[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR129.28]

[Page 1027-1028]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 129_OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF 
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE--Table of Contents
 
Sec.  129.28  Flightdeck security.

    (a) After August 20, 2002, except for a newly manufactured airplane 
on a non-revenue delivery flight, no foreign air carrier covered by 
Sec.  129.1(a), may operate:
    (1) A passenger carrying transport category airplane within the 
United States, except for overflights, unless the airplane is equipped 
with a door between the passenger and pilot compartment that 
incorporates features to restrict the unwanted entry of persons into the 
flightdeck that are operable from the flightdeck only; or
    (2) A transport category all-cargo airplane within the United 
States, except for overflights, that has a door installed between the 
pilot compartment and any other occupied compartment on or after June 
21, 2002, unless the door incorporates features to restrict the unwanted 
entry of persons into the flightdeck that are operable from the 
flightdeck only.
    (b) To the extent necessary to meet the requirements of paragraph 
(a) of this section, the requirements of Sec.  129.13(a) to maintain 
airworthiness certification are waived until April 9, 2003. After that 
date, the requirements of Sec.  129.13(a) apply in full.
    (c) After April 9, 2003, except for a newly manufactured airplane on 
a non-revenue delivery flight, no foreign air carrier covered by Sec.  
129.1(a) may operate a passenger carrying transport category airplane, 
or a transport category all-cargo airplane that has a door installed 
between the pilot compartment and any other occupied compartment on or 
after June 21, 2002, within the United States, except for overflights, 
unless the airplane's flightdeck door installation meets the 
requirements of paragraphs (c)(1) and(2) of this section or an 
alternative standard found acceptable to the Administrator.
    (1) Except for a newly manufactured airplane on a non-revenue 
delivery flight, no foreign air carrier covered by Sec.  129.1(a) may 
operate:
    (i) After April 9, 2003, a passenger carrying transport category 
airplane within the United States, except on overflights, unless the 
airplane's flightdeck door installation meets the requirements of 
paragraphs (c)(2) and (c)(3) of this section or an alternative standard 
found acceptable to the Administrator.
    (ii) After October 1, 2003, a transport category all-cargo airplane 
that had a door installed between the pilot compartment and any other 
occupied compartment on or after June 21, 2002, within the United 
States, except on overflights, unless the airplane's flightdeck door 
installation meets the requirements of paragraphs (c)(2) and (c)(3) of 
this section or an alternative standard found acceptable to the 
Administrator; or the operator must implement a security program 
approved by the Transportation Security Administration (TSA) for the 
operation of all airplanes in that operator's fleet.
    (2) The door must resist forcible intrusion by unauthorized persons 
and be capable of withstanding impacts of 300 joules (221.3 foot-pounds) 
at the critical locations on the door, as well as a 1,113-newton (250 
pounds) constant tensile load on the knob or handle, and
    (3) The door must resist penetration by small arms fire and 
fragmentation devices to a level equivalent to Level IIIa of the 
National Institute of Justice Standard (NIJ) 0101.04.

[[Page 1028]]

    (d) After August 20, 2002, no foreign air carrier covered by Sec.  
129.1 may operate a passenger carrying transport category airplane, or a 
transport category all-cargo airplane that has a door installed between 
the pilot compartment and any other occupied compartment on or after 
June 21, 2002, within the United States, except for overflights, unless 
the carrier has procedures in place that are acceptable to the civil 
aviation authority responsible for oversight of the foreign air carriers 
operating under this part to prevent access to the flightdeck except as 
authorized as follows:
    (1) No person other than a person who is assigned to perform duty on 
the flight deck may have a key to the flight deck door that will provide 
access to the flightdeck.
    (2) Except when it is necessary to permit access and egress by 
persons authorized in accordance with paragraph (d)(3) of this section, 
a pilot in command of an airplane that has a lockable flight deck door 
in accordance with Sec.  129.28(a) and that is carrying passengers shall 
ensure that the door separating the flight crew compartment from the 
passenger compartment is closed and locked at all times when the 
airplane is being operated.
    (3) No person may admit any person to the flight deck of an airplane 
unless the person being admitted is--
    (i) A crewmember,
    (ii) An inspector of the civil aviation authority responsible for 
oversight of the part 129 operator, or
    (iii) Any other person authorized by the civil aviation authority 
responsible for oversight of the part 129 operator.
    (e) The requirements of paragraph (a) through (d) except (d)(3), do 
not apply to transport category passenger carrying airplanes originally 
type certificated with a maximum passenger seating configuration of 19 
seats or less, or to all-cargo airplanes with a payload capacity of 
7,500 pounds or less.

[Doc. No. FAA-2002-12504, 67 FR 79824, Dec. 30, 2002, as amended by 
Amdt. 129-38, 68 FR 42882, July 18, 2003]