# Hogan !



# Lovells
September 24,2014
BY ELECTRONIC SUBMISSION Hogan Lovells US LlP Columbia Square 555 Thirteenth Street, NW Wa$hJngton, DC 20004

BY ELECTRONIC MAIL 

### Docket DOT-OST-1998-3304 Docket Operations Facility U.S. DepartmentofTransportation West Building Ground Floor, RoomW12-140 1200 NewJerseyAvenue, SE Washington, DC 20590 Re: 

### MichaelCrook Coordinator, Transportation DisasterOperations Transportation DisasterAssistance Division NationalTransportation Safety Board 490 L'Enfant Plaza East, SW Washington, DC 20594 ) 

### PlantoAddress the Needsof Familiesof Passengers Involved inAircraftAccidents -- Submission of Updated Planfor LANColombia Ladies and Gentlemen: Pursuant to 49 U.S.C.

# S41313 and the Department of Transportation Notice regarding that statutory requirement, dated January20, 2004, Aerovias de Integracion Regional, AIRES SA d/b/a LAN Colombia hereby submits an updated plan to address the needs of families of passengers involved inaccidents withinthe United Statesthat involveaircraft underthe operational control of LAN Colombia ("Plan"). The enclosed Plan describes procedures that comply with the requirements ofthe ForeignAir Carrier FamilySupportAct of 1997,as amended bythe Wendell H. FordAviation Investment and ReformActforthe21st Century (AIR-21) andthe Vision 100-Century ofAviation Reauthorization Act. Pleasecontact me ifyou need additional information regarding LAN Colombia's Plan.

Patrick R. Rizzi Counsel
Counsel forAerovias de Integracion Regional,AIRES SA d/b/a LAN Colombia Enclosure

Hogan Lovells US LLP is II limited liabilitypartnership registered inthe DistrictofColumbia. "Hogan Lovells. is an international legal practicethat includes Hogan Lovells US LLP and Hogan lovells International LLP, with offices in: : Alicante Amsterdam Baltimore Beijing Brussels Caracas Colorado Springs Denver Dubai Dusseldorf Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Houston Johannesbl.lfll London LosAngeles wxemb()l,lrg Madrid Mexico City Miami Milan Monterrey Moscow Munich New York Northem Virginia Paris Philadelphia Rio de Janeiro Rome San Francisco SlIo Paulo Shanghai SiliconValley Singapore Tokyo Ulaanbaatar Warsaw Washington DC Associated offices: Budapest Jakarta Jeddah Riyadh Zagreb. For more information see WNW.hoganlovells.com36163611NVASHINGTON 

# LAN Colombia Family Assistance Plan

August 22, 2014FOREWORD

LAN Colombia ("Airline") has prepared the following Family Assistance Plan ("Plan") for providing humanitarian response pursuant to the requirements of the Foreign Air Carrier Family Support Act of 1997, as amended by the Wendell H. Ford Aviation Investment and Reform Act for the 21" Century (April 5, 2000) and the Vision 100- Century of Aviation Reauthorization Act ("Act"), and such Plan meets or exceeds all provision of saidAct
.



# •

- 1- 361636/1fWASHINGTONCOMMUNICATING WITH FAMILIES

The Airline will establish a reliable toll-free telephone number dedicated to accident-related calls. The Airline will promptly publicize this number through local, national and international media after receiving confirmation that an aircraft operated bythe Airline hasbeen involved in an accident and that there are serious injuries and/or fatalities. The Airline will provide sufficient staff to accept telephone callson such number from families of passengersinvolved in an aircraft accident resulting in amajor loss of life.

-2- 361636/1IWASHINGTONNOTIFICATIONOFFAMILIES

Immediately after receiving notice of an accident, the Airline will compile a preliminary passenger listto determine which passengerswere actually boarded on the flight. The list and each updated list will bedistributed internally to the appropriate departments, aswell asto the NTSBDirector of Family Support Services and to the organization designated for the accident under 49 U.S.c. Section 1136(a)(2) (currently the American Red Cross),for notification of passenger families. Such lists will be based on the Airline's best available information at the time of the request and will contain passenger names, whether or not such names have been verified. Assoon asAirline hasverified that a passenger was aboard the flight, Airline will initiate the process of identifying the passenger's next-of-kin and notifying the family, regardless of whether verification of all passengers aboard the flight is complete. Either suitably trained individuals at the Airline or the organization designated for the accident under 49 U.S.c.Section 1136(a)(2) (currently the American Red Cross)will provide in-person notification to the families to the extent practicable. Airline will also give the U.S. Department of State the names of all foreign nationals who appear on the verified passenger list. Airline will not publicly releasethe names of any passengersor crew members until the next-of-kin have first been notified, unlessotherwise directed bythe NTSB.

361636/1/WASHINGTONFAMILYTRAVEL TOACCIDENT

SITE TheAirline will assistthe family of any passenger in traveling to the location of the accident and provide for the physical care of the family, while the family isstaying atsuch location. Airline will also maintain regular contact with families who elect not to travel to the accident site.

-4- 361636/1IWASHINGTONSUFFICIENT RESOURCES Airline will commit sufficient resources to carry out this plan. Our commitment demands that Airline work cooperatively with any organization designated pursuant to 49 U.S.c.Section 1136(a)(2) (currently the American RedCross)to ensure that families receive an appropriate level of services and assistance following any such disaster, and the continued safeoperation of Airline.



### -S361636f1/WASHINGTONWORKING WITH, AND COMPENSATION OF, DESIGNATED ORGANIZATIONS

Airline will work with any organization designated under 49 U.S.c. Section 1136(a)(2) (currently the American Red Cross) on an ongoing basisto ensure that families of passengers receive an appropriate level of services and assistancefollowing an accident. In addition, Airline will provide reasonable compensation to anyorganization designated under 49 U.S.c. Section 1136(a)(2) (currently the American Red Cross) for services and assistance provided by that organization.

-6- 36163611/WASHINGTONUNIFORM PROVISION OF FAMILY ASSISTANCE: EQUALTREATMENT

The Airline will provide family assistance on an equal basis,without regard to an individual's status asa revenue customer, non-revenue passenger or crew member.

-7- 361636/1/WASHINGTONREMAINS, PERSONAL EFFECTSAND POSSESSIONS

Airline will consult with and honor the family's reasonable wishes for remains in the control of Airline that are identified asthose of the passenger. Airline, or its designated representative or subcontractor, will follow the direction of the family asto the return or other disposition of such items, regardless of their condition, unless they are needed for the accident investigation or acriminal investigation. After returning all possessionsthat can be associated with specific passengers, Airline, or its designated representatives or subcontractors, will retain any unclaimed possessions that have been released to Airline's control for not lessthan 18 months after the date of the accident.

-8- 361636/1/WASHINGTONMONUMENTS

Airline will consult with the family of each passenger about construction byAirline of any monument to the passengers built inthe United States, including any inscription on the monument.

-9- 36163611fWASHINGTONTRAINING OF EMPLOYEES AND AGENTS

Airline has provided training and administers additional recurrent training of its employees and agents to meet the needs of the survivors andfamily members following the accident
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### . 10. 36163611/WASHINGTONCONSULTATIONON CARRIER RESPONSE

NOTCOVERED

BYPLAN In the event that Airline offers volunteer assistance to United States citizens within the United States regarding an aircraft accident involving a major lossof life and which occurs outside the United States, Airline will communicate and consult with the NTSBand the U.S.Department of State on the terms and provision of Airline's offered assistance.

- 11- 361636{1IWASHINGTONDAMAGE TO MAN MADE STRUCTURESON THE GROUND

In the event of an accident that results in significant damage to aman-made structure or other property on the ground that is not government-owned, Airline will promptly, to the extent practicable, provide written notice to the owner of the structure or property about the means for obtaining compensation and, at a minimum, advising the owner (a) to contact the insurer of the structure or property asthe authoritative source for information about insurance coverage and compensation, (b) not to rely on unofficial information, if any, offered by Airline's representatives about compensation by Airline for accident-site property damage and (c) to obtain photographic or other detailed evidence of property damage assoon aspossible after the accident, consistent with any restrictions on accessto the accident site.



### -12

- 36163611f1NASHINGTONELECTRONIC TRANSMISSIONOFNTSBHEARING In the event that the National Transportation Safety Board conducts a public hearing or comparable proceeding regarding an accident andthe hearing or comparable proceeding isheld at alocation greater than eighty (80) miles from the accident site, Airline will ensure that the hearing or proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and the destination city of the flight, ifthat city islocated inthe United States.



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- 361636f1NVASHINGTON

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