DOS AND NTSB HOST JOINT WEBINAR ON FAMILY ASSISTANCE PLAN REQUIREMENTS

June 13, 2016

The National Transportation Safety Board (NTSB) and DOS hosted a joint Family Assistance Plan web conference on May 11, 2016, which discussed many issues, including departmental interpretations of foreign carrier responsibilities in the event of an air disaster as established by 49 USC § 41313. Noteworthy discussions held during the conference included:

• Differences between foreign and domestic carrier assurance requirements as stated in 49 USC § 41113 (domestic carrier requirements) and § 41313 (foreign carrier requirements), specifically:
  • Foreign carriers are not required to provide support and compensation to the American Red Cross, or to compensate family members of victims for travel expenses and physical care, as long as the carrier provides a description of adequate substitute measures in its Family Assistance Plan;
  • All assurances stated in § 41313 are the minimum legal requirements to satisfy the rule. Foreign carriers are encouraged to offer additional assistance to passengers and next-of-kin as necessary;
• Foreign carriers are not required to provide simultaneous electronic transmission of NTSB hearings, except for those held in any U.S. location if the departure or arrival of the flight was in the U.S.;
• Public posting of passenger manifest information does not constitute notification for purposes of 49 USC § 41113, although foreign carriers are highly encouraged to keep passengers and next-of-kin informed of all issues/concerns related to the accident as they occur, including proactive notification of all passengers/next-of-kin included on manifests;
• Foreign carriers must collect and store family contact information obtained during the notification process and provide to local/state authorities as necessary during the victim accounting process, specifically:
  • Foreign carriers are encouraged to work with consular offices regarding country-specific notification requirements;
  • Any notification issues to passengers/next-of-kin abroad should be expressed to the U.S. Department of State Bureau of Consular Affairs; and
  • Foreign carriers should notify the Bureau of Consular Affairs Overseas Citizen Services for issues regarding the protection and safety of U.S. citizens abroad.

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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