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I ~ '- ~ '1l C.~ \ MM27 1156 15TH ST. N.W., WASHINGTON, D.C. 20005 TELEX 892447 202-293-3400 • 1980 VOL. 248 NO. 19 Page 145 DELTA QUESTIONS CAB AUTHORITY TO REGULATE SMOKING Delta Air Lines has refueled the longstanding debate over whether CAB legally may regulate airline smoking-no smoking practices. Delta called the Board's smoking regulations "totally inconsistent" with the deregulation act. Delta's comments were included in a request that the Board dismiss five pending smoking complaints against the airline. The carrier's remarks follow by about two months a request filed by two individuals, Stanley and Elka Diefenthal, that the Board declare it has no jurisdiction over smoking practices. (Docket 37563) Delta declared that, despite agency claims, it never has had jurisdiction over smoking practices and in fact is prohibited from regulating them. "Congress never intended to vest and did not vest in the Board the authority to enact or enforce non-economic regulations such as Part 252 (smoking rules)," Delta said. Moreover, the deregulation act mandated competition, not regulation, in all areas of air transportation, in- Cluding passenger comfort, according to the airline. Just as carriers began voluntarily in the early 1970s to make their own smoking segregation arrangements, they will continue to do so absent regulatory rules, Delta said. "The intensely competitive environment of 1980 removes even the slightest possible doubt that the marketplace will be able satisfactorily to resolve smoking-no smoking accommodations if per- mitted to do so." (Docket 37657) . . . 1 0 • J.m. E. 9:.w, Editnr • Rhond. S. Gcudman, Manp,nq Ed- . J. Smtt Bnpp. Publitn.r / Knuwth Kuyp.I. VYC. Prnd.ntP.bliN.nq Or•ctoe PYdithed daily eaOt S-rdavf. Sundayf aW Ho1,JaYS by tM Buunett Publicationt D-tion ol The Zill-D.vi1 Pubinhinq ComD.nV, IrK. • R.eN..d P. Fr'w.. Prevdenl • Dwid W. Ewold. VKC Prevd..~nt. SUBSCRIPTION RATE: Ona vew $550. 6 trontM f345. Ou.nt~tv ntn on t.q~,wt. COPYRIDHT @ 1960 ZiFFDAVIS PUBLISHING CO ALL RIGHTS REStRVED. NONE OF THE CONTENT OF THIS PUBLICATION MAr BE REPRODUCED, fTORED IN A RETRIEVAL SYSTEM, OR TRANSMITTED IN ANY FORM OR BY ANY MEANS IELECTRDNIC, MECHANICAL, PHOTOCOPYIlIG, RECORDING OR OTHERWISEI WITHOUT THE PRIOR WRITTEN PERMISSION OF THE PUBLISHER.

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