STATE SAFETY PROGRAM (SSP)

Safety Management System Obligations

The U.S. recognizes the requirement for States to establish regulations requiring service providers to implement SMS. The U.S. filed a difference, however, because it has not issued regulations requiring the implementation of SMS by approved training organizations that are exposed to safety risks related to aircraft operations during the provision of their services; some operators of airplanes or helicopters authorized to conduct international commercial air transport; approved maintenance organizations providing services to operators of airplanes or helicopters engaged in international commercial air transport; organizations responsible for the type design or manufacture of aircraft; and aerodromes certified in accordance with Annex 14. 

The FAA has provided guidance for several voluntary SMS programs. As a result, many U.S. product/service providers meet ICAO SMS requirements even though the State has not yet issued regulations applicable to the aforementioned organizations. In accordance with ICAO Annex 19 standards, the U.S., through AOV, has implemented SMS requirements for the U.S. ANSP, the ATO. Additionally, on January 8, 2015, the FAA issued a final rule requiring each air carrier operating under 14 CFR part 121 to develop and implement an SMS to improve the safety of its aviation-related activities. 

The FAA approved all U.S. 14 CFR part 121 carriers' SMS programs by March 9, 2018. The FAA developed 14 CFR part 5 as a standard that could be extended to other certificate holders in the future. The FAA issued a notice of proposed rulemaking (NPRM) followed by a supplemental notice of proposed rulemaking (SNPRM) proposing to require airports certificated under 14 CFR part 139 to establish an SMS. This rulemaking process is ongoing. 

Voluntary SMS Projects Regulations may not always be feasible and other mechanisms to meet the intent of ICAO Annex 19 may be necessary. The development of processes to oversee SMSs of product/service providers outside the FAA began with voluntary SMS pilot projects. 

These pilot projects have been in place for several years and have been quite successful. Participation in the SMS pilot projects positions industry organizations for easier transition to SMS. 

The FAA conducted voluntary SMS pilot projects with airport operators and aircraft design and manufacturers. In addition, FS has an ongoing voluntary pilot project that includes participation from various types of service providers overseen by FS. 

SMS pilot projects offer industry participants broad experience in the development of an SMS, input to FAA guidance under development, and an opportunity to share best practices and lessons learned. In addition, they provide a practical environment in which the FAA can revise or develop additional processes to oversee product/service providers that are implementing or have implemented an SMS. 

These organizations can apply what they learned from the pilot projects while transitioning to voluntary programs. 

 Additionally, FAA established an Aviation Rulemaking Committee (ARC) which assessed the application of SMS to 14 CFR part 21 organizations. 

Additionally, the FAA has initiated rulemaking that would require persons engaged in the design and production of aircraft, engines, or propellers; certificate holders that conduct common carriage operations under 14 CFR part 135; persons engaged in maintaining 14 CFR part 121 aircraft under 14 CFR part 145; and persons conducting certain, specific types of air tour operations under 14 CFR part 91 to implement an SMS. 

For those components of the aviation system that are not currently covered by the FAA’s existing SMS requirements, the FAA has provided guidance for the development of voluntary SMS programs. 

The FAA conducted voluntary SMS pilot projects with airport operators, and aircraft design and manufacturing organizations to study the implementation of SMS in these segments. Since 2006, FS has sponsored voluntary pilot projects that include, among others, air carriers (14 CFR part 135 certificate holders) and repair stations (14 CFR part 145 certificate holders).