> U.S. Department\
> of Transportation
>
> **Federal Aviation\
> Administration**
>
> ![](media/image1.png){width="6.305555555555555in"
> height="0.16597222222222222in"}

+-----+--------------------------------------+---+---------+-------------+
| Su  | [INFORMATION]{.underline}: Policy    |   | Date:   | July 7,     |
| bje | Statement and Equivalent Safety      |   |         | 2003        |
| ct: | Finding on No Smoking Placards and   |   |         |             |
|     | Signs                                |   |         |             |
|     |                                      |   |         |             |
|     | #                                    |   |         |             |
+-----+--------------------------------------+---+---------+-------------+
|     |                                      |   |         |             |
+-----+--------------------------------------+---+---------+-------------+
| Fr  | Acting Manager, Transport Airplane   |   | Reply   | AN          |
| om: | Directorate, Aircraft Certification  |   | to      | M-03-115-05 |
|     | Service, ANM-100                     |   | Attn.   |             |
|     |                                      |   | of:     |             |
+-----+--------------------------------------+---+---------+-------------+
|     |                                      |   |         |             |
+-----+--------------------------------------+---+---------+-------------+
| To: | See Distribution                     |   | Reg     | §§ 25.853   |
|     |                                      |   | ulatory | and 25.791  |
|     |                                      |   | Ref     |             |
|     |                                      |   | erence: |             |
+-----+--------------------------------------+---+---------+-------------+
|     |                                      |   |         |             |
+-----+--------------------------------------+---+---------+-------------+

## Summary 

> The purpose of this memorandum is to provide Federal Aviation
> Administration (FAA) certification policy on placards and signs that
> prohibit smoking. Additionally, this memorandum documents a finding of
> equivalent safety when the FAA finds that specific criteria are met.

## Current Regulatory and Advisory Material

Part 25 at Amendment 25-0 states the following:

> *§ 25.853(c). Each compartment where smoking is to be allowed must
> have self-contained, removable, ashtrays, and each other compartment
> must be placarded against smoking.*

Part 25 at Amendment 25-32 states the following:

> *§ 25.853(c). Each compartment where smoking is to be allowed must
> have self-contained, removable, ashtrays, and each other compartment
> must be placarded against smoking.*
>
> *§ 25.791. When passenger information signs are installed to comply
> with the operating rules of this chapter, at least one sign (using
> either letters or symbols) notifying when smoking is prohibited and
> one sign (using either letters or symbols) notifying when safety belts
> should be fastened must, when illuminated, be legible to each person
> seated in the passenger cabin under all probable conditions of cabin
> illumination. Signs which notify when safety belts should be fastened
> and when smoking is prohibited must be so constructed that the crew
> can turn them on and off.*

Part 25 at Amendment 25-51 states the following:

> *§ 25.853(c). If smoking is to be prohibited, there must be a placard
> so stating, and if smoking is to be allowed....\
> *
>
> *§ 25.791. When passenger information signs are installed to comply
> with the operating rules of this chapter, at least one sign (using
> either letters or symbols) notifying when smoking is prohibited and
> one sign (using either letters or symbols) notifying when safety belts
> should be fastened must, when illuminated, be legible to each person
> seated in the passenger cabin under all probable conditions of cabin
> illumination. Signs which notify when safety belts should be fastened
> and when smoking is prohibited must be so constructed that the crew
> can turn them on and off.*

Part 25 at Amendment 25-72 states the following:

> *§ 25.791(a). If smoking is to be prohibited, there must be at least
> one placard so stating that is legible to each person seated in the
> cabin. If smoking is to be allowed, and if the crew compartment is
> separated from the passenger compartment, there must be at least one
> sign notifying when smoking is prohibited. Signs which notify when
> smoking is prohibited must be operable by a member of the flightcrew
> and, when illuminated, must be legible under all probable conditions
> of cabin illumination to each person seated in the cabin.\
> *
>
> *(b) Signs that notify when seat belts should be fastened and that are
> installed to comply with the operating rules of this chapter must be
> operable by a member of the flightcrew and, when illuminated, must be
> legible under all probable conditions of cabin illumination to each
> person seated in the cabin.\
> *

## Policy 

## 

The following policy is intended to support the equivalent safety
finding discussed below which allows signs that prohibit smoking to not
be operable by the crew (Amendment 25-32)/flightcrew (Amendment 25-72).

Section 25.791(a) requires that at least one "No Smoking" placard be
legible to each occupant seated in compartments where smoking is
prohibited. These placards act as continuous reminders to the occupants
that smoking is prohibited. Manufactures have previously requested that
lighted "No Smoking" signs be used to meet this requirement. The FAA
finds that a lighted sign can be considered a placard if it is
continuously illuminated for the occupants. Lighted signs that are used
as placards should illuminate without the cockpit or cabin crew having
to turn the signs on. This can be accomplished by "hardwiring" the signs
such that the signs are illuminated whenever the airplane's normal
electric power is on or by providing equivalent control of the signs by
software. Note that "hardwiring" should be accomplished in accordance
with the applicable regulations and policies including § 25.1357.
Hardwiring should not violate the design and performance requirements
(temperature, duty cycle, etc.) of the components (wire, fixture,
circuit breaker, etc.) used in the lighted signs. Appropriate mechanisms
such as switches should be available to the crew to safely remove the
power from the lighted signs during fault conditions without
jeopardizing operation of other essential loads or relying on pulling
circuit breakers.

This policy is also applicable to the "No Smoking" placard requirements
in § 25.853(c) at Amendments 25-0 and 25-51.

**Effect of Policy**

> The general policy stated in this document does not constitute a new
> regulation or create what the courts refer to as a \"binding norm.\"
> The office that implements policy should follow this policy when
> applicable to the specific project. Whenever an applicant\'s proposed
> method of compliance is outside this established policy, it should be
> coordinated with the policy issuing office, e.g., through the issue
> paper process or equivalent. Similarly, although this policy is not
> binding on the FAA, if the implementing office becomes aware of
> reasons that an applicant's proposal that meets this policy should not
> be approved, the office must coordinate its response with the policy
> issuing office.

Applicants should expect that the certificating officials will consider
this information when making findings of compliance relevant to new
certificate actions. Also, as with all advisory material, this policy
statement identifies one means, but not the only means, of compliance.

**Equivalent Safety Finding (ESF)**

[Regulations Requiring an ESF]{.underline}

Section 25.791 at Amendment 25-32, and § 25.791(a) at Amendment 25-72.

[Description of Compensating Design Features or Alternative Standards
Which Allow the Granting of an ESF (including design changes,
limitations or equipment needed for equivalency)]{.underline}

Section 25.791 requires that "No Smoking" signs be constructed so that a
member of the crew (Amendment 25-32)/flightcrew (Amendment 25-72) can
turn them on or off. For compartments where smoking is prohibited, the
FAA finds that an equivalent level of safety to this requirement is
provided when the "No Smoking" signs are automatically and continuously
turned on during flight operations. This can be accomplished by either
"hardwiring" the signs such that the signs are illuminated whenever the
airplane's normal electric power is on or by providing equivalent
control of the signs by software. Note, that this finding is not
applicable to airplane operational regulations (i.e., §§ 121.317(a),
125.217(a)) which require these signs to be constructed so that crew can
turn them on or off. Applicants who operate in 14 CFR parts 121 and 125
service and elect to have the signs on continuously, through the means
noted above, would need to obtain approval to operate in this particular
configuration from their Certificate Management Organization or
applicable Flight Standards District Office.

[Explanation of How Design Features or Alternative Standards Provide an
Equivalent Level of Safety to the Level of Safety Intended by the
Regulation]{.underline}

Section 25.791 requires that "No Smoking" signs be constructed so that a
member of the crew (Amendment 25-32)/flightcrew (Amendment 25-72) can
turn them on or off. For a compartment where smoking is prohibited, the
"No Smoking" signs would be continually illuminated to inform occupants
of this prohibition and would not be turned off. Hence, the FAA finds
that an equivalent level of safety to § 25.791 is provided for
compartments where smoking is prohibited when the signs are continuously
illuminated as described in the section above.

[Documentation of ESF]{.underline}

This memorandum provides standardized documentation of an ESF to the
§ 25.791 requirement for "No Smoking" signs to be constructed so that a
member of the crew (Amendment 25-32)/flightcrew (Amendment 25-72) can
turn them on or off. This memorandum does not contain proprietary
information and may be made available to the public. The Transport
Airplane Directorate assigned memorandum number (see front page) will be
used by the FAA to facilitate archiving and retrieval of this ESF.
Applicants that utilize this ESF should list this memorandum number in
the Type Certificate Data Sheet under the Certification Basis section or
on the Supplemental Type Certificate in the Limitations and Conditions
section. An example of appropriate wording is as follows:

> *Equivalent Safety Findings have been made for the following
> regulations:*
>
> § 25.791 No Smoking Signs (documented in FAA Memorandum No.
> ANM-03-115-05)
>
> /s/

Ali Bahrami