Tobacco Documents Online

~ , ~....~ ~ . C Air.Transport Association ata OF AMERICA 1709 New York Avenue, N.W. Washington, D. C. 20006 Phone (202) 872-4000 May 23, 1980 TRAFFIC SERVICES MEMORANDUM NO. 28 SUBJECT: CAB RULEMAKING PROPOSAL REGARDING "PROVISION OF DESIGNATED 'NO-SMOKING' AREAS ABOARD AIR- CRAFT", EDR-399, DATED APRIL 16, 1980 TO: ATC Member Representatives Airline Chief Legal Officers O The Civil Aeronautics Board recently proposed to amend its rules concerning no-smoking areas aboard aircraft, 14CFR 9252.2, and a copy of this proposal is attached for your information. The proposed amendment will limit the air carriers' obligation to expand the no-smoking area to those passengers present at the boarding gate at least 5 minutes before scheduled departure time. The CAB pro- poses to make this rule applicable only on confirmed reser- vation flights for which seat assignments are made prior to boarding. During the course of a meeting held at ATA on May 21 to discuss an industry response to another CAB rulemaking -- EDR-396 on "Prescribed Airline Counter and Ticket Notices" -- the instant rulemaking was touched upon briefly. It appeared that an industry-wide response to EDR-399 would be practi- cable, however, and, as a result, it is proposed that ATA file comments with the CAB along the following lines: 1. Support the concept of conditioning expansion of the no-smoking section aboard aircraft. At the same time, continue ATA's long-standing position challenging the Board's authority to regulate in this area. 2. Oppose limiting of this condition to passengers present at the boarding gate at least 5 minutes (or, in the alternative, 10 minutes) before scheduled departure. Instead, argue that the right to a no-smoking seat, like the right to a confirmed seat and to denied boarding

-z- C C I compensation, is conditioned upon the passenger's compliance with the individual carrier's check-in requirements. This position will also conform with that endorsed by the carriers with respect to the notice requirements on smoking in EDR-396. 3. Oppose limiting this condition to confirmed reservation flights where seat assignments are made prior to boarding. Support applica- tion to all fliqhts. ATA will not, however, specifically address the application to "shuttle" flights; rather, this will be left to the individual carriers, particularly Eastern, to address. 4. Support application even to passengers whose lateness is due to delayed connecting flights. This overall applicability is parallel to that currently covering the areas of confirmed re- servations and denied boarding compensation. Forcing the carriers to make a distinction of this sort among passengers is overly burdensome. 5. Emphasize that carriers will use their best efforts to accommodate the preferences of all passengers regardless of the time that the passenger checks in with the carrier. The CAB has also requested information from the carriers. In this connection, it would be of great assistance if the carriers could provide answers to the following questions for purposes of including in the joint comments: Have late arrivals posed a problem to the carriers in terms of complying with the Board's smoking regulations? What kind? Any financial costs? Any delays to flights? Is stress placed on the flight attendants? On what kind of flights do late arrivals pose a greater problem -- seat-assigned or open seating flights? Have late arriving non-smokers been denied boarding? Is this a risk? Your answers to these questions and concurrence in the above-described outline of comments is requested by June 11, 1980. Attachment Robert C. Snyder Director, Passenger Services