# Hogan



# Lovells Hogan love lis US l lP Columbia Square 555 Th i rteent h Street , N W Was h ington , D~OO4 

### August26 , 2014 BY E LECTR ONIC SUBMISSION BY ELECTRONIC MAIL D ocket DOT -OST - 1998-3304 D ocket Operati o ns Fac ility U . S . D e partm e nt of Transportation West Building GrouAd Floor , Room W12-14Q . 

### 1200 N ew Jersey Avenue, SE Washington, DC 20590 Mi chae l Croo k Coo rd i nator , T ransportat ion D i saster Operat i ons Transportation Disaste r Assista n ce Divisi o n N ational Transportation Safety Board 490 L'Enfant Plaza East, SW Washington, DC 20594 Re : Plan to Ad d ress th e N e eds of Fami li es of Passengers I nvolved in Aircraft Accidents -- Submi ssi o n of Plan for Comlux Aruba N V. ladies - and G e ntlem e n : Pursuant to 49 U . S.C . 

### § 41313 and DOT' s Notice dated January 20 , 2004 , Co m lux Aruba N Y ( " Com lux Aruba") h e reby submits an updated plan to address the needs of famil i es of passe n ge rs involved i n accidents within t h e United States that involve a i rcraft unde r the ope ratio n al cont rol of Comlux Aruba ("Plan") . The en c losed Plan , extracted from Com lux Aruba ' s E m ergency Res ponse MaAl : .IaI ; describes - procedures that comply : w itt l , the - requirements of t he Foreign Ai r Ca rrier Family Support Act of 1 9 97 , as amended by the Wendell H. Ford Aviat ion I nvest me nt and Refo rm Act for the 2 1st Century (AIR-2 1) an d the Vision 100-Century of Aviation Reauthorization Act . . Comlux Aruba's updated 24- hour contact informat i on fo r use in the event of an emergency i s as fol l ows (contact i nformation d e l eted from DOT ve rsion of lette r): Telephone : Fax : E - mail: 

# - - Please contact me if you need additional information regarding Com l ux Aruba ' s P l an .



## s~ ~~ Sh e ryl R . lsrael Counse l Counsel for Comlux Aruba NV En c l osure

Hogan Lovells U S LLP i s a limite d l i abili ty pa rtn e rship re giste red in th e Dist ri ct of Co lumb i a . " H oqan Lovel l s " is a n i n te mation all ega l pract ice t hat in d udes H o gan Lovells U S L LP an d Hogan Loven a-t ntern atto n et Ll . Prwttrr offices : in : ", : Alica n te A mste rdam . Balti m o re - - Beijing ' " Brussels C aracas Colorado Sp ring s Denve r Dub ai Du ss el do rf Fra n kfurt Hamburg Hano i Ho C hi M i nh C ity H o ng Kong H o usto n J o h a nnesburg Lo ndon Los An g eles Lu xe m bo urg M adri d M ex ico C i ty Mi am i M ilan Mo nterrey M oscow M uni c h New York Nort hern Virg i nia Pa ri s Ph ilad el ph ia R io de Ja neiro Ro m e S a n Fran c is co Sac Pau lo S hangh a i S i l icon Valley S ingapore To kyo -tJ 1 aanb aata r Wa rsaw Was hin gto n DC Assoc i ated off i ces : B u d a pest Ja karta Jedd ah ~iyad h Zag reb . For mo re informatio n see W>WI . h ogan l ovel ls . co m \\DC . 04 1 09 1 1 000002 - 5 7747 1 6 viEdition 1 

### C0lY!J~ , ~ E . . .• m . •.• e... . ::rg~en .. .• cy~Re:..: . ; sp::.:o_ns

...• e...• O . ..;rg : : : .a . ..• ni. . .• za.. . : . .tio.:. .n.:..__ ...;R. :. :ev ; .:.: i . :. . sio:: .: .n...;9=---

_



## 4.6 Organization Accident Side within United States Territory

AVIATION DISASTER FAMilY ASSISTANCE PLAN 

## 4.6.1 Introduction

Com lux is committed to comply w i th both its legal and moral obligations in the event of an accident involving an aircraft under Com lux control. It is ComluxAviahon's goal to meetthe emotional needs of both the victims and their tam ilie5thatwould arise as a resul t of an accident involving loss of life or serious injury . The goal is to provide quick, efficient and sensitive notif i cation of an accident to the passengers ' families and a flow of information always mindful of the families ' privacy . It will be Com lux Aviation's major objective to expedite the return of personal property and human remains to speed the grieving process and aid in emotional recovery . Thi~is · best done through cooperation with federal , state and- local authorities as well as volunteer organizations and consultation with affected fam m ~ s . 

## 4.6.2 Telephone Procedures

In the event of an aircraft accident within the United States , Com lux Aviation ' s home base will be responsible for comm unicating an emergency toll free num berto NTSB/DOT and to the media for public dissemination and for arranging staff to take calls to such number from fam i Res of passengers. Com lux through Kenyon will only advi se callers that a particular passenger was on board after verification of that name but will not give out general information as to passengers on board and will only respond to specific inquiries as to particular passengers . To confirm the medical status is the sole duty of the authorities. If the medical status is verified by : the a u thorities, Com lux wilt adv~e the caller if authorized to do so. Com lux will not withhold verified in- format i on from fCjmily members regard i ng individual passengers pending verification of the entire passenger J !j >t. 

## 4 . 6 . 3 Family Notification

To the extent practicable , Comlux will notify in person the families of passengers involved in an accident. Such notif i cation w i ll be provi ded either by suitably trained Com lux representatives (particularly if the family mem bers are present at the a i rport of departure or intended arrival), or by · us i ng the services of the organisahondesignated for the accident under 49 U . S. C. § 1136 (a)(2) . Com lux will conduct notification procedures to each fam ily as soon as the nam es of Emergency Response Manual, Chapter 4 01.11 .2013 Page 6 © copyr i ght by Co m l ux A r uba N V

### ~ C : () l ~ll J )( E_m~e~rg~en~~~R_e~sp~o_ns~e~O~rg~a_ni~za_tio_n R_e_vi_sio_n_9

_ Edit i on 1 passengers/crew can be verified . Com lux w i ll not withhold confirmed information regarding individual passengers pending verification of a complete manifest. 

## 4.6.4 Passenger Lists

Comlu-x wil l provide- an initia~ passengeF/c rew list immed i ately upon request. This list will be updated periodically to reflect current information and will be provi ded regardless of whether all names have been verified. This l i st will be transmitted only to : a) The American Red Cross, which is the designated organization under 49 U.S.C . 1136(a)(2) ; b) The NTSB Directo r of Family Support Services des i gnated under 49 U.S . C.1136a 

## 4.6.5 Disposition of Remains and Effects

It is the responsibility of the local medical examiner , coroner, or other dssiqnated local , state or federal authority to recover , ident i fy , dispose of or return to fam ilies the identifiable and unidentifiable human- remains . Comlux w il l comp/y:with the requiremeots.of these authorit i es and shall consult with the family of each passenger about the disposition of any remains or personal effects that are u nder its control. . . 

## 4.6.6 Return of Possessions

Any personal property or human remains of a passenger or crew m ember under the dominion and control of Com lux (regardless of its condit i on) will be returned to the family upon request. This includes any personal property under control of Comlux Avi ation ' s vendor. Notwithstanding the forego i ng , Com lux or its vendor wi l l not return property that is required by competent authori ties for the purpose of acc i dent or criminal investigation until t he authori ties release said property . 

### 4.6.7 Unclaimed Possessions

Com lux or its vendor will retain any unclaimed personal property w i th i n Com lux Aviation ' s control for a period of not less than eighteen months . 

### 4.6.8 Monuments

Com lux will not construct any monumentto passengers and crew i n the United States without prior consultation with each family as to construction , design and inscription .

Emergency Response Manual, Chapter 4 \ t l co pyright by Com lux Aruba NV 01 . 11.201 3 Page 7Ed it ion 1 

### C : ()fl11tl)( E~m~e~rg~ en~~~R~ ~ ~p~o~ns~ e ~O~ ~ ~a~ni~za~t i o~n~ ~R~ e ~v i = s i o =n~ 9 ~

_ " 'VI€I " T ' O O "" 

## 4.6.9 Equal Treatment of 

## Passengers

Comlux will not discriminate between families of revenue and non-revenue passengers when p roviding assistance under this plan . 

## 4.6.10 Service and Assistance

Com lux w i ll cooperate fully w i th the DOT , NTSB and the American Red Cross which is the organization des i gnated under 49 U . S . C . § 1136(a)(2) on an ongoing basis to insure that families . receive appropri ate care foUowing.a n acc i de nt Com l ux will also cooperate fully with FEMA , the Depa rtment of State and the Department of Health and Human Services . Furthermore , in the event Comlux volunteers assistance to U . S . c i t i zens w i th i n the U.s. with respect to an accident outs i de t he U . S. involving maj or loss of life , Com lux w i ll consult with the Nationa l Transportation Safety Board and the Depa rtment of State regarding the provi sions of such ass i stance .

Emergency Resp ons e Manua l , Chap ter 4 (l copyright by Com lux Aruba NV 0 1.11. 2 0 13 Page 8

---------Edition 1 

### C : ()1l11lJ ) ( E_m_er~g_en_~~R_e~sp_o_ns_e_O~rg~an_iz_a_tio_n R_e_~s_io_n_9

_ .Ivt, . IT'\)N 

## 4.6 . 11 Travel and Care Expense

Comlux will assist families of passengers with travel to and accommodations at: 1 . Thelocationof the accident, or 2. The U.S. airport of the flight's origin/destination if the accident is a considerable distance from the airport and/or occurs in a rem ote area without sufficient accommodations. Comlux will assist in providing transportation between these accommodations and the accident site if approved by NTSB, DOT, FBI, etc . The NTSB is responsible for coordinating access to the accident site . Com lux will arrange with local hotels at each destination served to provide accommodations on an urgent and ad hoc basis together with a common room to act.as a fam ily crisis centre and far removed from the media . Unless the fam ilies ' w i shes are to tt : Je contrary, Com lux will discourage media access to them in order to ensure their privacy . Transportation and accommodation arrangements will be made either by Com lux or the task will have been contracted out to a reliable vendor. 

## 4.6.12 Compensation to service Organizations

Comlux will provide reasonable compensation to any organization designed under 49 U . S . C . 

### § 1136(a) (2) (presently the American Red Cross) for services and assistance provided by them . Com lux will settle in agreement with the appointed organization the costs also in the evert there is a material change in predicted costs including but not l i mited to costs whicb were not previously anticipated . . 

## 4.6.13 Resources

Com lux will commit sufficient resources or credit to cover expenses associated with this plan . In addition, Com lux intends to arrange with its insurers a means of reimbursing Com lux for expenses- incurroo under this- plan-on a revclving-basi -s-to provide for a steady flow of funds..

Emergency Response Manual . Chapter 4 C I co pyrig ht by Co m lux Aru ba N V 01.11 . 2013 Page 9Edition 1



### CO~J ~ , ~ ---=E::m:.::.e~rg~en.:.:r:y:!...R:.::e::csp::..:o::ns::..:e:...:O::!rg:!:a:.::ni=za:.::tio::n:....._ .....:R.:.:e:.::vi::sio::n.....;9=--

_ 

## 4.6.14 Damage to Property

In the event that an accident causes significant damage to a m an-made structure or other property on the ground that is not government owned , Com lux would provide prompt written notice to the owner regarding liability for property damage with means for obtaining compensation . Such notice shall advise the owner: (i) to contact the insurer of the property as the authoritative source for inform ation about coverage and compensation ; Oi) to not rely on unofficial information offered by fore i gn air carrier representatives about com pensat i on by the foreign 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 acc i dent site . 

## 4.6.15 NTSBHearings

In the event the NTSB holds a hearing on a flight ' s accident at a location more than 80 miles from the accident site , Com lux would ensure that such proceedings are simultaneously available by electronic means at- a location open to the public at both the origin ana destlnatien city of the flight (if such- city is-located in the United States) . 

## 4.6 . 16 Further Assurances

Com lux will provide adequate training to its employees and agents to meet the needs of survivors and fam ily m em bers following an accident. Comlux will pFomptlyadvi se the DO -TJNTSB-of any Changes-to the above plan in writing.

Emergency Response Manual , Chapter 4 © copyright by Comlux Aruba NV 01 . 11.2013 Page 10