# SILVERBERG GOLDMAN 

# & BIKOFB L.L.P. AITORNEYS AT LAW GEORGETOWN PlACf. • SUITE 120 • lIOI 30TH STRUT, NW _. WASHINGTON, D.C. 20007 

### September 30, 2014

BY ELECTRONIC SUBMISSION Docket DOT-OST-98-3304 Docket Management Facility U.S. Department of Transportation West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 VIA E-MAIL AND FIRST CLASS MAIL Paul Sledzik Director, Transportation Disaster Assistance Office of Transportation Disaster Assistance National Transportation Safety Board 490 L'Enfant Plaza East, S.W. Washington, D.C. 20594 Re: AEROLANE, Lineas Aereas Nacionales del Ecuador S.A. d/b/a LAN Ecuador; Family Assistance Plan Dear Sir or Madam: Pursuant to 49 U.S.C. 

## S 41313 and DOT's Notice, dated January 20, 2004, the undersigned counsel for AERO LANE, Lineas Aereas Nacionales del Ecuador S.A. d/b/a LAN Ecuador ("LAN Ecuador") hereby submits LAN Ecuador's Family Assistance Plan. The enclosed Plan addresses the needs of families of passengers involved in accidents within the United States that involve an aircraft operated by LAN Ecuador as required by the Foreign Air Carrier Family Support Act of 1997, as amended. Very truly yours, SILVERBERG, GOLDMAN & BIKOFF, L.L.P. Attorneys for AEROLANE, LINEAS AEREAS NACIONALES DEL ECUADOR S.A. d/b/a LAN ECUADOR By:

Enclosure

# Airline FamilyAssistance Plan August 22, 2014

361636/1/WASHINGTONFOREWORD AEROLANE, LINEAS AEREAS NACIONALES DEL ECUADOR S.A. d/b/a LAN ECUADOR ("Airline") has prepared the following Family Assistance Plan ("Plan") for providing humanitarian response pursuant to the requirements ofthe Foreign Air Carrier Family Support Act of 1997, as amended by the Wendell H. Ford Aviation Investment and Reform Act for the 21 51 Century (April 5, 2000) and the Vision 100 - CenturyofAviation Reauthorization Act ("Act"), and such Plan meets orexceeds all provision ofsaid Act.

36163611/WASHINGTONCOMMUNICATING 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 by the Airline has been involved in an accident and that there are serious injuries and/or fatalities. The Airline will provide sufficient staffto accept telephone calls on such numberfrom families ofpassengers involved in an aircraftaccident resulting in amajorloss oflife.

361636/1/WASHINGTONNOTIFICATION OF FAMILIES Immediatelyafter receiving notice ofan accident, the Airline will compile a preliminary passenger list to determinewhich passengers were actually boarded on the flight. The list and each updated will be distributed internallyto the appropriate departments, as well as tothe NTSB Director of Family Support Services and to the organization designated for the accident under49 U.S.C. Section 1136{a){2) (currentlythe American Red Cross), for notification ofpassenger families. Such lists will be based on the Airline's best available information atthe time ofthe request and will contain passenger names, whetheror notsuch names have been verified. As soon as Airline has verified 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 ofwhetherverification ofall passengers aboard the flight is complete. Either suitably trained individuals at the Airline or the organization designated forthe accident under49 U.S.C. Section 1136(a){2) (currentlythe 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 release the names ofany passengers orcrew members until the next-of-kin have first been notified, unless otherwise directed bythe NTSB.

361636/1/WASHINGTONFAMILYTRAVELTO ACCIDENT SITE The Airline will assist thefamily ofany passenger in traveling tothe location ofthe accident and provide forthe physical care ofthefamily, whilethe family is staying atsuch location. Airline will also maintain regular contactwithfamilies who elect nottotraveltothe accidentsite.

361636/1/WASHINGTONSUFFICIENT RESOURCES Airline will commit sufficient resources to carry out this plan. Our commitment demands that Airline work cooperatively with any organization designated pursuantto 49 U.S.C. Section 1136(a)(2) (currently the American Red Cross) to ensure that families receive an appropriate level ofservices and assistance following any such disaster, and the continued safe operation ofAirline.

361636/1/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 basis to ensure that families of passengers receive an appropriate level ofservices and assistance following an accident. In addition,Airline will provide reasonable compensation to any organization designated under49 U.S.C. Section 1136 (a)(2) (currently the American Red Cross) for services and assistance provided by that organization.

361636/1/WASHINGTONUNIFORM PROVISION OF FAMILYASSISTANCE: EQUALTREATMENT The Airline will provide family assistance on an equal basis, without regard to an individual's status as a revenue customer, non-revenue passengerorcrew member.

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.REMAINS, PERSONAL EFFECTS AND POSSESSIONS 

### Airline will consult with and honor the family's reasonable wishes for remains in the control ofAirline thatare identified as those ofthe passenger. Airline, or its designated representative orsubcontractor, will followthe direction ofthe family as to the return or other disposition of such items, regardless oftheir condition, unless they are needed for the accident investigation or acriminal investigation. After returning all possessions that 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 less than 18 months afterthe date ofthe accident.

361636/1/WASHINGTONMONUMENTS Airline will consult with the family ofeach passenger about construction by Airline ofany monumentto the passengers built in the United States, including any inscription on the monument.

361636/1/WASHINGTONTRAINING OF EMPLOYEES AND AGENTS 

### Airline has provided training and administers additional recurrent training of its employees and agents to meetthe needs ofthe survivors and family membersfollowing the accident.

361636/1/WASHINGTONCONSULTATION ON CARRIER RESPONSE NOT COVERED BY PLAN In the event that Airline offers volunteer assistance to United States citizens within the United States regarding an aircraft accident involving a major loss of life and which occurs outside the United States, Airline will communicate and consult with the NTSB and the U.S. DepartmentofState on the terms and provision ofAirline's offered assistance.

361636/1/WASHINGTONDAMAGETO MAN MADE STRUCTURES ON THE GROUND 

### In the event ofan accident that results in significant damage to aman-made structure orother property on the ground that is not government-owned, Airline will promptly, to the extent practicable, provide written notice to the owner ofthe structure or property about the means for obtaining compensation and, at a minimum, advising the owner (a) to contact the insurer ofthe structure or property as the 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 as soon as possible afterthe accident, consistent with any restrictions on access to the accident site.

361636/1/WASHINGTONELECTRONIC TRANSMISSION OF NTSB HEARING In the event that the National Transportation Safety Board conducts a public hearing or comparable proceeding regarding an accident and the hearing orcomparable proceeding is held at a location 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 cityoftheflight, ifthatcity is located in the United States.

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