We are reaching out to you this morning to ask that you take a few minutes of your time and inform the Department of Transportation about your eCig experiences. The DOT is currently working on a proposed amendment that will ban the use of eCigarettes on all passenger aircraft. These flights will include in-state, out-of-state, and foreign flights. Additionally, the regulation would impose a fine up to $3,300 if any person is caught "smoking" on an airplane.
Consumer Advocates for Smoke-Free Alternatives Association (CASAA) has provided a list of statements and helpful tips that will assist you in making an opposing statement.
Use your full name, rather than post anonymously or using a screen name.
You may leave some fields blank. It is not necessary to include Submitter's Representative, Government Agency Type, or Government Agency, since you are submitting on behalf of yourself.
We believe that the Government tends to give greater weight to comments where the submitter supplied more complete information. However, if you have privacy concerns and wish to withhold some personal information such as your street address, that is your prerogative.
Write out your comment ahead of time to make sure that spelling and grammar are correct, then copy and past the text into the Comment field in the form.
What to say:
- Respectfully request that the Department of Transportation withdraw the proposed amendment to 14 CFR Part 252 that would prohibit use of electronic cigarettes (e-cigarettes) on aircraft.
- The law ''Prohibitions Against Smoking on Scheduled Flights'' 49 U.S.C. 41706 does not authorize DOT to ban use of electronic cigarettes.
- The law states, "An individual may not smoke in an aircraft."
- E-cigarettes produce vapor, not smoke.
- Therefore Section 41706 does not apply to using e-cigarettes.
- E-cigarettes do not contain harmful ingredients
- The U.S. Food and Drug Administration's tests did not find any harmful chemicals in the vapor. http://www.fda.gov/downloads/Drugs/ScienceResearch/UCM173250.pdf
- Dr. Murray Laugesen of Health New Zealand conducted studies in 2008 and declared the vapor "harmless, inhaled or exhaled."
- Drs. Zachary Cohen and Michael Siegel reviewed 16 toxicology studies of e-cigarette liquid and vapor and concluded, "a preponderance of the available evidence shows them to be much safer than tobacco cigarettes and comparable in toxicity to conventional nicotine replacement products. http://www.hsph.harvard.edu/centers-institutes/population-development/files/article.jphp.pdf
- E-cigarettes do not harm bystanders
- Since those who inhale the vapor directly are reporting their health has improved, it defies belief that the residual vapor they exhale could possibly harm bystanders.
- Commercial artificial smoke generators used in aviation emergency training produce cannot be compared to exhaled e-cigarette vapor.
- They produce a continuous, thick, dense smoke, but e-cigarette vapor is thin and dissipates quickly. http://www.bullexsafety.com/smoke_generator.aspx?gclid=CNiayLrFhKwCFYSK4AodKlMl9Q
- Liquids used in commercial smoke generators include a mixture of glycols that may be irritating to eyes airways, while e-cigarettes use USP grade propylene glycol and/or vegetable glycerin.
- DOT has failed to produce any evidence that users of e-cigarettes or bystanders have been harmed; therefore 49 U.S.C. 41702 does not apply to the use of e-cigarettes.
- A fine of up to $3,300 for using an e-cigarette is excessive and unwarranted because
- Vapor is not smoke
- The 8th Amendment to the U.S. Government prohibits the government from imposing excessive bail, excessive fines, or cruel or unusual punishments.
- Close your comment by repeating the request for DOT to withdraw the proposed amendment to 14 CFR Part 252.
Again, we encourage you to reach out and provide a statement to this proposed amendment that could ban electronic cigarettes from aircraft. The button to include a comment is on the right side of the page.
Thank you,
The Safe Cig Team
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4 Responses to Your Comments are Requested: Proposed Amendment Banning eCigs
This article, and in fact the DOT's position on this is a day late and a dollar short. The use of eCigs onboard an aircraft is already prohibited by the FAA under FAR part 91.21(b)(5) where the used of approved electronic devices is concerned. While the FAA does not specifically call out electronic cigarettes, section (5) gives the individual air carrier the final authority to determine what devices are allowable beyond the FAA part 91.21 rule.
Most air carriers already banned them to prevent complaints from passengers who didn't understand what an e-cig is. Not to take the wind out of your sails... But this is done and over. The DOT can, and probably will, layer their own rule on top of it. But the FAA trumps DOT when it comes to aircraft safety.
Sorry guys. And I'm an e-cig user. (as well as a pilot).
Posted on November 3, 2011 at 4:52 pm
Thank you for that information, Eric. It is important that we have full understanding and scope over the situation as a whole.
Posted on November 4, 2011 at 2:12 pm
Eric, airliners cannot give you a $2,300 fine for vaping. They can tell you "Sir, turn that off, Delta does not allow electronic cigarettes." If you turn it off, you walk off the plane without a problem. If you refuse, you can be charged under the Patriot Act for disobeying a flight attendant.
If this regulation is enacted, one puff on your electronic cigarette would be enough to have you removed from the flight and fined $2,300. That's the problem.
Posted on November 5, 2011 at 1:51 am
Thank you for further explanation, Troy!
Posted on November 5, 2011 at 4:21 am
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