Rule2024-18602
Modernization of Passenger Information Requirements Relating to “No Smoking” Sign Illumination
Primary source
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Published
August 23, 2024
Effective
October 22, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The Federal Aviation Administration (FAA) is amending its regulations to allow aircraft to operate either with "No Smoking" signs continuously illuminated or with "No Smoking" signs a crewmember can turn on and off. Currently, crewmembers must be able to manually turn aircraft "No Smoking" signs on and off. However, the current regulations were drafted when the Department of Transportation (DOT) permitted smoking at times on commercial flights. These amendments bring FAA regulations into alignment with current practice for aircraft manufacturing and operations.
Full Text
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<title>Federal Register, Volume 89 Issue 164 (Friday, August 23, 2024)</title>
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[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68094-68100]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18602]
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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. 25-153, 91-377, 121-393, 125-76]
RIN 2120-AM00
Modernization of Passenger Information Requirements Relating to
``No Smoking'' Sign Illumination
AGENCY: Federal Aviation Administration (FAA), Department Of
Transportation (DOT).
ACTION: Direct final rule; request for comments.
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SUMMARY: The Federal Aviation Administration (FAA) is amending its
regulations to allow aircraft to operate either with ``No Smoking''
signs continuously illuminated or with ``No Smoking'' signs a
crewmember can turn on and off. Currently, crewmembers must be able to
manually turn aircraft ``No Smoking'' signs on and off. However, the
current regulations were drafted when the Department of Transportation
(DOT) permitted smoking at times on commercial flights. These
amendments bring FAA regulations into alignment with current practice
for aircraft manufacturing and operations.
DATES: This direct final rule is effective October 22, 2024.
Submit comments on or before September 23, 2024. If the FAA
receives an adverse comment, the FAA will advise the public by
publishing a document in the Federal Register before the effective date
of this direct final rule. That document may withdraw the direct final
rule in whole or in part.
ADDRESSES: Send comments identified by docket number FAA-2024-2052
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> and follow the online instructions for sending
your comments electronically.
<bullet> Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
<bullet> Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a> at any time. Follow the online
instructions for accessing the docket or go to the Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
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#2c6f4d5844495e454249026e595e424958586c4a4d4d024b435a"><span class="__cf_email__" data-cfemail="3b785a4f535e4952555e15794e49555e4f4f7b5d5a5a155c544d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
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
[[Page 68095]]
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 the 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 \1\ and regulatory exemptions,\2\ 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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\1\ 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.
\2\ 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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II. Direct Final Rule
An agency typically uses direct final rulemaking when it
anticipates that a proposed rule is unnecessary as the rule is
considered noncontroversial.\3\ The FAA has determined that this rule
is suitable for direct final rulemaking and that publication of a
notice of proposed rulemaking (NPRM) is unnecessary because the rule
merely aligns minor regulations of lighted ``No Smoking'' signs with
the current prohibition on smoking. The rule imposes no new duties on
regulated entities and will have little to no practical effect on the
American flying public.
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\3\ 14 CFR 11.13. See also U.S. Department of Transportation
(DOT) Order 2100.6A, paragraph 10.j(1)(b) (saying proposed rules are
not required for ``[r]ules for which notice and comment is
unnecessary to inform the rulemaking, such as rules correcting de
minimis technical or clerical errors or rules addressing other minor
and insubstantial matters, provided the reasons to forgo public
comment are explained in the preamble to the final rule.'')
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Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with prior notice
and comment for rules when the agency for ``good cause'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without first publishing a proposed rule.
The FAA finds that publication of an NPRM would be ``unnecessary'' \4\
for this action. A proposed rule is unnecessary for ``the issuance of a
minor rule in which the public is not particularly interested.'' \5\ As
noted previously, this rule will have no direct impact on the American
flying public; smoking has been generally banned on flights since
2000.\6\ A direct final rule is also appropriate because this is a
largely technical change with no detrimental effects on regulated
entities.\7\ This rule imposes no new duties on manufacturers and
operators. It explicitly allows manufacturers to continue to make, and
operators to continue to operate, aircraft with manually operated ``No
Smoking'' signs, but it no longer requires them to do so. Finally, this
rulemaking is largely technical in that it codifies practices already
widely permitted by exemption.
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\4\ 5 U.S.C. 553(b)(B).
\5\ Attorney General's Manual on the Administrative Procedure
Act (1947), 31. See also Mack Trucks, Inc. v. E.P.A., 682 F.3d 87,
94 (D.C. Cir. 2012) (quoting Util. Solid Waste Activities Grp. v.
E.P.A., 236 F.3d 749, 755 (D.C. Cir. 2001), which cites, in turn,
the Attorney General's Manual.).
\6\ Prohibition of Smoking on Scheduled Passenger Flights final
rule, 65 FR 36776 (Jun. 9, 2000).
\7\ Nat'l Helium Corp. v. Fed. Energy Admin., 569 F.2d 1137,
1146 (Temp. Emer. Ct. App. 1977). (``Because the change was largely
technical and did not substantively alter the existing regulatory
framework . . . , and because there was ultimately no detrimental
impact on the rights of the parties regulated, prior notice and
opportunity to comment were `unnecessary'.'')
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The FAA is providing notice to and seeking comment from the public
prior to effectuating these changes.\8\ If the FAA receives an adverse
comment during the comment period, the FAA will advise the public by
publishing a document in the Federal Register before the effective date
of the direct final rule, in accordance with part 11. If the FAA
withdraws a direct final rule because of an adverse comment, the FAA
may incorporate the commenter's recommendation into another direct
final rule or may publish an NPRM.\9\
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\8\ Adoption of Recommendations, 60 FR 43109, 43110-43111 (Aug.
18, 1995) (describing Administrative Conference of the United
States, Recommendation 95-4, Procedures for Noncontroversial and
Expedited Rulemaking).
\9\ 14 CFR 11.31(c).
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For purposes of this direct final rule, an adverse comment is one
that explains (1) why the rule is inappropriate, including challenges
to the rule's underlying premise or approach; or (2) why the direct
final rule will be ineffective or unacceptable without a change.\10\ In
determining whether an adverse comment necessitates withdrawal of this
direct final rule, the FAA will consider whether the comment raises an
issue serious enough to warrant a substantive response had it been
submitted in response to publication of an NPRM. A comment recommending
additional provisions to the rule will not be considered adverse unless
the comment explains how this direct final rule would be ineffective
without the added provisions.\11\
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\10\ 14 CFR 11.31(a).
\11\ 14 CFR 11.31(a)(1).
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Under the direct final rule process, the FAA does not consider a
comment to be adverse if that comment recommends an amendment to a
different regulation beyond the regulations in the direct final rule at
issue. The FAA also does not consider a frivolous or insubstantial
comment to be adverse.\12\
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\12\ 14 CFR 11.31(a)(1) and (2).
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If the FAA receives no adverse comments, the FAA will publish a
confirmation notice in the Federal
[[Page 68096]]
Register, generally within 15 days after the comment period closes. The
confirmation notice announces the effective date of the rule.\13\
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\13\ 14 CFR 11.31(b).
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III. Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
title 49 of the United States Code (U.S.C.). Subtitle I, section 106,
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. Under section 44701, the FAA is charged with promoting safe
flight of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce.
This rulemaking is promulgated under 49 U.S.C. 41706, which
prohibits smoking on passenger flights and grants the FAA authority to
``prescribe such regulations as are necessary'' to enforce that
prohibition. Regulations requiring ``No Smoking'' signs and prescribing
specific standards for required ``No Smoking'' signs fall within that
grant of authority. This rulemaking, which removes a previously
required standard for the construction of ``No Smoking'' signs, also
falls within that authority.
This rulemaking is also promulgated under the authority granted to
the Administrator in 49 U.S.C. subtitle VII, part A, subpart iii,
chapter 401, section 40113 (prescribing general authority of the
Administrator of the FAA with respect to aviation safety duties and
powers to prescribe regulations) and subpart III, chapter 447, sections
44701 (general authority of the Administrator to promote safe flight of
civil aircraft in air commerce by prescribing regulations and setting
minimum standards for other practices, methods, and procedures
necessary for safety in air commerce and national security), 44702
(general authority of the Administrator to issue certificates,
including airworthiness certificates), 44704 (general authority of the
Administrator to prescribe regulations for the issuance of
certificates), and 44705 (authority to issue air carrier operating
certificates). These authorities provide the means by which the
Administrator enforces the prohibition on smoking. As the Administrator
has broad discretion over certification and aviation safety, the
Administrator has broad discretion over how a ban on smoking is
enforced.
IV. Discussion of the Direct Final Rule
A. History
In 1973, the Civil Aeronautics Board (CAB) required the separation
of smoking and non-smoking passengers onboard flights.\14\ In
subsequent years, the CAB and then the Office of the Secretary (OST) of
the DOT, to which CAB functions were transferred, revised the rule
several times, each time further limiting smoking.\15\ In a final rule
that established 14 CFR part 125, the FAA confirmed that smoking must
be prohibited during takeoff and landing.\16\ The FAA further limited
smoking on aircraft in 1988 with the promulgation of 14 CFR
121.317,\17\ which limited smoking during takeoff and landing along
with a smoking ban on flights with a duration of two hours or less. The
purpose of the ``No Smoking'' signs during this time was to inform
occupants in the cabin when smoking was otherwise permitted.
Furthermore, in 1990, the FAA published a final rule that amended Sec.
25.791 to consolidate the passenger-required placards such as the
``Fasten Seat Belt'' and ``No Smoking'' signs in one easy-to-reference
section for aircraft manufacturers.\18\ The amendment to Sec. 25.791
also consolidated the requirement for crew to be able to turn on and
off the ``No Smoking'' signs to apply to aircraft on which smoking was
prohibited as well as aircraft on which smoking was allowed.\19\ Prior
to the consolidation, aircraft on which smoking was prohibited only
required a placard rather than an operable sign.
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\14\ Provision of Designated ``No-Smoking'' Areas Aboard
Aircraft Operated By Certificated Air Carriers final rule, 38 FR
12207 (May 10, 1973).
\15\ Smoking Aboard Aircraft final rule, 65 FR 36772 (Jun. 9,
2000).
\16\ Certification and Operation Rules for Certain Large
Airplanes; Establishment of Part and Miscellaneous Amendments to
Existing Regulations final rule, 45 FR 67214 (Oct. 9, 1980), at
67246.
\17\ Smoking Aboard Aircraft final rule 52 FR 12358 (Apr. 13,
1988), at 12361-12362.
\18\ Special Review: Transport Category Airplane Airworthiness
Standards final rule, 55 FR 29756 (Jul. 20, 1990) at 29764.
\19\ Id., 29780.
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In 1992, the FAA promulgated regulations requiring ``No Smoking''
signs to be on when an airplane is taxiing.\20\ These clarifying
amendments also harmonized requirements across CFR sections for
passengers to obey the lighted ``No Smoking'' signs. Finally, in
response to a Congressional mandate, the FAA required all domestic and
international air carriers to prohibit smoking on their aircraft.\21\
DOT issued a final rule the same day also updating its regulations to
implement the statutory ban.\22\ After the issuance of this regulation
in 2000, practically all commercial scheduled flights have banned
smoking for the entirety of the flight. The FAA acknowledges that not
all transport-category aircraft certificated under part 25 are operated
solely in the United States, and as such, they are not required to
comply with DOT and the FAA regulations pertaining to smoking. However,
by the time DOT and the FAA banned smoking in 2000, nearly all U.S.
international flights were already smoke-free, due to both governmental
regulation and voluntary action by airlines, and most commercial
airline flights operated in countries other than the U.S. were also
smoke-free.
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\20\ Miscellaneous Operational Amendments final rule, 57 FR
42662 (Sep. 15, 1992), at 42665.
\21\ Prohibition of Smoking on Scheduled Passenger Flights final
rule, 65 FR 36776 (Jun. 9, 2000).
\22\ Smoking Aboard Aircraft final rule, 65 FR 36772 (Jun. 9,
2000).
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Today, aircraft manufactured to the airworthiness standards of
Sec. 25.791(a) must have ``No Smoking'' signs that a member of the
flightcrew can turn on and off, and that are legible while turned on to
each person seated in the cabin under all cabin lighting
configurations. Additionally, pilots and crewmembers who conduct
flights operated under Sec. Sec. 91.517(a), 121.317(a), 125.207(a)(3),
or 125.217(a) are required to be able to turn on and off the ``No
Smoking'' signs on an aircraft with either a software or hardware
action.
B. Addressing Requests for Regulatory Relief
In 1992, in response to smoking becoming prohibited on most
scheduled flight segments in the United States, the FAA coordinated
with an aircraft manufacturer to develop an ELOS finding in accordance
with Sec. 21.21(b)(1) addressing lighted ``No Smoking'' signs. The
manufacturer requested that the FAA allow it to install lighted ``No
Smoking'' signs that remain continuously illuminated on specific
aircraft models. The FAA concluded that continuously lighted ``No
Smoking'' signs provide an ELOS to ``No Smoking'' placards on the
requested aircraft. The FAA has since developed four other ELOS
findings in accordance with Sec. 21.21(b)(1) with manufacturers to
allow the installation of ``No Smoking'' signs that are continuously
illuminated on other models of aircraft. Even with an ELOS finding in
accordance with Sec. 21.21(b)(1), aircraft operators who elect to
operate aircraft with the continuously illuminated ``No
[[Page 68097]]
Smoking'' signs then need to petition for an exemption from Sec. Sec.
91.517(a), 121.317(a), 125.207(a)(3), or 125.217(a), as applicable, to
allow flight operations with the continuously illuminated ``No
Smoking'' signs.
Delta Air Lines, Inc. (Delta) became the first aircraft operator to
request an exemption from the then-current regulations in 1995.\23\
Delta sought relief from the requirement that a crewmember be able to
operate a switch to turn the ``No Smoking'' sign on and off. The FAA
granted Delta's petition for exemption from both Sec. Sec. 121.317(a)
and 25.791(a), and dozens of petitions for exemption from other
aircraft manufacturers and aircraft operators for relief from the FAA's
``No Smoking'' signs regulations followed. There are currently 44
active exemptions regarding these ``No Smoking'' sign regulations.
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\23\ FAA Exemption No. 6034.
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Currently, the FAA requires aircraft manufacturers to show that the
aircraft meets an ELOS findings in accordance with Sec. 21.21(b)(1)
before it will certify aircraft with continuously illuminated ``No
Smoking'' signs. Aircraft operators require exemptions to operate such
aircraft. This rulemaking revises the ``No Smoking'' sign regulations
so that all manufacturers and operators will no longer need to expend
resources to receive regulatory relief through ELOS findings and
exemptions. Since continuously illuminated signs generally provide an
ELOS to placards and operable signs, there is no benefit to continuing
to require manufacturers and operators to prove this in each individual
case.
C. Revisions to Requirements of Aircraft ``No Smoking'' Signs
The FAA is revising its regulations to provide an additional option
regarding the manufacture and operation of ``No Smoking'' signs and
placards on aircraft. Specifically, this rulemaking permits aircraft
manufacturers to manufacture aircraft with lighted ``No Smoking'' signs
that are continuously illuminated and cannot be turned off and permits
crews to operate aircraft with ``No Smoking'' signs that remain
continuously illuminated. No new requirements are imposed; for example,
manufacturers may still produce aircraft with placards stating smoking
is prohibited. Since air carriers may not allow smoking during most
operations conducted in the United States, outdated language stating
``If smoking is to be allowed . . .'' has been removed.
To address the current requirement that aircraft be manufactured
only with ``No Smoking'' signs that can be turned on and off, the FAA
is revising Sec. 25.791(a) to permit an aircraft manufacturer to
manufacture an aircraft with ``No Smoking'' signs that can be turned on
and off, with placards stating smoking is prohibited, or with lighted
``No Smoking'' signs that are continuously illuminated. Revised
sections 91.517(a), 121.317(a), 125.207(a)(3), and 125.217(a) will
allow operators to continuously illuminate ``No Smoking'' signs or, as
before, to continue operating aircraft with ``No Smoking'' signs that
can be controlled by a crewmember.
With these changes, the FAA is providing an alternative to existing
regulatory requirements and not creating any new requirements. Even
though smoking is prohibited, there are still passengers who may wish
to smoke despite the prohibition, and the FAA continues to believe the
sign or placard requirement provides a continuous reminder to
passengers of the ban on smoking.
D. Regulations Not Revised as Part of This Rulemaking
Section 25.791(a), as it is written currently, does not
differentiate between requirements for the construction of ``No
Smoking'' signs on aircraft where smoking is to be prohibited and on
aircraft where smoking is to be allowed. However, prior to publication
of the Revision of Airworthiness Standards for Normal, Utility,
Acrobatic, and Commuter Category Airplanes final rule,\24\ Sec. Sec.
23.853, 27.853, and 29.853, the corresponding regulations addressing
``No Smoking'' signs in current parts 23, 27, and 29, were written such
that the requirement for ``No Smoking'' signs to be constructed so that
the crew can turn them on and off only applied to aircraft where
smoking is to be allowed. Parts 23, 27, and 29 aircraft on which
smoking is prohibited require only a placard stating so. Thus, the FAA
is not revising parts 23, 27, and 29 in this direct final rule.
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\24\ Revision of Airworthiness Standards for Normal, Utility,
Acrobatic, and Commuter Category Airplanes final rule, 81 FR 96572
at 96689 (Dec. 30, 2016).
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Similarly, the FAA is not revising regulations in part 135 related
to ``No Smoking'' signs as these regulations do not include the
prescriptive requirements found in parts 91, 121, and 125 related to
crew operation of ``No Smoking'' signs. Finally, this rulemaking action
does not revise any placarding requirements in part 25.
V. Regulatory Notices and Analyses
Federal agencies consider the impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate that
may result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $183 million using the most
current (2023) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble presents the FAA's analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA has determined that this
direct final rule: will not exceed the economic impact threshold for a
``significant regulatory action'' set in section 3(f)(1) of Executive
Order 12866, as amended by Executive Order 14094; will not have a
significant economic impact on a substantial number of small entities;
will not create unnecessary obstacles to the foreign commerce of the
United States; and will not impose an unfunded mandate on State, local,
or tribal governments, or on the private sector.
A. Regulatory Evaluation
On June 4, 2000, the FAA banned smoking for all U.S. scheduled
flights. At the time of the ban, several rules required ``No Smoking''
signs to be constructed so that they were ``operable'' (14 CFR 25.171)
or could be turned on and off (14 CFR 91.571, 121.317, 125.207, and
125.217) by a crewmember by means of an on-off switch.
As noted previously, the FAA recognizes the incongruity of these
rules given the industry-wide ban on
[[Page 68098]]
smoking. By means of ELOS findings, part 25 manufacturers have been
allowed to hardwire ``No Smoking'' signs on existing in-service
aircraft and, for newly manufactured aircraft, have been allowed to
construct ``No Smoking'' signs that were permanently and continuously
illuminated. Correspondingly, operators have been allowed to operate
such aircraft after they receive the authority to do so through an
exemption issued by the FAA.
Over a period of nearly 30 years, the FAA has made several ELOS
findings and issued 57 exemptions.\25\ ELOS findings and the exemption
process are both time-consuming and burdensome for manufacturers and
operators, who must justify their requests for this regulatory relief,
and for the FAA, which must evaluate and coordinate these regulatory
requests. The burden of the exemptions process has been exacerbated
since the exemptions, until recently, were generally issued for a two-
year period only and thus had to be regularly renewed.
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\25\ The FAA granted exemptions to Delta Airlines in 1995 (FAA
Exemption No. 6034) and to American Airlines in 1999 (FAA Exemption
No. 6853), both of which established an airline-wide ban on smoking
prior to the FAA industry-wide ban in 2000.
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This direct final rule provides permanent and universal regulatory
relief previously granted to specific parties through ELOS findings and
exemptions. Manufacturers are now allowed to produce aircraft with ``No
Smoking'' signs that can be illuminated continuously, and operators are
allowed to operate them without petitioning the FAA. For manufacturers,
operators, and the FAA, this rulemaking eliminates unnecessary costs of
time and paperwork associated with ELOS findings and exemptions.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240), requires Federal agencies to consider the effects of
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
As described in the Regulatory Evaluation, this rule relieves
aircraft manufacturers from the need to request ELOS findings from the
FAA and operators from the need to petition the FAA to allow ``No
Smoking'' signs to be continuously illuminated. Further, if an agency
determines that a rulemaking will not result in a significant economic
impact on a substantial number of small entities, the head of the
agency may so certify under section 605(b) of the RFA. Therefore, based
on the foregoing, the FAA Administrator certifies that this direct
final rule will not have a significant economic impact on a substantial
number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this direct final rule
and determined that it ensures the safety of the American public and
does not exclude imports that meet this objective. The rule relieves
restrictions on ``No Smoking'' signs for both domestic and foreign
manufacturers and operators and so does not create unnecessary
obstacles to foreign commerce. As a result, this direct final rule is a
safety rule consistent with the Trade Agreements Act.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal governments, or the private sector to incur direct
costs without the Federal government having first provided the funds to
pay those costs. This rulemaking creates no new requirements and so
imposes no direct costs. Therefore, the FAA has determined that the
requirements of the Unfunded Mandates Reform Act do not apply.
E. 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. The FAA has determined that
there will be no new requirement for information collection associated
with this direct final rule.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act (NEPA) in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this direct 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, the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government and, therefore, will not have federalism
implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this direct final rule under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use. The FAA has determined that it is not a
``significant energy action'' under the executive order and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
[[Page 68099]]
C. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609 and has determined that this action will have no
effect on international regulatory cooperation.
VII. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The most
helpful comments reference a specific portion of the rule, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this rulemaking. Before acting on this rulemaking,
the FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this rule in light of the comments
it receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this direct final rule contain commercial or financial information that
is customarily treated as private, that you actually treat as private,
and that is relevant or responsive to this direct final rule, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and they will not be placed in the public docket of this direct
final rule. Submissions containing CBI should be sent to the person in
the FOR FURTHER INFORMATION CONTACT section of this document. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
C. Electronic Access and Filing
A copy of this direct final rule, all comments received, any
confirmation document, and all background material may be viewed online
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> using the docket number listed above. A
copy of this direct final rule 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 <a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the
Government Publishing Office's website at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A
copy may also be found on the FAA's Regulations and Policies website at
<a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
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 amendment number of this
rulemaking.
All documents the FAA considered in developing this direct final
rule, including economic analyses and technical reports, may be
accessed in the electronic docket for this rulemaking.
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the 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 <a href="https://www.faa.gov/regulations_policies/rulemaking/sbre_act/">https://www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
List of Subjects
14 CFR Part 25
Aircraft, Aviation safety.
14 CFR Part 91
Aircraft, Airmen, Aviation safety, Air carriers, Air taxis, Charter
flights.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Charter flights,
Safety.
14 CFR Part 125
Aircraft, Airmen, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
0
1. The authority citation for part 25 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702 and
44704; Pub. L. 115-254, 132 Stat 3281 (49 U.S.C. 44903 note).
0
2. Amend Sec. 25.791 by revising paragraph (a) to read as follows:
Sec. 25.791 Passenger information signs and placards.
(a) Regarding ``No Smoking'' signs and placards:
(1) There must be at least one placard, or lighted sign, stating if
smoking is prohibited. The placard or lighted sign must be legible to
each person seated in the cabin.
(2) Lighted ``No Smoking'' signs must either be operable by a
member of the flightcrew or be illuminated continuously during airplane
operations. Illuminated signs must be legible under all probable
conditions of cabin illumination to each person seated in the cabin.
* * * * *
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
3. The authority citation for part 91 continues to read as follows:
Authority: 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, Pub. L. 114-190, 130 Stat. 615
[[Page 68100]]
(49 U.S.C. 44703 note); articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
4. Amend Sec. 91.517 by revising paragraph (a) to read as follows:
Sec. 91.517 Passenger information.
(a) Except as provided in paragraph (b) of this section, no person
may operate an airplane carrying passengers unless it is equipped with
signs that are visible to passengers and flight attendants to notify
them when smoking is prohibited and when safety belts must be fastened.
(1) The signs that notify when safety belts must be fastened must
be so constructed that the crew can turn them on and off.
(2) The signs that prohibit smoking and signs that notify when
safety belts must be fastened must be illuminated during airplane
movement on the surface, for each takeoff, for each landing, and when
otherwise considered to be necessary by the pilot in command.
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
5. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706,
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat.
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717,
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732
note); Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44701 note).
0
6. Amend Sec. 121.317 by revising paragraph (a) to read as follows:
Sec. 121.317 Passenger information requirements, smoking
prohibitions, and additional seat belt requirements.
(a) Except as provided in paragraph (l) of this section, no person
may operate an airplane unless it is equipped with passenger
information signs that meet the requirements of Sec. 25.791 of this
chapter.
* * * * *
PART 125--CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
0
7. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-44717, 44722.
0
8. Amend Sec. 125.207 by revising paragraph (a)(3) to read as follows:
Sec. 125.207 Emergency equipment requirements.
(a) * * *
(3) Signs that meet the following requirements:
(i) Signs that are visible to all occupants to notify them when
safety belts should be fastened. These signs must be so constructed
that they can be turned on and off by a crewmember. They must be turned
on for each takeoff and each landing and when otherwise considered to
be necessary by the pilot in command.
(ii) Signs that are visible to all occupants to notify them when
smoking is prohibited. These signs must be turned on for each takeoff
and each landing and when otherwise considered to be necessary by the
pilot in command.
* * * * *
0
9. Amend Sec. 125.217 by revising paragraph (a) to read as follows:
Sec. 125.217 Passenger information.
(a) Except as provided in paragraph (b) of this section, no person
may operate an airplane carrying passengers unless it is equipped with
signs that meet the requirements of Sec. 25.791 of this chapter and
that are visible to passengers and flight attendants to notify them
when smoking is prohibited and when safety belts must be fastened.
(1) The signs that notify when safety belts must be fastened must
be so constructed that the crew can turn them on and off.
(2) The signs that prohibit smoking and signs that notify when
safety belts must be fastened must be illuminated during airplane
movement on the surface, for each takeoff, for each landing, and when
otherwise considered to be necessary by the pilot in command.
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 41706(e) in Washington, DC.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024-18602 Filed 8-22-24; 8:45 am]
BILLING CODE 4910-13-P
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