§ 41706. Prohibitions against smoking on passenger flights
724 words·~3 min read·
/usc/title-49/section-41706A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Smoking Prohibition in Interstate and Intrastate Air Transportation.— An individual may not smoke—
(1)in an aircraft in scheduled passenger interstate or intrastate air transportation; or
(2)in an aircraft in nonscheduled passenger interstate or intrastate air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator of the Federal Aviation Administration).
(b)Smoking Prohibition in Foreign Air Transportation.— The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking—
(1)in an aircraft in scheduled passenger foreign air transportation; and
(2)in an aircraft in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator or a foreign government).
(c)Limitation on Applicability.—
(1)In general.— If a foreign government objects to the application of subsection
(b)on the basis that subsection
(b)provides for an extraterritorial application of the laws of the United States, the Secretary shall waive the application of subsection
(b)to a foreign air carrier licensed by that foreign government at such time as an alternative prohibition negotiated under paragraph
(2)becomes effective and is enforced by the Secretary.
(2)Alternative prohibition.— If, pursuant to paragraph (1), a foreign government objects to the prohibition under subsection (b), the Secretary shall enter into bilateral negotiations with the objecting foreign government to provide for an alternative smoking prohibition.
(d)Electronic Cigarettes.—
(1)Inclusion.— The use of an electronic cigarette shall be treated as smoking for purposes of this section.
(2)Electronic cigarette defined.— In this section, the term “electronic cigarette” means a device that delivers nicotine to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.
(e)Regulations.— The Secretary shall prescribe such regulations as are necessary to carry out this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, § 708(a), Apr. 5, 2000, 114 Stat. 159; Pub. L. 112–95, title IV, § 401(a), Feb. 14, 2012, 126 Stat. 83; Pub. L. 115–254, div. B, title IV, § 409, Oct. 5, 2018, 132 Stat. 3331.)
In subsection (a), before clause (1), the words “On and after the date of expiration of the 4-month period following December 22, 1987” are omitted as executed. The words “of an aircraft” are added for clarity. The text of 49 App.:1374
(note)is omitted as executed.
Connections97 cite this · traces to 1
Cited by 97 sections · top 37
register
- Proposed RulesNotice of proposed rulemaking (NPRM)
- NoticesSemiannual regulatory agenda
- Rules and RegulationsUnified agenda of Federal regulatory and deregulatory actions (regulatory agenda)
- Presidential DocumentsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesSemiannual regulatory agenda
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesFinal rule; Disposition of comments; disposition of petition for rulemaking
- Rules and RegulationsAdvance Notice of Proposed Rulemaking (ANPRM)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Rules and RegulationsDirect final rule; request for comments
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Rules and RegulationsSemiannual regulatory agenda
- Rules and RegulationsFinal rule
- NoticesSemiannual regulatory agenda
- Proposed RulesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Rules and RegulationsSemiannual Regulatory Agenda
- NoticesSemiannual regulatory agenda
- Proposed RulesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesFinal rule
- NoticesIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesSemiannual regulatory agenda
- Proposed RulesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Rules and RegulationsSemiannual regulatory agenda
- Rules and RegulationsSemiannual regulatory agenda
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- Proposed RulesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
- NoticesSemiannual Regulatory Agenda
- Rules and RegulationsRepublication
- Rules and RegulationsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- Proposed RulesUnified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)
Traces to 1 document
public-private-law
11 references not yet in our index
- Pub. L. 103–272, § 1(e)
- 108 Stat. 1141
- Pub. L. 106–181, title VII, § 708(a)
- 114 Stat. 159
- Pub. L. 112–95, title IV, § 401(a)
- 126 Stat. 83
- 132 Stat. 3331
- Pub. L. 112–95, § 401(a)(1)
- Pub. L. 112–95, § 401(a)(2)
- Pub. L. 106–181
- Pub. L. 106–181, title VII, § 708(b)
Citation graph
cites case law
§ 41706
Prohibitions against smoking on passenger flights
Fed. Reg.×96
Stat.×1
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 1141
Pub. L.Pub. L. 106–181, title VII, § 708(a)
Stat.114 Stat. 159
Pub. L.Pub. L. 112–95, title IV, § 401(a)
Cites 12 · showing 6Cited by 97 across 2 sources