Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Rules and Regulations 81313 

1 Modernization of Passenger Information 

Requirements Relating to ‘‘No Smoking’’ Sign 

Illumination direct final rule, 89 FR 68094 (Aug. 23, 

2024). 

2An 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. 

3A 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. 

4Petition 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). 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC. 

Michael Gordon Whitaker, 

Administrator. 

[FR Doc. 2024–22000 Filed 10–7–24; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 Catherine.Burnett@faa.gov. 

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. 

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. 

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


ddrumheller on DSK120RN23PROD with RULES1
81314 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Rules and Regulations 

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] 

■ 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0769; Project 

Identifier AD–2023–00556–T; Amendment 

39–22815; AD 2024–16–09] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 777–200, 

–200LR, –300, –300ER, and 777F series 

airplanes. This AD was prompted by a 

report indicating multiple findings of 

cracks in the fuselage skin common to 

the underwing longeron (UWL). This 

AD requires external or internal 

(depending on configuration) 

inspections for any cracking of the left 

and right side fuselage skin common to 

the UWL, and applicable on-condition 

actions. The FAA is issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective November 

12, 2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 12, 2024. 

ADDRESSES: 


ddrumheller on DSK120RN23PROD with RULES1