Hogan Lovells US LLP is a limited liability partnership registered in the District of Columbia. Hogan Lovells refers to the international legal practice comprising Hogan Lovells US LLP, Hogan Lovells International LLP, Hogan Lovells Worldwide Group (a Swiss Verein), and their affiliated businesses with offices in: Abu Dhabi Alicante Amsterdam Baltimore Beijing Berlin Brussels Caracas Chicago Colorado Springs Denver Dubai Dusseldorf Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Houston London Los Angeles Madrid Miami Milan Moscow Munich New York Northern Virginia Paris Philadelphia Prague Rome San Francisco Shanghai Silicon Valley Singapore Tokyo Warsaw Washington DC Associated offices: Budapest Jeddah Riyadh Zagreb Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 T +1 202 637 5600 F +1 202 637 5910 www.hoganlovells.com



### 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

EnclosureK5

- Aviation

– U.S. Family Assistance Plan FAP

Page 1

K5

- Aviation

– U.S. FAP REV 0 0_09/27/2012 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 aircra ft 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 with in 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 f amily 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 a ircraft 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

- a dvise its call cent e r 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 no tice 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 pro vide 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 organiz ation 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."K5

- Aviation

– U.S. Family Assistance Plan FAP

Page 2

K5

- Aviation

– U.S. FAP REV 0 0_09/27/2012 5. K5

- Aviation will consult with the family of each passenger about the disposition of any remains and perso nal 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 t reat 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 assista nce provided by the m

.

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

- A viation 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 provisi on of the assistance.K5

- Aviation

– U.S. Family Assistance Plan FAP

Page 3

K5

- Aviation

– U.S. FAP REV 0 0_09/27/2012 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 sha ll advise an owner to

- contact the insurer of the property as the authoritat ive 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 I n the case of an accident in which the National Transportation Safety Board (NTSB) conducts a public hearing or comparab le 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

- A viation’ 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.