Legislation developers Mr. Garcia of Illinois and Mr. Fitzpatrick introduced this bill, which if passed, is likely to cause a stir in the cargo air transportation sector. The new bill, now sitting patiently on the desk of the Committee on Transportation and Infrastructure for further review, takes aim stoutly at air carriers. Starting from January 1, 2027, carriers could find themselves in murky waters if they operate certain aircraft in cargo air transport without meeting certain hard-to-ignore requirements.
The legislation demands that all ‘covered’ aircraft be equipped with a cockpit door that ticks some rigorous boxes. First, the door must gratify the intrusion resistance requisites as outlined in section 25.795(a) of title 14 in the Code of Federal Regulations. Second, the cockpit door must remain locked during flight, as dictated by the commanding pilot.
But what is a ‘covered’ aircraft under this legislation? The bill defines this as any aircraft manufactured post-January 1, 2027, used in all-cargo air transportation with a maximum certificated payload capacity that exceeds 6,500 pounds. Additionally, the ‘covered’ operation is any operation moving in all-cargo air transport under part 121 of title 14, Code of Federal Regulations.
Interestingly, the curbs under this legislation will kick into gear regardless of whether the Administrator of the Federal Aviation Administration has issued regulations to implement these requirements. This means that even if specific regulations are still in the works or have hit a bureaucratic roadblock, the restrictions proposed by the bill will still go into effect.
Given these provisions, the direct impact of the Cargo Flight Deck Security Act of 2023 is likely to be most felt by the aviation industry, particularly cargo air carriers who will be required to implement these sturdy requirements. For newer aircraft, these stipulations may not present a significant hurdle, seeing that many manufacturers may just incorporate these features in their design and manufacturing processes henceforth. However, for older aircraft, these regulations could mean retrofitting costly cockpit doors, which in turn might lead to increasing the overall expenditure by the air carrier.
On one hand, the primary salutary effect of this legislation is an increase in security measures for cargo aircraft, which are flagged as potential targets for criminal activity due to their often overlooked status. However, it is crucial to keep in mind that added security does not come free. The financial cost of implementing these measures will likely fall on the shoulders of the air carriers, an additional expenditure that may potentially be offset by rate increases for shippers or cuts elsewhere.
Stepping into broader conversations about security, the Cargo Flight Deck Security Act of 2023 is an attempt to level the playing field between cargo and passenger aircraft. While passenger aircraft have enjoyed significant upgrades to their security since 9/11, cargo aircraft have been somewhat left in their wake. This legislation certainly addresses that gap, reinforcing the importance of security not just where flyers are concerned, but across all elements of air transportation.
In the pipeline, the bill steps into the potentially lengthy journey. It currently awaits consideration by the Committee on Transportation and Infrastructure. Upon approval, it will face further scrutiny by the Senate and then needs the President’s signature to become law. However, the fact that it’s been developed and introduced indeed puts cargo aircraft security staunchly on the table and in the congressional spotlight.
