46
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of ) ) RUTAS AEREAS DE VENEZUELA RAV, S.A. ) Docket No. OST- 2008- ) ) for an exemption ) pursuant to 49 U.S.C. §40109(c ) ) ) (U.S.- Venezuela) ) APPLICATION OF RUTAS AEREAS DE VENEZUELA RAV, S.A. FOR EXEMPTION Communications with respect to this document should be addressed to: Susan B. Jollie Law Offices of Susan B. Jollie 7503 Walton Lane Annandale, VA 22003 (703) 354-8450 (703) 354-4945 (facsimile) [email protected] Attorney for Rutas Aereas de Venezuela RAV, S.A. August28, 2008 NOTICE Any person may file an answer supporting or opposing this request for an exemption by filing in this docket and by serving persons listed on the service list by September 12, 2008.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON… · before the department of transportation washington, ... before the department of transportation ... zuliana de seguros,

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BEFORE THEDEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of ))

RUTAS AEREAS DE VENEZUELA RAV, S.A. ) Docket No. OST- 2008-))

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

)(U.S.- Venezuela) )

APPLICATION OFRUTAS AEREAS DE VENEZUELA RAV, S.A.

FOR EXEMPTION

Communications with respect to this document should be addressed to:

Susan B. JollieLaw Offices of Susan B. Jollie7503 Walton LaneAnnandale, VA 22003(703) 354-8450(703) 354-4945 (facsimile)[email protected] for Rutas Aereasde Venezuela RAV, S.A.

August 28, 2008

NOTICE

Any person may file an answer supporting or opposing this request for an exemption by filing inthis docket and by serving persons listed on the service list by September 12, 2008.

BEFORE THEDEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of ))

RUTAS AEREAS DE VENEZUELA RAV, S.A. ) Docket No. OST- 2008-))

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

)(U.S.- Venezuela) )

APPLICATION OFRUTAS AEREAS DE VENEZUELA RAV, S.A.

FOR AN EXEMPTION

Pursuant to 49 U.S.C. § 40109(c) and Subpart D of the Department’s Rules of Practice, 1

Rutas Aereas de Venezuela RAV, S.A. (“RAVSA”) hereby requests an exemption from the

provisions of 49 U.S.C. § 41302 et seq and Part 211 of the Department’s Economic Regulations.2

In accordance with the terms of the Air Transport Agreement between the United States and the

Bolivarian Republic of Venezuela, RAVSA seeks authority to engage in the scheduled foreign

air transportation of persons, property, and mail between the Miami, Florida and the co-terminal

points of Caracas and Maracaibo, Venezuela. RAVSA also seeks authority to perform charter

services.

114 CFR § 302.400 et seq.

214 CFR § 211.1 et seq.

2

RAVSA is a Venezuelan airline that commenced operation in 2007 and has been

successfully operating on domestic and international routes. With grant of the requested

exemption, RAVSA intends to begin scheduled services to Miami from Maracaibo and Caracas

on October 30, 2008. RAVSA will initially commence services pursuant to a wet lease

agreement. Grant of the requested exemption is consistent with the Agreement that governs

transportation services between the two countries. Air Transport Services Agreement of August

14, 1953, as amended. Prompt approval of this application is consistent with the public interest

since U.S. carriers have been accorded similar rights to serve Venezuela. See 49 U.S.C

§41305(a)(2).

RAVSA submits the following information in support of its application:

1. The applicant is RUTAS AEREAS DE VENEZUELA RAV, S.A. The Applicant’s

executive office is located at:

AEROPUERTO INTERNACIONAL LA CHINITAZONA DE CARGA. LOCAL 003MARACAIBO, ESTADO ZULIA, VENEZUELA

Telephone: 58-21-208 84 00Facsimile: 58-212- 355 13 04

2. The company was organized as a stock company under the laws of Venezuela. The

government of Venezuela has no ownership interest in the Airline, and the airline does

not expect to receive financial assistance from its homeland government to support its

operations.

3

3. All of the shares of RAVSA are owned by William Posada Machado. The officers,

directors, and key personnel are as follows:

Mr. William Posada Machado / President

Mr. Antonio Fernandez / Executive Vice-president

Capt. Ismael Rojas / Operations General Director

Mr. Jose Aponte / Maintenance Director

Capt. Ali Felix / Chief Pilot

As demonstrated by the enclosed resumes, the airline’s key personnel have the requisite

qualifications and experience to provide the services being proposed. See RAVSA 1.

4. RAVSA is substantially owned and effectively controlled by citizens of Venezuela. See

RAVSA 1.

5. None of the officers, directors, or key personnel are related by blood or marriage.

RAVSA-1. The airline and its shareholders, directors, and officers have no direct or

indirect ownership interest in a U.S. carrier, any other foreign air carrier, common carrier,

or company engaged in the business of aeronautics. See RAVSA 1.

6. On January 12, 2007, RAVSA was granted an Airline Operating Certificate by the

competent aeronautical authorities in Venezuela The address of the Instituto De

Aeronautica Civil (INAC) is Avenida Jose Felix con Avenida Luis Roche, Urbanizacion

Altimira Sur, Torre Britanica de Seguros, Caracas, Distrito Capital ZP 1060, telephone

58-212-277-4542.

4

A copy of the license and an English translation are included as RAVSA 2. A request for

designation is being transmitted to the United States.

7. RAVSA proposes to begin operation on October 30, 2008. RAVSA plans ten (10)

roundtrip flights per week operating between Miami International Airport and Caracas

and Maracaibo, Venezuela on Monday, Wednesday, Thursday, Friday and Sunday. The

tentative schedule is set forth in RAVSA-3.

8. RAVSA’s present operations commenced in January 2007. Its scheduled passenger

services include domestic and international flights. RAVSA currently operates aircraft

listed in RAVSA-4. RAVSA has not been involved in any safety violations.

9. RAVSA is in the final stages of negotiation on a wet lease agreement with a U.S. carrier.

RAVSA plans to commence services to the United States with a MD-83 aircraft

configured for 8 business class seats and 135 economy class seats. RAVSA has not

entered into any cooperative agreement with any other U.S. or foreign air carrier.

10. The applicant has adequate financial resources to commence the proposed services. A

balance sheet and income statement for the period of time in which RAVSA has been in

operation is attached as RAVSA- 5. A copy of its forecast operating results is appended

as RAVSA-6.

11. The insurance coverage for the proposed services utilizing wet leased aircraft meets or

exceeds the requirements of Part 205 of the Department’s Economic Regulations, 14

CFR 205.1 et seq. RAVSA will be listed as an additional insured.

5

12. RAVSA-7 consists of signed copies of Form OST 4523, Waiver of Liability Limits

under the Warsaw Convention.

13. RAVSA has adopted a Family Assistance Plan, as required by 49 USC 43313. A copy is

attached as RAVSA-8. The plan will be filed in DOT Docket 98-3304 with a copy to the

National Transportation Safety Board.

14. RAVSA-9 is a statement summarizing the methods by which RAVSA will comply with

the requirements of 14 CFR Part 243 concerning collection and notification of passenger

manifest information.

15. The operations proposed by RAVSA will not result in the near term increase in fuel

consumption of ten million gallons or more. Consequently, grant of the requested

exemption will not constitute a major action under the Energy Policy and Conservation

Act, as defined in 14 CFR 313.

16. The proposed scheduled service operations are authorized by the terms of the Air

Transportation Services Agreement between the United States and Venezuela adopted

August 14, 1953, as amended. Venezuelan authorities have authorized charter services

by numerous U.S. carriers and accordingly grant of charter services authority is justified

on the basis of comity and reciprocity. The Applicant is unaware of any restrictions on

U.S. carriers’ exercise of rights conferred by the Agreement. Indeed, for a number of

years the presence of U.S. carriers in the Venezuelan markets has eclipsed operations of

Venezuelan-designated carriers.

6

17. Grant of this Exemption is consistent with the public interest. There is substantial and

growing interest in travel between the two countries. Additional services in these

markets will likely stimulate demand and improve the level of services for all travelers.

18. RAVSA respectfully requests expedited consideration of this Application. The

Applicant wishes to commence operation on October 30, 2008, but respectfully requests

action well before that time to enable sales to commence as soon as possible.

WHEREFORE, consistent with the terms of the U.S-Venezuela Air Transport Services

Agreement, Rutas Aereas de Venezuela RAV, S.A. hereby requests authority: (1) to engage in

the scheduled foreign air transportation of persons, property, and mail between the Miami,

Florida and the co-terminal points of Caracas and Maracaibo, Venezuela, and (2) to perform

charter services in accordance with the Department’s regulations.

Respectfully submitted,

Susan B. Jollie

Law Offices of Susan B. Jollie

7503 Walton Lane

Annandale, VA 22003

(703) 354-8450

(703) 354-4945 (facsimile)

[email protected]

Attorney for Rutas Aereas

de Venezuela RAV, S.A.

August 28, 2008

RAVSA-1

William Posada Machado

Title President

Full legal name WILLIAM POSADA MACHADO

Home address COLLINS AVE. 9401 AZURE. APT Nº 203.

MIAMI, FL 33160

Percentage of stock owned 100%

Citizenship VENEZUELAN

Relationship by blood or marriage NONE

Ownership interest now or in the past with

another air carrier, common carrier, or

business involved in aeronautics

NONE

History of criminal or illegal activities or

safety related violations

NONE

WILLIAM POSADA MACHADO_____

Personal Data:Date of Birth : 06/22/1955Nacionality: VenezuelanID #: V- 16.302.506Marital Status: Married

Address: 9401 Collins Avenue # 203 Surfside, FL

Phone Number: 786-3684116; 786-3381645; 786-2870072E-mail Address: [email protected]

Education: Industrial Engineer, Bachelor’s Degree

Skills: Leadership,creativity,experience negotiating investments.

Work Experience: 30 years experience as a Civil, Electric andMechanical Engineer.

Company: Hermanos Furlanetto

Construction supervisor

1975-1984

Company: Ehcopek Construcciones

General Manager

Periodo: 1984-1992

Company: Posada Sandrea Construcciones y Servicios

President

Periodo: 1994-2008

Company: Aereas Rutas de Venezuela RAV, S.A. dba Venezolana

President

2006 to Present

Company: Servicios Tierra y Agua, s.a

General Consultant and Partner

2004 to Present

Company: Servicios y Suministros, c.a.

Director and Partner

Company: Imagen Total II, c.a.

President and Partner

Company: Imagen Total I, c.a.

President and Partner

Company: Grupo Aire, c.a

Vice President and Partner

Antonio Jose Fernandez Romero

Title Executive Vice-President

Full legal name ANTONIO JOSE FERNANDEZ ROMERO

Home address AVENIDA 3B CON CALLE 74. RESIDENCIAS

MAR CARIBE. APARTAMENTO 3C.

MARACIBO. ESTADO ZULIA

Percentage of stock owned NONE

Citizenship VENEZUELAN

Relationship by blood or marriage NONE

Ownership interest now or in the past with

another air carrier, common carrier, or

business involved in aeronautics

NONE

History of criminal or illegal activities or

safety related violations

NONE

Antonio José Fernández Romero Sector La Lago. Avenida 3B con calle 74, Maracaibo, Estado Zulia (0261) 7924770 - (0414) 2158769. E-mail: [email protected]

INFORMACION PERSONAL

LUGAR Y FECHA DE NACIMIENTO: 04-05-1976. Maracaibo, Estado Zulia NACIONALIDAD: Venezolana. EDAD: Treinta y un (31) años. CEDULA DE IDENTIDAD: 12.404.916 ESTADO CIVIL: Soltero

EDUCACION 1993 - 1999 Abogado. Universidad del Zulia. 31 de Mayo de 1999. Promedio: 15,6/ 20 ptos. Maracaibo.

EXPERIENCIA LABORAL

Ago 1993 – Bufete Ordoñez Marín y Asociados. Ene 1997 – Dic. 2006. Bufete Fernández Amaya & Asociados Oct. 1997- Nov. 2001 Vice-Presidente. ZULIANA DE SEGUROS, C.A. Dic 2006 hasta la actualidad: Vice-Presidente Ejecutivo de Venezolana

ESTUDIOS COMPLEMENTARIOS Curso de Inglés , nivel avanzado en e l Centro Venezolano Americano del Zul ia (CEVAZ).

REFERENCIAS PERSONALES Disponibles al ser solicitadas.

IDIOMAS Dominio del Inglés, en forma oral y escrita.

CONOCIMIENTOS INFORMATICOS

Manejo de los siguientes paquetes: • CFD2000 Versión 3.0, para simulación de CFD. • AutoCAD 14 y 2000. • MatLab 5.1 • Windows 95 y 98. • Microsoft Office 97 y 2000: Word, Excel, Power Point y Publisher • Microsoft Internet Explorer 5.0

Ismael Enrique Rojas Castillo

Title Operations General Manager

Full legal name ISMAEL ENRIQUE ROJAS CASTILLO

Home address URBANIZACION LA LLANADA . EDIFICIO

CIMA DEL MAR. TORRE I. PISO 8.

APARTAMENTO8-. CARABALLEDA. ESTADO

VARGAS. VENEZUELA

Percentage of stock owned NONE

Citizenship VENEZUELAN

Relationship by blood or marriage NONE

Ownership interest now or in the past with

another air carrier, common carrier, or

business involved in aeronautics

NONE

History of criminal or illegal activities or

safety related violations

NONE

ISMAEL ROJAS CASTILLO

DATOS PERSONALES: Fecha de Nacimiento: 17 Junio 1963 Lugar de Nacimiento: La Guiara - Venezuela Nacionalidad: Venezuela Cedula de Identidad V-6.482.813 FORMACIÓN Primaria: Colegio San José La Guaira Secundaria: Liceo Militar Monseñor Arias Mariche – Edo. Miranda Cursos Aeronáuticos: Aeronáutica Halcón – Caracas Licencias Aeronáuticas

Piloto Transporte de Línea Aérea EXPERIENCIA RECIENTE

• Director General de Operaciones - Venezolana Rutas Aéreas de

Venezuela RAVSA • Gerente de Operaciones Aéreas - AROPOSTAL – Alas de Venezuela • Capitán Aeronaves Tipo DC-9 Series B-727 y DC-80 desde 1993.

EXPERIENCIA EN VUELO

Aproximadamente 14500 horas en rutas domesticas e internacionales

IDIOMAS

• Ingles • Español

Residencias Cima del Mar, Edo. Vargas - Venezuela Cel. 0414.215.11.91 e-mail [email protected]

Jose Hilarion Aponte Perez

Title Director of Maintenance

Full legal name JOSÉ HILARIÓN APONTE PÉREZ

Home address AV. FLORENCIO JIMENEZ RES. CRISTAL

TORRE B PISO 2 APTO. BA-2-4,

BARQUISIMETO, ESTADO. LARA.

VENEZUELA

Percentage of stock owned NONE

Citizenship VENEZUELAN

Relationship by blood or marriage NONE

Ownership interest now or in the past with

another air carrier, common carrier, or

business involved in aeronautics

NONE

History of criminal or illegal activities or

safety related violations

NONE

Av. Florencio Jiménez, Conjunto Residencial Cristal, Torre B Entrada A apto BA-2-4, Barquisimeto Edo. Lara. Telf (0251) 511-13-05 (0414) 152-08-02 e-mail: [email protected] [email protected]

José Hilarión Aponte Pérez Información Personal

Nacionalidad: Venezolano. Estado Civil: Soltero. Cedula de Identidad: 14.480.146 C.I.V. 177.348 Fecha de Nacimiento: 15 de Octubre 1979.

Educación Superior Diversificada

2002-2006. Universidad Nacional Experimental Politécnica de la Fuerza Armada Núcleo Maracay, Edo. Aragua. Titulo: Ingeniero Aeronáutico. 1996-2000 IUT-RC “Dr. Federico Rivero Palacios” Caracas, D.C. Titulo: T.S.U. Tecnología de los Materiales Mención: Metalurgia 1991-1996 U.E. Liceo San José Los Teques, Edo. Miranda. Titulo Obtenido: Bachiller en Ciencias

Experiencia Laboral

06/2007 hasta la Actualidad Rutas Aéreas de Venezuela RAV, S.A. Maracaibo, Edo. Zulia Cargo: Director de Mantenimiento 04/2007-06/2008 EQUIVENCA C.A. Cabudare, Edo. Lara Cargo: Ingeniero de Planta. 11/2006-03/2007 Aerocentro de Servicios C.A Charallave, Edo. Miranda. Cargo: Inspector.

Cursos Realizados

02/2007 Curso Inicial de Aniónica e Instrumentos. Duración 24 Hrs Aerocentro de Servicios C.A. Charallave, Edo. Miranda 11/2000-03/2001 Formación de Instructores en el Área de Soldadura e Inspección Instituto de Cooperación Educativa, I.N.C.E. Maracay, Edo. Aragua. 08/1999 Mantenimiento de Micros I Multiservicios Guva@2020 C.A. Los Teques, Edo. Miranda.

Otras Actividades 01/2006-05/2006 Pasantías Industriales en el Instituto Tecnológico de Aeronáutica Departamento de Aeronáutica en el área de Propulsión Sao José dos Campos, S.P. Brasil. 09/2004 1er Congreso Internacional de Ingeniería de Aeropuerto y Transporte Aéreo “CONINGAER 2004” Maracay, Edo Aragua. 07/2000 Participación y Ponencia en la 5ta Convención Internacional de la Industria Metalúrgica, Mecánica y del Reciclaje METANICA´2000 La Habana, Cuba. 08/1999-11/1999 Pasantías Industriales en SIDOR en el Laboratorio Central, Gerencia de Calidad Pto. Ordaz, Edo. Bolívar.

Conocimientos Generales

Programa de Diseño CATIA Paquete Microsoft Office Idiomas: Ingles (Básico) Portugues (Intermédio)

Ali Casalena Felix

Title Chief Pilot

Full legal name ALI CASALENA FELIX

Home address CALLE GAMELOTAL LA ESMERALDA RES

ANA CRISTINA APT 4B ESTADO MIRANDA.

VENEZUELA

Percentage of stock owned NONE

Citizenship VENEZUELAN

Relationship by blood or marriage NONE

Ownership interest now or in the past with

another air carrier, common carrier, or

business involved in aeronautics

NONE

History of criminal or illegal activities or

safety related violations

NONE

Las Esmeralda La Tahona calle Telefono. Gamerotal Residencia Ana Cristina 58-212-9434849 Piso 4 Apt. 4B 58-414-2809100 / 58-414-1398307 Estado Miranda e-mail: [email protected]

FELIX ALI CASALENA

Licenses -ATP Airline Transport Pilot -Aircraft Type Rating: Captain MD-80 / DC-9 / B-737-200 -Medical Certificate without Restriction Employ Records -1986-1994 Línea Aeropostal Venezolana F/O-MD80 -1986-1994 Línea Aeropostal Venezolana F/O-DC9 -1999-July 2007 Aeropostal Alas de Venezuela CAPTAIN-DC-9/ MD80 -Since July 2007 Rutas Aereas de Venezuela CAPTAIN- B-737-200 Operational -Experience in commercial flights (Domestic and International /(South America,

The Caribbean and North America Areas) Experiences -Chief of Pilots / Rutas Aereas de Venezuela RAV,S.A. (2007) Completed -Gobesa. Aviation School, Graduated in Comercial Pilot Studies -Aeropostal Alas de Venezuela. Technical School. -Rutas Aereas de Venezuela Technical School -Flight Simulator Training. Flight Safety, Pan Amm -CVA, Language Center. -Idioms. English-Spanish Personal -Date of Birth: 02/16/1967 Remarks -Weight and Tall: 75 Kg. / 1.78 mts Flight time CAPTAIN DC9/MD80 (EFIS) 6.561 CAPTAIN B-737-200 300 F/O DC-9/MD-80 5.725 TOTAL TIME: 12.586

RAVSA-3

RAVSA Operating Schedule

VNE-920 Origin MAR/12:30Z Arr MIA/15:20Z

VNE-923 Origin MIA/16:30Z Arr CCS/19:45Z

VNE-922 Origin CCS/20:45Z Arr MIA/00:00Z +1

VNE-921 Origin MAR/01:15Z+1 Arr MAR/04:05Z +1

RAVSA-4

List of aircraft that are currently owned, leased or operated by RAVSA

Registration

NumberMODEL

SERIAL

NUMBERCONDITION

YV268T B737-200 23099 LEASED

YV287T B737-200 22728 LEASED

YV296T B737-200 22024 LEASED

YV302T B737-200 23088 LEASED

YV270T J4100 41097 LEASED

YV280T J4100 41027 LEASED

YV283T J4100 41033 LEASED

YV293T J4100 41033 LEASED

RAVSA-5

RAVSA-6

RAVSA-7

Docket OST 95-236 U.S. Department of Transportation Office of the Secretary of Transportation AGREEMENT ___________________________________________________________________________________________________________________________________________________________________________________________

The undersigned carriers (hereinafter referred to as “the Carriers”) hereby agree as follows:

1. Each of the Carriers shall, effective May 16, 1966, include the following in its conditions of carriage, including tariffs embodying conditions of carriage filed by it with any government:

“The Carrier shall avail itself of the limitation of liability provided in the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw October 12th, 1929, or provided in the said Convention as amended by the Protocol signed at The Hague September 28th, 1955. However, in accordance with Article 22(1) of said Convention, or said Convention as amended by said Protocol, the Carrier agrees that, as to all international transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol, which, according to the contract of Carriage, includes a point in the United States of America as a point of origin, point of destination, or agreed stopping place

(1) The limit of liability for each passenger for death, wounding, or other bodily injury shall be the sum of US $75,000 inclusive of legal fees and costs, except that, in case of a claim brought in a State where provision is made for separate award of legal fees and costs, the limit shall be the sum of US $58,000 exclusive of legal fees and costs.

(2) The Carrier shall not, with respect to any claim arising out of the death, wounding, or other bodily injury of a passenger, avail itself of any defense under Article 20(1) of said Convention or said Convention as amended by said Protocol.

Nothing herein shall be deemed to affect the rights and liabilities of the Carrier with regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a passenger.”

2. Each Carrier shall, at the time of delivery of the ticket, furnish to each passenger whose transportation is governed by the Convention, or the Convention as amended by the Hague Protocol, and by the special contract described in paragraph 1, the following notice, which shall be printed in type at least as large as 10 point modern type and in ink contrasting with the stock on (i) each ticket; (ii) a piece of paper either placed in the ticket envelope with the ticket or attached to the ticket; or (iii) on the ticket envelope:

“ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY

Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers on a journey to, from, or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of [certain ]* [(name of carrier) and certain other] carriers parties to such special contracts for death of or personal injury to passengers is limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such special contracts or on a journey not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for death or personal injury to passengers is limited in most cases to approximately US $10,000 or US $20,000.

The names of Carriers parties to such special contracts are available at all ticket offices of such carriers and may be examined on request.

Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under the Warsaw Convention or such special contracts of carriage. For further information please consult your airline or insurance company representative.”

3. [This Agreement was filed with the Civil Aeronautics Board of the United States. The Board approved it by Order E-23680, adopted May 13, 1966. The Agreement (Agreement 18900) became effective May 16, 1966. On January 1, 1985, this Agreement became the responsibility of the Department of Transportation (DOT) by operation of law.]

4. This Agreement may be signed in any number of counterparts, all of which shall constitute one Agreement. Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositing it with DOT.

5. Any Carrier party hereto may withdraw from this Agreement by giving twelve (12) months’ written notice of withdrawal to DOT and the other Carriers parties to the Agreement. ______________________________ (Signature and Date) __________________________________________________ *Either alternative may be used.

(Printed Name and Title) __________________________________________________

(Name and Address of Carrier) __________________________________________________ OST Form 4523 (Formerly CAB Form 263) __________________________________________________

RAVSA-8

RUTAS AEREAS DE VENEZUELA S.A.FAMILY ASSISTANCE PLAN

I . O v e r v i e w

The purpose of the Family Assistance Plan of Rutas Aereas de Venezuela S.A.(hereinafter call the "Plan") as set forth herein is to provide company personnel with theguidelines, procedures and training that will enable them to act in the best interest ofsurvivors and victims' families in the event of an aviation disaster; to treat survivorsand families with dignity; and to respect the cultural and religious backgrounds ofsurvivors and families.

II. Pre-Response Planning

A. In accordance with the Foreign Air Carrier Family Support Act of 1997, PublicLaw 105-148 (111 Stat. 2581) and 49 U.S.C. Sections 1136 and 41313amended by the Wendell H. Ford Aviation Investment and Reform Act for the 21stCentury (AIR-21), Public Law 106,181 (114 Stat. 61), RAVSA herebypublishes its Family Assistance Plan and will insert the Plan into all appropriate RAVSAmanuals.

B. The treatment of families of non revenue passenger (and any other victim of theaccident) will be the same as the treatment of the families of revenue passengers.

C. The RAVSA Emergency Response Teams will be utilized to respond to likelyneeds of survivors and families.

D. Training of Family Assistance Personnel will be sufficient to meet theneeds of survivors and family members following an accident. Training to RAVSAemployees and agents will be conducted in conjunction with RAVSA SpecialAssistance Team Training recognizing that -

1. A. list of trained Family Assistance Personnel will be maintained in theRAVSA Emergency Response Plan.

2. Personnel who are in public contact positions need to know how torespond to inquiries and facilitate responses to them.

3. Families may seek assistance from RAVSA at airports that areneither the origin nor the destination of the flight at which RAVSAmaintains a facility.

4. Simulations of the Plan will be held annually in addition to participationin local disaster drills.

5. After an aviation disaster involving an RAVSA aircraft, a toll—free800 number will be published for the use of families to inquireabout passengers.

6. It is the policy of RAVSA that Manifest information will only bereleased to the proper U.S. National Transportation SafetyBoard (NTSB) authorities having jurisdiction of the accidentsite by the designated RAVSA Security Coordinator to theNTSB, the RAVSA NTSB Family Assistance Coordinator, ManagingDirector and CEO or Director of Flight Operations. Any otherrelease of manifest information is considered unauthorized andprohibited.

7. RAVSA will inform family members (or family friends or clergywho are with the family) at an appropriate time, but as early aspossible after being notified, that it is critical that they contacttheir family dentist to obtain the dental records and dental x—raysof their loved one. RAVSA will ask the family to have the recordsand x—rays sent by overnight courier service to the address ofthe hotel where the joint family support operations center willbe located. Packages should be addressed to the Director FamilySupport Services, NTSB. If the family is coming to the site thenext day, the family may arrange to hand carry these documents.If the family is already at the accident site or arrives withoutmaking these arrangements, the Disaster Mortuary Teampersonnel will coordinate with the family's dentist to obtain dentalrecords and dental x—rays.

III. Passenger Manifest, Ticket Reconciliation and Notification

A. In order to determine which passengers actually boarded the flight,RAVSA personnel immediately after the accident will begin a review of thefollowing:

1. On Board Passenger Mani fest

2. Standby passengers

3. Non- revenue passengers

4. Rerouted passengers

5. Passengers who canceled their reservation

6. J u m p S e a t r i d e r s

This process could be delayed by persons traveling underdifferent names.

B. RAVSA will release, upon request, to the NTSB Family SupportServices Director a passenger list that reflects the best available informationat the time of the request.

1. All personnel involved with handling of manifest will be briefed as tothe confidential/sensitive nature of this information.

2. All appropriate manifest lists will be stamped "PRELIMINARY ANDUNCONFIRMED" with the date, time and list number.

3. RAVSA will update the list periodically.

4. Upon request, RAVSA will provide to the U.S. Department of Stateinformation in its possession about foreign passengers.

5. RAVSA shall not be liable for damages in any action brought in aU.S. Federal or State court or a court of the Republic of Venezuela arisingout of the performance of RAVSA in preparing or providing a passengerlist pursuant to this Plan unless the liability was caused by conduct ofRAVSA which was grossly negligent or which constituted intentionalmisconduct.

C. Notification Procedures

1. As soon as information becomes available on each passenger, thatpassenger's family will be notified. Notification to family members will bemade prior to release of the passenger's name to the public and, to the extentpossible, in person.

2. RAVSA personnel making the notification will be suitably trained asnoted in Para. II D of this plan.

3. RAVSA will secure a facility for family members that will insure privacy fromsolicitors and the media.

4. After coordination with NTSB, RAVSA will provide a joint supportoperations center to provide logistical support to the federal staff.

5. As appropriate, RAVSA will continually update the public on the progress offamily notification.

D. Confidential/Sensitive Information

As stated in II. D. 6. of this document, any unauthorized release ofmanifest information is prohibited.

IV. Passenger Identification

A. Medical Examiner/Coroner

1. The medical examiner or coroner is responsible for the positiveidentification of fatalities.

a. If the victim has died the medical examiner will coordinatedwith the Disaster Mortuary Team Commander to provide officialnotification of death to the family.

b. For injured passengers, the hospital is responsible for statusupdates and wither the hospital or RAVSA will advise the families.

V. Family Access to the Accident Site

A. The U.S. NTSB has primary U.S. Federal accident—site jurisdiction.

B. Within the limits the authorities have established, RAVSA will respond to familyrequests for access to the accident scene.

C. RAVSA will assist the family of a passenger in traveling to the location of theaccident and provide for the physical care of the family while the family is stayingat such location including the following:

1. Transportation to and from accident city.

2. Hotel accommodations at accident city for a reasonabletime period.

3. Meal voucher during hotel stay and day of travel to and from theaccident city.

VI. Human Remains and Personal Effects

A. The medical examiner is responsible for the disposition of identifiable andunidentifiable human remains.

B. Authorities should return identifiable personal effects to victim's family ratherthan having RAVSA become a custodian of them; authorities should determinedisposition of unidentifiable personal effects.

C. Personal effects that come into the control of RAVSA will be handled inthe following manner after release from NTSB:

1. RAVSA will consult with each family about the disposition ofpersonal effects that are in RAVSA’s control.

2. RAVSA will return to the family, if requested, any passenger's

possession that is under the control of RAVSA.

3. RAVSA will retain for 13 months any unclaimed property of apassenger that is under RAVSA's control.

4. RAVSA will consult with the families about the constructionby RAVSA of any planned monument including the inscription on it.

VII. Relationship with Designated Independent Organization

A. RAVSA will work with the independent nonprofit organization thatis designated under 49 U.S.C. Section 36(a) (2) on an ongoing basis toprovide mental health and counseling service to families.

1. Mental health services can be coordinated on a local basisthrough the nonprofit organization or these services can bebrought in from another city where the airline may have a MentalHealth Professional on retainer.

2. Should long term counseling be required RAVSA will coordinatewith the nonprofit organization appointed by the NTSB, the familyand the company providing the service.

B. RAVSA will develop a procedure to pay reasonable compensation tothe NTSB-designated independent non-profit organization as requiredby 49 U.S.C. Section 41313 (c) (11).

C. RAVSA, in the event that it volunteers assistance to United Statescitizens within the United States with respect to an aircraft accidentoutside the United States involving major loss of life, will consult withthe NTSB and the Department of State on the provision of assistance.

VIII. Resources for the Plan

RAVSA will provide the personnel and financial resources necessary to carryout its responsibilities under this Plan.

IX. Filing of this document with NTSB and DOT

A. Pursuant with the Foreign Air Carrier Family Support Act 1997 and 49U.S.C. Section 41313(b), this document will filed with the NationalTransportation Safety Board and the U.S. Department of Transportation.

B. RAVSA's 24 hour operations contact number has been provided tothe NTSB under separate letter and is not for public disclosure.

RAVSA-9

UNITED STATES PASSENGER MANIFEST PLAN

RUTAS AEREAS de VENEZUELA (“RAVSA”) hereby submits to theDepartment of Transportation its plan as required under 14 C.F.R. § 243 toensure that the U.S. government has prompt and adequate information in caseof aviation disaster on covered flight segments.

I. The following procedures are implemented for all RAVSA flightsoperating to or from the United States.

II. RAVSA intends to collect the full name and contact information fromeach U.S. citizen traveling on its covered flights at the time theirreservations are made or at the airport before check in. The followinginformation will be required: first name, last name and middle initial. Thename and phone number of a contact person NOT traveling with thepassenger will be requested. Any US citizen who refuses toprovide this information will be prohibited from boarding the flight.

III. These data will be introduced in our reservation system.

IV. The information collected:

Will be kept until all passengers have disembarked.

Will be kept confidential and released only to theU.S. Department of State, the NationalTransportation Safety Board, the U.S. Department of

Transportation, and the RAVSA crisis center.

Will never be used for commercial purposes.

Will be destroyed after arrival of the flight concerned.

V. In case of disaster, the information will be sent as rapidly as possibleby the departure station to the RAVSA Flight Operations Center, whichwill be responsible for sending this information to the U.S.Department of State, the U.S. Department of Transportation and onrequest to the National Transportation Safety Board, not later than threehours after RAVSA learns of an aviation disaster involving the airline.

All information and queries concerning an emergency situation involvingRAVSA must be sent to RAVSA Flight Operations Center which is open 24hours a day at the following telephone and fax numbers:

Telephone: 58-212-208 84 00

Fax: 58-212- 355 13 04

All RAVSA managers may be contacted through this office within a shorttime period.