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E3:. ' -- STEnN A1RLINES INCOR?C ! 7 :D%1Q ROCKEF'tLLER PLAZA,;vE".Y Y0; :`.c., November 13, 1979 Mr. Horace R. Kornegay 1875 I Street, Northwest Washington, D. C. 20006 Dear Mr. Kornegay: This is in response to your recent letter to Mr. Frank Borman. Let me first assure you that Eastern has no policy, formal or informal, designed to discriminate against passengers who smoke. Indeed we make every reasonable effort to accommodate the seating preferences of all of our passengers. However, our ability to act is circumscribed by the regulations on smoking on board air- craft which have been adopted by the Civil Aeronautics Board. As you know Part 252 of the Board's regulations places upon all certificated air carriers an affirmative obligation to provide a no-smoking area sufficient in size to accorrmodate all persons who wish to sit there. Eastern, in carrying out its obligations under Part 252, pre-designates smoking and no-smoking sections on each of its aircraft. Our determination in this re- gard is based on our experience with past passenger demand. Since, under Part 252, we have a specific legal burden to ensure that we satisfy the desires of non-smoking passengers we cannot, as a practical matter, decrease the size of the no-smoking section until we know that we will have a sufficient number of seats to accommodate all non-smoking passengers. Under Part 252 where the no-smoking section is not large enough it must be expanded even if it means the elimination of the smoking section. On the other hand when, shortly before departure time for a flight, we know that we will be able to accommodate all no-smoking passengers we can, within limits, increase the size of the smoking section as our agent did for you. We believe that our present policies do provide the maximum possible flexibility within the parameters set out in Part 252. The "adequate service" question with respect to smokers' rights and longitudinal seating arrangements have already been addressed by the Board. In the former instance the Board has found that "'Adequate service' to smokers does not include a right to impose smoke on the many people who are adversely affected by it."

c Mr. Horace R. Kornegay -2- November 13, 1979 As to longitudinal seating arrangements, in spite of arguments made by the air transportation industry and the Tobacco Institute, the Board has found that such an arrangement would not comply with Part 252. We are sorry that you were displeased with our service on October 11th. We can assure you that it remains our goal to provide the best possible service to all of our passengers and we hope that in the future you will consider flying again with Ve:ry truly yours, us. Richard P. Magurno General Attorney cc: Mr. Frank Borman ~

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