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Final Rule: Use of Electronic Cigarettes on Aircraft

The Department of Transportation is issuing a final rule to extend the smoking ban in 14 CFR Part 252 to include all charter (i.e., nonscheduled) flights where a flight attendant is a required crewmember. The revised Part 252 would comport with 49 U.S.C. § 41706, which was revised in 2012, to ban smoking on charter flights where a flight attendant is a required crewmember. This final rule also explicitly bans the use of electronic cigarettes (“e-cigarettes”) on all flights where smoking is banned. The Department interprets the existing Part 252 to prohibit e-cigarette use, but is codifying this interpretation.

Honoring tickets of insolvent airlines

The purpose of this notice is to clarify the obligation of airlines under section 145 of the Aviation and Transportation Security Act (“Act”) to provide transportation to passengers of airlines that have ceased operations due to insolvency or bankruptcy.  (P.L. 107-71, 115 Stat. 645 (November 19, 2001).)  This notice is needed because of numerous consumer complaints received by the Department regarding the treatment of passengers holding Vanguard Airline tickets by other airlines in the wake of Vanguard’s July 30, 2002, cessation of operations.

Honoring tickets of insolvent airlines, add'l information

The Department issued a notice on August 8, 2002, providing guidance for airlines and the traveling public regarding the obligation of airlines under section 145 of the Aviation and Transportation Security Act (“Act”) to transport passengers of airlines that have ceased operations due to insolvency or bankruptcy.  (P.L. 107-71, 115 Stat. 645 (November 19, 2001))  That notice, which was issued after Vanguard Airlines’ July 2002 cessation of service, was intended to provide immediate guidance in response to numerous complaints from ticketed passengers and inquiries from airlines.  On November 6, 2002, National Airlines ceased operations.  The purpose of this notice is to remind carriers that the provisions of section 145 also apply to National Airlines’ cessation of service.

Honoring tickets of insolvent airlines: more information

On November 14, 2002, the Department of Transportation issued a notice providing guidance for airlines and the traveling public regarding the obligation of airlines under section 145 of the Aviation and Transportation Security Act, P.L. 107-71, 115 Stat. 645 (November 19, 2001) (“Act”), to transport passengers of airlines that have ceased operations due to insolvency or bankruptcy.  That notice, issued after National Airlines’ November 6, 2002, cessation of operations, followed a similar notice issued August 8, 2002, after Vanguard Airlines’ July 2002 cessation of service.  Both notices were intended to provide immediate guidance in response to numerous complaints from ticketed passengers and inquiries from airlines.  In addition, the November 14 notice also requested comments from airlines and the traveling public about the cost to carriers of transporting passengers of carriers that had ceased operations.  The purpose of this notice is to respond to those comments. 

Notice of Proposed Rulemaking Federal Register Version

The Department of Transportation is proposing to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes on all aircraft in scheduled passenger interstate, intrastate and foreign air transportation. The Department is taking this action because of the increased promotion of electronic cigarettes and the potential health and passenger comfort concerns that they pose in an aircraft. The Department is also considering whether to extend the ban on smoking (including electronic cigarettes) to charter flights of air carriers (i.e. U.S. carriers) and foreign air carriers with aircraft that have a designed seating capacity of 19 or more passenger seats.

DOT Policy on E-Cigarettes

Excerpted from answers to Questions for the Record provided by Susan Kurland, Assistant Secretary for Aviation and International Affairs, U.S. Department of Transportation, following a June 17, 2010, hearing before the Senate Committee on Commerce, Science and Transportation

Notice of Department of Transportation Requirements Regarding Flights to College Bowl Games and other Special Events

This notice is to provide guidance to colleges and other organizations wishing to arrange charter flights, including flights to football bowl games, NCAA basketball playoff games, or other special events. The notice is also intended to provide information regarding the economic licensing and operational certification of air carriers by the U.S. Department of Transportation (DOT).

It is important that colleges and other entities are fully aware of this information since they often charter aircraft to travel to events and we wish to avoid instances of organizations (1) contracting with entities that hold no DOT economic authority; (2) unknowingly chartering aircraft from entities that are not subject to the most stringent safety standards and oversight of the Federal Aviation Administration (FAA), a DOT operating administration; or (3) reselling seats on a charter flight without their first having obtained proper authority to do so.
 

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