Rule2024-23136
Modernization of Passenger Information Requirements Relating to “No Smoking” Sign Illumination; Correction; Confirmation of Effective Date
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 8, 2024
Effective
October 22, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 195 (Tuesday, October 8, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the Government
Publishing Office's website at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. A copy may also be
found on the FAA's Regulations and Policies website at <a href="http://www.faa.gov/regulations_policies">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 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 <a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
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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