Tobacco Documents Online

29488 Federal Rc.cer / Vol. 44. No. 99 / Monday, May 2i, 1979 / Proposed Rules SUPPLEMENTARY 1NFORMATION: Commects Invited - is deleted and "Des hfoines, Iowa:" is Connecticut Avenue, NW., Washington, substituted therefor. - D.C. as soon as they are received.. (Secs. 307(a), 313(a), Federal Aviation Act of FOR FURTHER 1NFORMATION CONTACT`, Interested persons may participate in 1958 (49 U.S.C.134a(a) and 1354(a)): sec. s(c), Richard B. Dyson, Associate General the proposed rulemaking by submitting Department of Transportation Act (49 U.S.C. Counsel, Civil Aeronautics Board, 1825 ~ such written data, views or arguments 1855(c)); and 14 CFR 11.ss). Connecticut Avenue, NW., Washington, as they may desire. Communications Note,-The FAA has determined that this D.C. 20428, 202-673-5444. should identify the airspace docket document involves a proposed regulation number and be submitted in triplicate to which is not significant under Executive ~ SUPPIEMENTARY 7NFORNATION By ER- the Director, Central Region. Attention: Order 12044, as implemented by DOT 1091, (44 FR 5071, January 25, 1979) the Chief, Air Traffic Division, Federal Regulatory Policies and Procedures (44 FR Board amended its rules on smoking Aviation AdnAnlstration, 601 E. 12th 11034: February 28, 1979). Since this aboard aircraft to provide airline Street. Kansas Ci ~fo. 64106. All regulatory action involves an established passengers more effective protection ~~` body of technical .equirements for which from tobacco smoke. This amendment communications received on or befom frequent and routine amendments are was made on the basis of notice of June 20, 1979. will be considered before necessary to keep them operationally current proposed rulemaking IDR-308, 41 FR action is taken on the proposed and promote safe fLght operations, the amendment. The proposal contained in anticipated impact is so minimal that this ~29. October 8 1976. The new this notice may be changed in the light action does not warrant preparation of a requirements are for special segregation of comments received. All comments regulatory evaluation and a comment period of cigar and pipe smokers, and such submitted will be available, both before of less than 45 days is approprate, - other procedures as may be necessary to and after the closing date for comments, Issued in Washington. D.C- on May 14. avoid exposing persons in no-smoking in the Rules Docket for examination by 1979. . areas to smoke from cigars and pipes: a interested persons. wllliamEBroadwater, - no-smoking areafor each class of Clrief.Airspace andAirTnrfficRules - service and for charter service Availability of NPRM Division - consisting of at least two rows of seats; Any person may obtain a copy of this I" o067s-" "d ""4s -1 _, enough seats in no-smoking areas for all ap-Lima cooe 4D}o-ts-a - persons who wish to be seated there, ' notice of proposed rulemaking ( VPRMJ by'submitting a request to the Federal with provision for expansion of no- Aviation Administration Office of smoking areas to meet passenger Public Affairs, Attention: Public CIVIL AERONAUTICS BOARQ demand; special prov sions to ensure Information Center, APA-430, 800. _ that if a no-smoking section is placed Independence Avenue, SW.. L14 CFR Part 2521 '- between smoking sections. the non- emoldng passengers are not Washington. D.C. 20591, or by calling IEDRJ77; Daket No. 290", Dated: May unreasonably burdened: and carrier ~ (202) 428-8058. Ccmmunications must 18 19791 measures to prevent smoking in no- identify the docket number of this - - smoking areas. NPRM. Persons interested inbeing Proposed Restrlctions on Smoking The Board has not finally decided placed on a mailing list for future Aboard Aircraft whether the rules as now amended will NPRMs should also request a copy of AGENCY: Civil Aeronautics Board• be sufficient to protect non-smokers Advisory Circular No. 11-2 which Ac71ON: Notice of Pro osed Rulemakin from unreasonable ex Osure to tobacco describes the application procedures. p & p smoke. Various other suggestions have The Fropoeal SuMMARY: This notice proposes to been advanced by petitioners and . The FAA Is considerin an ^ amend the existing rule on smoking . commenters in tbis proceeding. We g aboard aircraft in various ways, would like to receive further cotument amendment to Part 75 of the Federal including special seating for susceptible on some of these possibilities, while at Aviation Regulations (14 CFR Part 75) passengers, buffer zones, and special the same time observing the effect of the that would realign a segment of J-25 to locations for cigar and pipe smoking. recent amendments to see whether more• extend from Tulsa to Des Moines via The Board is issuingthe proposall on its stringent actions are called for. Kansas City which is on a direct route own initiative. --A)thwgh we are presenting all of these between these points. This route would ,-tNmAt. COMMENrx August 20, 1979. porposals in rule form for ease of bypass Butler and an INT south of Reply comments: September 19, 1978. -"anderstanding, they certainly will not all bamont. A segment of J~9 would ~` Comments and other relevant be included in an final nilc some are continue to be designated from Tulsa to y ( _ Kirkaville..Mo.. via Butler. This would ~o~aGon received after these dates mutually exclusive). They should be retain a jet route segment for use will be considered by-the Board only to considered as options, which might be between Tulsa and Butler. Flight the extent practicable. issued by the Board in various planning and pilot/controller Requests to be put on the Service List combinations. coordination would be reduced by the Jane 11,1979, Docket Section prepares Persons UnusuaB Susce tible to use of the ro osed route. _~e Service f.ist and sends it to each Y P p p personlisted. who then serves his Tobacco Smoke The Proposed Amendment Comments on others on the list. Several authorities have been cited by Accordingly. pursuant to the authority ADDREesES: Twenty copies of comments commenters to the effect that severe delegated to me, the Federal Aviation should be sent to Docket 29044. Civil phyaical reactions to tobacco smoke are Administration proposes to amend Aeronautics Board, 1825 Connecticut • experienced by persons with certain 175.100 of Part 75 of the Federal Avenue, NW.. Washington. D.C. 20428• medical conditons. Based on expert Aviations Regulations (14 CFR Part 75) Individuals may submit their views as medical testimony that exposure to as republished (44 FR 722J as follows: "~nsumers without filing multiple tobacco smoke causes extreme distress . UnderJet Route No. 25 "Butler, Mal copies. Comments may be examined in to some individuals, a New Jersey court lNl' of the Butler 009' and the Des Room 711, Civil Aeronautics Board, 1825 has held that an employee who suffered Moines, Iowa. 198' radials: Des Moines;" • -

Federal Re-.,(er f Vol. 44, No. 99 / Monday. May 21C979 / Proposed Rules 29487 allergic reactions to the inhalation of monitoring, already found that this receive under the proposed rule• ambient smoke was entitiled to work in configuration did not provide effective because placing coach and economy a smoke-free environment.' In letters to separation of smokers and non-smokers smokers together would make the smoke the Board dated January 11,1978. and on it DC-9-30 aircraft and discontinued , more dense, reduce the speed with August 3, 1978, the Secretary of the the practice. which it is cleared, and have an adverse Department of Health• Education, and To remedy the problems created by psychological effect by presenting non- Welfare, citing the harm suffered by sandwiching, IDR-308 proposed to - smokers with a concentrated area of individuals with certain allergies and amend g 252.2 to require that there be no smoke. It makes more detailed respiratory diseaes, called for the more than one smoking area per aircraft arguments with respect to the B-727 and special protection of such travelers. compartment. This proposal was. the DC-10. contending that sandwiching While action to accommodate opposed both by carriers and by, reduces the points of contact between unusually susceptible individuals may advocates of stricter smoking -, smokers and non-smokers on these be justified• we do not fmd practicable regulations. aircraft ASH s proposal to ban all smoking on Those opposed to smoking on aircraft The Board would like to have the any flight where a passenger indicates found the allowance of one smoking benefit of additional comments on the that exposure to smoke will cause- - area in each compartment too lenient technical issues raised by Continental's "serious physical injury or other ' Many individuals filing comments took objections. A proposal to limit smoking impairment." Restricting all passengers the position that all smokers should be areas to one per compartment is upon the request of a susceptible seated together and isolated in one area therefore included in this notice, to mdividual could cause last-minute from which there is the Ieast possible obtain more data on the effects of controversies between passengers and flow of smoke ta non-smokers. Many various seating configurations. _. difficult administrative problems for the suggested that thia area should be the airlines. There may be merit. however, rear of the aircraft. In addition. ASH Special Segregation of Pipes and Cigars fn<requiring airiines to take more action urged that there should be no smoking ER-i091(94FR 5071. January 25,1979) with regard to persons with special area at all in forward first class, because was based partly on a finding that non- problems. Some airlines have been its small size prevents effective smokers require special segregation - - dealing with the problem of persons separation• and because smoke drifts from pipe and cigar smoke in order to with unusual susceptibility to smoke by back into the tourist no-smoking area receive "adequate" and'7easonable" placing them in seats that are farthest even when a curtain is drawn. service. It leaves the specifics of this from the smoking areas. We are There has been no convincing special segregation requirement to the proposing to-make the practice general, demonstrstim, hnwever, that grouping discretion of each air carrier.-While we by requiring carr~ers to seat Persons all smokers together would solve the expect full and effective compliance whoadvise them 5f special - problems aseociated with smoking on with this general mandate~ we are also sasceptibility to smoke either in the area aircrafL Although we recognize the interested in receiving comments on of the plane that is farthest frvm any problem, we do not find that a ban on more detailed regulations concerning smafdng area, or in a position shown by all smoking in first class is warranted at pipe and cigar smoking. objective tests to be the freest from - this time. In order to provide more The CigarAssocfation filed a petition smoke. We request that commenters on effective separaticncarriers might for rulemaking on December 9, 1977 this proposal addresa these questions make use of "don't care" asse ers or cket 31tNx5), How should can•iers decide which P °g (~ proposing a bnffer-zone persons are entitlied to speciai empty seats as buffers between smokers arrangement between cigar and pipe accammodation2 - and those non-smokers who object to smokers and non-smokers. In Order 78- Should there be a liatof qualifying any exposureta smoke. While intensity 5-139 the Board consolidated the Cigar medical conditions? -. _ of feeling on the part of lacge numbers of Association's petition with the present- ShouId a medical certificate be . nooremokers is evident in the comments, rulemaking proceeding. The Cigar required, and if so what should be the there may be aa substantial group of non- Association proposed a three-part smokers who would not feet burdened approach to the restriction of cigars and minimum re uirements for th q e certificate? by sitting in the row behind fiat class pipes (1) A buffer zone of three rows . ._ ....a..:~: _e .... ~~-_ ~_ -smokinst section. Pan American between norrsmokers and anr ©aar and _Imort~~_ _ . :. u+wuaicn u.u~ 1. uaa unu suu:raa wun pipn amoxcrm cwic~rcuass caum, ana oi p the use of "don't rarea" and vacant one row in a first class cabin; (2) i. Sandwfch~ seatB, and this aspect of its seating restrictfon of cigar or pipe smokers to ' - Afew carriers that offer more than Procea'ms may tte usaWe by other . the window seats or seats closest to aa one dass of service per compartment camera• air outtake venh and [3) a requirement place the no-smoking area for both- -Some carriers objected to fimiting that any cigar or pipe smoking classes together in a split-section - smoking areas to one per compartment. passenger extinguish his cigar or pipe if seating configuration, so that non- - Objections related primarily to the any other paesenget makes such a ~emokers are, in effec•t 'sandwiched" relative merits of sandwiching, and to request through a flight attendant. between smokers. TLis seating posaible interference with the marketing This scheme is one approach toward arraingment has been the subject of -: of varioas classes of service. ATA . achieving special segregation of pipe complaints to the Board's Bureau of - stated that no limit smoking areas to one srtd cigar smokers. With some changes, CansumerProtection: Allegheny per compartment in situations where the we are including it in the proposal, to Airlines has agreed to cease and desist rear compartment accommodates more stimulate public comment on the subject from employment of this configuration. than one class, a carrier would have to of more specific rules. We are proposing Order78-A-18qApril2&1978. eitherdiscriminatebydenyingsmoking - a seven-row buffer zone between cigar - Allegheny had, as a result of self- to one class or combine smokers without and pipe smokers and non-smokers, and regard to class. Continental argued that a one-row bufferzone around the total 'SAimp..llSn.*srY Bdl ydephniy Cm, sBaA- sandwiching of non-smokers provides smoking section where there is not an - at+os (S~pedor Cr. t3 Div. d.J. iwel them better protection than they would equivalent amount of space or a" - r\ c.

29488 Federal I ter / Vol. 44, No. 99 /'vfonday, May 1.., 19"9 / Proposed Rules ` physical barrier between the smoking some future time, but we want the and non-smoking sections. The Board comments in response to this notice to also proposes and requests comments help us in our search among the detailed on buffer zones of any different sizes. options, and not to be distracted by the For bufferzones to be practicable when immediate prospect of a total ban. - the plane is full, they must be occupied O'Me/ia, Nfember, Concurring: As by persons who neither smoke nor more and more papers stack up telling object to sitting next to the smoking us in great and specific detail what to do area. Finding persons in this categoty about smoking aboard aircraft and as may involve the offering of incentives by more and more in?ividual complaints carriers, such as a free drink or higher- cross my deek• : t,ave come to the class service. We invite comment on all conclusion that we need sonte reliable aspects of buffer zones, including scientific tests on the f'ow of smoke• experience carriers may have had in whether cigar, cigarette or pipe aboard using incentives for these or analogous aiz'maft We need more hard - purposes. I information, and perhaps less Other proposals included here, which grandiloquence and harangue, before we' will be considered as either cumulatives can, with any confidence, put the oralternative possibilities, are the smokers in the back of the plane or in restriction of cigar and pipe smokers to the window seats or throw them out positions nearest the air vents or at the altogether.=I believe the Board should back of the plane, requiring partitions to call upon FAA, DOT. HEW, the National separate smokers and non-smokers, and Academy of Sciences, the Bureau of a rule requiring putting out cigars or Standards or someone to conduct such pipes at the request of a non-smoker• tests. If we must decide these touchy EDR-300, 41 FR 44424, October 8, 197& questions, we should have specific propoeed a ban on cigar and pipe answers at hand on the effects of. emoking, and other smoking prohibitions tobacco smoking aboard aircraft Signed conditioned on the type of aircraft (for Richard J O'Melia. example, banning smoking on planes Accordingly the Civil Aeronautics with 30 or fewer seats) and length of Board proposed to amend Part 252 of the flight (for example, banning smoking on . Economic Regulations (14 CFR Part 252) all flights of less than one hour). No - to read as set forth below. It should be ` action has yet been taken on those noted that, as discussed above: some of proposals. but they remain live options 'the provisions would be considered as for final rule action and are reproposed alternatives and they are set out here t ~Watively only to facilitate comment, lso se h re We d a propo an reques e _ comments on other possible physical PART 252-SMOKING ABOARD bases on which to delineate aircraft on AIRCRAFT - which smoking should be prohibited, _ I such as whether the cabin ia Se~ 252 A li bll pp 5 ce , .-pressurized. _ : .. . .~ _ ity. ' 2521a Special segregation of cigar and pipe Finally, we propose a provision to smokers• applies to each direct air carrier that holds a certificate of public convenience and necessity, authorizing the iransporation of persons, issued _ pursuant lo Section 401 of the act (hereafter called "carriers"). Nothing in this regulation requires carriers to permit the smoking of tobacco aboard aircraft. ¢ 2521a Special segreyatlon of cigar and pipe smokers. Carriers shall adopt and enforce rules providing for special segregation of cigar and pipe smokers, and for such other procedures as may be necessary to avoid exposing persons seated in no- smoking areas to smoke from cigars and pipes. - ¢ 252.1b Special requirements for cigar and pipe smoking- Each carrier shall enforce the following rules regarding cigar and pipe smoking: (1) Cigar and pipe smoking shall be limited to an area at least seven rows from the non-smoking section- (2) A smoking section shall be separated from any non-smoking section by a physical barrier or at least one row or the equivalent distance, that is either vacant or occupied by persons who neither smoke nor object to being seated next to the smoking section. - (3) Cigars and pipes may be smoked only by persons seated closest to the air vent in each row. (4) The section where cigars and pipes may be smoked must be at the rear of the compartment (5J Cigar and pipe smoking shall be prohibited in a compartment if any advise that the Board will consider -' Zq216 Special requirements for cigar and person seated in the compartment requests for waivers from one or more of pipe smokiug. ... requests suck a ban through a flight - these rtiles, so that carriers may - - 252.z No-smoking areas. - • attendant experiment with various methods of t-ZSZZa Ban on smoking when ventilation separating smokers and non-smokers or systems not fully functioning. -. - 9 252.2 Ndsmokk+9 areas- , . _ with innovative ventilating devices or .other technological solutions. For - ~ example, Continental's sandwiching technique-might be permitted bn a ' portion of its operations to allow a -. comparison between multiple and single smoldng areas• Another example might be "smoker flights" on second sections of shuttle services on which non- smokers could travel if they wish_ - We are not proposing a ban on all tobacco smoking aboard aircraft at this tlme. although it 6as been urged in - thousands of comments in this proceeding. At this stage our focus is on arriving at a set of restrictions, short of a total ban, that will best accommodate the conflicting desires of the smoking and non-smo" public. We are not ruling out the poasibility of such a ban at I k. Z'22b Special seating for unusually , Carriers shall ensure that non- susceptible persons smoking passengers are not Ban on cigar end plpe amokiag. - 2s2•2d Ban on smoking on short flights. unreasonably burdened by breathing zs22e Ban on smoking on small aircraft smoke and to that end shall provide at a 2523 Enforcement, minirnurn: 2523a Waivers_ _(a) A no-smoking area for each class 252•4 Manual contatwng carner emoking, . of service and for charter service: ~~~ may modify ~~ ~ea -• • (b) A no-smoking section of at least two rows of aeats; Authority: Secs. aaa(a), 4at(e), and 4o'r. (c) A sufficient number of seats in the Federal Aviation Act of 1866, as amended 77 Stet• 743, 7e0. 7ft (49 U.&G 132A, 1374, and no-smoking areas of the aircraft for all 1g77)• persons who wish to be seated there; '~ (d) Specific provision for expansion of 42521 ' Appilcabiitt - y. -. no-smoking areas to meet passenger This part establishes itiles for the demand; • - ~ smoking of tobacco aboard aircraft. It (e) Special provisions to ensure that if ~ a no-smoking section is placed between ' ~ For en.mple, we tey we will consider putting smoking sections, tlie non-smoking pasaengen who ere particularly Iwceptlble to " emoke m the aree of theplane freeat from emoke. passengers are not unreasonably Tm not yet rure iurt when that Ie& t)urdened- . . .-". r W lY

Federal Regl` :r J Vol. 44, No. 99 / Vlonday. V1av 221. -d79 / Proposed Rules (f) That each smoking area shall be separated from any other smoking area by a curtain or partition. § 252.2a Ban on smoking when ventilation systems not tuily functioning. Carriers shall adopt and enforce rules prohibiting the smoking of tobacco whenever the ventilation system is not fully functioning. A ventilation system shall be considered fully functioning only when all parts are in working order and operating at the capacity designed for normal service. 29489 amendments shall be filed within 15 .,SUPPLEMENTARY INFORMATION: days following adoption by the carrier. Background 1252.5 Board may modify carrier rules. Foreign-trade zones ("zones"] are If the Board finds that any carrier rule established under the Foreign-Trade is at variance with any provision of this Zones Act (19 U.S.C. Bla-81u) and the part, the Board may by order modify the general regulations and rules of rule to the extent necessary to make it procedure of the Foreign-Trade Zones conform to this part. Board contained in 15 CFR Part 400. Part (Secs. 2ai(a), 404(a), and 407. Federal 146 of the Customs Regulations (19 CFR Aviation Act of 195e, as amended. 72 Stat. Part 146) governs the admission of 743, 760, 768: (49 U.S.C. 1324, 1374, and 1377)). merchandise into a zone; manipulation, I By the Civil Aeronautics Board. manufacture, or exhibition of Pbyll;sT. Kaylor, merchandise in a zone. exportation of SecretQry - merchandise from a zone; and transfer . ¢ 252.2b Special seating for unusually -~ nx rsisnw nlea s-to-4 ars a~i . - susceptible persons of merchandise from a zone into the aLUaaa cooE ano-oi-m customs territory of the United States Carriers shall provide special ("custonis territo accommodations for persons who are ry) unusually suseptible to physical ill Foreign or domestic merchandise may effects from inhalation of tobacco DEPARTMENT OF THE TREASURY be admitted into a zone for, among other smoke, and who so inform the carrier in things, manipulation, manufacture, advance of the flight. These Customs Service assembly, or other processing, or for accommodations shall consist of seating (1g CFA Part 146T storage or exhibition, provided these in a location either as far as possible . operations are not otherwise prohibited from smoking areas or one shown by Foreign-Trade Zones; Proposed Rule by law. Normal customs entry objective tests to provide the maximum Relating to Processing Costs Incurred pocedures and payment of duty are not freedom from smoke.. . (n Foreign-Trade Zones required for merchandise located in a zone unless and until the merchandise is ¢ 252.2c Ban on cigar and pipe smoking. AcENCr, U.S. Customs Service, ' " 'removed from a zone and entered into Carriers shall adopt and enforce rules Department of the Treasury. the customs territory. prohibiting the smoking of cigars and . sCTlOt,r Proposed rule. Upon approval of the required - pipes aboard aircraft; '-- . . application fiSed with the district 2522d Ban on smoking on short }tlghU suMMARY: Customs includes the cost of director of Customs (19 CFR Part 146, § processing "nonprivileged" merchandise Subpart C), foreign or domestic Carriers shall adopt and enforce rules in a foreign-trade zone, and profit merchandise may attain "privileged" prohibiting the smoking tn tobacco on realized, inlhe dutiable value of that - slatus. Privileged foreign merchandise is all flights 1 hour or less. merchandise when it enters the customs subject to appraisement and tariff § 252 2a Ben on smoking on smaY airwafL territory of the United States. The _ classification according to its condition d . d quantity, and to the rates of duty Carriers shall adopt and enforce rules present policy results in Customs an mhibiti the smo of tobacco on assessing duty on the costs of American and tax in force• on the date the paireraft v~nh 30 seatso less. labor, overhead and facilities, and application is filed with the district profit. This document requests the director, regardless of when the § 252.3 Enfweement -. public to comment on a proposal to merchandise actually leaves the zone Each carrier shall take such action as change Customs appraisement practice and enters the customs territory. is necessary ta ensute that smoking is so as to exclude the cost of processing Privileged domestic merchandise may not permitted in no-smoking areas and and profit realized in a foreign-trade be returned to the customs territory free ., to enforce its rules with respect to the zone when determining the dutiable of quotg, duty or tax. A component of segregation of passengers in smoking- value of articles produced entirely from foreign privileged merchandise would be and no-smoking areas. . nonprivileged merchandise (whether appraised and dutiable in its character foreign or domestic), or from a and condition on the date the ¢ 252.ea Watvers combination of nonprivileged and application is filed for privileged status. Carriers may file applications for privileged merchandise (whether foreign A component of domestic priviledged . waivers with the Civil Aeronautics ' or domestic). -- merchandise would not be included in Board Bureau of Consumer Protection, DATe Comments must be received on or the dutiable value of the article. to be relieved from one or more of the before July 20,1979. - Merchandise admitted to a zone - requirements of this part in order to which is not accorded "privileged" experiment with methods of protecting ~oRESS Written comments should be status or "zone-restricted" status (as set non-smokers [rom tobacco smoke tathe addressed to the Commissioner of forth In section 146.25, Customs maximum possible degree. Customs, Attention: Regulations and Regulations (19 CFR 148.25)) is - fxgal Publications Division, U.S. "nonprivileged." Section 146.48(e), ¢ 252.4 Manual containing carrier smoking Customs Service, Room 2335, 1301 Customs regulations (19 CFR 146.48(e)), rukts. - . Constitution Avenue, N.W., Washington, sets forth the appraisement and tariff Each carrier shall maintain an D.C. 20229. • classification treatment of articles employee manual containing its rules on FOR FURTHER INFORMATION CONTACT', composed solely of nonprivileged smoking by passengers aboard aircraft. Thomas Lobred. Classification and Value merchandise (whether foreign or Two copies of the manual shall be filed Division. U.S. Customs Service, 1301 domestic) and articles composed both of ;-with the Bureau of Pricing and Domestic Constitution Avenue, N.W., Washington. privileged and nonprivileged - Aviation. and revisions and ~ D.C. 20229 (202-566-2938). _ . merchandise (whether foreign or ' ~~~