# Hogan

Lovells Hogan Lovells US LLP Co lumb i a Square 555 Thirteenth Street . NW Washington , DC 2 0004 

### August 26 , 2014 BY ELECTRONIC SUBMISSION B Y ELECTRONIC MAIL Docket DOT - OST -1998-3304 Docket Operat i ons Facility U.S . Department of Transportatio n West BuHding G round - Floor, RoomW12- 140 1200 New Jersey Avenue, SE Washi n gton, DC 20590 M ichael Crook Coord i nato r , Transpo rtati o n D isaster Operations Transportati on Disaste r Assista nce Division N at iona l T rans po rtatio n Safety Board 490 L'Enfan t P laza East, SW Was h in gton, DC 20594 Re : Plan to Address the Needs of Families of P assengers I nvolved in Airc raft Acciden ts -- Submission of Plan for Comlux Malta Ltd . Ladies - and Gent l emen : Pursuan t to 49 U . S . C . 

### § 4 1 3 1 3 and DOT' s N otice dated J a n ua ry 20 ,2 004, Co mlux Malta Ltd . ( " Com lux Ma l ta " ) hereby submits an u pdated plan to address the n eed s of fami li es of passengers involved i n accidents within t he Uni ted States t h at invo lve ai rcraft u nde r th e o p e rati o nal control of Com lux Malta ( " P l an " ) . The enclosed Plan , ext racted from Co m lux M a lta 's E m e rge ncy Response Manuat describes procedures that compty with th e - req u ire m e nts of -the Fo re i g n Air Carrie r Family Support Act of 1997 , as amended by t he Wendell H. Fo rd Aviati o n I nvestm e nt a nd R eform Act for the 21 st Cen tu ry (A I R-21) and the V i sion 1 00-Centu ry of Aviat io n R eau th o rizati o n Act . Comlux Malta's updated 24-hour con tact in format ion fo r use i n t he eve nt of a n e m e rge n cy is as follows (contact information deleted from DOT vers i on of l ette r): Telephone : . __ Fax: E - mail: Please contact me if you need additional in formation regard ing Com l u x M a l ta 's P l a n . S 0 inCe re l~Y' ~~

_ : " ;/

/ ,- - ~/ -/ / 

### / Shery l R . Israel Co u nse l Counsel for Comlux Malta Ltd . Enclosure

Hogan Lovells US L L P is a l i m ited l i a b i li ty partn e rs h ip reg i stered in t he D ist rict of Columb i a . " H og g ln Lovells " i s an intemat io n a ll eg a l practice t hat ind ud es H ogan Love lls US LLP a n d H ogan - Lovell sI n ternational LLP . wit h offices in : : A 1icante : Amste rdam Ba l tim o re B eij in g Brussel s Caracas Co l o rad oSpri ngs Denve r Dubai Dusseldorf Fra n ~f urt Hamburg Hano i Ho Ch i Mi n h Ci ty H on g Kong Houston Jo h annesburg London Los A n g eles L u xembourg Madrid M exico Ci ty Miami M i lan M o n ter rey Mos . oow Munich New York Northern Vi rgi n i a Pari s Philadelphia R i o de J anei ro Rome San Franc is co sao Paulo Sha n ghai Si lico n Va ll ey Singapore Tokyo - U l aanb aata r Wa rsaw Washi n gto n DC Assodated offices : B udapest Jaka rta J eddah R i yadh Zagreb . For more information -see www . hoga n love ll s.co m I\DC - 041091/000002 - 577 603 3 viEdition 1



# comlux Emergency Response M a nual ERM Revis i on 9 

## 4.6 Org-anization Accident 

## Side within United States Territory

AVIATION PISASTER FAMILY ASSISTANCE PLAN 

### 4.6.1 Introduction

Com lux is comm i tted to comply with both its legal and moral obligations in the event of an accident involving an a ircraft under Com lux control. I t is COm-lux

Aviation ' 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 w i l l be Comlux Aviation's major objective to expedite the return of personal property and human remains to speed the grieving process and aid i n emotional recovery. This is bestdone through cooperation with federal , state and local authorities as well as volunteer organizations and consultation w i th affected fam ilies. 

### 4.6.2 Telephone Procedures

In the event of an aircraft accident with i n the United States , Com lux Aviation ' s hom e base w i ll be respons i ble for comm unicating an em ergency toll free num ber to NTSB/DOT and to the med i a for public dissem ination and for arranging staff to take calls to such num ber from fam ilies of passengers . Com l ux through Kenyon will on l y advise callers that a particular passenge r was on board after verificat i on of that name but w i ll not g ive out general i nformation as to passengers on board and will only respond to spec i fic inqu iri es as to particular passengers . To conf i rm the medical status is the sole duty of the authorit i es . If the med i cal status is veri fied by the autborit i es , Comlux wil l ad¥ise the caller if authori zed to do so . Comlux wil l not withhold verified informat i on fro m fam ~y members regarding i ndivi dua l passengers pending verif i cation of the entire pa ~ - senger l i st. 

### 4.6.3 Family Notification

To the extent practicable, Com lux will notify in person the fami l ies of passengers involved i n an acc i dent. Such not i fication will be provi ded either by suitably trained Com lux representat ives (particularly if the family members are present at the airport of departure or intended arrival), or by using the services of the organisat i on 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 verif i ed . Com lux will not withhold conf i rmed informat i on regard i ng indivi dual passenge rs pending verification of a complete manifest. 

### 4A~ . . Passenger Us · ts

Com lux will provide an i nit i al passenger/c rew list immediate l y upon request. Th i s list w i ll be updated periodically to reflect current information and will be provided rega rdless of whether a l l names have been verified . This list will be transm itted only to : a) The American Red Cross , which is the designated o rganization 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)( Emergency R esponse Manual ERM , Chapter 4 @copyright by ccrrt ux 0 1. 1 1 . 201 3 P age 6

### ~ 

# com 1 UX Emergency Response Manual ERM 

## 4~6.5 · "' Bisposition of Remains and Effects Edition t Revision 9

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 Servi ces. 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 .

Emergency Response Manual ERM , Chapter 4 @ copyright by Comux 01 . 11 . 2013 Page?

### ~ 

# comlux Edi t ion 1 Emergency Response Manual ERM Revision 9 

### 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 s i te . 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 i ly crisis centre and far removed from the media . Unless the famil i es ' wishes are to the contrary, Com lux wil l discourage media access to them in order to ensure the i r privacy . Transportation and accommodation arrangements will be made e i ther-by Com lux orthe task will have been contracted out to a re l iable 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 provi ded 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 li mited to costs which were not previously anticipated .

Emergency Response Manual ERM , Chapter 4 © copyr ig ht by corrtcx 01 . 11 . 201 3 P age SEd i tion 1



# comlux Emergency Response Manual ERM Revision 9

Comlux will commit sufficient resources or credit to rover expenses associated with this plan . In add i tion , 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 sign i ficant 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 authori tative source for information about coverage and compensation ; (iij ' 

### to-not rely on unoffic i al i nformation otferedby foreign air carrier representatives about compensation by the foreign air carrier for accident-site property damage ; and (iii) to obtain photographic or other deta i led evidence of property dam age as soon as poss i ble after the accident, consistent with restrictions on access to the accident site . 

### 4.6.15 NTSB Hearings

In the event the NTSB holds a heari ng on a flight ' s accident at a location more than 80 miles f rom the accident site, Com lux would ensure that such proceedings are simultaneously ava i lable by electronic means at a location open to the publ i c 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 wilL provide adequate training. to its em ployees and agents to meet the needs of survivors and fam ily m em bers following an acc i dent. Com l ux will promptly advi se the DOT/NTSB of any changes to the above plan i n writing .

Eme rg e n cy Res po n se Manual ERM , Chapter 4 @ copylight by Corrtux 01 . 1 1 . 20 13 Page 9