36772 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 252

[Docket No. OST–2000–7473; OST Docket

No. 46783; Notice 90–5; OST Docket No.

44778; Notice 91–1]

RIN 2105–AC85; 2105–AB58

Smoking Aboard Aircraft

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule; Disposition of

comments; disposition of petition for

rulemaking.

SUMMARY: The Department is amending

its smoking rule to implement a recent

statutory ban on smoking aboard aircraft

in scheduled passenger interstate,

intrastate and foreign air transportation.

This rule is being issued in conjunction

with a related FAA final rule on

smoking that makes its rules consistent

with the statutory ban. The FAA rule is

published elsewhere in today’s issue of

the Federal Register.

This rule also confirms certain

portions of the Department’s 1990

interim final rule that incorporated a

statutory ban on smoking aboard aircraft

on almost all flight segments within the

United States. The 1990 rule codified a

blanket waiver concerning single-entity

charters and made other clarifying

changes. Finally, this rule responds to a

petition for rulemaking to prohibit

smoking aboard commercial aircraft

DATES: This final rule is effective June

4, 2000, in order to meet the effective

date for the statutory ban on smoking.

FOR FURTHER INFORMATION CONTACT:

Arnold Konheim, Office of the Assistant

Secretary for Transportation Policy, U.S.

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590 (202) 366–4849.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document

may be downloaded by using a

computer, modem, and suitable

communications software from the

Government Printing Office’s Electronic

Bulletin Board Service at (202) 512–

1661. Internet users may reach the

Office of the Federal Register’s home

page at: http://www.nara.gov/fedreg and

the Government Printing Office’s

database at: http://www.access.gpo.gov/

nara. You can also view and download

this document by going to the webpage

of the Department’s Docket Management

System (http://dms.dot.gov/). On that

page, click on ‘‘search.’’ On the next

page, type in the last four digits of the

docket number shown on the first page

of this document. Then click on

‘‘search.’’

Background

Throughout this preamble and rule,

we have used the terms ‘‘air carrier’’ and

‘‘foreign air carrier’’, as defined in 49

U.S.C. 40102, in which an ‘‘air carrier’’

is a citizen of the United States

undertaking to provide air

transportation, and a ‘‘foreign air

carrier’’ is a person, not a citizen of the

United States, undertaking to provide

foreign air transportation.

In 1973, the Civil Aeronautics Board

(CAB) adopted its first regulation (ER–

800, 38 FR 12207, May 10, 1973)

restricting smoking on air carrier flights.

In subsequent years, the CAB and then

the Office of the Secretary (OST) of the

Department of Transportation, to which

CAB functions were transferred on

January 1, 1985, strengthened this rule

in accord with public input, scientific

studies and statutory requirements.

In its initial form, the rule required

the separation of smoking passengers

from no-smoking passengers. With each

revision, the rule provided additional

protections to nonsmokers, reflecting

findings by the Surgeon General, the

National Academy of Sciences, and the

U.S. Environmental Protection Agency

that exposure to environmental tobacco

smoke is deleterious to health.

The increase in restrictions on

smoking on air carrier flights also

reflected global policy and public

trends. In its 1992 session, the Assembly

of the International Civil Aviation

Organization passed Resolution A29–15,

which called on its member nations ‘‘to

take necessary measures as soon as

possible to restrict smoking

progressively on all international

passenger flights.’’ To reduce the 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 all nonstop flights of their airlines between the

signatory countries. This ban applies to

all locations within the aircraft,

including the flight deck.

The Federal Aviation Administration

(FAA) also regulates smoking to

enhance safe air transportation and to

implement statutory bans on smoking.

The FAA has issued rules in furtherance

of the statutory bans on smoking and the

Department’s ban on smoking contained

in 14 CFR part 252. The FAA, under its

safety mandate, has also issued rules to

deal with the safety problems that can

develop when people on board aircraft

violate the statutory ban on smoking

and try to conceal their smoking. For

example, smoke detectors are required

in lavatories because sometimes people

try to hide cigarette butts in paper-towel

refuse compartments that could lead to

a fire in flight.

The statute on which the current rules

are based is Public Law 101–164, which

was enacted in 1989 and reads as

follows:

* * * it shall be unlawful to smoke in the

passenger cabin or lavatory on any scheduled

airline flight segment in air transportation or

intrastate air transportation, which is—

(i) 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 and

Hawaii), or between any point in any one of

the aforesaid jurisdictions (other than Alaska

and Hawaii) and any point in any other of

such jurisdictions;

(ii) within the State of Alaska or within the

State of Hawaii; or

(iii) scheduled for 6 hours or less in

duration, and between any point described in

clause (1) and any point in Alaska or Hawaii,

or between any point in Alaska and any point

in Hawaii.

The current 14 CFR part 252, which

applies to air carriers and foreign air

carriers, incorporates these statutory

requirements and also requires air

carriers to ban smoking when the

ventilation system is not fully

functioning, when a plane is on the

ground, and on all aircraft with less

than 30 seats. It also requires air carriers

to ban smoking of cigars and pipes. In

addition, on flights where smoking is

not banned, the rule provides that each

air carrier furnish any confirmed

passenger who checks in on time a seat

in a no-smoking section, if requested.

The air carrier must expand the nosmoking section to accommodate all

qualified passengers and must make

special provision to ensure that, if a nosmoking section is placed between the

smoking sections, the nonsmoking

passengers are not ‘‘unreasonably

burdened.’’ Air carriers are otherwise

free to ban smoking if they choose.

In fact, all air carriers ban smoking on

all scheduled passenger flights, and

most foreign air carriers ban smoking.

At present, 97.7 percent of all scheduled

passenger flight segments to and from

the United States are smoke-free.

Recent Statutory Changes

On April 5, 2000, President Clinton

signed H.R. 1000 (P.L. 106–181), the

Wendell H. Ford Aviation Investment

and Reform Act for the 21st Century,

containing the following section:

Sec. 708. Prohibitions Against Smoking on

Scheduled Flights

(a) In General * * *

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36773

41706. Prohibitions against smoking on

scheduled flights.

(a) Smoking Prohibition in Intrastate and

Interstate Air Transportation: An individual

may not smoke in an aircraft in scheduled

passenger interstate air transportation or

scheduled passenger intrastate air

transportation.

(b) Smoking Prohibition in Foreign Air

Transportation: The Secretary of

Transportation shall require all air carriers

and foreign air carriers to prohibit smoking

in any aircraft in scheduled passenger foreign

air transportation.

(c) Limitation on Applicability:

(1) In general: If a foreign government

objects to the application of subsection (b) on

the basis that subsection (b) provides for an

extraterritorial application of the laws of the

United States, the Secretary shall waive the

application of subsection (b) to a foreign air

carrier licensed by that foreign government at

such time as an alternative prohibition

negotiated under paragraph (2) becomes

effective and is enforced by the Secretary.

(2) Alternative prohibition: If, pursuant to

paragraph (1), a foreign government objects to

the prohibition under subsection (b), the

Secretary shall enter into bilateral

negotiations with the objecting foreign

government to provide for an alternative

smoking prohibition.

(d) Regulations: The Secretary shall

prescribe such regulations as are necessary to

carry out this section.

(b) Effective Date: The amendment made

by subsection (a) shall take effect on the date

that is 60 days after the date of enactment of

this Act.

Final Rule

The Office of the Secretary’s current

smoking regulations are contained in 14

CFR Part 252 and require that air

carriers and foreign air carriers prohibit

smoking on certain flights. This rule

amends Part 252 to implement the

recent statutory ban on smoking for air

carriers and foreign air carriers. This

rule bans smoking on all scheduled

passenger flights of air carriers, and on

all scheduled passenger flight segments

of foreign air carriers (1) between points

in the U.S. and (2) between the U.S. and

foreign points. The statutory ban on

passengers smoking on aircraft in

interstate and intrastate air

transportation is self-executing and goes

into effect on the 60th day after

enactment of the statute whether or not

we update this regulation. Since this

rule essentially restates a statutory

mandate with an imminent deadline,

seeking prior notice and comment on it

is unnecessary under 5 U.S.C. 553(b).

The rule also incorporates the waiver

provision for foreign air carriers under

criteria provided in the statute. That is,

a foreign government can object to the

rule as an extraterritorial application of

U.S. laws and request a waiver of the

requirements, once bilateral

negotiations with the U.S. have put in

place an alternative smoking

prohibition.

Smoking on the flight deck is now

prohibited by the government only on

scheduled non-stop flights between

Australia, Canada, New Zealand and the

United States. Consistent with the

recent statute, the new section 252.8 in

the rule now bans smoking in all

locations within the aircraft, including

the flight deck. This new ban applies to

all air carrier and foreign air carrier

flights covered by the rule. The rule

does not change the current requirement

in §252.11 that air carriers prohibit

smoking whenever their aircraft are on

the ground. The ban, as it applies to

foreign air carriers, is less extensive. In

particular, it is flight-specific, applying

only from the time the aircraft begins

enplaning passengers to the time that all

passengers complete deplaning.

The recent statutory ban on smoking

applies to individual passengers and

flight crew as well as to air carriers and

foreign air carriers. This rule applies

only to air carriers and foreign air

carriers. The companion FAA rule

published elsewhere in today’s Federal

Register implements the statutory ban

on smoking by such individuals.

We have made nonsubstantive

changes to Part 252 to use the terms ‘‘air

carrier’’ and ‘‘foreign air carrier’’, as

defined in 49 USC 40102, in all

sections, changed and otherwise

unchanged. As stated above, an ‘‘air

carrier’’ is a citizen of the United States

undertaking to provide air

transportation, and a ‘‘foreign air

carrier’’ is a person, not a citizen of the

United States, undertaking to provide

foreign air transportation.

Effective Date

The Administrative Procedure Act, 5

U.S.C. 553(d)(3), states that regulations

may not go into effect less than 30 days

after publication except where good

cause is shown. The Wendell H. Ford

Aviation Investment and Reform Act for

the 21st Century directs the Secretary of

Transportation to issue regulations to

prohibit smoking on scheduled flights

within 60 days of its enactment.

Therefore, we must make this

amendment effective by June 4, 2000.

We have determined that good cause

exists to make this amendment effective

on June 4, 2000, rather than 30 days

after publication. All air carrier flights

and nearly 98 percent of foreign air

carrier flights to and from the U.S.

already meet this requirement. As a

result, making the rule effective in less

than 30 days after publication will

burden very few foreign air carriers.

Disposition of Comments to the 1990

Interim Final Rule (Docket No. 46783)

On February 13, 1990, the Office of

the Secretary published an interim final

rule in the Federal Register (55 FR

4991) implementing Public Law 101–

164. That act banned smoking on most

scheduled airline flight segments within

the United States. The rule also codified

a blanket waiver concerning singleentity charters and made other

clarifying changes. In addition, the

interim rule requested comments on

changing the applicability of section

252.13 from ‘‘less than 30 seats’’ to ‘‘30

seats or less’’ in order to conform to the

terminology used in the Federal

Aviation Administration’s (FAA) carrier

operating rules found in 14 CFR Parts

135 and 121. We did not receive any

comments on the proposed change.

Accordingly, this final rule adopts the

change.

We received four comments in

response to the interim final rule. One

commenter, a private citizen, expressed

his opposition to the act because it had

the effect of ‘‘alleviat[ing] any fiscal

responsibilities the airline industry may

encounter’’ to install more efficient

airplane ventilation systems. However,

the smoking ban should improve the

efficiency of existing ventilation

systems.

Sun Country Airlines suggested that

the smoking ban be extended to all

carriers, whether scheduled or charter

operations. Both the 1989 and 2000

legislation apply only to ‘‘scheduled

flights.’’ Both rules simply implement

the legislation. Nevertheless, there has

never been a requirement to permit

smoking aboard aircraft, and charter

operators have always been free to ban

smoking on any or all of their flights.

Another private citizen commented

that smokers also have rights and

suggested that proper ventilation would

solve the problem of ‘‘germ ridden’’ air.

The Tobacco Institute [TI], a trade

association of cigarette manufacturers,

stated that the Department’s ‘‘broad

statements [in the interim final rule’s

preamble] as to ‘rights’ of smokers and

nonsmokers’’ is ‘‘neither necessary nor

supported by the legislation.’’ DOT’s use

of the word ‘‘rights’’ merely emphasizes

that smokers do not have the right to

demand that an airline provide a

‘‘smoking seat.’’ We did not intend the

discussion in the interim final rule’s

preamble to be a policy statement of the

overall rights of smokers versus

nonsmokers.

TI also asserted that air carriers would

‘‘likely suffer competitive disadvantage’’

if smoking is banned on those air

carriers’ international flights. Finally, TI

36774 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

asserted that the rule exempting ‘‘singleentity charters’’ should avoid imposing

unnecessary administrative burdens on

charter operators. Specifically, TI

believes that the advance notice

provisions of §252.19 preclude

‘‘administrative flexibility’’ for charter

operators. The advance notice

provisions of §252.19 merely codified a

blanket waiver for single-entity charter

operators that has been in effect since

1982 with no serious problems. In

addition, we note that no charter

operator has commented in opposition

to this section.

Petition of David James Biss (Docket

No. 44778)

On April 7, 1987, Mr. David Biss

petitioned the Department to ban all

smoking on passenger-carrying

commercial aircraft operating under the

jurisdiction of the DOT. This final rule

addresses most of Mr. Biss’ concerns.

Accordingly, this rule disposes of his

petition for rulemaking.

Regulatory Process Matters

This rule is a nonsignificant

regulatory action under section 3(f) of

Executive Order 12866 and has not been

reviewed by the Office of Management

and Budget under that order. This rule

is also not significant under the

Regulatory Policies and Procedures of

the Department of Transportation, 44 FR

11034, (February 26, 1979), because it

primarily implements a statutory

directive. This rule is expected to have

a minimal economic effect, therefore

further regulatory evaluation is not

necessary.

Regulatory Assessment

The additional number of flights on

which airlines will be required to ban

all smoking will be a very small

percentage of all those between the

United States and foreign countries. A

total of 159 air carriers and foreign air

carriers performed departures from the

United States to foreign countries in

1998. Of these, 35 were certificated in

the U.S., and none of them permits

smoking. Of 124 foreign air carriers,

only 17 permitted smoking on any

flight. Except for Aeroflot and Olympic

Airways, all major European airlines

ban smoking. So do most of those in

other regions, excepting certain foreign

air carriers in South and Central

America, Asia, and the Middle East. Out

of 191,000 departures from the U.S. by

foreign air carriers, only 11,000, or 5.4

percent, permitted smoking in 1998.

Since more than half of the departures

are performed by air carriers, this

represents an average of 2.3 percent of

all departures. Even this figure probably

overstates the proportion of passengers

newly affected by this legislation and

rule, because the majority of such flights

are by smaller airlines on less densely

traveled routes. For example, 2,800

departures are performed by the

Mexican carrier Aero California, which

operates DC–9 aircraft seating fewer

than 100 passengers.

The benefits of protection against

environmental tobacco smoke in aircraft

include improved comfort of passengers

and crew, as well as lower risk of both

acute and chronic adverse health

impacts associated with increased

incidence of respiratory illnesses, lung

cancer, heart disease, and fetal defects

for those repeatedly exposed over a long

period. Safety will be augmented by

reduced risk of fire, preventing

impairment of the alertness of crews

resulting from smoke intoxication, and

improved reliability of equipment that

will not be subjected to accumulated

deposits of smoke residues. It is possible

that smokers will suffer some

discomfort through being prevented

from smoking during the flight, but they

too will receive the stated health and

safety benefits.

The airlines required to discontinue

their present policies of permitting

smoking in flight will benefit from

reduced maintenance costs for cleaning

and replacing upholstery, servicing nosmoking lights, and emptying ashtrays.

They will suffer no loss of revenue

through diversion of smoking

passengers; because there are no close

substitutes for scheduled airline flights

in international transportation, and all

flights will be covered by the same nosmoking rule.

Small Business Impact

Congress enacted the Regulatory

Flexibility Act of 1980, 5 U.S.C. 601 et

seq., to ensure that small entities are not

unnecessarily and disproportionately

burdened by government regulations.

The act requires agencies to review

proposed regulations that may have a

significant economic impact on a

substantial number of small entities. For

purposes of this rule, small entities

include smaller air carriers.

All small air carriers already meet the

requirements of this rule, since all air

carriers already ban smoking on all

scheduled passenger service. This rule

contains no direct reporting or recordkeeping requirements that would affect

small entities. There are no other federal

rules that duplicate, overlap, or conflict

with this rule. Therefore, I certify under

section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this regulation will not have a

significant economic impact on a

substantial number of small entities.

Paperwork Reduction Act

This proposal contains no collectionof-information requirements subject to

the Paperwork Reduction Act, Public

Law 96–511, 44 U.S.C. Chapter 35.

Federalism Implications

We have reviewed this rule in

accordance with the principles and

criteria contained in Executive Order

13132, dated August 4, 1999, and

determined that it will not have a

substantial direct effect on the States, on

the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. The rule will not

limit the policymaking discretion of the

States. Nothing in it would directly

preempt any State law or regulation.

Because the rule will have no significant

effect on State or local governments, no

consultations with State and local

governments on this rule were necessary

and it does not warrant the preparation

of a Federalism Assessment.

National Environmental Policy Act

(NEPA)

Issuing this rule is exempt from any

requirement to prepare an

environmental impact statement under

NEPA because the Department’s action

is ministerial without discretion. In

addition, the department has

determined that this rule will not have

any significant impact on the quality of

the human environment. Smoking

within an aircraft has a negligible effect

on the environment outside of the

aircraft and its elimination would also

have a negligible effect.

Within the aircraft, smoking can

result in non-smoking passengers and

crew being exposed to environmental

tobacco smoke (ETS). A study by the

Department showed that ETS

contaminants are not restricted to the

smoking section of an aircraft but are

found throughout the cabin, particularly

in the no-smoking area closest to the

smoking section. The effect of a smoking

ban would be to reduce the health risk

to passengers and crew from exposure to

ETS. It would also enhance aviation

safety by reducing the risk of (a) fire, (b)

failure of compartments holding oxygen

masks to open because of the

accumulation of tobacco tar residue and

(c) degradation of the crew’s ability to

function properly.

The issuance of a rule banning

smoking on all scheduled passenger

flights to and from this country by

foreign air carriers and on all

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36775

international scheduled passenger

flights of air carriers would have no

adverse effect on the environment. In

fact, the rule would improve air quality

within the aircraft, reduce the risk of

adverse health effects, and enhance

aviation safety.

Therefore, the department has found

that the rule will have no significant

adverse economic impact. A copy of the

environmental assessment has been

filed in the public docket.

List of Subjects in 14 CFR Part 252

Air carriers, Aircraft, Consumer

protection, Foreign air carriers,

smoking.

Accordingly, the Office of the

Secretary of the U.S. Department of

Transportation revises 14 CFR part 252

to read as follows:

PART 252—SMOKING ABOARD

AIRCRAFT

Sec.

252.1 Purpose.

252.2 Applicability.

252.3 Smoking ban: air carriers

252.5 Smoking ban: foreign air carriers.

252.7 No-smoking sections.

252.8 Extent of smoking restrictions 252.9

Ventilation systems.

252.11 Aircraft on the ground.

252.13 Small aircraft.

252.15 Cigars and pipes.

252.17 Enforcement.

252.19 Single-entity charters.

Authority: Pub. L 101–164; 49 U.S.C.

40102, 40109, 40113, 41701, 41702, 41706, as

amended by section 708 of Pub. L 106–181,

41711, and 46301.

Cross Reference: For smoking rules of the

Federal Aviation Administration, see 14 CFR

121.317(c), 121.571(a)(1)(i), 129.29,

135.117(a)(1), and 135.127(a).

§ 252.1 Purpose.

This part implements a ban on

smoking of tobacco products on air

carrier and foreign air carrier flights in

scheduled intrastate, interstate and

foreign air transportation, as required by

49 USC 41706. It also addresses

smoking on charter flights. Nothing in

this regulation shall be deemed to

require air carriers or foreign air carriers

to permit the smoking of tobacco

products aboard aircraft.

Note to § 252.1: As defined in 49 U.S.C.

40102, an ‘‘air carrier’’ is a citizen of the

United States undertaking to provide air

transportation, and a ‘‘foreign air carrier’’ is

a person, not a citizen of the United States,

undertaking to provide foreign air

transportation.

§ 252.2 Applicability.

This part applies to all operations of

air carriers engaged in interstate,

intrastate and foreign air transportation

and to foreign air carriers engaged in

foreign air transportation, but does not

apply to the on-demand services of air

taxi operators.

§ 252.3 Smoking ban: air carriers.

Air carriers shall prohibit smoking on

all scheduled passenger flights.

§ 252.5 Smoking ban: foreign air carriers.

(a) Foreign air carriers shall prohibit

smoking on all scheduled passenger

flight segments:

(1) Between points in the United

States, and

(2) Between the U.S. and any foreign

point.

(b) A foreign government objecting to

the application of paragraph (a) of this

section on the basis that paragraph (a)

provides for extraterritorial application

of the laws of the United States may

request and obtain a waiver of

paragraph (a) from the Assistant

Secretary of Transportation for

Transportation Policy, provided that an

alternative smoking prohibition

resulting from bilateral negotiations is

in effect.

§ 252.7 No-smoking sections.

(a) Except as provided in paragraph

(b) of this section, air carriers operating

nonstop flight segments to which

§§ 252.3 and 252.13 do not apply shall

provide, at a minimum:

(1) A no-smoking section for each

class of service;

(2) A sufficient number of seats in

each no-smoking section to

accommodate all persons in that class of

service who wish to be seated there;

(3) Expansion of no-smoking sections

to meet passenger demand; and

(4) Special provisions to ensure that if

a no-smoking section is placed between

smoking sections, the nonsmoking

passengers are not unreasonably

burdened.

(b) On flights for which passengers

may make confirmed reservations and

on which seats are assigned before

boarding, an air carrier need not provide

a seat in a no-smoking section to a

passenger who has not met the carrier’s

requirements as to time and method of

obtaining a seat on the flight, or who

does not have a confirmed reservation.

If a seat is available in the established

no-smoking section, however, an air

carrier shall seat there any enplaning

passenger who so requests, regardless of

boarding time or reservation status.

§ 252.8 Extent of smoking restrictions.

The restrictions on smoking described

in §§ 252.3 through 252.7 shall apply to

all locations within the aircraft.

§ 252.9 Ventilation systems.

Air carriers shall prohibit smoking

whenever the ventilation system is not

fully functioning. Fully functioning for

this purpose means operating so as to

provide the level and quality of

ventilation specified and designed by

the manufacturer for the number of

persons currently in the passenger

compartment.

§ 252.11 Aircraft on the ground.

(a) Air carriers shall prohibit smoking

whenever the aircraft is on the ground.

(b) With respect to the restrictions on

smoking described in § 252.5, foreign air

carriers shall prohibit smoking from the

time an aircraft begins enplaning

passengers until the time passengers

complete deplaning.

§ 252.13 Small aircraft.

Air carriers shall prohibit smoking on

aircraft designed to have a passenger

capacity of 30 or fewer seats.

Note to § 252.13: This section, like the rest

of this part, does not apply to on-demand

services of air taxi operators; see § 252.2 in

this part.

§ 252.15 Cigars and pipes.

Air carriers shall prohibit the smoking

of cigars and pipes aboard aircraft.

§ 252.17 Enforcement.

Air carriers and foreign air carriers

shall take such action as is necessary to

ensure that smoking by passengers or

crew is not permitted in the passenger

cabin or lavatories on no-smoking flight

segments. Air carriers shall take such

action as is necessary to ensure that

smoking by passengers or crew is not

permitted in no-smoking sections or at

other times or places where smoking is

prohibited by this part, and to maintain

required separation of passengers in

smoking and no-smoking areas.

§ 252.19 Single-entity charters.

On single-entity charters operated

pursuant to §§ 207.50 or 208.300 of this

title, air carriers need not comply with

the procedures of this part 252 if such

a request is made by the charterer,

provided that each passenger on such

flights is given notice of the smoking

procedures for the flight at the time he

or she first makes arrangements to take

the flight.

Issued in Washington, D.C. on June 2,

2000, under authority delegated by 49 CFR

1.56a (h)2.

Robert S. Goldner,

Acting Deputy Assistant Secretary for

Aviation and International Affairs.

[FR Doc. 00–14480 Filed 6–6–00; 3:32 pm]

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