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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.

Enclosure
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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 the 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 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 will be Comlux Aviation’s 

major objective to expedite the return of personal property and human remains to speed the grieving 

process and aid in emotional recovery.

This is best done through cooperation with federal, state and local authorities as well as volunteer 

organizations and consultation with affected families.

4.6.2 Telephone Procedures

In the event of an aircraft accident within the United States, Comlux Aviation’s home base will be responsible for communicating an emergency toll free number to NTSB/DOT and to the media for 

public dissemination and for arranging staff to take calls to such number from families of passengers.

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 inquiries as to particular passengers.

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 information from family members regarding individual passengers pending verification of the entire passenger list.

4.6.3 Family Notification 

To the extent practicable, Comlux will notify in person the families of passengers involved in an accident. Such notification will be provided either by suitably trained Comlux representatives (particularly 

if the family members are present at the airport of departure or intended arrival), or by using the services of the organisation designated for the accident under 49 U.S.C.

§ 1136 (a)(2).

Comlux will conduct notification procedures to each family as soon as the names of passengers/crew 

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

pending verification of a complete manifest.

4.6.4 Passenger 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 verified.

This list will be transmitted 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);
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c) Internal Comlux offices.

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 manifest is the local station representative at the affected airport who will either transmit the information directly to the authorities or to Comlux Aviation’s operations office for further transmission.

4.6.5 Disposition of Remains and Effects

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. Comlux 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 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 includes any personal property under control of Comlux 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 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 Aviation’s control 

for a period 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 consultation with each family as to construction, design and inscription.

4.6.9 Equal Treatment of Passengers

Comlux will not discriminate between families of revenue and non-revenue passengers when 

providing assistance 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 organization designated under 49 U.S.C. § 1136(a)(2) on an ongoing basis to insure that families 

receive appropriate care following an accident.

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

Health and Human Services.

Furthermore, in the event Comlux volunteers assistance to U.S. citizens within the U.S. with respect to an accident outside the U.S. involving major loss of life, Comlux will consult with the Na-
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tional Transportation Safety Board and the Department of State regarding the provisions of such assistance.

4.6.11 Travel and 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. airport of the flight’s origin/destination if the accident is a considerable distance 

from the airport 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. The NTSB is responsible for coordinating access to the 

accident site.

Comlux 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 family crisis centre and far 

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 vendor.

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 the event there is a 

material change in predicted costs including but not limited to costs which were not previously 

anticipated.

4.6.13 Resources

Comlux will commit sufficient resources or credit to cover expenses associated with this plan. In addition, Comlux 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.

4.6.14 Damage to Property

In the event that an accident causes significant damage to a man-made structure or other property on the ground that is not government owned, Comlux would provide prompt written notice to 

the owner regarding liability for property damage with means for obtaining compensation. 

Such notice shall advise the owner:

(i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; 

(ii) to not rely on unofficial information offered by foreign air carrier representatives about 

compensation 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 restrictions on access to the accident site.
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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 family members following an accident.

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