[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Rules and Regulations]
[Pages 72930-72934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23817]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1540

RIN 1652-ZA09


Prohibited Items; Allowing Small Scissors and Small Tools

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Interpretive rule.

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SUMMARY: To enable transportation security officers to concentrate on 
more effectively confronting the threat of concealed explosives being 
taken into the cabin of an aircraft, the Transportation Security 
Administration (TSA) is removing certain low threat, high volume, and 
easily identified items from the prohibited items list. This document 
amends the TSA interpretive rule that provides guidance to the public 
on the types of items that TSA considers to be weapons, explosives, and 
incendiaries, and which are therefore prohibited in airport sterile 
areas, in the cabins of aircraft, or in passengers' checked baggage. 
This document removes small scissors and certain small tools from the 
prohibited items list and adds them to the permitted items list.

DATES: Effective December 22, 2005.

FOR FURTHER INFORMATION CONTACT: John Randol, Security Operations, 
Transportation Security Administration, 601 South 12th Street, 
Arlington, VA 22202-4220; telephone (571) 227-1796.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    You can get an electronic copy using the Internet by--
    (1) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html; or
    (2) 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 responsible for security in all modes of transportation, 
including aviation. See 49 U.S.C. 114(d). TSA restricts what passengers 
may carry into the sterile areas of airports and into the cabins of air 
carrier aircraft. Under TSA's regulation for 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--
     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;
     When the individual is entering or in a sterile area; or
     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

[[Page 72931]]

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). TSA has amended the 
interpretive rule several times.\1\
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    \1\ 68 FR 9902 (technical corrections, March 3, 2003); 70 FR 
9877 (prohibiting lighters, March 1, 2005); 70 FR 51679 (permiting 
certain small scissors that persons with ostomies need, August 31, 
2005).
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    TSA now is modifying the interpretive rule to allow passengers to 
carry metal scissors with pointed tips and a cutting edge four inches 
or less, as measured from the fulcrum, through a passenger screening 
checkpoint and into the cabin of an aircraft. Metal scissors with 
pointed tips and a blade length greater than four inches will continue 
to be prohibited. TSA is also providing an exception for screwdrivers, 
wrenches, pliers, and other tools seven inches or less in length. 
However, all tools greater than seven inches in length, as well as all 
crowbars, drills, hammers and saws, will continue to be prohibited.
    In the four years since the terrorist attacks of September 11, 
2001, a broad range of interconnected security measures have been 
established that, in combination, now provide more effective security 
against threats directed at seizing control of aircraft. These 
interconnected security measures include the introduction of hardened 
cockpit doors on commercial aircraft, the increased presence of Federal 
Air Marshals (FAM) onboard commercial flights, as well as a growing 
number of Federal Flight Deck Officers (FFDO).
    With these security measures presently in place, a disproportionate 
amount of TSA's limited screening resources are directed each day at 
objects that no longer pose a significant threat. Amending the 
prohibited items list to allow certain low threat, high volume, and 
easily identified items, such as small scissors and tools, through the 
checkpoint will free up time and resources to allow TSA to implement 
screening procedures that are better targeted for identifying 
explosives concealed on individuals and in their accessible property, 
which pose a higher threat to the security of air transportation and 
air commerce. TSA is making this modification to the interpretive rule 
in order to more effectively confront the threat of concealed 
explosives being successfully taken through a passenger screening 
checkpoint and into the cabin of an aircraft.

Small Scissors Are Now Permitted

    Under the interpretive rule, TSA has considered all metal scissors 
with pointed tips to be weapons, except ostomy scissors. Therefore, 
individuals were prohibited from carrying these types of scissors in an 
airport sterile area or in the cabin of an aircraft. Metal scissors 
with blunt tips, plastic scissors, and ostomy scissors remain 
permitted. The interpretive rule as modified in this document allows 
metal scissors with pointed tips and a cutting edge four inches or 
less, as measured from the fulcrum, through the passenger screening 
checkpoint and into the cabin of an aircraft.
    While it is possible for an individual or group of individuals to 
use small scissors as a weapon inside a commercial aircraft, the risk 
that scissors could be used to seize control of an aircraft is 
mitigated by the presence of hardened cockpit doors and FAMs, as well 
as a growing number of FFDOs. Current data shows that, excluding knives 
and box cutters, sharp objects make up 19 percent of the total number 
of prohibited items found at the passenger screening checkpoint. During 
the third and fourth quarters of fiscal year 2005, 1,762,571 sharp 
objects other than knives and box cutters were found at screening 
checkpoints. Based on information provided by transportation security 
officers and other screening experts in the field TSA has determined 
that scissors make up a large majority of the total number of the sharp 
objects found at passenger screening checkpoints. Moreover, most of 
these scissors are small with blades less than four inches in length as 
measured from the fulcrum.
    Under current policy, for each pair of scissors discovered by an x-
ray operator, a transportation security officer must perform a physical 
bag search to locate and remove them. Based on the high number of 
scissors found at passenger screening checkpoints nationwide, 
transportation security officers spend a very large amount of their 
time, attention, and resources focused on finding small scissors. 
Removing scissors with blades four inches or less in length from the 
prohibited items list will allow TSA to reallocate screening resources 
to more effectively search for items at the checkpoint that present a 
much greater threat, such as explosives.
    We believe transportation security officers will be able to easily 
and immediately adjust to this proposed change in the prohibited items 
list. Moreover, transportation security officers will continue to 
improve their performance in identifying scissors on the x-ray and 
avoid having to resort to labor intensive physical bag searches. This 
labor and resource savings will allow TSA to employ other security 
measures to confront the explosives threat more effectively.

Certain Small Tools Are Now Permitted

    Under the prohibited items list, TSA has effectively considered all 
tools to be weapons and prohibited passengers from carrying them into 
an airport sterile area and in the cabin of an aircraft. TSA 
specifically prohibited crowbars, drills,\2\ hammers, saws,\3\ 
screwdrivers (except those in eyeglass repair kits), and also had a 
catchall provision that prohibits all tools including, but not limited 
to, wrenches and pliers.
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    \2\ Including cordless portable power drills.
    \3\ Including cordless portable power saws.
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    We believe the threat of an individual or individuals seizing 
control of an aircraft using small tools is mitigated by the presence 
of hardened cockpit doors, FAMs, and FFDOs. This threat does not 
justify the enormous time and resource investment dedicated towards 
screening for these items. Transportation security officers found 
468,033 tools in the third and fourth quarters of fiscal year 2005. 
Thus, small tools represent a category of prohibited items that require 
transportation security officers to spend an amount of time and 
resources that is disproportionate to the threat presented by allowing 
them into an airport sterile area and in the cabin of an aircraft.
    Based on information provided by TSA screening experts in the field 
on actual prohibited items found, we believe that small screwdrivers, 
wrenches, and pliers make up a large majority of the total number of 
tools found. Based on this same information, we do not believe 
screeners are finding large numbers of crowbars, drills, hammers, and 
saws. Thus, there would be minimal transportation security officer 
time, attention, and resource gains associated with allowing these low 
volume tools through a passenger screening checkpoint and into the 
cabin of an aircraft.
    Drawing on its screening and security expertise, TSA has determined 
seven inches to be a practical and logical standard for allowing 
screwdrivers, wrenches, pliers, and certain other small tools through 
the passenger screening checkpoint. Not only will the seven inch 
standard capture a very large percentage of the total number of tools 
found, it will be easy for transportation security officers to make 
determinations regarding tools that no longer pose a significant threat 
and avoid having to

[[Page 72932]]

spend the time and resources associated with physically searching 
passengers' bags for all tools. This resource savings will allow TSA to 
implement more effective and robust screening procedures that can be 
targeted at screening for explosives.
    TSA is modifying the interpretive rule to remove from the 
prohibited items list screwdrivers, wrenches, pliers, and other tools 
seven inches or less in length. All tools greater than seven inches in 
length, as well as all crowbars, drills, hammers, saws, will continue 
to be prohibited.

Other Technical Changes

    TSA also is making a technical change to the interpretive rule. In 
prior versions of the interpretive rule, the various tools were divided 
between the Sharp Objects and the Club-Like Items categories. In order 
to simplify the organization of the prohibited items list, we are 
creating a new category for Tools (now section I.G) that TSA considers 
to be weapons.

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.

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.G(1) through (5) is established.
    2. Section I.B(3) (now section I.G(2)) is amended to read 
``Reserved.''
    3. Section I.B(9) (now section I.G(4)) is amended to read 
``Reserved.''
    4. Section I.B(10) is amended to read ``Scissors, metal with 
pointed tips and a blade length greater than four inches as measured 
from the fulcrum.''
    5. Section I.B(11) (now section I.G(6)) is amended to read 
``Reserved.''
    6. Section I.C(6) (now section I.G(1)) is amended to read 
``Reserved.''
    7. Section I.C(8) (now section I.G(3)) is amended to read 
``Reserved.''
    8. Section I.C(15) (now sections I.G(5, 7-8)) is amended to read 
``Reserved.''
    9. Section II.A(17) is amended to read ``Scissors, plastic or metal 
with blunt tips, and metal with pointed tips and a blade four inches or 
less in length as measured from the fulcrum.''
    10. Section II.C(1) is established.
    11. Section III.E is deleted.

[[Page 72933]]

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) Reserved.
    (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) Reserved.
    (10) Scissors, metal with pointed tips and a blade length greater 
than four inches as measured from the fulcrum.
    (11) Reserved.
    (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) Reserved.
    (7) Golf clubs.
    (8) Reserved.
    (9) Hockey sticks.
    (10) Lacrosse sticks.
    (11) Martial arts weapons, including nunchucks, and kubatons.
    (12) Night sticks.
    (13) Pool cues.
    (14) Ski poles.
    (15) Reserved.

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.

G. Tools

    (1) Crowbars.
    (2) Drills and drill bits, including cordless portable power 
drills.
    (3) Hammers.
    (4) Saws and saw blades, including cordless portable power saws.
    (5) Other tools greater than seven inches in length, including 
pliers, screwdrivers, and wrenches.
    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, and metal with 
pointed tips and a blade four inches or less in length as measured from 
the fulcrum.
    (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[reg] robots and the like.
    (3) Toy weapons (if not realistic replicas).

C. Tools

    (1) Pliers, screwdrivers, wrenches, and other tools seven inches or 
less in length, excluding crowbars, drills, hammers, and saws.

[[Page 72934]]

    III. Items Prohibited in Sterile and Cabin Areas, but 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 place one container of 
self-defense spray in checked baggage, not exceeding 4 fluid ounces by 
volume, but only if it 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 checked baggage if the passenger declares to the 
airline operator, either orally or in writing, before checking the 
baggage, that (1) the passenger has a firearm in his or her bag and 
that it is unloaded, (2) the firearm is carried in a hard-sided 
container, and (3) the container is locked, and only the passenger has 
the key or combination. 49 CFR 1540.111(c).
    D. Club-like Items. A passenger may transport club-like objects and 
sharp objects in checked baggage, as long as they do not contain 
explosives or incendiaries.
    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, on December 5, 2005.
Kip Hawley,
Assistant Secretary.
[FR Doc. 05-23817 Filed 12-5-05; 4:16 pm]
BILLING CODE 4910-62-P