Summary: This final rule, enacted by the Federal Aviation Administration (FAA), implements Section 336 of the FAA Reauthorization Act of 2018. It mandates the installation of Installed Physical Secondary Barriers (IPSBs) on newly manufactured passenger-carrying airplanes operating under 14 CFR part 121 (domestic, flag, or supplemental).
Source: Federal Register :: Installation and Operation of Flightdeck Installed Physical Secondary Barriers on Transport Category Airplanes in Part 121 Service (88 FR 41295) - June 26, 2023.
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Key Themes and Ideas:
1. Enhancing Flightdeck Security:
* The primary objective is to enhance flightdeck security during door transition periods (lavatory breaks, meal service, crew changes) when vulnerability to unauthorized intrusion exists.
* IPSBs aim to "slow the time by which an unauthorized person could reach the flightdeck by at least the time required to open and reclose the flightdeck door." (Report, pp. 33-34)
2. Applicability and Scope:
* Applies to newly manufactured passenger-carrying airplanes operating under part 121, excluding all-cargo and private-use airplanes.
* Explicitly excludes retrofitting existing airplanes.
* Does not apply to airplanes operating under part 129 (foreign carriers) due to lack of international consensus.
3. Design and Performance Standards:
* New § 25.795(a)(4) outlines design standards for IPSBs, including resistance to static loads, intrusion delay time, prevention of reach-through access, allowance for crew activities, and line-of-sight visibility.
* The rule is performance-based, permitting diverse designs that meet the specified criteria.
4. Compliance Time and Implementation:
* Effective date of the rule is August 25, 2023.
* Airplanes manufactured two years after the effective date must be equipped with IPSBs.
* A two-year compliance time allows manufacturers to integrate IPSBs into new airplane designs.
5. Cost-Benefit Analysis and Alternatives:
* Estimated cost for IPSB purchase and installation: $35,000 per airplane (ARAC Report).
* Total present value costs of the rule estimated at $236.5 million (annualized $20.3 million) at a 7% discount rate.
* Quantifying benefits is challenging due to lack of historical data on flightdeck breaches since 9/11.
* Break-even analysis suggests the rule is cost-effective if the annual probability of a successful attack is 0.66%.
* Alternatives considered, but rejected, included extending the rule to part 129 and exempting short-duration flights.
6. Public Comments and Concerns:
Public comments generally supported IPSB implementation, but various concerns were raised:
* Requests for extended compliance time for design and certification.
* Concerns about international harmonization and applicability to foreign carriers.
* Arguments for mandatory retrofitting of existing airplanes.
* Crew staffing and training concerns.
* Challenges of installing IPSBs in smaller airplanes.
* Clarification on MMEL relief for malfunctioning IPSBs.
* Adequacy of existing visual and audio devices for IPSB deployment verification.
* Cost and benefit evaluation accuracy and potential economic impact on small entities.
7. FAA Responses and Justifications:
The FAA addressed these concerns and provided justifications for its decisions:
* Two-year compliance time deemed sufficient for manufacturers.
* Retrofitting deemed outside the scope of this rule.
* No international mandate currently exists for IPSBs.
* Crew staffing requirements fall under separate regulations.
* ARAC did not recommend excluding smaller airplanes or short-duration flights.
* MEL relief will be available for inoperable IPSBs.
* Existing visual and audio procedures can be utilized for IPSB deployment verification.
* Cost-benefit analysis acknowledges difficulties in quantifying benefits but deems the rule cost-effective based on break-even analysis.
* Economic impact on small entities assessed and deemed insignificant.
8. Regulatory Notices and Analyses:
The final rule includes detailed analyses regarding its impact on various aspects:
* Regulatory Impact Analysis
* Regulatory Flexibility Act
* International Trade Impact Assessment
* Unfunded Mandates Assessment
* Paperwork Reduction Act
* International Compatibility and Cooperation
* Environmental Analysis
9. Conclusion:
This final rule marks a significant step toward enhancing flightdeck security on newly manufactured passenger-carrying airplanes. The FAA carefully considered public comments and conducted thorough analyses to justify its decisions. While challenges remain, the implementation of IPSBs aims to mitigate potential threats and contribute to a safer aviation environment.
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