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26976 Federal Register / r' t. 45, No. 79 / Tuesday, April 22, 1980( °roposed Rules 5. Section 121.3-5 (regarding protests) determination shall be made under this is amended by adding the following new Part 121. paragraph (e) at the end thereof: § 121 3-2 [Amended] § 121;3-5 Protest of small busineu etatus. 9. (a) Section 121.3-2(a) (relating to affiliation and divestiture agreements) is (e) Multiple Aword Schedulesh amended by deleting the third and Protests will be deemed timely if fourth sentences thereof. received by SBA at any time prior to the (b) A new § 121.3-17 is added to Part expiration of the contract period 121 of the SBA Regulations to read as (including renewals) on a multiple follows: .- ., award schedule procurement set aside for small business. - § 121•s-17 Formal size determinations on - s l ta t 8 (a) a s s nce. or 8. Section 121.3-8 (definition of small concerns business for Government procurement) (a) As set forth in paragraph (b) of this is amended by adding the following new section, SBA may make formal size sentence as the second sentence thereof: determinations under this Part 121 to assist in eligibility fmdings of concerns .. § 121.3-•8 Definition of smatl businesa for;, under Part 124 (B(a) assistance). Government procurement gligbility for 8(a) assistance ts ' The size status of a concern ~.. determined by the SBA Associate - (including its affiliates) is determined as Administrator for Minority Small of the date of written self-certification Business and Capital Ownership as a small,business as part of a _. Development. Such eligibility is '' concern's submission of a bid or offer .- determined with reference to the 8(a) and, where award has been made prior, ' program in general and not with • to the SBA field office size,._. _. ,. c. reference to award of particular 8(a) - determination, as of both eucb date andf procurements. The size standards of the date of award of the contract :,- ', ' Part 121 are utilized as related to the industry classification of the 8(a) -7.' Section 121.3-9 (definition of small - concern.:' ." business for sale or lease of Government (b) The Associate Administrator for property) is amended by adding the••>.,•--, Minority Small Business and Capital following new sentence as the second' _ Ownership Development (AAMSB- - sentence thereof COD) or a Regional Administrator mey ' _ refer a case of e(a) size eligibility to the ~'-¢ 121:3-9 -Deflnltion of small Dusinesa for" - regional office where the concern is - saFe or lease of Government property. "-lowted for a size determination under " ''.• 1he size status of a concern ~.~ Part 121 (whlch is appealable by either (including its affiliates) is determined as " party to the Size Appeals Board). Such _ of the date of written self-certification size determinations under Part 121 are as a small business as part of-a ,_. z advisory to the AAMSB-COD; and/or to eoncem's submission of a bid or offer _. ;_the Administrative Law Judge in 8(a) and where award has been made prior,:_ - terminetion proceedings under Part 124. to the SBA field office size ~~ ~ determination, as of both such date and aWmo CODE the date of award of the contract •_ '~- - - • 8. Section 121.3-12 (definition of small CIYtL AERONAUTICS BOARD ' business Government subcontractors) is `, amended by adding a new subsection fEDR-399; Economic Regulations Docket - (c) as follows: . ~ . ' 38048, Dated: Aprll 16, 1980] • - . ¢ 121.3-12 Dennitlon of small busines. 14 CFR_ Part 252 . . . . . c a °...: "~ : : -. Government subcontracton. - - • - -- ^ -- -_ „ _. , _ Provision of Designated "No- f Smokin9Areas Aboard Atr Carriers •(c) The'contracting officer or other • . affected party in connection with small ., . AGENCY: CivilAeronautics Board, r_... business subcontracting requirements, . AoT1ON: Notice of proposed rulemaking. ' ' - pursuant to section 8(d) of the Small -. - - Business Act may protest a written . ; SUMMARY: Under current CAB rules, all representation of small business status, ': airline passengers are entitled to a seat .. or the refusal to accept such written -,-• in the aircraft's no-smoking section even representation, of a concern offering as_ . if that section must be expanded to :-. a subcontractor on a particular ;- accommodate them. The CAB proposes procurement. The protest and related to permit airlines to limit this right to Information shall be referred to the SBA those with confirmed reservations who , Regional Office in which theconcern„ -.. are present for boarding at least 5 has its principal office and a size minutes before the scheduled departure of their flight. This action is taken at the CAB's own initiative. DATES: Comments by: June 23, 1980. Comments and other relevant information received after this date will ,be considered by the Board only to the extent practicable. Requests to be put on the Service List by: May 2, 1980. . The Docket Section prepares the Service List and sends it to each person listed, who then serves his comments on others on the list. ADDRESSES: Twenty copies of comments should be sent to Docket 38048, Civil Aeronautics Board, 1825 Connecticut Avenue, NW., Washington, D.C. 20428. Individuals may submit their views as consumers without filing multiple `: -- copies. Copies may be examined in -_ Room 711, Civil Aeronautics Board, 1825 Connecticut Avenue, Iv'W., Washington. D.C. 20428.. -.~-- . .. : _._.. __ . FOR FURTHER INFORMATION GONTACT. David Schafier, Office of the General Counsel, Civil Aeronautics Board, 1825 Connecticut Avenue, h-W., Washington, D.C. 20428, 202-873-544z. . SUPPLEMENTARY INFORMATION: The - Board has become aware of a possible problem with the rule on smoking aboard air carriers, in 14 CFR Part 252. . At present under Part 252, a passenger has the right to a seat-in the no-smoking section of an aircraft even if this section has to be expanded to accommodate - that passenger. Unlike other passenger rights, such as the right to denied _ boarding compensation when bumped from an oversold fight, the right to a seat in the no-smoking section does not : depend on the passengei s arrival at the boarding gate before any deadline set by the airline. The question raised in ' this notice is whether passengers who _ want to be ensured of a no-smoking seat should have to meet a reasonable deadline for arriving at the boarding :` gate, such as 5 minutes before scheduled departure. - - ~ We are proposing to allow airlines to require a passenger with a confirmed - reservation on a scheduled flight to be present at the boarding gate 5 minutes before scheduled departure in order to .r be guaranteed the right to a no-smoking seat under Part 252. Underthis proposal, "stand-by" passengers who do not have confirmed reservations would also not - be guaranteed the right to seats in the -- no-smoking section. Carriers would not, . of course, be prohibited from ensuring no-smoking seats for "stand-by" passengers or those who arrive at the gate after the check-in deadline. They would, however, no longer be obliged to expand the no-smoking section to' accommodate stand-bys and late

Federal Register /~ 45, No. 79 / Tuesday, April 22, 1980 ( •oposed Rules 26977 arrivals- We are concerned, however, This proposal would permit airlines to (Secs. 204 and 404 of the Federal Aviation about passengers whose lateness or lack set a deadline by which passengers Act of 1958, as amended. 72 StaL 743, 760, 49 of a confirmed reservation is due to must be "present at the boarding gate." U.S.C. 1324, 1374.) delayed connecting flights. Those The carrier could not require the By the Civil Aeronautics Board. persons should if possible have the - passenger to have actually checked in at phytlis T. Kaylor, same rights concerning no-smoking -- the boarding gate by the deadline. An Secrerary. seats as regular passengers, and we actual check-in requirement would make [FRD-9~r2=Pid~Z~e45 ~I . request comment on the feasibility and the right to a no-smoking seat dependent siwNa oooE aaxo-ai-V i best method of ensuring that they do, on the number of other passengers in the A along with information on how often line and the speed of the carriei s" they would be denied no-smoking seats - boarding gate procedures. - - DEPARTMENT OF HEALTH, without special protection. _. Scheduled flights for which advance EDUCATION, AND WELFARE Although not obligated to expand the reservations are not available, such as - no-smoking section for stand-bys and _ "shuttle" services, and those where- Food and Drug Administratlon late arrivals, airlines would still be seats are not assigned in advance of p~ CFR Part 73 expected to make reasonable efforts to - boarding, would be unaffected by the - accommodate the desires of these proposed amendment, and would [Docket No. 78N-o39o) - passengers. What constitutes a _ continue to offer seats in a no-smoking- . - reasonable effort would depend on the section to all passengerswho want . Diluents for Cosmetic Color Additive duration of the flight the number of them. These services are designed now Mixtures; Intent To Propose Rules: ' empty seats on the flight, the reason the to accommodate and arrange passengers Request for Information passenger failed to meet the deadline, on a walk-on basis, making a check-in AGENCY: Food and Drug Administration. any any particular susceptibility of that deadline for the purpose of the smoking ACTION: Notice of Intent to Propose passenger to smoke. The airline would rule unnecessary. -. at a minimum be required to determine Accordingly, the Board proposes to . Rules. the passenger's preference and provide - amend § 252.2 of 14 CFR Part 252, SUMMARY: The Food and Drug a seat in the appropriate section if one is proyision of Designated '7Jo-Smoking" Administration (FDA) announces its available. In addition, flight attendants Areas Aboard Air Carriers, to read: - intention to propose regulations listing could seek passengers willing to switch diluents for safe use in cosmetic color seats and perhaps provide incentives for § 2522 No-smoktnp areaa additive ntixtures and to exempt those them to do so. -.-•- . (a) Carriers shall ensure that non- mixtures from the certification We are especially interested in smoking passengers are not --- ' requirement The agency requests hearing whether late arrivals have unreasonably burdened by breathing commenta on this contemplated . presented a significant problem for smoke and to that end shall provide at a proposal and information on diluents in airlines in complying with Part 252, - minimum: cosmetic color additive mixtures. whether carriers have incurred -- (1) A no-smoking area for each class - DATES: Comments on this notice or data - significant financial costs or other - of service and for charter service; for the blems (e.g., stress on flight - listing of diluents must be pro bl m s e attendants) in accommodating late- - (2) A no-smoking section of at least , submitted by October 20, 1980. two rows of seats; ' - ADDRESSES: Written comments to the arrivals, whether having to find late (3) Except as provided in paragraph Hearing Clerk (f {F'A-305), Food and arrivals seats in the no-smoking section has caused delays, and whether the (b) of this section, a sufficient number of Drug Administration, Rm. 4-82, 5600 limitation on passengers' rights seats in the no-smoking areas of the Fishers Lane, Rockville, MD 20857; proposed here is necessary to solve .. ,_ aircraft for all persons who wish to be requests and appropriate supporting - these problems. Comments are also seated there; data for the listing of diluents for requested on whether 5 minutes before (4) Except as required by paragraph cosmetic color additive mixtures should scheduled departure is the appropriate (b) of this section, specific provision for be sent to Petitions Control Branch deadline, and we propose in the expansion of no-smoking areas to meet (HFP-334), Division of Food and Color alternative a 10-minute or longer . passenger demand: apd Additives, Bureau of Foods. Food and deadline. (5) Special provisions to ensure that if Drug Administration, 200 C St SW., We are concerned that without the a no-smoking section is placed between Washington, DC 20204. amendment proposed here, airlines may smoking sections, the non-smoking FOR FURTHER INFORMATION CONTACT; have an incentive to deny people seats passengers are not unreasonably Gerad L McCowin, Bureau of Fooda altogether rather than expanding the no- burdened- --- -- (HF'F-334), Food and Drug smoking section to accommodate them. (b) On flights for which passengers ' Adnministration, Department of Health, Airlines may now cancel a person's may make confirmed reservations and Education, and Welfare, 200 C St. SW., reservation if the check-in deadline is where seats are assigned prior to Washington, D.C. 20204, ?A2-472-5690. not met and this may possibly be a way boarding. carriers are not obliged to SUPPLEMENTARY INFORMATION: FDA for an airline to avoid its obligations - expand the no-smoking area to published procedural and interpretive under Part 252. Many non-smoking accommodate passengers who are not regulations for the implementation of the passengers would probably prefer riding present at the boarding gate at least 5 Color Additive Amendments of 1980 tn the smoking section to missing the minutes before the scheduled departure (Pub. L 88--61B, 74 StaL 397-407) in the flight altogether. We therefore ' - time, or who do not have confirmed Federal Register of June 22,1963 (28 FR specifically request comments on the - reservations. If a seat is available in the 6439). These regulations are now extent to which, under present rules, - established no-smoking area, however, a codified in Parts 70 through 81 (21 CFR late-arriving passengers risk being carrier shall seat there any enplaning Parts 70 through 81, formerly Part e(21 denied a seat on the flight if they request passenger who so requests, regardless of CFR Part 8) before recodification seating in the no-smoking section• boarding time or reservation status. published in the Federal Register of 4W=..0 ~ 'W Q 06 IN CZ a i0A 1~

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