Hazardous Materials: Emergency Restriction/Prohibition Order, 71983-71986 [2016-25322]
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Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
awards made to a joint venture, a joint
venture: Must be in writing and must do
business under its own name; must be
identified as a joint venture in the
System for Award Management (SAM);
may be in the form of a formal or
informal partnership or exist as a
separate limited liability company or
other separate legal entity; and, if it
exists as a formal separate legal entity,
may not be populated with individuals
intended to perform contracts awarded
to the joint venture (i.e., the joint
venture may have its own separate
employees to perform administrative
functions, but may not have its own
separate employees to perform contracts
awarded to the joint venture). SBA may
also determine that the relationship
between a prime contractor and its
subcontractor is a joint venture, and that
affiliation between the two exists,
pursuant to paragraph (h)(5) of this
section. For purposes of this paragraph
(h), contract refers to prime contracts,
and any subcontract in which the joint
venture is treated as a similarly situated
entity as the term is defined in part 125
of this chapter.
*
*
*
*
*
§ 121.702
[Amended]
3. Amend § 121.702(b)(1)(i) by adding
the words ‘‘an Indian tribe, ANC or
NHO (or a wholly owned business
entity of such tribe, ANC or NHO),’’
before the words ‘‘or any combination of
these’’.
■
PART 124—8(A) BUSINESS
DEVELOPMENT/SMALL
DISADVANTAGED BUSINESS STATUS
DETERMINATIONS
3. The authority citation for part 124
continues to read as follows:
Authority: 15 U.S.C. 634(b)(6), 636(j),
637(a), 637(d), 644 and Pub. L. 99–661, Pub.
L. 100–656, sec. 1207, Pub. L. 101–37, Pub.
L. 101–574, section 8021, Pub. L. 108–87,
and 42 U.S.C. 9815.
4. Amend § 124.110 by revising
paragraph (g) to read as follows:
■
§ 124.110 Do Native Hawaiian
Organizations have any special rules for
applying to the 8(a) BD program?
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*
*
*
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(g) An NHO-owned firm’s eligibility
for 8(a) BD participation is separate and
distinct from the individual eligibility of
the NHO’s members, directors, or
managers. The eligibility of an NHOowned concern is not affected by the
former 8(a) BD participation of one or
more of the NHO’s individual members.
*
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*
*
*
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[Amended]
5. Amend § 124.112 by adding the
word ‘‘and’’ at the end of paragraph
(b)(8), removing paragraph (b)(9), and
redesignating paragraph (b)(10) as
paragraph (b)(9).
■ 6. Amend § 124.513 by revising
paragraph (c)(4) to read as follows:
■
§ 124.513 Under what circumstances can a
joint venture be awarded an 8(a) contract?
*
*
*
*
*
(c) * * *
(4) Stating that the 8(a) Participant(s)
must receive profits from the joint
venture commensurate with the work
performed by the 8(a) Participant(s);
*
*
*
*
*
PART 126—HUBZONE PROGRAM
7. The authority citation for part 126
continues to read as follows:
■
Authority: 15 U.S.C. 632(a), 632(j), 632(p),
644; and 657a; Pub. L. 111–240, 24 Stat.
2504.
§ 126.615
[Amended]
8. Amend § 126.615 by removing
‘‘§ 126.618(d)’’ and adding in its place
‘‘§ 126.618’’.
■
A. John Shoraka,
Associate Administrator for Government
Contracting and Business Development.
[FR Doc. 2016–25080 Filed 10–18–16; 8:45 am]
BILLING CODE 8205–01–P
Administration, 409 Third Street SW.,
Washington, DC 20416; 202–205–5353;
michael.mclaughlin@sba.gov.
SUPPLEMENTARY INFORMATION: SBA
published a final rule in the Federal
Register on May 31, 2016 (81 FR 34243).
That rule amended § 125.6. On July 25,
2016, SBA published a separate final
rule in the Federal Register (81 FR
48557) that purported to amend § 125.6
by removing ‘‘§ 125.15’’ from the
introductory text of paragraph (b) and
adding in its place ‘‘§ 125.18’’ and by
removing ‘‘§ 125.15(b)(3)’’ from
paragraph (b)(5) and adding in its place
‘‘§ 125.18(b)(3)’’. These amendments
could not be implemented as instructed
because paragraph 125.6 (b) does not
contain the text to be removed. These
changes inadvertently failed to take into
account the amendments made to
§ 125.6 by the final rule published on
May 31, 2016. This correction removes
the instruction to amend § 125.6
published on July 25, 2016, in 81 FR
48558.
In the FR Rule Doc. No. 2016–16399
in the issue of July 25, 2016, beginning
on page 48557, make the following
correction:
■ On page 48585, in the third column,
remove amendatory instruction 34 in its
entirety and the amendment to § 125.6.
A. John Shoraka,
Associate Administrator for Government
Contracting and Business Development.
[FR Doc. 2016–24832 Filed 10–18–16; 8:45 am]
SMALL BUSINESS ADMINISTRATION
13 CFR Part 125
U.S. Small Business
Administration.
ACTION: Final rule; correction.
AGENCY:
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Federal Aviation Administration
14 CFR Chapter I
[Docket No. FAA–2016–9288]
Hazardous Materials: Emergency
Restriction/Prohibition Order
The U.S. Small Business
Administration (SBA) published a final
rule in the Federal Register on July 25,
2016, (81 FR 48557) to, among other
things, implement provisions of the
National Defense Authorization Act of
2013, which pertain to performance
requirements applicable to small
business and socioeconomic program
set-aside contracts and small business
subcontracting. That rule contained an
instruction to amend portions of § 125.6
that do not exist. This document
removes the amendatory instruction.
DATES: Effective October 19, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael McLaughlin, Office of Policy,
Planning & Liaison, U.S. Small Business
SUMMARY:
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DEPARTMENT OF TRANSPORTATION
RIN 3245–AG24
´ ´
Small Business Mentor Protege
Programs; Correction
■
*
§ 124.112
71983
Federal Aviation
Administration (FAA), DOT.
ACTION: Emergency restriction/
prohibition order.
AGENCY:
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 carryon baggage, in checked baggage, or as
cargo; requires individuals who
SUMMARY:
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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: ryan.landers@
faa.gov.
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
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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
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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
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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.
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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 outof-service orders, without notice or an
opportunity for hearing, to the extent
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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.’’
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71985
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
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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
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occurs that supersedes the requirements
of this Order, in which case the
Secretary will issue a Rescission Order.
DEPARTMENT OF THE TREASURY
Failure To Comply
31 CFR Part 1010
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).
Conditional Exception to Bank Secrecy
Act Regulations Relating to the Burma
Section 311 Final Rule
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 (https://
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
phmsa.hm-infocenter@dot.gov.
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]
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Financial Crimes Enforcement Network
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Treasury.
ACTION: Grant of conditional exception.
AGENCY:
This document contains a
conditional exception, pursuant to
authority under the Bank Secrecy Act,
which would permit certain U.S.
financial institutions to maintain
correspondent accounts for Burmese
banks under certain conditions.
DATES: Applicability Date: This
conditional exception is applicable
beginning October 7, 2016.
FOR FURTHER INFORMATION CONTACT: All
questions about the exceptive relief
must be addressed to the FinCEN
Resource Center at (800) 767–2825
(Monday through Friday, 8:00 a.m.–6:00
p.m. ET).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Statutory and Regulatory Background
The Bank Secrecy Act (‘‘BSA’’), Titles
I and II of Public Law 91–508, as
amended, codified at 12 U.S.C. 1829b,
12 U.S.C. 1951–1959, and 31 U.S.C.
5311–5314 and 5316–5332, authorizes
the Secretary of the Treasury
(‘‘Secretary’’), among other things, to
issue regulations requiring persons to
keep records and file reports that are
determined to have a high degree of
usefulness in criminal, tax, regulatory,
and counter-terrorism matters. The
regulations implementing the BSA
appear at 31 CFR Chapter X. The
Secretary’s authority to administer the
BSA has been delegated to the Director
of FinCEN.1
FinCEN has the authority, under 31
U.S.C. 5318(a)(7) and 31 CFR 1010.970,
to make exceptions to the requirements
of 31 CFR Chapter X. Such exceptions
may be conditional or unconditional,
may apply to particular persons or to
classes of persons, and may apply to
particular transactions or classes of
transactions. Moreover, an exception is
issuable or revocable in the sole
discretion of FinCEN, based on the
circumstances to which the exception
applies.
II. FinCEN Issuance 2016–1
This document, FinCEN Issuance
2016–1, provides exceptive relief under
1 Treasury
Sfmt 4700
E:\FR\FM\19OCR1.SGM
Order 180–01 (Sept. 26, 2002).
19OCR1
]]>Agencies
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Rules and Regulations]
[Pages 71983-71986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25322]
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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.
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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: ryan.landers@faa.gov.
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 (https://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 phmsa.hm-infocenter@dot.gov.
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
