[Federal Register Volume 64, Number 4 (Thursday, January 7, 1999)]
[Rules and Regulations]
[Pages 1076-1080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-58]



[[Page 1075]]

_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Parts 91, 121, 125, and 135



Crewmember Interference, Portable Electronic Devices, and Other 
Passenger Related Requirements; Final Rule

  Federal Register / Vol. 64, No. 4 / Thursday, January 7, 1999 / Rules 
and Regulations  

[[Page 1076]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, 125, and 135

[Docket No. FAA-1998-4954]
RIN 2120-AG70


Crewmember Interference, Portable Electronic Devices, and Other 
Passenger Related Requirements

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Final rule, technical amendments.

-----------------------------------------------------------------------

SUMMARY: This final rule clarifies that certain provisions of the 
current rules are applicable to passengers and others aboard aircraft. 
Additionally, the final rule defines the geographic range of some of 
these requirements. The provisions affected by these amendments concern 
portable electronic devices, use of safety belts, shoulder harnesses 
and child restraint systems, prohibition on interference with 
crewmembers, and certain other provisions. This final rule makes clear 
that these provisions apply as follows: to all aircraft, unless 
otherwise specified, when those aircraft are operating within the U.S. 
or within the airspace over the waters extending 12 nautical miles from 
the U.S. coastline; and on all U.S. registered aircraft operating 
outside of the U.S., so long as the application of these rules is not 
inconsistent with applicable regulations of the foreign country where 
the aircraft is operated or annex 2 of the Convention on International 
Civil Aviation. A provision also is being added to part 125 that 
indicates that this part applies to persons on board aircraft. The FAA 
is extending the application of the prohibition on interference with 
crewmembers to all civil aircraft flights that depart from or land in 
the U.S., regardless of whether such aircraft are registered in the 
U.S. This is consistent with criminal law provisions concerning the 
``special aircraft jurisdiction of the U.S.''
    Additionally, provisions are being added to parts 121 (Operating 
Requirements: Domestic, Flag and Supplemental Operations), 125 
(Certification and Operations: Airplanes Having a Seating Capacity of 
20 or More Passengers or a Maximum Payload Capacity of 6,000 pounds or 
More) and 135 (Operating Requirements: Commuter and On-Demand 
Operations) that mirror sections 91.11 and 91.21.

EFFECTIVE DATE: January 7, 1999.

FOR FURTHER INFORMATION CONTACT:
Carol Toth, Attorney Advisor, Office of the Chief Counsel, AGC-220, 
Federal Aviation Administration, 800 Independence Ave. S.W., 
Washington, D.C. 20591, 202-267-3073, or [AFS or ACS contact].

SUPPLEMENTARY INFORMATION:

Availability

    Using a modem and suitable communications software, an electronic 
copy of this document may be downloaded from the FAA regulations 
section of the FEDWORLD electronic bulletin board service (telephone: 
703-321-3339) the Federal Register's electronic bulletin board service 
(Telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory 
Committee (ARAC) bulletin board service (telephone: 800-322-2722 or 
202-267-5948).
    Internet use may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the Federal Register webpage at http://
www.access.gpo.gov/su__docs/acess/aces140.html for access to recently 
published rulemaking documents.
    Any person may obtain a copy of this final rule by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM-1, 800 Independence Ave., SW, Washington, DC 20591 or by calling 
202-267-9680. Communications must identify the amendment number or 
docket number of this final rule. Persons interested in being placed on 
the mailing list for future Notices of Proposed Rulemaking (NPRMs) and 
Final Rules should request from the above office a copy of Advisory 
Circular No. 11-2A NPRM Distribution System, that describes the 
application procedures.

Justification for Proceeding Without Notice and Comment

    The FAA is issuing this final rule without notice and opportunity 
to comment pursuant to its authority under Section 4(a) of the 
Administrative Procedure Act, 5 U.S.C. 553(b). This provision allows 
the FAA to issue a final rule without notice and comment when the 
agency for good cause finds that notice and public procedure are 
``impracticable, unnecessary or contrary to the public interest.'' The 
FAA finds that issuance of this Final Rule does not require notice and 
comment because it is unnecessary given that the FAA's regulatory 
history surrounding the adoption of the existing provisions, and in 
some instances the provision itself, indicate that these sections were 
intended to apply to passengers. Therefore, the clarifications provided 
in this final rule regarding the applicability of the rules to 
passengers and others aboard aircraft are minor technical corrections 
that do not substantively change the impact of the regulation and 
merely clarify prior agency position.
    As to the application of these rules to U.S. registered aircraft 
operating at a distance greater than 12 nautical miles from the U.S. 
coast, prior notice and comment procedures are unnecessary inasmuch as 
the FAA always intended these rules to apply on U.S. registered 
aircraft, even those operating outside U.S. airspace. An error in the 
1989 reorganization of part 91, however, inadvertently limited these 
rules to operations within the U.S. and within 12 nautical miles of the 
U.S. coast. Delaying the implementation of this final rule would be 
contrary to the public interest in that it would hinder the agency's 
efforts to ensure a safe flying environment for both the public and air 
carrier employees.
    As to the application of the rule pertaining to the prohibition on 
interference with crewmembers on a non-U.S. registered aircraft that 
has a geographic nexus with the U.S., prior notice and comment 
procedures are unnecessary inasmuch as Congress has already 
criminalized such conduct and the exercise of this jurisdiction 
comports with the obligations of the U.S. under international law. 
Violations of the FAA's prohibition could only result in the imposition 
of a civil penalty, whereas the same conduct would be a violation of 
U.S. criminal law and subject the offender to criminal penalties 
including fines and/or imprisonment pursuant to 49 U.S.C. 46504. 
Delaying the implementation of this final rule would be contrary to the 
public interest in that it would hinder the FAA's efforts to bring the 
civil safety regulations into harmony with U.S. criminal law and hinder 
the FAA's effort to ensure a safe flying environment to and from the 
U.S.

Part 91

Discussion of the Amendment [Applicability to Passengers and Others 
Aboard Aircraft]

    The amendments to this part clarify that the following provisions 
are applicable to passengers: Sec. 91.11 (Prohibition against 
interference with crewmembers); Sec. 91.21 (Portable electronic 
devices); Sec. 91.107(3) (Use of safety belts, shoulder harnesses and 
child restraint systems); and Sec. 91.517(c) and (d) (Passenger 
information).
    This amendment is necessary because it has recently been brought to 
the FAA's attention that there is some confusion as to the 
applicability of the

[[Page 1077]]

passenger specific provisions in part 91 because of the way the 
applicability provision of Sec. 91.1 was drafted.
    The applicability provision of Sec. 91.1(a) applies to the 
``operation of aircraft * * * within the United States, including the 
waters within 3 nautical miles of the U.S. coast.'' The term 
``operation of aircraft'' is statutorily defined as follows:
    Using aircraft for the purposes of air navigation, including--
    (A) The navigation of aircraft; and
    (B) Causing or authorizing the operation of aircraft with or 
without the right of legal control of the aircraft. (49 U.S.C. 
Sec. 40102(32))
    Thus, part 91 covers the operation of all aircraft not otherwise 
excepted, including foreign aircraft, in the airspace over the U.S. or 
within the airspace over the waters within 3 nautical miles of the U.S. 
coast. Section 91.1(b) specifically applies part 91 to ``[e]ach person 
operating an aircraft in the airspace overlying the waters between 3 
and 12 nautical miles from the coast of the United States.'' Unlike 
parts 121 and 135 which contain applicability provisions that 
specifically make those parts apply to each person on board an aircraft 
(see Secs.  121.1(e) and 135.1(a)(6)), there is no provision in 
Sec. 91.1 that specifically states that part 91 is also applicable to 
all individuals on board an aircraft operated under part 91.
    A similar problem also has been identified in Subpart H to part 91 
(Secs. 91.701-91.715), Foreign Aircraft Operations and Operations of 
U.S. Registered Civil Aircraft Outside of the U.S. Section 91.701 
states that this ``subpart applies to the operations of civil aircraft 
of U.S. registry outside of the United States and the operations of 
foreign civil aircraft within the United States''. Section 91.703(a)(3) 
provides that, with a few exceptions, ``each person operating a civil 
aircraft of U.S. registry outside of the U.S. shall * * * comply with 
this part [part 91] so far as it is not inconsistent with applicable 
regulations of the foreign country where the aircraft is operated or 
annex 2 of the Convention on International Civil Aviation.'' Subpart H 
does not contain a provision that specifically indicates that persons 
on board an aircraft of U.S. registry operating outside of the United 
States or persons on board foreign aircraft operating within the U.S. 
are governed by the requirements of Secs. 91.11, 91.21, 91.107(a)(3) 
and 91.517.
    As discussed below, both the regulatory history surrounding the 
adoption of the provisions together with the original language of the 
provisions before the reorganization of part 91 in 1989 indicate that 
these provisions were intended to apply to each person on board an 
aircraft (e.g., passengers), and in fact have been so applied since the 
adoption of these provisions.

Historical Overview

    According to the regulatory history, both Secs. 91.11 and 91.21 
were clearly intended to apply to passengers upon adoption of the 
regulations, as well as to crewmembers and any other ``person'' on 
board the aircraft. The special regulation (SR 448A) that was the 
precursor to Sec. 91.11 indicated that the regulation was necessary to 
``provide additional controls over the conduct of passengers in order 
to avoid a serious threat to the safety of flights and persons aboard 
them,'' 26 FR 7009 (July 28. 1961) amended by 26 FR 9669 (October 13, 
1961), Likewise the special regulation that preceded Sec. 91.21 was 
adopted because of the concern that passengers might carry onto an 
aircraft certain types of portable radio receivers that could possibly 
interfere with navigation and communications equipment. See SR 446B, 28 
FR 3648 (April 13, 1963).
    Section 91.107(3) specifically applies to ``each person on board a 
U.S. registered civil aircraft.'' This section requires each person to 
occupy an approved seat or berth with a safety belt and, if installed, 
shoulder harness properly secured about him or her during movement on 
the surface, takeoff and landing. In the final rule adopting this 
provision, the FAA indicated that one of the purposes for the rule was 
to rectify the fact that ``in some circumstances certain parts of the 
FAR do not require passenger compliance with these lighted passenger 
information signs, posted signs and placards and crewmember safety-
related instructions.'' See 57 FR 42662, 42669 (September 15, 1992).
    Section 91.517(c) and (d) also specifically apply to persons on 
board U.S. registered aircraft. The applicability of this section is 
obvious given the title and the fact that the word ``passenger'' is 
used in the language of the provision. Specifically, the provision 
requires ``passengers'' to adhere to ``no smoking'' signs, ``fasten 
seat belt'' signs and abide by other instructions provided by the crew.
    The FAA previously has stated that the provisions of part 91 
governing crew interference and radio interference are applicable to 
civil aircraft of U.S. registry operated inside and outside U.S. 
navigable airspace so long as they are not inconsistent with applicable 
regulations of any foreign country or annex 2 to the Convention on 
International Civil Aviation. See FR 19096 (December 30, 1964). All of 
the requirements of part 91 were made applicable to civil aircraft of 
U.S. registry operating outside the U.S. pursuant to a final rule 
issued June 15, 1966. See 31 FR 8354.
    In 1989, the FAA reorganized part 91 pursuant to the final rule 
issued August 18, 1989 (54 FR 34284). In that final rule, the FAA 
divided the pre-1989 Sec. 91.1 so that all applicability provisions 
relating to foreign operations were moved to Sec. 91.703. Section 
91.1(b) was initially added in 1988 to clearly extend the controlled 
airspace of the United States in accordance with international law. See 
54 FR 265 (January 4, 1989); Territorial Sea of the United States of 
America, Presidential Proclamation No. 5928 of Dec. 27, 1988. In the 
1989 reorganization of part 91, the FAA did not intend any substantive 
changes to the geographic applicability of those part 91 provisions, 
nor was any intent expressed to modify the FAA's past position that 
part 91 applies to passengers in certain instances as well.

Purpose of the ``Unless Otherwise Specified'' Language in Section 
91.1(c)

    Section 91.1(c) is designed to clarify that part 91 also applies to 
each person aboard an aircraft operated under this part. The ``unless 
otherwise specified'' language refers to the fact that certain part 91 
provisions (e.g., Secs. 91.21, 91.107(a)(3) and 91.517) are limited by 
their terms to persons on board U.S. registered aircraft. Therefore, 
these provisions would not cover persons on board foreign registered 
aircraft operating in U.S. airspace. Additionally, the ``unless 
otherwise specified'' language also is used because most of the rules 
in Part 91 are directed toward aircraft operators or owners, not to 
persons aboard aircraft.

Discussion of the Amendment [Applicability of Part 91 Outside U.S. 
Airspace]

    The amendment in subpart H to part 91 is designed to extend the 
applicability of Section 91.11 to all aircraft (including foreign 
registered aircraft) having a specified nexus with the U.S. Congress 
established the ``special aircraft jurisdiction of the U.S.'' to impose 
criminal penalties in the event an individual interferes with flight 
crewmembers or attendants while an aircraft is in flight. The term 
``special aircraft jurisdiction of the U.S.'' is defined under 49 
U.S.C. 46501(2) as any of the following aircraft in flight:
    (A) A civil aircraft of the United States:
* * * * *

[[Page 1078]]

    (C) Another aircraft in the United States;
    (D) Another aircraft outside the United States--
    (i) That has its next scheduled destination or last place of 
departure in the United States, if the aircraft next lands in the 
United States;
    (ii) On which an individual commits an offense (as defined in the 
Convention for the Suppression of Unlawful Seizure of Aircraft) if the 
aircraft lands in the U.S. with the individual still on the aircraft; 
or
    (iii) Against which an individual commits an offense (as defined in 
subsection (d) or (e) of article I, section I of the convention for the 
Suppression of Unlawful Acts against the Safety of Civil Aviation) if 
the aircraft lands in the United States with the individual still on 
the aircraft.
    (E) Any other aircraft leased without crew to a lessee whose 
principal place of business is in the United States or, if the lessee 
does not have a principal place of business, whose permanent residence 
is in the United States.
    The FAA already has civil penalty regulations that apply Sec. 91.11 
to the scenarios presented in paragraphs (A) and (C) above. Consistent 
with the criminal jurisdiction of the U.S., the FAA is extending 
Sec. 91.11 to provide for civil penalties applicable to persons who 
violate this provision while on board aircraft operating within the 
special aircraft jurisdiction of the U.S. as described in (D) and (E). 
The FAA finds that good cause exists to extend the Sec. 91.11 provision 
to the situations specified in (D) and (E) above without notice and 
comment procedures in-as-much as criminal penalties already exist for 
such conduct in the special aircraft jurisdiction of the U.S. Moreover, 
there is compelling public interest in enhancing the safety of such 
operations by the deterrent effects of having civil penalty authority 
for such conduct. This is consistent with the obligations of the U.S. 
and most other nations under international law. See Convention for the 
Suppression of Unlawful Acts Against the Safety of Civil Aviation, 
September 23, 1971, 24 U.S.T. 564; and Convention for the Suppression 
of Unlawful Seizure of Aircraft, December 16, 1970, 22 U.S.T. 1641. 
Additionally, in conformance with international law, the extension of 
91.11 will cover operations conducted by U.S. air carriers on non-U.S. 
registered aircraft wholly outside the U.S. The signatories to the 
above treaties encourage states to assert jurisdiction and impose 
severe penalties for, among other things, threatening or performing an 
act of violence against a person on board an aircraft that will 
endanger the aircraft.

Parts 121, 125 and 135

    Section 119.1(c) provides that ``[p]ersons subject to this part 
[119] must comply with the other requirements of this chapter [Chapter 
1], except where those requirements are modified by or where additional 
requirements are imposed by part 119, 121, 125, or 135 of this 
chapter.'' Since there are no requirements in parts 119, 121, 125 or 
135 that modify the provisions of Secs. 91.11 and 91.21, the provisions 
of Secs. 91.11 and 91.21 also apply to those persons subject to part 
119. Part 119 applies to those persons acting like direct air carriers 
or other commercial operators, as specified in Sec. 119.1(a). 
Passengers and other people who are not acting like air carriers and 
other commercial operators are not subject to part 119 and thus are not 
subject to the Sec. 119.1(c) provision that incorporates the other 
requirements of Chapter 1 of Title 14 of the CFR. The agency's 
longstanding position has been that both of these part 91 provisions 
would apply to passengers and others aboard aircraft being operated 
under parts 121, 125 and 135. Therefore, the addition of provisions 
similar to Sec. 91.11 and 91.21 into parts 121, 125 and 135 is a 
clarifying change, where notice and comment procedures are not 
necessary. Those part 121, 125 and 125 provisions are: 121.306, 
121.580, 125.204, 125.328, 135.120 and 135.144. The FAA merely intends 
these amendments as clarifying the rights, duties and obligations of 
all persons on board an aircraft.
    Both parts 121 and 135 have a section that indicates that the 
respective part applies to each person on board the aircraft. See 
Secs. 121.1(e) and 135.1(a)(6). Part 125 does not contain such a 
reference. Therefore, the FAA is amending part 125 to adopt a provision 
(section 125.1(d)) that specifies that this part applies to each person 
on board the aircraft.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires the FAA to report inquiries from small entities 
concerning information on, and advice about, compliance with statutes 
and regulations within the FAA's jurisdiction, including interpretation 
and application of the law to specific sets of facts supplied by a 
small entity.
    If you are a small entity and have a question, contact your local 
FAA official. If you do not know how to contact your local FAA 
official, you may contact Charlene Brown, Program Analyst Staff, Office 
of Rulemaking, ARM-27, Federal Aviation Administration, 800 
Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. Internet 
users can find additional information on SBREFA in the ``Quick Jump'' 
section of the FAA's web page at http://www.faa.gov and may send 
electronic inquiries to the following Internet address: 9-AWA-
[email protected].

Agency Findings

    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. This rule will not 
have any economic costs on any covered persons. For the reasons 
discussed in the preamble, I certify that this regulation (1) is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. The FAA has determined 
that the expected impact is minimal since there is no economic impact, 
therefore the final rule does not warrant a full regulatory evaluation.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction of 1995 (44 U.S.C. 
3507(d)), there are no requirements for information collection 
associated with this proposed rule.

International Compatibility

    The FAA has determined that a review of the Convention on 
International Civil Aviation Standards and Recommended Practices is not 
warranted because there is not a comparable rule under ICAO standards.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 establishes ``as a principle 
of regulatory issuance that agencies shall endeavor, consistent with 
the objective of the rule and of applicable statutes, to fit regulatory 
and informational requirements to the scale of the business 
organizations, and governmental jurisdictions subject to regulation.'' 
To achieve that principal, the Act requires agencies to solicit and 
consider flexible regulatory proposals and to explain the rationale for 
their actions. The Act covers a wide-range of small entities, including 
small businesses, not-for-profit organizations and small governmental 
jurisdictions.

[[Page 1079]]

    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is made that it will the 
agency must prepare a regulatory flexibility analysis (RFA) as 
described in the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) for the 1980 Act provides that 
the head of the agency may so certify and an RFA is not required. The 
certification must include a statement providing the factual basis for 
this determination and the reasoning should be clear.
    The FAA conducted the required review of this proposal and 
determined that it would not have a significant economic impact on a 
substantial number of small entities. Accordingly, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation 
Administration certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

International Trade Impact Statement

    The rule will not constitute a barrier to international trade, 
including the export of U.S. goods and services to foreign countries 
and the import of foreign goods and services into the United States.

Federalism Implications

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 13083, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any one year. 
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal 
agency to develop an effective process to permit timely input by 
elected officers (or their designees) of State, local and tribal 
governments on a proposed ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the Act is any 
provision in a Federal agency regulation that would impose an 
enforceable duty upon state, local, and tribal governments, in the 
aggregate, of $100 million (adjusted annually for inflation) in any one 
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section 
204(a), provides that before establishing any regulatory requirements 
that might significantly or uniquely affect small governments, the 
agency shall have developed a plan that, among other thing, provides 
for notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity to provide input in the development 
of regulatory proposals.
    This rule does not contain a Federal intergovernmental or private 
sector mandate that exceeds $100 million a year.

List of Subjects

14 CFR Part 91

    Aircraft, airmen, aviation safety, reporting and recordkeeping 
requirements.

14 CFR Part 121

    Aircraft, air carrier, airmen, aviation safety, safety.

14 CFR Part 125

    Aircraft, airmen, aviation safety, reporting and recordkeeping 
requirements.

14 CFR Part 135

    Air, airmen, aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends parts 91, 121, 125, and 135 of title 14, Code of 
Federal Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

    1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 Stat. 1180).

    2. Section 91.1 is amended by revising paragraph (a) and adding 
paragraph (c) to read as follows:


Sec. 91.1  Applicability

    (a) Except as provided in paragraphs (b) and (c) of this section 
and Secs. 91.701 and 91.703, this part prescribes rules governing the 
operation of aircraft (other than moored balloons, kites, unmanned 
rockets, and unmanned free balloons, which are governed by part 101 of 
this chapter, and ultralight vehicles operated in accordance with part 
103 of this chapter) within the United States, including the waters 
within 3 nautical miles of the U.S. coast.
* * * * *
    (c) This part applies to each person on board an aircraft being 
operated under this part, unless otherwise specified.
    3. Section 91.11 is amended by revising the section heading to read 
as follows:


Sec. 91.11  prohibition on interference with crewmembers.

    4. The heading for Subpart H is revised to read as follows:

Subpart H--Foreign Aircraft Operations and Operations of U.S. 
Registered Civil Aircraft Outside of the United States; and Rules 
Governing Persons on Board Such Aircraft

    5. Section 91.701 is revised to read as follows:


Sec. 91.701  Applicability.

    (a) This subpart applies to the operations of civil aircraft of 
U.S. registry outside of the United States and the operations of 
foreign civil aircraft within the United States.
    (b) Section 91.702 of this subpart also applies to each person on 
board an aircraft operated as follows:
    (1) A U.S. registered civil aircraft operated outside the United 
States;
    (2) Any aircraft operated outside the United States--
    (i) That has its next scheduled destination or last place of 
departure in the United States if the aircraft next lands in the United 
States; or
    (ii) If the aircraft lands in the United States with the individual 
still on the aircraft regardless of whether it was a scheduled or 
otherwise planned landing site.
    6. A new Sec. 91.702 is added to read as follows:


Sec. 91.702  Persons on board.

    Section 91.11 of this part (Prohibitions on interference with 
crewmembers) applies to each person on board an aircraft.

[[Page 1080]]

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG AND SUPPLEMENTAL 
OPERATIONS

    7. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

    8. A new Sec. 121.306 is added to read as follows:


Sec. 121.306  Portable electronic devices.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate, nor may any operator or pilot in command of an aircraft 
allow the operation of, any portable electronic device on any U.S.-
registered civil aircraft operating under this part.
    (b) Paragraph (a) of this section does not apply to--
    (1) Portable voice recorders;
    (2) Hearing aids;
    (3) Heart pacemakers;
    (4) Electric shavers; or
    (5) Any other portable electronic device that the part 119 
certificate holder has determined will not cause interference with the 
navigation or communication system of the aircraft on which it is to be 
used.
    (c) The determination required by paragraph (b)(5) of this section 
shall be made by that part 119 certificate holder operating the 
particular device to be used.
    9. A new Sec. 121.580 is added to read as follows:


Sec. 121.580  Prohibition on interference with crewmembers.

    No person may assault, threaten, intimidate, or interfere with a 
crewmember in the performance of the crewmember's duties aboard an 
aircraft being operated under this part.
    10. The heading for part 125 is revised to read as follows:

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

    11. The authority citation for part 125 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44716, 44717, 44722.

    12. Section 125.1 is amended by revising paragraph (a) and adding 
paragraph (d) to read as follows:


Sec. 125.1  Applicability.

    (a) Except as provided in paragraphs (b), (c) and (d) of this 
section, this part prescribes rules governing the operations of U.S.-
registered civil airplanes which have a seating configuration of 20 or 
more passengers or a maximum payload capacity of 6,000 pounds or more 
when common carriage is not involved.
* * * * *
    (d) The provisions of this part apply to each person on board an 
aircraft being operated under this part, unless otherwise specified.
    13. A new Sec. 125.204 is added to read as follows:


Sec. 125.204  Portable electronic devices.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate, nor may any operator or pilot in command of an aircraft 
allow the operation of, any portable electronic device on any U.S.-
registered civil aircraft operating under this part.
    (b) Paragraph (a) of this section does not apply to--
    (1) Portable voice recorders;
    (2) Hearing aids;
    (3) Heart pacemakers;
    (4) Electric shavers; or
    (5) Any other portable electronic device that the Part 125 
certificate holder has determined will not cause interference with the 
navigation or communication system of the aircraft on which it is to be 
used.
    (c) The determination required by paragraph (b)(5) of this section 
shall be made by that Part 125 certificate holder operating the 
particular device to be used.
    14. A new Sec. 125.328 is added to read as follows:


Sec. 125.328 Prohibition on crew interference.

    No person may assault, threaten, intimidate, or interfere with a 
crewmember in the performance of the crewmember's duties aboard an 
aircraft being operated under this part.
    15. The heading for part 135 is revised to read as follows:

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

    16. The authority citation continues to read as follows: 49 U.S.C. 
106(g), 44113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 
44722.
    17. A new Sec. 135.120 is added to read as follows:


Sec. 135.120  Prohibition on interference with crewmembers.

    No person may assault, threaten, intimidate, or interfere with a 
crewmember in the performance of the crewmember's duties aboard an 
aircraft being operated under this part.
    18. A new Sec. 135.144 is added to read as follows:


Sec. 135.144  Portable electronic devices.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate, nor may any operator or pilot in command of an aircraft 
allow the operation of, any portable electronic device on any of the 
following U.S.-registered civil aircraft operating under this part.
    (b) Paragraph (a) of this section does not apply to--
    (1) Portable voice recorders;
    (2) Hearing aids;
    (3) Heart pacemakers;
    (4) Electric shavers; or
    (5) Any other portable electronic device that the part 119 
certificate holder has determined will not cause interference with the 
navigation or communication system of the aircraft on which it is to be 
used.
    (c). The determination required by paragraph (b)(5) of this section 
shall be made by that part 119 certificate holder operating the 
aircraft on which the particular device is to be used.

    Issued in Washington, DC on December 29, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 99-58 Filed 1-6-99; 8:45 am]
BILLING CODE 4910-13-M