[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Rules and Regulations]
[Pages 81313-81314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23136]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 25, 91, 121, and 125

[Docket No. FAA-2024-2052; Amdt. Nos. 25-153A, 91-377A, 121-393A, 125-
76A]
RIN 2120-AM00


Modernization of Passenger Information Requirements Relating to 
``No Smoking'' Sign Illumination; Correction; Confirmation of Effective 
Date

AGENCY: Federal Aviation Administration (FAA), Department Of 
Transportation (DOT).

ACTION: Direct final rule; correction; confirmation of effective date.

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SUMMARY: This action confirms the October 22, 2024, effective date of 
the Modernization of Passenger Information Requirements Relating to 
``No Smoking'' Sign Illumination direct final rule published on August 
23, 2024, and responds to the comments received on that direct final 
rule. This document also corrects the authority citation for a Code of 
Federal Regulations part revised in the direct final rule.

DATES: The effective date of October 22, 2024, for the direct final 
rule published August 23, 2024 (89 FR 68094) is confirmed. The 
correction to the direct final rule published August 23, 2024 (89 FR 
68094), is effective October 22, 2024.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this action, see ``How To 
Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Catherine Burnett, Flight Standards 
Implementation and Integration Group, Air Transportation Division, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone (202) 267-8166; email 
<a href="/cdn-cgi/l/email-protection#733012071b16011a1d165d3106011d160707331512125d141c05"><span class="__cf_email__" data-cfemail="ca89abbea2afb8a3a4afe488bfb8a4afbebe8aacababe4ada5bc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    This action confirms the effective date of the Modernization of 
Passenger Information Requirements Relating to ``No Smoking'' Sign 
Illumination direct final rule.\1\ Currently, crewmembers must be able 
to manually turn aircraft ``No Smoking'' signs on and off. This 
requirement was implemented prior to the prohibition on smoking in 
passenger cabins during all phases of flight. As a general matter, 
there is no longer a need for the signs to indicate two different 
states of smoking permissibility because smoking is not typically 
permitted at any time on most transport category aircraft operated 
commercially in the United States. However, when smoking is permitted 
on aircraft, such as when they are operated privately, crewmembers 
still must be able to manually turn ``No Smoking'' signs on and off to 
inform passengers when it is acceptable to smoke. This direct final 
rule provides more flexibility by allowing ``No Smoking'' signs to be 
illuminated continuously. This direct final rule revises five sections 
of regulations that affect aircraft manufacturers and aircraft 
operators.
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    \1\ Modernization of Passenger Information Requirements Relating 
to ``No Smoking'' Sign Illumination direct final rule, 89 FR 68094 
(Aug. 23, 2024).
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    Aircraft manufacturers will benefit from relieving changes in title 
14 of the Code of Federal Regulations (14 CFR), part 25. In addition, 
pilots and aircraft operators will benefit from relieving changes to 
regulations in parts 91, 121, and 125. The revisions to these five 
sections of 14 CFR will allow for ``No Smoking'' signs to be 
illuminated continuously without the requirement for a physical or 
software switch to be built into the aircraft at the factory or used by 
a crewmember during an aircraft operation. Specifically, the revision 
to part 25 imposes no new requirements on manufacturers; they may 
continue to make aircraft with manually operated ``No Smoking'' signs. 
However, as an alternative, the revision to part 25 allows aircraft on 
which the ``No Smoking'' signs remain illuminated continuously to 
receive type certification from the FAA without having to request 
relief from the current regulations. Similarly, with this direct final 
rule, operators will be able to operate aircraft where signs can either 
be manually operated by crewmembers or remain continuously illuminated.
    The FAA has long recognized the incongruity between the prohibition 
on smoking in most commercial aircraft and the requirement for 
manufacturers to construct, and operators to operate, aircraft with 
``No Smoking'' signs that can be turned on and off. For almost 30 
years, the FAA has addressed this incongruity through equivalent level 
of safety (ELOS) findings \2\ and regulatory exemptions,\3\ which 
allows aircraft to have ``No Smoking'' signs that are continuously 
illuminated during flight operations. This rule makes such ELOS 
findings and regulatory exemptions unnecessary. Manufacturers will be 
able to continue to manufacture, and pilots and operators will be able 
to continue to operate, aircraft with ``No Smoking'' signs that can be 
turned on and off or ``No Smoking'' signs that are illuminated 
continuously.
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    \2\ An aircraft can be type certificated, despite apparent 
noncompliance with specific airworthiness provisions, if ``any 
airworthiness provisions not complied with are compensated for by 
factors that provide an equivalent level of safety.'' 14 CFR 
21.21(b)(1). These equivalent level of safety (ELOS) findings, also 
known as equivalent safety findings (ESF), can be described in issue 
papers. Issue papers are a structured means to address certain 
issues in the certification and validation processes of aircraft and 
aircraft parts. Issue papers establish a vehicle for formal 
communication between the FAA and the applicant, and track 
resolution of the subject issues. FAA Advisory Circular (AC) 20-166.
    \3\ A petition for exemption is a request to the FAA by an 
individual or entity asking for relief from the requirements of a 
current regulation. 14 CFR 11.15.
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    Additionally, to align with the final rule Use of Supplemental 
Restraint Systems (89 FR 67834), effective October 21, 2024, the 
authority citation to part 91 in the direct final rule is corrected to 
remove the reference to 49 U.S.C. 106(g) which was removed and reserved 
by section 202 of Public Law 118-63.

II. Discussion of Comments

    The ``No Smoking'' signs direct final rule was published August 23, 
2024, and provided a period for public comment until September 23, 
2024. The FAA received three comments related to this direct final 
rule. Two comments were from individual commenters, and one comment was 
from Airlines for America (A4A). A4A supported the direct final rule as 
proposed.
    One individual commenter appreciated the anticipated stakeholder 
relief once regulated entities need no longer apply for exemptions for 
``No Smoking'' signs. The commenter asserted that the FAA should 
consider using more direct final rulemaking actions, as appropriate, to 
revise regulations when there are numerous variances or exemptions from 
a CFR section. The commenter specifically noted, by way of example, 
numerous variances for EXIT signs that could be found in the Federal 
Register.\4\
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    \4\ Petition for Exemption; Summary of Petition Received; Delta 
Air Lines, Inc., FR Doc. 2018-03115 (Feb. 15, 2018); Petition for 
Exemption; Summary of Petition Received; Delta Air Lines, Inc., FR 
Doc. 2018-25364 (Nov. 21, 2018).

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[[Page 81314]]

    The FAA periodically reviews regulations and revises 14 CFR to 
support the safety and efficiency of the national airspace system. That 
review may result in a rulemaking action if it is appropriate to do so. 
While EXIT signs are outside the scope of this direct final rule, the 
FAA may address EXIT signs in a future rulemaking action.
    The second individual commenter asserted that the ``No Smoking'' 
signs should be removed entirely. The commenter asserted that there are 
many passenger activities prohibited by FAA regulations, and the FAA 
should evaluate why only this prohibition is illuminated with signage. 
Therefore, the commenter believed the FAA should consider removing the 
``No Smoking'' signs entirely to align with other prohibited activities 
that lack signage.
    While there are many prohibited passenger activities on an 
aircraft, the FAA believes that the physical ``No Smoking'' sign, or 
the authorized equivalent thereof, are an important safety requirement. 
The physical reminder of the sign signals to passengers that they are 
not allowed to engage in a potentially hazardous smoking activity while 
onboard an aircraft. The ``No Smoking'' signs have been installed on 
aircraft for decades and continue to be an effective reminder for the 
traveling public. Therefore, the FAA will continue to require signage 
prohibiting smoking in the passenger cabin.
    After consideration of the comments submitted in response to the 
direct final rule, the FAA has determined that no further rulemaking 
action is necessary. Therefore, the effective date of the direct final 
rule published August 23, 2024, at 89 FR 68094 is confirmed.

III. Correction of the Authority Citation for Part 91

    In the Federal Register of August 22, 2024, in final rule Use of 
Supplemental Restraint Systems at 89 FR 67834, the FAA revised the 
authority citation for part 91 by removing 49 U.S.C. 106(g). However, 
the FAA retained that authority citation for part 91 in the published 
Modernization of Passenger Information Requirements Relating to ``No 
Smoking'' Sign Illumination direct final rule published in the Federal 
Register of August 23, 2024, at 89 FR 68094. To correct this error, the 
FAA is revising the authority citation for part 91.

IV. How To Obtain Additional Information

A. Electronic Access and Filing

    A copy of the direct final rule, all comments received, this 
confirmation document, and all background material may be viewed online 
at www.regulations.gov using the docket number listed above. A copy of 
this confirmation document will be placed in the docket. Electronic 
retrieval help and guidelines are available on the website. It is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded from the Office of the Federal 
Register's website at www.federalregister.gov and the Government 
Publishing Office's website at www.govinfo.gov. A copy may also be 
found on the FAA's Regulations and Policies website at www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this final rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document, 
may contact its local FAA official, or the person listed under the FOR 
FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 
To find out more about SBREFA on the internet, visit www.faa.gov/regulations_policies/rulemaking/sbre_act/.

Correction

    In FR Doc. 2024-18602 in the Federal Register of Friday, August 23, 
2024, the following correction is made:

PART 91 [Corrected]

0
1. On page 68099, in the third column, in part 91, in amendment 3, the 
authority citation ``49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 
47508, 47528-47531, 47534, Public Law 114-190, 130 Stat. 615 (49 U.S.C. 
44703 note); articles 12 and 29 of the Convention on International 
Civil Aviation (61 Stat. 1180), (126 Stat. 11).'' is corrected to read 
``49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 
44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 
46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 47534, 
Public Law 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); articles 12 
and 29 of the Convention on International Civil Aviation (61 Stat. 
1180), (126 Stat. 11).''
    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 
41706(e) in Washington, DC.

Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2024-23136 Filed 10-7-24; 8:45 am]
BILLING CODE 4910-13-P


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