The final day of June’s FAA-EASA International Safety Conference was all about Safety Management Systems. No surprise: SMS has the aviation world’s attention as the go-to fix for production issues and operator management. While repair stations working solely under the FAA’s jurisdiction have so far been spared direct applicability under part 5, many outside the United States face existing CAA mandates.
EASA has been clear about its intent to extend requirements to American facilities with European approval. During the week of the Conference, that intent became a calendar date: December 31, 2025. The compliance deadline was set for the end of next year both from the stage at Washington’s Fairmont Hotel and in a June 11 FAA Information for Operators (InFO). The InFO describes the FAA’s recent amendment to 14 CFR part 5 as introducing a “significant difference” between the American and European aviation safety regulatory systems. It then claims the FAA and EASA have established a new special condition under their bilateral agreement:
“This special condition requires FAA certificated repair stations located in the U.S. seeking initial approval or renewal of EASA Part-145 certification to establish, implement, and maintain an SMS,” the InFO said. “Participation with the FAA Voluntary SMS Program is deemed acceptable as a means to comply with the new requirement. The deadline for implementation of this requirement is December 31, 2025.”
Despite the InFO’s declaration, the June 20 release of change 9 to the FAA-EASA Maintenance Annex Guidance does not include an SMS requirement. Governments cannot create compliance requirements by speaking at an event or writing guidance, only through issuance of new regulation or, in this case, a special condition under the bilateral agreement.
Understanding the regulatory reality that no compliance requirement exists as of this writing (although, ARSA has heard that MAG change 10 is in the offing), practicality recognizes SMS is coming. The Conference announcement and InFO publication set off an 18-month countdown. As with other announcements of European arrivals (remembering Paul Revere’s April 1775 ride), hearing “the SMS is coming!” should not surprise the industry.
Absent the specifics of a special condition, compliance with the FAA’s Voluntary Program is expected to meet the standards set for EASA. ARSA and its trade association allies will push to clarify the regulatory details. U.S. repair stations with EASA approval under the bilateral should use available time to align current quality systems with emerging SMS requirements. The Voluntary Program Standard can be found in FAA Order 8900.1, Vol. 17, Ch. 2:
5.3 General Requirements.
(a) Any [Certificate Holder] required to have an SMS under this Standard must submit the SMS to the Administrator for acceptance. The SMS must be appropriate to the size, scope, and complexity of the [Certificate Holder’s] operation and include at least the following components:
(1) Safety policy in accordance with the requirements of subpart B of this Standard;
(2) Safety Risk Management (SRM) in accordance with the requirements of subpart C of this Standard;
(3) Safety Assurance (SA) in accordance with the requirements of subpart D of this Standard; and
(4) Safety promotion in accordance with the requirements of subpart E of this Standard.
(b) The SMS must be maintained in accordance with the recordkeeping requirements in subpart F of this Standard.
(c) The SMS must ensure compliance with the relevant regulatory standards in 14 CFR Chapter I.
While reviewing the referenced subparts of the standard, repair stations must consider the Voluntary Program’s outline against existing part 145 quality system requirements. Demonstrating SMS compliance will be an exercise in integrating programs rather than “bolting on” a new manual.
A repair station need not create an SMS out of whole cloth. Instead, it must address the human factors management aspects of the system and find tools that cover gaps. Every maintenance facility needs to assess its current resources against the bottom-line standards associated with the standard spelled out in 8900.1.
While industry members determine the best approach for their businesses, ARSA will support impacted repair stations by:
(1) Working with regulators to push for smooth integration of SMS requirements into current quality systems.
(2) Continuing to facilitate use of the SMS tools managed by the Aircraft Electronics Association.
(3) Updating the association’s Model RSQM Compilation to include SMS elements.
(4) Handling confusion by providing clear information regarding compliance with EASA expectations and implementation dates.
