[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Rules and Regulations]
[Pages 36776-36780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14603]
[[Page 36776]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 129, and 135
[Docket No. FAA-2000-7467; Amendment Nos. 121-277, 129-29 and 135-76]
RIN 2120-AH04
Prohibition of Smoking on Scheduled Passenger Flights
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is amending its regulations to bring them into
conformance with recent legislation prohibiting smoking aboard all
aircraft in scheduled passenger interstate or intrastate air
transportation and scheduled passenger foreign air transportation. This
rule is being issued with a related DOT rule on smoking, which is
published elsewhere in today's issue.
DATES: Effective June 4, 2000. See also ``Discussion of Dates'' under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Alberta Brown, Aviation Safety
Inspector, AFS-200, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-8321.
SUPPLEMENTARY INFORMATION:
Availability of Final Rules
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the FedWorld electronic bulletin board service (telephone: (703)
321-3339), or the Government Printing Office's (GPO) electronic
bulletin board service (telephone: (202) 512-1661).
Internet users may reach the FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the GPO's web page at http://www.access.gpo.gov/nara for access to recently published rulemaking
documents.
Any person may obtain a copy of this document by submitting a
request to the Federal Aviation Administration, Office of Rulemaking,
ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling
(202) 267-9680. Communications must identify the amendment number or
docket number of this final rule.
Persons interested in being placed on the mailing list for future
rulemaking documents should request from the above office a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.
Small Entity Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. Internet users can find information on SBREFA
on the FAA's web page at http://www.faa.gov/avr/arm/sbrefa/htm and may
send electronic inquiries to the following internet address: [email protected].
Background
On April 5, 2000, Congress enacted Public Law 106-181, the Wendell
H. Ford Aviation Investment and Reform Act for the 21st Century. Among
other things, section 708 of Public Law 106-181 amended 49 U.S.C. 41706
by directing the Secretary of Transportation to ``require all air
carriers and foreign air carriers to prohibit smoking in any aircraft
in scheduled passenger foreign air transportation.'' The legislation
also stated, ``If a foreign government objects to the application [of
the smoking prohibition in foreign air transportation] on the basis
that [it] provides for an extraterritorial application of the laws of
the United States, the Secretary shall waive the application of [the
prohibition] to a foreign air carrier licensed by that foreign
government at such time as an alternative prohibition negotiated * * *
becomes effective and is enforced by the Secretary.'' In addition, the
legislation stated, ``* * * the Secretary shall enter into bilateral
negotiations with the objecting foreign government to provide for an
alternative smoking prohibition.''
Previously, under the Office of the Secretary's rules (14 CFR part
252), smoking was prohibited for the following scheduled flight
segments of air carriers:
Between any two points within Puerto Rico, the United
States Virgin Islands, the District of Columbia, or any State of the
United States (other than Alaska or Hawaii) or between any two points
in any one of the above-mentioned jurisdictions (other than Alaska or
Hawaii);
Within the State of Alaska or within the State of Hawaii;
or
Scheduled in the current Worldwide or North American
Edition of the Official Airline Guide for 6 hours or less in duration
and between any point listed in [the first bulleted paragraph above]
and any point in Alaska or Hawaii, or between any point in Alaska and
any point in Hawaii.
The Office of the Secretary's regulations applied predominantly to
smoking in the passenger cabin, but smoking on the flight deck was
permitted under the FAA's rules if authorized by the pilot in command
for any part of the operation, except during airplane movement on the
surface, takeoff, or landing. (See former 14 CFR 121.317(g).) However,
since 1994, an international agreement has prohibited smoking on the
flight deck of specified international flights (e.g., certain flights
between the United States and Australia). Many air carriers have
voluntarily limited smoking in response to customer request. For
example, at least one major air carrier has banned smoking on all
airline property, including airplanes, crew buses, vehicles, and
buildings.
Today's final rule is a direct result of legislative amendments to
49 U.S.C. 41706. Because Congress mandated these changes, good cause
exists for the Department of Transportation to amend its rules
concerning smoking (14 CFR part 252) and for the FAA to make conforming
amendments to its own rules. A legislative mandate of this nature makes
it ``unnecessary'' to provide notice and comment procedures. (See 5
U.S.C. 553 (b)(B).)
Section-by-Section Analysis
Section 121.317--Passenger information requirements, smoking
prohibitions, and additional seat belt requirements--The heading is
being revised to reflect the fact that the section contains smoking
prohibitions in addition to passenger information and seat belt
requirements.
Paragraph (c) is being revised in its entirety to apply to
situations in which the new legislation and 14 CFR part 252 ban
smoking. For those operations, no person may operate an airplane unless
either the ``No Smoking'' passenger information sign is lighted for the
entire flight, or one or more ``No Smoking'' placards meeting the
requirements of 14 CFR 25.1541 are posted for the entire flight
segment. Thus, paragraph (c) itself does not ban smoking on certain
flights. Instead, the paragraph informs people who operate airplanes in
part 121 operations that when smoking is banned for the entire flight
segment (e.g., on those flights identified in 14 CFR part 252), then
either the ``No Smoking'' passenger information signs must be lighted,
or ``No Smoking'' placards must be posted.
Other situations exist in which the new legislation and recent
amendments to 14 CFR part 252 do not ban smoking.
[[Page 36777]]
In those situations, the FAA's long-standing rules have banned, and
continue to ban, smoking at certain times. For example, in a part 121
supplemental operation (either an all-cargo operation or a passenger-
carrying operation in which the air carrier/commercial operator did not
hold out a schedule to the public), the recent legislative ban on
smoking and the recent amendments to 14 CFR part 252 do not apply
because it applies only on scheduled passenger flights. On supplemental
operations, smoking has been banned, and continues to be banned, for
example, ``during any movement [of the airplane] on the surface, for
each takeoff, for each landing, and at any other time considered
necessary by the pilot in command.'' However, for supplemental
operations, the legislation does not ban smoking in the passenger cabin
during en route phases of the flight, unless the pilot in command
considers it necessary to turn on the ``No Smoking'' signs. For all
part 121, part 129, and part 135 operations, smoking has been, and
continues to be, prohibited in any aircraft lavatory. The FAA's ban on
smoking in lavatories applies regardless of whether the 14 CFR part 252
smoking ban applies to the entire flight segment or whether it is, for
example, a part 121 supplemental or part 135 on-demand operation where
the operator may permit smoking during an en route segment of the
flight in some circumstances. (See 14 CFR 121.317 (h), 129.29 (a), and
135.127 (c).) These operators of supplemental and on-demand flights
must keep in mind that there are additional smoking prohibitions for
``small aircraft'' specified in 14 CFR 252.13.
Also under newly revised Sec. 121.317 (c), the word ``aircraft'' is
being changed to ``airplane'' because part 121 has only airplanes, and
former paragraphs (c)(1), (c)(2), and (c)(3) are being deleted since
these provisions reflect the former statutory provisions.
Paragraph (g) of Sec. 121.317 is being revised to identify certain
kinds of operations conducted under part 121 where smoking has been
neither banned by the recent legislative amendments nor changed by 14
CFR part 252. The revised paragraph specifies the situations during
which a pilot in command permits smoking on the flight deck. It is
important to explain what newly revised (g) does not do. It does not
apply in those situations where Congress banned smoking on the entire
aircraft. For example, the legislation and recently amended 14 CFR part
252 ban smoking on aircraft in scheduled passenger interstate air
transportation or scheduled passenger intrastate air transportation.
Thus, for purposes of part 121, smoking is banned for the entire flight
segment on the entire airplane (including the flight deck) on most part
121 domestic operations.
Smoking is banned on all part 121 operations that are engaged in
``interstate air transportation'' operations, as that term is defined
in 49 U.S.C. 40102(a)(25). However, some part 121 domestic operations
that are conducted entirely within a State of the United States are not
covered by the legislative ban on smoking. Congress provided that a
person may not smoke in an aircraft in scheduled passenger ``intrastate
air transportation.'' The term ``intrastate air transportation'' is
defined in 49 U.S.C. 40102(a)(27). To meet the statutory definition of
``intrastate air transportation,'' the transportation must be provided
by a common carrier for compensation or hire entirely within one State,
and it must be done in a ``turbojet powered aircraft capable of
carrying at least 30 passengers.'' (See 49 U.S.C. 40102 (a)(27).)
Therefore, if a part 121 domestic operation or a part 135 commuter
operation is conducted entirely within one State but it is conducted
with a turbojet aircraft that is not capable of carrying at least 30
passengers, or is conducted with an aircraft that is not turbojet
powered, then it is not engaged in the statutory ``intrastate air
transportation.'' Thus, the legislative ban on smoking does not apply
to those operations; however, a Department of Transportation ban on
smoking in certain ``small aircraft'' may apply. (See 14 CFR 252.13.)
On those domestic operations and commuter operations that are not
covered by the legislative ban, by the Department of Transportation's
14 CFR part 252 ban, or by international agreement, the former
regulations and the revised regulations permit the pilot in command to
authorize smoking on the flight deck (if it is physically separated
from the passenger compartment), except during aircraft movement on the
surface or during takeoff or landing. However, when the 14 CFR part 252
ban applies, it also prohibits smoking whenever the aircraft is on the
ground. The pilot in command may authorize smoking on the flight deck
on flights not covered by the legislative ban or 14 CFR part 252, even
when the ``No Smoking'' signs are lighted or when the ``No Smoking''
placards are posted, except during the aircraft movement specified in
the previous sentence.
It should also be noted that the legislative ban does not apply to
all-cargo operations and to ``unscheduled'' passenger-carrying
operations, and thus, does not apply to most part 121 supplemental
operations and most part 135 on-demand operations. There are a few
scheduled passenger-carrying operations that are defined in Sec. 119.3
as ``On-demand operations.'' (See paragraph (2) of the definition of
``On-demand operation'' in Sec. 119.3.) The few scheduled passenger-
carrying operations that are classified by part 119 as ``on-demand''
are subject to the legislative ban and the 14 CFR part 252 ban,
provided the flights are either scheduled passenger flights in
interstate air transportation, or the flights are scheduled passenger
intrastate air transportation operations conducted in turbojet powered
aircraft capable of carrying at least 30 passengers. Therefore, in
revised paragraph (g), the FAA is carrying forward the authority for
the pilot in command to permit smoking on the flight deck (if it is
physically separated from the passenger compartment) in certain
situations (even when the ``No Smoking'' signs are lighted) for those
flights not covered by the legislative ban or the 14 CFR part 252 ban
on smoking. One situation in which the pilot in command does not have
the authority to permit smoking on the flight deck is when the aircraft
is moving on the surface, or during takeoff or landing.
Finally, because scheduled passenger-carrying public charter
operations under 14 CFR part 380 are subject to the legislative ban on
smoking, and because those operations are also subject to the 14 CFR
part 252 ban on smoking, the FAA must make it clear in its rules that
the pilots in command of aircraft in those operations do not have the
authority to permit smoking on the flight deck. Scheduled passenger-
carrying public charter operations conducted under 14 CFR part 380 are
treated as Supplemental Operations under part 121, or On-Demand
Operations under part 135, even though the operator may well hold out
to the public a departure location, departure time, and arrival
location, which satisfies the definition of ``scheduled operations'' in
Sec. 119.3.
Section 129.29 Smoking prohibitions--This section is being revised
in its entirety to prohibit smoking by anyone anywhere on an aircraft
during scheduled passenger foreign air transportation or during any
scheduled passenger interstate or intrastate air transportation. The
revised section also includes the words ``unless authorized by the
Secretary of Transportation,'' because the legislation states that
foreign governments that object to the ban may negotiate alternatives
with the Secretary.
[[Page 36778]]
Section 135.127 Passenger information requirements and smoking
prohibitions--The heading of the section is being revised to include a
reference to smoking prohibitions.
Paragraph (a) is being revised in its entirety to require that
smoking by anyone at any time during any scheduled flight is prohibited
and to specify the methods by which passengers may be notified of no
smoking.
Paragraph (b) is being revised in a manner similar to the revisions
to Sec. 121.317(g). See discussion of Sec. 121.317(g) above, except
that part 121 refers only to airplanes, while part 135 refers to
aircraft.
Discussion of Dates
Section 708 of Public Law 106-181 states that the amendment to 49
U.S.C. 41706 is effective on June 4, 2000 (60 days after the date of
enactment of the legislation). This final rule, which implements
conforming amendments to the FAA's regulations, is effective on June 4,
2000. Because Congress mandated these changes, good cause exists for
the Department of Transportation to amend its rules concerning smoking
(14 CFR part 252) and for the FAA to make conforming amendments to its
rules. A legislative mandate makes it ``unnecessary'' to provide for
notice and comment procedures. (See 5 U.S.C. 553 (b)(B).)
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507 (d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
are no new information collection requirements associated with this
rule.
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
reviewed ICAO Standards and Recommended Practices but did not find
corresponding provisions that differ from this rulemaking action.
In its 1992 session, the ICAO Assembly passed Resolution A29-15
concerning smoking on international passenger flights. The resolution
called on member states to take appropriate measures ``to restrict
smoking progressively on all international flights.'' To reduce health
hazards to passengers and crew and to enhance aviation safety, the
governments of Australia, Canada, New Zealand, and the United States
have since entered into an international agreement banning smoking on
their airlines during all non-stop flights between those countries.
This international agreement applies to all locations within an
aircraft in passenger operation, including the flight deck, cabin, and
lavatories.
Economic Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from
setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, the Trade
Act also requires the consideration of international standards and,
where appropriate, that they be the basis of U.S. standards. Fourth,
the Unfunded Mandates Reform Act of 1995 requires agencies to prepare a
written assessment of the costs, benefits and other effects of proposed
or final rules that include a Federal mandate likely to result in the
expenditure by State, local or tribal governments, in the aggregate, or
by the private sector, of $100 million or more annually (adjusted for
inflation).
In conducting these analyses, the FAA has determined this rule: (1)
Has benefits that do justify its costs, is not a ``significant
regulatory action,'' as defined in the Executive Order, and is
``significant,'' as defined in DOT's Regulatory Policies and
Procedures; (2) will not have a significant impact on a substantial
number of small entities; (3) reduces barriers to international trade;
and (4) does not impose an unfunded mandate on state, local, or tribal
governments, or on the private sector. These analyses are summarized
below.
This rule incorporates the provisions of 49 U.S.C. 41706 (as
amended by section 708 of Pub. L. 106-181) into 14 CFR Parts 121, 129,
and 135, and any costs and benefits that will result from this
rulemaking are attributable to the legislation. Former Department of
Transportation provisions allowing smoking on flights over 6 hours in
duration are superseded by the new legislation. In addition, if a
foreign air carrier's host government objects to these provisions and
comments to the Secretary of Transportation, the Secretary will
negotiate the issue.
The methods that will be used to inform passengers of the smoking
prohibition are the lighted passenger information sign or posted ``No
Smoking'' placards, and the required safety briefing. The costs
involved with this rule, which are attributable to the legislation, are
minor, as a smoking prohibition has been in place domestically for a
decade, and some air carriers have already banned smoking on all
flights without regulation.
Air carriers will realize some savings from this rule, which are
attributable to the legislation. There will be less wear and tear on
the ventilation systems on newly covered aircraft, and each of these
aircraft may have to be cleaned less often. Air carriers will not have
to deal with the logistics of smoking versus no-smoking sections. In
addition, there are health benefits to people from prohibiting smoking
aboard aircraft.
The FAA concludes that there are some economic benefits to the air
carriers from prohibiting smoking on these newly included flights.
Congress, which reflects the will of the American public, has also
determined that the smoking ban is in the best interest of the nation.
As stated above, this rule directly reflects legislative requirements
and therefore the associated minor costs and benefits occur as a result
of the legislation rather than the rule.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (the Act) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the Act requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rational for their actions. The Act covers a wide-range of small
entities, including small businesses, not-for-profit organizations and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is that it will, the
agency must prepare a regulatory flexibility analysis (RFA) as
described in the Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small
[[Page 36779]]
entities, section 605(b) of the 1980 act provides that the head of the
agency may so certify and an RFA is not required. The certification
must include a statement providing the factual basis for this
determination, and the reasoning should be clear.
For this rule, the small entity group is considered to be part 121,
part 129, and part 135 air carriers or commercial operators (Standard
Industrial Classification Code (SIC) 4512). As noted above, the costs
for each air carrier and commercial operator will be minimal.
The FAA conducted the required review of this rule and determined
that it will not have a significant economic impact on a substantial
number of small entities. Accordingly, pursuant to the Regulatory
Flexibility Act, 5 U.S.C. 605(b), the FAA certifies that this rule will
not have a significant impact on a substantial number of small
entities.
International Trade Impact Statement
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards. In addition, consistent with the Administration's belief in
the general superiority and desirability of free trade, it is the
policy of the Administration to remove or diminish to the extent
feasible, barriers to international trade, including both barriers
affecting the export of American goods and services to foreign
countries and barriers affecting the import of foreign goods and
services into the United States.
In accordance with the above statute and policy, the FAA has
assessed the potential effect of this final rule and has determined
that it will impose the same costs on domestic and international
entities and thus has a neutral trade impact.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The FAA has 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, the FAA has determined that
this final rule does not have federalism implications.
Unfunded Mandates Determination
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as
Pubic Law 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 final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental assessment or 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 rule has been assessed in accordance with
the Energy Policy and Conservation Act (EPCA), Pubic Law 94-163, as
amended (43 U.S.C. 6362) and FAA Order 1053.1. It has been determined
that the final rule is not a major regulatory action under the
provisions of the EPCA.
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety.
14 CFR Part 129
Air carriers, Aircraft, Airports, Aviation safety.
14 CFR Part 135
Aircraft, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends title 14 CFR parts 121, 129, and 135 as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
1. The authority citation for part 121 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.
2. Amend Sec. 121.317 by revising the section heading and
paragraphs (c) and (g) to read as follows:
Sec. 121.317 Passenger information requirements, smoking prohibitions,
and additional seat belt requirements.
* * * * *
(c) No person may operate an airplane on a flight on which smoking
is prohibited by part 252 of this title unless either the ``No
Smoking'' passenger information signs are lighted during the entire
flight, or one or more ``No Smoking'' placards meeting the requirements
of Sec. 25.1541 of this chapter are posted during the entire flight
segment. If both the lighted signs and the placards are used, the signs
must remain lighted during the entire flight segment.
* * * * *
(g) No person may smoke while a ``No Smoking'' sign is lighted or
while ``No Smoking'' placards are posted, except as follows:
(1) Supplemental operations. The pilot in command of an airplane
engaged in a supplemental operation may authorize smoking on the flight
deck (if it is physically separated from any passenger compartment),
but not in any of the following situations:
(i) During airplane movement on the surface or during takeoff or
landing;
(ii) During scheduled passenger-carrying public charter operations
conducted under part 380 of this title; or
(iii) During any operation where smoking is prohibited by part 252
of this title or by international agreement.
(2) Certain intrastate domestic operations. Except during airplane
movement on the surface or during takeoff or landing, a pilot in
command of an airplane engaged in a domestic operation may authorize
smoking on the flight deck (if it is physically separated from the
passenger compartment) if--
(i) Smoking on the flight deck is not otherwise prohibited by part
252 of this title;
(ii) The flight is conducted entirely within the same State of the
United States (a flight from one place in Hawaii to another place in
Hawaii through the airspace over a place outside of Hawaii
[[Page 36780]]
is not entirely within the same State); and
(iii) The airplane is either not turbojet-powered or the airplane
is not capable of carrying at least 30 passengers.
* * * * *
PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
3. The authority citation for part 129 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 40104-40105, 40113, 40119, 41706,
44701-44702, 44712, 44716-44717, 44722, 44901-44904, 44906.
4. Revise Sec. 129.29 to read as follows:
Sec. 129.29 Smoking prohibitions.
(a) No person may smoke and no operator may permit smoking in any
aircraft lavatory.
(b) Unless otherwise authorized by the Secretary of Transportation,
no person may smoke and no operator may permit smoking anywhere on the
aircraft (including the passenger cabin and the flight deck) during
scheduled passenger foreign air transportation or during any scheduled
passenger interstate or intrastate air transportation.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
5. The authority citation for part 135 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705,
44709, 44711-44713, 44715-44717, 44722.
6. Amend Sec. 135.127 by revising the heading and paragraphs (a)
and (b) to read as follows:
Sec. 135.127 Passenger information requirements and smoking
prohibitions.
(a) No person may conduct a scheduled flight on which smoking is
prohibited by part 252 of this title unless the ``No Smoking''
passenger information signs are lighted during the entire flight, or
one or more ``No Smoking'' placards meeting the requirements of
Sec. 25.1541 of this chapter are posted during the entire flight. If
both the lighted signs and the placards are used, the signs must remain
lighted during the entire flight segment.
(b) No person may smoke while a ``No Smoking'' sign is lighted or
while ``No Smoking'' placards are posted, except as follows:
(1) On-demand operations. The pilot in command of an aircraft
engaged in an on-demand operation may authorize smoking on the flight
deck (if it is physically separated from any passenger compartment),
except in any of the following situations:
(i) During aircraft movement on the surface or during takeoff or
landing;
(ii) During scheduled passenger-carrying public charter operations
conducted under part 380 of this title;
(iii) During on-demand operations conducted interstate that meet
paragraph (2) of the definition ``On-demand operation'' in Sec. 119.3
of this chapter, unless permitted under paragraph (b)(2) of this
section; or
(iv) During any operation where smoking is prohibited by part 252
of this title or by international agreement.
(2) Certain intrastate commuter operations and certain intrastate
on-demand operations. Except during aircraft movement on the surface or
during takeoff or landing, a pilot in command of an aircraft engaged in
a commuter operation or an on-demand operation that meets paragraph (2)
of the definition of ``On-demand operation'' in Sec. 119.3 of this
chapter may authorize smoking on the flight deck (if it is physically
separated from the passenger compartment, if any) if--
(i) Smoking on the flight deck is not otherwise prohibited by part
252 of this title;
(ii) The flight is conducted entirely within the same State of the
United States (a flight from one place in Hawaii to another place in
Hawaii through the airspace over a place outside Hawaii is not entirely
within the same State); and
(iii) The aircraft is either not turbojet-powered or the aircraft
is not capable of carrying at least 30 passengers.
* * * * *
Issued in Washington DC on June 2, 2000.
Jane F. Garvey,
Administrator.
[FR Doc. 00-14603 Filed 6-6-00; 3:32 pm]
BILLING CODE 4910-13-U