[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: <a href="/cdn-cgi/l/email-protection#c4fde9859385e997869681828584a2a5a5eaa3abb2"><span class="__cf_email__" data-cfemail="f9c0d4b8aeb8d4aabbabbcbfb8b99f9898d79e968f">[email protected]</span></a>.

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:
    <bullet> 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);
    <bullet> Within the State of Alaska or within the State of Hawaii; 
or
    <bullet> 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


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