# COZEN O'CONNOR
June 11, 2013 Mark W. Atwood Direct Phone 202-463-2513 Direct Fax 202-478-2751 matwood@cozen.com 

## Elizabeth J. Wadsworth Direct Phone 202-463-2537 Direct Fax 202-618-4853 ewadsworth@cozen.com



## VIA E-MAIL Michael Crook Coordinator, Transportation Disaster Operations Transportation Disaster Assistance Division National Transportation Safety Board 490 L'Enfant Plaza East, SW Washington, DC 20594 VIA ELECTRONIC SUBMISSION Docket DOT-OST-1998-3304 Docket Management Facility U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Family Assistance Plan for Danish Air Transport A/S Dear Ladies and Gentlemen: Pursuant to 49 U.S.C. Section 41313 and DOT's Notice dated January 20, 2004, enclosed for filing is a summary of Danish Air Transport's plan to address the needs of families of passengers involved in accidents within the United States that involve aircraft under its operational control. The enclosed plan describes the company's procedures that comply with the requirements of the Aviation Disaster Family Assistance Act of 1996, as amended by the Wendell H. Ford Aviation Investment and Reform Act for the 21 st Century and the Vision 100-Century of Aviation Reauthorization Act. Please do not hesitate to contact us with any questions. Sincerely, COri O'CONNOR

By: Mark W. Atwood Elizabeth J. Wadsworth

Enclosure

1627 I Street, NW Suite 1100 Washington, D.C. 20006 202.912.4800 800.540.1355 202.861.1905 Fax cozen.com LEGALV16690918\1RAUSPORT The FlaRa,le Chalice Danish Air E nsport AiS Lufthavnsvej 7A 6580 Vamdrup



## Danish Air Transport A/S Plan to Address Needs of Families of Passengers

Involved in Foreign Air Carrier Accidents Revision 1: 29 May 2013 The Plan below summarizes the procedures that Danish Air Transport A/S (hereinafter referred to as "DAT" or "the carrier") has instituted, as required by the Foreign Air Carrier Family Assistance Act of 1996 (49 U.S.C. §41313), to collect passenger manifest information and to address the needs of families of passengers involved in aviation accidents or incidents occurring in the United States and involving DAT aircraft. Families of non-revenue passengers or carrier employees on board the aircraft will receive the same treatment as families of revenue passengers. DAT is an Danish passenger and charter air carrier. 1. Toll-Free Telephone Number. In case of an aircraft accident or incident that occurs within the U.S. and involves injuries to passengers and crew members and any other persons (hereinafter collectively referred to as "passengers") on board an aircraft operated by DAT, the carrier will publicize a reliable, toll-free, direct dial telephone number, and will provide suitably trained staff, either employees of the company, or of independent contractors, to handle calls from the families of all passengers on board the DAT aircraft. The toll-free number will be provided to the DOT, the NTSB and the organization designated for an accident or incident under 49 U.S.C. § 1136(a)(2) which is expected to be the American Red Cross. The number will also be released to the news media, local fire departments, and the relevant local airport authority if the accident or incident happens on or near an airport where the aircraft is taking off or landing. The toll-free number will be provided to these groups as soon as the carrier has confirmed that one of its aircraft was involved in an accident or incident. All information provided to the media will include a request that any report on the accident include the carrier's toll-free number. All U.S. stations used by DAT will be notified of an aircraft accident or incident requiring activation of this plan. These stations will contact their local airport authority and provide a telephone number where Station Managers may be contacted in the event that families of victims and/or survivors require assistance at airports other than the origin or destination airports of the aircraft involved.
In the event that DAT is carrying employees or contract agents of the chartering entity, that entity will be contacted and provided the toll-free number. In the event that the carrier is operating sub-service for another air carrier, DAT will coordinate with that carrier to determine which toll-free number should be released for additional information.

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2. Notification of Families. Following an aircraft accident or incident in the U.S., families of the passengers will be notified as rapidly as possible, in person if possible, by DAT's Emergency Response Manger or other suitably trained individuals employed by the carrier, or subcontracted emergency service, Contact names, addresses and telephone numbers will be provided by DAT to the American Red Cross. Notification to families will not be delayed pending verification of the entire crew list or passenger manifest. This process will be carried out before providing any public notice of the names of the victims. In the event that contact cannot be made with the family, DAT will request assistance from the organization designated for the accident under § 1136(a)(2). In the event that contact cannot be made within a reasonable period, the list of passengers may be made public at the carrier's discretion.

3. Notification of Property Owners. In the case of an accident that results in significantdamage to a manmade structure or other property on the ground that is not governmentowned, 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 (1) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (2) to not rely on unofficial information offered by air carrier representatives about compensation by the air carrier for accident-site property damage; and (3) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with the restrictions on access to the accident site.

4. List of Passengers. On flights requiring the carriage of U.S. citizen or permanent resident passengers to, from, or within the U.S., the charterer will be required to supply to DAT's Operations Department full details of the passengers to be carried on the flight, including the passengers full names and contact details of their next of kin. U.S. citizen or permanent resident passengers will be refused carriage if this information is not provided. For the carriage of non-U.S. citizen or permanent resident passengers, the charterer will be required to supply the full names of any such passengers to be carried on board a DAT aircraft. The list will be cross-checked as passengers on board the aircraft. The carrier's Operations Department must be notified of any changes to the previous information supplied. The carrier will have on file names and contact information on any DAT employees or agents who are carried aboard the aircraft.

REV 1 29/05/2013 Danish Air Transport A/5 Plan to Address Needs of Families of Passengers Involved in Foreign Air Carrier AccidentsTnAnS i.° 0 N Flemtrkt Choke Danish AY Transpod AIS Lufthavnsvej 7A 6580 Vamdrup In the event of an aircraft accident or incident, the full passenger details will be made available to the Director of Family Support Services designated for the accident under § 1136(a)(1) of the Act and, in the case of U.S. citizens or permanent resident, to the American Red Cross. 5. Consultation Regarding Disposition of Remains and Effects. DAT will consult with families of passengers concerning the disposition of the passengers remains and personal effects that are under control of the carrier. Wishes of the families will be honoured as much as possible.

6. Return of Possessions. If requested by the family, any of the passengers' possessions and/or personal effects under the control of DAT will be returned to the families unless the possession is needed for the accident investigation or any criminal investigation.

7. Unclaimed Possessions Retained. Any of the passengers' unclaimed possessions and/or personal effects will be retained by DAT for a period of eighteen (18) months after the date of the accident or incident.

8. Monuments. Not applicable.

9. Equal Treatment of Passengers.DAT will provide equal treatment to the families of all passengers, regardless of citizenship or class of service, to the extent permitted by applicable law.

10. Service and Assistance to Families of Victims. DAT will work with the NTSB or any organization designated under§ 1136(a)(2) of the Act on an on-going basis to ensure that families of all passengers receive an appropriate level of service and assistance following an accident or incident involving DAT aircraft.

11. Compensation to Service Organizations. DAT will provide reasonable compensation to any organization designated under §1136(a)(2) of the Act for services provided by the organization on behalf of the carrier. For expenses related to implementing this plan, the organization designated under §1136(a)(2) of the Act shall obtain invoices or other records for all outside services and/or materials arranged on behalf of DAT.

12. Travel and Care Expenses. DAT will provide reasonable accommodation and transportation for the families of passengers who wish to travel to the accident site. Upon request, the carrier will work with the responsible authorities to arrange family visits to the accident site or to the hospital(s), unless access to the site is limited by terrain, biohazard and/or hazardous materials concerns, security measures, or other unforeseen conditions.

13. Access to NTSB Proceedings. 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 REV 1 29/05/2013 Danish Air Transport A/S Plan to Address Needs of Families of Passengers Involved in Foreign Air Carrier AccidentsAit YRANSPORT The Flexible Choice Danish Air Trwisport NS Lufthavnavej 7A 6580 Vamdrup origin city and destination city of the air carrier's flight if that city is located in the United States.

14. Training. DAT has trained personnel to meet the needs of survivors and family members following an accident. When an agent of the airline is expected to provide assistance to passengers and families of passengers following an accident, DAT will ensure that the agent has been provided with adequate training.

15. Consultation Concerning Assistance to United States Citizens. DAT will, where it volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving a major loss of life, consult with the National Transportation Safety Board and the Department of State on provision of assistance.

16. Resources for Plan. DAT will ensure that sufficient resources are committed to carry out this plan in the event of an accident or incident involving a DAT aircraft.

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