UNITED STATES DEPARTMENT OF TRANSPORTATION
Samsung Galaxy Note 7 Users
&
Air Carriers
)
)
)
)
Order No. FAA-2016-9288
EMERGENCY RESTRICTION/PROHIBITION ORDER
This Emergency Restriction/Prohibition Order (Order) is issued
by
the United States
Department
of
Transportation (DOT) pursuant to 49 U.S.C. § 512l(d) and will be effective at
12:00 pm (noon) Eastern Daylight Time (EDT), October 15, 2016. This Order is issued to all
persons who transport
or
offer a Samsung Galaxy Note 7 device for air transportation in
commerce within the
United States. Individuals who own or possess a Samsung Galaxy Note 7
device may not transport the device on their person, in carry-on baggage, in checked baggage,
nor offer the device for air cargo shipment. This prohibition includes all
Samsung Galaxy Note
7 devices.
Samsung Galaxy Note 7 devices are properly classified as lithium ion batteries
contained in equipment, UN3481, Class 9 ( 49 CFR § 172.101 ).
By this
Order,
DOT
is:
* prohibiting persons from transporting or offering for air transportation a Samsung
Galaxy Note 7 device,
by
either carrying it on their person or in carry-on baggage when
boarding an aircraft, placing the
Samsung Galaxy Note 7 device in checked baggage, or
shipping it via air as cargo;
* requiring air carriers to alert passengers to the prohibition against air transport
of
a
Samsung Galaxy Note 7 device, in particular, immediately prior to boarding and to deny
boarding to a passenger in possession
of
a Samsung Galaxy Note 7 device unless and
2
until the passenger divests themselves and their baggage, including carry-on and checked,
of
the Samsung Galaxy Note 7 device;
*requiring that persons who inadvertently bring a
Samsung Galaxy Note 7 device onto
an aircraft immediately power
off
the device, do not use or charge the device while
aboard the aircraft, protect the device from accidental activation, including disabling any
features that may tum on the device, such as alarm clocks, and keep the device on their
person and not in the overhead compartment, seat back pocket, nor in any carry-on
baggage, for the duration
of
the flight; and
* requiring that
if
an air carrier flight crew member identifies that a passenger is in
possession
of
a Samsung Galaxy Note 7 device while the aircraft is in flight, the crew
member must instruct the passenger to power
off
the device, do not use or charge the
device while aboard the aircraft, protect the device from accidental activation, including
disabling any features that may tum on the device, such as alarm clocks, and keep the
device on their person and not in the overhead compartment, seat back pocket, nor
in
any
carry-on baggage, for the duration
of
the flight.
Upon information derived from the Samsung Galaxy Note 7 device recall issued
September
15,
2016, recent incidents
of
a dangerous evolution
of
heat with Samsung Galaxy
Note 7 replacement devices, Samsung's October
11,
2016 decision to stop manufacturing and
selling Samsung Galaxy Note 7 devices due to the inability to identify the root cause
of
the
incidents, and the U.S. Consumer Product Safety Commission (CPSC) recall
of
all Samsung
Galaxy Note 7 device issued October
13,
2016, the Secretary
of
Transportation (Secretary) has
found an unsafe condition and that an unsafe practice exists and constitutes an imminent hazard
3
to
the safety
of
air transportation. For more detailed information see "Background/Basis for
Order'' below.
EFFECTIVE AT
12:00 PM (NOON) EASTERN DAYLIGHT TIME, OCTOBER 15, 2016,
ANY PERSON IDENTIFIED
BY
THIS ORDER:
1)
Shall not transport, nor offer for transportation, via air a Samsung Galaxy Note 7
device. By virtue
of
this Order and the CPSC recalls, the Samsung Galaxy Note 7
devices are now forbidden for transportation by air. For purposes
of
this Order,
transporting or offering for transportation includes bringing a
Samsung Galaxy Note 7
device aboard an aircraft on your person (e.g., in your pocket), bringing a
Samsung
Galaxy Note 7 device aboard an aircraft in carry-on baggage, offering a Samsung Galaxy
Note 7 device in checked baggage, and offering a
Samsung Galaxy Note 7 device for air
cargo shipment (e.g. Federal Express or
United Parcel Service).
2) Shall ensure that a prohibited Samsung Galaxy Note 7 device inadvertently
brought aboard an aircraft is immediately powered off, not used or charged while aboard
the aircraft, protected from accidental activation, including disabling any features that
may tum on the device, such as alarm clocks, and kept on their person and not in the
overhead compartment, seat back pocket, nor in any carry-on baggage, for the duration
of
the flight.
·AIR CARRIER
REQUIREMENTS
By virtue
of
this Order and the CPSC recalls, the Samsung Galaxy Note 7 device is a
forbidden hazardous material. In accordance with 49
CFR
part 175, air carriers must not accept
these devices for air transportation by knowingly permitting a passenger to board an aircraft with
a
Samsung Galaxy Note 7 device. Damaged or recalled lithium ion batteries, including those
contained in equipment, are not permitted to be transported by air, and a Samsung Galaxy Note 7
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device is categorized as "forbidden." 49 CFR § 173.2l(c). Air carriers are required to make
passengers aware
of
the prohibition against transport
of
Samsung Galaxy Note 7 devices aboard
aircraft
on
their person, in carry-on or checked baggage, and as air cargo. Air carriers must also
alert passengers to this prohibition immediately prior to boarding.
If
an air carrier representative
identifies that a passenger is in possession
of
a Samsung Galaxy Note 7 device prior to boarding
the aircraft, the air carrier must deny boarding to the passenger unless and until the passenger
divests themselves, including
on
their person and in checked and carry-on baggage,
of
the
Samsung Galaxy Note 7 device.
If
an air carrier flight crew member identifies that a passenger
is
in possession
of
a Samsung Galaxy Note 7 device while the aircraft is in flight, the crew
member must instruct the passenger to power
off
the device, not use
or
charge the device while
aboard the aircraft, protect the device from accidental activation, including disabling any features
that may turn on the device, such as alarm clocks, and keep the device
on
their person and not in
the overhead compartment, seat back pocket, nor in any carry-on baggage, for the duration
of
the
flight.
This
Order applies to all persons who transport Samsung Galaxy Note 7 devices, or offer
them for transportation, by air in commerce (as defined by 49
U.S.C. § 5102(1)) to, from, and
within the United
States, and their officers, directors, employees, subcontractors, and agents.
This
Order
is
AT 12:00 PM (NOON) Eastern Daylight Time (EDT), October 15, 2016, and
remains in effect unless rescinded in writing by the
Secretary, or until it otherwise expires
by
operation
of
regulation and/or law.
JURISDICTION
The Secretary has the authority to regulate the transportation
of
lithium ion batteries
contained in equipment in commerce. 49 U.S.C. § 5103(b). The Secretary has designated
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lithium ion batteries contained in equipment, UN 3481, as a hazardous material subject to the
requirements
of
the HMR. 49 U.S.C. § 5103(a); 49
CPR§
172.101. Persons who offer for
transportation, or transport, lithium ion batteries contained in equipment by air in commerce to,
from, and within the United States are a "person,"
as
defined by 49 U .S.C. § 5102(9), in addition
to
being a "person" under 1 U.S.C. § 1 and a "person who offers" as defined by 49 CFR § 171.8.
··commerce" is as defined by 49 U.S.C. § 5102(1) and 49 CFR § 171.8, and "transportation" or
··transport" are as defined by 49 U.S.C. 5102(13) and 49 CFR § 171.8. Accordingly, persons
who transport or offer for transportation lithium ion batteries contained in equipment in
commerce, including by air, are subject to the authority and jurisdiction
of
the Secretary
including the authority to impose emergency restrictions, prohibitions, recalls, or out-of-service
orders, without notice or an opportunity for hearing, to the extent necessary to abate the
imminent hazard. 49 U.S.C.
§ 512l(d).
BACKGROUND/BASIS FOR ORDER
An
imminent hazard, as defined by 49 U.S.C. § 5102(5), constitutes the existence
of
a
condition relating to hazardous materials that presents a substantial likelihood that death, serious
illness, severe personal injury, or a substantial endangerment to health, property, or the
environment may occur before the reasonably foreseeable completion date
of
a formal
proceeding begun to lessen the risk that death, illness, injury or endangerment may occur.
A Samsung Galaxy Note 7 device may cause an ignition or a dangerous evolution
of
heat
or become a fuel source for fire. Samsung and CPSC acknowledged this fact with the September
15.
2016 recall, Samsung's October
11,
2016 announcement that it was suspending the
manufacture and sale
of
the Samsung Galaxy Note 7 device, and the October 13, 2016 Samsung
and CPSC expanded recall covering all Samsung Galaxy Note 7 devices. Furthermore, persons
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have experienced incidents
of
dangerous evolution
of
heat with the recalled Samsung Galaxy
Note 7 devices. Just one fire incident poses a high risk
of
death, serious illness, severe personal
injury, and danger to property and the environment. This risk is magnified when the fire or
evolution
of
heat occurs aboard an aircraft during flight. Therefore, each offering and
transpmiation
of
a Samsung Galaxy Note 7 device constitutes an imminent hazard.
A. Samsung Galaxy Note 7 Recall and Incidents
On
September 15, 2016, Samsung and the CPSC recalled certain Samsung Galaxy Note 7
devices sold prior to September 15, 2016. The recall was based
on
a finding that the lithium ion
battery in a Samsung Galaxy Note 7 device
"can overheat and catch fire." Samsung offered
either a refund or replacement
Samsung Galaxy Note 7 device. Subsequently, there were
reported incidents
of
the replacement Samsung Galaxy Note 7 devices overheating and/or
catching fire. In a decision announced on October 11, 2016,
Samsung stopped production and
sale
of
Samsung Galaxy Note 7 devices.
On
October 13, 2016, Samsung and the CPSC
expanded the recall to include all Samsung Galaxy Note 7 devices because they "can overheat
and catch
fire."
B. DOT Actions to Mitigate the Safety Risk
of
Samsung Galaxy Note 7 Devices in Air
Transportation
In the wake
of
Samsung Galaxy Note 7 device incidents, the Federal Aviation
Administration (FAA) and
Pipeline and Hazardous Materials Safety Administration (PHMSA)
have taken a number
of
steps to mitigate the safety risk
of
Samsung Galaxy Note 7 devices
in
air
transportation.
On
September
8,
2016, the FAA issued a statement strongly advising passengers
not to turn on or charge a
Samsung Galaxy Note 7 device aboard an aircraft, nor stow a Samsung
Galaxy Note 7 device in any checked baggage. On September 15, 2016, PHMSA issued a Safety
Advisory Notice to inform
the public about the risks associated with transporting damaged,
defective, or recalled lithium batteries or portable electronic devices, including the Samsung
Galaxy Note 7 device recalled by the CPSC. The Safety Advisory Notice required that persons
who wish to carry the recalled
Samsung Galaxy Note 7 device aboard an aircraft must (1) turn
off
the device; (2) disconnect the device from charging equipment; (3) disable all applications
that could inadvertently activate the phone; protect the power switch to prevent its unintentional
activation; and ( 4) keep the device in carry-on baggage or on your person.
On September 16, 2016, the FAA issued general guidance to airlines about the rules for
carrying recalled or defective lithium batteries and lithium battery-powered devices aboard an
aircraft. Specifically, the FAA noted that
(1) U.S. hazardous materials regulations prohibit air
cargo shipments
of
recalled or defective lithium batteries and lithium battery-powered devices;
(2) passengers may not
tum
on or charge the devices when they carry them aboard the aircraft;
(3) passengers must protect the devices from accidental activation; and (4) passengers must not
pack them in checked baggage.
On September
16,
2016, the FAA issued a Safety Alert for
Operators (SAFO), recommending the following action by air operators: (1) ensure that operator
personnel responsible for cargo processing know and understand that damaged or recalled
lithium
batteries-including
those installed in equipment and
devices-are
forbidden on aircraft
as
air cargo; and (2) ensure that operator personnel responsible for passenger processing and
cabin safety know and understand that damaged or recalled lithium
batteries-including
those
installed in
devices-may
be restricted from carriage or use on the aircraft. On October 10,
2016, the FAA issued updated guidance on the Samsung Galaxy Note 7 device, urging
passengers aboard an aircraft to power down and not use, charge, or stow in checked baggage,
any
Samsung Galaxy Note 7 device.
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Notwithstanding the above DOT actions, and in light
of
continued risks identified
by
Samsung and CPSC associated with Samsung Galaxy Note 7 devices, the further action
described in this
Order is necessary to eliminate unsafe conditions that create an imminent
hazard to public health and safety and the environment.
REMEDIAL ACTION
To eliminate or abate the imminent hazard:
1)
Persons covered by this Order shall not transport, nor offer for transportation, via air
any
Samsung Galaxy Note 7 device.
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2) Air carriers are required to alert passengers to the prohibition against air transport
of
Samsung Galaxy Note 7 devices, in particular, immediately prior to boarding and to
deny boarding to a passenger in possession
of
a Samsung Galaxy Note 7 device
unless and until the passenger divests themselves and carry-on or checked baggage
of
the Samsung Galaxy Note 7 device.
3) Persons covered by this Order who inadvertently bring a prohibited Samsung Galaxy
Note 7 device aboard an aircraft must immediately power
off
the device, leave it
powered
off
until no longer aboard the aircraft, not use or charge the device while
aboard the aircraft, protect the device from accidental activation, including disabling
any features that may turn on the device, such as alarm clocks, and keep the device on
their person and not in the overhead compartment, seat back pocket, nor in any carry-
on baggage, for the duration
of
the flight.
4) When a flight crew member identifies that a passenger is in possession
of
a Samsung
Galaxy Note 7 device while the aircraft is in flight, the crew member must instruct the
passenger to power
off
the device, not use or charge the device while aboard the
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aircraft, protect the device from accidental activation, including disabling any features
that
may
tum
on the device, such as alarm clocks, and keep the device
on
their person
and not
in
the overhead compartment, seat back pocket, nor in any carry-on baggage,
for the duration
of
the flight.
RESCISSION OF THIS ORDER
This Order remains
in
effect until the Secretary determines that
an
imminent hazard no
longer exists or a change in applicable statute or federal regulation occurs that supersedes the
requirements
of
this Order,
in
which case the Secretary will issue a Rescission Order.
FAILURE TO COMPLY
Any person failing to comply with this Order is subject to civil penalties
of
up to
$179,933 for each violation for each day they are found to be in violation (49 U.S.C. § 5123). A
person violating this Order may also be subject to criminal prosecution, which may result in fines
under title 18, imprisonment
of
up to ten years, or both (49 U.S.C. § 5124).
RIGHT TO REVIEW
Pursuant to
49
U.S.C. § 512l(d)(3) and in accordance with section 554
of
the
Administrative Procedure Act (APA), 5
U.S.C.
§§
500 et seq, a review
of
this action may be
filed.
Any
petition seeking relief must be filed within 20 calendar days
of
the date
of
this order
(49
U.S.C. § 512l(d)(3)), and addressed to U.S.
DOT
Dockets, U.S. Department
of
Transportation, 1200
New
Jersey Avenue, S.E., Room
Wl2-140,
Washington, DC 20590
(http://Regulations.gov). Furthermore, a petition for review must state the material facts at issue
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which the petitioner believes dispute the existence
of
an imminent hazard and must include all
evidence and exhibits to be considered. The petition must also state the relief sought. Within
30
days from the date the petition for review is filed, the Secretary must approve or deny the relief
in
writing; or find that the imminent hazard continues to exist, and extend the original
Emergency
Order. In response to a petition for review, the Secretary
may
grant the requested
relief in whole or in part; or may order other relief as justice may require (including the
immediate assignment the case to the
Office
of
Hearings for a formal hearing on the record).
EMERGENCY
CONTACT OFFICIAL
If
you have any questions concerning this Emergency Restriction/Prohibition Order, you
should call
PHMSA Hazardous Materials Information Center at 1-800-467-4922 or email at
Dated:
October 14, 2016
Anthony
R.
Foxx
Secretary
of
Transportation
