BOIES . SCHILLE R FLEXNE R LL R 

530 1 WISCONSI N AVENU E N W • WASHINGTO N D C 200I5-20I 5 • PH 30 2 23 7 272 7 • FA X 20 3 23 7 61 3 

January 24, 2011 

U.S. Department of Transportation 

Dockets Section OST-1996-1960 

1200 New Jersey Avenue, N.E. 

Washington, D.C. 20590 

National Transportation Safety Board 

Office of Transportation Disaster Assistance 

490 L'Enfant Plaza, East, S.W. 

Washington, D.C. 20594 

Re: Family Assistance Plan, ASTAR USA, LLC - Docket OST-1996-1060 

Dear Sir or Madame: 

ia^.^ 

Enclosed with this letter please find the Family Assistance Plan for ASTAR USA, LLC 

in compliance with Federal Aviation Administration reauthorization legislation, the Vision 100-

Century of Aviation Reauthorization Act (Public Law 108-176, 117 Stat. 2490, December 12, 

2003.) As described more fully in the Joint Application of ASTAR Air Cargo, Inc. and ASTAR 

USA, LLC, Docket OST-2010-0223, filed on September 3, 2010 for certificate transfer, the 

Family Assistance Plan submitted herewith by ASTAR USA, LLC applies the Family Assistance 

Plan of ASTAR Air Cargo, Inc. See Application supra at ^ 20. 

Sincerely, 

iliott M. Seiden 

Counsel for ASTAR USA, LLC 

Enclosure 

WWW.B5FLLP.COM 
ASTAR USA, LLC FAMILY ASSISTANCE PLAN 

A. POLICY STATEMENT 

1) It is the Company's highest priority to prevent accidents by requiring safety as the primary 

consideration in all of its activities. 

2) The Company's first and foremost concern in the event of an accident is to ensure that proper aid is 

rendered to those injured and that timely and proper information is given to family members. 

3) In the event of an accident that results in significant damage to a man-made structure or other 

property on the ground that is not government owned, ASTAR will promptly provide notice, in writing, 

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. The written notice will advise the owner: 1) to 

contact the insurer of the property as the authoritative source for information about coverage and 

compensation; 2) not to refy on unofficial information offered by ASTAR representatives about 

compensation by ASTAR for accident-site property damage; and 3) 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. 

4) In the event of an accident in which the National Transportation Safety Board conducts a public 

hearing or comparable proceeding at a location greater than 80 miles from the accident site, ASTAR 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 the ASTAR flight if that city is located in the 

United States. 

B. INTRODUCTION 

1) The Company's Family Assistance Plan has been prepared and submitted to the Department of 

Transportation (DOT) and to the National Transportation Safety Board (NTSB) in accordance with the 

Aviation Disaster Family Assistance Act of 1996 (The Family Assistance Act) as amended by P.L. 106-181 

and P.L. 108-1 76 (49 U.S.C. §1136 and §4111 3). 

2) The Company's Family Assistance Plan supplements the Company's existing procedures for 

responding to aircraft accidents and notifying victims' families, which are set forth in the Company's 

Airline Emergency Manual (Emergency Manual). The Company's Emergency Manual includes specific 

emergency response procedures, which address most of the requirements of The Family Assistance Act. 

3) The Company's Family Assistance Plan and the Emergency Manual contain procedures to address the 

needs of families of persons involved in an aircraft accident resulting in a major loss of life. 

4) The Company's Family Assistance Plan and the Emergency Manual are designed so that. In the event 

of an aviation disaster, the Company will be In a position to act in the best interest of survivors and 
victims' families; to treat survivors and families with dignity; and to respect the cultural and religious 

backgrounds of survivors and families. 

5) The Company will commit sufficient resources to carry out its Family Assistance Plan. 

6) in the event of an accident the Company will strive to ensure that the family of each crewmember, 

jump seat occupant, or other vlctim(s) are given equal treatment, in the most courteous, 

compassionate, and respectful manner possible by the Company. 

7) The Company's Family Assistance Plan is part of a larger effort, which includes the National 

Transportation Safety Board (NTSB) and other governmental entities to assist survivors and families in 

the event of an aviation disaster. 

C. BACKGROUND INFORMATION REGARDING THE COMPANY'S CARGO-ONLY OPERATIONS 

1) The Company is authorized to operate as a Part 121 Cargo-Only Air Carrier. 

2) The Company's Air Carrier Certificate and Operations Specifications (Al and A30) authorize cargo-only 

operations. The Company is not authorized to carry passengers. 

3) The Company operates a fleet of DC-8 Turbojet Cargo Aircraft. The Turbojet Cargo Aircraft require 

three (3) flight crewmembers and carry a total of two (2) additional crewmembers or jump seat riders in 

the cockpit on the DCS. 

4) The Company's Flight Operation Manual and the Federal Aviation Regulations (Sections 121.583 and 

135.85) contain strict limitations regarding persons who may be authorized to occupy the jump seats. 

For example, persons who may be authorized to occupy the jump seats Include: (1) crewmembers or 

other certified airmen, such as licensed aircraft dispatchers and mechanics holding an A&P certificate; 

(2) certain Company employees who have been Issued proper authorization by the Company; (3) FAA Air 

Carrier Inspector or NTSB representative performing official duties; (4) persons necessary for the safety 

of flight who have obtained proper authorization from the Company, such as a person necessary for the 

safe handling of animals or hazardous materials. 

5) On any given cargo flight in turbojet aircraft, there could be a total of no more than eight (8) persons 

on board. There Is never any revenue passenger on Company flights. 

D. FAMILY ASSISTANCE PLAN 

1) Pre-Response Planning 

a. The Company has developed a plan to ensure that its personnel will be organized and trained to 

assist survivors and families in the event of an aircraft accident resulting In a major loss of life. 

b. The Company has designated the Vice President, Human Re sources/Labor Relations to take the 

lead role In determining the most appropriate action to be taken regarding notification of 

families of victims of an aircraft accident. 
c. The Company's Emergency Manual recognizes that notification to family members is the most 

critical event for which the company must plan in case of an aircraft accident, and that the 

timing, presentation, and attitude with which information is related to surviving family members 

is a primary concern. 

d. The Vice President, Human Resources/Labor Relations has provided for a training program for 

those designated Human Resources Personnel who would be assigned to work with the NTSBdesignated Independent nonprofit organization to assist the survivors and the families. 

e. The Company will provide adequate training to employees and agents of the Company, as 

appropriate, to meet the needs of survivors and family members in the event of an aircraft 

accident. 

f. This training program will be conducted on an initial and annual recurrent basis, and will consist 

of, but not be limited to, instructing the designated Human Resource Personnel how to (a) 

properly notify the families; (b) respond to inquiries and facilitate responses to inquiries; and (c) 

assist the families in obtaining necessary transportation and accommodations. 

g. The Company will conduct a simulated disaster exercise at least once each year. 

2) Notification and Communication Procedures 

a. Immediately upon information of an accident, the Company Emergency Response Plan set forth 

in the Company's Emergency Manual and Family Assistance Plan will commence. 

b. Since the Company is a cargo-only operator, the Company carries no revenue passengers. There 

are no passenger manifests or passenger tickets. The occupants of the aircraft will consist solely 

of no more than three (3) flight crewmembers and up to a maximum of five (5) supemumerary 

or jump seat occupants. 

c. The Company's Emergency Manual assigns responsibility for identifying crewmembers and jump 

seat occupants. In addition, the Emergency Manual sets up procedures to expedite the 

notification process through checklists and forms. Company personnel will promptly review the 

company's records to identify the emergency contact person for Company employees involved 

in an aircraft accident. 

d. Upon request of a family member of a Company employee Involved In an aircraft accident. 

Company personnel will promptly inform the family member of whether that employee's name 

appeared on pre-departure flight documents for the flight involved in the accident. 

e. The President, and/or Senior Vice President, Chief Operating Officer and/or the Vice President, 

Human Resources/ Labor Relations will be the only direct communicator with media 

representative for news release, and will ensure that no information regarding victims Is 

released until after there has been confirmation that all next-of-kin have been notified. 
f. upon confirmation of the identity of a victim, the Company, incoordination with the NTSBdesignated Family Support Services Director, will immediately begin notification to family 

members, in accordance with the procedures contained In the Company's Emergency Manual. 

g. To the extent practicable, family members will be notified In person. The notification procedure 

will be accomplished as soon as information becomes available and the Identity of a victim Is 

confirmed. Notification will only be accomplished by suitably trained personnel, under the 

direction of the Vice President^ Human Resources/ Labor Relations with assistance as necessary, 

from the Senior Vice President, Chief Operating Officer. 

h. Following the initial notification, no Company personnel will Initiate unsolicited communications 

with family members for a period of 45 days after the accident. 

I. The Company has a number of toll-free telephone numbers available for activation, as 

necessary. The Vice President, Human Resources/Labor Relations, through the Company 

Command Center will activate a toll-free telephone number, if the circumstances warrant. In 

that event, the Senior Vice President, Chief Operating Officer would ensure that the phone 

number Is publicized through the media. Properly trained administrative assistance coverage 

will be established on a 24-hour basis to answer phones and deal with other administrative 

functions. 

J. The Company Command Center, under the supervision of the Senior Vice President, Chief 

Operating Officer, will be set up on a 24-hour basis, staffed by the Airline Operations Crisis 

Coordination Team. The Command Center will serve as the coordinating point for all 

Information, and will maintain close liaison with the On-Slte Response Team. 

k. All media inquiries will be directed to the Company Command Center. Senior Vice President, 

Chief Operating Officer and/or the Vice President, Human Resources/Labor Relations, as set 

forth In the Company Emergency Manual, will review all responses. These procedures should 

ensure compliance with the Compan/s policy to prohibit the unauthorized release of 

information. 

I. The Command Center will coordinate with all federal, state and local authorities that have 

emergency responsibilities. The Command Center will coordinate with partner airlines, as 

necessary. 

m. In accordance with 49 U.S.C. §1136, In the event of an aircraft accident within the United States 

involving a Company aircraft resulting in major loss of life, the Chairman of the NTSB shall: 

(1) Designate and publicize the name and number of a Director of Family Support Services who 

shall be an employee of the Board and shall be responsible for acting as a point of contact 

within the Federal Government for the families of crewmembers or jump seat occupants 

involved in the accident and a liaison between the Company and the families; and 
(2) Designate an independent nonprofit organization, with expertise in disasters and posttrauma communications with families, which shall have primary responsibility for 

coordinating the emotional care and support of families of flight crewmembers and jump 

seat occupants involved in the accident. 

n. Upon request, the Company will release to the NTSB Director of Family Support Services a list of 

the namesof the flight crewmembers and jump seat occupants onboard the aircraft. 

o. If the Company volunteers to assist U.S. Citizens within the United States with respect to an 

aircraft accident that occurs outside of the United States, the Company will consult with the 

NTSB and Department of State about the provision of that assistance. 

3) Responsibilities of Medical Examiner / Coroner and Hospital 

a. The medical examiner or coroner is responsible for the positive identification of fatalities. 

b. The medical examiner will coordinate with the disaster mortuary team commander to provide 

official notification of death to family. 

c. For injured crewmembers or jump seat occupants, the hospital is responsible for status updates. 

Either the hospital or the Company will advise family members of hospital- provided Information 

concerning the injuries. 

4) Travel to Accident Location 

a. The Company will assist the families of crewmembers or jump seat occupants in traveling to the 

location of the accident, and will provide for the physical care of the families while staying at 

such location. 

b. The Company recognizes that the NTSB has accident-site jurisdiction. V^ithin limitations 

established by the authorities, the Company will respond to family requests for access to the 

accident scene. 

5) Human Remains and Personal Effects 

a. The medical examiner is responsible for the disposition of identifiable and unidentifiable human 

remains. 

b. Under normal circumstances, local or other applicable authorities should return Identifiable 

personal effects directly to the victim's family, rather than having the Company become 

custodian of them. The designated authorities should determine the disposition of 

unidentifiable personal effects. 

c. If personal effects come into the Company's control, the Company or Its designee will: 

(1) Consult with each family about the disposition of such personal effects in the Company's 

control; 
(2) If requested by the family, any possession (regardless of its condition) of a flight 

crewmember or jump seat occupant in the Company's control will be returned to the family, 

unless the possession Is needed for the accident investigation or any criminal investigation; 

(3) Retain for 18 months any unclaimed possession of a crewmember or jump seat occupant 

that is under the Company's control; 

(4) Consult with the families about arranging a suitable memorial service. In the event that a 

monument to the victims is constructed, the family of each crewmember or jump seat 

occupant will be consulted about the monument and any Inscription, prior to the 

construction of the monument. 

6) The Company Relationship with NTSB-Designated Independent Organization 

a. The Company will arrange to work on an on-going basis with any organization designated by the 

NTSB under 49 U.S.C. §1136(a)(2) to ensure that families of crewmembers or jump seat 

occupants receive an appropriate level of services and assistance following an accident. 

Including mental health and counseling services to the families. 

b. The Company will develop a procedure to pay reasonable compensation to the NTSB-designated 

independent nonprofit organization, as required by 49 U.S.C. §41113(b)(ll). 

E. LIMITATION ON LIABILITY 

1) The Company shall not be liable for damages in any action brought in a Federal or State court arising 

out of the performanceof the Company In preparing or providing a list of crewmembers or jump seat 

occupants pursuant to this plan submitted under 49 U.S.C. §41113(b), as stated In the Limitation of 

Liability (49 U.S.C. §41113(d)), unless such liability was caused by conduct of the Company which was 

grossly negligent or which constituted intentional misconduct.