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From: anne@tobaccodocuments.org
Date: Thu, 11/01/07

Posting Date:  November 1, 2007

Telephon_
Document Date: 05 Nov 1981
Length: 33 pages
Bates No. TI05390221/0253
URL of this posting (with images): http://tobaccodocuments.org/ 
landman/TI05390221.html
URL of document images: http://tobaccodocuments.org/nysa_ti_s4/ 
TI05390221.html
Early advocacy efforts to make commercial airliners smoke-free  
between 1969 and 1984 generally resulted in only modest measures  
enacted, such as creation of smoking and non-smoking sections of  
aircraft, and a ban on cigar and pipe smoking.  In May of 1973, the  
Civil Aeronautics Board (CAB) required domestic airlines to provide  
"no smoking" areas aboard aircraft for consumer comfort and  
protection. The rule became effective July 1, 1973. In January of  
1979, CAB modified its 1973 rule, making it more comprehensive: the  
new rules required airlines to segregate cigar and pipe smokers, ban  
smoking when the airplane's ventilation system is not fully  
functional, ensure that non-smokers are not unreasonably burdened  
when a no-smoking section is sandwiched between two smoking sections,  
provide a sufficient number of seats in the non-smoking areas be made  
available to accommodate all persons who wish to be seated in such  
rows, and expand the non-smoking areas to meet passenger demand. In  
1981 CAB re-evaluated its smoking regulations and backtracked,  
eliminating the absolute right of passengers to a no-smoking seat if  
they arrived late for check-in. The Board also decided that aircraft  
with fewer than 30 seats should be exempt from smoking rules  
entirely, and that carriers should decide for themselves what level  
of smoking should be allowed when the ventilation is not fully  
functional.

The health advocacy group Action on Smoking and Health reacted to the  
backtracking by filing a motion to stay this loosening of the rules  
governing smoking on airplanes. This document contains briefs filed  
by the airline companies opposing the stay. Of interest is the  
statement by Kevin Kelly of Transamerica Airlines' Passenger Services  
Department, where he complains about that the stay would cause morale  
problems among employees, and that the new rules would make it take  
longer to seat passengers.

Also of interest are the discussions of segregating pipe and cigar  
smokers in particular, "requiring smoking areas consist of at least  
two rows" of the aircraft, rules that failed to limit the number of  
smoking areas in each compartment, and measures to provide specific  
segregation of cigar and pipe smokers.

This document indicates the difficulty airlines had in dealing with  
smoking and nonsmoking sections aboard aircraft, and how far we have  
come in removing smoking from commercial airplanes.

------------------------

Fields

Company: Tobacco Institute
Author: Kingham, Richard F. (Attorney, Covington & Burling Partner)
Recipient: Tobacco Institute Committee of Counsel

Region:
United States

Named Organization
ASH (Action on Smoking and Health)
Civil Aeronautics Board (Ruled on smoking in U.S. airplanes)
Committee of Counsel
*Department of Health, Education, and Welfare (HEW) (use United  
States Department
Eastern Airlines
Federal Aviation Administration (Ruled on smoking on U.S. flights)
Federal Aviation Administration (FAA)
Federal Communications Commission (U.S. government agency regulating  
TV, radio)
   Enforced the Fairness Doctrine against the tobacco companies;  
required time be provided on TV, radio for anti-smoking commercials.
Federal Trade Commission (Enforcement agency for laws against  
deceptive advertising)
   Enforces laws against false and deceptive advertising, including  
ads for tobacco products. Ensures proper display of health warnings  
in ads and on tobacco products;collects and reports to Congress  
information concerning cigarette and smokeless tobacco advertising,  
sales expenditures, and the tar, nicotine, and carbon monoxide  
content of cigarettes.
General Counsel
Sierra Club
U.S. Department of Justice
Named Person
Banzhaf, John F., III (Exec. Dir. Action of Smoking & Health (ASH))
   Executive Director of Action on Smoking and Health (ASH).Professor  
of Law at Georgetown. Banzhaf succeeded in using the Fairness  
Doctrine to get cigarette commercials off television in 1968. See  
Banzhaf FCC, 405 F, 2d 1082 (D.C. Cir. 1968) (affirming FCC ruling  
that radio and television stations must devote a significant amount  
of broadcast time to case against smoking). His telephone number is  
(202) 659-4310. The big focus in past years has been to force OSHA to  
enforce smoking bans, per Matt Bars. ASH publishes Smoking and Health  
Review bulletins. "A leading anti-smoking activist" (Chic. Sun-Times  
6/23/93). Action on Smoking and Health is located at 2013 H Street,  
N.W., Washington, D.C. 20006. (Castano Expert List) See Action on  
Smoking a Health, TTLA Almanac - Names.

Mentioned names:
Demby, Alan R.
Frisbie, Mark
Halpern, Margaret
Kelly, Kevin
Kingham, Richard F. (Attorney, Covington & Burling Partner)
Defense
Knopick, Paul (Editor, Tobacco Institute Newsletter, late '70s-early  
80's)
Editor of the Tobacco Institute Newsletter, the "Tobacco Observer"
Kornegay, Horace R. (TI President and Exec. Director)
VP Leaf Ops (RJR), TI Chairman (1985)
Manley, Jeffery A.
Mueller, Athena
Plaintiff
Panzer, Frederick (VP of Issues Management at TI, c. 1988)
   Vice president of The Tobacco Institute, early 1970's

Subject
airlines
--------------------------------------
If this posting looks weird, it's because it's the first one I've  
ever done on a Mac.
-------------------------------------
This service is provided by Anne Landman, tobacco document researcher  
and editor of the TobaccoWiki portal on www.SourceWatch.org, Tobacco  
Documents Online and the Center for Media and Democracy.


Anne Landman
Tobaccowiki Editor
www.TobaccoWiki.org
Center for Media and Democracy
(970) 216-9842




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