Tue, Aug 10, 2010
ARC Recommendation Is The First Step In The Rulemaking
Process
SUMMARY: The Safety Management Systems Aviation
Rulemaking Committee (ARC) published its final report to the FAA
regarding suggestions for the implementation of SMS in the United
States.
MAJOR HIGHLIGHTS: Overall, the ARC believes the
FAA should issue regulations on SMS. However, it was noted that
several SMS concepts already are covered by existing regulations to
various degrees.
The ARC recommended organizations certificated pursuant to 14
CFR Parts 21, 119, 121, 125, 135, 141, 142 and 145 as listed in the
ANPRM should be included with any SMS mandate. The ARC also
recommended 14 CFR Part 91, Subpart K operators be included.
There were a significant number of considerations the ARC also
recommended, which the FAA must resolve prior to promulgation of
any rule, including:
-
Protection of SMS safety information and proprietary data
- Alignment with ICAO SMS framework and international
acceptability
- Phased promulgation of SMS regulations
- Phased implementation of SMS requirements
- Recognize existing systems and processes
- Recognize existing regulations/requirements
- Scalability and flexibility
- Consistency in requirements for holders of multiple
certificates
- Alternative strategies for SMS implementation
- SMS does not change existing regulatory standards
AEA COMMENTARY: The ARC recommendation is the
first step in the rulemaking process, and it is clear the FAA has a
lot of work to do before a proposal can be initiated. For example,
the cost/benefit analysis required for all rulemaking will be
difficult to achieve, as well as the requirement for evaluation of
alternative approaches for small businesses to achieve the same
outcome. In each of these cases, the federal agency must define a
quantifiable problem that alternative solutions can be measured
against. To date, the FAA has not identified a quantifiable
problem.
The current status of SMS and how the AEA will assist its
membership in implementation of whatever the final rule requires
will be a topic of discussion at this fall's AEA regional
meetings.
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