On July 23, 2009, the FAA published an advance notice of proposed rulemaking (ANPRM) pertaining to implementation of safety management system (SMS) for certain operators.

The ANPRM solicits public comments on a potential rulemaking that would require certain part 21, 119, 121, 125, 135, 141, 142, and 145 certificate holders, product manufacturers, applicants, and employers to develop a Safety Management System.


The FAA is not proposing any regulatory changes at this time, but rather intends to establish an Aviation Rulemaking Committee (ARC) to assess comments resulting from this ANPRM and to provide recommendations for any SMS rulemaking effort.

After review of all of the comments submitted in response to this ANPRM, and review of the ARC recommendations, the FAA will likely issue a notice of proposed rulemaking (NPRM) proposing specific regulations or regulatory amendments to create an SMS rule.

You may find a copy of the ANPRM, with details and instruction for commenting at:

http://edocket.access.gpo.gov/2009/pdf/E9-17553.pdf

The ANPRM document published by the FAA references proposed amendments to ICAO Annex 6.  What the document fails to address is that, on March 7th 2008, ICAO adopted an amendment to Annex 6 Part II  and the new Section III, that applies to jet aircraft and aircraft over 12,500 lbs or 5,700 kgs, that introduces the requirement for operations manuals, safety management systems, training programs and fatigue management programs.

The FAA is deviating from ICAO recommendations for jet aircraft and aircraft over 12,500 lbs. Under the current ANPRM there is a large subset of complex aircraft that will not require an SMS in the United States but will in the international arena.