UPDATES TO FAMILY ASSISTANCE PLANS
April 3, 2014
DOT recently fined Asiana Airlines $500,000 for failing to comply with its Family Assistance Plan following the July 2013 crash of Flight 214 at San Francisco International Airport. As Family Assistance Plan compliance is a focus of the Department in 2014, we are writing to provide you with additional information on Family Assistance Plans.
International carriers are required, under the Foreign Air Carrier Family Support Act of 1997, as amended by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) and the Vision 100-Century of Aviation Reauthorization Act (and 49 U.S.C. 41313), to develop a Family Assistance Plan for dealing with aviation disasters in the U.S. that result in the loss of life.
Pursuant to 49 U.S.C. § 41313, each carrier’s Family Assistance Plan must include 18 specific assurances, which we have listed below:
- Establish and publicize a toll free telephone number in the United States and in the carrier’s home country for the purposes of receiving accident related calls. Staff phone number with carrier employees or contractors.
- Compile a preliminary list of passengers based upon the best information available and provide list, upon request, to NTSB.
- Provide notification to families of the passengers involved in the accident as soon as practicable after the passenger has been identified.
- Comply with directives of NTSB, medical examiner, coroner or other designated authority to facilitate, recover and identify any fatally injured passengers.
- Consult with the family of each passenger regarding their wishes as to the disposition of any remains or effects that are in possession or control of the carrier.
- Provide assistance to family members of any passenger with accommodations, travel and meals in traveling to site of the accident.
- Return any possessions to family members.
- Consult the family of each passenger before the construction of any monument to the passengers.
- Work with the Red Cross to ensure that families of passengers receive an appropriate level of services and assistance following an accident.
- Commit sufficient personnel and finances for the execution of the Family Assistance Plan.
- Provide adequate training to employees and agents to meet the needs of survivors and family members following an accident.
- Consult the NTSB and the U.S. Department of State if carrier volunteers assistance to United States citizens within the United States for an aircraft accident outside of the United States.
- Promptly provide notice, in writing, directly to the owner of any property that is significantly damaged.
- Ensure all NTSB public hearings are made available for viewing.
It is especially important to ensure that each carrier has a working 800 number that can be initiated immediately following an incident and also that the contact information the carrier has on file with DOT and NTSB is up to date. Should you have any questions or would like assistance with filing an updated plan with DOT and NTSB please let us know.
This Eckert Seamans Aviation Blog is intended to keep readers current on matters affecting businesses and is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr ( esahr@eckertseamans.com 202-659-6622) or Drew Derco ( dderco@eckertseamans.com 202-659-6665).