Prohibited Items; New Enforcement Policy Regarding Lighters, 40262-40263 [07-3630]
Download as PDF
40262
Issued on July 9, 2007.
Nicole R. Nason,
Administrator.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. E7–13565 Filed 7–23–07; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Part 1540
RIN 1652–ZA13
Prohibited Items; New Enforcement
Policy Regarding Lighters
Transportation Security
Administration (TSA), DHS.
ACTION: Notice of enforcement policy.
AGENCY:
The Transportation Security
Administration (TSA) is providing
notice that, in accordance with section
530 of Public Law 109–295, TSA will
not enforce the prohibition on bringing
lighters onboard commercial aircraft.
The effect of the new enforcement
policy will be to allow passengers to
carry a lighter onboard commercial
aircraft. This action is being taken to
enable Transportation Security Officers
(TSOs) to concentrate on more
effectively confronting the threat of
concealed explosives and improvised
explosive devices being brought into the
cabin of an aircraft.
DATES: Effective August 4, 2007.
pwalker on PROD1PC71 with RULES
SUMMARY:
VerDate Aug<31>2005
17:17 Jul 23, 2007
Jkt 211001
Kevin Donovan, Office of Security
Operations, TSA–29, Transportation
Security Administration, 601 South
12th Street, Arlington, VA 22202–4220;
telephone (571) 227–3230.
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 https://
www.gpoaccess.gov/fr/; or
(2) Visiting TSA’s Security
Regulations Web page at https://
www.tsa.gov and accessing the link for
‘‘Research Center’’ at the top of the page.
In addition, copies are available by
writing or calling the individual in the
FOR FURTHER INFORMATION CONTACT
section.
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—
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
• 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 § 1544.201 or
§ 1546.201;
• 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
§ 1544.201 or § 1546.201.
On March 1, 2005 (70 FR 9877), TSA
announced, via a notice in the Federal
Register, a prohibition on passengers’
ability to bring lighters onboard the
cabin of an aircraft consistent with sec.
4025 of the Intelligence Reform and
Terrorism Prevention Act of 2004
(IRTPA) (Pub. L. 108–458, 118 Stat.
3710, Dec. 13, 2004), which required
TSA to add butane lighters to the
prohibited items list and to make any
other modifications that TSA deemed
appropriate. Specifically, TSA
prohibited passengers from carrying any
type of lighter on their person or in
accessible property in airport sterile
areas or on board an aircraft for which
screening is conducted.
Through this notice, TSA is changing
its enforcement policy with respect to
lighters. Under the new policy, TSA
will no longer enforce the prohibition
on lighters. The effect of this change in
policy is to allow passengers to carry a
lighter through a passenger screening
checkpoint and into the cabin of an
E:\FR\FM\24JYR1.SGM
24JYR1
ER24JY07.001
Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations
Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations
aircraft. Micro-torches and gas torches
will continue to be prohibited.
pwalker on PROD1PC71 with RULES
New Enforcement Policy Regarding
Lighters
In sec. 530 of the Department of
Homeland Security Appropriations Act,
2007 (Pub. L. 109–295, 120 Stat. 1355,
Oct. 4, 2006), Congress provided TSA
with the authority to refrain from
enforcing the statutory butane lighter
ban, if the Assistant Secretary
determines that butane lighters are not
a significant threat to civil aviation
security. If the Assistant Secretary
determines that butane lighters are not
a significant threat, the Assistant
Secretary must notify the
Appropriations Committees of the
Senate and House of Representatives 15
days in advance of the determination
and include a report on whether the
effectiveness of screening operations is
enhanced by suspending enforcement of
the prohibition.
In accordance with this authority
granted by Congress, TSA has
determined, based on intelligencedriven threat assessments, that the
carriage of butane and other types of
lighters by passengers on board
commercial aircraft does not pose a
significant threat to civil aviation
security. TSA has further determined
that aviation security is better served if
TSOs focus their efforts on detecting
improvised explosive devices, firearms,
and other deadly devices rather than
searching for butane and other types of
lighters. The search for lighters at
screening checkpoints is a time
consuming process that ultimately
distracts TSOs from efforts to detect the
type of deadly weapons likely to be
used by terrorists and which could be
used to inflict catastrophic damage to an
aircraft and loss of lives.
Since TSA prohibited lighters on
March 1, 2005, TSA continues to
intercept more than 22,000 lighters each
day at screening checkpoints across the
country. Lighters represent
approximately 85 percent of prohibited
items discovered by TSA and
abandoned by passengers at screening
checkpoints. The number of lighters
discovered at checkpoints and the time
and effort dedicated to positively
identifying them is clearly
disproportionate to any threat they may
pose.
Results from field surveys indicate
that the greater the numbers of items
TSOs are required to identify and
evaluate, the more difficult it is to detect
any one item. Accordingly, TSA has
determined that aviation security is
better served if TSOs are focused on
VerDate Aug<31>2005
17:17 Jul 23, 2007
Jkt 211001
detecting improvised explosive devices,
firearms, and other deadly devices
instead of employing resources in the
search for lesser threats, such as
lighters. Shifting attention from lower
security risks to address markedly
higher security risks is fundamental to
a risk-based approach. TSA believes the
effectiveness of screening operations
will be enhanced if the time and
resources devoted to detecting,
collecting, and disposing of lighters is
shifted to the search for higher threat
items. Freeing TSOs from searching for
lighters will not only enable them to
focus on finding explosives, it will also
enhance their ability to use behavior
recognition, conduct random screening
procedures, and deploy other measures
that increase complexity in the security
system and make its security protocols
less transparent and predictable to
potential terrorists.
It is noteworthy that the United States
is currently the only country that bans
lighters. Permitting passengers to carry
lighters will align the United States with
the international security standards on
lighters. This will serve as another step
in our efforts to harmonize security
measures with international partners.
Further, this change will better
harmonize TSA’s regulations with
current Department of Transportation
(DOT) regulations regarding the carriage
of hazardous materials on board aircraft.
Under the DOT regulations (49 CFR
175.10), a passenger may carry one
lighter for the individual’s use on his or
her person or in carry-on baggage.
Issued in Arlington, Virginia, on July 19,
2007.
Kip Hawley,
Assistant Secretary.
[FR Doc. 07–3630 Filed 7–20–07; 1:37 pm]
BILLING CODE 9110–05–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061020273–6321–02]
RIN 0648–XB60
Fisheries of the Northeastern United
States; Scup Fishery; Adjustment to
the 2007 Winter II Quota
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
40263
Temporary rule; inseason
adjustment.
ACTION:
SUMMARY: NMFS adjusts the 2007
Winter II commercial scup quota and
possession limit. This action complies
with Framework Adjustment 3
(Framework 3) to the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan, which established a
process to allow the rollover of unused
commercial scup quota from the Winter
I period to the Winter II period.
Effective July 24, 2007, through
December 31, 2007.
DATES:
FOR FURTHER INFORMATION CONTACT:
Michael Ruccio, Fishery Policy Analyst,
(978) 281–9104.
NMFS
published a final rule in the Federal
Register on November 3, 2003 (68 FR
62250), implementing a process, for
years in which the full Winter I
commercial scup quota is not harvested,
to allow unused quota from the Winter
I period (January 1 through April 30) to
be added to the quota for the Winter II
period (November 1 through December
31), and to allow adjustment of the
commercial possession limits for the
Winter II period commensurate with the
amount of quota rolled over from the
Winter I period. Table 4 of the final
2007 quota specifications for summer
flounder, scup, and black sea bass (71
FR 75134, December 14, 2006)
presented detailed information
regarding Winter II possession limits,
based on the amount of scup to be rolled
over from Winter I to Winter II.
For 2007, the Winter II quota is
1,417,991 lb (643,201 kg), and the best
available landings information indicates
that 644,155 lb (292,184 kg) remain of
the Winter I quota of 4,012,895 lb
(1,820,249 kg). Consistent with the
intent of Framework 3, the full amount
of unused 2007 Winter I quota is
transferred to Winter II, resulting in a
revised 2007 Winter II quota of
2,062,146 lb (935,374 kg). In addition to
the quota transfer, the 2007 Winter II
possession limit is increased, consistent
with the rollover specifications
established in the 2007 final rule, to
3,500 lb (1,588 kg) per trip to provide
an appropriate opportunity for fishing
vessels to obtain the increased Winter II
quota.
SUPPLEMENTARY INFORMATION:
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\24JYR1.SGM
24JYR1
Agencies
[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Rules and Regulations]
[Pages 40262-40263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3630]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1540
RIN 1652-ZA13
Prohibited Items; New Enforcement Policy Regarding Lighters
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Notice of enforcement policy.
-----------------------------------------------------------------------
SUMMARY: The Transportation Security Administration (TSA) is providing
notice that, in accordance with section 530 of Public Law 109-295, TSA
will not enforce the prohibition on bringing lighters onboard
commercial aircraft. The effect of the new enforcement policy will be
to allow passengers to carry a lighter onboard commercial aircraft.
This action is being taken to enable Transportation Security Officers
(TSOs) to concentrate on more effectively confronting the threat of
concealed explosives and improvised explosive devices being brought
into the cabin of an aircraft.
DATES: Effective August 4, 2007.
FOR FURTHER INFORMATION CONTACT: Kevin Donovan, Office of Security
Operations, TSA-29, Transportation Security Administration, 601 South
12th Street, Arlington, VA 22202-4220; telephone (571) 227-3230.
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 https://
www.gpoaccess.gov/fr/; or
(2) Visiting TSA's Security Regulations Web page at https://
www.tsa.gov and accessing the link for ``Research Center'' at the top
of the page.
In addition, copies are available by writing or calling the
individual in the FOR FURTHER INFORMATION CONTACT section.
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;
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.
On March 1, 2005 (70 FR 9877), TSA announced, via a notice in the
Federal Register, a prohibition on passengers' ability to bring
lighters onboard the cabin of an aircraft consistent with sec. 4025 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA)
(Pub. L. 108-458, 118 Stat. 3710, Dec. 13, 2004), which required TSA to
add butane lighters to the prohibited items list and to make any other
modifications that TSA deemed appropriate. Specifically, TSA prohibited
passengers from carrying any type of lighter on their person or in
accessible property in airport sterile areas or on board an aircraft
for which screening is conducted.
Through this notice, TSA is changing its enforcement policy with
respect to lighters. Under the new policy, TSA will no longer enforce
the prohibition on lighters. The effect of this change in policy is to
allow passengers to carry a lighter through a passenger screening
checkpoint and into the cabin of an
[[Page 40263]]
aircraft. Micro-torches and gas torches will continue to be prohibited.
New Enforcement Policy Regarding Lighters
In sec. 530 of the Department of Homeland Security Appropriations
Act, 2007 (Pub. L. 109-295, 120 Stat. 1355, Oct. 4, 2006), Congress
provided TSA with the authority to refrain from enforcing the statutory
butane lighter ban, if the Assistant Secretary determines that butane
lighters are not a significant threat to civil aviation security. If
the Assistant Secretary determines that butane lighters are not a
significant threat, the Assistant Secretary must notify the
Appropriations Committees of the Senate and House of Representatives 15
days in advance of the determination and include a report on whether
the effectiveness of screening operations is enhanced by suspending
enforcement of the prohibition.
In accordance with this authority granted by Congress, TSA has
determined, based on intelligence-driven threat assessments, that the
carriage of butane and other types of lighters by passengers on board
commercial aircraft does not pose a significant threat to civil
aviation security. TSA has further determined that aviation security is
better served if TSOs focus their efforts on detecting improvised
explosive devices, firearms, and other deadly devices rather than
searching for butane and other types of lighters. The search for
lighters at screening checkpoints is a time consuming process that
ultimately distracts TSOs from efforts to detect the type of deadly
weapons likely to be used by terrorists and which could be used to
inflict catastrophic damage to an aircraft and loss of lives.
Since TSA prohibited lighters on March 1, 2005, TSA continues to
intercept more than 22,000 lighters each day at screening checkpoints
across the country. Lighters represent approximately 85 percent of
prohibited items discovered by TSA and abandoned by passengers at
screening checkpoints. The number of lighters discovered at checkpoints
and the time and effort dedicated to positively identifying them is
clearly disproportionate to any threat they may pose.
Results from field surveys indicate that the greater the numbers of
items TSOs are required to identify and evaluate, the more difficult it
is to detect any one item. Accordingly, TSA has determined that
aviation security is better served if TSOs are focused on detecting
improvised explosive devices, firearms, and other deadly devices
instead of employing resources in the search for lesser threats, such
as lighters. Shifting attention from lower security risks to address
markedly higher security risks is fundamental to a risk-based approach.
TSA believes the effectiveness of screening operations will be enhanced
if the time and resources devoted to detecting, collecting, and
disposing of lighters is shifted to the search for higher threat items.
Freeing TSOs from searching for lighters will not only enable them to
focus on finding explosives, it will also enhance their ability to use
behavior recognition, conduct random screening procedures, and deploy
other measures that increase complexity in the security system and make
its security protocols less transparent and predictable to potential
terrorists.
It is noteworthy that the United States is currently the only
country that bans lighters. Permitting passengers to carry lighters
will align the United States with the international security standards
on lighters. This will serve as another step in our efforts to
harmonize security measures with international partners. Further, this
change will better harmonize TSA's regulations with current Department
of Transportation (DOT) regulations regarding the carriage of hazardous
materials on board aircraft. Under the DOT regulations (49 CFR 175.10),
a passenger may carry one lighter for the individual's use on his or
her person or in carry-on baggage.
Issued in Arlington, Virginia, on July 19, 2007.
Kip Hawley,
Assistant Secretary.
[FR Doc. 07-3630 Filed 7-20-07; 1:37 pm]
BILLING CODE 9110-05-P