36776 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

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.

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: 9–AWA–

SBREFA@faa.gov.

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 abovementioned 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.

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36777

In those situations, the FAA’s longstanding rules have banned, and

continue to ban, smoking at certain

times. For example, in a part 121

supplemental operation (either an allcargo 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 ondemand flights must keep in mind that

there are additional smoking

prohibitions for ‘‘small aircraft’’

specified in 14 CFR 252.13.

Also under newly revised § 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 § 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 allcargo 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 § 119.3 as

‘‘On-demand operations.’’ (See

paragraph (2) of the definition of ‘‘Ondemand operation’’ in § 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 passengercarrying 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 passengercarrying 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 § 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.

36778 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

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

§ 121.317(g). See discussion of

§ 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 nonstop 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

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 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 § 121.317 by revising the

section heading and paragraphs (c) and

(g) to read as follows:

§ 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 § 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 passengercarrying 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

36780 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

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 § 129.29 to read as follows:

§ 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 § 135.127 by revising the

heading and paragraphs (a) and (b) to

read as follows:

§ 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 § 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 passengercarrying public charter operations

conducted under part 380 of this title;

(iii) During on-demand operations

conducted interstate that meet

paragraph (2) of the definition ‘‘Ondemand operation’’ in § 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 ondemand 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

§ 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 turbojetpowered 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