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October 2, 2012

BY ELECTRONIC SUBMISSION

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

BY ELECTRONIC MAIL

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 K5-Aviation GmbH

Ladies and Gentlemen:

Pursuant to 49 U.S.C. § 41313 and DOT’s Notice dated January 20, 2004, K5-Aviation GmbH

(“K5-Aviation”) 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 K5-Aviation

(“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.

K5-Aviation’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 K5-

Aviation’s operations or the procedures described in the enclosed Plan.

Sincerely,

Sheryl R. Israel

Counsel

sheryl.israel@hoganlovells.com

D +1 202 637 8898

Counsel for K5-Aviation GmbH

Enclosure
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K5-Aviation GmbH (“K5-Aviation”) has adopted the following plan to address the needs of the families 

of passengers involved in an aircraft accident in the United States that involves an aircraft under the 

control of K5-Aviation and results in a major loss of life (“Family Assistance Plan”), as required by Title 

49 of the United States Code, Section 41313. 

K5-Aviation is committed to comply with both its legal and moral obligations in the event of an accident 

involving an aircraft under its control. This Family Assistance Plan shall ensure that organized 

procedures are followed and suitable efforts are made to provide thorough assistance and support for 

family members of victims and survivors affected by an aviation disaster within the United States 

involving an aircraft operated by K5-Aviation. 

This plan is activated immediately after one of K5-Aviation’s aircraft is involved in a serious or fatal 

accident and, in the event of an aviation disaster that occurs within the United States, regardless of its 

cause or suspected cause, the specific procedures of this Family Assistance Plan will apply. K5-

Aviation’s activities under this Plan are part of a larger organized effort to provide the highest level of 

support to survivors and family members affected by an aviation disaster, which involves the National 

Transportation Safety Board (“NTSB”) and many other governmental agencies.

1. Upon learning of an accident in the United States involving an aircraft under the control of K5-

Aviation, K5-Aviation will publicize a reliable, toll-free telephone number and staff to take calls 

to such number from families of passengers involved in the aircraft accident.

a) In the event of an accident that involves a significant loss of life, K5-Aviation’s Head of 

Operations will immediately request activation of the toll-free hotline and set up a K5-

Aviation Call Centre.

b) K5-Aviation’s Head of Operations will activate a toll-free telephone number designated 

specifically for public inquiries regarding the accident (which has been reserved and is 

ready for prompt activation at any time).

c) Upon activation, K5-Aviation’s Head of Operations will 

- advise its call center personnel that the toll-free number has been activated and they 

should be prepared to begin answering telephone calls,

- communicate the toll-free number to the media for public dissemination.

2. In the event of an aircraft accident that results in a significant loss of life involving an aircraft 

under K5-Aviation’s control, K5-Aviation will notify, in person to the extent practicable, the 

families of passengers involved in the aircraft accident before providing any public notice of 

the names of such passengers, either by utilizing the services of the organization designated 

for the accident under Title 49 U.S.C. Section 1136(a) (2) or the services of other suitably 

trained individuals.

3. In each case, K5-Aviation will provide notification to family members as soon as practicable 

after K5-Aviation has verified the identity of a passenger who was aboard the aircraft, whether 

or not the names of all the passengers have been verified.

4. Immediately upon request, K5-Aviation will provide and update a list (based on the best 

available information at the time of the request) of the names of passengers aboard the 

aircraft (whether or not the names have been verified), to the director of family support 

services and the organization designated for the accident under Title 49 U.S.C. Section 

1136(a) (1) and (2). The list will be marked "Not for Public Release."
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5. K5-Aviation will consult with the family of each passenger about the disposition of any remains 

and personal effects of the passenger within its control.

6. If requested by the family of a passenger, K5-Aviation will return to the family any possession 

(regardless of its condition) of the passenger within the control of K5-Aviation unless the 

possession is needed for the accident investigation or a criminal investigation.

7. K5-Aviation will retain any unclaimed possession of a passenger within the control of K5-

Aviation for not less than 18 months after the date of the accident.

8. K5-Aviation will consult with the family of each passenger about construction by K5-Aviation of 

any monument to the passengers built in the United States, including any inscription on the 

monument.

9. In carrying out this Plan, K5-Aviation will treat the families of non-revenue passengers (and 

any other victim of the accident) the same as the families of revenue passengers.

10. K5-Aviation will work with any organization designated under Title 49 U.S.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. K5-Aviation will provide reasonable compensation to any organization designated under 49 

U.S.C. 1136 (a) (2) for services and assistance provided by them.

12. K5-Aviation will assist the family of any passenger in traveling to the location of the accident 

and provide for the physical care of the family while the family is staying at such location.

13. K5-Aviation will commit sufficient resources or credit to carry out the plan.

14. K5-Aviation will provide adequate training to its employees and agents to meet the needs of 

survivors and family members following an accident.

15. In the event that K5-Aviation 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, 

K5-Aviation will consult with the Board and the Department of State on the provision of the 

assistance.
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16. In the case of an accident that results in significant damage to a manmade structure or other 

property on the ground that is not government-owned, K5-Aviation will promptly provide written 

notice, 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. Such notice shall 

advise an owner to

- contact the insurer of the property as the authoritative source for information about

coverage and compensation; 

- not rely on unofficial information offered by K5-Aviation’s representatives about 

compensation by K5-Aviation for accident-site property damage; and 

- obtain photographic or other detailed evidence of property damage as soon as 

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

17 In the case of an accident in which the National Transportation Safety Board (NTSB) conducts 

a public hearing or comparable proceeding at a location greater than 80 miles from the 

accident site, K5-Aviation 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

K5-Aviation’s flight if that city is located in the United States.

K5-Aviation will promptly advise the DOT/NTSB of any changes to the above plan in writing.