republic-os/legal/us/code/title-49/chapter-417/section-41706.md

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LegalText	49 U.S.C. § 41706	Prohibitions against smoking on passenger flights	us	united_states_code	code_section	49	TRANSPORTATION	417	OPERATIONS OF CARRIERS	41706	49 U.S.C. § 41706	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip	/us/usc/t49/s41706	data/legal/raw/us/code/title-49/usc49.xml	654169f58094f844504527d45849fef0ef1f25ae87e3e7de41d34b5ee04c9617	0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb	752f01021e545fff11f1f87a9affeb506b78c23b95b9c6806d156e95ff4ace63	2026-07-04	official	legal us-code

49 U.S.C. § 41706 - Prohibitions against smoking on passenger flights

Text

(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.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4170649 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.

Editorial Notes

Amendments2018—Subsecs. (d), (e). Pub. L. 115–254 added subsec. (d) and redesignated former subsec. (d) as (e). 2012—Pub. L. 112–95, § 401(a)(1), substituted “passenger” for “scheduled” in section catchline. Subsecs. (a), (b). Pub. L. 112–95, § 401(a)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows: “(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.” 2000—Pub. L. 106–181 amended 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2000 AmendmentPub. 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].”