11414 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 

Order 7400.9Z dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This action amends Title 14, Code of 

Federal Regulations (14 CFR) part 71, 

updating the geographic coordinates for 

Class E airspace extending upward from 

700 feet above the surface at Harvey 

Municipal Airport, Harvey, ND; Rolla 

Municipal Airport, Rolla, ND; Minot 

AFB, Minot ND; and the Devils Lake 

VOR/DME to coincide with the FAA’s 

aeronautical database. 

This is an administrative change 

amending the description for Harvey 

Municipal Airport and Rolla Municipal 

Airport to be in concert with the FAA’s 

aeronautical database, and does not 

affect the boundaries, or operating 

requirements of the airspace; therefore, 

notice and public procedure under 5 

U.S.C. 553(b) are unnecessary. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, effective 

September 15, 2015, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL ND E5 Harvey, ND [Amended] 

Harvey Municipal Airport, ND 

(Lat. 47°47′28′′ N., long 99°55′54′′ W.) 

Minot AFB, ND 

(Lat. 48°24′57′′ N., long. 101°21′29′′ W.) 

Bismarck VOR/DME 

(Lat. 46°45′42′′ N., long. 100°39′55′′ W.) 

Devils Lake VOR/DME 

(Lat. 48°06′55′′ N., long. 98°54′45′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Harvey Municipal Airport; and that 

airspace extending upward from 1,200 feet 

above the surface bounded on the north by 

V–430, on the west by the 47-mile radius of 

Minot AFB, on the southwest by V–15, on the 

south by the Bismarck VOR/DME 36-mile 

radius, on the southeast by V–169, and on the 

east by the Devils Lake VOR/DME 22-mile 

radius; and that airspace extending upward 

from 1,200 feet above the surface bounded on 

the northwest by V–169, on the south by 

latitude 47°30′00′′ N., and on the east by 

longitude 99°19′00′′ W., excluding all Federal 

airways. 

* * * * * 

AGL ND E5 Rolla, ND [Amended] 

Rolla Municipal Airport, ND 

(Lat. 48°53′04′′ N., long. 99°37′15′′ W.) 

Devils Lake VOR/DME 

(Lat. 48°06′55′′ N., long. 98°54′45′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of Rolla Municipal Airport, excluding 

that airspace north of lat. 49°00′00′′ N.; and 

that airspace extending upward from 1,200 

feet above the surface within an area 

bounded on the north by lat. 49°00′00′′ N., on 

the east by long. 99°00′00′′ W., on the 

southeast by the 22-mile arc of the Devils 

Lake VOR/DME, on the south by V–430, on 

the southwest by the Rugby, ND, Class E 

airspace area, and on the west by long. 

99°49′00′′ W. 

Issued in Fort Worth, Texas, on February 

19, 2016. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2016–04202 Filed 3–3–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–6001; Airspace 

Docket No. 15–ANM–10] 

RIN 2120–AA66 

Amendment of United States Area 

Navigation (RNAV) Route Q–35; 

Western United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects the FAA 

docket number of a final rule published 

in the Federal Register on January 14, 

2016, amending the legal description of 

RNAV Route Q–35 in the Western 

United States. In that rule, the FAA 

docket number was incorrectly 

published as FAA–2013–6001, instead 

of FAA–2015–6001. 

DATES: Effective date 0901 UTC, March 

31, 2016. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. For further 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 11415 

1Smoking of Electronic Cigarettes on Aircraft, 

Department of Transportation, Office of the 

Secretary, 14 CFR part 252, [Docket No. DOT–OST– 

2011–0044], RIN 2105–AE06, 76 FR 57008 (Sept. 

15. 2011). 

2Our NPRM and many commenters referred to 

the exhaled product of e-cigarettes as a ‘‘vapor.’’ It 

is more accurate to refer to the product as an 

aerosol. See Grana et al., E-Cigarettes: A Scientific 

Review, http://www.ncbi.nlm.nih.gov/pmc/articles/

PMC4018182/. Products that create both vapors and 

aerosols are included in the Department’s definition 

of ‘‘smoking.’’ 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.9Z at NARA, call (202) 741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Jason Stahl, Airspace Policy Group, 

Office of Airspace Services, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: (202) 

267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

A final rule was published in the 

Federal Register on January 14, 2016 

(81 FR 1877), FR Doc. 2015–33095, that 

reversed the order of points listed in the 

legal description of RNAV Route Q–35 

as published in FAA Order 7400.9, 

Airspace Designations and Reporting 

Points. Subsequent to publication, the 

FAA found that the FAA docket number 

for this document was inadvertently 

mistyped. This action corrects the FAA 

docket number. 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, in the 

Federal Register of January 14, 2016 (81 

FR 1877), the docket number, as 

published in the Federal Register on 

January 14, 2016 (81 FR 1877), FR Doc. 

2015–33095, amending the legal 

description of RNAV Route Q–35, is 

corrected as follows: 

§ 71.1 [Amended] 

■ On page 1877, column 1, line 4, 

Remove ‘‘Docket No. FAA–2013–6001’’ 

and add in its place ‘‘Docket No. FAA– 

2015–6001. 

Issued in Washington, DC, on February 25, 

2016. 

Kenneth Ready, 

Acting Manager, Airspace Policy Group. 

[FR Doc. 2016–04739 Filed 3–3–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 252 

[Docket No. DOT–OST–2011–0044] 

RIN 2105–AE06 

Use of Electronic Cigarettes on Aircraft 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The Department of 

Transportation is issuing a final rule to 

extend the smoking ban in DOT’s 

regulation to include all charter (i.e., 

nonscheduled) flights where a flight 

attendant is a required crewmember. 

The revised regulation would comport 

with 49 U.S.C. 41706, which was 

revised in 2012, to ban smoking on 

charter flights where a flight attendant 

is a required crewmember. This final 

rule also explicitly bans the use of 

electronic cigarettes (‘‘e-cigarettes’’) on 

all flights where smoking is banned. The 

Department interprets the existing 

regulation to prohibit e-cigarette use, 

but is codifying this interpretation. 

DATES: The rule is effective April 4, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Robert M. Gorman, Senior Trial 

Attorney, or Blane A. Workie, Assistant 

General Counsel, Office of the Assistant 

General Counsel for Aviation 

Enforcement and Proceedings, U.S. 

Department of Transportation, 1200 

New Jersey Ave. SE., Washington, DC 

20590, 202–366–9342, 202–366–7152 

(fax), robert.gorman@dot.gov or 

blane.workie@dot.gov (email). 

SUPPLEMENTARY INFORMATION: 

Background 

The Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century (Pub. L. 106–181) was signed 

into law on April 5, 2000. Section 708 

of this statute, ‘‘Prohibitions Against 

Smoking on Scheduled Flights’’ 

(codified as 49 U.S.C. 41706), banned 

passengers from smoking on all flights 

in scheduled passenger interstate and 

intrastate air transportation, and 

directed the Secretary of Transportation 

to prohibit smoking in foreign air 

transportation (with an exception 

process for foreign carriers). Shortly 

thereafter, the Department of 

Transportation (‘‘DOT,’’ or ‘‘the 

Department’’) amended its rule on 

smoking aboard aircraft, 14 CFR part 

252, to implement section 41706. Under 

part 252, the smoking of tobacco 

products is banned on all scheduled 

passenger flights of air carriers, and on 

all scheduled passenger flight segments 

of foreign air carriers between points in 

the United States and between the 

United States and foreign points. Under 

part 252, foreign governments may 

request and obtain a waiver from DOT 

provided that an alternative smoking 

prohibition resulting from bilateral 

negotiations is in effect. Further, part 

252 was amended to permit carriers 

operating single-entity charters to allow 

smoking throughout the aircraft, but 

also required a no-smoking section for 

each class of service (e.g., first class) on 

other charter flights where smoking is 

not banned. 

Throughout this preamble, we use the 

terms ‘‘air carrier’’ and ‘‘foreign air 

carrier’’ as defined in 49 U.S.C. 40102, 

in which an ‘‘air carrier’’ is a citizen of 

the United States undertaking to 

provide air transportation, and a 

‘‘foreign air carrier’’ is a person, not a 

citizen of the United States, undertaking 

to provide foreign air transportation. 

The Notice of Proposed Rulemaking 

Electronic Cigarettes and Other Nicotine 

Delivery Systems 

On September 15, 2011, the 

Department published a notice of 

proposed rulemaking (NPRM) in which 

it proposed to amend its existing 

smoking rule (part 252) to explicitly ban 

the use of e-cigarettes on all flights 

covered by that rule (i.e., all flights of 

U.S. air carriers in scheduled passenger 

interstate, intrastate and foreign air 

transportation and all scheduled flight 

segments of foreign air carriers in, to, or 

from the United States).1 E-cigarettes 

typically contain a cartridge or chamber, 

which contain an atomizer or heating 

element, a battery and a liquid solution. 

Most often e-cigarettes contain liquid 

nicotine but they may contain other 

chemicals. When a user inhales, the 

heating element aerosolizes the liquid 

solution. This produces an aerosol,2

which requires an inhalation and 

exhalation similar to smoking cigarettes. 

In addition to nicotine, e-cigarette 

aerosol can contain heavy metals, 

ultrafine particulates that can be inhaled 

deep into the lungs, and cancer-causing 

agents like acrolein. Secondhand 


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