BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of ) 

) 

FAST COLOMBIA S.A.S. dba VivaColombia ) 

) Docket No. OST-2015- 

for an exemption pursuant to 49 U.S.C. § 40109 ) 

and a foreign air carrier permit pursuant ) 

to 49 U.S.C. § 41301 (Colombia – U.S.) ) 

 ) 

APPLICATION OF FAST COLOMBIA S.A.S. dba VIVACOLOMBIA

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to: 

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP

SHAW PITTMAN LLP

1200 Seventeenth Street, NW 

Washington, DC 20036 

Phone: +1-202-663-8000 

Fax: +1-202-663-8007 

Email: romanow@pillsburylaw.com 

 peter.nelson@pillsburylaw.com 

Counsel for Fast Colombia S.A.S. 

dba VivaColombia

April 2, 2015 

NOTE: Any person may support or oppose this Application by filing an answer and serving a 

copy of the answer on counsel for Fast Colombia S.A.S. dba VivaColombia and upon each 

person served with this application. Answers to the exemption application are due by April 17, 

2015; answers to the permit application are due by April 23, 2015. VivaColombia intends to poll 

on this application and will advise the Department of the results. 
9

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of ) 

) 

FAST COLOMBIA S.A.S. dba VivaColombia ) 

) Docket No. OST-2015- 

for an exemption pursuant to 49 U.S.C. § 40109 ) 

and a foreign air carrier permit pursuant ) 

to 49 U.S.C. § 41301 (Colombia – U.S.) ) 

 ) 

APPLICATION OF FAST COLOMBIA S.A.S. dba VIVACOLOMBIA

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Fast Colombia S.A.S. dba VivaColombia (“VivaColombia”), an air carrier of Colombia, 

hereby applies, under the provisions of 49 U.S.C. § 41301, and Subparts B and C of the 

Department’s Rules of Practice in Proceedings (14 C.F.R. §§ 302.201 and 302.301, et seq.), Part 

211 of the Department’s Economic Regulations (14 C.F.R. Part 211), and the Department’s 

streamlined licensing procedures,1 for an exemption and foreign air carrier permit authorizing it 

to engage in scheduled foreign air transportation of persons, property and mail from points 

behind Colombia, via Colombia and intermediate points, to any point or points in the United 

States and beyond to the full extent permitted by the Open Skies Air Transport Agreement of 

May 10, 2011 between the Government of the United States of America and the Government of 

the Republic of Colombia, as amended (the “U.S.-Colombia Open Skies Agreement”).

VivaColombia requests that the exemption authority sought herein remain in effect until the 

Department issues VivaColombia a foreign air carrier permit. 

1 See Notice in Docket OST-2005-22228 (Aug. 23, 2005).
10

In support of its application, VivaColombia states as follows: 

1. The applicant’s full name is Fast Colombia S.A.S. dba VivaColombia. Its principal 

place of business is Parque Empresarial Multicentro; Bodega #15, Chachafruto, 

Playa Rica Rancherías, Vía Guarne, Rionegro, Antioquia, Colombia. VivaColombia 

is a corporation established under the laws of the government of the Republic of

Colombia. VivaColombia’s Commercial License evidencing its organization and 

registration with the Chamber of Commerce of Bogota is attached hereto as Exhibit 

A. 211.20(a)

2. The government air transport authority having jurisdiction over VivaColombia is 

Colombia’s Unidad Administrativa Especial Aeronáutica Civil (“UAEAC”) (Special 

Administrative Unit for Civil Aeronautics). The address of UAEAC is as follows:

Avenida Eldorado 103-15 Nuevo Edificio Aerocivil Bogotá, D. C., Colombia. 

211.20(b)

3. Authority Requested: VivaColombia seeks authority to conduct scheduled foreign 

air transportation of persons, property, and mail from points behind Colombia, via

Colombia and intermediate points, to a point or points in the United States and 

beyond. VivaColombia also seeks authority to conduct charters as authorized by Part 

212 of the Department’s regulations. 211.20(c)

4. VivaColombia proposes to initially commence daily non-stop Bogota (BOG) – 

Miami (MIA) and Medellin (MDE) – Miami (MIA) service in late 2015. 

VivaColombia intends to operate this service with 180-seat A320-200 aircraft.

211.20(c)

5. Management: Information regarding VivaColombia’s management is attached hereto 
11

as Exhibit B. 211.20(d) 

6. Statement of Ownership: Information regarding the ownership of VivaColombia is 

attached hereto as Exhibit C. 211.20(e) VivaColombia is an entity organized under 

the laws of the Republic of Colombia, and the majority of its management personnel 

are Colombian nationals. 25% of VivaColombia’s capital stock is owned by Sentido 

Empresarial Internacional S.A., which is controlled by a Colombian entity; a further

25% of VivaColombia’s capital stock is owned by Grupo Fast S.A., an entity that is 

56.3% owned by Colombian nationals. To the extent necessary, and given the U.S. 

open skies relationships with Colombia, Panama, and Spain, VivaColombia 

respectfully requests a waiver of the Department’s ownership and control 

requirements, as the foreign ownership of VivaColombia is not inimical to U.S. 

aviation policy or interests. No governmental entity owns any equity interest in 

VivaColombia. 211.20(g)

7. Declan Ryan is a shareholder of I.A. VivaColombia SL, which owns a 25% interest

in VivaColombia) and owns an interest in VivaAerobus, a foreign air carrier of 

Mexico. Other than Mr. Ryan’s interest in VivaAerobus, VivaColombia neither 

directly nor indirectly has any interest in (A) any US carrier; (B) any other foreign 

carrier, (C) any persons engaged in the business of aeronautics; or (D) Any common 

carrier or any person whose principal business is the holding stock in, or control, of 

any air carrier: 211.20(f).

8. VivaColombia’s insurance meets the minimum requirements set forth in 14 C.F.R. 

205. A copy of VivaColombia’s OST Form 6411, Certificate of Insurance is 

attached hereto as Exhibit D. 211.20(h)
12

9. A copy of VivaColombia’s Air Operator Certificate is attached as Exhibit E.

211.20(i).

10. Operating History: VivaColombia has been operating in Colombia since May 2012.

Exhibit F provides additional background information on VivaColombia and its 

operations. 211.20(j) 

11. Fleet Composition: VivaColombia’s fleet is described in more detail in Exhibit G.

211.20(k)

12. Maintenance: VivaColombia’s base and line maintenance services are provided at

MDE and BOG, and are performed by VivaColombia. VivaColombia’s maintenance 

program complies with the provisions of the ICAO Pilots and Airmen Annexes I, 6 

(Part I), and 7. Colombia is a contracting state to the ICAO. 211.20(l) 

13. Agreements: No cooperative arrangements or other agreements between 

VivaColombia and any U.S. or foreign air carrier would affect the services that 

VivaColombia proposes in this application. 211.20(m) 

14. The required financial summary is attached hereto as Exhibit H. 211.20(n) 

15. VivaColombia receives no financial assistance from the Government of the Republic 

of Colombia. 211.20(o) 

16. A forecast of traffic and financial results for the first full year of the proposed service 

is attached hereto as Exhibit I. 211.20(p)

17. Designation: The authority requested herein is consistent with the terms of the U.S.-

Colombia Open Skies Agreement. A copy of the formal UAEAC designation is 

attached as Exhibit J. 211.20(q) 

18. The Republic of Colombia’s Policy with respect to United States Carriers: It is 
13

VivaColombia’s understanding that the Government of The Republic of Colombia

would authorize services similar to those requested herein for a U.S. carrier under the 

bilateral agreement. VivaColombia’s new service will provide additional non-stop 

travel opportunities to citizens of both the U.S. and Colombia, serve the interests of 

comity and reciprocity, benefit travelers in both countries, and will, therefore, serve 

the public interest.2 211.20(r) 

19. Tariff Violations/Accidents: VivaColombia has not been involved in any tariff 

violations or fatal accidents in the past five years. 211.20(s) 

20. Waiver of Warsaw Convention Liability Limits: A copy of VivaColombia’s OST 

Form 4523 is attached hereto as Exhibit K. 211.20(t)

21. Foreign Air Carrier Family Support Act Plan: VivaColombia’s plan will be 

submitted to the National Transportation Safety Board, with a copy to the 

appropriate docket at the Department. A copy is attached as Exhibit L. 

22. Summary of Passenger Manifest Information Collection Procedures: VivaColombia

will collect the passenger manifest information required by 14 C.F.R § 243 and will 

transmit that information to the U.S. Department of State in the event of an aviation 

disaster. A summary of VivaColombia’s procedures is attached as Exhibit M. 

23. Fuel Consumption: The operation proposed by VivaColombia will not result in a 

near term increase in fuel consumption of ten million gallons or more. 

Consequently, grant of the authority requested herein will not constitute a “major 

2 That the authority sought by VivaColombia in this application is authorized under a bilateral agreement is 

indicative that approval of this application is in the public interest. See S. REP. NO. 96-329, at 4 (1979), reprinted in 

1980 U.S.C.C.A.N. 54, 57 (“[T]he negotiation of a bilateral agreement itself represents a determination by the 

Government of the United States that the grant of route authority provided for under the bilateral is in the ‘public 

interest.’”).
14

regulatory action” under the Energy Policy and Conservation Act of 1975, as defined 

in 14 C.F.R § 313.4 (a)(1). 

24. Verification: The verification required by 14 C.F.R 302.4 (b) is attached hereto as 

Exhibit N. 

25. VivaColombia will be working with the FAA International Field Unit in Miramar, 

Florida to obtain its Part 129 Op Specs as quickly as possible. 

For the reasons set forth above, VivaColombia is fully qualified to operate the services 

for which authority is herein requested. VivaColombia requests that the exemption requested 

herein remain in effect until the Department issues it an effective permit. 

WHEREFORE, based upon the foregoing information, VivaColombia respectfully 

requests that it be granted an exemption and foreign air carrier permit as more fully described 

above. 

Respectfully submitted,

Josh Romanow Peter Nelson

PILLSBURY WINTHROP

SHAW PITTMAN LLP

 1200 Seventeenth Street, NW 

 Washington, DC 20036 

Phone: (202) 663-8000 

Fax: (202) 663-8007 

Email: romanow@pillsburylaw.com 

 peter.nelson@pillsburylaw.com 

April 2, 2015 Counsel for Fast Colombia S.A.S. 

dba VivaColombia
15

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing exemption and foreign air carrier application 

has been served this the 2nd day of April 2015, upon each of the parties below by electronic mail. 

Sascha Vanderbellen

Chris Walker

Delta Airlines

sascha.vanderbellen@delta.com 

chris.walker@delta.com

Robert Wirick 

Howard Kass

American Airlines, Inc.

robert.wirick@aa.com

howard.kass@aa.com

Steve Morrissey

Dan Weiss

United Air Lines

steve.morrissey@united.com 

dan.weiss@united.com

Anita Mosner

Jennifer Nowak 

Counsel for United Parcel Service Co

Holland & Knight

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com 

Russell Pommer

Atlas Air

rpommer@atlasair.com

Bailey Leopard 

Nancy Sparks

Federal Express Corporation

gbleopard@fedex.com

nssparks@fedex.com

Jonathan B. Hill 

J. Parker Erkmann

Counsel for JetBlue Airways

jhill@cooley.com

perkmann@cooley.com 

Joanne W. Young 

David M. Kirstein

Counsel for Spirit Airlines 

jyoung@yklaw.com 

dkirstein@yklaw.com

/s/Melinda A. Hernandez

Melinda A. Hernandez

Paul Gretch

Brian Hedberg 

Department of Transportation

Paul.Gretch@dot.gov

Brian.Hedberg@dot.gov
10

TABLE OF EXHIBITS

Exhibit A Certificate of Incorporation

Exhibit B Management & Key Personnel 

Exhibit C Ownership

Exhibit D OST Form 6411, Foreign Air Carriers Certificate(s) of Insurance

Exhibit E Air Operator’s Certificate and Operation Specifications 

Exhibit F Background, Operations, and International Route Structure 

Exhibit G List of Aircraft

Exhibit H Financial Summary

Exhibit I Forecast of Traffic and Financial Results 

Exhibit J Designation

Exhibit K OST Form 4523, Waiver of Warsaw Convention Liability Limits

Exhibit L Foreign Air Carrier Family Support Act Plan

Exhibit M Summary of 14 C.F.R. 243 Procedures 

(Passenger Manifest Collection Procedures)

Exhibit N Verification
Exhibit A-1

EXHIBIT A

CERTIFICATE OF INCORPORATION

(Attached.) 
Exhibit A-2
Exhibit A-3
Exhibit A-4
Exhibit A-5
Exhibit A-6
Exhibit A-7
Exhibit A-8
Exhibit A-9
Exhibit A-10
Exhibit A-11
Exhibit A-12
Exhibit A-13
Exhibit A-14
Exhibit A-15
Exhibit A-16
Exhibit A-17
Exhibit A-18
Exhibit A-19
Exhibit B-1

EXHIBIT B

MANAGEMENT & KEY PERSONNEL

Name Designation Address NationalityJuan Emilio Posada Chief Executive Officer Transv. 1 # 83 –02, Torre B, Apt. 702, 

Bogota D.C, Colombia

Colombia / U.S.

Eduardo Fairen Chief Operating Officer Aguas del Bosque Apto 1109 Calle 5 Sur #

22-290, Medellín, Antioquia, Colombia

Spain

Oscar Herrera Chief Financial Officer Calle 7 Sur No. 23 – 10, Medellín, 

Antioquia, Colombia

Colombia

Abel Lopez López General Counsel Carrera 32 # 1 Sur 21 ; Medellín, Antioquia, 

Colombia 

Colombia

Hector Guarín QSMS Director Calle 40 AA # 50 BB 33 Torre 2 Apto 

1108, Rionegro, Antioquia, Colombia

Colombia

Ricardo Munera Flight Safety Chief Carrera 46B #38C -44, Rionegro, Antioquia, 

Colombia

Colombia

Juan Fernando Arango Ground Operations Director Calle 37 # 63-39 Apto 103. Medellin,

Colombia 

Colombia

Nicolás Takahashi Engineering & Maintenance Director Calle 9 Sur No. 37-29 Medellin, Antioquia, 

Colombia

Colombia/Japan

Juan Carlos Saracino Air Operations Director Calle 20 No 19 - 21 El Retiro, Antioquia, 

Colombia

Colombia

Luis Salazar Chief Pilot Transversal 24A # 69 - 479, Rionegro, 

Antioquia, Colombia

Colombia / U.S.

Rafael Mesa Quality Chief (Chief Inspector) Calle 45 # 59 – 30, Rionegro, Antioquia, 

Colombia

Colombia

***None of the individuals listed in the table above is related by blood or marriage to any other individual(s) listed in Exhibit B.
Exhibit C-1

EXHIBIT C

OWNERSHIP 

Name: Grupo Fast S.A.

Address: Carrera 11 # 86 – 53. Bogotá, Colombia 

Citizenship: Panamá – 56.3% of the outstanding shares of Grupo Fast S.A. are owned by 

Colombian nationals.

Equity interest owned: 25% 

Name: Sentido Empresarial Internacional S.A. (SEISA)

Address: Av. El Dorado # 68B 31, Pisos 3 y 9. Bogotá, Colombia 

Citizenship: Panamá – 100% of the outstanding shares of SEISA are owned by Sentido 

Empresarial S.A.S., a Colombian entity.

Equity interest owned: 25% 

Name: I.A. VivaColombia SL (Irelandia)

Address: Aribau 171, 08036. Barcelona, España / The Warehouse, 35 Barrow Street, Dublin 4 

Citizenship: Spain

Equity interest owned: 25% 

Name: Viva Sudamerica, S.A. de C.V. (IAMSA)

Address: Av. Insurgentes Norte # 42 – 3 Piso 

Citizenship: Mexico

Equity interest owned: 25% 
Exhibit D-1

EXHIBIT D

OST FORM 6411

FOREIGN AIR CARRIERS - CERTIFICATE OF INSURANCE

(Attached.)
Exhibit D-2
Exhibit D-3
Exhibit E-1

EXHIBIT E

AIR OPERATOR’S CERTIFICATE

(Attached.) 
Exhibit E-2
Exhibit F-1

EXHIBIT F

BACKGROUND, OPERATIONS AND 

INTERNATIONAL ROUTE STRUCTURE

History

VivaColombia is the first and only low-cost airline in Colombia. Its operations are 

primarily based in Medellin and in the second half of 2014 it launched a second base in Bogota. 

It started operations in May 2012 and has provided continuous service to date. It operates regular 

flights on both domestic and international routes. 

VivaColombia has achieved an unparalleled record of market stimulation in Colombia.

Since 2012, VivaColombia has flown 4.7 million passengers. 

Network Development 

VivaColombia currently operates 22 routes, three of which are international routes that 

started in the second half of 2014. VivaColombia operates to domestic airports throughout the 

country and serves international destinations in South America and Central America. 

VivaColombia offers regular service to the following destinations: 

Domestic

x San Andrés (ADZ) 

x Barranquilla (BAQ) 

x Bucaramanga (BGA) 

x Bogota (BOG) 

x Cali (CLO) 

x Cartagena (CTG) 

x Cucuta (CUC) 

x Medellin (MDE) 

x Monteria (MTR) 

x Pereira (PEI) 

x Santa Marta (SMR) 

International 

x Panamá (BLB )

x Quito (UIO) 

x Lima (LIM)

Fleet

VivaColombia operates a fleet of A320 – 200 with the maximum seat density of 180 

seats. It started its operation with three (3) A320 – 200 aircraft in May 2012, after six months it 
Exhibit F-2

completed a total fleet of five (5) aircraft and by July 2014 it had added one additional A320 – 

200 reaching a total of 6 aircraft. VivaColombia leases its aircraft.
Exhibit G-1

EXHIBIT G

LIST OF AIRCRAFT

Item Fleet Registration

Number

Serial 

Number Status Lessor Country of Registration

1 A320/200 HK 4818 MSN 1306 Leased Wells Fargo Bank Colombia

2 A320/200 HK 4811 MSN 1564 Leased Celestial 45 Aviation Colombia

3 A320/200 HK 4817 MSN 1725 Leased Celestial 45 Aviation Colombia

4 A320/200 HK 4861 MSN 1867 Leased Wells Fargo Bank Colombia

5 A320/200 HK 4905 MSN 1454 Leased Sierra Leasing Ltd. Colombia

6 A320/200 HK 5051 MSN 1757 Leased

Wilmington Trust SP 

Services (Dublin) Ltd. Colombia
Exhibit H-1

EXHIBIT H 

FINANCIAL SUMMARY

(Attached.)
Exhibit H-2
Exhibit H-3
Exhibit H-4
Exhibit H-5
Exhibit H-6
Exhibit H-7
Exhibit H-8
Exhibit H-9
Exhibit H-10
Exhibit H-11
Exhibit H-12
Exhibit H-13
Exhibit H-14
Exhibit H-15
Exhibit H-16
Exhibit H-17
Exhibit H-18
Exhibit H-19
Exhibit H-20
Exhibit H-21
Exhibit H-22
Exhibit H-23
Exhibit H-24
Exhibit H-25
Exhibit H-26
Exhibit H-27
Exhibit I-1

EXHIBIT I

FORECAST OF TRAFFIC AND FINANCIAL RESULTS

A. VivaColombia Route BOG - MIA

1. Operation Plan for Passenger Service (Available Seats and Frequencies)

2015 2016

Route & Frequency / Week BOG-MIA

7 frequencies/week

BOG-MIA

7 frequencies/week

Load Factor (E) 78% 78% 

Frequency / Year (OW) 92 365

Available Seats 15,640 62,050

Expected Passenger 

transported 12,199 51,502

2. Operation Profit (E) and its calculation basis 

A. Operation Plan (E) 

Route

Flight Frequency (OW)

2015 2016

Frequency / Year 

(OW) 92 365

B. Year-round Transport Plan (E)

(Unit: 1 USD = 2,300 COP) 

Routes 2015 2016

Weekly Frequency / 

Week 7 7

Load Factor 78% 83% 

Average Revenue 335,000 346,725
Exhibit I-2

C. Operating Profit for the First Year of Operation (E)

(Unit: 1 USD = 2,300 COP) 

Per Flight 2015 2016

Per 

Flight

Passenger 

Revenue 44,421,000 48,922,898

Cost of Goods 

Sold 38,563,423 39,527,508

Operating 

Expenses 5,509,060 5,701,878

Operating 

Profit 348,517 3,693,512

Year-round 2015 2016

Year 

Round

Passenger 

Revenue 4,086,732,000 17,856,857,588

Cost of Goods 

Sold 3,547,834,899 14,427,540,562

Operating 

Expenses 506,833,557 2,081,185,294

Operating 

Profit 32,063,544 1,348,131,732

B. VivaColombia Route MDE-MIA

1. Operation Plan for Passenger Service (Available Seats and Frequencies)

2015 2016

Route & Frequency / Week BOG-MIA

7 frequencies/week

BOG-MIA

7 frequencies/week

Load Factor (E) 76% 81% 

Frequency / Year (OW) 92 365

Available Seats 15,640 62,050

Expected Passenger 

transported 11,886 50,261

2. Operation Profit (E) and its calculation basis 
Exhibit I-3

A. Operation Plan (E) 

Route

Flight Frequency (OW)

2015 2016

Frequency / Year 

(OW) 92 365

B. Year-round Transport Plan (E)

(Unit: 1 USD = 2,300 COP) 

Routes 2015 2016

Weekly Frequency / 

Week 7 7

Load Factor 76% 81% 

Average Revenue 320,000 331,200

C. Operating Profit for the First Year of Operation (E)

(Unit: 1 USD = 2,300 COP) 

Per Flight 2015 2016

Per 

Flight

Passenger 

Revenue 41,344,000 45,606,240

Cost of Goods 

Sold 35,744,459 36,638,071

Operating 

Expenses 5,106,351 5,285,074

Operating 

Profit 493,190 3,683,096

Year-round 2015 2016

Year 

Round

Passenger 

Revenue 3,803,648,000 16,646,277,600

Cost of Goods 

Sold 3,288,490,243 13,372,895,784

Operating 

Expenses 469,784,320 1,929,051,866

Operating 

Profit 45,373,437 1,344,329,951
Exhibit J-1

EXHIBIT J

DESIGNATION 

(Attached.) 
Exhibit J-2
Exhibit K-1

EXHIBIT K 

OST FORM 4523

WAIVER OF WARSAW CONVENTION LIABILITY LIMITS

(Attached.)
Exhibit K-2
Exhibit L-1

EXHIBIT L 

FAST COLOMBIA S.A.S. DBA VIVACOLOMBIA

FAMILY ASSISTANCE PLAN

1. Overview

1.1. The purpose of the Fast Colombia S.A.S. dba VivaColombia (“VivaColombia”) 

Family Assistance Plan is to provide company personnel with the guidelines, 

procedures and training that will enable them to act in the best interests of the 

families of passengers involved in any aircraft accident involving VivaColombia 

aircraft and resulting in a major loss of life, to treat survivors and families with 

dignity, and to respect the cultural and religious backgrounds of survivors and 

families.

1.2. This document is a part of a larger effort, which includes the National 

Transportation Safety Board, other government entities and appointed 

independent non-profit organizations, to assist survivors and families in the event 

of an aviation disaster. 

2. Pre-Response Planning

2.1. In accordance with the Foreign Air Carrier Family Assistance Act of 1996 (49 

U.S.C. Section 1136 & Section 41313), as amended by Vision 100 – Century of 

Aviation Reauthorization Act, VivaColombia will publish this Family Assistance 

Plan and insert this plan into all appropriate VivaColombia manuals.

2.2. The treatment of families of non-revenue passengers (and any other victim of the 

accident) will be the same as the treatment of the families of revenue passengers.

2.3. The VivaColombia Emergency Response Team will be utilized to respond to 

likely needs of survivors and families. 

2.4. Training will be based upon employee’s responsibilities and VivaColombia will 

provide logistical support to the Response Team. 

2.5. Training of Family Assistance Personnel will be conducted in conjunction with 

VivaColombia’s training recognizing that:

2.5.1. A list of trained Family Assistance Personnel will be maintained in the 

VivaColombia Emergency Response Plan. 

2.5.2. Personnel who are in public contact positions need to know how to 

respond to inquiries and facilitate responses to them. 
Exhibit L-2

2.5.3. Families may seek assistance from VivaColombia at airports that are 

neither the origin nor the destination of the flight. 

2.5.4. Simulations of the Plan will be held annually in addition to participation in 

local disaster drills.

2.5.5. After an aviation disaster involving a VivaColombia aircraft, a toll-free 

“800” number will be published for the use of families to inquire about 

passengers.

2.5.6. It is VivaColombia’s policy that manifest information will only be 

released by the designated VivaColombia Coordinator to the proper NTSB 

authorities, the director of family support services designated for the 

accident under section 1136(a)(1), the organization designated for the 

accident under section 1136(a)(2); the VivaColombia NTSB Family 

Assistance Coordinator, VivaColombia’s Senior Manager - Safety or their 

authorized representatives. Any other release of manifest information is 

considered unauthorized and prohibited. 

2.5.7. VivaColombia will inform family members (or family friends or clergy 

who are with the family) at an appropriate time, but as early as possible 

after being notified, that it is critical that they contact their family dentist 

to obtain the dental records and dental x-rays of their loved one. 

VivaColombia will ask the family to have the records and x-rays sent by 

special courier to the address of the hotel where the joint family support 

operations center will be located. Packages should be addressed to the 

Director, Family Support Services, NTSB. If the family is coming to the 

site the next day, the family may arrange to hand-carry these documents. 

If the family is already at the accident site or arrives without making these 

arrangements, the Disaster Mortuary Team personnel will coordinate with 

the family’s dentist to obtain dental records and dental x-rays.

2.5.8. VivaColombia will ensure that its employees and agents receive adequate 

training to meet the needs of survivors and family members following an 

accident.

3. Passenger Manifest, Ticket Reconciliation and Notification

3.1. In order to determine which passengers actually boarded the flight, VivaColombia 

personnel immediately after the accident will begin a review of the following:

3.1.1. On board Passenger Manifest.

3.1.2. Standby passengers.
Exhibit L-3

3.1.3. Non-revenue passengers.

3.1.4. Re-routed passengers.

3.1.5. Passengers who cancelled their reservation. 

3.1.6. Jump seat riders.

This process could be delayed by persons traveling under different names.

3.2. VivaColombia will release, upon request, to the NTSB Family Services Director a 

passenger list. This would be upon the firm understanding that the list reflects the 

best available information at the time of the request, that it may have inaccuracies 

and it may not be complete. 

3.2.1. All personnel involved with handling the manifest will be briefed as to the 

confidential/sensitive nature of this information. 

3.2.2. All appropriate manifest lists will be stamped “PRELIMINARY AND 

UNCONFIRMED” with date, time and list number.

3.2.3. VivaColombia will update the list periodically.

3.2.4. Upon request, VivaColombia will provide to the Department of State 

information in its possession about foreign passengers. 

3.2.5. VivaColombia will coordinate as necessary with the Department of Justice 

for family meetings to explain Department of Justice services.

3.3. Notification Procedures 

3.3.1. As soon as information becomes available on each passenger, that 

passenger’s family will be notified.

3.3.1.1. Notification to family members will be made prior to release of 

the passenger’s name to the public and, to the extent practical, in 

person. 

3.3.2. VivaColombia personnel making the notification will be suitably trained 

as noted in Paragraphs 2.4, 2.5 and 2.5.8 of this document. 

3.3.3. VivaColombia will secure a facility for family members that will insure 

privacy from solicitors and the media. 

3.3.4. After coordination with NTSB, VivaColombia will provide a joint support 
Exhibit L-4

operations center to provide logistical support to the federal staff.

3.3.5. As appropriate, VivaColombia will continually update the public on the 

progress of family notification. 

3.4. Confidential/Sensitive Information

3.4.1. As stated in paragraph 2.5.7 of this document, any unauthorized release of 

manifest information is prohibited.

4. Passenger Identification

4.1. Medical Examiner/Coroner

4.1.1. The medical examiner or coroner is responsible for the positive 

identification of fatalities.

4.1.1.1. If the victim has died, the medical examiner will coordinate with 

the Disaster Mortuary Team Commander to provide official 

notification of death to family.

4.1.1.2. For injured passengers, the hospital is responsible for status 

updates and either the hospital or VivaColombia will advise the 

families.

5. Family Access to the Accident Site.

5.1. The NTSB has accident site jurisdiction.

5.2. Within the limits established by the authorities, VivaColombia will respond to 

family requests for access to the accident scene.

5.3. VivaColombia will assist up to two members (exceptions would be made as 

individual cases and cultural differences would have to be considered) of the 

family of a passenger traveling to the location of the accident and provide for the 

physical care of the family while the family is staying at such location.

5.3.1. For purposes of this plan, “Family” shall mean legal or common law 

spouse, parents or children of the injured/deceased. If the deceased has no 

Family as defined, up to two close living relatives would be considered 

“Family.”

5.3.2. Physical care.

5.3.2.1. Transportation to and from accident city. 
Exhibit L-5

5.3.2.2. Transportation to and from accident site. 

5.3.2.3. Hotel accommodations at accident city for a reasonable time 

period. 

5.3.2.4. Meal voucher during hotel stay and day of travel to and from the 

accident city.

6. Human Remains and Personal Effects

6.1. The medical examiner is responsible for the disposition of identifiable and 

unidentifiable human remains. 

6.2. VivaColombia shall work with authorities to return identifiable personal effects to 

victim’s family rather than having VivaColombia become a custodian of them; 

VivaColombia and the authorities will work together to determine disposition of 

unidentifiable personal effects.

6.3. Personal effects that come into the control of VivaColombia will be handled in 

the following manner after release from the NTSB:

6.3.1. VivaColombia will consult with each family about the disposition of 

personal effects that are in VivaColombia’s control. 

6.3.2. VivaColombia will return to the family, if requested, any passenger’s 

possession that is under the control of VivaColombia. 

6.3.3. VivaColombia will retain for 18 months any unclaimed property of a 

passenger that is under VivaColombia’s control. 

6.3.4. VivaColombia will consult with the families about the construction by 

VivaColombia of any planned monument, including the inscription on it. 

6.3.5. VivaColombia will only be able to return personal effects that come into 

VivaColombia’s control once permission of the NTSB has been obtained 

as the items may have some bearing on the accident investigation.

7. Liability for Man-Made Structures

7.1 In accordance with the 49 U.S.C. Section 41313(c), in the event of an accident 

resulting in significant damage to man-made structures or non-government-owned 

property on the ground, VivaColombia shall promptly provide written notification 

directly to the owner of liability for any property damage and the means for 

obtaining compensation. Such notice shall advise the owner: (a) to contact the 
Exhibit L-6

property insurer as the authoritative source for coverage and compensation 

information; (b) to not rely on unofficial information offered by VivaColombia’s 

representatives about compensation by VivaColombia for accident-site property 

damage; and (c) to obtain detailed evidence of property damage as soon as 

possible following the accident, consistent with restrictions to the accident site.

8. Simultaneous Electronic Transmission of NTSB Hearings

8.1 In accordance with 49 U.S.C. Section 41313(c), in the event of an accident in 

which the NTSB conducts a public hearing or comparable proceeding at a 

location more than eighty (80) miles from the accident site, VivaColombia shall 

ensure the proceeding is made available simultaneously by electronic means at a 

location open to the public at the origin city and destination city of the 

VivaColombia flight, if that city is located in the United States.

9. Relationship with Designated Independent Organization

9.1. VivaColombia will work with the independent nonprofit organization that is 

designated under 49 U.S.C. Section 1136(a)(2) to provide mental health and 

counseling services to families.

9.1.1. Mental health services can be coordinated on a local basis through the 

nonprofit organization or these services can be brought in from another 

city where the airline may have a Mental Health Professional on retainer.

9.1.2. Should long-term counseling be required, VivaColombia will coordinate 

with the nonprofit organization appointed by the NTSB, the family and the 

company providing the service. 

9.2. VivaColombia will develop a procedure to pay reasonable compensation to the 

NTSB-designated independent non-profit organization as required by 49 U.S.C. 

Section 41313(C)(11) where the nature and scope of its work and the kind of costs 

to be incurred have been discussed and agreed in advance. 

9.3. VivaColombia will coordinate with family members as to their need for American 

Red Cross for assistance.

9.4. VivaColombia will participate in the daily coordination meetings to review daily 

activities, resolve problem areas, and to synchronize future family support 

operations and activities. 

10. Third Party Service Provider

10.1 In order to fulfill its obligations under this Plan, VivaColombia may contract with 

third party service providers who specialize in aviation disaster response services. 
Exhibit L-7

VivaColombia will work with any such third party service provider to carry out 

the responsibilities undertaken in this Plan. 

11. Filing of this document with NTSB and DOT

11.1 Pursuant with the Foreign Air Carrier Family Assistance Act of 1996, 49 U.S.C. 

Section 41313(b), this document will be filed with the National Transportation 

Safety Board and the Department of Transportation. 

12. Revisions and Code-Share Agreements

12.1. VivaColombia reserves the right to introduce changes to this plan from time to 

time.

12.2. VivaColombia does not presently have an approved code-share arrangement with 

any United States carrier. If VivaColombia were to enter into such an agreement 

and it were approved, VivaColombia may revise this plan. 

13. Accidents Not Covered by this Plan

13.1 VivaColombia will consult with the NTSB and the Department of State if it 

voluntarily provides assistance to U.S. citizens in the United States with respect to 

accidents outside the United States not covered by this plan involving loss of life. 

14. Emergency Contact Information

 

14.1 VivaColombia’s 24-hour, 365 days a year contact is located in Rionegro, 

Antioquia. Any agent of the U.S. government may contact operations center 

personnel at any time by dialing +(57) 318 351 7893. The telephone numbers 

have been submitted to the NTSB and can be used by the NTSB 24 hours per day, 

seven days per week. 
Exhibit M-1

EXHIBIT M

SUMMARY OF 14 C.F.R. 243 PROCEDURES 

(PASSENGER MANIFEST COLLECTION PROCEDURES)

FAST COLOMBIA S.A.S. DBA VIVACOLOMBIA

Introduction

This summary is submitted by Fast Colombia S.A.S. dba VivaColombia 

(“VivaColombia”) to the U.S. Department of Transportation in accordance with 14 C.F.R. Part 

243.

Summary of Procedures

For each covered flight segment, VivaColombia shall collect, or cause to be collected, 

the full name of each passenger who is a U.S. citizen. Any U.S. citizen who does not provide this 

information will not be permitted to board. 

VivaColombia will request an emergency contact telephone number and name from U.S. 

citizen passengers. As the provision of this information is voluntary, VivaColombia will not 

deny boarding to any passenger who refuses to provide it. 

VivaColombia shall store the information collected pursuant to the above procedures 

until passengers on the covered flight segment disembark. This information will be kept 

confidential and will not be used for purposes other than those described herein or disclosed to 

any entity except as required and permitted by law.

In the event of an aviation disaster, VivaColombia shall contact the Managing Director of 

Overseas Citizen Services, Bureau of Consular Affairs, U.S. State Department, by telephone. Not 

later than three hours after confirmation of such a disaster, VivaColombia shall transmit to the 

U.S. State Department and, upon request, the National Transportation Safety Board, the 

information collected in accordance with these procedures.

 24 Hour Contact Information 

VivaColombia’s 24-hour, 365 days a year contact is located in Rionegro, Antioquia. Any 

agent of the U.S. government may contact operations center personnel at any time by dialing 

+(57) 318 351 7893. The telephone numbers have been submitted to the NTSB and can be used 

by the NTSB 24 hours per day, seven days per week. 
Exhibit N-1

EXHIBIT N