Safety Management System for Certificated Airports, 62008-62023 [2010-25338]
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62008
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules
Pilatus Aircraft Ltd. Pilatus PC–6 Service
Bulletin No. 57–005, REV No. 1, dated
November 19, 2007; Pilatus Aircraft Ltd.
Pilatus PC–6 Service Bulletin No. 57–005,
dated August 30, 2007; Pilatus Aircraft Ltd.
Pilatus PC–6 Service Bulletin No. 57–004,
dated April 16, 2007; and Chapter 57–00–02
of Pilatus Aircraft Ltd. Pilatus PC–6 Aircraft
Maintenance Manual, dated November 30,
2008, for related information.
Issued in Kansas City, Missouri, on
September 30, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–25289 Filed 10–6–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 139
[Docket No. FAA–2010–0997; Notice No. 10–
14]
RIN 2120–AJ38
Safety Management System for
Certificated Airports
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action would require
each certificate holder to establish a
safety management system (SMS) for its
entire airfield environment (including
movement and non-movement areas) to
improve safety at airports hosting air
carrier operations. An SMS is a
formalized approach to managing safety
by developing an organization-wide
safety policy, developing formal
methods of identifying hazards,
analyzing and mitigating risk,
developing methods for ensuring
continuous safety improvement, and
creating organization-wide safety
promotion strategies. When
systematically applied in an SMS, these
activities provide a set of decisionmaking tools that airport management
can use to improve safety. This proposal
would require a certificate holder to
submit an implementation plan and
implement an SMS within timeframes
commensurate with its class of Airport
Operating Certificate (AOC).
DATES: Send your comments on or
before January 5, 2011.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2010–0997 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
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SUMMARY:
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the online instructions for sending your
comments electronically.
• Mail: Send Comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, West Building
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery: Take comments to
Docket Operations in Room W12–140 of
the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
For more information on the rulemaking
process, see the SUPPLEMENTARY
INFORMATION section of this document.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
DocketsInfo.dot.gov.
Docket: To read background
documents or comments received, go to
https://www.regulations.gov at any time
and follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
proposed rule, contact Keri Spencer,
Office of Airports Safety and Standards,
Airports Safety and Operations
Division, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 267–8972; fax (202)
493–1416; e-mail keri.spencer@faa.gov.
For legal questions, contact Robert
Hawks, Office of the Chief Counsel,
Regulations Division, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 267–7143; fax (202)
267–7971; e-mail: rob.hawks@faa.gov.
SUPPLEMENTARY INFORMATION: Later in
this preamble under the Additional
Information section, we discuss how
you can comment on this proposal and
how we will handle your comments.
Included in this discussion is related
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information about the docket, privacy,
and the handling of proprietary or
confidential business information. We
also discuss how you can get a copy of
this proposal and related rulemaking
documents.
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
The FAA is issuing this rulemaking
under the authority described in subtitle
VII, part A, subpart III, section 44706,
‘‘Airport operating certificates.’’ Under
that section, Congress charges the FAA
with issuing airport operating
certificates that contain terms that the
Administrator finds necessary to ensure
safety in air transportation. This
proposed rule is within the scope of that
authority because it requires all holders
of an airport operating certificate to
develop, implement, and maintain an
SMS. The development and
implementation of an SMS ensures
safety in air transportation by assisting
airports in proactively identifying and
mitigating safety hazards.
Background
The FAA is committed to
continuously improving safety in air
transportation. As the demand for air
transportation increases, the impacts of
additional air traffic and surface
operations, changes in air traffic
procedures, and airport construction
can heighten the risks of aircraft
operations. While the FAA’s use of
prescriptive regulations and technical
operating standards has been effective,
such regulations may leave gaps best
addressed through improved
management practices. As the certificate
holder best understands its own
operating environment, it is in the best
position to address many of its own
safety issues. While the FAA would still
conduct regular inspections, SMS’s
proactive emphasis on hazard
identification and mitigation, and on
communication of safety issues,
provides certificate holders robust tools
to improve safety.
The International Civil Aviation
Organization (ICAO) defines SMS as a
‘‘systematic approach to managing
safety, including the necessary
organizational structures,
accountabilities, policies, and
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procedures.’’ 1 In 2001, ICAO adopted a
standard in Annex 14 that all member
states establish SMS requirements for
airport operators. The FAA supports
conformity of U.S. aviation safety
regulations with ICAO standards and
recommended practices. The agency
intends to meet the intent of the ICAO
standard in a way that complements
existing airport safety regulations in 14
CFR part 139. Additional information
regarding these amendments, as well as
ICAO’s guidance on establishing an
SMS framework, may be found at https://
www.icao.int/anb/safetymanagement/.
Safety Management System
Components
An SMS provides an organization’s
management with a set of decisionmaking tools that can be used to plan,
organize, direct, and control its business
activities in a manner that enhances
safety and ensures compliance with
regulatory standards. These tools are
similar to those management already
uses to make production or operations
decisions. An SMS has four key
components: Safety Policy, Safety Risk
Management (SRM), Safety Assurance,
and Safety Promotion. Definitions of
these are as follows and further detailed
in the proposal discussion.
Safety Policy. Safety Policy provides
the foundation or framework for the
SMS. It outlines the methods and tools
for achieving desired safety outcomes.
Safety Policy also details management’s
responsibility and accountability for
safety.
Safety Risk Management (SRM). As a
core activity of SMS, SRM uses a set of
standard processes to proactively
identify hazards, analyze and assess
potential risks, and design appropriate
risk mitigation strategies.
Safety Assurance. Safety Assurance is
a set of processes that monitor the
organization’s performance in meeting
its current safety standards and
objectives as well as contribute to
continuous safety improvement. Safety
Assurance processes include
information acquisition, analysis,
system assessment, and development of
preventive or corrective actions for
nonconformance.
Safety Promotion. Safety Promotion
includes processes and procedures used
to create an environment where safety
objectives can be achieved. Safety
promotion is essential to create an
organization’s positive safety culture.
Safety culture is characterized by
knowledge and understanding of an
organization’s SMS, effective
1 See ICAO, Safety Management Manual, at 6.5.3
ICAO Doc. 9859–AN/474 (2nd ed. 2009).
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communications, competency in job
responsibilities, ongoing training, and
information sharing. Safety Promotion
elements include training programs,
communication of critical safety issues,
and confidential reporting systems.
National Transportation Safety Board
Recommendations
The National Transportation Safety
Board (NTSB) first recommended safety
management systems for the maritime
industry in 1997. Since then, a number
of NTSB investigations have cited
organizational factors contributing to
accidents and have recommended SMS
as a way to prevent future accidents and
improve safety. The NTSB first offered
an SMS recommendation to the FAA
after its investigation of the October 14,
2004, accident of Pinnacle Airlines
Flight 3701.
Pinnacle Airlines Flight 3701 was on
a repositioning flight between Little
Rock National Airport and MinneapolisSt. Paul International Airport when both
engines flamed out after a pilot-induced
aerodynamic stall. The pilots were
unable to regain control, and the aircraft
crashed in a residential area south of
Jefferson City, Missouri. The NTSB’s
investigation revealed ‘‘the accident was
the result of poorly performing pilots
who intentionally deviated from
standard operating procedures and basic
airmanship.’’ 2 The NTSB further stated
‘‘operators have the responsibility for a
flight crew’s cockpit discipline and
adherence to standard operating
procedures’’ and offered an SMS as a
means to help air carriers ensure safety.3
The NTSB formally recommended the
FAA ‘‘require all 14 CFR part 121
operators establish Safety Management
System programs.’’ 4
Three years after the Pinnacle Airlines
accident, the NTSB investigated the inflight fire, emergency descent, and crash
of a Cessna 310R in Sanford, Florida,
and issued another SMS
recommendation. The NTSB determined
the probable causes of the accident
‘‘were the actions and decisions by
NASCAR’s corporate aviation division’s
management and maintenance
personnel to allow the accident airplane
to be released for flight with a known
and unresolved discrepancy, and the
accident pilots’ decision to operate the
airplane with that known
2 NTSB Accident Report AAR–07/01, ‘‘Crash of
Pinnacle Airlines Flight 3701 Bombardier CL–600–
2B19, N8396A, Jefferson City, Missouri, October 14,
2004,’’ at 53 (Jan. 9, 2007) .
3 Id. at 61.
4 Id. at 75; see also NTSB Safety Recommendation
Letter (Jan. 23, 2007) (NTSB Recommendation A–
07–10).
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discrepancy.’’ 5 As in the Pinnacle
Airlines accident, the NASCAR pilot
and aviation organization failed to
follow standard operating procedures
(SOPs). The NTSB stated ‘‘an effective
SMS program formalizes a company’s
SOPs and establishes methods for
ensuring that those SOPs are
followed.’’ 6 The NTSB recommended
the FAA ‘‘develop a safety alert for
operators encouraging all 14 CFR part
91 business operators to adopt SMS
programs that include sound risk
management practices.’’ 7
While the NTSB has not formally
recommended the FAA require an SMS
for certificated airports, the FAA has
concluded those same organizational
factors apply to all regulated sectors of
the aviation industry. Airports operate
in similar environments as air carriers
and business flight operators where
adherence to standard operating
procedures, proactive identification,
mitigation of hazards and risks, and
effective communications are crucial to
continued operational safety.
Accordingly, certificated airports could
realize similar SMS benefits as an
aircraft operator. The FAA envisions an
SMS would provide an airport with an
added layer of safety to help reduce the
number of near-misses, incidents, and
accidents. An SMS also would ensure
that all levels of airport management
understand safety implications of
airfield operations.
FAA SMS Pilot Studies and Research
Projects
The FAA initiated a number of
collaborative efforts studying SMS
application at U.S. certificated airports.
These efforts included developing
advisory guidance, researching airport
SMS recommended practices, and
conducting airport pilot studies.
Advisory Circulars and Research
Studies
The FAA, on February 28, 2007,
issued Advisory Circular (AC) 150/
5200–37, Introduction to Safety
Management Systems for Airport
Operators. This AC provides an
introduction to SMS and general
guidelines for an airport SMS. While
compliance with this AC is voluntary,
numerous airports have used it in
implementing their SMS.
5 NTSB Accident Report AAR–09/01, ‘‘In-flight
Fire, Emergency Descent and Crash in a Residential
Area Cessna 310R, N501N, Sanford, Florida, July
10, 2007,’’ at iv (Jan. 28, 2009).
6 Id. at 19.
7 Id. at 25; see also NTSB Safety Recommendation
Letter (Feb. 18, 2009) (NTSB Recommendation A–
09–16).
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The Airports Cooperative Research
Program (ACRP) 8 approved two projects
to prepare guidance on airport SMS. In
September 2007, MITRE Corporation
published the first report, SMS for
Airports Volume 1: Overview. This
report describes SMS benefits, ICAO
requirements, and SMS application at
U.S. airports. The second project,
ACRP’s SMS for Airports Volume 2:
Guidebook, was completed in October
2009 and provides practical guidance on
development and implementation of an
airport SMS.
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Pilot Studies
Beginning in April 2007, the FAA
conducted a pilot study to evaluate SMS
development at certificated airports of
varying size and complexity. The study
also compared current part 139
requirements and typical SMS
requirements.
The first round of pilot studies
included over 20 airports. The FAA
later established a second round of pilot
studies on SMS development at smaller
airports with a Class II, III, or IV AOC.9
All participating airports conducted a
gap analysis or benchmark study
examining differences between their
FAA-approved Airport Certification
Manual (ACM), part 139 requirements,
and a typical airport SMS. Using these
results, the participating airports then
developed a separate SMS Manual and
Implementation Plan using AC 150/
5200–37 and the FAA Airport SMS Pilot
Study Participant’s Guide. While pilot
study airports were not required to
implement an SMS, many chose to do
so. As a result of these pilot studies,
participating airports and the FAA made
some key findings.
First, the FAA concluded that
compliance with part 139 is essential to
ensuring a safe and standardized airport
system. However, part 139 compliance
does not by itself sufficiently address
the risk management, assurance,
reporting, safety data management,
communications, or training needs of
modern airports. The FAA further
concluded an SMS can help an airport
achieve performance-based systems
safety.
The gap analyses revealed that aspects
of part 139 can serve as building blocks
for an SMS. For example, at least one
pilot study airport recognized its
existing part 139 compliance program
incorporated some SMS concepts.
Additionally, the majority of
participating airports have an
8 The Transportation Research Board (TRB)
manages ACRP.
9 For definitions of classes of AOCs, see 14 CFR
139.5.
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organizational safety policy statement,
but these statements may be informal or
inadequate or focus on employee rather
than on operational safety. The gap
analysis also uncovered that less formal
safety policies are often not effectively
communicated to employees.
The majority of pilot study airports
indicated an existing organizational
structure to manage safety (such as a
standing safety committee), but there is
rarely one person with overall
responsibility and authority for
operational safety. Several airports
admitted to relatively inactive safety
committees. Second, several airports
indicated they have safety risk
management programs or policies in
place (e.g., part 139 self-inspection
program), but most described their
hazard identification processes as
reactive rather than proactive. These
airports concluded their existing
programs could be improved to meet the
intent of the SMS SRM. While § 139.327
requires an airport to identify hazards or
discrepancies during its self inspection,
this requirement does not realize the
potential of safety management through
identifying and recording all safety
hazards, conducting risk assessments,
and developing mitigation strategies.
Some airports indicated they did not
have adequate accident or incident
reporting procedures. Still others with
reporting procedures indicated the
procedures lacked solid analytical
techniques to identify airport hazards
and uncover underlying safety issues.
Third, almost all pilot study airports
indicated compliance with part 139
through some auditing system.
However, most of these airports also
indicated the audits are not carried out
systematically to determine whether the
airport is meeting safety goals and
objectives. Few certificated airports
indicated formal procedures to
systematically review safety-related
data. All pilot study airports have
record-keeping and retrieval systems in
place, but each indicated room for
improvement. Improved systems would
allow for trend and other data analysis
to proactively identify operational
hazards and potentially prevent future
incidents or accidents.
Finally, almost all pilot study airports
indicated they currently conduct safety
training, but some indicated there is no
organizational approach to safety
training. Several airports indicated their
informal safety communications do not
properly disseminate information (such
as risk management data) throughout
the organization or to other
stakeholders. In general, the airports
acknowledged more formalized training
and communications programs, such as
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those required under Safety Promotion,
would be beneficial.
Benefits
The FAA has determined that an SMS
requirement would improve safety at
part 139 certificated airports. The FAA
reached this conclusion based on
detailed study of ICAO’s Annex 14
requirements, review of NTSB’s
recommendations, and the airport SMS
pilot studies. Airports should realize
benefits from increased communication,
training, and reporting. Some airports
may realize financial benefits through
reduced insurance costs associated with
proactive hazard identification and
safety risk analysis.
A properly functioning airport SMS
would help an airport ensure:
• Individuals are trained on the safety
implications of working on the airside
of the airport;
• Proactive hazard identification and
analysis systems are in place;
• Data analysis, tracking, and
reporting systems are available for trend
analysis and to gain lessons learned;
and
• Timely communication of safety
issues to all stakeholders.
The FAA envisions an airport’s SMS
would uncover previously unknown
hazards and risks, providing an airport
the opportunity to proactively mitigate
risk. Over time, these efforts should
prevent accidents and incidents, thereby
reducing the direct and indirect costs
and risks of airport operations.
Several airports have seen benefits by
voluntarily implementing SMS or
applying SMS principles in their
operations. For example, a large
international airport holding a Class I
AOC reduced insurance costs after
implementing SMS principles. A
smaller domestic airport holding a Class
IV AOC has seen a major improvement
in operational safety after implementing
its SMS.
Discussion of the Proposal
The FAA proposes to require all
certificate holders develop and
implement an SMS for the movement
and non-movement areas of the airport
(i.e., airfield and ramp). The FAA
proposes to add subpart E to part 139,
which would include:
(1) A new § 139.401 that would
require all holders of an AOC to have an
approved airport SMS;
(2) a new § 139.402 that would
prescribe the components of an airport
SMS; and
(3) a new § 139.403 that would
prescribe the implementation
requirements for an airport SMS.
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The proposal also would add to
§ 139.5 the following definitions:
Accountable executive; Airport safety
management system; Hazard; Nonmovement area; Risk; Risk analysis; Risk
mitigation; Safety assurance; Safety
policy; Safety promotion; and Safety
risk management (SRM).
Many of the definitions are from
existing international standards and
FAA guidance materials. These
definitions are applicable to the
following discussion.
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Regulation of the Non-Movement Area
Under this proposal, an airport would
implement its SMS throughout the
airport environment, including the
movement and non-movement areas
(including runways, taxiways, run-up
areas, ramps, apron areas, and onairport fuel farms). The FAA
acknowledges the proposal extends the
scope of part 139 by including the nonmovement areas, but the FAA has
concluded that ensuring safety in air
transportation requires that an SMS
applies to any place that affects safety
during aircraft operations.
Many pilot study airports concluded
it was difficult to apply SMS concepts
to only the movement area because
aircraft and airport airside personnel
routinely flow between movement and
non-movement areas. The airports also
found a large number of safety incidents
occur in the non-movement area and
believe applying SMS to this area may
reduce that number.
The FAA does not intend to require
airports to extend their SMS to the
landside environment such as terminal
areas. Nevertheless, an airport may
voluntarily expand its SMS to all airside
and landside environments.
Flexibility
The FAA envisions an SMS as an
adaptable and scalable system. An
organization can develop an SMS to
meet its unique operating environment.
For those reasons, this proposal would
allow an airport the maximum amount
of flexibility to develop and achieve its
safety goals. Accordingly, the FAA
would prescribe only the general
framework of an SMS.
The FAA learned through the pilot
studies there are circumstances when a
certificate holder may want flexibility in
maintaining SMS documentation. For
example, some airport operators manage
multiple airports (have multiple AOCs),
and some may want to expand SMS
beyond the FAA-regulated areas (such
as for landside or terminal operations.)
In allowing maximum flexibility, a
certificate holder may maintain a
separate SMS Manual in addition to the
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ACM or may maintain SMS
documentation directly in the ACM. If
a certificate holder develops a separate
manual, it would cross-reference the
SMS requirements in its FAA-approved
ACM. Accordingly, the FAA proposes
amending § 139.203 to require the FAAapproved ACM contain the policies and
procedures for development,
implementation, operation, and
maintenance of the certificate holder’s
SMS. The FAA also proposes to amend
§ 139.103 to require two copies of the
SMS manual, or SMS portion of the
ACM, accompany an AOC application.
Minimum Elements of SMS
In a new § 139.402, the FAA would
require each airport SMS include the
four SMS components: Safety Policy,
SRM, Safety Assurance, and Safety
Promotion. These components are
equivalent to ICAO’s SMS pillars. To
support each of these components, the
FAA proposes a certificate holder
implement a number of elements.
Together the components and elements
provide the general framework for an
organization-wide safety management
approach to airport operations. To make
these components and elements
effective, a certificate holder would
develop processes and procedures
appropriate to the airport’s operating
environment. The FAA understands that
a certificate holder could comply with
these requirements through a variety of
means. The FAA intends these proposed
requirements to be scalable to the size
and complexity of the certificate holder.
The FAA invites comments on how the
FAA could clarify or improve the
scalability of this proposal.
The FAA envisions a certificate
holder using an operational SMS to:
• Actively engage airport
management in airfield safety;
• Ensure formal documentation of
hazards and analytical processes are
used to analyze, assess, and mitigate
risks;
• Proactively look for safety issues
through analysis and use of lessons
learned; and
• Train individuals accessing the
airside environment on SMS and
operational safety.
The following details SMS components
and elements as specifically applied to
a part 139 airport certificate holder.
Safety Policy
This proposal would require a
certificate holder to establish a safety
policy that:
• Identifies the accountable
executive;
• Identifies and communicates the
safety organizational structure;
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• Identifies the lines of safety
responsibility and accountability;
• Establishes and maintains a safety
policy statement;
• Ensures the safety policy statement
is available to all employees;
• Establishes and maintains safety
objectives; and
• Establishes and maintains an
acceptable level of safety for the
organization.
This proposal would require an
airport to identify an accountable
executive. The FAA understands that
airport operations and organizational
structures vary widely. Accordingly, the
FAA would not prescribe a particular
job title. Nevertheless, the accountable
executive must be a high-level manager
who can influence safety-related
decisions and has authority to approve
operational decisions and changes
because an effective SMS requires highlevel management involvement in safety
decisionmaking. Accordingly, the FAA
proposes the international standard
definition for an accountable executive
(i.e., requiring the accountable executive
to be an individual with ultimate
responsibility and accountability, full
control of the human and financial
resources required to maintain the SMS,
and final authority over operations and
safety issues).10 The FAA acknowledges
it may be difficult for U.S. airports to
identify an accountable executive
meeting that international standard, but
it believes an acceptable accountable
executive would be the highest
approving authority at the airport for
operational decisions and changes. The
FAA invites comments concerning the
definition of accountable executive for
certificated airports.
Additionally, we would require a
certificate holder to identify its safety
organizational structure and
management responsibility and
accountability for safety issues. The
importance to identifying who in airport
management is responsible for safety
ensures resources are allocated to
balance safety and service. For example,
an airport would identify each manager
accountable for safety and that
manager’s responsibilities under the
airport SMS. Each airport employee
should know who is the contact point
for a particular safety issue. An airport
would decide how managers’ safety
responsibilities and accountabilities are
communicated. It could use an
organizational chart or other means that
identify lines of communication and
decisionmaking. In some organizations,
with multiple departments responsible
10 See ICAO, Safety Management Manual, at 8.4.5
& 8.4.6 ICAO Doc. 9859–AN/474 (2nd ed. 2009).
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for part 139 compliance, an airport may
have multiple line managers responsible
for the safety of different airport areas
(e.g., an operations manager for airfield
operational safety issues or a
maintenance manager for maintenance
safety issues). The safety organizational
structure should allow every employee
to understand how safety issues
progress through the organization. This
safety organizational structure also
would ensure that senior management is
aware of the daily activities of these
departments and has an active role in
airport safety.
Currently, § 139.203 requires
certificated airports to have lines of
succession of airport operator
responsibility. These lines may provide
a foundation for establishing the
airport’s accountable executive and
delineation of responsibility for SMS
functions.
This proposal would require a
certificate holder’s safety policy
statement be included in SMS
documentation. The ‘‘accountable
executive’’ would issue this statement
because management’s commitment to
safety should be expressed formally.
The safety policy statement would
outline the methods and processes used
to achieve desired safety outcomes. The
statement typically would contain the
following:
• A commitment by senior
management to implement SMS;
• A commitment to continual safety
improvement;
• The encouragement for employees
to report safety issues without fear of
reprisal;
• A commitment to provide the
necessary safety resources; and
• A commitment to make safety the
highest priority.
Some airports may be able to adapt a
safety policy statement from existing
policy statements. Others may
supplement existing policies that focus
on occupational safety issues (for
example, the airport strives to have zero
employee injuries). Other airports may
have informal safety objectives that
could be formalized into a safety policy
statement.
Finally, this proposal would require
an airport to establish safety objectives
relevant to its operating environment.
These objectives should improve overall
airport safety. Some examples of safety
objectives may include a reduction in
the amount of Foreign Object Debris
(FOD) related damage, a reduction in
the number of Vehicle/Pedestrian
Deviations (VPDs), timely issuance of
airfield condition Notices to Airmen
(NOTAMs), and continued conformance
with part 139 requirements. Setting
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these objectives and metrics would aid
the airport, stakeholders, and the FAA
in verifying achievement or progress
towards an airport’s improvement of
safety.
Safety Risk Management (SRM)
This proposal would require a
certificate holder to establish an SRM
process to identify hazards and their
associated risks within the airport’s
operations. Under SRM, the airport
would be required to:
• Identify safety hazards;
• Ensure that mitigations are
implemented where appropriate to
maintain an acceptable level of safety;
• Provide for regular assessment of
safety level achieved;
• Aim to make continuous
improvement to the airport’s overall
level of safety; and
• Establish and maintain a process for
formally documenting identified
hazards, their associated analyses, and
management’s acceptance of the
associated risks.
A comprehensive SMS using SRM
would provide management a tool for
identification of hazards and risks and
prioritization of their resolution. While
each certificate holder’s SRM processes
may be unique to the airport’s
operations and organizational structure,
the FAA would require it to incorporate
SRM’s five steps:
(1) Describing the system;
(2) Identifying the hazards;
(3) Analyzing the risk associated with
those hazards;
(4) Assessing the risk associated with
those hazards; and
(5) Mitigating the risk of identified
hazards when necessary.
This proposal would require a
certificate holder to use SRM processes
to analyze risk associated with hazards
discovered during daily operations and
for changes to operations. Changes in
airport operations could introduce new
hazards into the airfield environment,
such as adding new tenants or air
carriers at the airport. These could be
discovered, tracked, and mitigated using
an existing or newly-created hazards
tracking system. However, some system
descriptions set the boundaries for
hazard identification by considering the
operating environment in which
hazards are identified. Operational
changes may overlap with SRM
requirements under the FAA Air Traffic
Organization’s SMS. Examples of these
changes include runway extensions or
the construction of new taxiways. In
these cases, the FAA expects that the
certificate holder would participate in
the FAA’s risk analysis instead of
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performing an independent risk analysis
under its SMS.
The first step of SRM is describing the
system. This step entails describing the
operating environment in which the
hazards will be identified. System
description serves as the boundaries for
hazard identification. For airports,
operational, procedural, conditional, or
physical characteristics are included in
the system description. A system
description could answer the following
questions:
• Are there visual or instrument
meteorological conditions;
• Is it a time of low or high peak
traffic;
• Are there closed or open runways;
or
• Is the airfield under construction or
normal operations?
The second step of SRM identifies
hazards in a systematic way based on
the system described in the first step.
All possible sources of system failure
should be considered. Depending on the
nature and size of the system under
consideration, these should include:
• Equipment (for example,
construction equipment on a movement
surface), the operating environment (for
example, weather conditions, season,
time of day);
• Human factors (for example, shift
work);
• Operational procedures (for
example, staffing levels);
• Maintenance procedures (for
example, nightly movement area
inspections by airport electricians); and
• External services (for example,
ramp traffic by fixed-base operator
(FBO) or law enforcement vehicles).
A certificate holder should implement
hazard identification processes and
procedures that reflect its management
structure and complexity. There are
many ways to accomplish this hazard
identification, but all must use the
following four elements:
(1) Operational expertise;
(2) Training in SMS (and, if possible,
hazard analysis techniques);
(3) A simple, but well-defined, hazard
analysis tool; and
(4) Adequate documentation of the
process.
Many airports already have hazard
identification processes in place to
ensure part 139 compliance. For
example, part 139 currently requires an
airport operator to conduct a daily
inspection, unless otherwise stated in
the FAA-approved ACM.
A certificate holder could use hazard
reports obtained through the airport’s
safety reporting system, which is
detailed later in this discussion. The
airport also would keep track of
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incidents and accidents occurring in the
airport’s movement and non-movement
areas to identify potential operational
hazards. Many airports already track
incidents and accidents in the
movement area.
One of the most important aspects of
hazard identification is systematically
documenting and tracking potential
hazards. This documented data allows
meaningful analysis of operational
safety-related trends on the airfield and
of overall airport system safety.
After identifying hazards, a certificate
holder would complete the third step of
SRM, hazard analysis. For each hazard,
the certificate holder would consider
the worst credible outcome (harm),
which is the most unfavorable
consequence that is realistically
possible, based on the system described.
For the worst credible outcome, the
certificate holder would determine the
likelihood and severity of that outcome
using quantitative or qualitative
methods.
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A certificate holder would define its
levels of likelihood and severity. ICAO
and the FAA have developed sample
definitions and levels of likelihood and
severity for use in categorizing
hazards.11 An example is a five-point
table for severity and likelihood. The
categorization of severity includes
definitions for catastrophic, hazardous,
major, minor, or negligible. The
categorization of likelihood includes
definitions for frequent, occasional,
remote, improbable, and extremely
improbable. A certificate holder should
develop tables commensurate with its
operational needs and complexity. For
example, a less complex airport with
few operations may find it effective to
have fewer levels of gradation. However,
a larger airport with a variety of
operations may require a five-point or
larger table to be most effective. Based
11 See ICAO, Safety Management Manual, at 6.5.3
ICAO Doc. 9859–AN/474 (2nd ed. 2009); see also
FAA Advisory Circular 150/5200–37, Introduction
to Safety Management System for Airport Operators
(Feb. 28, 2007).
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on these definitions, a likelihood and
severity of occurrence is selected for
each hazard.
The fourth step of SRM, risk
assessment, uses the likelihood and
severity assessed in step three, and
compares it to the organization’s
acceptable levels of safety risk.
One of the easiest techniques for
comparison is through the use of a
predictive risk matrix. A predictive risk
matrix (like figure 1) graphically depicts
the various levels of severity and
likelihood as they relate to the levels of
risk (for example, low, medium, or
high). On a typical risk matrix, severity
and likelihood are placed on opposing
axes (i.e., x- and y-axis on a grid). For
example, a higher severity would be
plotted further to the right on the x-axis,
and a higher likelihood would be
plotted further up the y-axis. The
severity and likelihood assessed during
the third step of SRM can then be
plotted on the risk matrix grid for each
of the hazards assessed.
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The other feature of a predictive risk
matrix is its depiction of the certificate
holder’s acceptable level of safety risk,
in other words the highest level of safety
risk it will accept in its operational
environment. Typically, the risk matrix
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depicts three levels of risk: low,
medium, and high. A high risk generally
would be unacceptable. A medium risk
may be acceptable provided mitigations
are in place and verified before
operations can continue. A low risk may
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be acceptable without additional
mitigation.
When a hazard’s likelihood and
severity are plotted on the risk matrix,
the certificate holder can see whether
the hazard’s safety risk is acceptable to
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the organization. Generally, as the
likelihood and severity increase, the risk
increases. Each certificate holder would
determine its acceptable level of risk
and other levels of risk when
establishing its predictive risk matrix.
For example, a hazard with an assessed
likelihood of frequent and severity of
catastrophic usually would be plotted in
the high risk portion of the matrix. A
hazard with an assessed likelihood of
extremely improbable and assessed
severity of minor usually would be
plotted in the low risk portion of the
matrix. These levels of risk would be
based on the certificate holder’s
acceptable level of risk and may vary
from airport to airport.
Under the fourth step of SRM, a
certificate holder would plot the
likelihood and severity of each hazard
assessed during the third step on its
predictive risk matrix. The certificate
holder would see the level of risk for
each hazard and could determine
whether that level of risk is acceptable.
The certificate holder would use this
information to determine whether it
must mitigate those risks. Ultimately,
the certificate holder would formally
accept the risk or approve the mitigation
plan as required by its SMS.
In the final step of SRM, mitigation of
risk, the certificate holder would take
steps to reduce the risk of the hazard to
an acceptable level for any hazard
determined in the fourth step to present
an unacceptable risk. These efforts may
include removing the hazard or
implementing alternative strategies to
reduce the hazard’s risks. Additionally,
a certificate holder could mitigate the
risk of a hazard if that risk is acceptable
but could be reduced with mitigation. If
a hazard has no associated risk or a low
risk, an airport may not have to proceed
with this step of SRM for the hazard.
If step five is required, the certificate
holder would monitor the mitigations
put in place to ensure that they actually
decrease the level of risk to an
acceptable level. A certificate holder
could use the hazard reporting system,
which is discussed later, to track
identified hazards and their mitigations
deployed under SRM.
Under an SMS, a certificate holder
would document each of the SRM steps
including the identified hazards, the
risk analysis and assessment, any
proposed mitigations, and
management’s acceptance of risk. These
records can be kept either electronically
or in paper-format. This documentation
ensures safety-related decisions are
consistent with safety policies and goals
and provides historical information that
can be used to make future safetyrelated decisions.
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This proposal would require a
certificate holder to retain these
documents and records for the longer of
either 36 consecutive calendar months
after the risk analysis of identified
hazards or 12 consecutive calendar
months after implementing mitigation
measures. The timelines associated with
the retention of those documents ensure
they are kept for a time period that
provides the airport historical data to
conduct meaningful analysis under
SRM, to review during Safety Assurance
activities, and for the FAA to review for
compliance during inspections. These
record retention requirements are
consistent with other retention
requirements under part 139. While
these are minimum retention
requirements, certificate holders may
retain their documents for longer time
periods.
A Practical Example of SRM
The airport in this example has one
runway and conducts daily selfinspections according to its FAAapproved ACM. An operations agent
conducting the airport’s daily selfinspection finds foreign object debris
(FOD) of substantial size and weight at
a taxiway-runway intersection adjacent
to an uncontrolled ramp. The operations
agent removes the FOD and notes it on
the inspection checklist. During a
routine review of airport inspections,
the operations manager notices that
FOD has been collected at this same
taxiway-runway intersection during
multiple inspections. Under the
airport’s SRM process, such an event
and trend triggers a formal SRM
analysis.
The operations manager, who has
sufficient training and understands the
airport’s SMS and operating
environment, conducts the analysis.
Using SRM documentation procedures
and templates, the manager carefully
describes the system. At this particular
airport, the airport is approved for lowvisibility operations which occur
twenty-five percent of the calendar year.
The manager then identifies all
hazards associated with the FOD. The
manager identifies FOD damage to
aircraft and/or ingestion into aircraft
engines as potential hazards based on
the system description.
The manager considers the worst
credible outcome of FOD damage and
FOD ingestion into aircraft engines
based on the location of the FOD in the
airport environment. Using the selfinspection records, the manager
discerns the FOD usually is found closer
to the runway than to the taxiway and
in some instances on the runway
between the centerline and edge lines.
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Additionally, the weight and location of
the FOD could present a danger to
aircraft traversing the runway or
taxiway. The manager determines that
the worst credible outcome could result
in loss of control of the aircraft, an
aborted take-off, and/or an aircraft
accident.
Using the likelihood and severity
definitions provided as part of the
airport’s SMS, the manager’s knowledge
of the airport environment, and outside
resources (such as industry research or
other documents with relevant
quantitative statistical analysis), the
manager assesses the likelihood and
severity of the hazard. In this case, the
manager determines the severity of such
a hazard could be catastrophic (such as
an aircraft accident with fatalities or
serious injuries), and the likelihood is
improbable. Referring to the airport’s
risk matrix, the manager plots the
assessed likelihood and severity, and
the hazard falls within the high risk
portion of the matrix. According to the
airport’s SMS, the manager must take
some sort of action to mitigate the
occurrence of FOD in this taxiwayrunway intersection.
The operations manager has identified
numerous risk mitigation strategies. The
manager could increase the number of
targeted inspections for the area. The
manager could conduct further analysis
to determine the root-cause of the FOD,
which could result from a lack of
training, improper maintenance, or
other factors that may be mitigated over
time. The manager also could
communicate with tenants who operate
in the area to warn them of the FOD
hazard.
In this case, the manager chooses all
three mitigation strategies with targeted
inspections implemented immediately.
Over time, the manager will investigate
root cause, will update the airport’s
FOD prevention training, and will
communicate the FOD hazard to
tenants.
The manager completes the five SRM
steps and documents the processes and
determinations on the appropriate
templates following the airport’s SRM
guidelines. Finally, the manager adds an
entry to the hazard reporting system to
follow up in two weeks to review the
self-inspection and targeted inspection
reports to verify whether mitigations are
working.
Safety Assurance
This proposal would require a
certificate holder to ensure safety risk
mitigations developed through the
airport’s SRM process are adequate, and
the airport’s SMS is functioning
effectively. The key outcome of safety
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assurance is continuous improvement of
the airport’s operational safety. The
proposal would require the certificate
holder to:
• Develop and implement a means for
monitoring safety performance;
• Establish and maintain a hazard
reporting system that provides a means
for reporter confidentiality; and
• Develop and implement a process
for reporting pertinent safety
information and data to the accountable
executive on a regular basis.
Safety performance monitoring and
measurement is one way an
organization can verify its SMS’s
effectiveness. ICAO also offers a variety
of safety performance monitoring and
measurement methods including hazard
reports, safety studies, safety reviews,
audits, safety surveys, and internal
safety investigations.12 While some
certificate holders may not find added
value in implementing or using all of
these information sources, a certificate
holder may benefit from using an
internal audit or assessment to monitor
performance. Documents created under
the airport’s SMS should be reviewed
periodically to verify whether the
airport’s SMS processes and procedures
are being followed, whether trends exist
that have not been identified, and
whether SRM mitigations are being
implemented and are effective. The
certificate holder would determine
whether this review is completed by
airport personnel or by a third party.
The proposal also would require a
certificate holder to establish and
maintain a hazard reporting system. A
certificate holder’s SRM processes and
hazard identification procedures likely
would not catch all potential airfield
hazards. Some hazards may be
identified by other employees, airfield
tenants, or pilots. Therefore, an airport’s
SRM would include a system for hazard
reporting. A certificate holder may
develop the best system for its operating
environment, whether a call-in line, a
web-based system, or a drop box. The
certificate holder would train all
employees on the existence of the
system and how a report flows through
the system to management.
The FAA proposes that airports
develop a confidential hazard reporting
system. ICAO’s SMS model envisions a
non-punitive reporting system. Based on
information obtained during the pilot
studies, a U.S. airport may be unable to
prevent punishment of non-airport
employees (for example, tenant
employees). Therefore, the FAA has
concluded that requiring a confidential
12 See ICAO, Safety Management Manual, at 9.6.4
ICAO Doc. 9859–AN/474 (2nd ed. 2009).
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hazard reporting system will protect the
reporter’s identity and achieve the goal
of protection from reprisal.
For some airports, the required data
tracking, data reporting, and assessment
programs already exist in other formats.
Many airports have functional
occupational safety programs in place
with reporting, inspection, and training
requirements. An airport can use these
programs to build its operational SMS.
The FAA envisions an airport using
safety assurance to enhance the airport’s
ability to spot trends and identify safety
issues before they result in a near-miss,
incident, or accident. An example of
safety assurance may involve the
performance of the airport in reducing
the number of runway incursions.
Effective safety assurance processes
would require review and investigation
of previous incidents and accidents as
well as analysis of current policies,
procedures, training, and equipment for
potential weaknesses. In addition, the
safety assurance process would review
the efficacy of previously implemented
safety strategies to ensure they are
functioning as predicted and have not
introduced any new systemic risks.
Safety assurance also prescribes data
collection and analytical methods that
help a certificate holder transition from
a reactive approach to a more predictive
approach to aviation safety. In this
example, failure analysis can be used to
anticipate future failures before they
occur. Therefore, Safety Assurance
provides management tools and data to
ensure that the SMS is properly
functioning and that mitigations
developed through SRM processes are
having their intended effect.
Safety Promotion
This proposal would require a
certificate holder to establish processes
and procedures to foster a safety culture.
These processes and procedures include
providing formal safety training to all
employees with access to the airfield,
and developing and maintaining formal
means for communicating important
safety information.
As previously stated, part 139
currently prescribes numerous training
and communications requirements that
can be used in developing an SMS.
Under an SMS, these requirements
would be enhanced and extended to
more individuals operating on the
airport because everyone has a role in
promoting safety. For example, instead
of training just those airport employees
on part 139 technical requirements
(such as airfield driver training), an
airport would ensure that all employees
with access to the movement and nonmovement areas receive training on
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operational safety and on the airport’s
SMS.
The FAA proposes the SMS training
requirement would apply to airport
employees based on information
obtained during the pilot studies.
However, the FAA believes greater
benefits may be achieved if that training
requirement were applied to all
individuals with access to the
movement and non-movement areas,
and it is considering that broader SMS
training requirement. The FAA invites
comments concerning the practical and
economic implications of applying the
training requirements to all individuals
accessing the movement and nonmovement area.
The FAA also believes that through
the safety promotion component of
SMS, an airport’s management will
promote the growth of a positive safety
culture through:
• Publication of senior management’s
stated commitment to safety to all
employees;
• Visible demonstration of
management’s commitment to the SMS;
• Communication of the safety
responsibilities for the airport’s
personnel specific to their function
within the airport;
• Clear and regular communication of
safety policy, goals, objectives,
standards, and performance to all
employees of the organization;
• A confidential and effective
employee reporting and feedback
system;
• Use of a safety information system
that provides an accessible efficient
means to retrieve information; and
• Allocation of resources essential to
implement and maintain the SMS.
An airport could demonstrate its
commitment to safety promotion in
several ways. An airport could allocate
sufficient resources for the initial and
recurrent training of its staff. Likewise,
an airport could communicate the
results of risk analysis and mitigations
for reported hazards. Any training
records created as part of the certificate
holder’s safety promotion processes and
procedures would be retained and
available for inspection for 24
consecutive calendar months. This
retention period is consistent with that
for other training records under existing
§ 139.301. The FAA proposes that any
other communications created as part of
safety promotion would be retained for
12 consecutive calendar months.
As previously discussed, the FAA
recognizes that certificate holders may
have systems and processes in place
that partially meet the proposed SMS
requirements. The FAA believes these
systems and processes can easily be
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incorporated into an SMS and does not
intend duplicative burdens. The FAA
requests comments on systems and
processes currently in use that would
not be compatible with the proposed
requirements. The FAA also requests
comments specifically identifying how
the FAA could clarify or improve the
incorporation of existing systems and
processes into an SMS.
Proposed Implementation Plan
Requirements
The FAA proposes to require all
certificate holders and applicants for an
AOC to submit an implementation plan
that accurately describes how the
airport will meet the requirements of
Subpart E and provides timeframes for
implementing the various SMS
components and elements within the
airport’s organization and operations.
While the FAA is not requiring an
airport to conduct a gap analysis before
implementing an SMS, this
implementation plan would require a
certificate holder to proactively review
its current organizational framework
and determine how it conforms to
airport SMS requirements. This
proposal also would require a certificate
holder to establish target dates for
meeting the requirements of Subpart E
well before compliance with Subpart E
would be required. Further, the
implementation plan must determine an
overall SMS implementation timeline as
well as dates for completion of updates
to the ACM and, where applicable, the
SMS Manual.
The proposal takes a two-pronged
approach to implementation based on
the scale of operations at the certificated
airport and provides ample time for
airports to conform to the SMS
requirement. The FAA learned during
the first pilot study that many larger
airports were able to complete their gap
analysis and develop the SMS Manual
and Implementation Plan within six
months. However, during the second
pilot study with smaller certificated
airports, many airports were not able to
successfully complete their gap analysis
and manual within that timeframe.
Based on this experience, the FAA has
determined that six months is adequate
time for Class I airports to develop a
plan of how the airport will develop and
implement an SMS. Similarly, the FAA
has determined that nine months is
adequate time for Class II, III, and IV
airports to develop an implementation
plan. These implementation plans
should detail the steps the airport will
take to develop an SMS taking into
account the unique operating
environment of the airport. Based on
projections from the pilot study airports,
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the FAA has determined that the
implementation process should be
completed within 18 months for a Class
I airport and within 24 months for a
Class II, III, and IV airport.
Based on findings from the pilot
study, the FAA has determined that all
components of an SMS are interrelated
and must be implemented at the same
time for an SMS to be effective. The
FAA requests comments on the
proposed implementation requirements
and timeframes. If you believe the FAA
should adopt a phased-in approach for
the SMS components, please provide
specific recommendations for how the
requirements could be phased in and
analysis of the effect on implementation
costs and corresponding postponement
of safety benefits.
The FAA also proposes to remove
paragraph (c) of § 139.101 because the
implementation schedule for submitting
a new Airport Certification Manual
(ACM) under that section is no longer
applicable.
Further, the FAA intends to publish
any accompanying Advisory Circulars
prior to the final rule and widely
communicate the requirements to
airports through the various industry
organizations and FAA airport
conferences.
FAA’s Role and Oversight
An SMS is not a substitute for
compliance with FAA regulations or
FAA oversight activities. Rather, an
SMS would ensure compliance with
safety-related statutory and regulatory
requirements. An SMS enhances the
FAA’s ability to understand the safety of
airport operations throughout the year,
and not just when an FAA inspector is
physically on the airfield.
During an airport’s periodic
inspection, the FAA envisions an
inspector reviewing the certificate
holder’s ACM to ensure that the SMS
requirements are clearly identified and
detailed in the ACM or referenced SMS
Manual. The inspector would verify
through airport records, interviews, and
other means that the SMS is being
communicated, training is being
provided, and senior management is
actively engaged in the management and
oversight of the SMS. The FAA intends
this review as an evaluation of whether
a certificate holder’s SMS is functioning
as it is intended to function rather than
as a means for us to second guess a
certificate holder’s decisions. However,
if during the course of an inspection,
these processes are determined to have
failed in discovering discrepancies with
part 139 or have created new
discrepancies, the FAA would take
appropriate action to ensure the airport
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corrects these non-compliant
conditions.
The following examples detail
possible inspector activity, but this
proposal does not limit any FAA
inspection authority. An FAA inspector
may review safety meeting minutes and
sign-in sheets to verify whether
members of the airport’s management
team are regularly attending.
Additionally, an FAA inspector may
request to see SRM documentation to
determine whether acceptance of a
given risk is being performed by the
appropriate level of management. An
inspector may also verify whether
mitigations are being implemented,
which is a clear indicator of the
effectiveness of the airport’s SRM and
safety assurance components. As for
verification of safety promotion, the
inspector may review training records,
training curricula, and the methods of
communicating critical safety
information throughout the airport
organization and to key stakeholders.
If a certificate holder decided to
extend the umbrella of its SMS to
landside operations beyond the scope of
this proposal, the FAA’s oversight and
inspection authority would extend only
to those areas envisioned by this
proposal.
The FAA has determined that an SMS
is a valuable set of tools for improving
safety at airports. However, an SMS
does not replace part 139 requirements.
An SMS would serve as an
enhancement to those technical
standards already required under part
139, and the FAA will continue to
inspect according to part 139 standards.
Additionally, the FAA will promulgate
prescriptive regulations as appropriate.
Safety management systems for the
aviation industry are still developing.
However, the FAA believes now is the
time to begin developing and
implementing SMS requirements
because of their benefits to aviation
safety. The FAA recognizes that future
rulemaking may be required to capture
safety developments, connect to related
regulations, and avoid duplication of
SMS requirements for various industry
sectors.
The FAA is considering rulemaking
that would establish SMS requirements
for other segments of the aviation
industry. The FAA requests comments
on the interaction between this
proposed rule and potential future
rulemakings. The FAA also requests
comments on which portions of this
proposed rule should be adopted for any
potential SMS requirements. Finally,
the FAA requests comments on whether
there are other issues or principles not
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Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules
included in this proposal that the FAA
should consider in issuing a final rule.
Rulemaking Analyses and Notices
Paperwork Reduction Act
This proposal contains a revision of a
currently approved collection of
information (OMB–2120–0675) subject
to review by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)). The title, description, and
number of respondents, frequency of the
collection, and estimate of the annual
total reporting and recordkeeping
burden are shown below.
Title: Safety Management System for
Certificated Airports.
Summary: The FAA proposes to
revise current part 139 to require
certificated airports to establish a safety
management system (SMS). An SMS is
a formalized approach to managing
safety that includes an organizationwide safety policy, formal methods of
identifying potential hazards, formal
methods for analyzing and mitigating
potential hazards, and an organizationwide emphasis on promoting a safety
culture.
Use of: Each airport would be able to
develop its SMS based on its own
unique operating environment. Because
airport management can tailor its
system, the FAA expects an SMS
comprised of four key components:
Safety Policy, Safety Risk Management,
Safety Assurance, and Safety Promotion.
An airport would establish and
maintain records that document Safety
Risk Management processes; report
pertinent safety information and data on
a regular basis; record training by each
individual that includes, at a minimum,
a description and date of training
received; and, set forth an
implementation plan.
The following information lists
estimated initial and annual hours
respondents would need to comply with
the proposed part 139 SMS reporting
and recordkeeping and cost
requirements:
Proposed part 139
section
Description
Initial burden
hours
Annual burden
hours
139.203 .....................
139.301 .....................
Airport Safety Management Documentation and Implementation Plan ...........................
Records: to include the hazard reporting system, the records database, training
records, promotional material.
784,552
........................
........................
21,847
562 currently certificated airports ×
1,396 hours per airport to document an
airport’s SMS and implementation plan
= 784,552 total hours.
Record Keeping (Annual)
5 minutes to update training records
per employee × 72,800 estimated
employees for all 562 airports = 6,067
hours per year,
30 minutes to record a potential
hazard × an estimated 1 potential hazard
per week = 13,676 hours per year.
1 hour to create promotional material
per airport: promotional material
estimated to be distributed quarterly =
4 hours × 562 airports = 2,104 hours per
year.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
6, 067 hours (update training records)
13,676 hours (record potential hazards)
+ 2,104 hours (create promotional material)
21,847 hours per year.
Estimated total initial SMS cost
burden: $10,983,728.
Estimated total SMS document
burden: 784,552 hrs.
Clerical Labor (784,552 hrs. × $14 per
hr).
Total Labor Costs: $10,983,728.
Estimated total annual recordkeeping
cost burden: $305,858.
Estimated total annual recordkeeping
burden: 21,847 hrs.
Clerical Labor (21,847 hrs. × $14 per
hr).
Total Labor Costs: $305,858.
Individuals and organizations may
submit comments on the information
collection requirement by January 5,
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2011, to the address listed in the
section of this document.
ADDRESSES
International Compatibility
In keeping with the U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has reviewed the corresponding ICAO
Standards and Recommended Practices
and has identified no differences with
these proposed regulations.
Regulatory Evaluation, Regulatory
Flexibility Determination, International
Trade Impact Assessment, and
Unfunded Mandates Assessment
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 directs that
each Federal agency shall propose or
adopt a regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Pub. L. 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, this Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
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104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more annually (adjusted
for inflation with base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this proposed rule.
We suggest readers seeking greater
detail read the full regulatory
evaluation, a copy of which we have
placed in the docket for this rulemaking.
In conducting these analyses, FAA
has determined that this proposed rule:
(1) Has benefits that justify its costs; (2)
is an not an economically ‘‘significant
regulatory action’’ but is a ‘‘significant
regulatory action’’ for other reasons as
defined in section 3(f) of Executive
Order 12866; (3) is ‘‘significant’’ as
defined in DOT’s Regulatory Policies
and Procedures; (4) would not have a
significant economic impact on a
substantial number of small entities; (5)
would not create unnecessary obstacles
to the foreign commerce of the United
States; and (6) would not impose an
unfunded mandate on state, local, or
tribal governments, or on the private
sector by exceeding the threshold
identified above. These analyses are
summarized below.
Total Benefits and Costs of This Rule
This notice of proposed rulemaking
would require certificated airports to
establish a safety management system
(SMS). An SMS is a formalized
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approach to managing safety, which
includes an organization-wide safety
policy, formal methods of identifying
potential hazards, formal methods for
analyzing and mitigating potential
hazards, and an organization-wide
emphasis on promoting a safety culture.
An SMS for airports is comprised of
four key components: Safety Policy,
Safety Risk Management (SRM), Safety
Assurance, and Safety Promotion. These
components would help airports
effectively integrate the formal risk
control procedures into normal
operational practices thus improving
safety at airports throughout the United
States air transportation system that
host air carrier operations.
The estimated cost of this proposed
rule is $ 248 million ($172 million in
present value) with potential estimated
benefits ranging from $ $170,341,000
($104,498,600 present value) up to
$255,512,000 ($161,441,600 present
value). Accounting for the funded
survey sample bias, scalability of SMS
and qualitative benefits, the FAA
expects that overall the proposed rule
would have benefits greater than costs.
Who is potentially affected by this rule?
• Part 139 Certificated Airports.
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Assumptions
• All costs and benefits are presented
in 2009 dollars.
• All costs and benefits are estimated
over a 10-year period from 2012 through
2021.
• The present value discount rate of
7 percent is applied as required by the
Office of Management and Budget.
Benefits of This Rule
The objective of SMS is to proactively
manage safety, to identify potential
hazards or risks and implement
measures to mitigate those risks. In that
respect, the FAA envisions airports
being able to use all of the components
of SMS to enhance the airport’s ability
to spot trends, and identify safety issues
before they result in a near-miss,
incident, or accident. Over the 10-year
period of analysis, the potential benefits
of potentially averted accidents range
from $170 to $256 million.
The FAA also suspects that there are
many benefits of SMS, which were
unable to be quantified. For example,
one of the smaller pilot study airports
used their Safety Risk Management
(SRM), or formal process, to identify
and manage a hazard. The airport
identified that loosely controlled
passenger traffic was accessing the ramp
area. Although, no passenger to date had
been injured on the ramp, the airport
had experienced ‘‘close-calls’’. In
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completing their hazard and risk
analysis, the airport determined that the
lack of current control presented an
unacceptable high risk for the
organization. The airport immediately
took action to identify feasible
mitigation strategies including
dedicated passenger walkways,
notification of passengers on airport
procedures prior to ramp access, and
tasking of additional staff to ramp areas
for increased control and oversight of
passenger traffic during peakoperations. Moreover, the FAA believes
that the benefits of SMS, over the 10year period of analysis, are much greater
than what is currently quantified.
Costs of This Rule
The rule if enacted would require
certificated U.S. airports to establish a
safety management system (SMS) based
on the four components: Safety Policy,
Safety Risk Management (SRM), Safety
Assurance, and Safety Promotion. These
components include costs to document
an airport’s SMS and implementation
plan, new staff, new equipment and
materials, and training. The costs vary
based on the size of the airport. In total
this proposed rule is estimated to cost
airports $248 million over 10 years.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation. To achieve this principle,
agencies are required to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration.’’ The RFA
covers a wide-range of small entities,
including small businesses, not-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA. However, if an agency determines
that a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
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62019
factual basis for this determination, and
the reasoning should be clear.
The proposed rule will affect all part
139 airports. Under this rule airports
would be required to establish a safety
management system to proactively
manage safety at the airport. A
substantial number of part 139 airports
will meet the Small Business
Administration definition of a small
entity, which includes small
governmental jurisdictions as
governments of cities, counties, towns,
townships, villages, school districts, or
special districts with populations of less
than 50,000. The requirements of the
rule are scalable by airport. They have
the ability to choose low cost options.
Moreover, many smaller airports expect
little to no added cost, given the size of
their operations. These airports have
fewer operations and employees which
are associated with a lower number of
reportable incidents, and with fewer
incidents these airports can choose
inexpensive options. Options, such as
an EXCEL or ACCESS for data tracking,
a suggestion box for the hazard
reporting system, and easy to create
memorabilia for promotional material
are compliance examples reported by
many of these airports. The cost of these
items is minimal at roughly $300 per
airport. Small airports also have the
option of hiring new staff, but the FAA
expects that given the size of these
airports no additional staff will be
needed to meet the requirements of this
rule. Thus while there are a substantial
number of small entities, the rule would
not create a significant economic impact
to these airports.
Therefore, the FAA certifies this
proposed rule, if promulgated, would
not have a significant impact on a
substantial number of small entities.
The FAA solicits comments regarding
this determination. Specifically, the
FAA requests comments on whether the
proposed rule creates any specific
compliance costs unique to small
entities. Please provide detailed
economic analysis to support any cost
claims. The FAA also invites comments
regarding other small entity concerns
with respect to the proposed rule.
International Trade Impact Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
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the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such the
protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this proposed rule
and determined that it will have only a
domestic impact and therefore would
not create unnecessary obstacles to the
foreign commerce of the United States.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more (in
1995 dollars) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of
$143.1 million in lieu of $100 million.
This proposed rule does not contain
such a mandate; therefore, the
requirements of Title II of the Act do not
apply.
Executive Order 13132, Federalism
The FAA has analyzed the proposal
under the principles and criteria of
Executive Order 13132, Federalism.
Most airports subject to this proposal
are owned, operated, or regulated by a
local government body (such as a city or
council government), which, in turn, is
incorporated by or as part of a State.
Some airports are operated directly by a
State. This proposal would have low
costs of compliance compared with the
resources available to airports, and it
would not alter the relationship
between certificate holders and the FAA
as established by law.
Accordingly, the FAA has determined
that this action would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, the
FAA has determined that this
rulemaking does not have federalism
implications. The FAA will mail a copy
of the NPRM to each state government
specifically inviting comment.
Environmental Analysis
FAA Order 1050.1E defines FAA
actions that are categorically excluded
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from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act (NEPA) in the
absence of extraordinary circumstances.
The FAA has determined this proposed
rulemaking action qualifies for the
categorical exclusion identified in
Chapter 3, paragraph 312d and involves
no extraordinary circumstances.
Regulations That Significantly Affect
Energy Supply, Distribution, or Use
The FAA has analyzed this NPRM
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We
have determined that it is not a
‘‘significant energy action’’ under the
executive order because it is not likely
to have a significant adverse effect on
the supply, distribution, or use of
energy.
Additional Information
Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. We also invite comments relating
to the economic, environmental, energy,
or federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
please send only one copy of written
comments, or if you are filing comments
electronically, please submit your
comments only one time.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
Before acting on this proposal, we will
consider all comments we receive on or
before the closing date for comments.
We will consider comments filed after
the comment period has closed if it is
possible to do so without incurring
expense or delay. We may change this
proposal in light of the comments we
receive.
Throughout the proposal discussion,
the FAA specifically identifies specific
issues related to SMS and guiding
principles associated with SMS on
which it seeks specific comment. These
specific questions are enumerated here
to facilitate comment. Please include the
question number in your responses to
the following questions:
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Sfmt 4702
1. Are there interactions between this
proposal and potential future
rulemakings involving SMS issues? To
what extent should the proposal here
take into account the possibility of
future rulemakings on similar topics?
Would it be better to wait for experience
under any final rule in this proceeding
before judging whether it can or should
serve as a precedent for any other SMS
requirements?
2. Are there other principles that the
FAA should consider in crafting a final
rule on airport SMS that are not
embodied in this proposal?
3. To what extent will the regulatory
burdens proposed by the proposed rule
flow through to persons or businesses
other than the ones included in the
economic analysis? If such flow-through
exists, will it increase total societal
costs, and if so, by how much? If costs
do flow through to others, are costs
correspondingly reduced to persons
‘‘upstream’’? Please provide detailed
economic analysis to support any claims
of increased costs or cost-offsets, rather
than mere assertions.
4. The FAA intends for this and any
future SMS rules to be fully scalable,
based on the size and complexity of the
organization implementing SMS. Do
commenters have suggestions for how
the FAA could clarify or improve the
scalability of this proposal? Please
provide detailed suggestions to expand
implementation flexibility within the
proposal.
5. Would the cost-effectiveness of the
rule be improved if the requirements are
phased in? Which specific provisions
should be phased in? Please provide
specific recommendations for a phase-in
period, including analysis of the effect
on costs to industry and the
corresponding postponement of safety
benefits.
6. What should the FAA specifically
consider when defining ‘‘accountable
executive’’ to adequately address the
unique operating environment of
certificated airports?
7. Should the FAA consider
expanding the SMS training
requirements to all individuals (rather
than just airport employees) accessing
the movement and non-movement
areas? What are the specific practical
and economic implications of such a
requirement?
Proprietary or Confidential Business
Information
Do not file in the docket information
that you consider to be proprietary or
confidential business information. Send
or deliver this information directly to
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
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document. You must mark the
information that you consider
proprietary or confidential. If you send
the information on a disk or CD–ROM,
mark the outside of the disk or CD–ROM
and also identify electronically within
the disk or CD–ROM the specific
information that is proprietary or
confidential.
Under 14 CFR 11.35(b), when we are
aware of proprietary information filed
with a comment, we do not place it in
the docket. We hold it in a separate file
to which the public does not have
access, and we place a note in the
docket that we have received it. If we
receive a request to examine or copy
this information, we treat it as any other
request under the Freedom of
Information Act (5 U.S.C. 552). We
process such a request under the DOT
procedures found in 49 CFR part 7.
Availability of Rulemaking Documents
You can get an electronic copy using
the Internet by—
(1) Searching the Federal
eRulemaking Portal (https://
www.regulations.gov);
(2) Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing
Office’s Web page at https://
www.gpoaccess.gov/fr/.
You can also get a copy by sending a
request to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue,
SW., Washington, DC 20591, or by
calling (202) 267–9680. Make sure to
identify the docket number or notice
number of this rulemaking.
You may access all documents the
FAA considered in developing this
proposed rule, including economic
analyses and technical reports, from the
internet through the Federal
eRulemaking Portal referenced in
paragraph (1).
List of Subjects in 14 CFR Part 139
Air carriers, Airports, Aviation safety,
Reporting and recordkeeping
requirements.
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The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend chapter I of Title 14,
Code of Federal Regulations as follows:
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62021
or harm. Risk analysis can be either a
quantitative or qualitative analysis;
however, the inability to quantify or the
1. The authority citation for part 139
lack of historical data on a particular
continues to read as follows:
hazard does not preclude the need for
Authority: 49 U.S.C. 106(g), 40113, 44701– analysis.
44702, 44709, 44719.
Risk mitigation means any action
taken to reduce the risk of a hazard’s
2. Amend § 139.5 by adding the
effect.
definitions of Accountable executive,
Airport Safety Management System
*
*
*
*
*
(SMS), Hazard, Non-movement area,
Safety assurance means the process
Risk, Risk analysis, Risk mitigation,
management functions that evaluate the
Safety assurance, Safety policy, Safety
continued effectiveness of implemented
promotion, and Safety risk management risk mitigation strategies; support the
in alphabetical order to read as follows:
identification of new hazards; and
function to systematically provide
§ 139.5 Definitions.
confidence that an organization meets or
Accountable executive means a single, exceeds its safety objectives through
identifiable person who, irrespective of
continuous improvement.
other functions, has ultimate
Safety policy means the statement and
responsibility and accountability, on
documentation adopted by a certificate
behalf of the certificate holder, for the
holder defining its commitment to
implementation and maintenance of the
safety and overall safety vision.
Airport Safety Management System. The
Safety promotion means the
Accountable Executive has full control
combination of safety culture, training,
of the human and financial resources
required to implement and maintain the and communication activities that
Airport Safety Management System. The support the implementation and
operation of an SMS.
Accountable Executive has final
Safety risk management means a
authority over operations conducted
under the Airport’s Operating Certificate formal process within an SMS
and has final responsibility for all safety composed of describing the system,
identifying the hazards, analyzing,
issues.
assessing, and mitigating the risk.
*
*
*
*
*
*
*
*
*
*
Airport Safety Management System
(SMS) means an integrated collection of § 139.101 [Amended]
processes and procedures that ensures a
3. Amend § 139.101 by removing
formalized and proactive approach to
paragraph (c).
system safety through risk management.
4. Amend § 139.103 by revising
*
*
*
*
*
paragraph (b) to read as follows:
Hazard means any existing or
potential condition that can lead to
§ 139.103 Application for certificate.
injury, illness, death, or damage to or
*
*
*
*
*
loss of a system, equipment, or property.
(b) Submit with the application, two
*
*
*
*
*
copies of an Airport Certification
Non-movement area means the area,
Manual, Safety Management System
other than that described as the
Implementation Plan (as required by
movement area, used for the loading,
§ 139.103(b)), and Safety Management
unloading, parking, and movement of
System Manual (where applicable)
aircraft on the airside of the airport
prepared in accordance with subparts C
(including without limitation ramps,
and E of this part.
apron areas, and on-airport fuel farms).
5. Amend § 139.203 by redesignating
*
*
*
*
*
paragraph (b)(29) as (b)(30) and adding
Risk means the composite of
a new paragraph (b)(29) to read as
predicted severity and likelihood of the
follows:
worst credible outcome (harm) of a
§ 139.203 Contents of Airport Certification
hazard.
Manual.
Risk analysis means the process
*
*
*
*
whereby a hazard is characterized for its *
likelihood and the severity of its effect
(b) * * *
PART 139—CERTIFICATION OF
AIRPORTS
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REQUIRED AIRPORT CERTIFICATION MANUAL ELEMENTS
Airport certificate class
Manual elements
Class I
*
*
*
*
*
29. Policies and procedures for the development, implementation, operation, and maintenance of the Airport’s Safety Management System, as required under subpart E of this
part ........................................................................................................................................
*
*
*
6. Amend § 139.301 by revising
paragraph (b)(1) and adding new
paragraphs (b)(9) and (b)(10) to read as
follows:
§ 139.301
Records.
*
*
*
*
*
(b) * * *
(1) Personnel training. Twenty-four
consecutive calendar months for
personnel training records, as required
under §§ 139.303, 139.327, and 139.402.
*
*
*
*
*
(9) Safety risk management
documentation. Thirty-six consecutive
calendar months or twelve consecutive
calendar months, as required under
§ 139.402(b).
(10) Safety communications. Twelve
consecutive calendar months for safety
communications, as required under
§ 139.402(d).
*
*
*
*
*
7. Add subpart E to part 139 to read
as follows:
Subpart E—Airport Safety Management
System
Sec.
139.401 General requirements.
139.402 Components of Airport Safety
Management System.
139.403 Airport Safety Management System
implementation.
Subpart E—Airport Safety
Management System
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§ 139.401
General requirements.
(a) Each certificate holder, or
applicant for an Airport Operating
Certificate, must develop and maintain
an Airport Safety Management System
that is approved by the Administrator.
(b) The scope of an Airport Safety
Management System must encompass
aircraft operation in the movement area,
aircraft operation in the non-movement
area, and other airport operations
addressed in this part.
(c) Each required certificate holder
must describe its compliance with the
requirements identified in § 139.402
either:
(1) Within a separate section of the
certificate holder’s Airport Certification
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*
§ 139.402 Components of Airport Safety
Management System.
An approved Airport Safety
Management System must include:
(a) Safety Policy. A Safety Policy that,
at a minimum:
(1) Identifies the accountable
executive.
(2) Establishes and maintains a safety
policy statement signed by the
accountable executive.
(3) Ensures the safety policy statement
is available to all employees and
tenants.
(4) Identifies and communicates the
safety organizational structure.
(5) Describes management
responsibility and accountability for
safety issues.
(6) Establishes and maintains safety
objectives and the certificate holder’s
acceptable level of safety.
(7) Defines methods, processes, and
organizational structure necessary to
meet safety objectives.
(b) Safety Risk Management. Safety
Risk Management processes and
procedures for identifying hazards and
their associated risks within airport
operations and for changes to those
operations covered by this part that at
a minimum:
(1) Establish a system for identifying
safety hazard.
(2) Establish a systematic process to
analyze hazards and their associated
risks by:
(i) Describing the system;
(ii) Identifying hazards;
(iii) Analyzing the risk of identified
hazards and/or proposed mitigations;
Frm 00025
Fmt 4702
Sfmt 4702
Class III
*
X
X
*
Manual titled Airport Safety
Management System; or
(2) Within a separate Airport Safety
Management System Manual. If the
certificate holder chooses to use a
separate Airport Safety Management
System Manual, the Airport
Certification Manual must incorporate
by reference Airport Safety Management
System Manual.
(d) FAA Advisory Circulars contain
methods and procedures for the
development of an Airport Safety
Management System.
PO 00000
Class II
Class IV
*
X
*
X
*
(iv) Assessing the level of risk
associated with identified hazards; and
(v) Mitigating the risks of identified
hazards, when appropriate.
(3) Provide for regular assessment to
ensure that safety objectives identified
under paragraph (a)(6) of this section are
being met.
(4) Establish and maintain records
that document the certificate holder’s
Safety Risk Management processes.
(i) The records shall provide a means
for airport management’s acceptance of
assessed risks and mitigations.
(ii) Records associated with the
certificate holder’s Safety Risk
Management processes must be retained
for the longer of:
(A) Thirty-six consecutive calendar
months after the risk analysis of
identified hazards under paragraph
(b)(2)(iv) of this section has been
completed; or
(B) Twelve consecutive calendar
months after mitigations required under
paragraph (b)(2)(v) of this section have
been implemented.
(c) Safety Assurance. Safety
Assurance processes and procedures to
ensure mitigations developed through
the certificate holder’s Safety Risk
Management processes and procedures
are adequate, and the Airport’s Safety
Management System is functioning
effectively and meeting the safety
objectives established under paragraph
(a)(6) of this section. Those processes
and procedures must, at a minimum:
(1) Provide a means for monitoring
safety performance.
(2) Establish and maintain a hazard
reporting system that provides a means
for reporter confidentiality.
(3) Report pertinent safety
information and data on a regular basis
to the accountable executive. Reportable
data includes without limitation:
(i) Performance with safety objectives
established under paragraph (a)(6) of
this section;
(ii) Safety critical information
distributed in accordance with
paragraph (d)(2)(ii) of this section;
(iii) Status of ongoing mitigations
required under the Airport’s Safety Risk
E:\FR\FM\07OCP1.SGM
07OCP1
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules
Management processes as described
under paragraph (b)(2)(v) of this section;
and
(iv) Status of a certificate holder’s
schedule for implementing the Airport
Safety Management System as described
under paragraph (b)(2) of this section.
(d) Safety Promotion. Safety
Promotion processes and procedures to
foster an airport operating environment
that encourages safety. Those processes
and procedures must, at a minimum:
(1) Provide formal safety training to
each employee and tenant with access
to airport areas regulated under this part
that is appropriate to the individual’s
role.
(2) Maintain a record of all training by
each individual under this section that
includes, at a minimum, a description
and date of training received. Such
records must be retained for 24
consecutive calendar months after
completion of training.
(3) Develop and maintain formal
means for communicating important
safety information that, at a minimum:
(i) Ensures that all personnel are
aware of the SMS and their safety roles
and responsibilities;
(ii) Conveys critical safety
information;
(iii) Provides feedback to reporters
using the airport’s hazard reporting
system required under § paragraph (c)(2)
of this section; and
(iv) Disseminates safety lessons
learned to relevant personnel or other
stakeholders.
(4) Maintain records of
communications required under this
section for 12 consecutive calendar
months.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
§ 139.403 Airport Safety Management
System implementation.
(a) Each certificate holder required to
develop and maintain an Airport Safety
Management System under this subpart
must submit an implementation plan on
or before:
(1) [6 months after effective date of
final rule] for Class I airports.
(2) [9 months after effective date of
final rule] for Class II, III, and IV
airports.
(b) An implementation plan must
provide:
(1) A proposal on how the certificate
holder will meet the requirements
prescribed in this subpart; and
(2) A schedule for implementing SMS
components and elements prescribed in
§ 139.402.
(d) Each certificate holder must
submit its amended Airport
Certification Manual and Airport Safety
Management System Manual, if
applicable, to the FAA for approval in
VerDate Mar<15>2010
14:39 Oct 06, 2010
Jkt 223001
accordance with its implementation
plan but not later than:
(1) [18 months after effective date of
final rule] for Class I airports.
(2) [24 months after effective date of
final rule] for Class II, III, and IV
airports.
Issued in Washington, DC, on September
30, 2010.
Michael J. O’Donnell,
Director, Office of Airport Safety and
Standards.
[FR Doc. 2010–25338 Filed 10–6–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 35
[Docket No. RM10–23–000]
Transmission Planning and Cost
Allocation by Transmission Owning
and Operating Public Utilities
September 29, 2010.
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of proposed rulemaking;
request for reply comments.
AGENCY:
On June 17, 2010, the
Commission issued a Notice of
proposed rulemaking (75 FR 37884)
proposing to amend the transmission
planning and cost allocation
requirements established in Order No.
890 to ensure that Commissionjurisdictional services are provided on a
basis that is just, reasonable and not
unduly discriminatory or preferential.
With respect to transmission planning,
the proposed rule would provide that
local and regional transmission
planning processes account for
transmission needs driven by public
policy requirements established by state
or federal laws or regulations; improve
coordination between neighboring
transmission planning regions with
respect to interregional facilities; and
remove from Commission-approved
tariffs or agreements a right of first
refusal created by those documents that
provides an incumbent transmission
provider with an undue advantage over
a nonincumbent transmission
developer. Neither incumbent nor
nonincumbent transmission facility
developers should, as a result of a
Commission-approved tariff or
agreement, receive different treatment in
a regional transmission planning
process. Further, both should share
similar benefits and obligations
SUMMARY:
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
62023
commensurate with that participation,
including the right, consistent with state
or local laws or regulations, to construct
and own a facility that it sponsors in a
regional transmission planning process
and that is selected for inclusion in the
regional transmission plan. With respect
to cost allocation, the proposed rule
would establish a closer link between
transmission planning processes and
cost allocation and would require cost
allocation methods for intraregional and
interregional transmission facilities to
satisfy newly established cost allocation
principles. The Commission is
providing interested persons an
opportunity to file reply comments on
the proposed rule.
DATES: Reply comments to the proposed
rule published June 30, 2010 (75 FR
37884) are due November 12, 2010.
ADDRESSES: You may submit reply
comments, identified by Docket No.
RM10–23–000, by any of the following
methods:
• Agency Web Site: https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Commenters
unable to file comments electronically
must mail or hand deliver an original
and 14 copies of their comments to:
Federal Energy Regulatory Commission,
Office of the Secretary, 888 First Street,
NE., Washington, DC 20426.
FOR FURTHER INFORMATION CONTACT:
Russell Profozich (Technical
Information), Office of Energy Policy
and Innovation, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
Telephone: (202) 502–6478, E-mail:
russell.profozich@ferc.gov.
John Cohen (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
Telephone: (202) 502–8705, E-mail:
john.cohen@ferc.gov.
SUPPLEMENTARY INFORMATION:
Notice Establishing Reply Comment
Period
On September 28, 2010, Western
Independent Transmission Group filed a
motion to establish a period for filing
reply comments to the Commission’s
Notice of Proposed Rulemaking issued
June 17, 2010, in the above-docketed
proceeding.1
The period for filing initial comments
in this proceeding ran through
September 29, 2010. Upon
1 131
E:\FR\FM\07OCP1.SGM
FERC ¶ 61,253 (2010).
07OCP1
Agencies
[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Proposed Rules]
[Pages 62008-62023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25338]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 139
[Docket No. FAA-2010-0997; Notice No. 10-14]
RIN 2120-AJ38
Safety Management System for Certificated Airports
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This action would require each certificate holder to establish
a safety management system (SMS) for its entire airfield environment
(including movement and non-movement areas) to improve safety at
airports hosting air carrier operations. An SMS is a formalized
approach to managing safety by developing an organization-wide safety
policy, developing formal methods of identifying hazards, analyzing and
mitigating risk, developing methods for ensuring continuous safety
improvement, and creating organization-wide safety promotion
strategies. When systematically applied in an SMS, these activities
provide a set of decision-making tools that airport management can use
to improve safety. This proposal would require a certificate holder to
submit an implementation plan and implement an SMS within timeframes
commensurate with its class of Airport Operating Certificate (AOC).
DATES: Send your comments on or before January 5, 2011.
ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0997 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send Comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, West Building Ground Floor,
Washington, DC 20590-0001.
Hand Delivery: Take comments to Docket Operations in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Fax: (202) 493-2251.
For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide. Using the search function of our docket web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://DocketsInfo.dot.gov.
Docket: To read background documents or comments received, go to
https://www.regulations.gov at any time and follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this proposed rule, contact Keri Spencer, Office of Airports Safety and
Standards, Airports Safety and Operations Division, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8972; fax (202) 493-1416; e-mail
keri.spencer@faa.gov. For legal questions, contact Robert Hawks, Office
of the Chief Counsel, Regulations Division, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-7143; fax (202) 267-7971; e-mail:
rob.hawks@faa.gov.
SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional
Information section, we discuss how you can comment on this proposal
and how we will handle your comments. Included in this discussion is
related information about the docket, privacy, and the handling of
proprietary or confidential business information. We also discuss how
you can get a copy of this proposal and related rulemaking documents.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
The FAA is issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44706, ``Airport operating
certificates.'' Under that section, Congress charges the FAA with
issuing airport operating certificates that contain terms that the
Administrator finds necessary to ensure safety in air transportation.
This proposed rule is within the scope of that authority because it
requires all holders of an airport operating certificate to develop,
implement, and maintain an SMS. The development and implementation of
an SMS ensures safety in air transportation by assisting airports in
proactively identifying and mitigating safety hazards.
Background
The FAA is committed to continuously improving safety in air
transportation. As the demand for air transportation increases, the
impacts of additional air traffic and surface operations, changes in
air traffic procedures, and airport construction can heighten the risks
of aircraft operations. While the FAA's use of prescriptive regulations
and technical operating standards has been effective, such regulations
may leave gaps best addressed through improved management practices. As
the certificate holder best understands its own operating environment,
it is in the best position to address many of its own safety issues.
While the FAA would still conduct regular inspections, SMS's proactive
emphasis on hazard identification and mitigation, and on communication
of safety issues, provides certificate holders robust tools to improve
safety.
The International Civil Aviation Organization (ICAO) defines SMS as
a ``systematic approach to managing safety, including the necessary
organizational structures, accountabilities, policies, and
[[Page 62009]]
procedures.'' \1\ In 2001, ICAO adopted a standard in Annex 14 that all
member states establish SMS requirements for airport operators. The FAA
supports conformity of U.S. aviation safety regulations with ICAO
standards and recommended practices. The agency intends to meet the
intent of the ICAO standard in a way that complements existing airport
safety regulations in 14 CFR part 139. Additional information regarding
these amendments, as well as ICAO's guidance on establishing an SMS
framework, may be found at https://www.icao.int/anb/safetymanagement/.
---------------------------------------------------------------------------
\1\ See ICAO, Safety Management Manual, at 6.5.3 ICAO Doc. 9859-
AN/474 (2nd ed. 2009).
---------------------------------------------------------------------------
Safety Management System Components
An SMS provides an organization's management with a set of
decision-making tools that can be used to plan, organize, direct, and
control its business activities in a manner that enhances safety and
ensures compliance with regulatory standards. These tools are similar
to those management already uses to make production or operations
decisions. An SMS has four key components: Safety Policy, Safety Risk
Management (SRM), Safety Assurance, and Safety Promotion. Definitions
of these are as follows and further detailed in the proposal
discussion.
Safety Policy. Safety Policy provides the foundation or framework
for the SMS. It outlines the methods and tools for achieving desired
safety outcomes. Safety Policy also details management's responsibility
and accountability for safety.
Safety Risk Management (SRM). As a core activity of SMS, SRM uses a
set of standard processes to proactively identify hazards, analyze and
assess potential risks, and design appropriate risk mitigation
strategies.
Safety Assurance. Safety Assurance is a set of processes that
monitor the organization's performance in meeting its current safety
standards and objectives as well as contribute to continuous safety
improvement. Safety Assurance processes include information
acquisition, analysis, system assessment, and development of preventive
or corrective actions for nonconformance.
Safety Promotion. Safety Promotion includes processes and
procedures used to create an environment where safety objectives can be
achieved. Safety promotion is essential to create an organization's
positive safety culture. Safety culture is characterized by knowledge
and understanding of an organization's SMS, effective communications,
competency in job responsibilities, ongoing training, and information
sharing. Safety Promotion elements include training programs,
communication of critical safety issues, and confidential reporting
systems.
National Transportation Safety Board Recommendations
The National Transportation Safety Board (NTSB) first recommended
safety management systems for the maritime industry in 1997. Since
then, a number of NTSB investigations have cited organizational factors
contributing to accidents and have recommended SMS as a way to prevent
future accidents and improve safety. The NTSB first offered an SMS
recommendation to the FAA after its investigation of the October 14,
2004, accident of Pinnacle Airlines Flight 3701.
Pinnacle Airlines Flight 3701 was on a repositioning flight between
Little Rock National Airport and Minneapolis-St. Paul International
Airport when both engines flamed out after a pilot-induced aerodynamic
stall. The pilots were unable to regain control, and the aircraft
crashed in a residential area south of Jefferson City, Missouri. The
NTSB's investigation revealed ``the accident was the result of poorly
performing pilots who intentionally deviated from standard operating
procedures and basic airmanship.'' \2\ The NTSB further stated
``operators have the responsibility for a flight crew's cockpit
discipline and adherence to standard operating procedures'' and offered
an SMS as a means to help air carriers ensure safety.\3\ The NTSB
formally recommended the FAA ``require all 14 CFR part 121 operators
establish Safety Management System programs.'' \4\
---------------------------------------------------------------------------
\2\ NTSB Accident Report AAR-07/01, ``Crash of Pinnacle Airlines
Flight 3701 Bombardier CL-600-2B19, N8396A, Jefferson City,
Missouri, October 14, 2004,'' at 53 (Jan. 9, 2007) .
\3\ Id. at 61.
\4\ Id. at 75; see also NTSB Safety Recommendation Letter (Jan.
23, 2007) (NTSB Recommendation A-07-10).
---------------------------------------------------------------------------
Three years after the Pinnacle Airlines accident, the NTSB
investigated the in-flight fire, emergency descent, and crash of a
Cessna 310R in Sanford, Florida, and issued another SMS recommendation.
The NTSB determined the probable causes of the accident ``were the
actions and decisions by NASCAR's corporate aviation division's
management and maintenance personnel to allow the accident airplane to
be released for flight with a known and unresolved discrepancy, and the
accident pilots' decision to operate the airplane with that known
discrepancy.'' \5\ As in the Pinnacle Airlines accident, the NASCAR
pilot and aviation organization failed to follow standard operating
procedures (SOPs). The NTSB stated ``an effective SMS program
formalizes a company's SOPs and establishes methods for ensuring that
those SOPs are followed.'' \6\ The NTSB recommended the FAA ``develop a
safety alert for operators encouraging all 14 CFR part 91 business
operators to adopt SMS programs that include sound risk management
practices.'' \7\
---------------------------------------------------------------------------
\5\ NTSB Accident Report AAR-09/01, ``In-flight Fire, Emergency
Descent and Crash in a Residential Area Cessna 310R, N501N, Sanford,
Florida, July 10, 2007,'' at iv (Jan. 28, 2009).
\6\ Id. at 19.
\7\ Id. at 25; see also NTSB Safety Recommendation Letter (Feb.
18, 2009) (NTSB Recommendation A-09-16).
---------------------------------------------------------------------------
While the NTSB has not formally recommended the FAA require an SMS
for certificated airports, the FAA has concluded those same
organizational factors apply to all regulated sectors of the aviation
industry. Airports operate in similar environments as air carriers and
business flight operators where adherence to standard operating
procedures, proactive identification, mitigation of hazards and risks,
and effective communications are crucial to continued operational
safety. Accordingly, certificated airports could realize similar SMS
benefits as an aircraft operator. The FAA envisions an SMS would
provide an airport with an added layer of safety to help reduce the
number of near-misses, incidents, and accidents. An SMS also would
ensure that all levels of airport management understand safety
implications of airfield operations.
FAA SMS Pilot Studies and Research Projects
The FAA initiated a number of collaborative efforts studying SMS
application at U.S. certificated airports. These efforts included
developing advisory guidance, researching airport SMS recommended
practices, and conducting airport pilot studies.
Advisory Circulars and Research Studies
The FAA, on February 28, 2007, issued Advisory Circular (AC) 150/
5200-37, Introduction to Safety Management Systems for Airport
Operators. This AC provides an introduction to SMS and general
guidelines for an airport SMS. While compliance with this AC is
voluntary, numerous airports have used it in implementing their SMS.
[[Page 62010]]
The Airports Cooperative Research Program (ACRP) \8\ approved two
projects to prepare guidance on airport SMS. In September 2007, MITRE
Corporation published the first report, SMS for Airports Volume 1:
Overview. This report describes SMS benefits, ICAO requirements, and
SMS application at U.S. airports. The second project, ACRP's SMS for
Airports Volume 2: Guidebook, was completed in October 2009 and
provides practical guidance on development and implementation of an
airport SMS.
---------------------------------------------------------------------------
\8\ The Transportation Research Board (TRB) manages ACRP.
---------------------------------------------------------------------------
Pilot Studies
Beginning in April 2007, the FAA conducted a pilot study to
evaluate SMS development at certificated airports of varying size and
complexity. The study also compared current part 139 requirements and
typical SMS requirements.
The first round of pilot studies included over 20 airports. The FAA
later established a second round of pilot studies on SMS development at
smaller airports with a Class II, III, or IV AOC.\9\
---------------------------------------------------------------------------
\9\ For definitions of classes of AOCs, see 14 CFR 139.5.
---------------------------------------------------------------------------
All participating airports conducted a gap analysis or benchmark
study examining differences between their FAA-approved Airport
Certification Manual (ACM), part 139 requirements, and a typical
airport SMS. Using these results, the participating airports then
developed a separate SMS Manual and Implementation Plan using AC 150/
5200-37 and the FAA Airport SMS Pilot Study Participant's Guide. While
pilot study airports were not required to implement an SMS, many chose
to do so. As a result of these pilot studies, participating airports
and the FAA made some key findings.
First, the FAA concluded that compliance with part 139 is essential
to ensuring a safe and standardized airport system. However, part 139
compliance does not by itself sufficiently address the risk management,
assurance, reporting, safety data management, communications, or
training needs of modern airports. The FAA further concluded an SMS can
help an airport achieve performance-based systems safety.
The gap analyses revealed that aspects of part 139 can serve as
building blocks for an SMS. For example, at least one pilot study
airport recognized its existing part 139 compliance program
incorporated some SMS concepts. Additionally, the majority of
participating airports have an organizational safety policy statement,
but these statements may be informal or inadequate or focus on employee
rather than on operational safety. The gap analysis also uncovered that
less formal safety policies are often not effectively communicated to
employees.
The majority of pilot study airports indicated an existing
organizational structure to manage safety (such as a standing safety
committee), but there is rarely one person with overall responsibility
and authority for operational safety. Several airports admitted to
relatively inactive safety committees. Second, several airports
indicated they have safety risk management programs or policies in
place (e.g., part 139 self-inspection program), but most described
their hazard identification processes as reactive rather than
proactive. These airports concluded their existing programs could be
improved to meet the intent of the SMS SRM. While Sec. 139.327
requires an airport to identify hazards or discrepancies during its
self inspection, this requirement does not realize the potential of
safety management through identifying and recording all safety hazards,
conducting risk assessments, and developing mitigation strategies.
Some airports indicated they did not have adequate accident or
incident reporting procedures. Still others with reporting procedures
indicated the procedures lacked solid analytical techniques to identify
airport hazards and uncover underlying safety issues.
Third, almost all pilot study airports indicated compliance with
part 139 through some auditing system. However, most of these airports
also indicated the audits are not carried out systematically to
determine whether the airport is meeting safety goals and objectives.
Few certificated airports indicated formal procedures to systematically
review safety-related data. All pilot study airports have record-
keeping and retrieval systems in place, but each indicated room for
improvement. Improved systems would allow for trend and other data
analysis to proactively identify operational hazards and potentially
prevent future incidents or accidents.
Finally, almost all pilot study airports indicated they currently
conduct safety training, but some indicated there is no organizational
approach to safety training. Several airports indicated their informal
safety communications do not properly disseminate information (such as
risk management data) throughout the organization or to other
stakeholders. In general, the airports acknowledged more formalized
training and communications programs, such as those required under
Safety Promotion, would be beneficial.
Benefits
The FAA has determined that an SMS requirement would improve safety
at part 139 certificated airports. The FAA reached this conclusion
based on detailed study of ICAO's Annex 14 requirements, review of
NTSB's recommendations, and the airport SMS pilot studies. Airports
should realize benefits from increased communication, training, and
reporting. Some airports may realize financial benefits through reduced
insurance costs associated with proactive hazard identification and
safety risk analysis.
A properly functioning airport SMS would help an airport ensure:
Individuals are trained on the safety implications of
working on the airside of the airport;
Proactive hazard identification and analysis systems are
in place;
Data analysis, tracking, and reporting systems are
available for trend analysis and to gain lessons learned; and
Timely communication of safety issues to all stakeholders.
The FAA envisions an airport's SMS would uncover previously unknown
hazards and risks, providing an airport the opportunity to proactively
mitigate risk. Over time, these efforts should prevent accidents and
incidents, thereby reducing the direct and indirect costs and risks of
airport operations.
Several airports have seen benefits by voluntarily implementing SMS
or applying SMS principles in their operations. For example, a large
international airport holding a Class I AOC reduced insurance costs
after implementing SMS principles. A smaller domestic airport holding a
Class IV AOC has seen a major improvement in operational safety after
implementing its SMS.
Discussion of the Proposal
The FAA proposes to require all certificate holders develop and
implement an SMS for the movement and non-movement areas of the airport
(i.e., airfield and ramp). The FAA proposes to add subpart E to part
139, which would include:
(1) A new Sec. 139.401 that would require all holders of an AOC to
have an approved airport SMS;
(2) a new Sec. 139.402 that would prescribe the components of an
airport SMS; and
(3) a new Sec. 139.403 that would prescribe the implementation
requirements for an airport SMS.
[[Page 62011]]
The proposal also would add to Sec. 139.5 the following
definitions: Accountable executive; Airport safety management system;
Hazard; Non-movement area; Risk; Risk analysis; Risk mitigation; Safety
assurance; Safety policy; Safety promotion; and Safety risk management
(SRM).
Many of the definitions are from existing international standards
and FAA guidance materials. These definitions are applicable to the
following discussion.
Regulation of the Non-Movement Area
Under this proposal, an airport would implement its SMS throughout
the airport environment, including the movement and non-movement areas
(including runways, taxiways, run-up areas, ramps, apron areas, and on-
airport fuel farms). The FAA acknowledges the proposal extends the
scope of part 139 by including the non-movement areas, but the FAA has
concluded that ensuring safety in air transportation requires that an
SMS applies to any place that affects safety during aircraft
operations.
Many pilot study airports concluded it was difficult to apply SMS
concepts to only the movement area because aircraft and airport airside
personnel routinely flow between movement and non-movement areas. The
airports also found a large number of safety incidents occur in the
non-movement area and believe applying SMS to this area may reduce that
number.
The FAA does not intend to require airports to extend their SMS to
the landside environment such as terminal areas. Nevertheless, an
airport may voluntarily expand its SMS to all airside and landside
environments.
Flexibility
The FAA envisions an SMS as an adaptable and scalable system. An
organization can develop an SMS to meet its unique operating
environment. For those reasons, this proposal would allow an airport
the maximum amount of flexibility to develop and achieve its safety
goals. Accordingly, the FAA would prescribe only the general framework
of an SMS.
The FAA learned through the pilot studies there are circumstances
when a certificate holder may want flexibility in maintaining SMS
documentation. For example, some airport operators manage multiple
airports (have multiple AOCs), and some may want to expand SMS beyond
the FAA-regulated areas (such as for landside or terminal operations.)
In allowing maximum flexibility, a certificate holder may maintain a
separate SMS Manual in addition to the ACM or may maintain SMS
documentation directly in the ACM. If a certificate holder develops a
separate manual, it would cross-reference the SMS requirements in its
FAA-approved ACM. Accordingly, the FAA proposes amending Sec. 139.203
to require the FAA-approved ACM contain the policies and procedures for
development, implementation, operation, and maintenance of the
certificate holder's SMS. The FAA also proposes to amend Sec. 139.103
to require two copies of the SMS manual, or SMS portion of the ACM,
accompany an AOC application.
Minimum Elements of SMS
In a new Sec. 139.402, the FAA would require each airport SMS
include the four SMS components: Safety Policy, SRM, Safety Assurance,
and Safety Promotion. These components are equivalent to ICAO's SMS
pillars. To support each of these components, the FAA proposes a
certificate holder implement a number of elements. Together the
components and elements provide the general framework for an
organization-wide safety management approach to airport operations. To
make these components and elements effective, a certificate holder
would develop processes and procedures appropriate to the airport's
operating environment. The FAA understands that a certificate holder
could comply with these requirements through a variety of means. The
FAA intends these proposed requirements to be scalable to the size and
complexity of the certificate holder. The FAA invites comments on how
the FAA could clarify or improve the scalability of this proposal.
The FAA envisions a certificate holder using an operational SMS to:
Actively engage airport management in airfield safety;
Ensure formal documentation of hazards and analytical
processes are used to analyze, assess, and mitigate risks;
Proactively look for safety issues through analysis and
use of lessons learned; and
Train individuals accessing the airside environment on SMS
and operational safety.
The following details SMS components and elements as specifically
applied to a part 139 airport certificate holder.
Safety Policy
This proposal would require a certificate holder to establish a
safety policy that:
Identifies the accountable executive;
Identifies and communicates the safety organizational
structure;
Identifies the lines of safety responsibility and
accountability;
Establishes and maintains a safety policy statement;
Ensures the safety policy statement is available to all
employees;
Establishes and maintains safety objectives; and
Establishes and maintains an acceptable level of safety
for the organization.
This proposal would require an airport to identify an accountable
executive. The FAA understands that airport operations and
organizational structures vary widely. Accordingly, the FAA would not
prescribe a particular job title. Nevertheless, the accountable
executive must be a high-level manager who can influence safety-related
decisions and has authority to approve operational decisions and
changes because an effective SMS requires high-level management
involvement in safety decisionmaking. Accordingly, the FAA proposes the
international standard definition for an accountable executive (i.e.,
requiring the accountable executive to be an individual with ultimate
responsibility and accountability, full control of the human and
financial resources required to maintain the SMS, and final authority
over operations and safety issues).\10\ The FAA acknowledges it may be
difficult for U.S. airports to identify an accountable executive
meeting that international standard, but it believes an acceptable
accountable executive would be the highest approving authority at the
airport for operational decisions and changes. The FAA invites comments
concerning the definition of accountable executive for certificated
airports.
---------------------------------------------------------------------------
\10\ See ICAO, Safety Management Manual, at 8.4.5 & 8.4.6 ICAO
Doc. 9859-AN/474 (2nd ed. 2009).
---------------------------------------------------------------------------
Additionally, we would require a certificate holder to identify its
safety organizational structure and management responsibility and
accountability for safety issues. The importance to identifying who in
airport management is responsible for safety ensures resources are
allocated to balance safety and service. For example, an airport would
identify each manager accountable for safety and that manager's
responsibilities under the airport SMS. Each airport employee should
know who is the contact point for a particular safety issue. An airport
would decide how managers' safety responsibilities and accountabilities
are communicated. It could use an organizational chart or other means
that identify lines of communication and decisionmaking. In some
organizations, with multiple departments responsible
[[Page 62012]]
for part 139 compliance, an airport may have multiple line managers
responsible for the safety of different airport areas (e.g., an
operations manager for airfield operational safety issues or a
maintenance manager for maintenance safety issues). The safety
organizational structure should allow every employee to understand how
safety issues progress through the organization. This safety
organizational structure also would ensure that senior management is
aware of the daily activities of these departments and has an active
role in airport safety.
Currently, Sec. 139.203 requires certificated airports to have
lines of succession of airport operator responsibility. These lines may
provide a foundation for establishing the airport's accountable
executive and delineation of responsibility for SMS functions.
This proposal would require a certificate holder's safety policy
statement be included in SMS documentation. The ``accountable
executive'' would issue this statement because management's commitment
to safety should be expressed formally. The safety policy statement
would outline the methods and processes used to achieve desired safety
outcomes. The statement typically would contain the following:
A commitment by senior management to implement SMS;
A commitment to continual safety improvement;
The encouragement for employees to report safety issues
without fear of reprisal;
A commitment to provide the necessary safety resources;
and
A commitment to make safety the highest priority.
Some airports may be able to adapt a safety policy statement from
existing policy statements. Others may supplement existing policies
that focus on occupational safety issues (for example, the airport
strives to have zero employee injuries). Other airports may have
informal safety objectives that could be formalized into a safety
policy statement.
Finally, this proposal would require an airport to establish safety
objectives relevant to its operating environment. These objectives
should improve overall airport safety. Some examples of safety
objectives may include a reduction in the amount of Foreign Object
Debris (FOD) related damage, a reduction in the number of Vehicle/
Pedestrian Deviations (VPDs), timely issuance of airfield condition
Notices to Airmen (NOTAMs), and continued conformance with part 139
requirements. Setting these objectives and metrics would aid the
airport, stakeholders, and the FAA in verifying achievement or progress
towards an airport's improvement of safety.
Safety Risk Management (SRM)
This proposal would require a certificate holder to establish an
SRM process to identify hazards and their associated risks within the
airport's operations. Under SRM, the airport would be required to:
Identify safety hazards;
Ensure that mitigations are implemented where appropriate
to maintain an acceptable level of safety;
Provide for regular assessment of safety level achieved;
Aim to make continuous improvement to the airport's
overall level of safety; and
Establish and maintain a process for formally documenting
identified hazards, their associated analyses, and management's
acceptance of the associated risks.
A comprehensive SMS using SRM would provide management a tool for
identification of hazards and risks and prioritization of their
resolution. While each certificate holder's SRM processes may be unique
to the airport's operations and organizational structure, the FAA would
require it to incorporate SRM's five steps:
(1) Describing the system;
(2) Identifying the hazards;
(3) Analyzing the risk associated with those hazards;
(4) Assessing the risk associated with those hazards; and
(5) Mitigating the risk of identified hazards when necessary.
This proposal would require a certificate holder to use SRM
processes to analyze risk associated with hazards discovered during
daily operations and for changes to operations. Changes in airport
operations could introduce new hazards into the airfield environment,
such as adding new tenants or air carriers at the airport. These could
be discovered, tracked, and mitigated using an existing or newly-
created hazards tracking system. However, some system descriptions set
the boundaries for hazard identification by considering the operating
environment in which hazards are identified. Operational changes may
overlap with SRM requirements under the FAA Air Traffic Organization's
SMS. Examples of these changes include runway extensions or the
construction of new taxiways. In these cases, the FAA expects that the
certificate holder would participate in the FAA's risk analysis instead
of performing an independent risk analysis under its SMS.
The first step of SRM is describing the system. This step entails
describing the operating environment in which the hazards will be
identified. System description serves as the boundaries for hazard
identification. For airports, operational, procedural, conditional, or
physical characteristics are included in the system description. A
system description could answer the following questions:
Are there visual or instrument meteorological conditions;
Is it a time of low or high peak traffic;
Are there closed or open runways; or
Is the airfield under construction or normal operations?
The second step of SRM identifies hazards in a systematic way based
on the system described in the first step. All possible sources of
system failure should be considered. Depending on the nature and size
of the system under consideration, these should include:
Equipment (for example, construction equipment on a
movement surface), the operating environment (for example, weather
conditions, season, time of day);
Human factors (for example, shift work);
Operational procedures (for example, staffing levels);
Maintenance procedures (for example, nightly movement area
inspections by airport electricians); and
External services (for example, ramp traffic by fixed-base
operator (FBO) or law enforcement vehicles).
A certificate holder should implement hazard identification
processes and procedures that reflect its management structure and
complexity. There are many ways to accomplish this hazard
identification, but all must use the following four elements:
(1) Operational expertise;
(2) Training in SMS (and, if possible, hazard analysis techniques);
(3) A simple, but well-defined, hazard analysis tool; and
(4) Adequate documentation of the process.
Many airports already have hazard identification processes in place
to ensure part 139 compliance. For example, part 139 currently requires
an airport operator to conduct a daily inspection, unless otherwise
stated in the FAA-approved ACM.
A certificate holder could use hazard reports obtained through the
airport's safety reporting system, which is detailed later in this
discussion. The airport also would keep track of
[[Page 62013]]
incidents and accidents occurring in the airport's movement and non-
movement areas to identify potential operational hazards. Many airports
already track incidents and accidents in the movement area.
One of the most important aspects of hazard identification is
systematically documenting and tracking potential hazards. This
documented data allows meaningful analysis of operational safety-
related trends on the airfield and of overall airport system safety.
After identifying hazards, a certificate holder would complete the
third step of SRM, hazard analysis. For each hazard, the certificate
holder would consider the worst credible outcome (harm), which is the
most unfavorable consequence that is realistically possible, based on
the system described. For the worst credible outcome, the certificate
holder would determine the likelihood and severity of that outcome
using quantitative or qualitative methods.
A certificate holder would define its levels of likelihood and
severity. ICAO and the FAA have developed sample definitions and levels
of likelihood and severity for use in categorizing hazards.\11\ An
example is a five-point table for severity and likelihood. The
categorization of severity includes definitions for catastrophic,
hazardous, major, minor, or negligible. The categorization of
likelihood includes definitions for frequent, occasional, remote,
improbable, and extremely improbable. A certificate holder should
develop tables commensurate with its operational needs and complexity.
For example, a less complex airport with few operations may find it
effective to have fewer levels of gradation. However, a larger airport
with a variety of operations may require a five-point or larger table
to be most effective. Based on these definitions, a likelihood and
severity of occurrence is selected for each hazard.
---------------------------------------------------------------------------
\11\ See ICAO, Safety Management Manual, at 6.5.3 ICAO Doc.
9859-AN/474 (2nd ed. 2009); see also FAA Advisory Circular 150/5200-
37, Introduction to Safety Management System for Airport Operators
(Feb. 28, 2007).
---------------------------------------------------------------------------
The fourth step of SRM, risk assessment, uses the likelihood and
severity assessed in step three, and compares it to the organization's
acceptable levels of safety risk.
One of the easiest techniques for comparison is through the use of
a predictive risk matrix. A predictive risk matrix (like figure 1)
graphically depicts the various levels of severity and likelihood as
they relate to the levels of risk (for example, low, medium, or high).
On a typical risk matrix, severity and likelihood are placed on
opposing axes (i.e., x- and y-axis on a grid). For example, a higher
severity would be plotted further to the right on the x-axis, and a
higher likelihood would be plotted further up the y-axis. The severity
and likelihood assessed during the third step of SRM can then be
plotted on the risk matrix grid for each of the hazards assessed.
BILLING CODE 4910-13-P
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[GRAPHIC] [TIFF OMITTED] TP07OC10.000
The other feature of a predictive risk matrix is its depiction of
the certificate holder's acceptable level of safety risk, in other
words the highest level of safety risk it will accept in its
operational environment. Typically, the risk matrix depicts three
levels of risk: low, medium, and high. A high risk generally would be
unacceptable. A medium risk may be acceptable provided mitigations are
in place and verified before operations can continue. A low risk may be
acceptable without additional mitigation.
When a hazard's likelihood and severity are plotted on the risk
matrix, the certificate holder can see whether the hazard's safety risk
is acceptable to
[[Page 62015]]
the organization. Generally, as the likelihood and severity increase,
the risk increases. Each certificate holder would determine its
acceptable level of risk and other levels of risk when establishing its
predictive risk matrix. For example, a hazard with an assessed
likelihood of frequent and severity of catastrophic usually would be
plotted in the high risk portion of the matrix. A hazard with an
assessed likelihood of extremely improbable and assessed severity of
minor usually would be plotted in the low risk portion of the matrix.
These levels of risk would be based on the certificate holder's
acceptable level of risk and may vary from airport to airport.
Under the fourth step of SRM, a certificate holder would plot the
likelihood and severity of each hazard assessed during the third step
on its predictive risk matrix. The certificate holder would see the
level of risk for each hazard and could determine whether that level of
risk is acceptable. The certificate holder would use this information
to determine whether it must mitigate those risks. Ultimately, the
certificate holder would formally accept the risk or approve the
mitigation plan as required by its SMS.
In the final step of SRM, mitigation of risk, the certificate
holder would take steps to reduce the risk of the hazard to an
acceptable level for any hazard determined in the fourth step to
present an unacceptable risk. These efforts may include removing the
hazard or implementing alternative strategies to reduce the hazard's
risks. Additionally, a certificate holder could mitigate the risk of a
hazard if that risk is acceptable but could be reduced with mitigation.
If a hazard has no associated risk or a low risk, an airport may not
have to proceed with this step of SRM for the hazard.
If step five is required, the certificate holder would monitor the
mitigations put in place to ensure that they actually decrease the
level of risk to an acceptable level. A certificate holder could use
the hazard reporting system, which is discussed later, to track
identified hazards and their mitigations deployed under SRM.
Under an SMS, a certificate holder would document each of the SRM
steps including the identified hazards, the risk analysis and
assessment, any proposed mitigations, and management's acceptance of
risk. These records can be kept either electronically or in paper-
format. This documentation ensures safety-related decisions are
consistent with safety policies and goals and provides historical
information that can be used to make future safety-related decisions.
This proposal would require a certificate holder to retain these
documents and records for the longer of either 36 consecutive calendar
months after the risk analysis of identified hazards or 12 consecutive
calendar months after implementing mitigation measures. The timelines
associated with the retention of those documents ensure they are kept
for a time period that provides the airport historical data to conduct
meaningful analysis under SRM, to review during Safety Assurance
activities, and for the FAA to review for compliance during
inspections. These record retention requirements are consistent with
other retention requirements under part 139. While these are minimum
retention requirements, certificate holders may retain their documents
for longer time periods.
A Practical Example of SRM
The airport in this example has one runway and conducts daily self-
inspections according to its FAA-approved ACM. An operations agent
conducting the airport's daily self-inspection finds foreign object
debris (FOD) of substantial size and weight at a taxiway-runway
intersection adjacent to an uncontrolled ramp. The operations agent
removes the FOD and notes it on the inspection checklist. During a
routine review of airport inspections, the operations manager notices
that FOD has been collected at this same taxiway-runway intersection
during multiple inspections. Under the airport's SRM process, such an
event and trend triggers a formal SRM analysis.
The operations manager, who has sufficient training and understands
the airport's SMS and operating environment, conducts the analysis.
Using SRM documentation procedures and templates, the manager carefully
describes the system. At this particular airport, the airport is
approved for low-visibility operations which occur twenty-five percent
of the calendar year.
The manager then identifies all hazards associated with the FOD.
The manager identifies FOD damage to aircraft and/or ingestion into
aircraft engines as potential hazards based on the system description.
The manager considers the worst credible outcome of FOD damage and
FOD ingestion into aircraft engines based on the location of the FOD in
the airport environment. Using the self-inspection records, the manager
discerns the FOD usually is found closer to the runway than to the
taxiway and in some instances on the runway between the centerline and
edge lines. Additionally, the weight and location of the FOD could
present a danger to aircraft traversing the runway or taxiway. The
manager determines that the worst credible outcome could result in loss
of control of the aircraft, an aborted take-off, and/or an aircraft
accident.
Using the likelihood and severity definitions provided as part of
the airport's SMS, the manager's knowledge of the airport environment,
and outside resources (such as industry research or other documents
with relevant quantitative statistical analysis), the manager assesses
the likelihood and severity of the hazard. In this case, the manager
determines the severity of such a hazard could be catastrophic (such as
an aircraft accident with fatalities or serious injuries), and the
likelihood is improbable. Referring to the airport's risk matrix, the
manager plots the assessed likelihood and severity, and the hazard
falls within the high risk portion of the matrix. According to the
airport's SMS, the manager must take some sort of action to mitigate
the occurrence of FOD in this taxiway-runway intersection.
The operations manager has identified numerous risk mitigation
strategies. The manager could increase the number of targeted
inspections for the area. The manager could conduct further analysis to
determine the root-cause of the FOD, which could result from a lack of
training, improper maintenance, or other factors that may be mitigated
over time. The manager also could communicate with tenants who operate
in the area to warn them of the FOD hazard.
In this case, the manager chooses all three mitigation strategies
with targeted inspections implemented immediately. Over time, the
manager will investigate root cause, will update the airport's FOD
prevention training, and will communicate the FOD hazard to tenants.
The manager completes the five SRM steps and documents the
processes and determinations on the appropriate templates following the
airport's SRM guidelines. Finally, the manager adds an entry to the
hazard reporting system to follow up in two weeks to review the self-
inspection and targeted inspection reports to verify whether
mitigations are working.
Safety Assurance
This proposal would require a certificate holder to ensure safety
risk mitigations developed through the airport's SRM process are
adequate, and the airport's SMS is functioning effectively. The key
outcome of safety
[[Page 62016]]
assurance is continuous improvement of the airport's operational
safety. The proposal would require the certificate holder to:
Develop and implement a means for monitoring safety
performance;
Establish and maintain a hazard reporting system that
provides a means for reporter confidentiality; and
Develop and implement a process for reporting pertinent
safety information and data to the accountable executive on a regular
basis.
Safety performance monitoring and measurement is one way an
organization can verify its SMS's effectiveness. ICAO also offers a
variety of safety performance monitoring and measurement methods
including hazard reports, safety studies, safety reviews, audits,
safety surveys, and internal safety investigations.\12\ While some
certificate holders may not find added value in implementing or using
all of these information sources, a certificate holder may benefit from
using an internal audit or assessment to monitor performance. Documents
created under the airport's SMS should be reviewed periodically to
verify whether the airport's SMS processes and procedures are being
followed, whether trends exist that have not been identified, and
whether SRM mitigations are being implemented and are effective. The
certificate holder would determine whether this review is completed by
airport personnel or by a third party.
---------------------------------------------------------------------------
\12\ See ICAO, Safety Management Manual, at 9.6.4 ICAO Doc.
9859-AN/474 (2nd ed. 2009).
---------------------------------------------------------------------------
The proposal also would require a certificate holder to establish
and maintain a hazard reporting system. A certificate holder's SRM
processes and hazard identification procedures likely would not catch
all potential airfield hazards. Some hazards may be identified by other
employees, airfield tenants, or pilots. Therefore, an airport's SRM
would include a system for hazard reporting. A certificate holder may
develop the best system for its operating environment, whether a call-
in line, a web-based system, or a drop box. The certificate holder
would train all employees on the existence of the system and how a
report flows through the system to management.
The FAA proposes that airports develop a confidential hazard
reporting system. ICAO's SMS model envisions a non-punitive reporting
system. Based on information obtained during the pilot studies, a U.S.
airport may be unable to prevent punishment of non-airport employees
(for example, tenant employees). Therefore, the FAA has concluded that
requiring a confidential hazard reporting system will protect the
reporter's identity and achieve the goal of protection from reprisal.
For some airports, the required data tracking, data reporting, and
assessment programs already exist in other formats. Many airports have
functional occupational safety programs in place with reporting,
inspection, and training requirements. An airport can use these
programs to build its operational SMS.
The FAA envisions an airport using safety assurance to enhance the
airport's ability to spot trends and identify safety issues before they
result in a near-miss, incident, or accident. An example of safety
assurance may involve the performance of the airport in reducing the
number of runway incursions. Effective safety assurance processes would
require review and investigation of previous incidents and accidents as
well as analysis of current policies, procedures, training, and
equipment for potential weaknesses. In addition, the safety assurance
process would review the efficacy of previously implemented safety
strategies to ensure they are functioning as predicted and have not
introduced any new systemic risks.
Safety assurance also prescribes data collection and analytical
methods that help a certificate holder transition from a reactive
approach to a more predictive approach to aviation safety. In this
example, failure analysis can be used to anticipate future failures
before they occur. Therefore, Safety Assurance provides management
tools and data to ensure that the SMS is properly functioning and that
mitigations developed through SRM processes are having their intended
effect.
Safety Promotion
This proposal would require a certificate holder to establish
processes and procedures to foster a safety culture. These processes
and procedures include providing formal safety training to all
employees with access to the airfield, and developing and maintaining
formal means for communicating important safety information.
As previously stated, part 139 currently prescribes numerous
training and communications requirements that can be used in developing
an SMS. Under an SMS, these requirements would be enhanced and extended
to more individuals operating on the airport because everyone has a
role in promoting safety. For example, instead of training just those
airport employees on part 139 technical requirements (such as airfield
driver training), an airport would ensure that all employees with
access to the movement and non-movement areas receive training on
operational safety and on the airport's SMS.
The FAA proposes the SMS training requirement would apply to
airport employees based on information obtained during the pilot
studies. However, the FAA believes greater benefits may be achieved if
that training requirement were applied to all individuals with access
to the movement and non-movement areas, and it is considering that
broader SMS training requirement. The FAA invites comments concerning
the practical and economic implications of applying the training
requirements to all individuals accessing the movement and non-movement
area.
The FAA also believes that through the safety promotion component
of SMS, an airport's management will promote the growth of a positive
safety culture through:
Publication of senior management's stated commitment to
safety to all employees;
Visible demonstration of management's commitment to the
SMS;
Communication of the safety responsibilities for the
airport's personnel specific to their function within the airport;
Clear and regular communication of safety policy, goals,
objectives, standards, and performance to all employees of the
organization;
A confidential and effective employee reporting and
feedback system;
Use of a safety information system that provides an
accessible efficient means to retrieve information; and
Allocation of resources essential to implement and
maintain the SMS.
An airport could demonstrate its commitment to safety promotion in
several ways. An airport could allocate sufficient resources for the
initial and recurrent training of its staff. Likewise, an airport could
communicate the results of risk analysis and mitigations for reported
hazards. Any training records created as part of the certificate
holder's safety promotion processes and procedures would be retained
and available for inspection for 24 consecutive calendar months. This
retention period is consistent with that for other training records
under existing Sec. 139.301. The FAA proposes that any other
communications created as part of safety promotion would be retained
for 12 consecutive calendar months.
As previously discussed, the FAA recognizes that certificate
holders may have systems and processes in place that partially meet the
proposed SMS requirements. The FAA believes these systems and processes
can easily be
[[Page 62017]]
incorporated into an SMS and does not intend duplicative burdens. The
FAA requests comments on systems and processes currently in use that
would not be compatible with the proposed requirements. The FAA also
requests comments specifically identifying how the FAA could clarify or
improve the incorporation of existing systems and processes into an
SMS.
Proposed Implementation Plan Requirements
The FAA proposes to require all certificate holders and applicants
for an AOC to submit an implementation plan that accurately describes
how the airport will meet the requirements of Subpart E and provides
timeframes for implementing the various SMS components and elements
within the airport's organization and operations. While the FAA is not
requiring an airport to conduct a gap analysis before implementing an
SMS, this implementation plan would require a certificate holder to
proactively review its current organizational framework and determine
how it conforms to airport SMS requirements. This proposal also would
require a certificate holder to establish target dates for meeting the
requirements of Subpart E well before compliance with Subpart E would
be required. Further, the implementation plan must determine an overall
SMS implementation timeline as well as dates for completion of updates
to the ACM and, where applicable, the SMS Manual.
The proposal takes a two-pronged approach to implementation based
on the scale of operations at the certificated airport and provides
ample time for airports to conform to the SMS requirement. The FAA
learned during the first pilot study that many larger airports were
able to complete their gap analysis and develop the SMS Manual and
Implementation Plan within six months. However, during the second pilot
study with smaller certificated airports, many airports were not able
to successfully complete their gap analysis and manual within that
timeframe. Based on this experience, the FAA has determined that six
months is adequate time for Class I airports to develop a plan of how
the airport will develop and implement an SMS. Similarly, the FAA has
determined that nine months is adequate time for Class II, III, and IV
airports to develop an implementation plan. These implementation plans
should detail the steps the airport will take to develop an SMS taking
into account the unique operating environment of the airport. Based on
projections from the pilot study airports, the FAA has determined that
the implementation process should be completed within 18 months for a
Class I airport and within 24 months for a Class II, III, and IV
airport.
Based on findings from the pilot study, the FAA has determined that
all components of an SMS are interrelated and must be implemented at
the same time for an SMS to be effective. The FAA requests comments on
the proposed implementation requirements and timeframes. If you believe
the FAA should adopt a phased-in approach for the SMS components,
please provide specific recommendations for how the requirements could
be phased in and analysis of the effect on implementation costs and
corresponding postponement of safety benefits.
The FAA also proposes to remove paragraph (c) of Sec. 139.101
because the implementation schedule for submitting a new Airport
Certification Manual (ACM) under that section is no longer applicable.
Further, the FAA intends to publish any accompanying Advisory
Circulars prior to the final rule and widely communicate the
requirements to airports through the various industry organizations and
FAA airport conferences.
FAA's Role and Oversight
An SMS is not a substitute for compliance with FAA regulations or
FAA oversight activities. Rather, an SMS would ensure compliance with
safety-related statutory and regulatory requirements. An SMS enhances
the FAA's ability to understand the safety of airport operations
throughout the year, and not just when an FAA inspector is physically
on the airfield.
During an airport's periodic inspection, the FAA envisions an
inspector reviewing the certificate holder's ACM to ensure that the SMS
requirements are clearly identified and detailed in the ACM or
referenced SMS Manual. The inspector would verify through airport
records, interviews, and other means that the SMS is being
communicated, training is being provided, and senior management is
actively engaged in the management and oversight of the SMS. The FAA
intends this review as an evaluation of whether a certificate holder's
SMS is functioning as it is intended to function rather than as a means
for us to second guess a certificate holder's decisions. However, if
during the course of an inspection, these processes are determined to
have failed in discovering discrepancies with part 139 or have created
new discrepancies, the FAA would take appropriate action to ensure the
airport corrects these non-compliant conditions.
The following examples detail possible inspector activity, but this
proposal does not limit any FAA inspection authority. An FAA inspector
may review safety meeting minutes and sign-in sheets to verify whether
members of the airport's management team are regularly attending.
Additionally, an FAA inspector may request to see SRM documentation to
determine whether acceptance of a given risk is being performed by the
appropriate level of management. An inspector may also verify whether
mitigations are being implemented, which is a clear indicator of the
effectiveness of the airport's SRM and safety assurance components. As
for verification of safety promotion, the inspector may review training
records, training curricula, and the methods of communicating critical
safety information throughout the airport organization and to key
stakeholders.
If a certificate holder decided to extend the umbrella of its SMS
to landside operations beyond the scope of this proposal, the FAA's
oversight and inspection authority would extend only to those areas
envisioned by this proposal.
The FAA has determined that an SMS is a valuable set of tools for
improving safety at airports. However, an SMS does not replace part 139
requirements. An SMS would serve as an enhancement to those technical
standards already required under part 139, and the FAA will continue to
inspect according to part 139 standards. Additionally, the FAA will
promulgate prescriptive regulations as appropriate.
Safety management systems for the aviation industry are still
developing. However, the FAA believes now is the time to begin
developing and implementing SMS requirements because of their benefits
to aviation safety. The FAA recognizes that future rulemaking may be
required to capture safety developments, connect to related
regulations, and avoid duplication of SMS requirements for various
industry sectors.
The FAA is considering rulemaking that would establish SMS
requirements for other segments of the aviation industry. The FAA
requests comments on the interaction between this proposed rule and
potential future rulemakings. The FAA also requests comments on which
portions of this proposed rule should be adopted for any potential SMS
requirements. Finally, the FAA requests comments on whether there are
other issues or principles not
[[Page 62018]]
included in this proposal that the FAA should consider in issuing a
final rule.
Rulemaking Analyses and Notices
Paperwork Reduction Act
This proposal contains a revision of a currently approved
collection of information (OMB-2120-0675) subject to review by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3507(d)). The title, description, and number of
respondents, frequency of the collection, and estimate of the annual
total reporting and recordkeeping burden are shown below.
Title: Safety Management System for Certificated Airports.
Summary: The FAA proposes to revise current part 139 to require
certificated airports to establish a safety management system (SMS). An
SMS is a formalized approach to managing safety that includes an
organization-wide safety policy, formal methods of identifying
potential hazards, formal methods for analyzing and mitigating
potential hazards, and an organization-wide emphasis on promoting a
safety culture.
Use of: Each airport would be able to develop its SMS based on its
own unique operating environment. Because airport management can tailor
its system, the FAA expects an SMS comprised of four key components:
Safety Policy, Safety Risk Management, Safety Assurance, and Safety
Promotion. An airport would establish and maintain records that
document Safety Risk Management processes; report pertinent safety
information and data on a regular basis; record training by each
individual that includes, at a minimum, a description and date of
training received; and, set forth an implementation plan.
The following information lists estimated initial and annual hours
respondents would need to comply with the proposed part 139 SMS
reporting and recordkeeping and cost requirements:
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