Regulatory Alert: FAA Publishes Airport SMS Final Rule; Establishes Implementation Deadlines for Part 139 Airports
The Federal Aviation Administration (FAA) on February 23 published the airport safety management system (SMS) final rule in the Federal Register, which provides Part 139 certificated airports with more clarity on the specific deadlines for implementing the new requirements. The rule officially goes into effect on Monday, April 24, at which time the clock will begin on when airports will be required to submit 'implementation plans' that outline its plan and schedule for ensuring compliance. An overview of key deadlines is provided below based on how the airport falls within the scope of the new rule.
You can view the published version of the final rule here. AAAE has provided an overview of key takeaways in our February 16 Regulatory Alert and hosted a webinar discussion on Tuesday to provide members with a high-level overview of the new rule. AAAE also developed a one-page chart for airports to view the categories of Part 139 airports subject to the rule's requirements and the timeline for each category to comply with the relevant regulatory deadlines.
FAA's Implementation Timeline/Deadlines. Under the rule, FAA heard feedback from AAAE and the airport community and provided airports with additional time and flexibility to implement an SMS program. FAA set two deadlines for Part 139 airports, which fall within the scope of the requirements, to submit their implementation plan and SMS documentation (Airport SMS Manual and/or updated Airport Certification Manual (ACM)); these deadlines are staggered based on the size of the airport. The following summarizes when each of these documents must be submitted to FAA for approval for each of the three categories of Part 139 airports subject to the requirements:
• Small, Medium, and Large Hub Part 139 Airports: These airports must submit their implementation plan to FAA on or before April 24, 2024, which is within 12 months of the effective date of the final rule. SMS documentation (SMS Manual and/or an updated ACM) must be submitted within 12 months of FAA's approval of the implementation plan.
• Part 139 Airports Averaging More than 100,000 Operations: These airports must submit their implementation plan to FAA on or before October 24, 2024, which is within 18 months of the effective date of the final rule. SMS documentation (SMS Manual and/or an updated ACM) must be submitted within 12 months of FAA's approval of the implementation plan.
• Part 139 Airports with International Service: These airports must submit their implementation plan to FAA on or before April 24, 2025, which is within 24 months of the effective date of the final rule. SMS documentation (SMS Manual and/or an updated ACM) must be submitted within 12 months of FAA's approval of the implementation plan.
Under the rule, FAA will require that all Part 139 airports falling within the scope of the requirements have an operational SMS program within 36 months of the agency approving the implementation plan.
What's Next? Throughout the implementation period, AAAE will be working very closely with our members, FAA, and industry partners to ensure airports have the resources and flexibility to implement an SMS program that is tailored to their unique operating environment and with as minimal burden as possible.
AAAE's Airside Operations and Safety Working Group will be hosting its monthly meeting on Monday, February 27, at 3:00 pm ET, to facilitate continued discussion on airport SMS. Please contact Jeremy Valcich if you are interested in participating in this meeting. FAA announced that the agency plans to host an industry day on Thursday, March 30, to help educate airports on the new rule and to answer questions. We will provide more details about how to participate as soon as they are available.
Airport SMS Resources
• FAA SNPRM on Airport SMS (July 14, 2016)
• Regulatory Docket for FAA's Airport SMS Rulemaking
• AAAE's 2016 Response to the FAA SNPRM
• AAAE's September 2021 Response to Reopened Comment Period on FAA's SNPRM
• FAA Final Rule on Airport SMS (Pre-Publication Version)
• FAA Website with Resources on Airport SMS Final Rule
• FAA AC 150/5200-37A, Safety Management Systems for Airports (Feb. 16, 2023)
• FAA Part 139 CertAlert 23-02: Airport Safety Management Systems
• FAA Frequently Asked Questions (FAQs) on Airport SMS Final Rule
• List of Part 139 Airports Required to Implement SMS
• FAA Press Release on Airport SMS Final Rule
• AAAE's Regulatory Alert: FAA Releases Airport SMS Final Rule
• AAAE's Webinar on Airport SMS Final Rule (Feb. 21, 2023)
