NOTICE OF PROPOSED
RULE MAKING
Addition of Safety Based
Requirements for Hardened
Cockpit Doors
Proposed amendments to Part 90 of
the Civil Aviation Safety Regulations 1998
This NPRM will be of interest to:
Operators of aircraft with a certificated maximum passenger seating capacity of 30 or more.
Issued as part of the process of public consultation by
CASA’s Standards Development and Quality Assurance Branch
Document NPRM 1213CS – August 2013
PROJECT NUMBER: CS 12/15
Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors
Foreword
This Notice of Proposed Rule Making (NPRM) is issued by the Civil Aviation Safety Authority
(CASA) with a view to ensuring that Australian aviation safety requirements are current and
appropriately address safety risks.
CASA’s policies require that the aviation safety regulations must:
 be necessary to address known or likely safety risks;
 provide for the most efficient allocation of Industry and CASA resources;
 be clear and concise; and
 where appropriate, be aligned with international standards and drafted in outcome based
terms.
The proposed amendment to Part 90 of the Civil Aviation Safety Regulations 1998 (CASR 1998)
would address safety based design standards for cockpit doors that are required to be hardened for
security based reasons.
Background
Existing aircraft design standards for cockpit doors prior to 2001 never envisioned the door being
hardened. The subsequent hardening of these doors had safety consequences affecting standard
and emergency procedures, both from within the cockpit and the passenger cabin. Principally,
assistance from the cabin in times of in-flight pilot incapacitation and escape from the cockpit to
the cabin in post-crash situations were generally made more difficult.
Currently the Australian requirements for Hardened Cockpit Doors (HCD) are contained in the
Aviation Transport Security Regulations 2005 (ATSR 2005). The Office of Transport Security
(OTS) at the Department of Infrastructure and Transport is the custodian of these regulations.
ATSR 2005 contains technical standards related to the physical hardening of the door and to
security related operations of the aircraft. They do not contain requirements related to aircraft
airworthiness or maintenance.
Proposed Changes in a Page
The time-conscious reader will obtain a quick appreciation of this NPRM through the Proposed
Changes in a Page (NPRM Section 2).
A text synopsis of the proposed changes is provided as background (NPRM Section 3).
For further information about the change, refer to the CASA policy for the Part 90 of CASR
1998 at Annex A to this NPRM and the draft Advisory Circular (AC) 90-2(0) at Annex B to this
NPRM.
How you can help us
CASA is responsible under the Civil Aviation Act 1988, amongst other functions, for developing
and promulgating appropriate, clear and concise aviation safety standards. In the performance of
this function and the exercise of its powers, CASA must, where appropriate, consult with
government, commercial, industrial, consumer and other relevant bodies and organisations.
Civil Aviation Act 1988 Paragraph 9(1)(c) and Section 16
Document NPRM 1213CS
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Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors
To ensure clear and relevant safety standards, we need the benefit of your knowledge as an
aviator, aviation consumer and/or provider of related products and services by completing the
Response Form (in this NPRM or online) and returning it to CASA by 27 September 2013.
Implementation Schedule
The consultation period will finish on 27 September 2013 and the intention is to publish the
amended Part 90 of CASR 1998 as soon as possible following the consultation.
I would like to thank you for expressing interest in this proposal and emphasise that no rule
changes will be undertaken until all NPRM responses and submissions received by the closing
date 27 September 2013 have been considered.
Peter Boyd
Executive Manager
Standards Division
31 July 2013
Document NPRM 1213CS
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Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors
Contents
Contents .......................................................................................................................................... 3
Acronyms ........................................................................................................................................ 4
Definitions ....................................................................................................................................... 4
What will CASA do with your comments?.................................................................................. 5
3.1
Purpose and background of this NPRM ............................................................................ 6
3.2
Reasons for change ............................................................................................................ 6
3.3
Objective(s) ....................................................................................................................... 7
3.4
Change proposals............................................................................................................... 8
3.5
Benefits and impacts.......................................................................................................... 8
3.6
Implementation and review ............................................................................................... 9
Annex A – Proposed Policy for the Regulations – Additions to Civil Aviation Safety
Regulation (CASR) Part 90 ........................................................................................................ A1
Annex B – Draft – Proposed Advisory Circular AC 90-2(0) .................................................. B1
Document NPRM 1213CS
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Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors
Acronyms
ATSB
ATSR
CASA
CASR
EASA
FAA
FAR
HCD
NFRM
NPRM
OTS
SOR
Australian Transport Safety Bureau
Aviation Transport Security Regulations 2005
Civil Aviation Safety Authority
Civil Aviation Safety Regulations 1998
European Aviation Safety Agency
Federal Aviation Administration (USA)
Federal Aviation Regulation
Hardened Cockpit Doors
Notice of Final Rule Making
Notice of Proposed Rule Making
Office of Transport Security
Summary of Responses
Definitions
Hardened Cockpit Door means the door between the cockpit and the passenger cabin that has
design features that meet the requirements of Provision 4.68 of ATSR 2005.
Document NPRM 1213CS
Page 4 of 14
Notice of Proposed Rule Making
1.
Addition of Safety Based Requirements
for Hardened Cockpit Doors
The Consultation Process
1.1
CASA is committed to working cooperatively with the aviation industry to maintain and
enhance aviation safety. The Standards Consultative Committee (SCC) is a joint industry/CASA
forum that brings together CASA staff and representatives from a diverse range of aviation
industry organisations to involve the aviation industry formally during the development phase of
regulatory proposals. CASA and industry experts work together in SCC sub-committees and
project teams to develop regulatory material (both new regulations and amendments) and
advisory material related to the regulations.
1.2
The NPRM process is CASA’s method of notifying and seeking comment from the
aviation industry and the public with respect to the proposed regulations.
1.3
CASA is committed to working cooperatively with the aviation industry to maintain and
enhance aviation safety.
What will CASA do with your comments?
1.4
At the end of the response period for public comments, all submissions will be analysed,
evaluated and considered. Subsequent to the closing date for comments, a Notice of Final Rule
Making (NFRM) including a Summary of Responses (SOR) will be prepared and made publicly
available in conjunction with the making of the Final Rule.
1.5
CASA is required to register each comment and submission received, but will not
individually acknowledge a response unless specifically requested. However, the names of
contributors will be published in the subsequent NFRM, except where CASA is specifically
requested not to do so.
2.
Proposed Changes in a Page
2.1
The proposed amendments to Part 90 of CASR 1998 will require safety related standards
associated with HCDs.
2.2
The key proposed changes are:

to add a new subpart “Security Equipment” and associated regulations;

to provide for the ability of any flightcrew member to control access to the cockpit from
their stations whilst still being able to directly control the aircraft;

to ensure adequate standards for methods of post-crash escape from the cockpit towards
the cabin; and

to provide for return to base operation for equipment failure associated with HCDs.
Document NPRM 1213CS
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Notice of Proposed Rule Making
3.
Synopsis of Change Proposals
3.1
Purpose and background of this NPRM
Addition of Safety Based Requirements
for Hardened Cockpit Doors
3.1.1 The purpose of this NPRM is to amend Part 90 of CASR 1998 to include safety based
design standards on cockpit doors that are required to be hardened for security based reasons.
3.1.2 The aircraft design standards for cockpit doors prior to 2002 never envisioned the door
being hardened. The subsequent hardening of these doors had safety consequences affecting
standard and emergency procedures, both from within the cockpit and the passenger cabin.
Principally, assistance from the cabin in times of in-flight pilot incapacitation and escape from the
cockpit to the cabin in post-crash situations were generally made more difficult.
3.1.3 Currently the Australian requirements for HCD are contained in ATSR 2005. The OTS at
the Department of Infrastructure and Transport is the custodian of these regulations. ATSR 2005
contains technical standards related to the physical hardening of the door and to security related
operations of the aircraft. It does not contain requirements related to aircraft airworthiness or
maintenance which fall under CASA’s mandate.
3.1.4 ATSR 2005 currently requires HCD for aircraft in regular public transport or open charter
operations with a certificated maximum passenger seating capacity of 30 or more.
3.1.5 Retrofit standards for HCD world-wide consider support for an incapacitated pilot being
provided by cabin crew. However, no retrofit standard currently considers dual pilot
incapacitation. Such events are extremely rare; though most result in the loss of all lives on-board.
CASA is aware of the European Aviation Safety Agency’s (EASA) consideration of this
condition and is monitoring the outcome; however, it is not part of the scope of this project.
3.2
Reasons for change
3.2.1 CASA has inspected a number of HCD installations in aircraft, reviewed third party
analyses, and worldwide aircraft incident and accident history. CASA has concluded that the
current regulations do not ensure that the hardening of cockpit doors have had no unintended
consequences on the safe operation of transport category aircraft.
3.2.2 The CASA investigation has determined two scenarios that need to be addressed:
assistance from the cabin in times of an in-flight pilot incapacitation, and escape from the cockpit
to the cabin in post-accident situations.
3.2.3 A review of the Australian Transport Safety Bureau (ATSB) accident and incident
database was conducted to determine the prevalence of pilot incapacitation1 in Australian Air
Transport Operations:

The database revealed 83 incidents of reported single pilot incapacitation in aircraft with
30 or more seats over a 68 month period. The ATSB database covered incidents reported
by Australian operators worldwide and by foreign operators in Australian airspace. There
were no reports of dual-pilot incapacitation during this period.
1
Individuals were considered incapacitated when they could no longer perform in-flight duties, even for a short
period. It also includes pilots who recovered sufficiently to return to their duties
Document NPRM 1213CS
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Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors

Therefore over the reporting period, a pilot became incapacitated on average every 25 days
in a high capacity aircraft or low capacity aircraft with 30 or more seats.

A pilot required assistance in removing the affected crew member from the cockpit, due to
unconsciousness, approximately once every three years.
3.2.4 Given the previous points regarding single pilot incapacitation, the importance of
controlling the HCD for threat or assistance purposes is paramount. It is important that opening,
or preferably just unlocking, the door is a simple and straight forward operation.
3.2.5 To ensure flight crew can assist in an emergency evacuation of the aircraft, design
standards have required the cockpit door be designed such that crew can still enter the passenger
cabin in the event the door becomes jammed. This typically involves a quick release system for
the door or an associated frame.
3.2.6 The requirement for considering jammed doors was introduced to Federal Aviation
Regulation (FAR) 25 at Amendment 25-47 (1979). Compliance with this standard was quite often
met by proving the door was frangible and tests were conducted to prove this. As a result of
ATSR 2005, cockpit doors are no longer frangible.
3.2.7 Whilst all designs of HCD have some form of emergency release, there is evidence from
service history that HCDs have had a negative impact on non-security related safety aspects and
accident survivability:

Atlantic Airways accident, BAe 146-200, Stord Airport, Norway, 10 October 2006 2 –
After a runway overrun, the aircraft was heavily damaged and a post-impact fire
developed. In an effort to enter the passenger cabin, the Captain tried twice to open the
cockpit door after it was found jammed. This effort included trying to remove the locking
pins from the door frame. The flight crew eventually evacuated through one of the cockpit
side window exits. A cabin crew member and passenger were subsequently found behind
the cockpit door deceased from smoke inhalation.
3.2.8 Given the in-service evidence, it is imperative that the HCD has a method incorporated
into its design that ensures the door can be unjambed from the cockpit side.
3.3
Objective(s)
3.3.1 As a result of the CASA investigation, some additional airworthiness requirements are
required to mitigate the derived concerns.
3.3.2 It has been identified that the two principal areas of safety adversely affected by the
hardening of cockpit doors are flight crew compartment access and flight crew compartment
escape.
3.3.3 An amendment to Part 90 of CASR 1998 intends to include safety based requirements that
are currently included in Federal Aviation Administration (FAA) regulations but are not included
in ATSR 2005.
3.3.4 If the proposed regulations are implemented, CASA would expect operators to reassess
the ability of flight crew to egress from the cockpit to the cabin in a situation where the door
becomes jammed and the ability of the crew to overcome this obstacle. FAA policy ANM 01115-11 and Commercial and Business Aviation Advisory Circular (Transport Canada) No. 215
provide guidance that the reader may find informative.
2
http://www.aibn.no/Aviation/Reports/2012-04-eng?ref=1713
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Notice of Proposed Rule Making
3.4
Addition of Safety Based Requirements
for Hardened Cockpit Doors
Change proposals
3.4.1 Flight crew compartment access – To propose a regulation based on FAR 121.313(j)(1)(ii)
and Annex 6 Part 1, Paragraph 13.2.2 of Operation of Aircraft, to the Chicago Convention, to
require a system of access to the flight crew compartment in the event a flight crew member
should become incapacitated and have those systems accessible from each flight crew members
station. This is also in line with the proposed Regulation 26.250 of EASA Part 26.
3.4.2 Flight crew compartment escape – To propose a regulation based on FAA policy ANM
01-115-11 and as is generically stated in Annex 8 Part IIIA Paragraph 4.1.7.2 and Part IIIB
Paragraph 4.6.2 of Operation of Aircraft, to the Chicago Convention, to provide escape methods
in case the cockpit door should become jammed.
3.4.3 Note that these proposals are based similar requirements to those of other National
Aviation Authorities and ICAO Annexes. However, worldwide the applicability is varying. FAA
regulations apply to transport category aircraft in domestic, flag and supplemental operations, the
proposed EASA regulation will apply to large aeroplanes (above 5700kgs) used for commercial
air transportation, ICAO Annex 6 applies to international commercial air transport operations all
passenger-carrying aeroplanes of a maximum certificated take-off mass in excess of 45 500 kg or
with a passenger seating capacity greater than 60, and ICAO Annex 8 applies to aircraft over
5700kgs. The CASA proposal would reference the OTS provision 4.68 of ATSR 2005 for
applicability which is currently for aircraft in regular public transport or open charter operations
with a certificated maximum passenger seating capacity of 30 or more.
3.5
Benefits and impacts
3.5.1 The proposed changes would ensure with a reasonable level of confidence that access to
the cockpit can be initiated by a flight crew member requesting assistance whilst still being able
to maintain complete control of the aircraft.
3.5.2 Operators will need to assess their affected fleet to ensure safe operation of the door whilst
full control of the aircraft can be maintained by all statures of pilot.
3.5.3 The proposed changes ensure with a reasonable level of confidence that access to the
cabin can be made by flight crew members despite the door potentially being jammed.
3.5.4 Operators will need to reassess their affected fleet to ensure that if the door becomes
jammed, it can be overcome by all statures of pilot.
3.5.5 Some operators may need to make changes to procedures or physical modifications to
their aircraft to comply with these new regulations.
3.5.6 CASA has inspected a number of aircraft with hardened cockpit doors and whilst most
currently meet the proposed requirements, there are likely to be some aircraft that will be required
to fit a remote access switch for the cockpit door. Some aircraft may also require minor
modifications to the cockpit door to ensure post-crash escape.
3.5.7 The cost of installing a remote access switch will depend on the type of aircraft and the
type of switch installed. In terms of indicative costs, one aircraft operator reported to CASA that
the cost for a remote access switch was approximately $10 000, with between 130 and 187 hours
of labour to install. This indicates that the total cost could be in the order of $17 000 to $20 000
per aircraft based on an hourly wage of $53 per hour for Air and Marine Transport professionals
(ABS 2011).
3.5.8 A Regulation Impact Statement will be prepared and provided to industry for comment
Document NPRM 1213CS
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Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors
and consultation prior to any rule change, if required by the Office of Best Practice Regulation.
3.6
Implementation and review
3.6.1 Following consideration of responses to this NPRM, CASA will prepare a SOR and
provide drafting instructions to amend Part 90 of CASR 1998.
3.6.2 CASA will conduct further analysis on the extent of the impact these changes will have on
operators and pilots to ensure an adequate timeframe is given for implementation. A transition
period of 24 months is proposed to ensure operators have revised training and checking
procedures in respect to these changes. This being the case, a preliminary date for the proposed
rules coming into effect is 1 July 2015. Please note this date may change depending on the time
the draft rules are signed, registered and set to commence.
3.6.3 The monitoring and review of the new rules would be conducted on an ongoing basis
during the implementation/transition phase. Thereafter, following the commencement of the
rules, monitoring and review would be conducted on an as required basis under Government
guidelines.
Document NPRM 1213CS
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Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors
NPRM Response Form
ADDITION OF SAFETY BASED REQUIREMENTS FOR HARDENED
COCKPIT DOORS – PROPOSED ADDITIONS TO CASR PART 90
Please complete your response by 27 September 2013 and return it
by one of the following means:
Online (preferred method) casa.gov.au/newrules/ors
Fax 1800 653 897 (free call)
Post (no stamp required)
CASA Standards Development Branch
Reply Paid 2005
Canberra ACT 2601, Australia
E-mail [email protected]
* A web-based online response form is offered as an alternative to the printed form in this NPRM. Online submission is the preferred
method of sending your comments to CASA. If you are connected to the Internet, type casa.gov.au/newrules/ors into your web browser
and follow the links for this NPRM.
Your Details
Please provide relevant information below and indicate your acceptance or otherwise of the
proposal presented in this Notice of Proposed Rule Making by ticking [] the appropriate boxes.
Your name: ______________________________________
ARN* (if known):
Organisation: _____________________________________
ARN* (if known):
*Aviation Reference Number, usually your CASA-issued licence or certificate number
Address: _____________________________________________________________________________
____________________________________________________________________________________
Your telephone number (optional): ___________________ (to enable the Project Leader to contact you as necessary)
Do you consent to have your name published as a respondent to this NPRM? YES [ ] NO [ ]
Signed: …………………………………………..
Date: ………………….…
How are you responding to this questionnaire/proposal, i.e. whose views are represented in your
response?
 Private  Aviation industry
 Staff association/  Government
 Aviation business
 Other
individual
body/association
union
agency/authority/
owner/service
department/council
provider
Please advise your main involvement in aviation:
 Passenger/
 Air crew for
 Air crew for
public consumer of
passengernon-passengeraviation services
carrying activities
carrying activities
 Ground support
for passengercarrying activities
 Ground support
for non-passenger
carrying activities
 Other (specify
below*, e.g.
parachutist)
* Details: ____________________________________________________________________________
Are you satisfied with CASA’s consultation on this issue?
 Very satisfied
 Satisfied
Document NPRM 1213CS
 No opinion
 Dissatisfied
 Very dissatisfied
Page 10 of 14
Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors
Key Change Proposals (refer to NPRM Section 3)
CASA invites you to advise your comments on the subject matter proposed in this NPRM by
indicating your preference by ticking [] the appropriate box and commenting below:
Key Proposal 1: To implement ‘Flight crew compartment access’ provisions in Part 90 of CASR 1998
(See Section 3.4.1 and Annex A)
[ ] proposal is acceptable without change
[ ] changes would improve it, but it is acceptable (please provide details below)
[ ] changes would make it acceptable (please provide details below)
[ ] not acceptable under any circumstances
Comments or suggested changes (including an estimate of additional costs/impacts if applicable): __________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Key Proposal 2: To implement ‘Flight crew compartment escape’ provisions in Part 90 of CASR 1998
(See Section 3.4.2 and Annex A)
[ ] proposal is acceptable without change
[ ] changes would improve it, but it is acceptable (please provide details below)
[ ] changes would make it acceptable (please provide details below)
[ ] not acceptable under any circumstances
Comments or suggested changes (including an estimate of additional costs/impacts if applicable): __________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Document NPRM 1213CS
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Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors
General and Specific Comments
Your response to the Proposed Regulation Polices for Part 90 of CASR 1998:
Having read the proposed regulation policies for Part 90 (NPRM Annex A), are there specific
issues that you wish to see addressed? Please indicate by specifying the relevant regulation, any
change to that regulation policy you believe will add value to Part 90 polices, and a short
explanation of your reason for proposing the change.
Regulation
Change(s) that you consider
appropriate
(please suggest change)
Explanation
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Notice of Proposed Rule Making
Addition of Safety Based Requirements
for Hardened Cockpit Doors
Your response to the draft Advisory Circular – AC 90-2(0)
CASA proposes to issue an AC for Part 90. The AC will inform parties affected by Part 90 of
CASR 1998 of relevant recommended procedures and provide some explanatory material. Having
read the draft AC 90-2(0) (NPRM Annex B), are there specific issues that you wish to see
addressed? Please indicate by specifying the relevant paragraph number from the draft
AC 90-2(0), any change to that paragraph you believe will add value to AC 90-2(0), and a short
explanation of your reason for proposing the change.
AC 90-2(0)
Paragraph
No.
Change(s) that you consider appropriate
(please suggest change)
Explanation
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Document NPRM 1213CS
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Notice of Proposed Rule Making
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Any Additional Comments
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Thank you
Your response ensures balanced consideration by CASA of the interests of the industry and
consumers.
Document NPRM 1213CS
Page 14 of 14
Additional information is available from:
Mark Bathie, CASR Part 90 Project Leader
Post (no stamp required): Reply Paid 2005
Airworthiness and Engineering Branch
Civil Aviation Safety Authority
Canberra ACT 2601, Australia
E-mail: [email protected]
Telephone: 02 6217 1329 or 131 757 (for the cost of a local call)
International +612 6217 1329
Fax: 02 6217 1914
International +612 6217 1914