m 

U.S. Department GENERAL COUNSEL . . L; L" l (.^VC.iaQiifc'yfersey Avenue, SE 

of Transportation Washington, DC 20590 

Office of the Secretary 2jll \\\\: "^1 I- "s: lib 

of Transportatfon 

March 8, 2011 

Mr. Spike Babaian 

President, National Vapers Club 

1074 Hunter Avenue, Suite 4 

Valley Stream, NY 11580-3010 

Dear Mr. Babaian: 

Thank you for your letter of February 18, 2011, expressing your concern regarding a 

rulemaking, wliich the Department plans to conduct, that will propose to explicitly ban the use 

of electronic cigarettes on aircraft in scheduled passenger interstate, intrastate and foreign air 

transportation. 

While I appreciate your taking the time to write to me on this very important issue, I 

cannot comment on the merits of the matter that is the subject of your letter because it 

concerns a rulemaking that is currently pending before this Department. I will, however, 

place a copy of your letter and this response in the rulemaking docket. You will also have an 

opportunity to comment on the Department's proposal once it is issued, and I have asked my 

staff to send you a copy of the proposal as soon as it is issued. If you have any further 

questions, please feel free to contact Blane Workie, Deputy Assistant General Counsel for 

Aviation Enforcement and Proceedings, at 202-366-9345. 

Sincerely yours. 

Robert S. Rivkin 
Jennings, Laura (OST) '"! A lY^TMEfiJTOr 

To: 

Subject: 

Podberesky, Samuel (OST) 

RE: DOT policy on e-cigarettes 

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From: National Vapers Club rmailto:VaDersClub@aol.com1 

Sent: Friday, Februatv 18, 2011 12:23 AM 

To: Rivkin, Robert (OST) 

Subject: DOT policy on e-cigarettes 

1074 Hunter Avenue 

Valley Stream Ny 1151 

516-6' 

Mr. Rivkin, 

Before you begin the process of changing the wording of 49 USC §41706 and 14 CFR Part 252 (Part 252) to ban "smoking 

an e-cigarette", we felt it pertinent to make sure you are aware that e-cigarettes do not produce any smoke. Smoke is a 

product of combustion. Electronic cigarettes do not contain any tobacco and therefore, there is no combustion. The 

product is an inhaler used to deliver nicotine to the users lungs. They do this in the same way that a nebulizer delivers 

medication to the lungs of an asthmatic. The liquid is steamed and inhaled at which point the nicotine is absorbed by the 

user and then the exhaled odorless vapor (the same product produced by a fog machine and used in asthma inhalers) 

dissipates almost immediately and is non toxic. The appearance and lack of odor make it very easily apparent that the 

product is not a cigarette and make it simple for employees and bystanders to quickly differentiate the product from a 

cigarette. In addition, the fact that smoking has been banned on flights for more than two decades makes it obvious to 

nearly all passengers that smoking Is not allowed on flights. 

For these reasons we feel that e-cigarettes are not covered under the smoking law. They are not "smoked" and do not 

produce any smoke, tar or carbon monoxide. They are "vaped" (vaporized and then inhaled). The Attorney General for 

Virginia also did not feel the product would be covered under the smoking laws (see 

http://www.vaag.com/OPINIONS/2Q10opns/10-029-Peace.pdf). Many states have tried to ban the products use under 

the smoking laws and have failed to do so once the legislators are made aware that the product produces no smoke. Just 

because it is called an e-cigarette and is marketed to smokers does not make it a cigarette. It functions in the same way 

that a nicotine inhaler does and those have been in use on flights for more than two decades. 

Products that help people quit smoking and reduce anxiety about travel should not be banned in any form unless they 

are shown to be hazardous to others. That was the original purpose of the smoking bans.,, to protect public health. We 

urge you to reconsider your position on e-cigarettes. We are available by phone or video conference (or in person with 

some notice) to answer any questions you may have. 
National Vapers Club is a nonprofit advocacy and educational organization which informs the public about electronic 

cigarettes and provides them with scientific data on the product. 

Please contact us at your earliest convenience. 

Spike Babaian 

National Vapers Club President - www.VapersClub.com 

IVAQS Project - www.iVAQS.com 

Skype: spike buxton 

516 695-7007