';


Title 14 Part 252

Title 14 → Chapter II → Subchapter A → Part 252

Electronic Code of Federal Regulations e-CFR

Title 14 Part 252

e-CFR data is current as of July 12, 2019

Title 14Chapter IISubchapter A → Part 252


Title 14: Aeronautics and Space


PART 252—SMOKING ABOARD AIRCRAFT


Contents
§252.1   Purpose.
§252.2   Applicability.
§252.3   Definitions.
§252.4   Smoking ban: air carriers.
§252.5   Smoking ban: foreign air carriers.
§252.8   Extent of smoking restrictions.
§252.9   Ventilation systems.
§252.11   Aircraft on the ground.
§252.17   Enforcement.

Authority: Pub. L. 101-164; 49 U.S.C. 40102, 40109, 40113, 41701, 41702, 41706 as amended by section 708 of Pub. L. 106-181 and section 401 of Pub. L. 112-95, 41711, and 46301.

Cross Reference: For smoking rules of the Federal Aviation Administration, see 14 CFR 121.317(c), 121.571(a)(1)(i), 129.29, 135.117(a)(1), and 135.127(a).

Source: Docket No. DOT-OST-2000-7473, 65 FR 36775, June 9, 2000, unless otherwise noted.

return arrow Back to Top

§252.1   Purpose.

This part implements a ban on smoking as defined in §252.3, including the use of electronic cigarettes and certain other devices, on flights by air carriers and foreign air carriers.

[Docket DOT-OST-2011-0044, 81 FR 11427, Mar. 4, 2016]

return arrow Back to Top

§252.2   Applicability.

This part applies to operations of air carriers engaged in interstate, intrastate and foreign air transportation and to foreign air carriers engaged in foreign air transportation.

[Docket DOT-OST-2011-0044, 81 FR 11427, Mar. 4, 2016]

return arrow Back to Top

§252.3   Definitions.

As used in this part:

Air carrier means a carrier that is a citizen of the United States undertaking to provide air transportation as defined in 49 U.S.C. 40102.

Foreign air carrier means a carrier that is not a citizen of the United States undertaking to provide foreign air transportation as defined in 49 U.S.C. 40102.

Smoking means the use of a tobacco product, electronic cigarettes whether or not they are a tobacco product, or similar products that produce a smoke, mist, vapor, or aerosol, with the exception of products (other than electronic cigarettes) which meet the definition of a medical device in section 201(h) of the Federal Food, Drug and Cosmetic Act, such as nebulizers.

[Docket DOT-OST-2011-0044, 81 FR 11427, Mar. 4, 2016]

return arrow Back to Top

§252.4   Smoking ban: air carriers.

Air carriers shall prohibit smoking on the following flights:

(a) Scheduled passenger flights.

(b) Nonscheduled passenger flights, except for the following flights where a flight attendant is not a required crewmember on the aircraft as determined by the Administrator of the Federal Aviation Administration:

(1) Single entity charters.

(2) On-demand services of air taxi operators.

(c) Nothing in this section shall be deemed to require air carriers to permit smoking aboard aircraft.

[Docket DOT-OST-2011-0044, 81 FR 11427, Mar. 4, 2016]

return arrow Back to Top

§252.5   Smoking ban: foreign air carriers.

(a)(1) Foreign air carriers shall prohibit smoking on flight segments that occur between points in the United States, and between the United States and any foreign point, in the following types of operations:

(i) Scheduled passenger foreign air transportation.

(ii) Nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft as determined by the Administrator of the Federal Aviation Administration or a foreign carrier's government.

(2) Nothing in this section shall be deemed to require foreign air carriers to permit smoking aboard aircraft.

(b) A foreign government objecting to the application of paragraph (a) of this section on the basis that paragraph (a) provides for extraterritorial application of the laws of the United States may request and obtain a waiver of paragraph (a) from the Assistant Secretary for Aviation and International Affairs, provided that an alternative smoking prohibition resulting from bilateral negotiations is in effect.

[Docket DOT-OST-2011-0044, 81 FR 11427, Mar. 4, 2016]

return arrow Back to Top

§252.8   Extent of smoking restrictions.

The restrictions on smoking described in §§252.4 and 252.5 shall apply to all locations within the aircraft.

[Docket DOT-OST-2011-0044, 81 FR 11428, Mar. 4, 2016]

return arrow Back to Top

§252.9   Ventilation systems.

Air carriers shall prohibit smoking whenever the ventilation system is not fully functioning. Fully functioning for this purpose means operating so as to provide the level and quality of ventilation specified and designed by the manufacturer for the number of persons currently in the passenger compartment.

return arrow Back to Top

§252.11   Aircraft on the ground.

(a) Air carriers shall prohibit smoking whenever the aircraft is on the ground.

(b) With respect to the restrictions on smoking described in §252.5, foreign air carriers shall prohibit smoking from the time an aircraft begins enplaning passengers until the time passengers complete deplaning.

return arrow Back to Top

§252.17   Enforcement.

Air carriers and foreign air carriers shall take such action as is necessary to ensure that smoking by passengers or crew is not permitted where smoking is prohibited by this part, including but not limited to aircraft lavatories.

[Docket DOT-OST-2011-0044, 81 FR 11428, Mar. 4, 2016]

return arrow Back to Top