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Use of Electronic Cigarettes on Aircraft Negotiations Is in Effect Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 11415 information, you can contact the DEPARTMENT OF TRANSPORTATION passenger flights of air carriers, and on Airspace Policy Group, Federal Aviation all scheduled passenger flight segments Administration, 800 Independence Office of the Secretary of foreign air carriers between points in Avenue SW., Washington, DC 20591; the United States and between the telephone: (202) 267–8783. The Order is 14 CFR Part 252 United States and foreign points. Under also available for inspection at the [Docket No. DOT–OST–2011–0044] part 252, foreign governments may National Archives and Records request and obtain a waiver from DOT RIN 2105–AE06 Administration (NARA). For provided that an alternative smoking information on the availability of FAA prohibition resulting from bilateral Use of Electronic Cigarettes on Aircraft negotiations is in effect. Further, part Order 7400.9Z at NARA, call (202) 741– 252 was amended to permit carriers 6030, or go to http://www.archives.gov/ AGENCY: Office of the Secretary (OST), operating single-entity charters to allow federal_register/code_of_federal- Department of Transportation (DOT). _ ACTION: Final rule. smoking throughout the aircraft, but regulations/ibr locations.html. also required a no-smoking section for FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of each class of service (e.g., first class) on Jason Stahl, Airspace Policy Group, Transportation is issuing a final rule to other charter flights where smoking is Office of Airspace Services, Federal extend the smoking ban in DOT’s not banned. Aviation Administration, 800 regulation to include all charter (i.e., Throughout this preamble, we use the Independence Avenue SW., nonscheduled) flights where a flight terms ‘‘air carrier’’ and ‘‘foreign air carrier’’ as defined in 49 U.S.C. 40102, Washington, DC 20591; telephone: (202) attendant is a required crewmember. in which an ‘‘air carrier’’ is a citizen of 267–8783. The revised regulation would comport with 49 U.S.C. 41706, which was the United States undertaking to SUPPLEMENTARY INFORMATION: revised in 2012, to ban smoking on provide air transportation, and a charter flights where a flight attendant ‘‘foreign air carrier’’ is a person, not a Background is a required crewmember. This final citizen of the United States, undertaking A final rule was published in the rule also explicitly bans the use of to provide foreign air transportation. Federal Register on January 14, 2016 electronic cigarettes (‘‘e-cigarettes’’) on The Notice of Proposed Rulemaking (81 FR 1877), FR Doc. 2015–33095, that all flights where smoking is banned. The Department interprets the existing Electronic Cigarettes and Other Nicotine reversed the order of points listed in the Delivery Systems legal description of RNAV Route Q–35 regulation to prohibit e-cigarette use, as published in FAA Order 7400.9, but is codifying this interpretation. On September 15, 2011, the Airspace Designations and Reporting DATES: The rule is effective April 4, Department published a notice of Points. Subsequent to publication, the 2016. proposed rulemaking (NPRM) in which it proposed to amend its existing FAA found that the FAA docket number FOR FURTHER INFORMATION CONTACT: smoking rule (part 252) to explicitly ban for this document was inadvertently Robert M. Gorman, Senior Trial Attorney, or Blane A. Workie, Assistant the use of e-cigarettes on all flights mistyped. This action corrects the FAA covered by that rule (i.e., all flights of docket number. General Counsel, Office of the Assistant General Counsel for Aviation U.S. air carriers in scheduled passenger Correction to Final Rule Enforcement and Proceedings, U.S. interstate, intrastate and foreign air Department of Transportation, 1200 transportation and all scheduled flight Accordingly, pursuant to the segments of foreign air carriers in, to, or New Jersey Ave. SE., Washington, DC 1 authority delegated to me, in the 20590, 202–366–9342, 202–366–7152 from the United States). E-cigarettes Federal Register of January 14, 2016 (81 (fax), [email protected] or typically contain a cartridge or chamber, FR 1877), the docket number, as [email protected] (email). which contain an atomizer or heating element, a battery and a liquid solution. published in the Federal Register on SUPPLEMENTARY INFORMATION: January 14, 2016 (81 FR 1877), FR Doc. Most often e-cigarettes contain liquid 2015–33095, amending the legal Background nicotine but they may contain other description of RNAV Route Q–35, is The Wendell H. Ford Aviation chemicals. When a user inhales, the corrected as follows: heating element aerosolizes the liquid Investment and Reform Act for the 21st 2 Century (Pub. L. 106–181) was signed solution. This produces an aerosol, § 71.1 [Amended] which requires an inhalation and into law on April 5, 2000. Section 708 exhalation similar to smoking cigarettes. of this statute, ‘‘Prohibitions Against ■ On page 1877, column 1, line 4, In addition to nicotine, e-cigarette Smoking on Scheduled Flights’’ Remove ‘‘Docket No. FAA–2013–6001’’ aerosol can contain heavy metals, (codified as 49 U.S.C. 41706), banned and add in its place ‘‘Docket No. FAA– ultrafine particulates that can be inhaled passengers from smoking on all flights 2015–6001. deep into the lungs, and cancer-causing in scheduled passenger interstate and agents like acrolein. Secondhand Issued in Washington, DC, on February 25, intrastate air transportation, and 2016. directed the Secretary of Transportation 1 Smoking of Electronic Cigarettes on Aircraft, Kenneth Ready, to prohibit smoking in foreign air Department of Transportation, Office of the Acting Manager, Airspace Policy Group. transportation (with an exception Secretary, 14 CFR part 252, [Docket No. DOT–OST– 2011–0044], RIN 2105–AE06, 76 FR 57008 (Sept. [FR Doc. 2016–04739 Filed 3–3–16; 8:45 am] process for foreign carriers). Shortly thereafter, the Department of 15. 2011). BILLING CODE 4910–13–P 2 Our NPRM and many commenters referred to Transportation (‘‘DOT,’’ or ‘‘the the exhaled product of e-cigarettes as a ‘‘vapor.’’ It Department’’) amended its rule on is more accurate to refer to the product as an smoking aboard aircraft, 14 CFR part aerosol. See Grana et al., E-Cigarettes: A Scientific 252, to implement section 41706. Under Review, http://www.ncbi.nlm.nih.gov/pmc/articles/ PMC4018182/. Products that create both vapors and part 252, the smoking of tobacco aerosols are included in the Department’s definition products is banned on all scheduled of ‘‘smoking.’’ VerDate Sep<11>2014 13:44 Mar 03, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\04MRR1.SGM 04MRR1 jstallworth on DSK7TPTVN1PROD with RULES 11416 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations aerosol that is exhaled by users may product authorities to include e- crewmember was enacted into law on reduce air quality and is potentially cigarettes and other types of tobacco February 14, 2012, in the FAA harmful to health. Sometimes e- products.3 Modernization and Reform Act of 2012, cigarettes are designed to look like Similarly, in our NPRM, we proposed Public Law 112–95. Section 401 of the traditional cigarettes, but at times they to amend DOT’s smoking rule so it Act amended section 41706, the existing are also made to look like cigars, pipes, clearly covers e-cigarettes by including smoking statute, by broadening the and even everyday products such as a definition of smoking. For purposes of smoking prohibition to include aircraft pens. this rule, we proposed to define in nonscheduled passenger interstate, The increased promotion and smoking as: ‘‘the smoking of tobacco intrastate and foreign air transportation, availability of e-cigarettes raised the products or use of electronic cigarettes if a flight attendant is a required issue of whether the statutory ban on and similar products designed to deliver crewmember on the aircraft (as smoking on scheduled passenger flights nicotine or other substances to a user in determined by the Federal Aviation in section 41706 and the existing the form of a vapor,’’ with an exemption Administration or a foreign regulatory prohibition on the smoking of for ‘‘the use of a device such as a government). tobacco products in part 252 applied to nebulizer that delivers a medically Discussion of Comments e-cigarettes. In the NPRM, we explained beneficial substance to a user in the that the Department views the existing form of a vapor.’’ Overview statutory and regulatory framework to In the NPRM, the Department sought In response to the NPRM, the be sufficiently broad to include the use comment on: (1) Whether the definition of e-cigarettes; however, the purpose of Department received over 1000 of ‘‘smoking’’ in the proposed rule text comments, the majority of which were the proposal was to clarify and codify was so broad that it might this position. In addition to relying on in response to the e-cigarette issue. A unintentionally include otherwise majority of the comments received on section 41706 as our statutory authority permissible medical devices that for the rule, we also relied on 49 U.S.C. the NPRM were from individuals. In produce a vapor; (2) concerns over, and addition, the Department received 41702, which requires air carriers to benefits of, the proposal to clarify the provide safe and adequate interstate air comments from the following entities: prohibition in part 252 to explicitly U.S. carrier and foreign carrier transportation. Another Federal statute, cover e-cigarettes; and (3) any other 49 U.S.C. 41712, which prohibits associations, members of Congress, pilot information or data relevant to the associations, flight attendant airlines from engaging in unfair or Department’s decision. deceptive practices or unfair methods of associations, consumer organizations, competition in air transportation or the Charter (Nonscheduled) Passenger advocacy and special interest sale of air transportation, provides Flights organizations, local governments, and additional support for the e-cigarette In addition, the NPRM also stated the medical associations.
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