FAA ISSUES GUIDANCE ON RECALLED SAMSUNG GALAXY NOTE 7 DEVICES

October 7, 2016

Following a Consumer Product Safety Commission recall of the Samsung Galaxy Note 7 device on September 16, 2016, the Federal Aviation Administration (FAA) has issued a Safety Alert for Operators (SAFO), in conjunction with a Pipeline and Hazardous Materials Safety Administration (PHMSA) safety advisory establishing general guidance to airlines about the rules for carrying recalled or defective lithium devices on board aircraft as cargo or in carry-on luggage. U.S. hazardous material regulations currently prohibit air cargo shipments of recalled or defective lithium batteries or lithium battery-powered devices, and passengers may not turn on or charge such devices when carried on board a plane. Passengers are also required to protect the devices from accidental activation, including disabling any features that may turn on the device, such as alarm clocks.

The SAFO urges airlines to ensure that cargo and passenger processing employees as well as those responsible for cabin safety are aware of the new guidelines to ensure that cargo customers are additionally aware of the rules, and to include information and guidance on airline websites about damages or recalled lithium batteries and devices.

The SAFO additionally notes that hazardous material regulations do not preclude airlines from proactively placing their own restrictions on passengers carrying or using specific lithium battery products on board aircraft prior to an official governmental recall or advisory.

The text of the SAFO may be accessed at: https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/all_safos/

 

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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