A proposal initially intended for airlines could unleash a host
of new, ill-defined requirements for general aviationÑrequirements that neither
the FAA nor the industry has the resources to implement, AOPA told the agency March 7.
In late 2010, the FAA proposed requiring Part 121 airlines “to develop and implement a safety management system” to improve its aviation related
activities. While this would at first only apply to scheduled airlines, the
agency said that it intended to extend the requirement to other air agency
certificate holders, including charters, flight schools, and repair stations.
AOPA supports promoting an industry-wide safety culture but
warned that that the broad, open-ended requirements in the proposal would open
the door for widely varying interpretation and would overburden small
businesses. In addition, AOPA wrote, the FAA already has long delays and
varying interpretations of existing, simpler regulations; adding more would be
“irresponsible and a disservice to the small business owners and aviation
community as a whole.”
An SMS includes “an organization-wide safety policy; formal
methods for identifying hazards, controlling, and continually assessing risk;
and promotion of a safety culture,” the FAA proposal said. It did not specify
how compliance would be measured.
So how would organizations comply? AOPA warned in the letter
that SMS concepts are extremely subjective. Companies would be subject to
various field inspectors’ interpretationsÑa problem that already exists, said
AOPA Vice President of Regulatory Affairs Rob Hackman.
“Today, we see a significant difference in the ‘interpretation’
of existing regulations by FAA staff that oversees general aviation
operations,” he wrote. “It will be virtually impossible to standardize
inspectors to the level necessary to evaluate a company’s SMS processes.”
Applying the SMS requirements to GA would be burdensome for both
operators and inspectors, Hackman said. Small businesses often can’t spare
employees to dedicate to meeting extensive new requirements, and there is
already a backlog of issues related to obtaining and maintaining existing air
agency certificates at FAA flight standards district offices nationwide, he
The proposal stems from a 2010 law requiring rulemaking that
would implement SMSs for air carriers. AOPA urged the FAA not to consider
expanding SMS beyond that mandate for air carriers until serious questions are
answered and the industry and FAA have significant experience with air carrier
SMS. The FAA should instead consider voluntary methods for incorporating safety
programs, the association said.