LAW OFFICES 

PIERRE MURPHY 

SUITE 590 

1200 NEW HAMPSHIRE AVENUE, NW 

WASHINGTON, D.C. 20036 

TELEPHONE: (202) 776-3980 

TELECOPIER: (202) 776-3975 

VIA ELECTRONIC SUBMISSION 

Ms. Barbara Hairston 

Chief, Dockets 

Docket OST-1996-1960 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Ground Floor, West Building 

Room W12-140 

Washington, DC 20590 

Mr. Michael Crook 

Office ofF amily Affairs 

National Transportation Safety Board 

490 L'Enfant Plaza East, SW 

Washington, DC 20594 

May 27,2015 

Re: 21 Air, LLCE-MAIL: pmurphy@lopmurphy.com 

Family Assistance Plan; Docket OST -1996-1960 

Dear Ms. Hairston & Mr. Crook: 

21 Air, LLC ("21 Air") hereby submits its Aviation Disaster Family Assistance Plan in 

accordance with the requirements of 49 U.S.C. 41113, as amended by the Wendell H. Ford 

Aviation Investment and Reform Act for the 21st Century (P .L. 106-181, 114 Stat. 61, April 5, 

2000), and as further amended by the Vision 100 - Century of Aviation FAA Reauthorization 

Act (P.L. 108-176 Stat. 2490, December 12, 2003). 

Should you have any question or comment, please do not hesitate to contact me. 
1. Overview 

21 AIR,LLC 

FAMILY ASSISTANCE PLAN 

The purpose of the 21 Air, LLC ("21 Air" or "Carrier") Family Assistance Plan 

(hereinafter call the "Plan") as set forth herein is to provide company personnel with the 

guidelines, procedures and training that will enable them to act in the interest of survivors and 

victims' families in the event of an aviation disaster; to treat survivors and families with dignity; 

and to respect the cultural and religious backgrounds of survivors and families. 

II. Pre-Response Planning 

A. In accordance with the Foreign Air Carrier Family Support Act of 1997, Public 

Law 105-148 (111 Stat. 2681) and 49 U.S.C. Sections 1136 and 41313, as amended by 

the Wendell H. Ford Aviation investment and Reform Act for the 21st Century (AIR-21), 

Public Law 106-181 (114 Stat. 51), the carrier publishes its Family Assistance Plan and 

will insert the Plan into all appropriate manuals. 

B. The treatment of non-revenue passenger (and any other victim of the accident) 

will be the same as the treatment of the families of revenue passengers. 

C. The carrier's Emergency Response Teams will be utilized to respond to likely 

needs of survivors and families. 

D. Training of Family Assistance Personnel will be sufficient to meet the survivors 

and family members following an accident. Training for carrier's employees and agents 

will be conducted in conjunction with the carrier's Special Assistance team Training 

recognizing that: 

1. A list of trained Family Assistance Personnel will be maintained in the 

carrier's Emergency Response Plan. 

2. Personnel who are in public contact positions need to know how to 

respond to inquiries and facilitate responses to them. 

3. Families may seek assistance from the carrier at airports that are neither 

the origin nor the destination of the flight at which the carrier maintains a 

facility. 

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4. Simulations of the Plan will be held annually in addition to participation in 

local disaster drills. 

5. After an aviation disaster involving an aircraft of the carrier, a toll-free 

800 number will be published for the use of families to inquire about 

passengers. 

6. It is the policy of the carrier that Manifest information will only be release 

to the proper U.S. National Transportation Safety Board (NTSB) 

authorities having jurisdiction of the accident site by the designated the 

carrier's Security Coordinator to the NTSB, the carrier's NTSB Family 

Assistance Coordinator, Managing Director and CEO or Director of Flight 

Operations. Any other release of manifest information is considered 

unauthorized and prohibited. 

7. The carrier will inform family members (or family friends or clergy who 

are with the family) at an appropriate time, but as early as possible after 

being notified, that it is critical that they contact their family dentist to 

obtain the dental records and dental x-rays of the loved one. The carrier 

will ask the family to have the records and x-rays sent by overnight 

courier service to the address of the hotel where the joint family support 

operations center will be located. Packages should be addressed to the 

Director Family Support Services, NTSB. If the family is coming to the 

site the next day, the family may arrange to hand carry these documents. 

If the family is already at the accident site or arrives without making these 

arrangements, the Disaster Mortuary Team personnel will coordinate with 

the family's dentist to obtain dental records and dental x-rays. 

III. Passenger Manifest, Tickets Reconciliation and Notification 

A. In order to determine which passengers actually boarded the flight, the carrier's 

personnel immediately after the accident will begin a review of the following: 

1. On Board Passenger Manifest 

2. Standby passengers 

3. Non revenue passengers 

4. Rerouted passengers 

5. Passengers who canceled their reservation 

6. Jump Seat riders. 

This process could be delayed by persons traveling under different names. 

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B. The carrier will release, upon request, to the NTSB Family Support Services 

Director a passenger list that reflects the best available information at the time of the 

request. 

1. All personnel involved with handling of manifest will be briefed as to the 

confidential/sensitive nature of this information. 

2. All appropriate manifest lists will be stamped APRELIMINAR Y AND 

UNCONFIRMED@ with the date, time and list number. 

3. The carrier will update periodically. 

4. Upon request, the carrier will provide to the U.S. Department of State 

information in its possession about foreign passengers. 

5. The carrier shall not be liable for damages in any action brought in a U.S. 

Federal court arising out of the performance of the carrier in preparing or 

providing a passenger list pursuant to this Plan unless liability was caused 

by conduct of the carrier which was grossly negligent or which constituted 

intentional misconduct. 

C. Notification Procedures 

1. As soon as information becomes available on each passenger, that 

passenger's family will be notified. 

a. Notification to family members will be made prior to release of 

passenger's name to the public and, to the extent possible, in 

person. 

2. The carrier's personnel making the notification will be suitably trained as 

noted in II.D. of this plan. 

3. The carrier will secure a facility for family members that will insure 

privacy from solicitors and the media. 

4. After coordination with NTSB, the carrier will provide a joint support 

operations center to provide logistical support to the federal staff. 

5. As appropriate, the carrier will continually update the public on the 

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I~ progress of family notification. 

D. Confidential/Sensitive Information 

1. As stated in II.D. (6) of this document, any unauthorized release of 

manifest information is prohibited. 

IV. Passenger Identification 

A. Medical Examiner/Coroner 

1. The medical examiner or coroner is responsible for the positive 

identification of fatalities. 

a. If the victim has died, the medical examiner will coordinate with 

the Disaster Mortuary Team Commander to provide official 

notification of death to the family. 

b. For injured passengers, the hospital is responsible for status 

updates and either the hospital or the carrier will advise the 

families. 

V. Family Access to the Accident Site. 

A. The U.S. NTSB has primary U.S. Federal accident-site jurisdiction. 

B. Within the limits that authorities have established, the carrier will respond to 

family requests for access to the accident scene. 

C. The carrier will assist the family of a passenger in traveling to the location of the 

accident and provide for the physical care of the family while the family is staying 

at such location including the following: 

1. Transportation to and from accident city. 

2. Hotel accommodations at accident city for a reasonable time period. 

3. Meal voucher during hotel stay and day of travel to and from the accident 

city. 

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VI. Human Remains and Personal Effects. 

A. The medical examiner is responsible for the disposition of identifiable and 

unidentifiable human remains. 

B. Authorities should return identifiable personal effects to victim's family rather 

than having the carrier become a custodian of them; authorities should determine 

disposition of unidentifiable personal effects. 

C. Personal effects that come into the control of the carrier will be handled in the 

following manner after release from NTSB: 

1. The carrier will consult with each family about the disposition of personal 

effects that are in the carrier's control. 

2. The carrier will return to the family, if requested, any passenger's 

possession that is under the control of the carrier. 

3. The carrier will retain for 18 months any unclaimed property of a 

passenger that is under the carrier's control. 

4. The carrier will consult with the families about the construction by the 

carrier of any planned monument including the inscription on it. 

VII. Relationship with Designated Independent Organization 

A. The carrier will work with the independent nonprofit organization that is 

designated under 49 U.S.C. Section 1136(a)(2) on an ongoing basis to provide mental 

health and counseling service to families. 

1. · Mental health services can be coordinated on a local basis through the 

nonprofit organization or these services can be brought in from another 

city where the airline may have a Mental Health Professional on retainer. 

2. Should long term counseling be required, the carrier will coordinate with 

the nonprofit organization appointed by the NTSB, the family and the 

company providing the service. 

B. The carrier will develop a procedure to pay reasonable compensation to the 

NTSB-designated independent nonprofit organization as required by 49 U.S.C. Section 

41313 (c)(11). 

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C. The carrier, in the event that 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, will consult with the NTSB and the Department of State on 

the provision of assistance. 

VIII. Notice Concerning Liability for Man-Made Structures 

A. In General: 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, the carrier 

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. 

B. Minimum Contents: At a minimum, the written notice shall advise an 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; (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. 

IX. Simultaneous Electronic Transmission ofNTSB Hearing 

In the case 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, the carrier 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 carrier's flight if that city is located in the United States. 

X. Resources for the Plan 

The carrier will provide the personnel and financial resources necessary to carry out its 

responsibilities under this Plan. 

XI. Filing of this document with NTSB and DOT 

A. Pursuant with the Foreign Air Carrier Family Support Act of 1997 and 49 U.S.C. 

Section 41313 (b), this document will be filed with the National Transportation Safety 

Board and the U.S. Department of Transportation. 

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21~ 

B. The carrier's 24 hour operations contact number has been provided to the NTSB 

under separate letter and is not for public disclosure. 

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