Law Offices

ROLLER & BAUER, PLLC

Lee A. Bauer

Moffett B. Roller

Washington Dulles International Airport

45005 Aviation Drive; Suite 200

Dulles, VA 20166

Phone: 202-331-3300

Fax: 202-331-3322

airlaw@rollerbauer.com

November 22, 2010

Docket DOT-OST-1998-3304

U.S. Department of Transportation

1200 New Jersey Avenue, S.E.

Washington, DC 20590

Office of Transportation Disaster Assistance

National Transportation Safety Board

490 L'Enfant Plaza East, S.W.

Washington, DC 20594

Attention: Mr. Eric Grosof

assistance@ntsb.gov

Re: Family Assistance Plan of Corporación Ygnus Air, S.A., d/b/a Gestair Cargo

Please find enclosed a copy of the Family Assistance Plan for Corporación Ygnus Air, S.A.,

d/b/a Gestair Cargo, filed pursuant to 49 U.S.C. § 41313(c).

Sincerely,

ROLLER & BAUER, PLLC

By: ___________________________

Moffett B. Roller

Enclosure
FAMILY ASSISTANCE 

PLAN

EDITION: 01 

REVISION: 01 

DATE: 12/ November/ 2010 
 

FAMILY ASSISTANCE PLAN 

Corporación Ygnus Air S.A. (Gestair Cargo) 

Rev. 1 Pág. 1

12 NOV 10 

1. BASIS FOR THE PLAN 

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 and the Vision 100-Century of Aviation Reauthorization Act (the "Act"), 

applies to most foreign air carriers holding economic authority from the U.S. Department of Transportation 

("DOT" or "Department"). The Act requires that such carriers file with the National Transportation Safety Board 

("NTSB") and the Department a plan for addressing the needs of families of passengers involved in an aircraft 

accident that occurs within the United States, that involves an aircraft under its control, and that results in a 

major loss of life (an "aircraft accident" or "accident"). The Act requires such plans to include certain 

assurances and information regarding the foreign air carriers' intended communications with families. 

Accordingly, Corporación Ygnus Air, S.A. ("C.Ygnus") is submitting this Family Assistance Plan (the "Plan"), 

which is intended to promote: (1) the best interests of surviving passengers and families of passengers 

involved in an aircraft accident, (2) treating survivors and families with dignity, and (3) respect for the cultural 

and religious backgrounds of survivors and families. 

C.Ygnus operates all-cargo service to and from the United States using jet freighter aircraft and thus will carry 

few people aboard its flights. Only the flight crew and other employees of C.Ygnus, such as mechanics or a 

loadmaster, will routinely be aboard aircraft operated by C.Ygnus. Couriers accompanying cargo shipments, 

representatives of charterers or shippers, other airline flight crewmembers, or FAA observers also may be 

aboard. The Act defines "passenger" as including employees of air carriers or foreign air carriers aboard an 

aircraft, as well as any other passenger aboard an aircraft, regardless of status. Accordingly, C.Ygnus will 

apply this Plan to all persons aboard an aircraft operated by C.Ygnus under its DOT authority to provide 

foreign air transportation. The terms "persons" and "passengers" are both used in this Plan as the context 

requires. There is no intention to make any distinction between the terms for purposes of this Plan. 

As a Spanish carrier, C.Ygnus also operates in Spain and other countries. If it 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, C.Ygnus will consult with the NTSB and the U.S. Department of State on the provision of 

such assistance. 

2. TOLL-FREE TELEPHONE NUMBER 

In the event of an aircraft accident involving an aircraft operated by C.Ygnus, C.Ygnus will establish a reliable, 

toll-free telephone number and provide personnel to handle calls to such number from the families of all 

persons aboard the aircraft. C.Ygnus will publicize the toll-free number by providing it to the DOT, the NTSB, 

the organization designated for the accident by the NTSB under 49 U.S.C. § 1136(a)(2), and the news media. 

C.Ygnus will provide the toll-free number to the foregoing as soon as practicable after C.Ygnus confirms that 

one of its aircraft was involved in an accident and that the accident resulted in a major loss of life. The toll-free 

number also will be provided to any other group or person that requests it. C.Ygnus will provide suitably 

trained personnel to answer calls to the toll-free number, and it will use its emergency response procedures to 

provide the personnel required for this purpose. The emergency response personnel will be prepared to 

answer questions likely to be asked by families of persons aboard the aircraft. 

Families that call the toll-free number will be updated on the accident as information becomes available. 
 

FAMILY ASSISTANCE PLAN 

Corporación Ygnus Air S.A. (Gestair Cargo) 

Rev. 1 Pág. 2

12 NOV 10 

3. NOTIFICATION PROCESS 

C.Ygnus will notify the immediate families of persons aboard an aircraft operated by C.Ygnus that is involved 

in an accident, before providing any public notice of the names of the passengers, by using the services of the 

American Red Cross or other organization designated for the accident by the NTSB under 49 U.S.C. § 

1136(a)(2) if such reliance is practical. Otherwise, C.Ygnus will use the services of its own personnel who 

have been suitably trained to provide this notification. C.Ygnus recognizes the Act's preference for in-person 

notification to the extent practicable. 

C.Ygnus will provide notice to the immediate family of any person aboard the aircraft as soon as C.Ygnus has 

verified that the person was aboard the aircraft, whether or not the names of all the persons aboard the aircraft 

have been verified. For purposes of this Plan, immediate family means a passenger's parent or legal 

guardian, spouse, child, brother or sister, or nearest living relative. 

In most cases, the only persons aboard the aircraft will be employees of C.Ygnus. Thus, verification of the 

persons on board should be completed quickly. C.Ygnus maintains personnel records that include the 

necessary contact information. In the case of passengers other than C.Ygnus employees, contact information 

is collected at the time the passenger boards the aircraft, and C.Ygnus will verify contact information for such 

passengers prior to providing notice to the immediate family of such passengers. 

4. NOTIFICATION OF FAMILY SUPPORT SERVICES 

Immediately upon request, C.Ygnus will provide to the director of family support services designated for the 

accident under 49 U.S.C. § 1136(a)(1), and to the American Red Cross or other organization designated for 

the accident under 49 U.S.C. § 1136(a)(2), a list of names of the persons aboard the aircraft based on the best 

information available at the time the list was requested, regardless of whether or not such names have been 

verified. C.Ygnus will update the list of passengers periodically based on new information. All lists will be date 

and time stamped so recipients know that they have the most current version. 

5. FAMILY ASSURANCES 

The family of each passenger will be consulted about the disposition of all remains and personal effects of the 

passenger that are within the control of C.Ygnus and, if requested by the family, any possession (regardless of 

condition) of the passenger will be returned to the family unless it is required for the accident investigation or a 

criminal investigation. Normally, authorities should return identifiable personal effects to the passenger's family 

rather than having C.Ygnus assume possession of them. Authorities also should determine the disposition of 

any unidentifiable personal effects. If C.Ygnus obtains control of any unclaimed passenger possession, it will 

retain that possession for not less than eighteen (18) months after the date of the accident. 

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

has died, the medical examiner or coroner will provide official notification of death to the passenger's family. 

The medical examiner or coroner is responsible for the disposition of identifiable and unidentifiable human 

remains. 
 

FAMILY ASSISTANCE PLAN 

Corporación Ygnus Air S.A. (Gestair Cargo) 

Rev. 1 Pág. 3

12 NOV 10 

For injured passengers, the hospital to which they are admitted is responsible for status updates. However, to 

the extent C.Ygnus has information on the condition of such passengers, it will share such information with 

their immediate families. 

6. MONUMENT CONSTRUCTION 

Should C.Ygnus decide to construct a monument in the United States to the passengers aboard a C Ygnus 

aircraft involved in an accident, C.Ygnus will consult the immediate family of each passenger regarding the 

construction and any inscription to be included on the monument. C.Ygnus will honor a request from a 

passenger's immediate family to remove any reference to that passenger's name from the monument or to 

omit that passenger's name from any dedication speech for the monument. 

7. TREATMENT OF IMMEDIATE FAMILY MEMBERS 

C.Ygnus will provide equal treatment under this Plan to the families of all passengers, regardless of whether 

they were revenue or nonrevenue passengers. 

8. ASSISTANCE FROM OTHER ORGANIZATIONS 

C.Ygnus will work with the American Red Cross, or any other organization designated for the accident by the 

NTSB under 49 U.S.C. § 1136(a)(2), on an ongoing basis to ensure that family members of passengers 

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

9. COMPENSATION for Services Provided by Designated Organization 

C.Ygnus will provide reasonable compensation to the American Red Cross or other organization designated 

for the accident under 49 U.S.C. § 1136(a)(2) for services and assistance provided by the organization to the 

families of persons aboard a C.Ygnus aircraft operated by C.Ygnus that is involved in an accident. C.Ygnus 

will expect the designated organization to provide a detailed accounting of services and assistance for which 

compensation is to be provided. 

10. FAMILY TRAVELING TO ACCIDENT SITE 

C.Ygnus will assist the immediate families of persons aboard a C.Ygnus aircraft involved in an accident in 

traveling to the location of the accident and provide for their physical care while they are staying at such 

location. 

11. RESOURCES/TRAINING COMMITMENT 

C.Ygnus will commit sufficient resources to carry out this Plan. It will provide adequate training to its 

employees and agents likely to be involved in family assistance functions so that C.Ygnus can meet the needs 

of survivors and family members following an accident. 
 

FAMILY ASSISTANCE PLAN 

Corporación Ygnus Air S.A. (Gestair Cargo) 

Rev. 1 Pág. 4

12 NOV 10 

12. NOTICE CONCERNING LIABILITY FOR MAN-MADE STRUCTURES 

In the case of an accident that results in significant damage to a man-made structure or other property on the 

ground that is not government-owned, C.Ygnus 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. At a minimum, the written notice will advise the owner: 

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

compensation; 

ii. not to rely on unofficial information offered by C.Ygnus' representatives about compensation by 

C.Ygnus 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. 

13. SIMULTANEOUS ELECTRONIC TRANSMISSION OF NTSB HEARING 

In the case of an accident in which the NTSB conducts a public hearing or comparable proceeding at a 

location greater than 80 miles from the accident site, C.Ygnus 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 flight operated by C.Ygnus if that city is located in the United States. 

14. LIABILITY 

C.Ygnus shall not be liable for damages in any action brought in a Federal or State court alleging negligence 

arising out of its performance in preparing or providing a passenger list pursuant to this Plan. 

15. PLAN FILING REQUIREMENTS 

The foregoing Plan and subsequent amendments will be filed with the U.S. Department of Transportation and 

the NTSB in accordance with the Foreign Air Carrier Family Support Act of 1997, as subsequently amended.