to meet their regulatory obligations and realize the full benefits of SMS.

36-Month Compliance Period

The final rule provides 36 months to establish compliance. No later than May 28, 2027, each part 135 operator must provide to the FAA a Declaration of Compliance (14 CFR 5.9). Importantly, from a regulatory compliance standpoint, the Declaration of Compliance is the culmination of the SMS development process, not its initiation. Simply put, operators must have a SMS program developed and implemented in accordance with part 5 standards prior to submitting their Declaration.

Review Part 5

At this point, all part 135 operators should carefully review the SMS final rule to ensure an understanding of all required elements, including:

• Safety Policy (part 5, subpart B)
• Safety Risk Management (part 5, subpart C)
• Safety Assurance (part 5, subpart D)
• Safety Promotion (part 5, subpart E)

The final rule’s preamble provides a table outlining the key changes between the proposed rules and the adopted regulations. See table below.

Single Pilot Exceptions

The FAA acknowledged that elements of their proposal were impractical or illogical for those entities with a single pilot who is solely responsible for the conduct and execution of functions related to the safety of operations. The specific exclusions available for these single pilot operations are listed at § 5.9 (e).

Key Dates

The final rule was published in the Federal Register on April 26, 2024.

On May 28, 2024, the changes to the regulatory text made by the SMS final rule will be effective. At that time, the comprehensive version of part 5 available at ecfr.gov should be up to date, allowing easy viewing of all the regulatory changes to part 5 made in this final rule.

Part 135 operators will have until May 28, 2027, to submit their Declaration of Compliance to the FAA attesting that they have met their obligations under the rules.

Recommended Resources

A recent NATA webinar provided best practices for SMS implementation utilizing a condition-based approach to adapting safety management to the specific attributes of their organization. A free recording can be found here.

On May 9, NATA will host another webinar on Dispelling Myths About the Updated and Expanded Part 5 SMS Rule. Registration is open to all part 135 operators.

The FAA’s SMS Office will be participating in NATA’s Air Charter Summit on June 25 to discuss implementation of the rule and answer questions. Registration for the Summit is open to all air charter operators. We encourage your participation to gain a better understanding of the requirements of SMS and learn best practices for SMS implementation and adoption, along with other key topics.

View the FAA SMS page at www.faa.gov/about/initiatives/sms.

The FAA has not yet published an updated version of the SMS Advisory Circular (AC 120-92D). This is expected to occur shortly. The draft version (which corresponded to the proposed rules) is available here.
 

Source: 89 Fed. Reg. 33069-33070

For general press inquiries, contact Shannon Chambers at 703-298-1347 or schambers@nata.aero. 

The National Air Transportation Association (NATA) has been the voice of aviation business for more than 80 years. Representing nearly 3,700 aviation businesses, NATA’s member companies provide a broad range of services to general aviation, the airlines and the military and NATA serves as the public policy group representing the interests of aviation businesses before Congress and the federal agencies.