FAA ISSUES NPRM ON INSTALLATION AND OPERATION OF FLIGHTDECK PHYSICAL SECONDARY BARRIERS FOR PART 121 SERVICE
September 14, 2022
On August 1, 2022, FAA issued a notice of proposed rulemaking (“NPRM”) regarding the implementation of a mandate based on the FAA Reauthorization Act of 2018, which would require the installation and use of an installed physical secondary barrier (“IPSB”) on certain aircraft operated by air carriers operating under 14 C.F.R. Part 121. If adopted, the rule would only apply to operators conducting passenger-carrying operations in the U.S. with transport category airplanes and would require these carriers to use the IPSB as part of their procedures for opening the flightdeck door.
Use of the IPSB is intended to protect the flightdeck from unauthorized intrusion when the flightdeck door is opened. For example, the IPSB would be required to be capable of resisting intrusion and meeting certain physical standards while still allowing line-of-sight visibility between the flightdeck door and the cabin. The proposed rule would also require that the IPSB be deployed (i.e., closed and locked) whenever the flightdeck door is opened while the airplane is in flight. Notably, the rule would not be applicable to Part 129 operations of foreign carriers that operate within the U.S. or solely outside of the U.S. using U.S. registered airplanes. Lastly, the proposed rule would apply to transport category airplanes manufactured two years after the effective date of a final rule. The FAA has defined the date of manufacture as the date on which an inspection record shows that an aircraft is in a condition for safe flight. Comments on the NPRM are due by September 30, 2022.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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