July/August 2024 - 5

A R S A INS IG H T
Putting the Deadline
Before the Requirement
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
By Brett Levanto
Brett Levanto is
vice president
of operations of
Obadal, Filler,
MacLeod & Klein,
P.L.C. managing
firm and client
communications
in conjunction with
regulatory and
legislative policy
initiatives. He
provides strategic
and logistical
support for the
Aeronautical Repair
Station Association.
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.
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July/August 2024

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