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Monday, February 7, 2011

Appeals Make FAA Extend SMS Comment Deadline


At the request of numerous general aviation, manufacturer and repair station organizations, FAA has extended the comment deadline until March 7 on a notice of proposed rulemaking (NPRM) that would require Part 121 holders to adopt safety management systems (SMS). FAA published the NPRM Nov. 5 and originally called for the comment period to close yesterday.
Eight organizations last month jointly requested a 90-day extension of the comment period. “Although this NPRM is targeted at Part 121 air carriers, these organizations have a great interest in submitting comments to this NPRM as it appears that these rules are to become the framework for SMS [regulations] that may be extended to other aspects of aviation,” the organizations say.
The SMS proposal, the organizations contend, represents a “theoretical departure” from the way aviation has been regulated in the past. The organizations are particularly concerned by potential “implementation hurdles” that include redundant regulatory requirements, along with rules that do not necessarily work with existing regulations affecting management systems.
“We believe that public comments must account for these hurdles, and proposed alternatives that overcome these hurdles, or else the rule will fail to achieve its stated aims of improving safety,” the groups say.
The organizations signing the letter were the Aeronautical Repair Station Association, Aircraft Electronics Association, Aircraft Owners and Pilots Association, Aviation Suppliers Association, Experimental Aircraft Association, Modification and Replacement Parts Association, National Air Transportation Association and National Business Aviation Association.
But the Aerospace Industries Association and General Aviation Manufacturers Association also sent a letter to FAA asking for a 60-day extension. AIA and GAMA agree with the other groups, saying, “It is extremely important that [Part 5’s] initial establishment take due consideration of its intended application across the broader industry.”
FAA responded to the request for extension, saying the petitioners have demonstrated that extending the deadline would be in the public interest. But the agency opted instead for a 30-day extension, rather than the longer extensions requested by the associations.

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