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 of Transportation to work expeditiously to 

finalize a rule prohibiting the use of electronic 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, our general ban on cigarette use includes electronic cigarettes. Furthermore, 

all domestic airline carriers have self-imposed bans on the use of electronic cigarettes on aircraft. 

Nevertheless. to prevent passenger or crewmember confusion. 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 calendar year. 

A copy of your letter and this response will be placed in the public docket for the rulemaking 

(Docket No. DOT-OST-2011-0044). A similar response has been sent to each cosigner of your 

letter. If I can provide further information or assistance, please feel free to call me. 

Si~ly, 

~~ Anthony R. Foxx 
THE SECRETARY OF TRANSPORTATION 

WASHINGTON. DC 20590 

The Honorable 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 of Transportation to work expeditiously to 

finalize a rule prohibiting the use of electronic 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 of electronic cigarettes on aircraft. 

Nevertheless, to prevent passenger or crewmember confusion, 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 calendar year. 

A copy of your letter and this response will be placed in the public docket for the rulemaking 

(Docket No. DOT-OST-2011-0044). A similar response has been sent to each cosignerofyour 

letter. Ifl can provide further information or assistance, please feel free to call me. 

s i.acerely, 

' . 

kc14 

Anthony R. F oxx 
THE SECRETARY OF TRANSPORTATION 

WASHINGTON, DC 20590 

The Honorable Jack Reed 

United States Senate 

Washington, DC 20510 

Dear Senator Reed: 

August 12, 2014 

Thank you for your letter urging the U.S. Department of Transportation to work expeditiously to 

finalize a rule prohibiting the use of electronic 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, our general ban on cigarette use includes electronic cigarettes. Furthermore, 

all domestic airline carriers have self-imposed bans on the use of electronic cigarettes on aircraft. 

Nevertheless. to prevent passenger or crewmember confusion, 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 calendar year. 

A copy of your letter and this response will be placed in the public docket for the rulemaking 

(Docket No. DOT-OST-2011-0044). A similar response has been sent to each cosigner of your 

letter. If I 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 letter urging the U.S. Department of Transportation to work expeditiously to 

finalize a rule prohibiting the use of electronic 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, our general ban on cigarette use includes electronic cigarettes. Furthermore, 

all domestic airline carriers have self-imposed bans on the use of electronic cigarettes on aircraft. 

Nevertheless, to prevent passenger or crewmember confusion, 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 calendar year. 

A copy of your letter and this response will be placed in the public docket for the rulemaking 

(Docket No. DOT -OST -2011-0044 ). A similar response has been sent to each cosigner of your 

letter. lfl can provide further information or assistance, 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 of Transportation to work expeditiously to 

finalize a rule prohibiting the use of electronic 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. our general ban on cigarette use includes electronic cigarettes. Furthermore, 

all domestic airline carriers have self-imposed bans on the use of electronic cigarettes on aircraft. 

Nevertheless, to prevent passenger or crewmember confusion. 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 calendar year. 

A copy of your letter and this response will be placed in the public docket for the rulemaking 

(Docket No. DOT -OST -2011-0044 ). A similar response has been sent to each cosigner of your 

letter. If I can provide further infonnation or assistance, 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 Senator Brown: 

August 12, 2014 

Thank you for your letter urging the U.S. Department of Transportation to work expeditiously to 

finalize a rule prohibiting the use of electronic 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. our general ban on cigarette use includes electronic cigarettes. Furthermore, 

all domestic airline carriers have self-imposed bans on the use of electronic cigarettes on aircraft. 

Nevertheless, to prevent passenger or crewmember confusion, 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 calendar year. 

A copy of your letter and this response will be placed in the public docket for the rulemaking 

(Docket No. DOT-OST-2011-0044). A similar response has been sent to each cosigner of your 

letter. If I 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 Senator Harkin: 

August 12, 201-4 

Thank you for your letter urging the U.S. Department ofTransportation to work expeditiously to 

finalize a rule prohibiting the use of electronic 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, our general ban on cigarette use includes electronic cigarettes. Furthermore, 

all domestic airline carriers have self-imposed bans on the use of electronic cigarettes on aircraft. 

Nevertheless, to prevent passenger or crewmember confusion, 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 calendar year. 

A copy of your letter and this response will be placed in the public docket for the rulemaking 

(Docket No. DOT-OST-2011-0044). A similar response has been sent to each cosigner of your 

letter. If I can provide further information or assistance, please feel free to call me. 

Sincerely, 

r. 

/ 

6:~1,c~ ~Antho~y R. Foxx 
1dnitrd eStates ~rnatc 

The l Ionorable Anthony Foxx 

Secretary 

U.S. Department of Transportation 

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 consumer health on 

commercial flights. While many major carriers have decided to prohibit the use of electronic 

cigarettes, federal regulations still allow these products to be used during tlight. 

The Department of Transportation 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 of electronic 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 or respiratory irritants in a confined space. especially to those who are at a 

higher risk. is contrary to the purpose and intent of the statutory and regulatory ban on smoking 

aboard aircraft ... It also notes that the purpose of such a regulation "is to prevent introduction of a 

new potential source of contamination to the cabin environment that could potentially endanger 

the welfare of nonsmokers 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 of past advertisements that feature or imply the use 

of electronic 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