MARPA Files Formal Comments on Safety Management and on Systems Safety

MARPA has filed formal comments on two recent rulemaking activities:

• Safety Management Systems (April 11, 2023)

• System Safety Assessment (April 24, 2023)

MARPA filed comments two weeks ago on the Safety Management Systems (SMS) notice of proposed rulemaking (NPRM). The proposed SMS rule did not include PMA holders.  Recognizing that some MARPA members have expressed a desire to adopt SMS programs, MARPA asked the FAA to endorse and develop a voluntary SMS program for those civil aviation businesses that are outside the scope of the proposed SMS regulations and who wish to adopt such a program. We pointed out that such a program could be a follow-on from the existing FAA voluntary SMS program or could follow a third-party accreditation model (such as the pattern established by FAA AC 00-56B).  MARPA expressed concerns about an impact on international trade.  MARPA explained that if foreign authorities required their own SMS regulations as a condition of market entry, this could limit the positive reliability and safety impact that PMA offers.  To address this, MARPA asked the FAA to use its bilateral relationships to secure international recognition of such a voluntary program (to ensure that operators can gain the benefits of PMA parts in the global aviation system).

The Systems Safety comments examined a new set of airworthiness standards that the FAA is proposing to add to Part 25. It is ambiguous whether the new standards are meant to increase the analysis required for STC and PMA applicants seeking approvals related to Part 25 aircraft. Part of the reason for this ambiguity was that the cost-benefit analysis claimed that it did not apply to small businesses (many PMA and STC applicants are small businesses) but the plain language of the rule did not limit the applicability. You can contrast this with a set of rules like those in Part 26 which have a very definite limit to their applicability). MARPA sought better clarification on the applicability to PMA and STC applicants, and asked for the cost-benefit analysis and Rregulatory Flexibility Act analysis to be updated to reflect this applicability. MARPA filed these comments earlier today.