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### August 6, 2013

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 Comlux Aruba N.V.

Ladies and Gentlemen:

Pursuant to 49 U.S.C. § 41313 and DOT’s Notice dated January 20, 2004, Comlux Aruba N.V. (“Comlux Aruba”) 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 Comlux Aruba (“Plan”). The enclosed Plan, extracted from Comlux Aruba’s Emergency Response Manual, 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.

Comlux Aruba’s 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:

In addition, please feel free to contact the undersigned if you have any questions concerning Comlux Aruba’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 Comlux Aruba N.V.

EnclosureEdit ion 1

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## 4.6 Organization Accident Side within United States Territory

AVIATION DISASTER FAMILY ASSISTANCE PLAN



### 4.6.1 Introduction

Comlux is committed to comply with both its legal and moral obligations in t he event of an accident involving an aircraft under Comlux control. It is Comlux Aviation’s goal to meet the emotional needs of both the victims and their families that

would arise as a result of an accident invol v ing loss of life or serious injury.

The go al 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 exp e dite the return of personal prope rty and human remains to speed the grieving process and aid in emotional r e covery. This is best done through cooperation with federal, state and local authorities as well as volunteer organizations and consultation with affected fam i lies.



### 4.6.2 Telephone Proced ures

In the event of an aircraft accident within the United States, Comlux Aviation ’s home base will be r esponsible for communicating an emergency toll free number to NTSB/DOT and to the media for public dis semination and for arranging staff to take calls to such number from families of passe ngers. Comlux 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 inqu iries as to particular passe n gers.
To confirm the medical status is the sole duty of the authorities. If the medical status is verified by the

authorities

, Comlux will advise the caller if authorized to do so

. Comlux will not withhold verified i nformation from family members regarding individual passengers pending verification of the entire pa ssenger list.



### 4.6.3 Family Notification

To the extent practicable, Comlux will notify in person the families of passengers involved in an a ccident. Such notification will be provided either by suitably trained Comlux representatives (particularly if the family members are present at the airport of departure or intend ed arrival ), or by using the se rvices of the organisation designated for the accident under 49 U.S.C

. § 113 6 (a)(2).

Comlux will conduct notification procedures to each family as soon as the names of passe n gers/crew

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

pen d ing verification of a complete manifest.



### 4.6.4 Passe nger Lists

Comlux 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 ver i fied.

This list will be transm itted only to:
a) The American Red Cross, which is the designated organization under 49 U.S.C. § 1136(a)(2);
b) The NTSB Director of Family Support Services designated under 49 U.S.C. § 1136(a)(1);Edit ion 1

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The names of passengers and/or crew will not be released to the media or general public until

Comlux can verify that each passenger/crew’s next of kin have been notified and after conferring

with either the NTSB or the American Red Cross. The person initially responsible for compiling the ma nifest is the local station representative at the a ffected airport who will either transmit the information directly to the authorities or to Comlux Avi ation ’s operations office for fu r ther transmission.



### 4.6.5 Disposition of Remains and Effects

It is the respo nsibility of the local medical examiner, coroner, or other designated local, state or fe deral authority to recover, identify, dispose of or return to families the identifiable and unidentifiable h uman remains. Comlux will comply with the requirements of th ese authorities and shall co n sult 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 of a passenger or crew member under the dominion and

control of Comlux (regardless of its condition) will be returned to the family upon request. This i ncludes any personal property u n der control of Comlux Aviation ’s vendor. Notwithstanding the foregoing, Comlux or its vendor will not return pr operty that is required by comp etent authorities for the purpose of accident or criminal investigation until the authorities release said
property.



### 4.6.7 Unclaimed Possessions

Comlux or its vendor will retain any unclaimed personal property within Comlux Aviat ion ’s control for a p e riod of not less than eighteen months.



### 4.6.8 Monuments

Comlux will not construct any monument to passengers and crew in the United States without prior consu l tation with each family as to construction, design and inscription.



### 4.6.9 Equal Treat ment of Passengers

Comlux will not discriminate between families of revenue and non

- revenue passengers when providing a s sistance under this plan.



### 4.6.10 Service and Assistance

Comlux will cooperate fully with the DOT, NTSB and the American Red Cross which is the o rganization designated under 49 U.S.C. § 1136(a)(2) on an ongoing basis to insure that families receive appropriate care follo w ing an accident.

Comlux will also cooperate fully with FEMA, the Department of State and the Department of

Health and Human Se r vices.
Furthermore, in the event Comlux volunteers assistance to U.S. citizens within the U.S. with r espect to an accident outside the U.S. involving major loss of life, Comlux will consult with the N a-Edit ion 1

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### 4.6.11 Travel and Care Expense

Comlux will assist families of passengers with travel to and a c commodations at:

1. The location of the accident, or

2. The U.S. airport of the flight’s origin/destination if the accident is a considerable distance

from the ai r port and/or occurs in a remote area without sufficient accommodations.

Comlux will assist in providing transportation between these accommodations and the accident site if approved by NTSB, DOT, FBI, etc. Th e NTSB is responsible for coordinating access to the

accident site.

Comlux will arrange with local hotels at each destination served to provide accommod a tions on an urgent and ad hoc basis together with a common room to act as a family crisis centre and fa r removed from the media. Unless the families’ wishes are to the contrary, Comlux will discourage media access to them in order to ensure their privacy. Transportation and accommodation arrangements will be made either by Comlux or the task will

have been contracted out to a reliable ve n dor.



### 4.6.12 Compensation to service Organizations

Comlux 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.

Comlux will settle in agreement with the appointed organization the costs also in th e event there is a material change in predicted costs including but not limited to costs which were not previously

antic i pated.



### 4.6.13 Resources

Comlux will commit suffic ient resources or credit to cover expenses associated with this plan. In a ddition, Comlux intends to arrange with its insurers a means of reimbursing Comlux for expenses i ncurred under this plan on a revolving basis to provide for a steady flow of funds.



### 4.6.14 Damage to Property

In the event that an accident causes significant damage to a man

- made structure or other pro perty on the ground that is not government owned, Comlux would provide prompt written notice to the owner regarding liability for property damag e with means for obtaining compens a tion.

Such notice shall advise the owner : (i) to contact the insurer of the property as the authoritative source for information about co verage and compens a tion; (ii) to not rely on unofficial information offered by foreign air carrier representatives about

compens a tion by the foreign air carrier for accident

- site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with r e strictions on acces s to the accident site.Edit ion 1

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### 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, Comlux 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

Comlux will provide adequate training to its employees and agents to meet the needs of survivors

and fam ily members following an accident.

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