[Federal Register Volume 68, Number 68 (Wednesday, April 9, 2003)]
[Rules and Regulations]
[Pages 17514-17517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8735]



[[Page 17513]]

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Part V





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 121



Flightcrew Compartment Access and Door Designs; Final Rule

  Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Rules 
and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. FAA-2001-10770; SFAR 92-5]
RIN 2120-AH97


Flightcrew Compartment Access and Door Designs

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action supersedes Special Federal Aviation Regulation 
(SFAR) 92-4, which was published on March 19, 2002, to allow operators 
to quickly modify the flightcrew compartment door to delay or deter 
unauthorized entry to the flightcrew compartment. This action 
temporarily authorizes variances from existing design standards for the 
doors and certain operational rules associated with the modifications. 
It allows for approval for return to service of modified airplanes 
without prior approved data if the modification constitutes a major 
alteration. This action prohibits the possession of flightdeck 
compartment door keys by other than the flightcrew during flight, 
unless the flightdeck door has an internal flightdeck locking device 
installed, operative, and in use. This action extends regulatory relief 
for all-cargo transport category airplanes and a limited number of 
passenger airplanes beyond April 9, 2003.

DATES: This action is effective April 9, 2003 and shall remain in 
effect until rescinded.

FOR FURTHER INFORMATION CONTACT: Dave Rich, Certification Procedures 
Branch, Aircraft Certification Service, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-7141; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

Availability of This Action

    You can get an electronic copy of this document from the Internet 
by taking the following steps:
    (1) Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) Web page (http://dms.dot.gov/search).
    (2) On the search page, type in the last five digits of the docket 
number shown at the beginning of this document. Click on ``search.''
    (3) On the next page, which contains the docket summary 
information, click on the item you want to see.
    You can also get an electronic copy using the Internet through the 
FAA's Web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the 
Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Ave., SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number or SFAR number of this rulemaking.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information advice about compliance with statutes and regulations 
within the FAA's jurisdiction. Therefore, any small entity that has a 
question regarding this document may contact its local FAA official. 
Internet users can find additional information on SBREFA on the FAA's 
Web page at http://www.faa.gov/avr/arm/sbrefa.htm and send electronic 
inquiries to the following Internet address: [email protected].

Background

    The September 11, 2001, hijacking events demonstrated that some 
persons are willing to hijack airplanes and use them as weapons against 
the citizens of the United States. This safety and security threat was 
not anticipated and, therefore, not considered in the design of 
transport airplanes. The hijackings made clear the critical need to 
improve the security of the flightcrew compartment.
    On November 16, 2001, Congress enacted the Aviation and 
Transportation Security Act, Pub. L. 107-71. Section 104(a)(1)(B) of 
the Act requires the FAA to issue an order requiring the strengthening 
of the flightdeck door and locks on certain passenger carrying 
airplanes.

Flightcrew Compartment Door Designs

    Flightcrew compartment doors on transport category airplanes have 
been designed principally to ensure privacy, so pilots could focus 
their entire attention on their normal and emergency flight duties. The 
doors have not been designed to provide an impenetrable barrier between 
the cabin and the flightcrew compartment. Doors have not been required 
to meet any significant security threat, such as small arms fire or 
shrapnel, or the exercise of brute force to enter the flightcrew 
compartment.
    Besides affording an uninterrupted work environment for the 
flightcrew, flightcrew compartment doors often must meet other 
important safety standards. Should there be a sudden decompression of 
the airplane, separate compartments within the airplane, like the cabin 
and the crew compartments, must be designed so that the pressure 
differential that is created does not compromise the basic airplane 
structure. Certification standards require that airplane designs 
provide a method to compensate for decompression in a manner that 
avoids significant damage to the airplane. In many cases, flightcrew 
compartment doors provide the pressure compensation by being vented or 
swinging open to equalize the pressure between the cabin and the 
flightcrew compartment.
    In addition, design standards require that the flightcrew have a 
path to exit the flightcrew compartment in an emergency, if the cockpit 
window exits are not usable. Flightcrew compartment doors have been 
designed to provide this escape path. But this escape feature may also 
enable easier unauthorized entry into the flightcrew compartment from 
the cabin.
    Operating regulations, in particular Sec.  121.379(b) in the case 
of a major alteration, require the work to be done in accordance with 
technical data approved by the Administrator. Operating regulations for 
airlines also require that each crewmember have a key readily available 
to open doors between passengers and an emergency exit. Some airlines 
issue flightcrew compartment door keys to all their crewmembers. This 
allows flight attendants to enter the flightcrew compartment and assist 
the flightcrew in an emergency, such as incapacitation of a flight 
crewmember. But it also offers an opportunity for an individual to 
overpower or coerce a flight attendant, take away the key, and enter 
the flightcrew compartment.
    This SFAR authorized a temporary period during which non-compliance 
with design requirements were allowed when improvements to flightcrew 
compartment security were made. In addition, the FAA waived procedural 
requirements applicable to major alterations (Sec.  121.379(b)), the 
approval of service information and requirements for production of 
parts for door modifications.

[[Page 17515]]

Prior Versions of SFAR 92

    Original SFAR 92 was published on October 9, 2001, and allowed all 
part 121 passenger carrying operators to install flightcrew compartment 
door improvements. It allowed airframe manufacturers and modifiers to 
produce service information without separate FAA approval to assist 
operators in developing modifications to improve intrusion resistance 
to the flightcrew compartment. The SFAR included a provision that 
overrode the requirement for parts production approval in support of 
door reinforcement activities. Should any of the changes to the door 
constitute a major alteration, the SFAR relieved the operator of having 
to obtain prior approval of the data. In addition to the above changes, 
the FAA also believed it was prudent to eliminate the ability of 
intruders to gain access by obtaining a flight attendant's key. For 
that reason, the SFAR temporarily changed the requirement in Sec.  
121.313(g) by stating that only flight crewmembers, and not cabin 
crewmembers, would have flightcrew compartment keys during flight.
    SFAR 92-1, published on October 17, 2001, extended the SFAR to 
cargo airplane operators.
    As mentioned above, SFAR 92 temporarily changed section 121.313(g) 
to prohibit the possession of flightdeck keys by non-flightdeck 
crewmembers. SFAR 92-2, published on November 21, 2001, modified the 
prohibition to allow possession of the key under certain limited 
circumstances.
    When SFAR 92 was originally issued, and subsequently revised, the 
FAA expected that flightdeck modifications would be made as soon as 
possible. While this was the case for the substantial majority of 
operators, not all had accomplished the short-term modifications. 
Therefore, on January 15, 2002, SFAR 92-3 was published to mandate 
installation of the internal locking devices. This revision also 
expanded the modification authority to U.S. registered, transport 
category airplanes that are operated under part 129, foreign 
operations.
    SFAR 92-4 was published on March 19, 2002, to extend the authority 
to return airplanes to service without previously approved data past 
the previously established April 22, 2002 date. This revision to the 
SFAR explicitly stated that operational requirements in sections 
121.313(h) and 121.583(b)(1) and (2) are waived if a conflict exists 
when internal locks are installed and used. The introductory language 
of paragraph 2 was also revised to address airplanes that are 
registered in another country, but operated by a part 121 certificate 
holder.

Other Rulemaking

    In parallel with SFAR 92, the FAA issued an immediately adopted 
rule (IAR) setting new design standards for flightdeck doors in 14 CFR 
part 25 (Amendment Nos. 25-106 and 121-288, 67 FR 2118, January 10, 
2002). These new standards enhance resistance to blunt force and 
ballistic intrusion. In addition, the IAR requires all airplanes 
required to have a door under section 121.313(f), as well as all-cargo 
transport category airplanes that have flightdeck doors installed on or 
after January 15, 2002, to have a door meeting the new design 
standards. The stronger doors must be installed not later than April 9, 
2003. Doors meeting the new design standards will replace the doors 
reinforced under this SFAR.

SFAR 92-5

    This SFAR is being extended to address two circumstances. One is a 
response to recent legislation limiting the application and enforcement 
of requirements for reinforced doors on cargo airplanes. The other is 
the need for continued relief for a limited number of passenger 
operators.
    Section 355 of the recently adopted Consolidated Appropriations 
Resolution (Pub. L. 108-7) limited the FAA's ability to apply and 
enforce the new reinforced door standards for cargo airplanes. As a 
result, cargo operators will not be subject to the April 9, 2003 
deadline for installation of reinforced doors. However, cargo operators 
have installed internal locking devices under the requirements and 
authority of this SFAR. We expect that cargo operators who have such 
devices will want to continue to use them after April 9, 2003, even if 
they choose not to install a reinforced door. As described above, 
expiration of the SFAR on April 9, 2003, will limit or eliminate the 
authority for cargo operators to continue to use these devices. To 
avoid this decrease in security, the SFAR is extended to continue the 
authority for these devices on cargo airplanes. The new expiration date 
of September 30, 2003, was selected to correspond with the expiration 
date of the Resolution.
    Passenger operators have made great strides in meeting the April 9, 
2003, deadline for installation of reinforced doors. As a part of the 
installation process, and to adopt improved security expeditiously, 
some operators installed doors that meet the strength requirements 
prior to formal certification approval. These installations are 
possible because SFAR 92 waived otherwise applicable certification 
processes.
    We expect that all passenger operators will have reinforced doors 
on their airplanes by April 9, 2003. But some doors may not have formal 
certification approval by that date. As presently written, SFAR 92-4 
will expire on April 9, 2003. If it expires, operators will lose the 
ability to operate with reinforced doors that lack certification 
approval. If this were to happen, the operators would be penalized even 
though doors capable of deterring terrorists are in place.
    To avoid this result, the SFAR is being extended to July 31, 2003, 
provided certain criteria are met. July 31, 2003, is selected because 
we believe that all projects that will qualify for approval will have 
approval by that date. To take advantage of this extension,
    (1) Passenger operators must have installed reinforced doors before 
midnight April 9, 2003.
    (2) The FAA must have determined before midnight April 9, 2003, 
that those doors meet the updated intrusion resistance standards of 14 
CFR 25.795(a)(1) and (2).
    (3) A formal application for certification approval of the door 
must have been submitted to the FAA before March 10, 2003.
    These criteria should assure that operators and door producers have 
made a good faith effort to meet the reinforced door requirement. Once 
these criteria have been satisfied, operators can continue to operate 
until the final certification approval is issued.
    Applicants and operators must recognize that compliance with all 
airworthiness standards is essential. For example, some applicants have 
been unable to demonstrate compliance with the decompression standards 
of Sec.  25.365. Based on their progress to date, it is not clear that 
they will ultimately be able to do so. Unless these designs can be 
shown to comply with all airworthiness standards by the extended 
deadline provided by this SFAR, operators will be required to replace 
these doors with doors that have been shown to comply with all 
applicable standards. Operators who are aware that their doors are 
unlikely to be approved must procure doors from other approved sources 
in sufficient time to comply with Sec.  121.313(j) by July 31, 2003, 
the extended deadline for this SFAR.

Justification for Immediate Adoption

    The SFAR is scheduled to expire on April 9, 2003. There is 
insufficient time to solicit comment on this proposal.

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Because the circumstances described herein warrant immediate action by 
the FAA, the Administrator finds that notice and public comment under 5 
U.S.C. 553(b) are impracticable and contrary to the public interest. 
Further, the Administrator finds that good cause exists under 5 U.S.C. 
553(d) for making this final rule effective immediately upon 
publication. This action is necessary to prevent a possible imminent 
hazard to airplanes and to protect persons and property within the 
United States.
    Additionally, with respect to the provisions requiring 
modifications to strengthen the flightdeck doors and locks, Pub. L. 
107-71 authorized the Administrator to issue an order without regard to 
the provisions of chapter 5 of Title 5 of the United States Code. The 
modification to section 121.313 contained in this SFAR is within the 
scope of this authority and is adopted without public notice and a 
prior opportunity to comment.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to this SFAR.

Paperwork Reduction Act

    This emergency final SFAR contains information collection 
activities subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)). In accordance with section 3507(j)(1)(B) of that statute, the 
FAA requested the Office of Management and Budget to grant an immediate 
emergency clearance on the paperwork package. OMB granted an emergency 
clearance and assigned OMB control number 2120-0674. As protection 
provided by the Paperwork Reduction Act, an agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. 
Following is a description of the information collection burden 
associated.
    Title: Flightcrew Compartment Access and Door Designs
    Summary/Need: The SFAR required operators to submit a report to the 
FAA by February 15, 2002, that details the specific modifications. This 
will allow the FAA to monitor what has been installed and take action 
if the installation creates an unwarranted safety risk. Further, to 
monitor progress toward the goal of full compliance, the SFAR requires 
a report by April 22, 2002, that describes how the operator will come 
into full regulatory compliance.
    Respondents: The respondents are an estimated 135 airplane 
operators covered under 14 CFR parts 121 and 129.
    Burden: The burden associated with this SFAR is 6480 hours.

Regulatory Evaluation

    This rulemaking action is taken under an emergency situation within 
the meaning of Section 6(a)(3)(D) of Executive Order 12866, Regulatory 
Planning and Review. It also is considered an emergency regulation 
under Paragraph 11(g) of the Department of Transportation (DOT) 
Regulatory Policies and Procedures. In addition, it is a significant 
rule within the meaning of the Executive Order and DOT's policies and 
procedures. No regulatory analysis or evaluation accompanies the final 
rule; however, both DOT and OMB have reviewed this rulemaking. At this 
time, the FAA is not able to assess whether this final rule will have a 
significant impact on a substantial number of small entities as defined 
in the Regulatory Flexibility Act of 1980, as amended. However, we will 
be conducting a regulatory evaluation of the cost and benefits of this 
rulemaking, including any impact on small entities, at a later date.

Executive Order 13132, Federalism

    The FAA has analyzed this SFAR under the principles and criteria of 
Executive Order 13132, Federalism. We have determined that this action 
will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we have determined that this final rule does not 
have federalism implications.
    Also, the Regulatory Flexibility Act does not require the 
preparation of a regulatory flexibility assessment on a rule not 
required to be issued as a Notice of Proposed Rulemaking (NPRM) under 
the Administrative Procedure Act.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub. 
L. 104-4 on March 22, 1995, is intended, among other things, to curb 
the practice of imposing unfunded Federal mandates on State, local, and 
tribal governments. Title II of the Act requires each Federal agency to 
prepare a written statement assessing the effects of any Federal 
mandate in a proposed or final agency rule that may result in a $100 
million or more expenditure (adjusted annually for inflation) in any 
one year by State, local, and tribal governments, in the aggregate, or 
by the private sector; such a mandate is deemed to be a ``significant 
regulatory action.'' This SFAR does not contain such a mandate. 
Therefore, the requirements of Title II of the Unfunded Mandates Reform 
Act of 1995 do not apply.
    Also, the Regulatory Flexibility Act does not require the 
preparation of a regulatory flexibility assessment on a rule not 
required to be issued as a Notice of Proposed Rulemaking (NPRM) under 
the Administrative Procedure Act.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j) this rulemaking action qualifies for a 
categorical exclusion.

Energy Impact

    The energy impact of this SFAR has been assessed in accordance with 
the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as 
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined 
that this SFAR is not a major regulatory action under the provisions of 
the EPCA.

List of Subjects in 14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Charter flights, 
Reporting and recordkeeping requirements, Safety, Transportation.

The Amendment

0
For the reasons set forth above, the Federal Aviation Administration 
amends 14 CFR part 121 as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1153, 40113, 40119, 41706, 44101, 
44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 
44903-44904, 44912, 46105.

SFAR No. 92-4 [Removed]

0
2. Remove Special Federal Aviation Regulation No. 92-4.
0
3. Add Special Federal Aviation Regulation (SFAR) 92-5 to read as 
follows:

[[Page 17517]]

Special Federal Aviation Regulations No. 92-5--Flightcrew Compartment 
Access and Door Designs

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
applies to all operators that hold an air carrier certificate or 
operating certificate issued under 14 CFR part 119 and that conduct 
operations under this part 121 and to operators of U.S. registered 
transport category airplanes operated under 14 CFR part 129, except 
paragraph 5 of this SFAR does not apply to cargo operations and 14 CFR 
part 129 operations. It applies to the operators specified in this SFAR 
that modify airplanes to improve the flightcrew compartment door 
installations to restrict the unwanted entry of persons into the 
flightcrew compartment. This SFAR also applies to production 
certificate holders and applicants for airworthiness certificates for 
airplanes to be operated by operators specified in this SFAR, and 
producers of parts to be used in modifications of such airplanes.
    2. Regulatory Relief. Contrary provisions of this part 21, and 
Sec. Sec.  121.313(h), 121.153(a)(2), 121.153(c), 121.379(b), 
121.583(b)(1) and (2) and 14 CFR 129.13 notwithstanding:
    (a) An operator may operate airplanes modified to improve the 
flightcrew compartment door installations to restrict the unauthorized 
entry of persons into the flightcrew compartment without regard to the 
applicable airworthiness requirements and may modify those airplanes 
for that purpose, using technical data not previously approved by the 
Administrator, subject to the following conditions:
    (i) Not later than February 15, 2002, submit to the Director, 
Aircraft Certification Service, a detailed description of the changes 
to the airplane that have been accomplished before that date to enhance 
the intrusion resistance of the flightcrew compartment including 
identification of what major alterations have been done without 
previously approved data.
    (ii) If, upon reviewing the data submitted in paragraph 2(a)(i) of 
this SFAR, the Administrator determines that a door modification 
presents an unacceptable safety risk, the FAA may issue an order 
requiring changes to such modifications.
    (b) An applicant for an airworthiness certificate may obtain such a 
certificate for modified airplanes to be operated by operators 
described in this SFAR.
    (c) A holder of a production certificate may submit for 
airworthiness certification or approval, modified airplanes to be 
operated by operators described in this SFAR.
    (d) A person may produce parts for installation on airplanes in 
connection with modifications described in this SFAR, without FAA parts 
manufacturer approval (PMA).
    3. Report of Modifications. Not later than April 22, 2002, all 
operators who are required to install flightdeck door modifications in 
accordance with 14 CFR 121.313(j) must submit a report to the Director, 
Aircraft Certification Service. The report must describe the 
modifications to be made and provide a schedule for the changes 
necessary to restore compliance with all applicable airworthiness 
requirements and to meet the requirements of 14 CFR 121.313(j). The 
schedule may not extend beyond the termination date of this SFAR.
    4. Return to Service Documentation. Where operators have modified 
airplanes as authorized in this SFAR, the affected airplane must be 
returned to service with a note that it was done under the provisions 
of this SFAR.
    5. Provision for Flightdeck Door Compartment Key. Contrary to 
provisions of Sec.  121.313(g), the following provision applies: A key 
for each door that separates a passenger compartment from an emergency 
exit must be identified to passengers in the briefing required by Sec.  
121.571(a)(1)(ii). The key required for access to the emergency exit 
must be readily available for each crewmember. No key to the flightcrew 
compartment shall be available to any crewmember during flight, except 
for flight crewmembers, unless an internal flightdeck locking device 
such as a deadbolt or bar is installed, operative, and in use.
    6. Door Modification Requirement. After March 1, 2002, for each 
airplane required under Sec.  121.313(f) to have a door between the 
passenger and pilot compartments, and for transport category all-cargo 
airplanes that have a door installed between the pilot compartment and 
any other occupied compartment on or after January 15, 2002, such door 
must be equipped with an internal locking device installed, operative, 
and in use. Such internal locking device has to be designed so that it 
can only be unlocked from inside the flightdeck.
    7. Termination. For all-cargo transport category airplanes, this 
SFAR terminates on October 1, 2003. For passenger airplanes, this SFAR 
expires on April 9, 2003, except for airplanes meeting the criteria 
specified in paragraphs 7.a, b, and c, below. For airplanes meeting 
these criteria, this SFAR expires on July 31, 2003.
    a. Before midnight April 9, 2003, the operator must have installed 
a strengthened flightdeck door meeting the requirement of paragraph 
7.b;
    b. Before midnight April 9, 2003, the FAA must have found that the 
door complies with 14 CFR 25.795(a)(1) and (2) in effect on January 15, 
2002; and
    c. Before March 10, 2003, a formal application for certification 
approval of the door must have been submitted to the FAA.

    Issued in Washington, DC, on April 4, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-8735 Filed 4-7-03; 9:17 am]
BILLING CODE 4910-13-P