### THE SECRETARY OF TRANSPORTATION WASHINGTON. DC 20590

The Honorable Barbara Boxer United States Senate Washington, DC 20510 Dear Senator Boxer: August 12, 201-'

Thank you for your letter urging the U.S. Department ofTransportation to work expeditiouslyto finalize a rule prohibiting the use ofelectronic cigarettes on commercial flights. I appreciatethe opportunity to provide you an update. I wantto assure you that. while the Department's current regulations do not mention electronic cigarettesexplicitly, ourgeneral ban on cigarette use includes electronic cigarettes. Furthermore, all domestic airline carriers have self-imposed bans onthe use ofelectronic cigarettes on aircraft. Nevertheless. to prevent passengerorcrewmemberconfusion. we are clarifying this ban in a rulemaking that would amend the existing general regulatory language to explicitly ban use of electronic cigarettes aboard aircraft. We are actively workingto finish the final rule and its accompanying regulatory evaluation. and we expect to issue that final rule thiscalendaryear. A copy ofyourletterand this response 

### will be placed in the public docket for the rulemaking (Docket No. DOT-OST-2011-0044). A similarresponse has been sent to each cosignerofyour letter. IfIcan provide further information or assistance, please feel free to call me.**Si~ly,**

# ~~ Anthony R. Foxx

### THE SECRETARY OF TRANSPORTATION WASHINGTON. DC 20590

TheHonorable Edward

### J. Markey United States Senate Washington. DC 20510 Dear Senator Markey: August 12, 20t...J

Thank you for your letter urging the U.S. Department ofTransportation to work expeditiously to finalize a rule prohibiting the use ofelectronic cigarettes on commercial flights. 

### I appreciate the opportunity to provide you an update. 

### I want to assure you that, white the Department's current regulations do not mention electronic cigarettes explicitly. our general ban on cigarette use includes electronic cigarettes. Furthermore, all domestic airline carriers have self-imposed bans on the use ofelectronic cigarettes on aircraft. Nevertheless, to prevent passengeror crewmemberconfusion, we are clarifying this ban in a rulemaking that would amend the existing general regulatory language to explicitly ban use of electronic cigarettes aboard aircraft. We are actively working to finish the final rule and 

### its accompanying regulatory evaluation. and we expect to issue that final rule this calendaryear. 

### Acopy ofyour letter and this response will be placed in the public docket for the rulemaking (Docket No. DOT-OST-2011-0044). A similarresponse has been sent to each cosignerofyour letter. 

### Iflcan provide further information or assistance, please feel free to call me. 

## si.acerely,

' 

# . 

# kc14 Anthony R. Foxx

### THE SECRETARY OF TRANSPORTATION WASHINGTON, DC 20590

The HonorableJack Reed United States Senate Washington, DC 20510 Dear SenatorReed: August 12, 2014

Thank you for your letter urging the U.S. Department ofTransportation to work expeditiouslyto finalize a rule prohibiting the use ofelectronic cigarettes on commercial flights. I appreciate the opportunity to provide you an update. I want to assure you that, while the Department's currentregulations do not mention electronic cigarettes explicitly, ourgeneral ban on cigarette use includes electronic cigarettes. Furthermore, all domestic airline carriers have self-imposed bans on the use ofelectronic cigarettes on aircraft. Nevertheless. to prevent passenger orcrewmemberconfusion, we are clarifying this ban in a rulemaking that would amend the existing general regulatory language to explicitly ban useof electronic cigarettes aboard aircraft. We are actively working to finish the final rule and its accompanying regulatory evaluation. and we expect to issue that final rule this calendaryear. A copy ofyourletter and this response will be placed in the public docket for the rulemaking (DocketNo. DOT-OST-2011-0044). A similar response has been sent to each cosignerofyour letter. IfI can provide further information or assistance, please feel free to call me. sr{ely,

# ~~ Anthony R. Foxx

### THE SECRETARY OF TRANSPORTATION WASHINGTON, DC 20590

The Honorable Richard Blumenthal United States Senate Washington, DC 

### 20510 Dear Senator Blumenthal: August 12, 2014

Thank you for your letterurging the U.S. Department ofTransportation to workexpeditiouslyto finalize a rule prohibiting the use ofelectronic cigarettes on commercial flights. I appreciate the opportunityto provide you an update. I want to assure you that, while the Department's currentregulations do not mention electronic cigarettes explicitly, ourgeneral ban on cigaretteuse includes electronic cigarettes. Furthermore, all domestic airline carriers have self-imposed bans on the use ofelectronic cigarettes on aircraft. Nevertheless, to prevent passenger or crewmemberconfusion, we are clarifyingthis ban in a rulemaking that would amend the existing general regulatory language to explicitly ban use of electronic cigarettes aboard aircraft We are actively workingto finish the final rule and its accompanying regulatory evaluation. and we expect to issue that final rule this calendaryear. A copy ofyour letter and this response 

### will be placed in the public docket for the rulemaking (DocketNo. DOT -OST 

### -2011-0044). A similarresponse has been sent to each cosignerofyour letter. lfl can provide further informationorassistance, please feel free to call me. Sincerely, /"- \ / !

# ~~ Anthony R. Foxx

### THE SECRETARY OF TRANSPORTATION WASHINGTON, DC 20590

The Honorable Richard 

### J. Durbin United States Senate Washington. DC 20510 Dear Senator Durbin: 

### August 12,2014

Thank you for your letter urging the U.S. Department ofTransportation to work expeditiously to finalize a rule prohibiting the use ofelectronic cigarettes on commercial flights. I appreciatethe opportunityto provide you an update. I want to assure you that, while the Department's current regulations do not mention electronic cigarettes explicitly. our general ban on cigarette use includes electronic cigarettes. Furthermore, all domestic airline carriers have self-imposed bans on the use ofelectronic cigaretteson aircraft. Nevertheless, to prevent passengerorcrewmemberconfusion. we are clarifying this ban in a rulemaking that would amend the existing general regulatory language to explicitly ban use of electronic cigarettes aboard aircraft. We are actively working to finish the final rule and its accompanying regulatory evaluation. and we expect to issue that final rule this calendaryear. A copy ofyour letter and this response will be placed in the public docket for the rulemaking (Docket No. DOT-OST -2011-0044). A similarresponse has been sent to each cosignerofyour letter. IfI can provide further infonnation orassistance, please feel free to call me. S)Rcerely. I I I

# fo.~ Anthony 

### R. Foxx

### THE SECRETARY OF TRANSPORTATION WASHINGTON, DC 20590

The Honorable Sherrod Brown United States Senate Washington, DC 20510 Dear SenatorBrown: August 12, 2014

Thank you for yourletter urging the U.S. Department ofTransportation to work expeditiouslyto finalize a rule prohibiting the use ofelectronic cigarettes on commercial flights. I appreciate the opportunity to provide you an update. I want to assure you that, while the Department's current regulations do not mention electronic cigarettes explicitly. ourgeneral ban on cigarette use includes electronic cigarettes. Furthermore, all domestic airline carriers have self-imposed bans on the use ofelectronic cigarettes on aircraft. Nevertheless, to prevent passenger or crewmemberconfusion, we are clarifying this ban in a rulemaking that would amend the existing general regulatory language to explicitly ban use of electronic cigarettes aboard aircraft. We are actively working to finish the final rule and its accompanying regulatory evaluation. and we expect to issue that final rule this calendaryear. A copy ofyour letter and this response will be placed in the public docket for the rulemaking (Docket No. DOT-OST-2011-0044). A similarresponse hasbeen sentto each cosignerofyour letter. IfI can provide further information or assistance. please feel free to call me. Si1_1eerely,

J /) 

# £>

# ~~ Anthony R. Foxx

### THE SECRETARY OF TRANSPORTATION WASHINGTON, DC 20590

The Honorable Tom Harkin United States Senate Washington. DC 20510 Dear SenatorHarkin: August 12, 201-4

Thank you for your letterurging the U.S. Department ofTransportationto work expeditiously to finalize a rule prohibiting the use ofelectronic cigarettes on commercial flights. I appreciatethe opportunity to provide you an update. I want to assure you that, while the Department's currentregulations do not mention electronic cigarettes explicitly, ourgeneral ban on cigarette use includes electronic cigarettes. Furthermore, all domestic airline carriers have self-imposed bans on the use ofelectronic cigarettes on aircraft. Nevertheless, to prevent passengeror crewmemberconfusion, we are clarifyingthis ban in a rulemaking that would amend the existing general regulatory language to explicitly ban use of electronic cigarettes aboard aircraft. We are actively working to finish the final rule and its accompanying regulatory evaluation. and we expect to issue that final rule this calendaryear. A copy ofyour letter and this response will be placed in the public docket for the rulemaking (Docket No. DOT-OST-2011-0044). A similarresponse has been sent to each cosignerofyour letter. IfI can provide further information orassistance, please feel free to call me. Sincerely,



## r. /

# 6:~1,c~**~Antho~y** R. Foxx

# 1dnitrd eStates**~rnatc**

The lIonorable Anthony Foxx Secretary U.S. Department ofTransportation 1200 New Jersey Ave, SE Washington. DC 20590 Dear Secretary Foxx: WASHINGTON, DC 20510 June 10, 2014

We are writing to you with great concern about protecting consumerhealth on commercial flights. While many major carriers have decided to prohibit the use ofelectronic cigarettes, federal regulations still allowthese products to be used during tlight. The Department ofTransportation tirst published proposed rules to prohibit the use of electronic cigarettes on aircraft on September 15, 2011 (Docket No. DOT-OST-2011-0044}. This rule \Vhcn finalized will ban the smoking ofelectronic cigarettes on both domestic and foreign air carriers to and from the United States. It is unacceptable that it has been more than two years and this rule has yet to be finalized. As the Department's own preamble in 2011 noted, "Releasing a vapor that may contain harmful substances orrespiratory irritants in a confined space. especiallyto those who are at a higher risk. is contrary to the purpose and intent ofthe statutory and regulatory ban on smoking aboard aircraft
... It also notes that the purpose ofsuch a regulation "is to prevent introduction ofa new potential source ofcontamination to the cabin environment that could potentially endanger the welfare ofnonsmokers who are now protected from all such exposure." Numerous electronic cigarette companies have marketed their products as offering the freedom to break the rules or smoke in places where traditional cigarettes are banned. such as airplanes. We have attached some examples ofpast advertisements that feature orimplythe use ofelectronic cigarettes on airplanes. Please act immediately to tinalize these rules, and respond with an exact date when regulations will be published and when electronic cigarettes will finally be banned on commercial tlights. Sincerely.

# ~a Boxer Tom Harkin United States Senator United States Senator



### 510-140611-022

# ~...... .**Richar~i** J. Durbin l'nited States Senator

Sherrod Brmvn United Stah:s Senator

# ~y~ !'nitcd States Senator



### S10-140611-022 

## '
Rkhard 

### Blumenthal l ·nited States Senator

United Slates Senator