Hogan

Lovells

Hogan Lovells US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

December 20,2013

BY ELECTRONIC SUBMISSION BY ELECTRONIC MAIL

Docket DOT-OST -1998-3304

Docket Operations Facility

U.S. Department of Transportation

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Michael Crook

Coordinator, Transportation Disaster Operations

Transportation Disaster Assistance Division

National Transportation Safety Board

490 L'Enfant Plaza East, SW

Washington, DC 20594

Re: Plan to Address the Needs of Families of Passengers Involved in Aircraft Accidents --

Submission of Plan for ACM AIR CHARTER Luftfahrtgesellschaft mbH

Ladies and Gentlemen:

Pursuant to 49 U.S.C. §41313 and DOT's Notice dated January 20,2004, ACM AIR CHARTER

Luftfahrtgesellschaft mbH ("ACM") hereby submits a plan to address the needs of families of

passengers involved in accidents within the United States that involve aircraft under the operational

control of ACM ("Plan"). The enclosed Plan describes procedures that comply with the requirements of

the Foreign Air Carrier Family Support Act of 1997, as amended by the Wendell H. Ford Aviation

Investment and Reform Act for the 21st Century (AIR-21) and the Vision 100-Century of Aviation

Reauthorization Act.

ACM's 24-hour contact information for use in the event of an emergency is as follows (contact

information deleted from DOT version of letter):

In addition, please feel free to contact the undersigned if you have any questions concerning ACM's

operations or the procedures described in the enclosed Plan.

Sincerely,

/~/ ~/ r

Sheryl R. Israel

Counsel for ACM AIR CHARTER Luftfahrtgesellschaft mbH

Enclosure

Hogan Lovells US LLP is a limited liability partnership registered in the District of Columbia. "Hoqan Lovells· is an intemationallegal practice that indudes Hogan Levens US LLP and

Hogan Lovells Interna1ional LLP, with offices in: Alicante Amsterdam Baltimore Beiiing Brussels Caracas Colorado Springs Oenver Dubai Dusseldorf Frankfurt

Hamburg Hanoi Ho Chi Minh City Hong Kong Houston Johannesburg London LosAngeles Luxembourg Madrid Miami Milan Moscow Munich New York Northern

Virginia Paris Philadelphia Prague Rio de Janeiro Rome San Francisco Shanghai Silicon Valley Singapore Tokyo Ulaanbaatar Warsaw Washington DC Associated

offices: Budapest Jakarta Jeddah Riyadh Zagreb, For more information see www.hoganlovells.oom
ACM FA MIL Y ASSISTANCE PLAN

AIR CHARTER

1. ACM AIR CHARTER Family Assistance Plan

ACM AIR Charter does hold a Foreign Air Carrier Permit issued by the US. of America

Department of Transportation.

This Family Assistance Plan is prepared in accordance with the requirements of Title 49

U.S.C. Section 41313 and supplements the applicable procedures laid down in ACM AIR

CHARTER's Emergency Response Manual. Any revision to this plan shall be submitted

to the Secretary of Transportation and the Chairman of the National Transportation

Safety Board.

This Family Assistance Plan is addressing the needs of the families of passengers

involved in an aircraft accident within the United States that involves an aircraft under the

control of ACM AIR CHARTER

2. COMMUNICATION WITH THE PUBLIC

Following an aviation disaster within the United States involving an aircraft under control

of ACM AIR CHARTER, a toll-free reliable phone number will be published on a

dedicated emergency homepage of the company

The Telephone Enquiry Centre as defined in the Emergency Response Manual chapter

15 will be sufficiently staffed to take calls to such number from families of passengers

involved in the accident

3. Notification to Families

ACM AIR CHARTER's Family Assistance Team (refer to Emergency Response Manual

chapter 14) will notify as soon as practicable, whether or not the names of all of the

passengers have been verified, and in person to the extend practicable, the families of

passengers of an accident that involves an aircraft under the control of ACM AIR

CHARTER and results in a significant loss of life before providing any public notice of the

names of such passengers. The Family Assistance Team members are suitably trained

to perform this task.

No family member will be notified unless it is assured by checking the Passenger

Manifest that the passenger has actually boarded the aircraft and the notification is

released by the Emergency Director.

The Family Assistance Team will consult with the family of each passenger regarding the

disposition of all remains and personal effects of the passenger within the control of ACM

AIR CHARTER

4. LIST OF PASSENGERS

Immediately after receiving notification of an aircraft accident the ACM AIR CHARTER

Operations Control Centre will verify the passenger manifest. If in doubt that a passenger

has boarded the aircraft, the Operations Control Centre shall use all possible efforts (Le

by calling the Handling Agent of the departure airport) to assure that the passenger was

really on board the aircraft. If still in doubt the Family Assistance Coordinator will inform

the Emergency Director who will decide how to proceed.

A verified passenger list signed by the Emergency Director should be available within 30

minutes after notification of the accident and a copy must immediately be provided to the

US NTSB and the State Department Whether the list is verified or not, it must be

provided immediately upon request to the director of family support services and the
~

ACM

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FA MIL Y ASSISTANCE PLAN

AIR CHARTER

independent non-profit organization designated by the Board for the accident under 49

U.s.e. Section 1136 (a), with subsequent updates.

5. CONSULTATION REGARDING DISPOSITION OF REMAINS AND EFFECTS

The Family Assistance Team will consult with the family of each passenger regarding the

disposition of all remains and personal effects of the passenger within the control of ACM

AIR CHARTER

6. RETURN OF POSSESSIONS

As soon as the possessions of a passenger are released by the investigator-in-charge

and if requested by the family of the passenger, ACM AIR CHARTER will return any

possession regardless of condition to the family of the passenger.

7. UNCLAIMED POSSESSIONS

If ACM AIR CHARTER is advised by the family of a passenger not to return any

possession of a passenger to the family or if there are any possessions within the control

of ACM AIR CHARTER which could not be identified or which is unclaimed, ACM AIR

CHARTER will securely store these possessions for at least 18 months.

8. MONUMENTS

ACM AIR CHARTER will consult with the family of each passenger about construction

and location within the U.S of any monument to the passengers including any inscription

on the monument.

9. EQUAL TREATMENT OF PASSENGERS

ACM AIR CHARTER will treat families of non-revenue passengers of the accident the

same as they treat revenue passengers.

10. SERViCE AND ASSISTANCE TO FAMILIES OF PASSENGERS

ACM AIR CHARTER will work with any organization designated under 49 US.C. Section

1136 (a)(2) on an ongoing basis to ensure that families of passengers receive an

appropriate level of services and assistance following an accident.

11. COMPENSATION TO SERVICE ORGANIZATIONS

ACM AIR CHARTER will provide reasonable compensation to any organization

designated under 49 U.S.C. Section 1136 (a)(2) for services provided to or on behalf of

ACM AIR CHARTER by that organization

12. TRAVEL AND CARE' EXPENSES

ACM AIR CHARTER will support families of passengers in travelling to the location of the

accident and provide for the physical care of the families while the families are staying at

such location.

13. RESOURCES FOR PLAN

ACM AIR CHARTER will provide sufficient resources to carry out the plan

14. TRAINING OF EMPOL YEES

ACM AIR CHARTER will provide initial and recurrent training to employees and agents

who are fulfilling a function in the emergency response team to meet the needs of

survivors and family members following an accident.
::-

ACM FA MIL Y ASSISTANCE PLAN

AIR CHARTER

15. CONSULTATION ON CARRIERS RESPONSE NOT COVERED BY THE PLAN

In the event that ACM AIR CHARTER volunteers assistance to United States citizens

within the United States with respect to an aircraft accident outside the United States

involving major loss of life, ACM AIR CHARTER will consult with the Board and the

Department of State on the provision of the assistance

16. NOTICE CONCERNING LIABILITY FOR MAN·MADE STRUCTURES

In the event that ACM AIR CHARTER is involved in an accident that results in significant

damage to a man-made structure or other property on the ground that is not governmentowned, ACM AIR CHARTER will promptly provide notice, in writing, to the extend

practicable directly to the owner of the structure or other property about liability for any

property damage and means for obtaining compensation.

The written notice shall advise an owner to contact the insurer of the property as the

authoritative source for information about coverage and compensation and to not rely on

unofficial information offered by ACM AIR CHARTER representatives about

compensation by ACM AIR CHARTER for accident-site property damage; and to obtain

photographic or other detailed evidence of property as soon as possible after the

accident, consistent with restrictions on access to the accident site.

17. SIMULTANEOUS ELECTRONIC TRANSMISSION OF NTSB HEARINGS

In case that the NTSB conduct a public hearing on an accident involving an ACM AIR

CHARTER aircraft at a location greater than 80 miles from the accident site, ACM AIR

CHARTER 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

ACM AIR CHARTER flight if the city is located in the United States.

November 19, 2013

ACM AIR CHARTER

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I-jt,mn'eforeKuehl-MinnYnger

Chief Executive Officer