Prohibited Items, 73537-73542 [2023-23653]
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Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Rules and Regulations
requirements for new DTV allotments in
section 73.623(d) of the rules. In
addition, the allotment point complies
with section 73.625(a)(1) of the rules as
the entire community of Alamogordo is
encompassed by the 35 dBm contour.
This is a synopsis of the
Commission’s Report and Order, MB
Docket No. 23–281; RM–11958; DA 23–
998, adopted October 20, 2023, and
released October 20, 2023. The full text
of this document is available for
download at https://www.fcc.gov/edocs.
To request materials in accessible
formats for people with disabilities
(braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICE
1. The authority citation for part 73
continues to read as follows:
■
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Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.622(j), amend the Table of
TV Allotments, under New Mexico, by
adding an entry for Alamogordo to read
as follows:
■
§ 73.622 Digital television table of
allotments.
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Community
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Channel No.
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New Mexico
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Alamogordo ..........................
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[FR Doc. 2023–23663 Filed 10–25–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Part 1540
Prohibited Items
Transportation Security
Administration, DHS.
ACTION: Interpretive rule.
AGENCY:
The Transportation Security
Administration (TSA) is amending its
interpretive rule that provides guidance
to the public on the types of items that
TSA considers to be weapons,
explosives, and incendiaries, which are
prohibited in airport sterile areas, in the
cabins of aircraft, or in passengers’
checked baggage. This document adds a
limited type of unpressurized gas
cylinders for air guns used in
competitive shooting to those items that
may be placed in checked baggage but
continue to be prohibited in sterile areas
and aircraft cabins. This document also
provides clarification on prohibited
sharp objects and certain self-defense
items.
DATES: This rule is effective October 26,
2023.
FOR FURTHER INFORMATION CONTACT:
Justin Keear, Requirements
Development Branch, Requirements and
Capabilities Analysis, Transportation
Security Administration, 6595
Springfield Center Drive, Springfield,
VA 20598–6016; Telephone (571) 422–
7202; email ORCAPIL@tsa.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Availability of Rulemaking Document
You can find an electronic copy of
this rulemaking using the internet by
accessing the Government Publishing
Office’s web page at https://
www.govinfo.gov/app/collection/FR/ to
view the daily published Federal
Register edition or accessing the Office
of the Federal Register’s web page at
https://www.federalregister.gov. Copies
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73537
are also available by contacting the
individual identified in the FOR FURTHER
INFORMATION CONTACT section.
Statutory and Regulatory Background
TSA is responsible for security in all
modes of transportation, including
aviation.1 In addition, TSA is required
to screen all passengers and property,
including carry-on and checked
baggage, and other articles.2 Under
TSA’s regulation on acceptance and
screening of individuals and accessible
property, 49 CFR 1540.111(a), an
individual (other than law enforcement
personnel or other authorized
individuals) 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 this subchapter;
(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 49
CFR 1544.201, 1546.201, or 1562.23.
Under 49 CFR 1540.111(c), a
passenger may not transport the
following items in checked baggage: any
loaded firearms; any unloaded firearms
unless it meets specific packaging
requirements and is properly declared;
or any unauthorized explosive or
incendiary.
Since February 2003, TSA has
published a series of interpretive rules
that provide guidance to the public on
the types of property TSA considers to
be weapons, explosives, and
incendiaries prohibited on an
individual’s person, accessible property,
or in checked baggage, as well as items
that may be permitted, if they clear
TSA’s required screening.3
As noted in the first interpretive rule,
neither the prohibited items list nor the
permitted items list in this regulatory
interpretation contains all possible
items.4 As a result, items not
specifically included on the prohibited
items list may be prohibited in a sterile
area and the cabin of an aircraft.
1 See
49 U.S.C. 114(d).
49 U.S.C. 44901(a).
3 See 68 FR 7444 (Feb. 14, 2003) (initial
interpretive rule); 68 FR 9902 (Mar. 3, 2003)
(technical corrections); 70 FR 9877 (Mar. 1, 2005)
(prohibiting lighters); 70 FR 51679 (Aug. 31, 2005)
(permitting certain small scissors that persons with
ostomies need); 70 FR 72930 (Dec. 8, 2005)
(allowing small scissors and small tools); and 72 FR
40262 (July 24, 2007) (new enforcement policy
regarding lighters, allowing one lighter).
4 68 FR at 7445.
2 See
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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 poses
a potential threat, regardless of whether
the item is on the prohibited items list.
Moreover, if future information or
events demonstrate the need to prohibit
items that TSA has previously
considered permitted, TSA may prohibit
individuals from bringing these items
into the sterile area or onboard the
aircraft without first publishing a
change to this interpretive rule. This
flexibility is consistent with Congress’
direction that screeners be proficient in
recognizing new threats and weapons 5
as well as TSA’s mission and authorities
to protect transportation security from
evolving threats. To provide as much
notice to the public as possible, TSA has
created an interactive capability for the
public on https://www.tsa.gov that
provides up-to-date information on
prohibited items, including hazardous
items prohibited by the Federal
Aviation Administration (FAA), and
those that are permitted if properly
packaged and screened.6
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Statutory Requirements for Revisions to
the Prohibited Items List
Section 1962 of the TSA
Modernization Act requires TSA to
periodically review and amend, as
necessary, the prohibited items list.7
Before determining whether to include
or remove an item from the prohibited
items list, TSA is required to: (1)
research and evaluate the impact, if any,
the amendment would have on security
risks and screening operations,
including effectiveness and efficiency;
(2) research and evaluate whether the
amendment is consistent with
international standards and guidance,
including those of the International
Civil Aviation Organization; and (3)
consult with appropriate aviation
security stakeholders, including the
Aviation Security Advisory Committee
(ASAC).8 With the exception of plastic
or round-bladed butter knives, TSA is
prohibited from amending the
interpretive rule to authorize any knife
to be permitted in an airport sterile area
or in the aircraft cabin.9
TSA established a process to ensure
compliance with these statutory
5 49
U.S.C. 44935(h)(1).
6 https://www.tsa.gov/travel/security-screening/
whatcanibring/all.
7 Division K, FAA Reauthorization Act of 2018,
Public Law 115–254 (132 Stat. 3186; Oct. 5, 2018)
as codified at 49 U.S.C. 44901 note [hereinafter,
TSA Modernization Act]. This provision is
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current screening policies; they do not
represent changes to current limitations
or requirements, and they neither add
nor remove items from the list.
Accordingly, TSA did not engage
extensively with ASAC or other
interested stakeholders when preparing
those revisions.
requirements. TSA Management
Directive 4000.2 (August 25, 2021)
establishes TSA’s Office of
Requirements and Capabilities Analysis
as the lead office for revisions to the
prohibited items list. All changes to the
prohibited items list require review and
approval by TSA’s Executive Risk
Steering Committee, a risk assessment
(to include determining potential
impact on operations), and a robust
process for engagement with internal
and external stakeholders. When
determining to make these revisions to
the prohibited items list, TSA
considered, among other factors, known
security risks based on intelligence,
incidents, and feedback from
stakeholders. From information
provided by the U.S. intelligence and
law enforcement communities, TSA
knows that terrorists remain focused on
attacking commercial aviation. The use
of simple weapons in the aircraft cabin
to overpower the flight crew is a known
threat tactic.
Impact on screening operations. TSA
also considered the effects of these
changes on screening operations,
including effectiveness and efficiency.
For example, the clarifications to the
definitions of sharp objects being made
through this revision to the prohibited
items list are intended to reduce
confusion and training burdens across
the screening workforce, thereby
enabling TSA screeners to focus more
effectively and efficiently on searching
for prohibited items.
Alignment with International
Standards. TSA reviewed all
corresponding passenger screening
security standards from the
International Civil Aviation
Organization and determined that all
clarifications to the list are consistent
with those standards.
Engagement with stakeholders. TSA
solicited input and feedback from the
FAA, the ASAC, and several industry
trade organizations with an interest in
aviation security on the changes relating
to gas cylinders for air guns. No external
stakeholders provided substantive
feedback. As discussed below, the
remaining changes relating to
definitions of sharp objects and clublike items are clarifications to the
prohibited items list consistent with
Sharp objects: Blade holding devices
and table knives. TSA is making
clarifications to the prohibited items list
for categories of sharp objects prohibited
under Section I.B. of the interpretive
rule. As shown in Table 1, these
changes include a minor revision to the
types of permitted knives, intended to
clarify the features of some common
table knives that may be carried in the
passenger cabin. The current text of the
prohibited items list prompts recurring
questions by TSA screeners regarding
the identity of the knife as a butter
knife, the existence of a point, the
features of the blade edge, the presence
of serrations, and how to decide if a
knife with a particular combination of
those features is permitted or not.
Consistent with the requirements of the
TSA Modernization Act,10 the revised
text is intended to clarify that only
knives with no sharp edges, no points,
and no serrations are permitted.
Commonly permissible examples would
include plastic cutlery and butter knives
(the butter knife exception is limited to
knives that are round-bladed, bluntedged, without serration, and no longer
than a common table knife). There is no
change to the allowance for plastic
cutlery, which continues to be
permitted. The new definition will
simplify training and operational
requirements and will allow TSA’s
screening workforce to focus more
appropriately on screening for more
dangerous items.
The second change provides
clarification regarding box cutters and
utility knives. Recognizing the potential
for empty box cutter and utility knife
housings to be used to enhance the
lethality of a hidden blade, TSA
determined it is necessary to provide
clarification that both the blades and
housings are prohibited.
consistent with recommendations from a 2015
review by the Government Accountability Office
(GAO) of TSA’s approach to prohibiting items
aboard passenger aircraft. GAO published a report
recommending that TSA review and revise the
prohibited items list regularly, and engage with
internal and external stakeholders, including the
ASAC, in the course of these reviews. See GAO–15–
261 Report, Aviation Security TSA Should Take
Additional Action to Obtain Stakeholder Input
when Modifying the Prohibited Items List, GAO–15–
261 (Feb. 2015).
8 TSA Modernization Act, at § 1962(b).
9 Id. at § 1962(c).
10 Id.
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Clarifications to the Prohibited Items
List
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73539
TABLE 1—CHANGES TO THE DEFINITION OF SHARP OBJECTS IN THE PROHIBITED ITEMS LIST SECTION I.B.
Current wording
New wording
(5) Knives of any length, except rounded-blade
butter and plastic cutlery.
(5) Knives of any length, except plastic cutlery and butter knives (the butter knife exception is
limited to knives that are round-bladed, blunt-edged, without serration, and no longer than a
common table knife).
(7) Razor-type blades, such as blades for box cutters, utility knives, and non-disposable safety
razors. This prohibition includes box cutter and utility knife housings, with or without the
razor blade, but excludes disposable safety razors and safety razor blade cartridges.
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(7) Razor-type blades, such as box cutters, utility knives, and razor blades not in a cartridge,
but excluding safety razors.
Club-like items: Cat-Eyes. Cat-eyes are
a type of brass knuckle made in the
stylized representation of a cat’s face,
often made of metal, and commonly
marketed as keychains. The eyes of the
cat are finger holes and the ears of the
cat are sharp points that extend beyond
the fingers when the weapon is held in
a closed fist, as with other brass
knuckles. TSA screeners have requested
clarification on whether these items are
prohibited, seeking clarification of
whether the items should be treated as
a club-like item or sharp object.
Clarifying that TSA considers cat-eyes
to be a type of brass knuckle will
simplify training and operational
requirements and provide clarity to the
public.
Gas cylinders for air guns. TSA
currently prohibits all compressed air
guns and compressed gas cylinders on
person or in accessible property.11 TSA
permits unloaded compressed air guns
to be transported in checked baggage,
but the agency has not included a clear
exception for the compressed gas
cylinders used in these guns through the
prohibited items list. In response to a
request from the competitive shooting
industry, TSA examined available
intelligence information and the
characteristics of unpressurized
competitive shooting cylinders for air
guns. TSA conducted a risk analysis
that compared the gas cylinders to other
similar items that are currently allowed
in checked baggage and found that the
carriage of a maximum of four of these
unpressurized cylinders in checked
baggage would not introduce an
unacceptable level of risk to passengers
or aviation security, even if carried
along with their associated air rifle or
air pistol. TSA has, in the past, made
limited exceptions consistent with this
change, such as for Olympic
competitors and the Wounded Warrior
program, without incident.
Through this revision to the
interpretive rule, TSA is permitting
travelers to transport up to four
unpressurized compressed gas cylinders
of limited size and capacity intended for
11 See Sections I.A(2) (compressed air guns) and
I.F(2) (compressed gas cylinders).
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air guns. Each passenger may carry no
more than four such cylinders, and none
of the gas cylinders may exceed 24
inches in length, 3 inches in diameter,
or 0.1 cubic feet in total rated volume.
All checked baggage will continue to
be screened prior to being loaded on an
aircraft. This screening will verify that
the items within meet the criteria for
transport described in this notice and
are not concealing other prohibited
items, explosives, or improvised
explosive devices or components. The
final decision rests with TSA on
whether to allow items to be
transported, and TSA reserves the
ability to prohibit any items that it
deems to be a threat to transportation
security. As part of risk-based security,
TSA may prohibit items discovered
during certain types of screening that
would otherwise be permitted.
Future Changes to the Prohibited Items
List
Consistent with the requirements in
the TSA Modernization Act, TSA
intends to review the prohibited items
list on a periodic basis and will revise
the list as operational circumstances
and the threat landscape may require.
TSA will engage with appropriate
internal and external stakeholders in the
course of the periodic review, as
required by the TSA Modernization Act.
TSA will continue to announce future
changes in the Federal Register and will
continue to add any changes to TSA’s
‘‘What Can I Bring?’’ list (or equivalent)
on https://www.tsa.gov.
Regulatory Impact Analyses
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order (E.O.) 12866 of
September 30, 1993 (Regulatory
Planning and Review), as supplemented
by E.O. 13563 of January 18, 2011
(Improving Regulation and Regulatory
Review) and E.O. 14094 of April 6, 2023
(Modernizing Regulatory Review)
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
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Act of 1980 (RFA) 12 requires agencies to
consider the economic impact of
regulatory changes on small entities.
Third, the Trade Agreement Act of
1979 13 prohibits agencies from setting
standards that create unnecessary
obstacles to the foreign commerce of the
United States. Fourth, the Unfunded
Mandates Reform Act of 1995 14
(UMRA) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rulemakings 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 Orders 12866 and 13563
Assessment
Under the requirements of E.O. 12866,
as amended by E.O. 14094, and E.O.
13563, agencies must assess the costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, select regulatory approaches
that maximize net benefits (including
potential economic, environmental,
public health and safety effects,
distributive impacts, and equity). These
requirements were supplemented by
E.O. 13563, which emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility.
The Office of Management and Budget
(OMB) has not designated this
interpretive rule a significant regulatory
action under section 3(f) of Executive
Order 12866, as amended by Executive
Order 14094. Accordingly, OMB has not
reviewed this regulatory action.
In conducting these analyses, TSA
made the following determinations:
1. This interpretive rule explains to
the public, airport personnel, screeners,
and airlines, how TSA interprets certain
12 Public Law 96–354 (94 Stat. 1164; Sept. 19,
1980) (codified at 5 U.S.C. 601 et seq., as amended
by the Small Business Regulatory Enforcement
Fairness Act of 1996).
13 Public Law 96–39 (93 Stat. 144; July 26, 1979)
(codified at 19 U.S.C. 2531–2533).
14 Public Law 104–4 (109 Stat. 66; Mar. 22, 1995)
(codified at 2 U.S.C. 1181–1538).
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terms used in an existing rule, 49 CFR
1540.111.
2. This interpretive rule will not
constitute a barrier to international
trade.
3. This interpretive rule does not
impose an unfunded mandate on State,
Local, or Tribal governments, or on the
private sector.
This interpretive rule provides an
interpretation of an existing regulation,
49 CFR 1540.111, to provide clarity
regarding existing prohibitions and to
narrow the scope of the prohibition by
permitting certain compressed gas
cylinders in checked baggage. As was
the case with previous interpretive rules
narrowing the scope of the
prohibition,15 TSA does not anticipate
that the public or industry will bear any
compliance costs associated with this
interpretive rule.
The decision to allow a limited size
and number of compressed gas
cylinders in checked baggage is made as
part of TSA’s overall risk-based security
approach and is consistent with the
requirement to review the prohibited
items list in section 1962 of the TSA
Modernization Act of 2018.16
Regulatory Flexibility Determination
The RFA requires that agencies
consider the impacts of their rules on
small entities. 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 under 5 U.S.C.
553 as TSA is not required to publish
a notice of proposed rulemaking.
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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. The
Trade Agreement Act does not consider
legitimate domestic objectives, such as
essential security, as unnecessary
obstacles. The statute also requires that
international standards be considered
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
this interpretive rule would not have an
adverse impact on international trade.
15 See, e.g., 70 FR 51679 (Aug. 31, 2005) and 70
FR 72930 (Dec. 8, 2005).
16 See supra note 6.
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Unfunded Mandates Assessment
Title II of UMRA, establishes
requirements for Federal agencies to
assess the effects of their regulatory
actions on State, Local, and Tribal
governments and the private sector.
Title II of UMRA 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 interpretive rule does not
contain such a mandate. The
requirements of Title II of UMRA,
therefore, do not apply and TSA has not
prepared a statement.
Executive Order 13132, Federalism
A rule has implications for federalism
under E.O. 13132 of August 10, 1999
(Federalism), if it has 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. TSA has analyzed
this proposed rule under E.O. 13132 and
determined that it does not have
implications for federalism.
Environmental Analysis
TSA has reviewed this interpretive
rule for purposes of the National
Environmental Policy Act of 1969
(NEPA) 17 and has determined that this
action will not have a significant effect
on the human environment. This action
is covered by categorical exclusion
number A3(b) in DHS Management
Directive 023–01 (formerly Management
Directive 5100.1), Environmental
Planning Program, which guides TSA
compliance with NEPA.
Energy Impact
TSA assessed the energy impact of
this action in accordance with the
Energy Policy and Conservation Act
(EPCA),18 and determined that this
interpretive rule 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. Currently, section I.B(5) reads:
‘‘Knives of any length, except roundedblade butter and plastic cutlery.’’ TSA is
17 As
18 As
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codified at 42 U.S.C. 6362.
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revising this section to read: ‘‘Knives of
any length, except plastic cutlery and
butter knives (the butter knife exception
is limited to knives that are roundbladed, blunt-edged, without serration,
and no longer than a common table
knife.’’
2. Currently, section I.B(7) reads:
‘‘Razor-type blades, such as box cutters,
utility knives, and razor blades not in a
cartridge, but excluding safety razors.
TSA is revising this section to read:
‘‘Razor-type blades, such as blades for
box cutters, utility knives, and nondisposable safety razors. This
prohibition includes box cutter and
utility knife housings, with or without
the razor blade, but excludes disposable
safety razors and disposable safety razor
blade cartridges.’’
3. TSA is revising section I.C(4) to add
cat-eyes, to read: ‘‘Brass knuckles,
including cat-eyes.’’
4. TSA added specific citations to
regulatory cross-references in Section
III.A and III.B.
5. TSA is adding section III.E. to read:
‘‘Compressed gas cylinders for air guns.
Subject to the following limitations, a
passenger may place air-powered rifles
and pistols, components, ammunition,
and accessories in checked baggage: (1)
only four gas cylinders specifically
intended for such rifles and pistols are
permitted per person, (2) all of the gas
cylinders must be unpressurized, and
(3) none of the gas cylinders may exceed
24 inches in length, 3 inches in
diameter, or 0.1 cubic feet in total rated
volume.’’
6. TSA made technical corrections to
update statutory references, address
typographical errors, and correct or
clarify internal cross-references.
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., 49 U.S.C. 44901 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, such as:
(1) BB guns.
(2) Compressed air guns.
(3) Firearms.
(4) Flare pistols.
(5) Gun lighters.
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(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, such as:
(1) Axes and hatchets.
(2) Bows and arrows.
(3) Reserved.
(4) Ice axes/Ice picks.
(5) Knives of any length, except
plastic cutlery and butter knives (the
butter knife exception is limited to
knives that are round-bladed, bluntedged, without serration, and no longer
than a common table knife).
(6) Meat cleavers.
(7) Razor-type blades, such as box
cutters, utility knives, and nondisposable razors. This prohibition
includes box cutter and utility knife
housings, with or without the blade, but
excludes disposable safety razors and
disposable safety razor blade cartridges.
(8) Sabers.
(9) Reserved.
(10) Scissors, metal with pointed tips
and a blade length greater than 4 inches
as measured from the fulcrum.
(11) Reserved.
(12) Swords.
(13) Throwing stars (martial arts).
C. Club-Like Items, such as:
(1) Baseball bats.
(2) Billy clubs.
(3) Blackjacks.
(4) Brass knuckles, including cat-eyes.
(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, such as:
(1) Aerosols, 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 microtorches and torch lighters.
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15:56 Oct 25, 2023
Jkt 262001
(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, such as:
(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, such as:
(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 7 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. The following 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.
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73541
(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 4 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, such as:
(1) Knitting and crochet needles.
(2) Toy Transformer® robots and the
like.
(3) Toy weapons (if not realistic
replicas).
C. The following types of tools:
(1) Pliers, screwdrivers, wrenches,
and other tools 7 inches or less in
length, excluding crowbars, drills,
hammers, and saws.
III. Items Prohibited in Sterile and Cabin
Areas, but Permitted 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 the Department
of Transportation’s hazardous materials
regulations provided in 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)(9) and 49 CFR 171.8 for other
applicable requirements.
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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. See 49
CFR 175.10(a)(8) for other applicable
requirements.
C. Unloaded firearms. A passenger
may place an unloaded firearm or starter
pistol in checked baggage if the
passenger makes the following
declarations to the airline operator,
either orally or in writing, before
checking the baggage: (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.
See 49 CFR 1540.111(c) for other
applicable requirements.
D. Club-like items. A passenger may
transport club-like objects and sharp
VerDate Sep<11>2014
15:56 Oct 25, 2023
Jkt 262001
objects in checked baggage, as long as
they do not contain explosives or
incendiaries.
E. Compressed gas cylinders for air
guns. Subject to the following
limitations, a passenger may place airpowered rifles and pistols, components,
ammunition, and accessories in checked
baggage: (1) only four gas cylinders
specifically intended for such rifles and
pistols are permitted per person, (2) all
of the gas cylinders must be
unpressurized, and (3) none of the gas
cylinders may exceed 24 inches in
length, 3 inches in diameter, or 0.1
cubic feet in total rated volume.
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
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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.
Dated: October 20, 2023.
David P. Pekoske,
Administrator.
[FR Doc. 2023–23653 Filed 10–25–23; 8:45 am]
BILLING CODE 9110–05–P
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Agencies
[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Rules and Regulations]
[Pages 73537-73542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23653]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1540
Prohibited Items
AGENCY: Transportation Security Administration, DHS.
ACTION: Interpretive rule.
-----------------------------------------------------------------------
SUMMARY: The Transportation Security Administration (TSA) is amending
its interpretive rule that provides guidance to the public on the types
of items that TSA considers to be weapons, explosives, and
incendiaries, which are prohibited in airport sterile areas, in the
cabins of aircraft, or in passengers' checked baggage. This document
adds a limited type of unpressurized gas cylinders for air guns used in
competitive shooting to those items that may be placed in checked
baggage but continue to be prohibited in sterile areas and aircraft
cabins. This document also provides clarification on prohibited sharp
objects and certain self-defense items.
DATES: This rule is effective October 26, 2023.
FOR FURTHER INFORMATION CONTACT: Justin Keear, Requirements Development
Branch, Requirements and Capabilities Analysis, Transportation Security
Administration, 6595 Springfield Center Drive, Springfield, VA 20598-
6016; Telephone (571) 422-7202; email [email protected].
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Document
You can find an electronic copy of this rulemaking using the
internet by accessing the Government Publishing Office's web page at
https://www.govinfo.gov/app/collection/FR/ to view the daily published
Federal Register edition or accessing the Office of the Federal
Register's web page at https://www.federalregister.gov. Copies are also
available by contacting the individual identified in the FOR FURTHER
INFORMATION CONTACT section.
Statutory and Regulatory Background
TSA is responsible for security in all modes of transportation,
including aviation.\1\ In addition, TSA is required to screen all
passengers and property, including carry-on and checked baggage, and
other articles.\2\ Under TSA's regulation on acceptance and screening
of individuals and accessible property, 49 CFR 1540.111(a), an
individual (other than law enforcement personnel or other authorized
individuals) may not have a weapon, explosive, or incendiary, on or
about the individual's person or accessible property--
---------------------------------------------------------------------------
\1\ See 49 U.S.C. 114(d).
\2\ See 49 U.S.C. 44901(a).
---------------------------------------------------------------------------
(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 this subchapter;
(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 49 CFR 1544.201,
1546.201, or 1562.23.
Under 49 CFR 1540.111(c), a passenger may not transport the
following items in checked baggage: any loaded firearms; any unloaded
firearms unless it meets specific packaging requirements and is
properly declared; or any unauthorized explosive or incendiary.
Since February 2003, TSA has published a series of interpretive
rules that provide guidance to the public on the types of property TSA
considers to be weapons, explosives, and incendiaries prohibited on an
individual's person, accessible property, or in checked baggage, as
well as items that may be permitted, if they clear TSA's required
screening.\3\
---------------------------------------------------------------------------
\3\ See 68 FR 7444 (Feb. 14, 2003) (initial interpretive rule);
68 FR 9902 (Mar. 3, 2003) (technical corrections); 70 FR 9877 (Mar.
1, 2005) (prohibiting lighters); 70 FR 51679 (Aug. 31, 2005)
(permitting certain small scissors that persons with ostomies need);
70 FR 72930 (Dec. 8, 2005) (allowing small scissors and small
tools); and 72 FR 40262 (July 24, 2007) (new enforcement policy
regarding lighters, allowing one lighter).
---------------------------------------------------------------------------
As noted in the first interpretive rule, neither the prohibited
items list nor the permitted items list in this regulatory
interpretation contains all possible items.\4\ As a result, items not
specifically included on the prohibited items list may be prohibited in
a sterile area and the cabin of an aircraft.
[[Page 73538]]
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 poses a potential threat, regardless of
whether the item is on the prohibited items list. Moreover, if future
information or events demonstrate the need to prohibit items that TSA
has previously considered permitted, TSA may prohibit individuals from
bringing these items into the sterile area or onboard the aircraft
without first publishing a change to this interpretive rule. This
flexibility is consistent with Congress' direction that screeners be
proficient in recognizing new threats and weapons \5\ as well as TSA's
mission and authorities to protect transportation security from
evolving threats. To provide as much notice to the public as possible,
TSA has created an interactive capability for the public on https://www.tsa.gov that provides up-to-date information on prohibited items,
including hazardous items prohibited by the Federal Aviation
Administration (FAA), and those that are permitted if properly packaged
and screened.\6\
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\4\ 68 FR at 7445.
\5\ 49 U.S.C. 44935(h)(1).
\6\ https://www.tsa.gov/travel/security-screening/whatcanibring/all.
---------------------------------------------------------------------------
Statutory Requirements for Revisions to the Prohibited Items List
Section 1962 of the TSA Modernization Act requires TSA to
periodically review and amend, as necessary, the prohibited items
list.\7\ Before determining whether to include or remove an item from
the prohibited items list, TSA is required to: (1) research and
evaluate the impact, if any, the amendment would have on security risks
and screening operations, including effectiveness and efficiency; (2)
research and evaluate whether the amendment is consistent with
international standards and guidance, including those of the
International Civil Aviation Organization; and (3) consult with
appropriate aviation security stakeholders, including the Aviation
Security Advisory Committee (ASAC).\8\ With the exception of plastic or
round-bladed butter knives, TSA is prohibited from amending the
interpretive rule to authorize any knife to be permitted in an airport
sterile area or in the aircraft cabin.\9\
---------------------------------------------------------------------------
\7\ Division K, FAA Reauthorization Act of 2018, Public Law 115-
254 (132 Stat. 3186; Oct. 5, 2018) as codified at 49 U.S.C. 44901
note [hereinafter, TSA Modernization Act]. This provision is
consistent with recommendations from a 2015 review by the Government
Accountability Office (GAO) of TSA's approach to prohibiting items
aboard passenger aircraft. GAO published a report recommending that
TSA review and revise the prohibited items list regularly, and
engage with internal and external stakeholders, including the ASAC,
in the course of these reviews. See GAO-15-261 Report, Aviation
Security TSA Should Take Additional Action to Obtain Stakeholder
Input when Modifying the Prohibited Items List, GAO-15-261 (Feb.
2015).
\8\ TSA Modernization Act, at Sec. 1962(b).
\9\ Id. at Sec. 1962(c).
---------------------------------------------------------------------------
TSA established a process to ensure compliance with these statutory
requirements. TSA Management Directive 4000.2 (August 25, 2021)
establishes TSA's Office of Requirements and Capabilities Analysis as
the lead office for revisions to the prohibited items list. All changes
to the prohibited items list require review and approval by TSA's
Executive Risk Steering Committee, a risk assessment (to include
determining potential impact on operations), and a robust process for
engagement with internal and external stakeholders. When determining to
make these revisions to the prohibited items list, TSA considered,
among other factors, known security risks based on intelligence,
incidents, and feedback from stakeholders. From information provided by
the U.S. intelligence and law enforcement communities, TSA knows that
terrorists remain focused on attacking commercial aviation. The use of
simple weapons in the aircraft cabin to overpower the flight crew is a
known threat tactic.
Impact on screening operations. TSA also considered the effects of
these changes on screening operations, including effectiveness and
efficiency. For example, the clarifications to the definitions of sharp
objects being made through this revision to the prohibited items list
are intended to reduce confusion and training burdens across the
screening workforce, thereby enabling TSA screeners to focus more
effectively and efficiently on searching for prohibited items.
Alignment with International Standards. TSA reviewed all
corresponding passenger screening security standards from the
International Civil Aviation Organization and determined that all
clarifications to the list are consistent with those standards.
Engagement with stakeholders. TSA solicited input and feedback from
the FAA, the ASAC, and several industry trade organizations with an
interest in aviation security on the changes relating to gas cylinders
for air guns. No external stakeholders provided substantive feedback.
As discussed below, the remaining changes relating to definitions of
sharp objects and club-like items are clarifications to the prohibited
items list consistent with current screening policies; they do not
represent changes to current limitations or requirements, and they
neither add nor remove items from the list. Accordingly, TSA did not
engage extensively with ASAC or other interested stakeholders when
preparing those revisions.
Clarifications to the Prohibited Items List
Sharp objects: Blade holding devices and table knives. TSA is
making clarifications to the prohibited items list for categories of
sharp objects prohibited under Section I.B. of the interpretive rule.
As shown in Table 1, these changes include a minor revision to the
types of permitted knives, intended to clarify the features of some
common table knives that may be carried in the passenger cabin. The
current text of the prohibited items list prompts recurring questions
by TSA screeners regarding the identity of the knife as a butter knife,
the existence of a point, the features of the blade edge, the presence
of serrations, and how to decide if a knife with a particular
combination of those features is permitted or not. Consistent with the
requirements of the TSA Modernization Act,\10\ the revised text is
intended to clarify that only knives with no sharp edges, no points,
and no serrations are permitted. Commonly permissible examples would
include plastic cutlery and butter knives (the butter knife exception
is limited to knives that are round-bladed, blunt-edged, without
serration, and no longer than a common table knife). There is no change
to the allowance for plastic cutlery, which continues to be permitted.
The new definition will simplify training and operational requirements
and will allow TSA's screening workforce to focus more appropriately on
screening for more dangerous items.
---------------------------------------------------------------------------
\10\ Id.
---------------------------------------------------------------------------
The second change provides clarification regarding box cutters and
utility knives. Recognizing the potential for empty box cutter and
utility knife housings to be used to enhance the lethality of a hidden
blade, TSA determined it is necessary to provide clarification that
both the blades and housings are prohibited.
[[Page 73539]]
Table 1--Changes to the Definition of Sharp Objects in the Prohibited
Items List Section I.B.
------------------------------------------------------------------------
Current wording New wording
------------------------------------------------------------------------
(5) Knives of any length, except (5) Knives of any length, except
rounded-blade butter and plastic plastic cutlery and butter knives
cutlery. (the butter knife exception is
limited to knives that are round-
bladed, blunt-edged, without
serration, and no longer than a
common table knife).
(7) Razor-type blades, such as box (7) Razor-type blades, such as
cutters, utility knives, and blades for box cutters, utility
razor blades not in a cartridge, knives, and non-disposable safety
but excluding safety razors. razors. This prohibition includes
box cutter and utility knife
housings, with or without the razor
blade, but excludes disposable
safety razors and safety razor
blade cartridges.
------------------------------------------------------------------------
Club-like items: Cat-Eyes. Cat-eyes are a type of brass knuckle
made in the stylized representation of a cat's face, often made of
metal, and commonly marketed as keychains. The eyes of the cat are
finger holes and the ears of the cat are sharp points that extend
beyond the fingers when the weapon is held in a closed fist, as with
other brass knuckles. TSA screeners have requested clarification on
whether these items are prohibited, seeking clarification of whether
the items should be treated as a club-like item or sharp object.
Clarifying that TSA considers cat-eyes to be a type of brass knuckle
will simplify training and operational requirements and provide clarity
to the public.
Gas cylinders for air guns. TSA currently prohibits all compressed
air guns and compressed gas cylinders on person or in accessible
property.\11\ TSA permits unloaded compressed air guns to be
transported in checked baggage, but the agency has not included a clear
exception for the compressed gas cylinders used in these guns through
the prohibited items list. In response to a request from the
competitive shooting industry, TSA examined available intelligence
information and the characteristics of unpressurized competitive
shooting cylinders for air guns. TSA conducted a risk analysis that
compared the gas cylinders to other similar items that are currently
allowed in checked baggage and found that the carriage of a maximum of
four of these unpressurized cylinders in checked baggage would not
introduce an unacceptable level of risk to passengers or aviation
security, even if carried along with their associated air rifle or air
pistol. TSA has, in the past, made limited exceptions consistent with
this change, such as for Olympic competitors and the Wounded Warrior
program, without incident.
---------------------------------------------------------------------------
\11\ See Sections I.A(2) (compressed air guns) and I.F(2)
(compressed gas cylinders).
---------------------------------------------------------------------------
Through this revision to the interpretive rule, TSA is permitting
travelers to transport up to four unpressurized compressed gas
cylinders of limited size and capacity intended for air guns. Each
passenger may carry no more than four such cylinders, and none of the
gas cylinders may exceed 24 inches in length, 3 inches in diameter, or
0.1 cubic feet in total rated volume.
All checked baggage will continue to be screened prior to being
loaded on an aircraft. This screening will verify that the items within
meet the criteria for transport described in this notice and are not
concealing other prohibited items, explosives, or improvised explosive
devices or components. The final decision rests with TSA on whether to
allow items to be transported, and TSA reserves the ability to prohibit
any items that it deems to be a threat to transportation security. As
part of risk-based security, TSA may prohibit items discovered during
certain types of screening that would otherwise be permitted.
Future Changes to the Prohibited Items List
Consistent with the requirements in the TSA Modernization Act, TSA
intends to review the prohibited items list on a periodic basis and
will revise the list as operational circumstances and the threat
landscape may require. TSA will engage with appropriate internal and
external stakeholders in the course of the periodic review, as required
by the TSA Modernization Act. TSA will continue to announce future
changes in the Federal Register and will continue to add any changes to
TSA's ``What Can I Bring?'' list (or equivalent) on https://www.tsa.gov.
Regulatory Impact Analyses
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order (E.O.) 12866 of September 30, 1993
(Regulatory Planning and Review), as supplemented by E.O. 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review) and E.O.
14094 of April 6, 2023 (Modernizing Regulatory Review) 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 (RFA) \12\
requires agencies to consider the economic impact of regulatory changes
on small entities. Third, the Trade Agreement Act of 1979 \13\
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. Fourth, the
Unfunded Mandates Reform Act of 1995 \14\ (UMRA) requires agencies to
prepare a written assessment of the costs, benefits, and other effects
of proposed or final rulemakings 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).
---------------------------------------------------------------------------
\12\ Public Law 96-354 (94 Stat. 1164; Sept. 19, 1980) (codified
at 5 U.S.C. 601 et seq., as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996).
\13\ Public Law 96-39 (93 Stat. 144; July 26, 1979) (codified at
19 U.S.C. 2531-2533).
\14\ Public Law 104-4 (109 Stat. 66; Mar. 22, 1995) (codified at
2 U.S.C. 1181-1538).
---------------------------------------------------------------------------
Executive Orders 12866 and 13563 Assessment
Under the requirements of E.O. 12866, as amended by E.O. 14094, and
E.O. 13563, agencies must assess the costs and benefits of available
regulatory alternatives and, if regulation is necessary, select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). These requirements were supplemented by E.O.
13563, which emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
The Office of Management and Budget (OMB) has not designated this
interpretive rule a significant regulatory action under section 3(f) of
Executive Order 12866, as amended by Executive Order 14094.
Accordingly, OMB has not reviewed this regulatory action.
In conducting these analyses, TSA made the following
determinations:
1. This interpretive rule explains to the public, airport
personnel, screeners, and airlines, how TSA interprets certain
[[Page 73540]]
terms used in an existing rule, 49 CFR 1540.111.
2. This interpretive rule will not constitute a barrier to
international trade.
3. This interpretive rule does not impose an unfunded mandate on
State, Local, or Tribal governments, or on the private sector.
This interpretive rule provides an interpretation of an existing
regulation, 49 CFR 1540.111, to provide clarity regarding existing
prohibitions and to narrow the scope of the prohibition by permitting
certain compressed gas cylinders in checked baggage. As was the case
with previous interpretive rules narrowing the scope of the
prohibition,\15\ TSA does not anticipate that the public or industry
will bear any compliance costs associated with this interpretive rule.
---------------------------------------------------------------------------
\15\ See, e.g., 70 FR 51679 (Aug. 31, 2005) and 70 FR 72930
(Dec. 8, 2005).
---------------------------------------------------------------------------
The decision to allow a limited size and number of compressed gas
cylinders in checked baggage is made as part of TSA's overall risk-
based security approach and is consistent with the requirement to
review the prohibited items list in section 1962 of the TSA
Modernization Act of 2018.\16\
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\16\ See supra note 6.
---------------------------------------------------------------------------
Regulatory Flexibility Determination
The RFA requires that agencies consider the impacts of their rules
on small entities. 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 under 5 U.S.C. 553 as TSA is not required to
publish a notice of proposed rulemaking.
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. The Trade Agreement Act does not consider legitimate domestic
objectives, such as essential security, as unnecessary obstacles. The
statute also requires that international standards be considered 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 this interpretive rule would not have an adverse impact on
international trade.
Unfunded Mandates Assessment
Title II of UMRA, establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, Local, and
Tribal governments and the private sector. Title II of UMRA 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 interpretive rule does not contain such a mandate. The
requirements of Title II of UMRA, therefore, do not apply and TSA has
not prepared a statement.
Executive Order 13132, Federalism
A rule has implications for federalism under E.O. 13132 of August
10, 1999 (Federalism), if it has 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. TSA has analyzed this proposed rule under
E.O. 13132 and determined that it does not have implications for
federalism.
Environmental Analysis
TSA has reviewed this interpretive rule for purposes of the
National Environmental Policy Act of 1969 (NEPA) \17\ and has
determined that this action will not have a significant effect on the
human environment. This action is covered by categorical exclusion
number A3(b) in DHS Management Directive 023-01 (formerly Management
Directive 5100.1), Environmental Planning Program, which guides TSA
compliance with NEPA.
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\17\ As codified at 42 U.S.C. 4321-4347.
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Energy Impact
TSA assessed the energy impact of this action in accordance with
the Energy Policy and Conservation Act (EPCA),\18\ and determined that
this interpretive rule is not a major regulatory action under the
provisions of the EPCA.
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\18\ As codified at 42 U.S.C. 6362.
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Amendments to Interpretation
TSA is making the following changes to the prohibited items list:
1. Currently, section I.B(5) reads: ``Knives of any length, except
rounded-blade butter and plastic cutlery.'' TSA is revising this
section to read: ``Knives of any length, except plastic cutlery and
butter knives (the butter knife exception is limited to knives that are
round-bladed, blunt-edged, without serration, and no longer than a
common table knife.''
2. Currently, section I.B(7) reads: ``Razor-type blades, such as
box cutters, utility knives, and razor blades not in a cartridge, but
excluding safety razors. TSA is revising this section to read: ``Razor-
type blades, such as blades for box cutters, utility knives, and non-
disposable safety razors. This prohibition includes box cutter and
utility knife housings, with or without the razor blade, but excludes
disposable safety razors and disposable safety razor blade
cartridges.''
3. TSA is revising section I.C(4) to add cat-eyes, to read: ``Brass
knuckles, including cat-eyes.''
4. TSA added specific citations to regulatory cross-references in
Section III.A and III.B.
5. TSA is adding section III.E. to read: ``Compressed gas cylinders
for air guns. Subject to the following limitations, a passenger may
place air-powered rifles and pistols, components, ammunition, and
accessories in checked baggage: (1) only four gas cylinders
specifically intended for such rifles and pistols are permitted per
person, (2) all of the gas cylinders must be unpressurized, and (3)
none of the gas cylinders may exceed 24 inches in length, 3 inches in
diameter, or 0.1 cubic feet in total rated volume.''
6. TSA made technical corrections to update statutory references,
address typographical errors, and correct or clarify internal cross-
references.
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., 49 U.S.C. 44901 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, such as:
(1) BB guns.
(2) Compressed air guns.
(3) Firearms.
(4) Flare pistols.
(5) Gun lighters.
[[Page 73541]]
(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, such as:
(1) Axes and hatchets.
(2) Bows and arrows.
(3) Reserved.
(4) Ice axes/Ice picks.
(5) Knives of any length, except plastic cutlery and butter knives
(the butter knife exception is limited to knives that are round-bladed,
blunt-edged, without serration, and no longer than a common table
knife).
(6) Meat cleavers.
(7) Razor-type blades, such as box cutters, utility knives, and
non-disposable razors. This prohibition includes box cutter and utility
knife housings, with or without the blade, but excludes disposable
safety razors and disposable safety razor blade cartridges.
(8) Sabers.
(9) Reserved.
(10) Scissors, metal with pointed tips and a blade length greater
than 4 inches as measured from the fulcrum.
(11) Reserved.
(12) Swords.
(13) Throwing stars (martial arts).
C. Club-Like Items, such as:
(1) Baseball bats.
(2) Billy clubs.
(3) Blackjacks.
(4) Brass knuckles, including cat-eyes.
(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, such as:
(1) Aerosols, 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, such as:
(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, such as:
(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 7 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. The following 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 4 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, such as:
(1) Knitting and crochet needles.
(2) Toy Transformer[supreg] robots and the like.
(3) Toy weapons (if not realistic replicas).
C. The following types of tools:
(1) Pliers, screwdrivers, wrenches, and other tools 7 inches or
less in length, excluding crowbars, drills, hammers, and saws.
III. Items Prohibited in Sterile and Cabin Areas, but Permitted 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 the Department of Transportation's hazardous materials regulations
provided in 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)(9) and 49 CFR 171.8 for
other applicable requirements.
[[Page 73542]]
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. See 49 CFR 175.10(a)(8)
for other applicable requirements.
C. Unloaded firearms. A passenger may place an unloaded firearm or
starter pistol in checked baggage if the passenger makes the following
declarations to the airline operator, either orally or in writing,
before checking the baggage: (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. See 49 CFR 1540.111(c) for other
applicable requirements.
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.
E. Compressed gas cylinders for air guns. Subject to the following
limitations, a passenger may place air-powered rifles and pistols,
components, ammunition, and accessories in checked baggage: (1) only
four gas cylinders specifically intended for such rifles and pistols
are permitted per person, (2) all of the gas cylinders must be
unpressurized, and (3) none of the gas cylinders may exceed 24 inches
in length, 3 inches in diameter, or 0.1 cubic feet in total rated
volume.
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.
Dated: October 20, 2023.
David P. Pekoske,
Administrator.
[FR Doc. 2023-23653 Filed 10-25-23; 8:45 am]
BILLING CODE 9110-05-P