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FAA proposes update to obsolete no-smoking sign regulations

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FAA proposes update to obsolete no-smoking sign regulations
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The Federal Aviation Administration (FAA) has announced a proposal to eliminate the longstanding regulation requiring no-smoking signs that can be turned on and off by flight crews. This regulation, codified as 14 CFR § 25.791(a), has been in place for nearly three decades despite significant changes in airline smoking policies.

Six months ago, United Airlines faced operational disruptions when it grounded its Airbus A321neo fleet due to non-compliance with this rule. The oversight occurred because United did not apply for an exemption to the regulation when taking delivery of these aircraft, which resulted in canceled flights until the exemption was secured.

Historically, airlines have received exemptions without controversy for planes that do not conform to the outdated requirement. "United simply forgot to ask for this pro forma exemption when taking delivery of their Airbus A321neos for the first time," leading to the compliance issue.

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The FAA acknowledged the redundancy of the rule, noting that no U.S. airline has allowed smoking since 2000 and many modern aircraft are manufactured without no-smoking signs that can be turned off. In a recent filing spanning 23 pages, the FAA proposed allowing airlines to use continuously illuminated no-smoking signs, thereby eliminating the need for regulatory exemptions.

"The FAA has long recognized the incongruity between the prohibition on smoking in most commercial aircraft and the requirement for manufacturers to construct, and operators to operate, aircraft with 'No Smoking' signs that can be turned on and off," stated the agency. The new rule aims to streamline compliance by making equivalent level of safety (ELOS) findings and regulatory exemptions unnecessary.

Manufacturers will still have the option to produce aircraft with either type of no-smoking sign, but continuous illumination will now meet regulatory standards without additional paperwork.

This change follows other instances where specific FAA permissions were required for seemingly straightforward modifications or actions by airlines. For example, American Airlines needed FAA approval to install doors on business class seats and distribute hand sanitizer during the COVID-19 pandemic.

Despite smoking being banned on flights for decades, airplanes continue to feature ashtrays—primarily located near lavatories—to safely dispose of cigarettes should passengers illegally smoke onboard. This measure prevents potential fire hazards from improperly discarded cigarette butts.

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