Allowing Scissors for Ostomates on Airlines

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Changes in the rules. Good news for once.

Priscilla A. Savary

Executive Director

Colorectal Cancer Network

PO Box 182, Kensington MD 20895

psavary@...

www.colorectal-cancer.net

_________

Screening for All. Colon Cancer for None.

ProjectMARCH -- rarely in life do you get a chance to make major change or

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http://www.colorectal-cancer.net/projectmarch.htm

> [Federal Register: August 31, 2005 (Volume 70, Number 168)]

> [Rules and Regulations] [Page 51679-51682]

>>From the Federal Register Online via GPO Access [wais.access.gpo.gov]

> [DOCID:fr31au05-20]

> -----------------------------------------------------------------------

>

> DEPARTMENT OF HOMELAND SECURITY

>

> Transportation Security Administration

>

> 49 CFR Part 1540

>

> RIN 1652-ZA05

>

>

> Prohibited Items; Allowing Scissors for Ostomates

>

> AGENCY: Transportation Security Administration (TSA), DHS.

>

> ACTION: Interpretive rule.

>

> -----------------------------------------------------------------------

>

> SUMMARY: This document amends the Transportation Security Administration's

> (TSA) interpretive rule that provides guidance to the public on the types

> of property that TSA considers weapons, explosives, and incendiaries

> prohibited in airport sterile areas, in the cabins of aircraft, or in

> passengers' checked baggage. This document also amends TSA's guidance on

> the types of items permitted in sterile areas, the cabins of aircraft, and

> in passengers' checked baggage. This document adds as permitted items

> certain small scissors that persons with ostomies need.

>

> DATES: Effective August 29, 2005.

>

> FOR FURTHER INFORMATION CONTACT: Cammoroto, Office of the Chief

> Operating Officer, TSA-18, Transportation Security Administration, 601

> South 12th Street, Arlington, VA 22202-4220; telephone .

>

> SUPPLEMENTARY INFORMATION:

>

> Availability of Documents

>

> You can get an electronic copy using the Internet by--

> (1) Searching the Department of Transportation's electronic Docket

> Management System (DMS) Web page (http://dms.dot.gov/search

>

http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=lin\

klog&to=http://dms.dot.gov/search>);

> (2) Accessing the Government Printing Office's Web page at http://

>

http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=lin\

klog&to=http://>

>

> http://www.access.gpo.gov/su_docs/aces/aces140.html; or

>

> (3) Visiting TSA's Law and Policy Web page at http://www.tsa.gov

>

http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=lin\

klog&to=http://www.tsa.gov>

> and accessing the link for ``Law and Policy'' at the top of the page.

> In addition, copies are available by writing or calling the individual

> in the FOR FURTHER INFORMATION CONTACT section. Make sure to identify the

> docket number of this rulemaking.

>

> Statutory and Regulatory Background

>

> TSA is an agency in the Department of Homeland Security (DHS),

> operating under the direction of the Assistant Secretary for Homeland

> Security (Transportation Security Administration). TSA is responsible for

> security in all modes of transportation, including aviation. See 49 U.S.C.

> 114(d). Under TSA's regulation on acceptance and screening of individuals

> and accessible property, 49 CFR 1540.111, an individual (other than a law

> enforcement or other authorized individual)--

>

> ``* * * may not have a weapon, explosive, or incendiary, on or about

> the individual's person or accessible property--

> (1) When performance has begun of the inspection of the individual's

> person or accessible property before entering a sterile area, or before

> boarding an aircraft for which screening is conducted under Sec. 1544.201

> or Sec. 1546.201 of this chapter;

> (2) When the individual is entering or in a sterile area; or

> (3) When the individual is attempting to board or onboard an aircraft

> for which screening is conducted under Sec. 1544.201 or Sec. 1546.201 of

> this chapter.''

>

> On February 14, 2003, TSA published an interpretive rule that provided

> guidance to the public on the types of property TSA considers to be

> weapons, explosives, and incendiaries prohibited on an individual's person

> or accessible property, items permitted on an individual's person or

> accessible property, and items prohibited in checked baggage (68 FR 7444).

> On March 3, 2003, TSA subsequently published technical corrections to the

> interpretive rule at 68 FR 9902.

> On December 17, 2004, the President signed into law the Intelligence

> Reform and Terrorism Prevention Act of 2004 (IRTPA) (Pub. L. 108-458).

> Section 4025 of IRTPA in part requires TSA to add butane lighters to its

> list of prohibited items and to make any other modifications to the

> prohibited items list that TSA considers appropriate. Accordingly, on

> March 1, 2005, TSA published an amendment to the interpretive rule (70 FR

> 9877) adding all lighters to the list of prohibited items. TSA now is

> modifying the interpretive rule to provide an exception for certain

> scissors used by ostomates.

>

> Small Ostomy Scissors Are Now Permitted

>

> Under the interpretive rule, TSA presently considers all metal scissors

> with pointed tips to be weapons. Therefore, individuals are prohibited

> from carrying these types of scissors in an airport sterile area or in the

> cabin of an aircraft. Metal scissors with blunt tips and plastic scissors

> are permitted.

> TSA is modifying the interpretive rule to exempt from the prohibited

> items list ostomy scissors. An ostomate is a person who has undergone a

> surgical procedure known as ostomy, which involves creating an opening in

> the person's abdomen. The opening is called a stoma. Human waste passes

> through the stoma into a collection pouch. An ostomy appliance consists of

> a positioning plate (or wafer or flange) that attaches to the collection

> pouch surrounding the stoma. Because no two stomas are alike, few

> ostomates can use manufactured pre-cut wafers. The ostomate, by using a

> chart provided with the collection pouch, must use pointed scissors to cut

> out the appropriate size of the cut-to-fit positioning plate. Round or

> dull scissors will not easily penetrate or cut through the positioning

> plate's heavy rubber or neoprene material. The adhesive backing that

> attaches the plate to the skin around the stoma increases the solidity of

> the material.

> The collection pouch must be changed, and the stoma cleaned, each time

> the pouch fills up. The schedule

>

> [[Page 51680]]

>

> for changing collection pouches varies for each person, from every 3 to 24

> hours. If the collection pouch is not emptied when it fills, and the stoma

> cleaned thoroughly and timely, the accumulation of waste can lead to

> infection.

> There are estimated to be 750,000 ostomates in the United States. While

> there are no statistics on the number of ostomates who use air

> transportation, it is likely that a large proportion of these individuals

> currently are unable to travel by air because they cannot carry scissors

> needed to care for their condition. TSA has heard from individuals with

> ostomies that they avoid air travel in part because they cannot have the

> scissors they need.

> Allowing this limited exception to TSA's prohibition on metal pointed

> scissors removes a significant barrier to ostomates traveling by air

> without weakening aviation security. There have been a number of

> enhancements to civil aviation security since TSA first assumed

> responsibility for security screening. These improvements include improved

> screening procedures and equipment as well as better and more thorough

> training for security screeners. As mandated by the Federal Aviation

> Administration, domestic and foreign air carriers serving the United

> States have installed hardened cockpit doors on aircraft in order to

> protect and secure the flight deck. The Bureau of Immigration and Customs

> Enforcement has greatly increased the deployment of Federal Air Marshals

> to detect, deter, and defeat hostile acts onboard flights. Under the

> Federal Flight Deck Officer Program (FFDO) there are an increasing number

> of volunteer pilots who are trained and equipped to defend the flight

> decks of passenger aircraft against acts of criminal violence and air

> piracy. Based on these and other improvements to civil aviation security,

> TSA has determined that measures are in place to mitigate any threat posed

> by the limited number of scissors that may be carried aboard aircraft by

> ostomates.

> This action is consistent with other exceptions TSA has created to

> address medical needs in other situations, such as the exception for

> syringes, jet injectors, lancets, and needles used by individuals in the

> treatment of diabetes. In recognition of the special needs of ostomates

> and in light of the additional security measures now in place, TSA is

> creating an exception to the prohibition against carrying metal pointed

> scissors. In general, metal scissors with pointed tips will continue to be

> prohibited. However, TSA will no longer prohibit ostomy scissors with

> pointed tips with an overall length, including blades and handle, of four

> inches or less, when accompanied by an ostomate supply kit containing

> related supplies, such as collection pouches, wafers, positioning plates,

> tubing, or adhesives.

>

> Other Technical Changes

>

> TSA also is making three technical changes to the interpretive rule.

> First, we are removing section III.5 (now section III. E.), because it

> duplicates section III.1 (now section III A.). Second, we are amending

> section II.B(2), which makes clear that toy Transformer robots are

> permitted. The amendment broadens the current category to cover similar

> toys and adds a trademark designation. Finally, we are adjusting the

> format of section III in order to make it consistent with the other

> sections.

>

> Regulatory Impact Analyses

>

> Changes to Federal regulations must undergo several economic analyses.

> First, Executive Order 12866, Regulatory Planning and Review (58 FR 51735,

> October 4, 1993), directs each Federal agency to propose or adopt a

> regulation only upon a reasoned determination that the benefits of the

> intended regulation justify its costs. Second, the Regulatory Flexibility

> Act of 1980 (5 U.S.C. 601 et seq., as amended by the Small Business

> Regulatory Enforcement Fairness Act of 1996) requires agencies to analyze

> the economic impact of regulatory changes on small entities. Third, the

> Office of Management and Budget directs agencies to assess the effect of

> regulatory changes on international trade. Fourth, the Unfunded Mandates

> Reform Act of 1995 (2 U.S.C. 1531-

> 1538) requires agencies to prepare a written assessment of the costs,

> benefits, and other effects of proposed or final rules that include a

> Federal mandate likely to result in the expenditure by State, local, or

> tribal governments, in the aggregate, or by the private sector, of $100

> million or more annually (adjusted for inflation).

>

> Executive Order 12866 Assessment

>

> This rule explains to the public, airport personnel, screeners, and

> airlines how TSA interprets certain terms used in an existing rule, 49 CFR

> 1540.111. This interpretative rule is not considered an economically

> significant regulatory action for purposes of Executive Order 12866.

> However, there has been significant public interest in aviation security

> issues since the terrorist attacks of September 11, 2001. Therefore, this

> rule is significant for purposes of Executive Order 12866 and has been

> reviewed by the Office of Management and Budget (OMB).

>

> Regulatory Flexibility Determination

>

> The Regulatory Flexibility Act (RFA) of 1980 requires that agencies

> perform a review to determine whether a proposed or final rule will have a

> significant economic impact on a substantial number of small entities. If

> the determination is that it will, the agency must prepare a regulatory

> flexibility analysis as described in the RFA. For purposes of the RFA,

> small entities include small businesses, not-for-profit organizations, and

> small governmental jurisdictions. Individuals and States are not included

> in the definition of a small entity.

> The RFA does not apply to this interpretive rule and TSA is not

> preparing an analysis for the Act, since under 5 U.S.C. 553, TSA is not

> required to publish a notice of proposed rulemaking. Nonetheless, because

> this rule will not impose any costs on the public, we have determined and

> certify that this rule does not have a significant economic impact on a

> substantial number of small entities.

>

> International Trade Impact Assessment

>

> The Trade Agreement Act of 1979 prohibits Federal agencies from

> establishing any standards or engaging in related activities that create

> unnecessary obstacles to the foreign commerce of the United States.

> Legitimate domestic objectives, such as safety, are not considered

> unnecessary obstacles. The statute also requires consideration of

> international standards and, where appropriate, that they be the basis for

> U.S. standards. TSA has assessed the potential effect of this

> interpretative rule and has determined that it will impose the same costs

> on domestic and international entities and thus has a neutral trade

> impact.

>

> Unfunded Mandates Assessment

>

> The Unfunded Mandates Reform Act of 1995 is intended, among other

> things, to curb the practice of imposing unfunded Federal mandates on

> State, local, and tribal governments. Title II of the Act requires each

> Federal agency to prepare a written statement assessing the effects of any

> Federal mandate in a proposed or final agency rule that may result in a

> $100 million or more expenditure (adjusted annually for inflation) in any

> one year by State, local, and tribal governments, in the aggregate, or by

> the private sector; such a mandate is deemed to be a ``significant

> regulatory action.''

> This rulemaking does not contain such a mandate. The requirements of

> Title II of the Act, therefore, do not apply and TSA has not prepared a

> statement under the Act.

>

> [[Page 51681]]

>

> Executive Order 13132, Federalism

>

> TSA has analyzed this interpretive rule under the principles and

> criteria of Executive Order 13132, Federalism. We have determined that

> this action will not have a substantial direct effect on the States, on

> the relationship between the National Government and the States, or on the

> distribution of power and responsibilities among the various levels of

> government, and therefore will not have federalism implications.

>

> Environmental Analysis

>

> TSA has reviewed this action for purposes of the National Environmental

> Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has determined that

> this action will not have a significant effect on the human environment.

>

> Energy Impact

>

> The energy impact of this action has been assessed in accordance with

> the Energy Policy and Conservation Act (EPCA) Public Law 94-163, as

> amended (42 U.S.C. 6362). We have determined that this rulemaking is not a

> major regulatory action under the provisions of the EPCA.

>

> Amendments to Interpretation

>

> TSA is making the following changes to the prohibited items list:

> 1. Section I.B(10) is amended to read ``Scissors, metal with pointed

> tips, except ostomy scissors with pointed tips with an overall length,

> including blades and handle, of four inches or less, when accompanied by

> an ostomate supply kit containing related supplies, such as collection

> pouches, wafers, positioning plates, tubing, or adhesives.''

> 2. Section II.A(17) is amended to read ``Scissors, plastic or metal

> with blunt tips; and ostomy scissors with pointed tips with an overall

> length, including blades and handle, of four inches or less, when

> accompanied by an ostomate supply kit containing related supplies, such as

> collection pouches, wafers, positioning plates, tubing, or adhesives.''

> 3. Section II.B(2) is amended to read ``Toy Transformer[supreg] robots

> and the like.''

> 4. Section III(5) (now section III E.) is amended to read ``Reserved.''

> 5. Sections III(1) through (5) are redesignated as Sections III.A.

> through E.

>

> Text of Interpretive Rule

>

> The following is the list of prohibited items and permitted items

> reprinted in its entirety, with the changes inserted.

>

> Prohibited Items and Permitted Items Interpretation

>

> I. Prohibited Items. For purposes of 49 U.S.C. 40101 et seq. and 49 CFR

> 1540.111, TSA interprets the terms ``weapons, explosives, and

> incendiaries'' to include the items listed below. Accordingly, passengers

> may not carry these items as accessible property or on their person

> through passenger screening checkpoints or into airport sterile areas and

> the cabins of a passenger aircraft.

> A. Guns and Firearms.

> (1) BB guns.

> (2) Compressed air guns.

> (3) Firearms.

> (4) Flare pistols.

> (5) Gun lighters.

> (6) Parts of guns and firearms.

> (7) Pellet guns.

> (8) Realistic replicas of firearms.

> (9) Spear guns.

> (10) Starter pistols.

> (11) Stun guns/cattle prods/shocking devices.

> B. Sharp Objects.

> (1) Axes and hatchets.

> (2) Bows and arrows.

> (3) Drills, including cordless portable power drills.

> (4) Ice axes/Ice picks.

> (5) Knives of any length, except rounded-blade butter and plastic

> cutlery.

> (6) Meat cleavers.

> (7) Razor-type blades, such as box cutters, utility knives, and razor

> blades not in a cartridge, but excluding safety razors.

> (8) Sabers.

> (9) Saws, including cordless portable power saws.

> (10) Scissors, metal with pointed tips, except ostomy scissors with

> pointed tips with an overall length, including blades and handle, of four

> inches or less, when accompanied by an ostomate supply kit containing

> related supplies, such as collection pouches, wafers, positioning plates,

> tubing, or adhesives.

> (11) Screwdrivers (except those in eyeglass repair kits).

> (12) Swords.

> (13) Throwing stars (martial arts).

> C. Club-Like Items.

> (1) Baseball bats.

> (2) clubs.

> (3) Blackjacks.

> (4) Brass knuckles.

> (5) Cricket bats.

> (6) Crowbars.

> (7) Golf clubs.

> (8) Hammers.

> (9) Hockey sticks.

> (10) Lacrosse sticks.

> (11) Martial arts weapons, including nunchucks, and kubatons.

> (12) Night sticks.

> (13) Pool cues.

> (14) Ski poles.

> (15) Tools including, but not limited to, wrenches and pliers.

> D. All Explosives, Including

> (1) Ammunition.

> (2) Blasting caps.

> (3) Dynamite.

> (4) Fireworks.

> (5) Flares in any form.

> (6) Gunpowder.

> (7) Hand grenades.

> (8) Plastic explosives.

> (9) Realistic replicas of explosives.

> E. Incendiaries.

> (1) Aerosol, any, except for personal care or toiletries in limited

> quantities.

> (2) Fuels, including cooking fuels and any flammable liquid fuel.

> (3) Gasoline.

> (4) Gas torches, including micro-torches and torch lighters.

> (5) Lighter fluid.

> (6) Strike-anywhere matches.

> (7) Turpentine and paint thinner.

> (8) Realistic replicas of incendiaries.

> (9) All lighters.

> F. Disabling Chemicals and Other Dangerous Items.

> (1) Chlorine for pools and spas.

> (2) Compressed gas cylinders (including fire extinguishers).

> (3) Liquid bleach.

> (4) Mace.

> (5) Pepper spray.

> (6) Spillable batteries, except those in wheelchairs.

> (7) Spray Paint.

> (8) Tear gas.

> II. Permitted Items. For purposes of 49 U.S.C. 40101 et seq. and 49 CFR

> 1540.111, TSA does not consider the items on the following lists as

> weapons, explosives, and incendiaries because of medical necessity or

> because they appear to pose little risk if, as is required, they have

> passed through screening. Therefore, passengers may carry these items as

> accessible property or on their person through passenger screening

> checkpoints and into airport sterile areas and the cabins of passenger

> aircraft.

> A. Medical and Personal Items.

> (1) Braille note taker, slate and stylus, and augmentation devices.

> (2) Cigar cutters.

> (3) Corkscrews.

> (4) Cuticle cutters.

> (5) Diabetes-related supplies/equipment (once inspected to ensure

> prohibited items are not concealed), including: insulin and insulin loaded

> dispensing products; vials or box of individual vials; jet injectors;

> pens; infusers; and preloaded syringes; and an unlimited number of unused

> syringes, when accompanied by insulin; lancets;

>

> [[Page 51682]]

>

> blood glucose meters; blood glucose meter test strips; insulin pumps; and

> insulin pump supplies.

> Insulin in any form or dispenser must be properly marked with a

> professionally printed label identifying the medication or manufacturer's

> name or pharmaceutical label.

> (6) Eyeglass repair tools, including screwdrivers.

> (7) Eyelash curlers.

> (8) Knives, round-bladed butter or plastic.

> (9) [Reserved]

> (10) Matches (maximum of four books, strike on cover, book type).

> (11) Nail clippers.

> (12) Nail files.

> (13) Nitroglycerine pills or spray for medical use, if properly marked

> with a professionally printed label identifying the medication or

> manufacturer's name or pharmaceutical label.

> (14) Personal care or toiletries with aerosols, in limited quantities.

> (15) Prosthetic device tools and appliances (including drill,

> wrenches, pullsleeves) used to put on or remove prosthetic devices, if

> carried by the individual with the prosthetic device or his or her

> companion.

> (16) Safety razors (including disposable razors).

> (17) Scissors, plastic or metal with blunt tips; and ostomy scissors

> with pointed tips with an overall length, including blades and handle, of

> four inches or less, when accompanied by an ostomate supply kit containing

> related supplies, such as collection pouches, wafers, positioning plates,

> tubing, or adhesives.

> (18) Tweezers.

> (19) Umbrellas (once inspected to ensure prohibited items are not

> concealed).

> (20) Walking canes (once inspected to ensure prohibited items are not

> concealed).

> B. Toys, Hobby Items, and Other Items Posing Little Risk.

> (1) Knitting and crochet needles.

> (2) Toy Transformer® robots and the like.

> (3) Toy weapons (if not realistic replicas).

> III. Items Prohibited in Sterile and Cabin Areas, but that May Be

> Placed in Checked Baggage. Passengers may place prohibited items other

> than explosives, incendiaries, disabling chemicals and other dangerous

> items (other than individual self-defense sprays as noted below), and

> loaded firearms in their checked baggage, subject to any limitations

> provided in DOT's hazardous materials regulation. 49 CFR part 175.

> A. Pepper spray or mace. A passenger may have one self-defense spray,

> not exceeding 4 fluid ounces by volume that incorporates a positive means

> to prevent accidental discharge. See 49 CFR 175.10(a)(4)(ii).

> B. Small arms ammunition. A passenger may place small arms ammunition

> for personal use in checked baggage, but only if securely packed in fiber,

> wood or metal boxes, or other packaging specifically designed to carry

> small amounts of ammunition. 49 CFR 175.10(a)(5).

> C. Unloaded firearms. A passenger may place an unloaded firearm or

> starter pistol in a checked bag if the passenger declares to the airline

> operator, either orally or in writing, before checking the baggage, that

> the passenger has a firearm in his or her bag and that it is unloaded; the

> firearm is carried in a hard-sided container; and the container is locked,

> and only the passenger has the key or combination. 49 CFR 1540.111©.

> D. Club-like items. A passenger also may transport club-like objects

> and sharp objects in checked baggage, as long as they do not contain

> explosives or incendiaries.

> E. [Reserved.]

> IV. Lists are not Exclusive. Neither the prohibited items list nor the

> permitted items list contains all possible items. A screener has

> discretion to prohibit an individual from carrying an item into a sterile

> area or onboard an aircraft if the screener determines that the item is a

> weapon, explosive, or incendiary, regardless of whether the item is on the

> prohibited items list or the permitted items list. For example, if a cigar

> cutter or other article on the permitted list appears unusually dangerous,

> the screener may refuse to allow it in sterile areas. Similarly, screeners

> may allow individuals to bring items into the sterile area that are not on

> the permitted items list. In addition, items may be prohibited from the

> cabin of an aircraft, or allowed in only limited quantities, by Department

> of Transportation regulations governing hazardous materials. Individuals

> with questions about the carriage of hazardous materials on passenger

> aircraft may call the Hazardous Materials Information Center at

> 1- for more information.

>

> Issued in Arlington, Virginia, August 26, 2005.

> Kip Hawley,

> Assistant Secretary.

> [FR Doc. 05-17392 Filed 8-29-05; 8:47 am]

> BILLING CODE 4910-62-P

>

>

> Roxanne Yaghoubi

> Administrative/Legislative Assistant

> Health and Medicine Counsel of Washington

> 507 Capitol Court, NE, Suite 200

> Washington, DC 20002

> PH: 202 544-7499

> Fax: 202 546-7105

>

>