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U.S. Code as of:
01/19/04
Section 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.
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