Submission of Plans .—
section 41102 of this titleEach air carrier holding a certificate of public convenience and necessity under shall submit to the Secretary and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any aircraft accident involving an aircraft of the air carrier and resulting in any loss of life.
Contents of Plans .—
A plan to be submitted by an air carrier under subsection (a) shall include, at a minimum, the following:
A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers.
section 1136(a)(2) of this title A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under or the services of other suitably trained individuals.
An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the air carrier has verified that the passenger was aboard the aircraft (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person.
section 1136(a)(1) of this titlesection 1136(a)(2) of this title An assurance that the air carrier will provide to the director of family support services designated for the accident under , and to the organization designated for the accident under , immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), and will periodically update the list.
An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the air carrier.
An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the air carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.
An assurance that any unclaimed possession of a passenger within the control of the air carrier will be retained by the air carrier for at least 18 months.
An assurance that the family of each passenger will be consulted about construction by the air carrier of any monument to the passengers, including any inscription on the monument.
An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident, including any victim on the ground) will be the same as the treatment of the families of revenue passengers.
section 1136(a)(2) of this title An assurance that the air carrier will work with any organization designated under on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident.
section 1136(a)(2) of this title An assurance that the air carrier will provide reasonable compensation to any organization designated under for services provided by the organization.
An assurance that the air carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.
An assurance that the air carrier will commit sufficient resources to carry out the plan.
An assurance that, upon request of the family of a passenger, the air carrier will inform the family of whether the passenger’s name appeared on a preliminary passenger manifest for the flight involved in the accident.
An assurance that the air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
An assurance that the air carrier, in the event that the air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving any loss of life, will consult with the Board and the Department of State on the provision of the assistance.
An assurance that, in the case of an accident that results in any damage to a manmade structure or other property on the ground that is not government-owned, the air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for obtaining compensation.
At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by air carrier representatives about compensation by the air carrier for accident-site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with restrictions on access to the accident site.
An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, the air carrier will ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of the air carrier’s flight if that city is located in the United States.
Certificate Requirement .—
section 41102 of this titleThe Secretary may not approve an application for a certificate of public convenience and necessity under unless the applicant has included as part of such application a plan that meets the requirements of subsection (b).
Limitation on Liability .—
An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the air carrier in preparing or providing a passenger list, or in providing information concerning a preliminary passenger manifest, pursuant to a plan submitted by the air carrier under subsection (b), unless such liability was caused by conduct of the air carrier which was grossly negligent or which constituted intentional misconduct.
Aircraft Accident and Passenger Defined .—
section 1136 of this titleIn this section, the terms “aircraft accident” and “passenger” have the meanings such terms have in .
Statutory Construction .—
Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.
Pub. L. 104–264, title VII, § 703(a)110 Stat. 3267Pub. L. 106–181, title IV, § 402(a)(1)114 Stat. 129Pub. L. 108–176, title VIII, § 809(a)117 Stat. 2588Pub. L. 115–254, div. C, § 1109(a)132 Stat. 3434(Added , , ; amended –(3), (5)–(c), , , 130; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 115–254, § 1109(a)(1)2018—Subsec. (a). , substituted “any loss of life” for “a major loss of life”.
Pub. L. 115–254, § 1109(a)(2)(A)Subsec. (b)(9). , substituted “(and any other victim of the accident, including any victim on the ground)” for “(and any other victim of the accident)”.
Pub. L. 115–254, § 1109(a)(2)(B)Subsec. (b)(16). , substituted “any loss of life” for “major loss of life”.
Pub. L. 115–254, § 1109(a)(2)(C)Subsec. (b)(17)(A). , substituted “any damage” for “significant damage”.
Pub. L. 108–176, § 809(a)(1)2003—Subsec. (b)(16). , struck out “the air carrier” after “major loss of life,”.
Pub. L. 108–176, § 809(a)(2)Subsec. (b)(17), (18). , added pars. (17) and (18).
Pub. L. 106–181, § 402(a)(5)(A)2000—Subsec. (a). , substituted “Each air carrier” for “Not later than 6 months after the date of the enactment of this section, each air carrier”.
Pub. L. 106–181, § 402(a)(1)Subsec. (b)(14) to (16). –(3), added pars. (14) to (16).
Pub. L. 106–181, § 402(a)(5)(B)Subsec. (c). , substituted “The Secretary” for “After the date that is 6 months after the date of the enactment of this section, the Secretary”.
Pub. L. 106–181, § 402(b)Subsec. (d). , inserted “, or in providing information concerning a preliminary passenger manifest,” before “pursuant to a plan”.
Pub. L. 106–181, § 402(c)Subsec. (f). , added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Pub. L. 108–176section 3 of Pub. L. 108–176section 106 of this titleAmendment by applicable only to fiscal years beginning after , except as otherwise specifically provided, see , set out as a note under .
Effective Date of 2000 Amendment
Pub. L. 106–181section 3 of Pub. L. 106–181section 106 of this titleAmendment by section 402(a)(5)(B) to (c) of applicable only to fiscal years beginning after , see , set out as a note under .
Pub. L. 106–181, title IV, § 402(a)(4)114 Stat. 130
section 41102 of title 49“The amendments made by paragraphs (1), (2), and (3) [amending this section] shall take effect on the 180th day following the date of the enactment of this Act []. On or before such 180th day, each air carrier holding a certificate of public convenience and necessity under , United States Code, shall submit to the Secretary [of Transportation] and the Chairman of the National Transportation Safety Board an updated plan under section 41113 of such title that meets the requirements of the amendments made by paragraphs (1), (2), and (3).”
, , , provided that:
Effective Date
section 3 of Pub. L. 104–264section 106 of this titleExcept as otherwise specifically provided, section applicable only to fiscal years beginning after , and not to be construed as affecting funds made available for a fiscal year ending before , see , set out as an Effective Date of 1996 Amendment note under .
Update Plans
Pub. L. 108–176, title VIII, § 809(c)117 Stat. 2589
section 41313 of this title“Air carriers and foreign air carriers shall update their plans under sections 41113 and 41313 of title 49, United States Code, respectively, to reflect the amendments made by subsections (a) and (b) of this section [amending this section and ] not later than 90 days after the date of enactment of this Act [].”
, , , provided that:
Establishment of Task Force
Pub. L. 104–264, title VII, § 704110 Stat. 3268
Establishment .—
The Secretary of Transportation, in cooperation with the National Transportation Safety Board, the Federal Emergency Management Agency, the American Red Cross, air carriers, and families which have been involved in aircraft accidents shall establish a task force consisting of representatives of such entities and families, representatives of air carrier employees, and representatives of such other entities as the Secretary considers appropriate.
Guidelines and Recommendations .—
The task force established pursuant to subsection (a) shall develop—
guidelines to assist air carriers in responding to aircraft accidents;
recommendations on methods to ensure that attorneys and representatives of media organizations do not intrude on the privacy of families of passengers involved in an aircraft accident;
recommendations on methods to ensure that the families of passengers involved in an aircraft accident who are not citizens of the United States receive appropriate assistance;
recommendations on methods to ensure that State mental health licensing laws do not act to prevent out-of-state mental health workers from working at the site of an aircraft accident or other related sites;
recommendations on the extent to which military experts and facilities can be used to aid in the identification of the remains of passengers involved in an aircraft accident; and
recommendations on methods to improve the timeliness of the notification provided by air carriers to the families of passengers involved in an aircraft accident, including—
an analysis of the steps that air carriers would have to take to ensure that an accurate list of passengers on board the aircraft would be available within 1 hour of the accident and an analysis of such steps to ensure that such list would be available within 3 hours of the accident;
an analysis of the added costs to air carriers and travel agents that would result if air carriers were required to take the steps described in subparagraph (A);
an analysis of any inconvenience to passengers, including flight delays, that would result if air carriers were required to take the steps described in subparagraph (A); and
an analysis of the implications for personal privacy that would result if air carriers were required to take the steps described in subparagraph (A).
Report .—
Not later than 1 year after the date of the enactment of this Act [], the Secretary shall transmit to Congress a report containing the model plan and recommendations developed by the task force under subsection (b).”
Limitation on Statutory Construction
Pub. L. 104–264, title VII, § 705110 Stat. 3269
section 1136 of this titlesection 1155 of this titlesection 40101 of this title“Nothing in this title [enacting this section and , amending , and enacting provisions set out as notes under this section and ] or any amendment made by this title may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.”
, , , provided that: