# Holland &Knight

800 17111Street. NW. SUite 1100 I Washington. DC 20006 I Holland & Knight LlP 

### I www.hklaw.com

Anita M, Mosner 202.419.2804 anlta.mosner@hklaw.com

November 10,2014

VIA ELECTRONIC FILING Docket DOT-eST -1998-3304 U.S. Department ofTransportation 1200 New Jersey Avenue SE Washington, DC 20590 Office of Transportation Disaster Assistance National Transportation Safety Board 490 L'Enfant Plaza East, S.W. Washington, DC 20594 Re: Virgin Australia Intemational Airlines Ptv Ltd d/b/a Virgin Australia: Aviation Disaster Family Assistance Plan On behalf of our client, Virgin Australia Intemational Airlines Ply Ltd d/b/a Virgin Australia, we have enclosed e carrier's updated family assistance plan in accordance with 49 U.S.C. ~ 41313. This an replaces the version submitted to the docket on November 6,2007.

Anita M. Mosner Attorney for Virgin Australia Intemational Airlines Ply Ltd d/b/a Virgin Australia

### Virgin Australia International Airlines Pty Ltd d/b/a Virgin Australia Virgin Australia International Airlines Pty Ltd d/b/a Virgin Australia Aviation Accident Family Assistance Statement 1 INTRODUCTION 1.1 Virgin Australia InternationalAirlines Pty Ltd d/b/a Virgin Australia ("Virgin Australia") hereby submits this statement, which provides a summary ofthe procedures and capabilities that comprise the Virgin Australia Corporate Emergency Response Plan. 

### 2 PURPOSE The purpose ofthe Corporate Emergency Response Plan is: 2.1 To act in the best interests ofthe families of passengers, including non-revenue passengers, involved in any aircraft accident involving aircraft underVirgin Australia's control and resulting in a major loss of life; 2.2 To treat the members ofsuch families with compassion, dignity, and respect and to assistthem in the manneroutlined in this Plan; 2.3 To coordinate the assistance that Virgin Australia provides to families ofpassengers with the efforts ofthe National Transportation Safety Board ("NTSB") and other governmental agencies in the event ofan aircraft accident resulting in a major loss of life; and 2.4 To fulfill the responsibilities ofVirgin Australia underthe Foreign Air Carrier Family SupportAct of 1997. 

### 3 STATEMENT OF COMPLIANCE WITH THE ACT The Virgin Australia Corporate Emergency Response Plan governs the response to an aircraft accident resulting in major loss of life. This plan provides forthe following: 

### 3.1 Provision ofa Reliable Toll-Free Telephone Number. 3.1.1 Virgin Australia has a plan for publicizing a reliable, toll-free telephone numberand will activate call centers to take calls from families of passengers involved in an aircraft accident. 

### 3.2 Notification of Families. 3.2.1 Ifat all practicable, notification offamilies will be made in person by Virgin Australia or by the independent disaster relief organization designated by the NTSB (e.g., Red Cross) to coordinate assistance and supportforfamilies. 3.2.2 Contactwith the families will be undertaken by using the services ofan independent disaster relief organization designated by the NTSB (e.g., Red Cross) orother suitably trained personnel.

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### Virgin Australia International Airlines Pty Ltd d/b/aVirgin Australia

3.2.3 Virgin Australia will adopt an internal policy prohibiting its employees from making any unauthorized release ofpassenger manifest information. 3.2.4 Virgin Australia will rely on the duly authorized medical examiner orcoronerfor positive identification offatalities. 

### 3.3 Notice as Soon as Possible. 3.3.1 Notification to family memberswill be conducted as soon as practicable following verification by Virgin Australia thatthe passengerwas aboard the aircraft, whether or notthe names ofall the passengers have been verified. 

### 3.4 List ofPassengers. 3.4.1 Immediately upon request, Virgin Australia will provide to the designated NTSB family support services director and the designated independent disaster relief organization a passenger list that reflects the best available information atthe time ofthe request. The list will be marked, ifappropriate, "preliminary and unconfirmed," and will be updated promptly as appropriate. 

### 3.5 Consultation Regarding Disposition of Remains and Effects. 3.5.1 Ifhuman remains or personal effects come into Virgin Australia's control, Virgin Australia will consultwith each family aboutthe disposition ofany remains or personal effects underVirgin Australia's control. 3.5.2 The medical examiner and coronershall be responsible forthe disposition of identifiable and unidentifiable human remains. 3.5.3 The NTSB and otherfederal, state and local authorities will return identifiable personal effectsto the passenger'sfamily and notto Virgin Australia. The same authorities will determine the disposition ofany unidentifiable personal effects. 

### 3.6 Return of Possessions. 3.6.1 If requested, Virgin Australia will return to the family any personal effects (regardless of condition) within the control ofVirgin Australia unless that personal effect is needed in connection with an accident investigation ora criminal investigation. 

### 3.7 Retention ofUnclaimed Possessions. 

### 3.7.1 Virgin Australia will retain for eighteen (

### 18) months any unclaimed personal effectsthat are in Virgin Australia's control. 

### 3.8 Monuments. 3.8.1 Virgin Australia will consult thefamilies ofeach passenger about construction byVirgin Australia ofany monument in the United States, including any inscription on such monument.

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### 3.9 Equal Treatment of Passengers. 3.9.1 Virgin Australia's plans forthe provision ofsupport and care do not differentiate between families, passengers (and any othervictim ofthe accident) on any basis. 

### 3.10 Service Organizations. 3.10.1 Virgin Australia will workwith the NTSB-designated independent organization (e.g., Red Cross) on an ongoing basis to ensure thatfamilies of passengers receive an appropriate level ofmental health and counseling services following an accident. 

### 3.11 Compensation to Service Organizations. 3.11.1 Virgin Australia will provide reasonable compensation to the NTSB-designated independent organization for any mental health and counseling or otherservices provided by that organization to the families of passengers. 

### 3.12 Travel and Care Expenses. 3.12.1 In response to family requests for access to the accident site, and within limitations established by the NTSB and otherfederal, state and local authorities, Virgin Australia will promptly provide travel and suitable accommodation to meet the needs ofthe immediatefamily. 3.12.2 Virgin Australia will assistthe family of a passenger in traveling to the location ofthe accident and will provide forthe physical care ofthe family while the family is staying at such location. 

### 3.13 Resources forthe Plan. 3.13.1 Virgin Australia will identify and commit sufficient resources to carry out the purposes of this Plan. 

### 3.14 Flight Reservation Information. 3.14.1 Upon request ofthe family ofa passenger aboard the aircraft involved in an accident, Virgin Australia will inform the family ofwhetherthe passenger's name appeared on a preliminary passenger manifestforthe flight involved in the accident, whether or not the name ofthat person has been verified. 

### 3.15 Training of Employees and Agents. 3.15.1 The Virgin Australia Special Assistance Team will be provided with adequate training to meetthe humanitarian needs ofsurvivors and family membersfollowing an aircraft accident. 3.15.2 Virgin Australia will also ensure that any contracted third parties which form part ofthe Virgin Australia Assistance Team have been provided with adequate training to meet the humanitarian needs ofsurvivors and family membersfollowing an aircraft accident. 

### 3.16 Consultation on Carrier Response Not Covered by Plan.

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3.16.1 In the eventthat Virgin Australia volunteers assistance to United States citizens within the United States with respect to an aircraft accident involving major loss of life that occurs outside ofthe United States, V Australia will consultwith the NTSB and the Department ofState on the provision ofsuch assistance. 

### 3.17 Liability for Manmade Structures. 3.17.1 In the case ofan accidentthat results in significant damageto a manmade structure or other property on the ground that is not government-owned, Virgin Australia will promptly provide notice, in writing, to the extent practicable, directlyto the owner ofthe structure orother property about liability for any property damage and means for obtaining compensation. 3.17.2 At a minimum, the written notice will advise the owner: (i) to contact the insurer ofthe property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by Virgin Australia's representatives about compensation by Virgin Australiafor accident-site property damage; and (iii) to obtain photographic or otherdetailed evidence ofproperty damage as soon as possible afterthe accident, consistentwith restrictions on access to the accident site. 

### 3.18 Simultaneous Electronic Transmission ofany NTSB Hearing. 3.18.1 In the case ofan accident in which the NTSB conducts a public hearing orcomparable proceeding at a location greaterthan 80 miles from the accident site, Virgin Australia 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 ofthe flight ifthe origin ordestination city is located in the United States.

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