Table 1

 Detailed chronology of airlines and smoking 1969–1990

ASH, Action on Smoking and Health; CAB, Civil Aeronautics Board; DOT, Department of Transportation; FAA, Federal Aviation Authority; NAS, National Academy of Sciences; NIOSH, National Institute for Occupational Health and Safety.
1969
DecemberRalph Nader petitions FAA and CAB to ban smoking on airlines.11
John Banzhaf and ASH file a petition with FAA seeking separate smoking and non-smoking sections.12
1971
DecemberA joint FAA and NIOSH report concludes that inhalation of byproducts from tobacco smoke aboard commercial aircraft does not represent a significant health hazard to non-smoking passengers.13
1972
JanuarySurgeon General’s report concludes, “It is high time to ban smoking from all confined public places such as restaurants, theatres, airplanes, trains, and buses.”14
SeptemberCAB issues notice of proposed rulemaking to segregate smoking on passenger aircraft.15
1973
MayCAB requires domestic airlines to provide designated “no smoking” areas aboard aircraft for reasons of consumer comfort and protection effective 1 July 1973.16
JulyFAA withdraws its Advance Notice of Proposed Rulemaking concerning segregation of smokers on commercial aircraft.17
1976
OctoberResponding to an ASH petition to ban cigar and pipe smoking, CAB initiates a rulemaking proceeding on a wide range of smoking issues.18
1978
OctoberAirline Deregulation Act (Public Law 95–504) is adopted. It also requires sunset of CAB 1 January 1985.19
1979
JanuaryCAB modifies the 1973 rules, requiring airlines to specially segregate cigar and pipe smokers; ban smoking when the ventilation system is not fully functioning; 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 to be made available to accommodate all persons who wish to be seated in such rows; expand the non-smoking areas to meet passenger demand; and that carriers must take measures to enforce these rules.20 Docket 29044 is kept open for further comments.
MayCAB invites comments on the following proposals: ban smoking on flights of 1 hour or less; ban smoking on small aircraft, ban cigar and pipe smoking; provide special seating arrangements for passengers unusually susceptible to tobacco smoke; require partitions or buffer zones between smoking and non-smoking sections; and permit a waiver procedure for airlines that wish to experiment with ways of segregating smokers and non-smokers.21
1981
FebruaryIn a supplemental notice of proposed rulemaking to its 16 May 1979 notice, CAB requests commentary on two more options: a ban on all in-flight smoking or an elimination of the regulation of smoking on passenger aircraft. CAB also invites commentary on the transfer of its rulemaking authority in this area.22
MayCAB holds a public hearing on the smoking rule.23
SeptemberCAB concludes the rulemaking begun in 1976 by dropping the 1979 modifications to the smoking rule. It revises the rule by requiring airlines to guarantee a seat in the no smoking section to every non-smoker who meets the airline’s designated check-in deadline.23
OctoberAfter CAB denies its request for a postponement of the effective date of the newly modified rule, ASH files a motion for a stay in a DC US Court of Appeals.24
1982
MaySenate Subcommittee on Aviation holds a hearing to discuss airliner cabin safety and health standards and S. 1770. The bill does not make it out of committee.25
1983
JanuaryCourt of Appeals affirms CAB’s authority to regulate smoking on aircraft.24
MayCAB reinstates two of the three provisions as ordered by the Court of Appeals: provide special segregation of cigar and pipe smokers and require carriers to prohibit smoking when ventilation systems are not fully functioning.
SeptemberCAB issues supplemental proposals to ban smoking on short flights (1 or 2 hours) and to require additional special protections for those sensitive to smoke.26
NovemberSenate Subcommittee on Aviation holds its second hearing to discuss airliner cabin safety and health standards and S. 197.27
1984
FebruaryCAB holds hearings on proposed rulemaking.28
JuneCAB adopts rules to ban smoking on small aircraft and to ban cigar and pipe smoking on all flights.28
OctoberPublic Law 98–466 is enacted (S. 197), requiring the FAA to contract with NAS for a literature review of studies on the airliner cabin environment.29
Public Law 98–443 amends the Federal Aviation Act of 1958 to terminate and transfer certain functions of CAB as of 1 January 1985. The statutory authority enabling CAB to promulgate rules governing smoking aboard airlines is transferred to DOT.30
1986
AugustNAS issues its report The Airliner Cabin Environment Air Quality and Safety and calls for a total smoking ban on all domestic commercial flights.31
1987
JulyHouse of Representatives passes (198–193) an amendment to the DOT appropriations bill banning smoking on flights of 2 hours or less. The amendment had been rejected in subcommittee and in the full Appropriations Committee, but the Rules Committee permitted the sponsor to offer it on the House floor.32
OctoberHouse Aviation Subcommittee hears testimony on smoking aboard airliners.33
DecemberThe conference committee agrees to a compromise provision banning smoking on flights of 2 hours or less for 2 years and a $2000 fine for tampering with smoke detectors in airliner lavatories.34
1988
AprilSmoking ban goes into effect.34 Between 80–85% of all domestic flights were covered by the ban.
Northwest Airlines voluntarily bans smoking on all its North American flights.35
1989
JuneHouse Aviation Subcommittee hears testimony on smoking aboard airliners.36
AugustHouse passes an amendment to the transportation appropriations bill that would make the current ban of smoking on commercial flights of 2 hours or less permanent.37
SeptemberSenate adopts by voice vote the Lautenberg amendment to the transportation appropriations bill banning smoking on all domestic flights.38
OctoberHouse-Senate Conferees on DOT appropriations bill agree to ban smoking on all passenger flights within the continental US and all flights to Alaska and Hawaii lasting less than 6 hours.39
NovemberSenate passes the DOT appropriations bill with the provision to expand and extend the current airline smoking ban.40
DecemberDOT submits its study of cabin air quality to Congress. Report states “consideration should be given to a total ban on smoking on all flights…as a means of eliminating the ETS risks currently faced by non-smoking passengers and non-smoking cabin crew members.”41
1990
FebruarySmoking ban on most scheduled US domestic flights goes into effect.11