NTSB MEETS WITH AIRLINE COUNSEL
November 3, 2014
At the request of the National Transportation Safety Board (NTSB), select outside counsel for Part 129 [foreign] carriers met with NTSB’s Transportation Disaster Assistance Division to discuss airline responses to air disasters. Below are bullet point highlights of the meeting:
- The NTSB considers an accident to fall within the statutory requirement to implement a family assistance plan (49 USC § § 41113 and 41313) if there is “more than one” loss of life. Because the carrier cannot predict the outcome in an incident where initially there are no fatalities or only one fatality the carrier should “lean forward” and start implementing its plan immediately.
- Carriers should follow the official NTSB “Air Carrier Tasks” checklist and, in the first 24 hours following an accident, should: (1) Notify the NTSB Communications Center of the accident; (2) Publish a reliable toll-free telephone number and have adequate staff to handle call volume; and (3) Coordinate public notification of the toll-free number with various media (television, radio, Internet).
- In codeshare situations, carriers should agree and plan in advance with their partners as to family assistance obligations in the event of a disaster. Ultimately the operating carrier has responsibility and could be the subject of a DOT enforcement proceeding if family assistance obligations are not satisfied. The NTSB does appreciate that foreign carriers may need to rely on their U.S. partners for certain services in the first 48 hours, but the operating carrier is nevertheless responsible for the notifications above and should be primarily in charge after the first 48 hours.
- Carriers are not required, and are in fact discouraged, from filing their entire emergency response manual. Only the statutorily required 18 assurances need be filed with DOT and NTSB. Assurances should be amended or updated as frequently as needed to keep contact information current. The 24-hour contact number (which can be the airline’s dispatch number) must remain current. If carriers provide contact information for their vendors, which is not required and also is discouraged, that information should be updated whenever a vendor changes.