[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Rules and Regulations]
[Pages 51679-51682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17392]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1540

RIN 1652-ZA05


Prohibited Items; Allowing Scissors for Ostomates

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 cabins of 
aircraft, or in passengers' checked baggage. This document also amends 
TSA's guidance on the types of items permitted in sterile areas, the 
cabins of aircraft, and in passengers' checked baggage. This document 
adds as permitted items certain small scissors that persons with 
ostomies need.

DATES: Effective August 29, 2005.

FOR FURTHER INFORMATION CONTACT: Sandra Cammoroto, Office of the Chief 
Operating Officer, TSA-18, Transportation Security Administration, 601 
South 12th Street, Arlington, VA 22202-4220; telephone (571) 227-1823.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    You can get an electronic copy using the Internet by--
    (1) Searching the Department of Transportation'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.access.gpo.gov/su_docs/aces/aces140.html; or
    (3) Visiting TSA's Law and Policy Web page at http://www.tsa.gov 
and accessing the link for ``Law and Policy'' at the top of the page.
    In addition, copies are available by writing or calling the 
individual in the FOR FURTHER INFORMATION CONTACT section. 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 in part requires TSA to add butane 
lighters to its list of prohibited items and to make any other 
modifications to the prohibited items list that TSA considers 
appropriate. Accordingly, on March 1, 2005, TSA published an amendment 
to the interpretive rule (70 FR 9877) adding all lighters to the list 
of prohibited items. TSA now is modifying the interpretive rule to 
provide an exception for certain scissors used by ostomates.

Small Ostomy Scissors Are Now Permitted

    Under the interpretive rule, TSA presently considers all metal 
scissors with pointed tips to be weapons. Therefore, individuals are 
prohibited from carrying these types of scissors in an airport sterile 
area or in the cabin of an aircraft. Metal scissors with blunt tips and 
plastic scissors are permitted.
    TSA is modifying the interpretive rule to exempt from the 
prohibited items list ostomy scissors. An ostomate is a person who has 
undergone a surgical procedure known as ostomy, which involves creating 
an opening in the person's abdomen. The opening is called a stoma. 
Human waste passes through the stoma into a collection pouch. An ostomy 
appliance consists of a positioning plate (or wafer or flange) that 
attaches to the collection pouch surrounding the stoma. Because no two 
stomas are alike, few ostomates can use manufactured pre-cut wafers. 
The ostomate, by using a chart provided with the collection pouch, must 
use pointed scissors to cut out the appropriate size of the cut-to-fit 
positioning plate. Round or dull scissors will not easily penetrate or 
cut through the positioning plate's heavy rubber or neoprene material. 
The adhesive backing that attaches the plate to the skin around the 
stoma increases the solidity of the material.
    The collection pouch must be changed, and the stoma cleaned, each 
time the pouch fills up. The schedule

[[Page 51680]]

for changing collection pouches varies for each person, from every 3 to 
24 hours. If the collection pouch is not emptied when it fills, and the 
stoma cleaned thoroughly and timely, the accumulation of waste can lead 
to infection.
    There are estimated to be 750,000 ostomates in the United States. 
While there are no statistics on the number of ostomates who use air 
transportation, it is likely that a large proportion of these 
individuals currently are unable to travel by air because they cannot 
carry scissors needed to care for their condition. TSA has heard from 
individuals with ostomies that they avoid air travel in part because 
they cannot have the scissors they need.
    Allowing this limited exception to TSA's prohibition on metal 
pointed scissors removes a significant barrier to ostomates traveling 
by air without weakening aviation security. There have been a number of 
enhancements to civil aviation security since TSA first assumed 
responsibility for security screening. These improvements include 
improved screening procedures and equipment as well as better and more 
thorough training for security screeners. As mandated by the Federal 
Aviation Administration, domestic and foreign air carriers serving the 
United States have installed hardened cockpit doors on aircraft in 
order to protect and secure the flight deck. The Bureau of Immigration 
and Customs Enforcement has greatly increased the deployment of Federal 
Air Marshals to detect, deter, and defeat hostile acts onboard flights. 
Under the Federal Flight Deck Officer Program (FFDO) there are an 
increasing number of volunteer pilots who are trained and equipped to 
defend the flight decks of passenger aircraft against acts of criminal 
violence and air piracy. Based on these and other improvements to civil 
aviation security, TSA has determined that measures are in place to 
mitigate any threat posed by the limited number of scissors that may be 
carried aboard aircraft by ostomates.
    This action is consistent with other exceptions TSA has created to 
address medical needs in other situations, such as the exception for 
syringes, jet injectors, lancets, and needles used by individuals in 
the treatment of diabetes. In recognition of the special needs of 
ostomates and in light of the additional security measures now in 
place, TSA is creating an exception to the prohibition against carrying 
metal pointed scissors. In general, metal scissors with pointed tips 
will continue to be prohibited. However, TSA will no longer prohibit 
ostomy scissors with pointed tips with an overall length, including 
blades and handle, of four inches or less, when accompanied by an 
ostomate supply kit containing related supplies, such as collection 
pouches, wafers, positioning plates, tubing, or adhesives.

Other Technical Changes

    TSA also is making three technical changes to the interpretive 
rule. First, we are removing section III.5 (now section III. E.), 
because it duplicates section III.1 (now section III A.). Second, we 
are amending section II.B(2), which makes clear that toy 
Transformer(TM) robots are permitted. The amendment broadens 
the current category to cover similar toys and adds a trademark 
designation. Finally, we are adjusting the format of section III in 
order to make it consistent with the other sections.

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. 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 Executive 
Order 12866 and has been reviewed by the Office of Management and 
Budget (OMB).

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.
    The RFA does not apply to this interpretive rule and TSA is not 
preparing an analysis for the Act, since under 5 U.S.C. 553, TSA is not 
required to publish a notice of proposed rulemaking. Nonetheless, 
because this rule will not impose any costs on the public, we have 
determined and certify that this rule does not have a significant 
economic impact on a substantial number of small entities.

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.

[[Page 51681]]

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.

Amendments to Interpretation

    TSA is making the following changes to the prohibited items list:
    1. Section I.B(10) is amended to read ``Scissors, metal with 
pointed tips, except ostomy scissors with pointed tips with an overall 
length, including blades and handle, of four inches or less, when 
accompanied by an ostomate supply kit containing related supplies, such 
as collection pouches, wafers, positioning plates, tubing, or 
adhesives.''
    2. Section II.A(17) is amended to read ``Scissors, plastic or metal 
with blunt tips; and ostomy scissors with pointed tips with an overall 
length, including blades and handle, of four inches or less, when 
accompanied by an ostomate supply kit containing related supplies, such 
as collection pouches, wafers, positioning plates, tubing, or 
adhesives.''
    3. Section II.B(2) is amended to read ``Toy Transformer[supreg] 
robots and the like.''
    4. Section III(5) (now section III E.) is amended to read 
``Reserved.''
    5. Sections III(1) through (5) are redesignated as Sections III.A. 
through E.

Text of Interpretive Rule

    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, except ostomy scissors with 
pointed tips with an overall length, including blades and handle, of 
four inches or less, when accompanied by an ostomate supply kit 
containing related supplies, such as collection pouches, wafers, 
positioning plates, tubing, or adhesives.
    (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;

[[Page 51682]]

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; and ostomy 
scissors with pointed tips with an overall length, including blades and 
handle, of four inches or less, when accompanied by an ostomate supply 
kit containing related supplies, such as collection pouches, wafers, 
positioning plates, tubing, or adhesives.
    (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(R) robots and the like.
    (3) Toy weapons (if not realistic replicas).
    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.
    A. 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).
    B. 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).
    C. 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).
    D. 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.
    E. [Reserved.]
    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.

    Issued in Arlington, Virginia, August 26, 2005.
Kip Hawley,
Assistant Secretary.
[FR Doc. 05-17392 Filed 8-29-05; 8:47 am]
BILLING CODE 4910-62-P