Aircraft Parts Manufacturers and the Federal Critical Infrastructure

PMA manufacturers have found themselves wondering whether they are part of the federal critical infrastructure.  This is no longer an esoteric hypothetical.  New state “stay-at-home” or “shelter-in-place” rules are requiring people to stay at their homes unless they are needed to work as part of the federal critical infrastructure.

Yesterday, California ordered its residents to stay at home in response to Covid-19. It is likely that other states will follow this model. There is a common exception to these “stay-at-home” or “shelter-in-place” rules for people who are necessary to the critical infrastructure sectors identified by the federal government.

So, are PMA manufacturers excepted from the “stay-home” rules in California and other states under the federal critical infrastructure exception?

The Federal Critical Infrastructure

The federal government’s Cybersecurity and Infrastructure Security Agency (CISA) has identified 16 critical infrastructure sectors. One of these is “Transportation and Logistics.” There is not a precise definition of who is covered under this list- instead it offers a list of examples. The critical infrastructure sectors examples clearly include:

• Those who repair and maintain aircraft (repair stations and maintenance personnel)
• Air transportation employees, including air traffic controllers, ramp personnel, aviation security, and aviation management
• Workers necessary for the manufacturing of materials and products needed for transportation
• Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations
• Employees of firms providing services that enable logistics operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use

Take a look carefully at the third item on that list: “Workers necessary for the manufacturing of materials and products needed for transportation.”  This clearly includes people who make aircraft parts.

Which Personnel are Excepted?

CISA makes it clear that the critical infrastructure focus is on maintaining the businesses and services that enable continued economic and social vitality. There is a focus on critical functions. This is not focused on maintaining business as usual. So it is likely that many aircraft parts manufacturers are part of the critical infrastructure, but not all of the functions their staff perform will be considered critical.

• The production personnel will probably be likewise critical
• Quality assurance personnel who help to maintain safety will probably be likewise critical
• Sales contacts that allow needed aircraft parts to be identified and supplied will probably be critical
• Anyone who is picking aircraft parts from a warehouse is similarly likely to be considered critical
• Anyone who is shipping those aircraft parts is similarly likely to be considered critical

The manufacturer’s marketing department is probably not part of the critical infrastructure. And I hate to say it, but the legal department may not be part of the critical infrastructure, either.

Ultimately, each business must examine its role in the transportation marketplace to identify whether it serves a role as part of the critical infrastructure.  But under the CISA guidance, those who manufacture materials and products needed for transportation are defined as part of the critical infrastructure (and they would therefore be treated as excepted under the current California standard).