Legal Issues Related to Implementation and Operation of SMS for Airports (2018) / Chapter Skim
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4 appear appropriate."5 These provisions do not affirmatively obligate the United States to impose any particular set of safety or SMS regulations on airport sponsors, but rather to strive for international uniformity based on standards set forth by ICAO. By that same token, it is important to recognize that ICAO does not itself mandate any specific requirements directly for airport sponsors, but rather publishes policies and procedures for its member states to use as guidelines for adopting regulations for operators under their jurisdiction.
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5 providers like airports."15 FAA again noted its views on the ICAO standards, stating that it "supports harmonization with international standards and has worked to make FAA aviation safety regulations consistent with ICAO standards and recommended practices."16 While the draft updated Advisory Circular has more detailed and precise recommendations than its predecessor, it has never been finalized or implemented by FAA, and contains a placeholder reference to the future Federal Register notice on SMS regulatory requirements,17 suggesting that FAA may wait to finalize the revisions until the rulemaking process is complete.
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6 D FAA Pilot Programs Beginning in April 2007, FAA piloted SMS development at a number of certificated airports in two phases, first focusing on larger airports and then on small-to-medium airports.26 According to FAA, "[t]
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7 Research Digest, but it is important to note that (1) Bannard's report deals with theoretical legal issues and does not reflect any study of actual legal issues encountered by airports implementing SMS, and (2)
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8 a. SMS Implementation Plan and Manual Under the NPRM, FAA proposed that airport sponsors would be required to submit an SMS implementation plan and SMS Manual to FAA for approval.56 The implementation plan would be required to "accurately describe[]
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9 safety issues.66 As with the accountable executive, the concept of a confidential reporting system is likely to survive in any final SMS rule. Airport sponsors have expressed significant concern about the practical implementation of such a system but have not objected to the principle that SMS requires a single point of reporting and that reporting should carry at least some level of confidentiality.
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