Air carriers shall prohibit smoking on the following flights:

1. (a) Scheduled passenger flights.

2. (b) Nonscheduled passenger flights, except for the following flights where a flight attendant is not a required crewmember on the aircraft as determined by the Administrator of the Federal Aviation Administration:

   1. (1) Single entity charters.
   2. (2) On-demand services of air taxi operators.
3. (c) Nothing in this section shall be deemed to require air carriers to permit smoking aboard aircraft.

[Docket DOT-OST-2011-0044, 81 FR 11427, Mar. 4, 2016]