Thu, Sep 15, 2011
LaHood: Ban Would "Reduce Confusion" Concerning Their Use
An NPRM published Wednesday in the Federal Register would ban
even faux smoking aboard any domestic airline flight. U.S.
Transportation Secretary Ray LaHood said the DOT is proposing
to explicitly ban the use of electronic cigarettes on aircraft.

“Airline passengers have rights, and this new rule would
enhance passenger comfort and reduce any confusion surrounding the
use of electronic cigarettes in flight,” said Secretary
LaHood (pictured).
The NPRM would clarify that the airline smoking rule prohibits
the use of electronic cigarettes and similar products, as tobacco
products are now prohibited. Electronic cigarettes are designed to
deliver nicotine or other substances to the smoker in the form of a
vapor. Electronic cigarettes cause potential concern because there
is a lack of scientific data and knowledge of the ingredients in
electronic cigarettes. The Department views its current regulatory
ban on smoking of tobacco products to be sufficiently broad to
include the use of electronic cigarettes. The Department is taking
this action to eliminate any confusion over whether the
Department’s ban includes electronic cigarettes. The proposal
would apply to all scheduled flights of U.S. and foreign carriers
involving transportation to and from the U.S.

Amtrak has banned the use of electronic smoking devices on
trains and in any area where smoking is prohibited. The Air Force
Surgeon General issued a memorandum highlighting the safety
concerns regarding electronic cigarettes and placed them in the
same category as tobacco products. The U.S Navy has banned
electronic cigarettes below decks in submarines. Further, several
states have taken steps to ban either the sale or use of electronic
cigarettes.
This NPRM proposes an explicit ban on the use of electronic
cigarettes in all forms, including but not limited to electronic
cigars, pipes and devices designed to look like everyday products
such as pens. The ban does not include the use of a device such as
a nebulizer that delivers a medically beneficial substance to a
user in the form of a vapor.
The Department is also considering whether to extend the ban on
smoking, including electronic cigarettes, to charter flights of
U.S. carriers and foreign air carriers with aircraft that have a
designed seating capacity of 19 or more passenger seats. Officials
say the rulemaking is a part of the Department's broader effort to
strengthen airline passenger rights and improve information
available to the public.
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