TSA Relaxes Restrictions on Butane Lighters
Why risk-based security regulations can be hard to implement
22 Jul 2007 in Regulatory Economics
On August 4, the federal Transportation Security Administration will permit butane lighters in carry on baggage. Why is TSA allowing them now? Why were they banned in the first place?
One of the casualties of post-9/11 airline screening is the confiscation of cigarette lighters. At least one prominent author has claimed that these items are obviously dangerous and complained that they should have been banned, offering dark but unsubstantiated reasons why in fact they were not:
I began asking this question in front of audiences on my book tour. And it was on a dark and rainy night in Arlington, Virginia, at the Ollsson's Bookstore a couple miles from the Pentagon that I got my answer. After asking my Bic lighter question in my talk to the audience, I sat down to sign the books for the people in line. A young man walks up to the table, introduces himself, and lowering his voice so no one can hear, tells me the following:This anecdote appears facially implausible for several reasons. First, the post-9/11 aircraft security regulations implemented by the Bush administration have been criticized as excessive (including by both Neutral Source and the author cited above), not lax. Second, a Capitol Hill staffer generally is unlikely to be privy to pre-deliberative Administration communications, especially those of a sensitive nature; a Democrat staffer (which is implied) would be even less likely to have personal knowledge. Third, TSA career staff would be aware of a White House directive to permit butane lighters despite their better judgment, and a more authoritative (if anonymous) disclosure of this fact almost certainly would have occurred.
"I work on the Hill. The butane lighters were on the original list prepared by the FAA and sent to the White House for approval. The tobacco industry lobbied the Bush administration to have the lighters and matches removed from the banned list. Their customers (addicts) naturally are desperate to light up as soon as they land, and why should they be punished just so the skies can be safe?
The lighters and matches were removed from the forbidden list.
The power of such anecdotes is magnified because TSA generally does not disclose the rationale for its decisions. The agency says these decisions are risk-based, and that's why it has acted to permit butane lighters. Quoting from TSA's web page (the contents of which change often):
Lifting the lighter ban is consistent with TSA's risk-based approach to aviation security. First and foremost, lighters no longer pose a significant threat. Freeing security officers up from fishing for 22,000 lighters every day (the current number surrendered daily across the country) enables them to focus more on finding explosives, using behavior recognition, conducting random screening procedures and other measures that increase complexity in the system, deterring terrorists. The U.S. is the only country in the world to ban lighters – all other nations, including Israel and the U.K., do not.In short, spending time searching for and confiscating butane lighters diverts scarce resources to minimal threats.
So why permit butane lighters now when previously they were prohibited? Congress banned them in the Intelligence Reform and Terrorism Prevention Act of 2004:
SEC. 4025. PROHIBITED ITEMS LIST.In 2003, TSA had published an interpretative rule (with a subsequent technical correction not germane to our point) making it clear that butane (but not torch) lighters were permitted. In 2004, Congress acted to overrule TSA's judgment, and TSA amended the interpretative rule in March 2005 to replace its own judgment of the risk with that of Congress. It even went to the trouble of implying that Congress' judgment was technically superior:
Not later than 60 days after the date of enactment of this Act, the Assistant Secretary for Homeland Security (Transportation Security Administration) shall complete a review of the list of items prohibited from being carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation set forth in section 1540 of title 49, Code of Federal Regulations, and shall release a revised list
that includes—(1) butane lighters; and2) any other modification that the Assistant Secretary considers appropriate.
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®- or Colibri®-type) or absorbed liquid (Zippo®-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."
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.
But it appears that TSA never did believe this was true, and instead it has quietly complained that the statutory requirement diverted scarce resources away from more important threats. Screeners themselves were especially critical of the law, and of the Senators they believed were responsible for it. (One screener suggested an economically efficient trading scheme that would have significantly reduced the cost of the ban: Passengers having lighters confiscated could, on arrival at their destination, claim replacement lighters that had been confiscated from passengers embarking there.)In 2006, the appropriations bill that funds TSA relaxed the prohibition on butane lighters and gave the agency head the discretion to exercise his own judgment. Announcing the regulatory change, TSA published the graphic image on the right showing that they confiscate almost 23,000 lighters per day -- 11.6 million in 2006 alone -- a number that if stacked end to end would be five times higher than the Empire State Building.
INTERPRETATIVE RULE PERMITTING BUTANE LIGHTERS
[Federal Register: February 14, 2003 (Volume 68, Number 31)]
[Rules and Regulations]
[Page 7444-7448]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe03-20]
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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 Vicky.skelly@tsa.dot.gov. Legal
questions may be directed to Ellen Siegler, Attorney, TSA-2, Chief
Counsel; telephone (571) 227-2723, e-mail ellen.siegler@tsa.dot.gov.
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
CORRECTION TO NTERPRETATIVE RULE PERMITTING BUTANE LIGHTERS
[Federal Register: March 3, 2003 (Volume 68, Number 41)]
[Rules and Regulations]
[Page 9902]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr03-14]
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DEPARTMENT OF TRANSPORTATION
Transportation Security Administration
49 CFR Part 1540
Prohibited Items; Correction
AGENCY: Transportation Security Administration (TSA), DOT.
ACTION: Interpretive rule; correction.
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SUMMARY: This document makes a correction to the interpretive rule
published in the Federal Register on February 14, 2003 (68 FR 7444),
which provides guidance to the public on the types of property TSA
considers to be weapons, explosives, and incendiaries that are
prohibited in airport sterile areas and in the cabins of aircraft under
the TSA regulations and the types of items that are permitted in
sterile areas, the cabins of passenger aircraft, and in passengers'
checked baggage. The TSA erroneously included the words ``non-
refillable'' in the discussion of lighters under ``Permitted Items;
Medical and Personal Items.'' This document removes this wording and
clarifies the type of gas lighter permitted. In addition, TSA
erroneously included in the interpretation a paragraph listing ``Other
items'' allowed to be transported in checked baggage. Because these
items are not allowed in checked baggage, this document removes that
paragraph.
EFFECTIVE DATE: February 28, 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 Vicky.skelly@tsa.dot.gov. Legal
questions may be directed to Ellen Siegler, Attorney, TSA-2, Chief
Counsel; telephone (571) 227-2723, e-mail ellen.siegler@tsa.dot.gov.
SUPPLEMENTARY INFORMATION:
On February 14, 2003 (68 FR 7444), TSA
published an interpretive rule providing guidance on the types of
property that TSA considers to be weapons, explosives, and incendiaries
prohibited in airport sterile areas and in the cabins of aircraft under
the TSA regulations. The interpretive rule also explained that certain
items that are prohibited in sterile areas and cabins may be
transported in checked baggage.
In the last sentence of the ending paragraph of the preamble
discussion on permitted items (page 7446, first column, last sentence),
as well as in the interpretation, on page 7446, in the third column,
paragraph II.A.(9) erroneously included the words ``non-refillable'' to
describe liquefied gas lighters. As both non-refillable (disposable)
and refillable lighters (such as Colibri, Dunhill, and Ronson) are
filled with liquefied butane gas and are equivalent from a security
perspective, there is no reason to allow passengers to carry only non-
refillable lighters of this type. Therefore, the words ``non-
refillable'' have been removed and a clarifying reference to
refillable, ``Colibri-type'' lighters has been inserted.
In the interpretation, on page 7447, in the first column, paragraph
III.(6) erroneously listed the following as ``Other items'' that may be
carried in checked baggage pursuant to strict conditions imposed by 49
CFR part 175: compressed air guns, fire extinguishers, flare pistols,
and gun lighters. None of these items may be carried as checked baggage
and should not have been included in this listing. Accordingly, this
provision has been deleted from the interpretive rule.
Correction
In interpretive rule FR Doc. 03-3755, published on February 14,
2003 (68 FR 7444), make the following corrections:
1. On page 7446, in the first column, line 21, last sentence of
preamble discussion paragraph on ``Permitted Items,'' is corrected to
read as follows:
``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 liquefied gas (BIC-or Colibri-type) or absorbed liquid (Zippo-
type).''
2. On page 7446, in the third column, paragraph II.A.(9) is
corrected to read as follows:
``Lighters (maximum of two), fueled with liquefied gas (BIC-or
Colibri-type) or absorbed liquid (Zippo-type).''
3. On page 7447, in the first column, remove the full paragraph
III.(6), which begins ``Other items. Compressed air guns, * * *''.
Issued in Washington, DC, on February 26, 2003.
Mardi Ruth Thompson,
Deputy Chief Counsel for Regulations.
[FR Doc. 03-4920 Filed 2-28-03; 8:45 am]
BILLING CODE 4910-22-P
ADDITION OF BUTANE LIGHTERS TO THE PROHIBITED LIST
[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 weapo
