Hogan

Lovells

Hogan Lovells US LLP

Columbia Square

555 Thirteenth Street. NW

Washington, DC 20004

August 26,2014

BY ELECTRONIC SUBMISSION BY ELECTRONIC MAIL

Docket DOT-OST -1998-3304

Docket Operations Facility

U.S. Department of Transportation

West BuHding Ground-Floor, RoomW12-140

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 Comlux Malta Ltd.

Ladies-and Gentlemen:

Pursuant to 49 U.S.C. § 41313 and DOT's Notice dated January 20,2004, Comlux Malta Ltd.

("Com lux Malta") hereby submits an updated plan to address the needs of families of passengers

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

Com lux Malta ("Plan"). The enclosed Plan, extracted from Comlux Malta's Emergency Response

Manuat describes procedures that compty 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.

Comlux Malta's updated 24-hour contact information for use in the event of an emergency is as follows

(contact information deleted from DOT version of letter):

Telephone: . __

Fax:

E-mail:

Please contact me if you need additional information regarding Comlux Malta's Plan.

S0inCerel~Y'~~_:" ;/

/,- - ~/ -/

/ /

Sheryl R. Israel

Counsel

Counsel for Comlux Malta Ltd.

Enclosure

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

Hogan-LovellsInternationalLLP.with offices in: : A1icante: Amsterdam Baltimore Beijing Brussels Caracas ColoradoSprings Denver Dubai Dusseldorf Fran~furt

Hamburg Hanoi Ho Chi Minh City Hong Kong Houston Johannesburg London Los Angeles Luxembourg Madrid Mexico City Miami Milan Monterrey Mos.oow

Munich New York Northern Virginia Paris Philadelphia Rio de Janeiro Rome San Francisco sao Paulo Shanghai Silicon Valley Singapore Tokyo -Ulaanbaatar

Warsaw Washington DC Assodated offices: Budapest Jakarta Jeddah Riyadh Zagreb. For more information-see www.hoganlovells.com

I\DC - 041091/000002 - 5776033 vi
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comlux Emergency Response Manual ERM Revision 9

4.6 Org-anization Accident Side within United States Territory

AVIATION PISASTER FAMILY ASSISTANCE PLAN

4.6.1 Introduction

Com lux is committed to comply with both its legal and moral obligations in the event of an accident

involving an aircraft under Com lux control.

It is COm-luxAviation's goal to meet the emotional needs of both the victim s and their fam ilies that

would arise as a result of an accident involving loss of life or serious injury.

The goal is to provide quick, efficient and sensitive notification of an accident to the passengers'

families and a flow of information always mindful of the families' privacy. It will be Comlux Aviation's

major objective to expedite the return of personal property and human remains to speed the grieving

process and aid in emotional recovery.

This is bestdone through cooperation with federal, state and local authorities as well as volunteer

organizations and consultation with affected fam ilies.

4.6.2 Telephone Procedures

In the event of an aircraft accident within the United States, Com lux Aviation's hom e base will be responsible for comm unicating an em ergency toll free num ber to NTSB/DOT and to the media for

public dissem ination and for arranging staff to take calls to such num ber from fam ilies of passengers.

Comlux through Kenyon will only advise 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

autborities, Comlux willad¥ise the caller if authorized to do so. Comlux will not withhold verified information from fam~y members regarding individual passengers pending verification of the entire pa~-

senger list.

4.6.3 Family Notification

To the extent practicable, Com lux will notify in person the families of passengers involved in an accident. Such notification will be provided either by suitably trained Com lux representatives (particularly

if the family members are present at the airport of departure or intended arrival), or by using the services of the organisation desiqnated 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 names of passengers/crew

can be verified. Com lux will not withhold confirmed information regarding individual passengers

pending verification of a complete manifest.

4A~.. Passenger Us·ts

Com lux will provide an initial passenger/crew list immediately upon request. This list will be updated

periodically to reflect current information and will be provided regardless of whether all names have

been verified.

This list will be transm itted only to:

a) The American Red Cross, which is the designated organization under 49 U.S.C.

§ 11.36(a).(2.);

b) The NTSB Director of Family Support Services desiqnated under 49 U.S. C.

§ 1136(a)(

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It is the responsibility of the local medical examiner, coroner, or other designated local, state or federal authority to recover, identify, dispose of or return to families the identifiable and unidentifiable human remains. Com lux will comply with the requirements of these authorities and shall consult with the

family of each passenger about the disposition of any remains or personal effects that are under its

control.

4.6.6 Return of Possessions

Any personal property or human remains ofa passenger or crew member under the dominion and

control of Comlux (regardless of its condition) will be returned to the family upon request. This includes any personal property under control of Com lux Aviation's vendor.

Notwithstanding the foregoing, Comlux or its vendor will not return property that is required by competent authorities for the purpose of accident or crim inal investigation until the authorities release said

property.

4.&.1_. Unclaimed· Possessions

Com lux or its vendor will retain any unclaimed personal property within Com lux Aviation's control

for a period of not less than eighteen months.

4.6.8 Monuments

Comluxwill not construct any monumenttopassengers and crew in the United States without

prior consultation with each fam ily as to construction, design and inscription.

4.6.9 Equal Treatment of Passengers

Com lux will not discrim inate between fam ilies of revenue and non-revenue passengers when

providing assistance under this plan.

4;6;10 Service and Assistance

Com lux will cooperate fully with the DOT, NTSB and the American Red Cross which is the organization deSignated under 49 U.S.C. § 1136(a)(2) on an ongoing basis to insure that families

receive appropriate care following an accident.

Com lux will also cooperate fully with FEMA, the Departm ent of State and the Departm ent of

Health and Human Services.

Furthermore, in the event Com lux volunteers assistance to U.S. citizens within the U.S.

with re- spect to an accident outside the U.S. involving major loss of life, Comlux will consult

with the Na tional Transportation Safety Board and the Department of State regarding the

provisions of such as- sistance.

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4.6.11 "f-raveland Care Expense.

Comlux will assist families of passengers with travel to and

accommodations at:

1. The location of the

accident, or

2. The U.S. airportofihe flight's origin/destination if the accident is a considerable

distance from the airport and/or occurs in a remote area without sufficient

accommodations.

Com lux 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

family crisis centre and far removed from the media. Unless the families' wishes are to the

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 orthe

task will have been contracted out to a reliable vendor.

4.6.12 Compensation to service Organizations·

Com lux 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 event

there is a material chanpein predicted costs including but not limited to costs which were

not previously anticipated.

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Comlux will commit sufficient resources or credit to rover expenses associated with this plan. In addition, Com lux intends to arrange with its insurers a means of reimbursing Comlux for expenses incurred under this plan on a revolving basis to provide for a steady flow of funds.

4$.14. Damage-to-Property.

In the event that an accident causes significant damage to a man-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 dam age with means for obtaining com pensation.

Such notice shall advise the owner:

(i) to contact the insurer of the property as the authoritative source for information about coverage and compensation;

(iij' to-not rely on unofficial information otferedby foreign air carrier representatives about

compensation by the foreign air carrier for accident-site property damage; and

(iii) to obtain photographic or other detailed evidence of property dam age as soon as possible

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

4.6.15 NTSB Hearings

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 and destination city of the flight (if such city is located in

the United States).

4.6.16 Further Assurances

Com lux wilLprovide adequate training. to its em ployees and agents to meet the needs of survivors and

fam ily mem bers following an accident.

Com lux will promptly advise the DOT/NTSB of any changes to the above plan in writing.

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