As used in this part:
Air carrier means a carrier that is a citizen of the United States undertaking to provide air transportation as defined in 49 U.S.C. 40102.
Foreign air carrier means a carrier that is not a citizen of the United States undertaking to provide foreign air transportation as defined in 49 U.S.C. 40102.
Smoking means the use of a tobacco product, electronic cigarettes whether or not they are a tobacco product, or similar products that produce a smoke, mist, vapor, or aerosol, with the exception of products (other than electronic cigarettes) which meet the definition of a medical device in section 201(h) of the Federal Food, Drug and Cosmetic Act, such as nebulizers.
[Docket DOT-OST-2011-0044, 81 FR 11427, Mar. 4, 2016]
Notes of Decisions
Diefenthal v. Civil Aeronautics Bd., 681 F.2d 1039 (5th Cir. 1982).
“Eastern’s manual was adopted pursuant to 14 C.F.R. § 252.3 , which in turn was adopted pursuant to section 1374(a).”
Am. Express Travel Related Servs. Co. v. Marco, 611 F. Supp. 938 (S.D.N.Y. 1985).
“Count six of the complaint alleges a violation of the regulation governing smoking in air travel, 14 C.F.R. § 252.3 (1983), which provides that “[e]ach air carrier shall take such action as is necessary to ensure that smoking is not permitted in no-smoking sections ____” Marco…”
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