[Federal Register: March 1, 2005 (Volume 70, Number 39)]
[Rules and Regulations]
[Page 9877-9879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr05-11]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1540
RIN 1652-ZA04
Prohibited Items
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Interpretive rule.
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SUMMARY: This document amends the Transportation Security
Administration's (TSA) interpretive rule that provides guidance to the
public on the types of property that TSA considers weapons, explosives,
and incendiaries prohibited in airport sterile areas, in the cabin of
aircraft, or in passengers' checked baggage. This document adds all
lighters to the list of prohibited items.
DATES: Effective Date: March 1, 2005.
FOR FURTHER INFORMATION CONTACT: Clint Fisher, TSA-9, Transportation
Security Policy, Transportation Security Administration, 601 South 12th
Street, Arlington, VA 22202-4220; telephone (571) 227-2621.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Availability of Rulemaking Document
You can get an electronic copy using the Internet by--
(1) Searching the Department of Transportation's (DOT's) electronic
Docket Management System (DMS) Web page (http://dms.dot.gov/search); (2) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
; or
(3) Visiting TSA's Law and Policy Web page at http://www.tsa.dot.gov/public/index.jsp
.
In addition, copies are available by writing or calling the
individual in the FOR FURTHER INFORMATION CONTACT section, above. Make
sure to identify the docket number of this rulemaking.
Statutory and Regulatory Background
TSA is an agency in the Department of Homeland Security (DHS),
operating under the direction of the Assistant Secretary for Homeland
Security (Transportation Security Administration). TSA is responsible
for security in all modes of transportation, including aviation. See 49
U.S.C. 114(d). Under TSA's regulation on acceptance and screening of
individuals and accessible property, 49 CFR 1540.111, an individual
(other than a law enforcement or other authorized individual)--
* * * may not have a weapon, explosive, or incendiary, on or about
the individual's person or accessible property--
(1) When performance has begun of the inspection of the
individual's person or accessible property before entering a sterile
area, or before boarding an aircraft for which screening is
conducted under Sec. 1544.201 or Sec. 1546.201 of this chapter;
(2) When the individual is entering or in a sterile area; or
(3) When the individual is attempting to board or onboard an
aircraft for which screening is conducted under Sec. 1544.201 or
Sec. 1546.201 of this chapter.''
On February 14, 2003, TSA published an interpretive rule that
provided guidance to the public on the types of property TSA considers
to be weapons, explosives, and incendiaries prohibited on an
individual's person or accessible property, items permitted on an
individual's person or accessible property, and items prohibited in
checked baggage (68 FR 7444). On March 3, 2003, TSA subsequently
published technical corrections to the interpretive rule at 68 FR 9902.
On December 17, 2004, the President signed into law the
Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) (Pub.
L. 108-458). Section 4025 of IRTPA requires TSA, no later than 60 days
after enactment, to add butane lighters to the prohibited items list
and to make any other modifications that TSA considers appropriate. TSA
has reviewed the prohibited items list and is now making a change to
the list. This document amends TSA's interpretive rule to reflect this
change, which is discussed below.
Prohibited Items List Change: All Lighters Prohibited
Pursuant to the February 14, 2003 interpretive rule, TSA limited
the types and quantities of lighters that persons are permitted to
bring on board the cabin of an aircraft to reflect limits in DOT's
regulations (see, e.g., 49 CFR 175.10(a)(10)) and related
interpretations governing the transport of hazardous materials on
aircraft. Specifically, TSA allowed persons to board an aircraft with
no more than two lighters per person, as long as the lighters were
fueled with either liquefied gas (Bic[reg]- or Colibri[reg]-type) or
absorbed liquid (Zippo[reg]-type). Under the DOT hazardous materials
regulation all other types of lighters are prohibited in the aircraft
cabin. See 49 CFR 175.10(a)(10). Further, all lighters, including those
fueled with liquefied gas or absorbed liquid, are prohibited from
carriage in checked baggage.
Most liquefied gas lighters, which in the past have been permitted
in the aircraft cabin, are butane lighters. Thus, the effect of Section
4025 of IRTPA is to require the prohibition of most liquefied gas
lighters from the cabin of an aircraft. In light of this change, TSA
has reconsidered whether all lighters should be prohibited from the
cabin of an aircraft.
It is very difficult, and often impossible, for TSA security
screeners to distinguish between lighters that are fueled with butane
and lighters that are fueled by some other flammable gas or liquid.
Consequently, TSA is modifying the prohibited items list to include all
lighters, consistent with the provision in section 4025 that directs
TSA to make other modifications to the prohibited items list that it
deems appropriate. As a result, beginning on the effective date of this
rule, TSA is prohibiting passengers from carrying any type of lighter
on their person or in accessible property once screening has begun,
when in airport sterile areas, or onboard an aircraft for which
screening is conducted. In addition, lighters remain prohibited from
carriage in passengers' checked baggage under DOT's hazardous materials
regulation.
Separately, TSA is considering adding all matches to the prohibited
items list. Consistent with DOT's regulation governing the transport of
hazardous materials, TSA presently limits the type and quantity of
matches passengers may bring on board an aircraft. Specifically,
passengers now may carry up to four books of strike-on-cover matches on
their person or in accessible property. Under the DOT regulation, all
matches are prohibited from carriage in checked baggage. Before
modifying the interpretive rule with respect to matches carried on
one's person or in accessible property, TSA will publish a notice in
the Federal Register requesting public comment on such a change. If TSA
determines that prohibiting the carriage
[[Page 9878]]
of matches on one's person or in accessible property is warranted, the
agency will publish a notice in the Federal Register effecting a
further modification to its interpretive rule.
Effective Date and Enforcement Discretion
This interpretive rule is effective on March 1, 2005. TSA
understands, however, that the addition of lighters to the prohibited
items list constitutes a significant change in policy and will exercise
its inherent enforcement discretion accordingly during the first 45
days after the effective date.
Amendments to Interpretation
For purposes of reference to the prohibited items list published in
the Federal Register on February 14, 2003, and corrected on March 3,
2003, TSA makes the following changes:
1. Section I.E(9) is added to read ``All lighters.''
2. Section II.A(9) is amended to read ``RESERVED''.
The following is the list of prohibited items and permitted items
reprinted in its entirety, with the changes inserted.
Prohibited Items and Permitted Items Interpretation
I. Prohibited Items. For purposes of 49 U.S.C. 40101 et seq. and
49 CFR 1540.111, TSA interprets the terms ``weapons, explosives, and
incendiaries'' to include the items listed below. Accordingly,
passengers may not carry these items as accessible property or on
their person through passenger screening checkpoints or into airport
sterile areas and the cabins of a passenger aircraft.
A. Guns and Firearms
(1) BB guns.
(2) Compressed air guns.
(3) Firearms.
(4) Flare pistols.
(5) Gun lighters.
(6) Parts of guns and firearms.
(7) Pellet guns.
(8) Realistic replicas of firearms.
(9) Spear guns.
(10) Starter pistols.
(11) Stun guns/cattle prods/shocking devices.
B. Sharp Objects
(1) Axes and hatchets.
(2) Bows and arrows.
(3) Drills, including cordless portable power drills.
(4) Ice axes/Ice picks.
(5) Knives of any length, except rounded-blade butter and
plastic cutlery.
(6) Meat cleavers.
(7) Razor-type blades, such as box cutters, utility knives, and
razor blades not in a cartridge, but excluding safety razors.
(8) Sabers.
(9) Saws, including cordless portable power saws.
(10) Scissors, metal with pointed tips.
(11) Screwdrivers (except those in eyeglass repair kits).
(12) Swords.
(13) Throwing stars (martial arts).
C. Club-Like Items
(1) Baseball bats.
(2) Billy clubs.
(3) Blackjacks.
(4) Brass knuckles.
(5) Cricket bats.
(6) Crowbars.
(7) Golf clubs.
(8) Hammers.
(9) Hockey sticks.
(10) Lacrosse sticks.
(11) Martial arts weapons, including nunchucks, and kubatons.
(12) Night sticks.
(13) Pool cues.
(14) Ski poles.
(15) Tools including, but not limited to, wrenches and pliers.
D. All Explosives, Including
(1) Ammunition.
(2) Blasting caps.
(3) Dynamite.
(4) Fireworks.
(5) Flares in any form.
(6) Gunpowder.
(7) Hand grenades.
(8) Plastic explosives.
(9) Realistic replicas of explosives.
E. Incendiaries
(1) Aerosol, any, except for personal care or toiletries in
limited quantities.
(2) Fuels, including cooking fuels and any flammable liquid
fuel.
(3) Gasoline.
(4) Gas torches, including micro-torches and torch lighters.
(5) Lighter fluid.
(6) Strike-anywhere matches.
(7) Turpentine and paint thinner.
(8) Realistic replicas of incendiaries.
(9) All lighters.
F. Disabling Chemicals and Other Dangerous Items
(1) Chlorine for pools and spas.
(2) Compressed gas cylinders (including fire extinguishers).
(3) Liquid bleach.
(4) Mace.
(5) Pepper spray.
(6) Spillable batteries, except those in wheelchairs.
(7) Spray Paint.
(8) Tear gas.
II. Permitted Items. For purposes of 49 U.S.C. 40101 et seq. and
49 CFR 1540.111, TSA does not consider the items on the following
lists as weapons, explosives, and incendiaries because of medical
necessity or because they appear to pose little risk if, as is
required, they have passed through screening. Therefore, passengers
may carry these items as accessible property or on their person
through passenger screening checkpoints and into airport sterile
areas and the cabins of passenger aircraft.
A. Medical and Personal Items
(1) Braille note taker, slate and stylus, and augmentation
devices.
(2) Cigar cutters.
(3) Corkscrews.
(4) Cuticle cutters.
(5) Diabetes-related supplies/equipment (once inspected to
ensure prohibited items are not concealed), including: Insulin and
insulin loaded dispensing products; vials or box of individual
vials; jet injectors; pens; infusers; and preloaded syringes; and an
unlimited number of unused syringes, when accompanied by insulin;
lancets; blood glucose meters; blood glucose meter test strips;
insulin pumps; and insulin pump supplies. Insulin in any form or
dispenser must be properly marked with a professionally printed
label identifying the medication or manufacturer's name or
pharmaceutical label.
(6) Eyeglass repair tools, including screwdrivers.
(7) Eyelash curlers.
(8) Knives, round-bladed butter or plastic.
(9) Reserved.
(10) Matches (maximum of four books, strike on cover, book
type).
(11) Nail clippers.
(12) Nail files.
(13) Nitroglycerine pills or spray for medical use, if properly
marked with a professionally printed label identifying the
medication or manufacturer's name or pharmaceutical label.
(14) Personal care or toiletries with aerosols, in limited
quantities.
(15) Prosthetic device tools and appliances (including drill,
allen wrenches, pullsleeves) used to put on or remove prosthetic
devices, if carried by the individual with the prosthetic device or
his or her companion.
(16) Safety razors (including disposable razors).
(17) Scissors, plastic or metal with blunt tips.
(18) Tweezers.
(19) Umbrellas (once inspected to ensure prohibited items are
not concealed).
(20) Walking canes (once inspected to ensure prohibited items
are not concealed).
B. Toys, Hobby Items, and Other Items Posing Little Risk
(1) Knitting and crochet needles.
(2) Toy transformer robots.
(3) Toy weapons (if not realistic replicas).
Regulatory Impact Analyses
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866, Regulatory Planning and Review
(58 FR 51735, October 4, 1993), directs each Federal agency to propose
or adopt a regulation only upon a reasoned determination that the
benefits of the intended regulation justify its costs. Second, the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
requires agencies to analyze the economic impact of regulatory changes
on small entities.
[[Page 9879]]
Third, the Office of Management and Budget directs agencies to assess
the effect of regulatory changes on international trade. Fourth, the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires
agencies to prepare a written assessment of the costs, benefits, and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation.)
Executive Order 12866 Assessment
This rule explains to the public, airport personnel, screeners, and
airlines how TSA interprets certain terms used in an existing rule, 49
CFR 1540.111. This interpretative rule is not considered an
economically significant regulatory action for purposes of Executive
Order 12866. However, there has been significant public interest in
aviation security issues since the terrorist attacks of September 11,
2001. Therefore, this rule is significant for purposes of the Executive
Order and has been reviewed by the Office of Management and Budget
(OMB).
This rule modifies the prohibited items list to all lighters
consistent with Section 4025 of IRTPA. As a result, passengers will no
longer be able to carry any lighters onboard an aircraft for which
screening is conducted or into airport sterile areas. TSA notes that
this ban may cause inconvenience to some passengers. Passengers and
other persons carrying lighters who wish to enter an airport sterile
area have several options, some of which include leaving the lighter at
home, or returning it to their car. These persons can also choose to
abandon the lighter in TSA-provided receptacles, at which point title
of the property transfers to the Government.
While TSA acknowledges this added inconvenience, TSA believes that
the added security this change provides outweighs the inconvenience.
Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA) of 1980 requires that agencies
perform a review to determine whether a proposed or final rule will
have a significant economic impact on a substantial number of small
entities. If the determination is that it will, the agency must prepare
a regulatory flexibility analysis as described in the RFA. For purposes
of the RFA, small entities include small businesses, not-for-profit
organizations, and small governmental jurisdictions. Individuals and
States are not included in the definition of a small entity.
Based on the analysis discussed in the section above, this
interpretative rule does not impose a significant economic impact on a
substantial number of small entities. Therefore, a Regulatory
Flexibility Analysis is not required.
International Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. TSA has assessed the potential
effect of this interpretative rule and has determined that it will
impose the same costs on domestic and international entities and thus
has a neutral trade impact.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 is intended, among other
things, to curb the practice of imposing unfunded Federal mandates on
State, local, and tribal governments. Title II of the Act requires each
Federal agency to prepare a written statement assessing the effects of
any Federal mandate in a proposed or final agency rule that may result
in a $100 million or more expenditure (adjusted annually for inflation)
in any one year by State, local, and tribal governments, in the
aggregate, or by the private sector; such a mandate is deemed to be a
``significant regulatory action.''
This rulemaking does not contain such a mandate. The requirements
of Title II of the Act, therefore, do not apply and TSA has not
prepared a statement under the Act.
Executive Order 13132, Federalism
TSA has analyzed this interpretive rule under the principles and
criteria of Executive Order 13132, Federalism. We have determined that
this action will not have a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government, and therefore will not have federalism implications.
Environmental Analysis
TSA has reviewed this action for purposes of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has
determined that this action will not have a significant effect on the
human environment.
Energy Impact
The energy impact of this action has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA), Public Law 94-163,
as amended (42 U.S.C. 6362).
We have determined that this rulemaking is not a major regulatory
action under the provisions of the EPCA.
David M. Stone,
Assistant Secretary.
[FR Doc. 05-3977 Filed 2-25-05; 9:42 am]
BILLING CODE 4910-62-P