81 FR 71983 - Hazardous Materials: Emergency Restriction/Prohibition Order
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 202 (October 19, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 202 (October 19, 2016)
| Page Range | 71983-71986 | |
| FR Document | 2016-25322 |
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)] [Rules and Regulations] [Pages 71983-71986] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25322] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Chapter I [Docket No. FAA-2016-9288] Hazardous Materials: Emergency Restriction/Prohibition Order AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Emergency restriction/prohibition order. ----------------------------------------------------------------------- SUMMARY: This document provides Emergency Restriction/Prohibition Order No. FAA-2016-9288, issued October 14, 2016 and effective at 12 p.m. (noon) Eastern Daylight Time (EDT), October 15, 2016 to Samsung Galaxy Note 7 Users and air carriers. The Emergency Order prohibits persons from offering for air transportation or transporting via air any Samsung Galaxy Note 7 device on their person, in carry-on baggage, in checked baggage, or as cargo; requires individuals who [[Page 71984]] inadvertently bring a Samsung Galaxy Note 7 device onto an aircraft immediately 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; requires air carriers 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 their baggage of the Samsung Galaxy Note 7 device; and requires 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 and not to use or charge the device onboard the aircraft and 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. DATES: The Emergency Restriction/Prohibition Order provided in this document is effective at 12 p.m. (noon) Eastern Daylight Time (EDT) on October 15, 2016. FOR FURTHER INFORMATION CONTACT: Ryan Landers, Office of the Chief Counsel, Federal Aviation Administration, 1701 Columbia Ave., College Park, GA 30337; telephone: (404)-305-5200; email: [email protected]. SUPPLEMENTARY INFORMATION: The full text of Emergency Restriction/ Prohibition Order No. FAA-2016-9288 issued October 14, 2016 is as follows: This Emergency Restriction/Prohibition Order (Order) is issued by the United States Department of Transportation (DOT) pursuant to 49 U.S.C. 5121(d) and will be effective at 12:00 p.m. (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 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 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; 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 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. 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 to the safety of air transportation. For more detailed information see ``Background/Basis for Order'' below. Effective at 12 p.m. (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 turn 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 device is categorized as ``forbidden.'' 49 CFR 173.21(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 [[Page 71985]] 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 effective at 12 p.m. (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 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 CFR 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. 5121(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 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 transportation 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 turn 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 [[Page 71986]] 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. 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. (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 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. 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. 5121(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. 5121(d)(3)), and addressed to U.S. DOT Dockets, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590 (http://Regulations.gov). Furthermore, a petition for review must state the material facts at issue 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 [email protected]. Issued in Washington, DC, on October 14, 2016. Patricia A. McNall, Deputy Chief Counsel, Federal Aviation Administration. [FR Doc. 2016-25322 Filed 10-14-16; 4:15 pm] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations 71983
awards made to a joint venture, a joint § 124.112 [Amended] Administration, 409 Third Street SW.,
venture: Must be in writing and must do ■ 5. Amend § 124.112 by adding the Washington, DC 20416; 202–205–5353;
business under its own name; must be word ‘‘and’’ at the end of paragraph michael.mclaughlin@sba.gov.
identified as a joint venture in the (b)(8), removing paragraph (b)(9), and SUPPLEMENTARY INFORMATION: SBA
System for Award Management (SAM); redesignating paragraph (b)(10) as published a final rule in the Federal
may be in the form of a formal or paragraph (b)(9). Register on May 31, 2016 (81 FR 34243).
informal partnership or exist as a ■ 6. Amend § 124.513 by revising That rule amended § 125.6. On July 25,
separate limited liability company or paragraph (c)(4) to read as follows: 2016, SBA published a separate final
other separate legal entity; and, if it rule in the Federal Register (81 FR
exists as a formal separate legal entity, § 124.513 Under what circumstances can a 48557) that purported to amend § 125.6
may not be populated with individuals joint venture be awarded an 8(a) contract? by removing ‘‘§ 125.15’’ from the
intended to perform contracts awarded * * * * * introductory text of paragraph (b) and
to the joint venture (i.e., the joint (c) * * * adding in its place ‘‘§ 125.18’’ and by
venture may have its own separate (4) Stating that the 8(a) Participant(s) removing ‘‘§ 125.15(b)(3)’’ from
employees to perform administrative must receive profits from the joint paragraph (b)(5) and adding in its place
functions, but may not have its own venture commensurate with the work ‘‘§ 125.18(b)(3)’’. These amendments
separate employees to perform contracts performed by the 8(a) Participant(s); could not be implemented as instructed
awarded to the joint venture). SBA may * * * * * because paragraph 125.6 (b) does not
also determine that the relationship contain the text to be removed. These
between a prime contractor and its PART 126—HUBZONE PROGRAM changes inadvertently failed to take into
subcontractor is a joint venture, and that account the amendments made to
affiliation between the two exists, ■ 7. The authority citation for part 126 § 125.6 by the final rule published on
pursuant to paragraph (h)(5) of this continues to read as follows: May 31, 2016. This correction removes
section. For purposes of this paragraph Authority: 15 U.S.C. 632(a), 632(j), 632(p), the instruction to amend § 125.6
(h), contract refers to prime contracts, 644; and 657a; Pub. L. 111–240, 24 Stat. published on July 25, 2016, in 81 FR
and any subcontract in which the joint 2504. 48558.
venture is treated as a similarly situated In the FR Rule Doc. No. 2016–16399
§ 126.615 [Amended]
entity as the term is defined in part 125 in the issue of July 25, 2016, beginning
of this chapter. ■ 8. Amend § 126.615 by removing on page 48557, make the following
* * * * * ‘‘§ 126.618(d)’’ and adding in its place correction:
‘‘§ 126.618’’. ■ On page 48585, in the third column,
§ 121.702 [Amended] remove amendatory instruction 34 in its
A. John Shoraka,
■ 3. Amend § 121.702(b)(1)(i) by adding Associate Administrator for Government entirety and the amendment to § 125.6.
the words ‘‘an Indian tribe, ANC or Contracting and Business Development. A. John Shoraka,
NHO (or a wholly owned business [FR Doc. 2016–25080 Filed 10–18–16; 8:45 am] Associate Administrator for Government
entity of such tribe, ANC or NHO),’’ BILLING CODE 8205–01–P Contracting and Business Development.
before the words ‘‘or any combination of [FR Doc. 2016–24832 Filed 10–18–16; 8:45 am]
these’’. BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
PART 124—8(A) BUSINESS
DEVELOPMENT/SMALL 13 CFR Part 125
DISADVANTAGED BUSINESS STATUS DEPARTMENT OF TRANSPORTATION
RIN 3245–AG24
DETERMINATIONS Federal Aviation Administration
Small Business Mentor Protégé
■ 3. The authority citation for part 124 Programs; Correction 14 CFR Chapter I
continues to read as follows:
AGENCY: U.S. Small Business [Docket No. FAA–2016–9288]
Authority: 15 U.S.C. 634(b)(6), 636(j), Administration.
637(a), 637(d), 644 and Pub. L. 99–661, Pub. Hazardous Materials: Emergency
ACTION: Final rule; correction.
L. 100–656, sec. 1207, Pub. L. 101–37, Pub. Restriction/Prohibition Order
L. 101–574, section 8021, Pub. L. 108–87,
SUMMARY: The U.S. Small Business
and 42 U.S.C. 9815. AGENCY: Federal Aviation
Administration (SBA) published a final
rule in the Federal Register on July 25, Administration (FAA), DOT.
■ 4. Amend § 124.110 by revising
2016, (81 FR 48557) to, among other ACTION: Emergency restriction/
paragraph (g) to read as follows:
things, implement provisions of the prohibition order.
§ 124.110 Do Native Hawaiian National Defense Authorization Act of
Organizations have any special rules for SUMMARY: This document provides
2013, which pertain to performance Emergency Restriction/Prohibition
applying to the 8(a) BD program? requirements applicable to small Order No. FAA–2016–9288, issued
* * * * * business and socioeconomic program October 14, 2016 and effective at 12
(g) An NHO-owned firm’s eligibility set-aside contracts and small business p.m. (noon) Eastern Daylight Time
for 8(a) BD participation is separate and subcontracting. That rule contained an (EDT), October 15, 2016 to Samsung
jstallworth on DSK7TPTVN1PROD with RULES
distinct from the individual eligibility of instruction to amend portions of § 125.6 Galaxy Note 7 Users and air carriers.
the NHO’s members, directors, or that do not exist. This document The Emergency Order prohibits persons
managers. The eligibility of an NHO- removes the amendatory instruction. from offering for air transportation or
owned concern is not affected by the DATES: Effective October 19, 2016. transporting via air any Samsung Galaxy
former 8(a) BD participation of one or FOR FURTHER INFORMATION CONTACT: Note 7 device on their person, in carry-
more of the NHO’s individual members. Michael McLaughlin, Office of Policy, on baggage, in checked baggage, or as
* * * * * Planning & Liaison, U.S. Small Business cargo; requires individuals who
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![71986 Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
updated guidance on the Samsung occurs that supersedes the requirements DEPARTMENT OF THE TREASURY
Galaxy Note 7 device, urging passengers of this Order, in which case the
aboard an aircraft to power down and Secretary will issue a Rescission Order. Financial Crimes Enforcement Network
not use, charge, or stow in checked
baggage, any Samsung Galaxy Note 7 Failure To Comply 31 CFR Part 1010
device. Any person failing to comply with
Notwithstanding the above DOT Conditional Exception to Bank Secrecy
this Order is subject to civil penalties of Act Regulations Relating to the Burma
actions, and in light of continued risks
up to $179,933 for each violation for Section 311 Final Rule
identified by Samsung and CPSC
associated with Samsung Galaxy Note 7 each day they are found to be in
violation (49 U.S.C. 5123). A person AGENCY: Financial Crimes Enforcement
devices, the further action described in Network (‘‘FinCEN’’), Treasury.
this Order is necessary to eliminate violating this Order may also be subject
to criminal prosecution, which may ACTION: Grant of conditional exception.
unsafe conditions that create an
imminent hazard to public health and result in fines under title 18, SUMMARY: This document contains a
safety and the environment. imprisonment of up to ten years, or both conditional exception, pursuant to
(49 U.S.C. 5124). authority under the Bank Secrecy Act,
Remedial Action
Right To Review which would permit certain U.S.
To eliminate or abate the imminent financial institutions to maintain
hazard: Pursuant to 49 U.S.C. 5121(d)(3) and correspondent accounts for Burmese
(1) Persons covered by this Order in accordance with section 554 of the banks under certain conditions.
shall not transport, nor offer for
Administrative Procedure Act (APA), 5 DATES: Applicability Date: This
transportation, via air any Samsung
U.S.C. 500 et seq, a review of this action conditional exception is applicable
Galaxy Note 7 device.
(2) Air carriers are required to alert may be filed. Any petition seeking relief beginning October 7, 2016.
passengers to the prohibition against air must be filed within 20 calendar days of FOR FURTHER INFORMATION CONTACT: All
transport of Samsung Galaxy Note 7 the date of this order (49 U.S.C. questions about the exceptive relief
devices, in particular, immediately prior 5121(d)(3)), and addressed to U.S. DOT must be addressed to the FinCEN
to boarding and to deny boarding to a Dockets, U.S. Department of Resource Center at (800) 767–2825
passenger in possession of a Samsung Transportation, 1200 New Jersey (Monday through Friday, 8:00 a.m.–6:00
Galaxy Note 7 device unless and until Avenue SE., Room W12–140, p.m. ET).
the passenger divests themselves and Washington, DC 20590 (http:// SUPPLEMENTARY INFORMATION:
carry-on or checked baggage of the Regulations.gov). Furthermore, a
I. Statutory and Regulatory Background
Samsung Galaxy Note 7 device. petition for review must state the
(3) Persons covered by this Order who material facts at issue which the The Bank Secrecy Act (‘‘BSA’’), Titles
inadvertently bring a prohibited petitioner believes dispute the existence I and II of Public Law 91–508, as
Samsung Galaxy Note 7 device aboard of an imminent hazard and must amended, codified at 12 U.S.C. 1829b,
an aircraft must immediately power off include all evidence and exhibits to be 12 U.S.C. 1951–1959, and 31 U.S.C.
the device, leave it powered off until no considered. The petition must also state 5311–5314 and 5316–5332, authorizes
longer aboard the aircraft, not use or the relief sought. Within 30 days from the Secretary of the Treasury
charge the device while aboard the the date the petition for review is filed, (‘‘Secretary’’), among other things, to
aircraft, protect the device from issue regulations requiring persons to
the Secretary must approve or deny the
accidental activation, including keep records and file reports that are
relief in writing; or find that the
disabling any features that may turn on determined to have a high degree of
imminent hazard continues to exist, and
the device, such as alarm clocks, and usefulness in criminal, tax, regulatory,
extend the original Emergency Order. In and counter-terrorism matters. The
keep the device on their person and not
in the overhead compartment, seat back response to a petition for review, the regulations implementing the BSA
pocket, nor in any carry-on baggage, for Secretary may grant the requested relief appear at 31 CFR Chapter X. The
the duration of the flight. in whole or in part; or may order other Secretary’s authority to administer the
(4) When a flight crew member relief as justice may require (including BSA has been delegated to the Director
identifies that a passenger is in the immediate assignment the case to of FinCEN.1
possession of a Samsung Galaxy Note 7 the Office of Hearings for a formal FinCEN has the authority, under 31
device while the aircraft is in flight, the hearing on the record). U.S.C. 5318(a)(7) and 31 CFR 1010.970,
crew member must instruct the to make exceptions to the requirements
Emergency Contact Official
passenger to power off the device, not of 31 CFR Chapter X. Such exceptions
use or charge the device while aboard If you have any questions concerning may be conditional or unconditional,
the aircraft, protect the device from this Emergency Restriction/Prohibition may apply to particular persons or to
accidental activation, including Order, you should call PHMSA classes of persons, and may apply to
disabling any features that may turn on Hazardous Materials Information Center particular transactions or classes of
the device, such as alarm clocks, and at 1–800–467–4922 or email at transactions. Moreover, an exception is
keep the device on their person and not phmsa.hm-infocenter@dot.gov. issuable or revocable in the sole
in the overhead compartment, seat back discretion of FinCEN, based on the
pocket, nor in any carry-on baggage, for Issued in Washington, DC, on October 14, circumstances to which the exception
jstallworth on DSK7TPTVN1PROD with RULES
the duration of the flight. 2016. applies.
Patricia A. McNall,
Rescission of This Order II. FinCEN Issuance 2016–1
Deputy Chief Counsel, Federal Aviation
This Order remains in effect until the Administration. This document, FinCEN Issuance
Secretary determines that an imminent [FR Doc. 2016–25322 Filed 10–14–16; 4:15 pm] 2016–1, provides exceptive relief under
hazard no longer exists or a change in
BILLING CODE 4910–13–P
applicable statute or federal regulation 1 Treasury Order 180–01 (Sept. 26, 2002).
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Document Created: 2016-10-19 02:12:13
Document Modified: 2016-10-19 02:12:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Emergency restriction/prohibition order. | |
| Dates | The Emergency Restriction/Prohibition Order provided in this document is effective at 12 p.m. (noon) Eastern Daylight Time (EDT) on October 15, 2016. | |
| Contact | Ryan Landers, Office of the Chief Counsel, Federal Aviation Administration, 1701 Columbia Ave., College Park, GA 30337; telephone: (404)-305-5200; email: [email protected] | |
| FR Citation | 81 FR 71983 |
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