The U.S. DOT extended the on-board smoking ban to explicitly include electronic cigarettes (e-cigarettes) on all Part 121 air carriers, as well as FAR 135.107 unscheduled charters that require a flight attendant (aircraft with 19 or more passenger seats). The agency has always interpreted the existing smoking ban to prohibit e-cigarettes, but in 2011 issued an NPRM to codify this interpretation under DOT Part 252.
By the end of the comment period the DOT received some 700 total comments, of which 500 opposed the ban. Most argued that e-cigarettes are not smoked, but ‘‘vaped’’ (producing water vapor) and as such do not fall within the smoking statute. Others asserted that there have not been any reported health issues with respect to the devices.
Most commenters supporting the ban expressed the view that e-cigarette aerosol was “either already demonstrated to be harmful or should be banned unless it is proven to be safe.” Several commenters cited safety reasons as additional grounds for supporting the ban, such as potential fire concerns and hazards associated with the lithium batteries that power the devices. The rule becomes effective April 4.