FAA PROPOSES $1.1 MILLION CIVIL PENALTY AGAINST BRAILLE BATTERY INC. FOR ALLEGED HAZMAT VIOLATIONS
January 31, 2018
On December 8, 2017, the FAA proposed the largest civil penalty ever for alleged violations of the requirements for offering an air shipment of lithium batteries. The $1.1 million proposed penalty is against Braille Battery Inc. for a hazardous material violation. The FAA alleges that on June 1, 2016, Braille offered four shipments, each containing a 24-volt lithium ion battery, to FedEx for transportation by air. One of the batteries apparently caught fire while it was being transported on a FedEx truck, after it had been transported on an aircraft, resulting in the destruction of the vehicle. The FAA alleges the lithium batteries in these shipments did not meet testing standards contained in the UN Manual of Tests and Criteria or the U.S. Hazardous Material Regulations, were not equipped with a means of preventing dangerous reverse current flow, and were not in a proper condition for shipment. Additionally, the FAA alleges Braille failed to provide its employees with required hazardous materials training.
As a result, on June 8, 2016, the FAA informed Braille about concerns in their training program. Additionally, on June 14 and 15, 2016, the FAA informed Braille that the Hazardous Materials Regulations and the ICAO technical Instructions prohibit the shipment of lithium ion batteries that are not proven to meet the UN testing standards. However, Braille continued to offer shipments of these lithium ion batteries for air transportation on 14 separate occasions between July 14, 2016 and August 3, 2016, the FAA alleges. The shipments included a total of 77 batteries. Each shipment contained between one and 27 batteries. Also worth noting is the fact that the FAA previously assessed an $8,000 civil penalty against Braille in 2013 for shipping undeclared lithium ion batteries.
Braille has 30 days to respond to the FAA’s enforcement letter.
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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