49 USC § 41706 - Prohibitions against smoking on scheduled flights | Title 49 - Transportation | U.S. Code

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(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) Regulations.— The Secretary shall prescribe such regulations as are necessary to carry out this section.

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(a) Smoking Prohibition in Intrastate and Interstate Air Transportation.— An individual may not smoke in an aircraft in scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation.

(b) Smoking Prohibition in Foreign Air Transportation.— The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking in any aircraft in scheduled passenger foreign air transportation.

(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) Regulations.— The Secretary shall prescribe such regulations as are necessary to carry out this section.

Source

(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.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41706
49 App.:1374(d)(1).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 404(d)(1); added Dec. 22, 1987, Pub. L. 100–202, § 328(a), 101 Stat. 1329–382; Nov. 21, 1989, Pub. L. 101–164, § 335 (less effective date), 103 Stat. 1098, 1099.
	49 App.:1374 (note).
Nov. 21, 1989, Pub. L. 101–164, § 335 (related to effective date), 103 Stat. 1099.

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.

Amendments

2000—Pub. L. 106–181amended section catchline and text generally. Prior to amendment, text read as follows:

“(a) General.—An individual may not smoke in the passenger cabin or lavatory of an aircraft on a scheduled airline flight segment in air transportation or intrastate air transportation that is—

“(1) between places in a State of the United States, the District of Columbia, Puerto Rico, or the Virgin Islands;

“(2) between a place in any jurisdiction referred to in clause (1) of this subsection (except Alaska and Hawaii) and a place in any other of those jurisdictions; or

“(3)(A) scheduled for not more than 6 hours’ duration; and

“(B)(i) between a place referred to in clause (1) of this subsection (except Alaska and Hawaii) and Alaska or Hawaii; or

“(ii) between Alaska and Hawaii.

“(b) Regulations.—The Secretary of Transportation shall prescribe regulations necessary to carry out this section.”

Effective Date of 2000 Amendment

Pub. L. 106–181, title VII, § 708(b),Apr. 5, 2000, 114 Stat. 159, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Apr. 5, 2000].”

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

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Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

49 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 41706		2012	112-95 [Sec.] 401(a)	126 Stat. 83

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

14 CFR - Title 14—Aeronautics and Space

14 CFR 120 - DRUG AND ALCOHOL TESTING PROGRAM

14 CFR 121 - OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS

14 CFR 135 - OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

14 CFR 200 - DEFINITIONS AND INSTRUCTIONS

14 CFR 201 - AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF THE UNITED STATES CODE—[AMENDED]

14 CFR 203 - WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES

14 CFR 204 - DATA TO SUPPORT FITNESS DETERMINATIONS

14 CFR 205 - AIRCRAFT ACCIDENT LIABILITY INSURANCE

14 CFR 206 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: SPECIAL AUTHORIZATIONS AND EXEMPTIONS

14 CFR 211 - APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS

14 CFR 213 - TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS