Modernization of Passenger Information Requirements Relating to “No Smoking” Sign Illumination, 68094-68100 [2024-18602]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[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 [www.gpo.gov]
[FR Doc No: 2024-18602]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     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.
     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.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov/ 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 
[email protected].

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.'')
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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'.'')
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \10\ 14 CFR 11.31(a).
    \11\ 14 CFR 11.31(a)(1).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \12\ 14 CFR 11.31(a)(1) and (2).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \13\ 14 CFR 11.31(b).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \23\ FAA Exemption No. 6034.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \24\ Revision of Airworthiness Standards for Normal, Utility, 
Acrobatic, and Commuter Category Airplanes final rule, 81 FR 96572 
at 96689 (Dec. 30, 2016).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

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 https://www.regulations.gov 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 https://www.federalregister.gov and the 
Government Publishing Office's website at https://www.govinfo.gov. A 
copy may also be found on the FAA's Regulations and Policies website at 
https://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 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 https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

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