[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Rules and Regulations]
[Pages 7444-7448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3736]


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DEPARTMENT OF TRANSPORTATION

Transportation Security Administration

49 CFR Part 1540


Prohibited Items

AGENCY: Transportation Security Administration (TSA), DOT.

ACTION: Interpretive rule.

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SUMMARY: This interpretive rule provides guidance to the public on the 
types of property Transportation Security Administration (TSA) 
considers to be weapons, explosives, and incendiaries prohibited in 
airport sterile areas and in the cabins of aircraft under the TSA 
regulations. This interpretation also provides guidance on the types of 
items permitted in sterile areas, the cabins of passenger aircraft, and 
in passengers' checked baggage.

EFFECTIVE DATE: February 14, 2003.

FOR FURTHER INFORMATION CONTACT: For technical questions contact Vicky 
Skelly, Aviation Security Specialist, Air Carrier Division, Office of 
Aviation Security Policy, TSA-9, Transportation Security 
Administration, 400 Seventh Street, SW., Washington, DC 20590; 
telephone (571) 227-2641, e-mail [email protected]. Legal 
questions may be directed to Ellen Siegler, Attorney, TSA-2, Chief 
Counsel; telephone (571) 227-2723, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Availability of Documents

    You can obtain an electronic copy of this interpretive rule and 
other TSA rulemaking documents using the Internet by:
    (1) Accessing the Government Printing Office's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html; or
    (3) Visiting the TSA's Laws and Regulations 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.

Statutory and Regulatory Background

    Following the terrorist attacks on the United States on September 
11, 2001, Congress passed the Aviation and Transportation Security Act 
(ATSA) on November 19, 2001 (49 U.S.C. 40101 et seq.), establishing 
TSA. TSA is an agency within the Department of Transportation (DOT), 
operating under the direction of the Under Secretary of Transportation 
for Security. TSA is responsible for security in all modes of 
transportation regulated by DOT, including civil aviation. See 49 
U.S.C. 114(d). Accordingly, ATSA transferred the responsibility for 
civil aviation security from the Federal Aviation Administration (FAA) 
to the TSA.
    On February 22, 2002, TSA published a final rule transferring the 
bulk of FAA's aviation security regulations to TSA. See 67 FR 8340. 
Among these was FAA's regulation governing the carriage of weapons, 
explosives, and incendiaries by individuals into sterile areas and into 
the cabins of passenger aircraft for which screening is conducted. This 
regulation now is codified at Sec.  1540.111 of Title 49 of the Code of 
Federal Regulations (CFR). See 67 FR 8340 at 8354. See also 67 FR 41635 
at 41639 (June 19, 2002).
    Section 1540.111 Carriage of Weapons, Explosives, and Incendiaries 
by Individuals. The rule provides, in part, that 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 (TSA's 
regulations on acceptance and screening of individuals and accessible 
property);
    (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.''
    Section 1540.111(b) establishes certain exceptions to this rule for 
law enforcement officers and other persons authorized to carry weapons. 
These exceptions, however, do not apply to the general public.
    For purposes of Sec.  1540.111(a), ``accessible property'' is 
property that is accessible to the individual at the screening 
checkpoint, in the sterile area, or in the cabin of the aircraft. It 
includes carry-on baggage and property an individual carries on his or 
her person. A ``sterile area'' is a portion of an airport that provides 
passengers access to boarding aircraft and to which the access is 
generally controlled through the screening or persons and property. See 
49 CFR 1540.5.
    Penalties for Prohibited Items. Individuals who carry weapons, 
explosives, or incendiaries into a sterile area or the cabin of a 
passenger aircraft are subject to civil and criminal penalties. See, 
for instance, 49 U.S.C. 46301 and 46314. These penalties also apply to 
individuals who place loaded firearms in checked baggage. See also 49 
U.S.C. 46505.
    Today's Interpretative Rule. This interpretation provides guidance 
to the public as to the types of property TSA considers to be 
``weapons, explosives, and incendiaries'' that, if carried by an 
individual not authorized to carry such items, are prohibited in 
sterile areas and in the cabins of aircraft under 49 CFR 1540.111(a). 
TSA refers to these items collectively as prohibited items because they 
are prohibited from these areas. There are many items that are not 
created for use as weapons, explosives, or incendiaries, but may be 
used as such items. Today's regulatory interpretation includes examples 
of these so-called ``dual use items,'' which also are prohibited. 
Congress specifically directed TSA to identify dual use items for 
purposes of passenger screening. See 49 U.S.C. 44935(h)(3).
    This interpretation also provides guidance on items that are 
permitted in a sterile area and in the cabin of a passenger aircraft 
even though they may appear to fall into the broad categories of items 
on the prohibited items list. These items generally are personal care, 
medical, and assistive items, examples of which are set forth below. In

[[Page 7445]]

addition, certain prohibited items may be transported in checked 
baggage with appropriate safeguards.
    It should be noted that TSA previously placed lists of prohibited 
and permitted items on its web site at http://www.tsa.gov/trav_consumers/trav_consumers_tip_week.shtm. Today's interpretive rule 
makes some changes in these lists, and the lists on TSA's web site will 
be updated to reflect this interpretation.
    Neither the prohibited items list nor the permitted items list in 
today's regulatory interpretation contains all possible items. There 
are items not included on the prohibited items list that may be 
prohibited in an airport's sterile area and the cabin of an aircraft. 
Screeners have discretion to prohibit an individual from carrying an 
item into a sterile area or onboard an aircraft if the screener 
determines that the item is a weapon, explosive, or incendiary, 
regardless of whether the item is on the prohibited items list. 
Moreover, if future information or events demonstrate the need to 
prohibit items that this interpretive rule has listed as permitted, TSA 
may prohibit individuals from bringing these items into the sterile 
area or onboard the aircraft, without first publishing a change to this 
rule. This is consistent with Congress's direction that screeners be 
proficient in recognizing new threats and weapons. See, 40 U.S.C. 
44935(h)(1).

Prohibited Items

    The prohibited items list includes items in the following 
categories: Weapons (guns, sharp objects, club-like objects), 
explosives, and other dangerous items such as incendiary materials and 
disabling chemicals. The list contains examples of items in these 
categories, but it is not an exclusive list.
    Weapons. Weapons are objects that may be used to attack another. 
TSA considers an item to be a weapon under 49 CFR 1540.111 if it is 
created for use as a weapon or is so similar to an item created as a 
weapon that it appears to be, or is easily used as, a weapon.
    Weapons include firearms, as well as realistic replicas of firearms 
that may reasonably be thought to be actual weapons. Such realistic 
replicas are prohibited because their similarity in appearance to real 
weapons may allow them to be used to intimidate passengers and flight 
crew. The screener has the discretion to determine when a replica is so 
realistic that it should be prohibited. Other toy weapons will be 
allowed in the sterile areas and cabin.
    Partial weapons and parts of weapons also are prohibited because 
they may be carried separately by collaborators for assembly subsequent 
to entry or boarding. In addition, partial weapons may appear to be 
operative and could be used to intimidate passengers and flight crew.
    Weapons also include sharp objects that could be effective in 
intimidating or harming passengers or crew. These include knives; 
devices or instruments with razor blades, such as box cutters, utility 
knives with razor blades, and razor blades that are not components of 
safety razors; and metal scissors with pointed tips. Also included in 
this category are sharp or pointed tools and utensils such as 
screwdrivers, drills, and axes. Screwdrivers that are components of 
eyeglass repair kits, however, will be allowed in sterile areas and in 
the cabin.
    The prohibited items list also includes as weapons many club-like 
items, whether made for use as weapons or made for other purposes but 
capable of being used as weapons. Examples include items such as billy 
clubs and night sticks, as well as items of sporting equipment, such as 
baseball bats, hockey sticks, lacrosse sticks, and tools such as 
crowbars and hammers.
    Explosives. Explosives are substances that explode or cause an 
explosion. While many explosives may have commercial uses, they clearly 
could be used to damage an aircraft or against passengers and flight 
crew members. Examples include dynamite, plastic explosives, blasting 
caps, fireworks, flares, gunpowder, hand grenades, and ammunition for 
firearms. Realistic replicas of explosive devices are prohibited for 
the same reasons that realistic weapons are prohibited: They can be 
effective in intimidating crew and passengers.
    Incendiaries. Incendiaries are devices or materials capable of 
causing a fire as well as realistic replicas of these devices Examples 
include gasoline and other fuels, gas torches (including micro-torches 
and torch lighters), and strike-anywhere matches. Incendiaries also 
include aerosol cans containing flammable liquids. Although many 
personal care and toiletry items may come in the form of aerosol cans 
containing flammable contents, the prohibited items list specifically 
excludes these items when carried in limited quantities into a sterile 
area and the cabin of a passenger aircraft. Under these conditions, the 
materials pose little risk.
    Disabling Chemicals and Other Dangerous Items. Another category of 
weapons is disabling chemicals and other dangerous items. These include 
items that are intended for this purpose, such as tear gas, pepper 
spray, and mace, as well as household chemicals that may be used for 
this purpose, such as liquid bleach, chlorine for pools and spas, 
compressed gas cylinders, and batteries that may spill acid.

Separate Rules Governing Hazardous Materials

    The prohibited items list contains a number of substances that 
constitute hazardous materials under separate DOT regulations for 
hazardous materials. See 49 CFR parts 172, 173, and 175. Individuals 
carrying hazardous materials on their person or in checked or carry-on 
baggage are subject to the hazardous materials requirements, which 
prohibit many types of hazardous materials from being carried aboard 
aircraft or permit their transport only with proper markings, labels, 
and packaging. Part 175 contains a list of passenger exceptions that 
permit passengers to bring into the cabin of a passenger aircraft some 
personal use items, such as toiletries, medicinal products, and limited 
quantities of certain matches and lighters for individual use, even 
though they otherwise constitute hazardous materials. Individuals with 
questions about the types and quantities of hazardous materials 
prohibited aboard passenger flights should contact the Hazardous 
Materials Information Center at 1-800-467-4922 or go to http://hazmat.dot.gov/infocent.htm.

Transport of Some Prohibited Items in Checked Baggage

    Some items prohibited from sterile areas and aboard the cabin of 
passenger aircraft may be transported in checked baggage, under the 
following conditions. Passengers may place prohibited items other than 
explosives, incendiaries, and loaded firearms in their checked baggage, 
subject to any limitations provided in DOT's hazardous materials 
regulations. See 49 CFR part 175. Prohibited items that may be 
transported in checked baggage include unloaded firearms or starter 
pistols, small arms ammunition for personal use, club-like items, 
single containers of self-defense spray, and other articles listed in 
the interpretive rule. Realistic replicas of explosive and incendiary 
devices may not be transported in checked baggage because their 
detection would have the potential for causing delays and requiring the 
unwarranted expenditure of time and resources on the part of law 
enforcement personnel.

Permitted Items

    Some items are permitted in a sterile area and the cabin of a 
passenger aircraft even though they may appear to fall into

[[Page 7446]]

the broad categories of items on the prohibited items list. These items 
generally are personal care, medical, and assistive items, and other 
items that appear to pose little risk or for which there is a 
compelling reason to allow their presence. For instance, many personal 
care items such as perfume and hair spray may contain incendiaries. In 
small amounts, however, they do not pose a risk to security. Other 
items, such as syringes included in diabetes-related equipment, and 
nitroglycerine pills or spray for medical purposes, conceivably could 
be used as weapons, but are permitted as a medical necessity for 
passengers with a legitimate need. Screwdrivers and other tools in 
eyeglass repair kits are also permitted, as are tools used in 
connection with prosthetic devices. Consistent with Department of 
Transportation regulations for hazardous materials, passengers also are 
permitted to carry no more than four books of matches (other than 
strike-anywhere matches) and no more than two lighters for individual 
use, if the lighters are fueled with non-refillable liquefied gas (Bic-
type) or absorbed liquid (Zippo-type).

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.
    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) Lighters (maximum of two, fueled with non-refillable liquefied 
gas (Bic-type) or absorbed liquid (Zippo-type).
    (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).

[[Page 7447]]

    III. Items Prohibited in Sterile and Cabin Areas but that May Be 
Placed in Checked Baggage. Passengers may place prohibited items other 
than explosives, incendiaries, disabling chemicals and other dangerous 
items (other than individual self-defense sprays as noted below), and 
loaded firearms in their checked baggage, subject to any limitations 
provided in DOT's hazardous materials regulation. 49 CFR part 175.
    (1) Pepper spray or mace. A passenger may have one self-defense 
spray, not exceeding 4 fluid ounces by volume, that incorporates a 
positive means to prevent accidental discharge. See 49 CFR 
175.10(a)(4)(ii).
    (2) Small arms ammunition. A passenger may place small arms 
ammunition for personal use in checked baggage, but only if securely 
packed in fiber, wood or metal boxes, or other packaging specifically 
designed to carry small amounts of ammunition. 49 CFR 175.10(a)(5).
    (3) Unloaded firearms. A passenger may place an unloaded firearm or 
starter pistol in a checked bag if the passenger declares to the 
airline operator, either orally or in writing, before checking the 
baggage, that the passenger has a firearm in his or her bag and that it 
is unloaded; the firearm is carried in a hard-sided container; and the 
container is locked, and only the passenger has the key or combination. 
49 CFR 1540.111(c).
    (4) Club-like items. A passenger also may transport club-like 
objects and sharp objects in checked baggage, as long as they do not 
contain explosives or incendiaries.
    (5) Self-defense spray. A passenger may have one self-defense spray 
(pepper spray or mace) not exceeding four fluid ounces in a checked bag 
if the spray container has a positive means to prevent accidental 
discharge. See 49 CFR 175.10(a)(4)(ii).
    (6) Other items. Compressed air guns, fire extinguishers, flare 
pistols, and gun lighters are regulated as hazardous materials and may 
only be transported in checked baggage under strict limitations in 
quantity and packaging. 49 CFR part 175.
    IV. Lists are not Exclusive. Neither the prohibited items list nor 
the permitted items list contains all possible items. A screener has 
discretion to prohibit an individual from carrying an item into a 
sterile area or onboard an aircraft if the screener determines that the 
item is a weapon, explosive, or incendiary, regardless of whether the 
item is on the prohibited items list or the permitted items list. For 
example, if a cigar cutter or other article on the permitted list 
appears unusually dangerous, the screener may refuse to allow it in 
sterile areas. Similarly, screeners may allow individuals to bring 
items into the sterile area that are not on the permitted items list. 
In addition, items may be prohibited from the cabin of an aircraft, or 
allowed in only limited quantities, by Department of Transportation 
regulations governing hazardous materials. Individuals with questions 
about the carriage of hazardous materials on passenger aircraft may 
call the Hazardous Materials Information Center at 1-800-467-4922 for 
more information.

Regulatory Impact Analyses

Regulatory Evaluation

    This is not a substantive rule. Rather, it explains to the public, 
airport personnel, screeners, and airlines how the TSA interprets 
certain terms used in an existing rule, 49 CFR 1540.111. Generally, an 
interpretive rule is not likely to impose an economic impact distinct 
from the impact of the underlying rule. This interpretive rule does not 
expand the universe of items that passengers will not be allowed to 
bring into sterile areas or on board aircraft beyond the types of items 
that currently are considered prohibited weapons, explosives, and 
incendiaries under the underlying rule.
    The resulting economic impact of this rule is non-significant. 
Passengers and other persons with items that may not be brought into 
sterile areas have several options, some of which include transporting 
the prohibited item in checked baggage, mailing it to a destination, or 
returning it to their car. These persons can also choose to voluntarily 
abandon the property in TSA-provided receptacles, at which point title 
of the property transfers to the Government. The rule does not affect 
manufacturers' or distributors' ability to sell items that may not be 
brought into sterile areas or passengers' ability to purchase them 
(prohibited items sold in sterile areas must be shipped to the 
purchaser).
    While little or no adverse economic impact is expected, some 
unquantifiable economic benefit may result from the fact that this 
interpretive rule will expedite the screening process at the nation's 
airports by assisting passengers in deciding how to handle specified 
items before passengers reach the checkpoint.
    Based on this analysis, this interpretative rule is not considered 
a ``significant regulatory action'' for purposes of Executive Order 
12866.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980, as amended, (RFA) was 
enacted by Congress to ensure that small entities (small businesses, 
small not-for-profit organizations, and small governmental 
jurisdictions) are not unnecessarily or disproportionately burdened by 
Federal regulations. The RFA requires agencies to review rules to 
determine if they have ``a significant economic impact on a substantial 
number of small entities.'' 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.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety and security, 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 Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, is intended to discourage imposing 
unfunded Federal mandates on State, local, and tribal governments. 
Title II of the Act requires each Federal agency to prepare a written 
statement that assesses the effect of any Federal mandate found in a 
rulemaking action that may result in an expenditure of $100 million or 
more (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 identified as a ``significant regulatory action.'' 
The interpretive rule does not impose an unfunded mandate on state, 
local, or tribal governments because it does not require any action on 
the part of those entities.

Executive Order 13132, Federalism

    TSA has examined this rule under the principles and criteria of 
Executive Order 13132, Federalism. TSA has determined that this action 
will not have a substantial direct effect on the States, or the 
relationship between the national government and the States, or

[[Page 7448]]

the distribution of power and responsibilities among the various levels 
of government. Therefore, this interpretative rule does not have 
federalism implications.

Environmental Analysis

    TSA has reviewed this action for purposes of the National 
Environmental Review 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 rule has been assessed in accordance with 
the Energy Policy and Conservation Act (EPCA), Public Law 94-163, as 
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined 
that this rule is not a major regulatory action under the provisions of 
the EPCA.

    Issued in Washington, DC, February 10, 2003.
James M. Loy,
Under Secretary of Transportation for Security.
[FR Doc. 03-3736 Filed 2-13-03; 8:45 am]
BILLING CODE 4910-62-P