Question for any commericial airline rules experts out there

Here ya go:
(bottom line is, it's up to the operator)

§ 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.
[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999]

"Ted Wagner" wrote in message
news:kBYUb.51455$F15.22199@fed1read06...
I took the last half hour to read all the FARs, FAAs, PDQs and XYZs, and I
can't find where they say that I can't wear my headphones when the airplane
is coming in for landing. (And no, I'm not flying the airplane!)

I don't use my headphones for listening to anything but silence; they're the
Bose noise-reduction model that uses a single battery.

I fly twice a week. The Southwest Airlines flight attendants have been very
inconsistent. Some ignore the headphones, some make sure I'm not listening
to anything but allow me to keep them turned on, others allow me to wear
them as long as I turn the power switch to "off", others make me take them
off entirely, and some of them enjoy making it an audition for the
Niedermeyer All-Stars.

Is there a case I can make for keeping them on?

-ted c "to z or not to z" wagner