Main Theme: This rulemaking modernizes FAA regulations concerning “No Smoking” signs on aircraft by allowing them to be either continuously illuminated or manually controlled by crewmembers. This aligns with the current practice of prohibiting smoking on most commercial flights.
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Key Ideas and Facts:
Historical Context: The rule acknowledges the evolution of smoking regulations on aircraft, from initial separation of smoking and non-smoking sections to the eventual complete ban on smoking on most U.S. scheduled flights in 2000.
"In 1973, the Civil Aeronautics Board (CAB) required the separation of smoking and non-smoking passengers onboard flights... In response to a Congressional mandate, the FAA required all domestic and international air carriers to prohibit smoking on their aircraft."
Incongruity of Existing Regulations: Previous regulations mandated “No Smoking” signs to be operable by crewmembers, even though smoking was widely prohibited. This created an incongruity addressed through time-consuming Equivalent Level of Safety (ELOS) findings and exemptions.
"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."
Benefits of the Rulemaking: This rulemaking eliminates the need for ELOS findings and exemptions, saving time and resources for manufacturers, operators, and the FAA. It also simplifies regulations by aligning them with the current practice of prohibiting smoking.
"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."
Key Regulatory Changes: 14 CFR part 25: Revised to permit aircraft manufacturers to choose between “No Smoking” signs that are continuously illuminated, operable by crewmembers, or placards stating the smoking prohibition.
14 CFR parts 91, 121, and 125: Amended to allow operators to choose between continuously illuminating "No Smoking" signs or operating aircraft with signs controllable by a crewmember.
"Lighted “No Smoking” signs must either be operable by a member of the flightcrew or be illuminated continuously during airplane operations." - 14 CFR 25.791(a)(2)
No New Requirements: The rule provides flexibility and does not impose new requirements on manufacturers or operators.
"With these changes, the FAA is providing an alternative to existing regulatory requirements and not creating any new requirements."
Public Comment Period: The FAA is soliciting public comments on the rule until September 23, 2024.
Impact: This rule provides much-needed modernization and simplification of regulations related to “No Smoking” signs on aircraft. It offers flexibility to manufacturers and operators while maintaining a clear visual reminder of the smoking prohibition for passengers.
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