U.S. Code > Title 49 Transportation > SUBTITLE VII—AVIATION PROGRAMS (§§ 40101—50105) > PART A—AIR COMMERCE AND SAFETY (§§ 40101—46507) > subpart ii—economic regulation (§§ 41101—42121) > CHAPTER 417—OPERATIONS OF CARRIERS (§§ 41701—41767) > SUBCHAPTER I—REQUIREMENTS (§§ 41701—41723) > § 41706. Prohibitions against smoking on scheduled flights

§ 41706. Prohibitions against smoking on scheduled flights

(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.