### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

) Application of: ) ) 21 Air, LLC ) ) for a certificate ofpublic convenience and ) necessity pursuant to 49 U.S.C. §41102 ) (foreign charter cargo air transportation) ) Dockets DOT-OST-2015-0043 DOT-OST-2015-0044



### AMENDMENT #2 TO APPLICATION OF 21 AIR, LLC FOR FOREIGN CHARTER CARGO AUTHORITY Communications with respect to this document should be addressed to Michael Mendez President & CEO Centreport II 202 CentrePort Drive Suite 310 Greensboro, NC 27409

May 27,2015 Pierre Murphy Law Offices ofPierre Murphy 1200 New Hampshire Avenue, NW Suite 590 Washington, DC 20036 Telephone: (202) 776-3980 Facsimile: (202) 776-3975 Email: pmurphy@lopmurphy.com Attorney for 21 Air, LLC

### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

) Application of: ) ) 21 Air, LLC ) ) ) for a certificate ofpublic convenience and ) necessity pursuantto 49 U.S.C. §41102 ) (foreign charter cargo air transportation) ) Dockets DOT-OST-2015-0043 DOT-OST**~20**15-0044



### AMENDMENT #2 TO APPLICATION OF 21 AIR, LLC FOR FOREIGN CHARTER CARGO AUTHORITY In connectionwith its application for foreign charter cargo permit authority filed February 26, 2015, 21 Air, LLC ("21 Air") submits this Amendment#2 the Aviation Disaster Family Assistance Plan and Passenger Manifest DataCollection Information Plan which comprise Exhibit 21Air-14 to the pending application.

May 27, 2015 Pierre Law 

### 0 tees ofPierre Murphy 1200 ewHampshire Avenue, NW Suite 590 Washington, DC 20036 Telephone: (202) 776-3980 Facsimile: (202) 776-3975 Email: pmurphy@lopmurphy.com Attorney for 21 Air, LLC

### CERTIFICATE OF SERVICE I, Kristin K. Leake, hereby certify that onthis 27th day ofMay 2015 I served via email the foregoing Amendment of21 Air, LLC for a Certificate ofPublic Convenience and Necessity on the following person(s): Attn: Tony W. Bernhardt Certification Manager Federal Aviation Administration Greensboro Flight Standards District Office FSDOEA-39 1301 S. Terminal Road Greensboro, NC 27409 Tel: (336) 662-1074 Email: tony.bernhardt@faa.govOST-96-1960 FAMILY ASSISTANCE PLAN & OST-98-3305 PASSENGER MANIFEST EXHffiiT 21AIR-14LAW 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. BarbaraHairston Chief, Dockets Docket OST-1996-1960 U.S. Department ofTransportation 1200NewJersey Avenue, SE Ground Floor, West Building Room W12-140 Washington, DC 20590 Mr. Michael Crook Office ofFamily Affairs National Transportation Safety Board 490 L'EnfantPlazaEast, SW Washington, DC 20594 May 27,2015 E-MAIL: pmurphy@lopmurphy.com

Re: 21 Air. LLC

- FamilyAssistance Plan; Docket OST-1996-1960 DearMs. Hairston & 

### Mr. Crook: 21 Air, LLC ("21 Air") hereby submits its Aviation DisasterFamily Assistance Plan in accordance with the requirements of49 U.S.C. 41113, as amended bythe Wendell H. Ford AviationInvestment 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 ofAviation 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.

# 111111... AIR

1. Overview 21 AIR,LLC FAMILY ASSISTANCE PLAN

The purpose ofthe 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 ofsurvivors and victims' families in the event ofan aviation disaster; to treat survivors and families with dignity; and to respect the cultural and religious backgrounds ofsurvivors 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 carrierpublishes its Family Assistance Plan and will insert the Plan into all appropriate manuals. B. The treatment ofnon-revenue passenger (and any other victim ofthe accident) will be the same as the treatment ofthe families ofrevenue passengers. C. The carrier's Emergency Response Teams will be utilized to respond to likely needs ofsurvivors and families. D. Training ofFamily Assistance Personnel will be sufficientto meetthe 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 oftrained 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 northe destination ofthe flight at which the carrier maintains a facility.
21 Air, LLC 202 Centreport Drive, Suite 310, Greensboro, NC 27409 (336) 265-2837 Page 1of74. Simulations ofthe Plan will be held annually in addition to participation in local disaster drills. 5. After an aviation disaster involving an aircraft ofthe carrier, a toll-free 800 number will be published for the use offamilies to inquire about passengers. 6. It is the policy ofthe carrierthat Manifest information will only be release to the proper U.S. National Transportation Safety Board (NTSB) authorities havingjurisdiction ofthe accident site bythe designated the carrier's Security Coordinator to the NTSB, the carrier's NTSB Family Assistance Coordinator, Managing Director and CEO or Director ofFlight Operations. Any other release ofmanifest information is considered unauthorized and prohibited. 7. The carrier will inform family members (or family friends orclergy who are with the family) at an appropriate time, but as early as possible after being notified, that it is critical that they contacttheir family dentist to obtain the dental records and dental x-rays ofthe loved one. The carrier will ask the family to have the records and x-rays sentby overnight courier service to the address ofthe hotel where thejointfamily support operations center will 

### be located. Packages should be addressed to the Director Family Support Services, NTSB. Ifthe family is coming to the site the next day, the family may arrange to hand carry these documents. Ifthe family is already at the accident site or arrives without making these arrangements, the Disaster Mortuary Teampersonnel 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 boardedthe flight, the carrier's personnel immediately after the accident will begin a review ofthe following: 1. On Board Passenger Manifest 2. Standby passengers 3. Non revenue passengers 4. Reroutedpassengers 5. Passengers who canceled their reservation 6. Jump Seat riders. This process could be delayed bypersons traveling under different names. 21 Air, LLC 202 Centreport Drive, Suite 310, Greensboro, NC 27409 (336) 265-2837 Page 2 of7

# ... AIR

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 ofthe request.1. All personnel involved with handling ofmanifest will be briefed as to the confidentiaVsensitive nature ofthis information. 2. All appropriate manifest lists will be stamped APRELIMINARY AND UNCONFIRMED@ with the date, time and list number. 3. The carrier will update periodically. 4. Uponrequest, the carrier will provide to the U.S. Department ofState 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 ofthe performance ofthe carrier in preparing or providing a passenger list pursuantto this Plan unless liability was caused by conduct ofthe 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. ofthis plan. 3. The carrier will secure a facility for family members that will insure privacy from solicitors and the media. 4. After coordination withNTSB, the carrier will provide ajoint support operations center to provide logistical supportto the federal staff. 5. As appropriate, the carrier will continually update the public on the 21 Air, LLC 202 Centreport Drive, Suite 310, Greensboro, NC 27409 (336) 265-2837 Page 3 of7

# IIIII. AIR

progress offamily notification. D. Confidential/Sensitive Information 1. As stated in II.D. (6) ofthis 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 offatalities.
a. Ifthe victim has died, the medical examiner will coordinate with the DisasterMortuary Team Commander to provide official notification ofdeath to the family. b. For injured passengers, the hospital is responsible for status updates and eitherthe hospital orthe carrier will advise the families. V. Family Access to the Accident Site. A. The U.S. NTSB has primary U.S. Federal accident-sitejurisdiction. 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 ofapassenger in traveling to the location ofthe accident and provide for the physical care ofthe 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 oftravel to and from the accident city.

21 Air, LLC 202 Centreport Drive, Suite 310, Greensboro, NC 27409 (336) 265-2837 Page 4 of7VI. Human Remains and Personal Effects
. A. The medical examiner is responsible for the disposition ofidentifiable and unidentifiable human remains. B. Authorities shouldreturn identifiable personal effects to victim's family rather than having the carrierbecome a custodian ofthem; authorities should determine disposition ofunidentifiable personal effects. C. Personal effects that come into the control ofthe carrier will be handled inthe following manner after release from NTSB: 1. The carrier will consult with each family aboutthe disposition ofpersonal effects that are inthe carrier's control. 2. The carrier will return to the family, ifrequested, any passenger's possessionthat is underthe control ofthe carrier. 3. The carrier will retain for 18 months any unclaimedproperty ofa passenger that is underthe carrier's control. 4. The carrier will consult with the families aboutthe construction bythe carrier ofany planned monument including the inscription onit. VII. Relationship with Designated Independent Organization A. The carrier will work with the independent nonprofit organizationthat 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 canbe coordinated on a local basis through the nonprofit organization orthese services can be brought in from another city where the airline may have a Mental Health Professional onretainer. 2. Should long term counselingbe required, the carrier will coordinate with the nonprofit organization appointed bythe 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 requiredby 49 U.S.C. Section 41313 (c)(l1). 21 Air, LLC 202 Centreport Drive, Suite 310, Greensboro, NC 27409 (336) 265-2837 Page 5 of7C. The carrier, inthe event that it volunteers assistance to United States citizens within the United States withrespect to an aircraft accident outside the United States involving major loss oflife, will consult with the NTSB and the Department ofState on the provision ofassistance. VIII. Notice Concerning Liability for Man-Made Structures A. In General: Inthe case ofan accident that results in significant damage to a man made structure or other property onthe 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 ofthe 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 compensationbythe foreign air carrier for accident site property damage; (iii) to obtainphotographic or other detailed evidence ofproperty damage as soon as possible after the accident, consistent withrestrictions on access to the accident site. IX. Simultaneous Electronic Transmission ofNTSB Hearing Inthe case ofan 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 ofthe carrier's flight ifthat city is located inthe 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 ofthis document withNTSB 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 ofTransportation.
21 Air, LLC 202 Centreport Drive, Suite 310, Greensboro, NC 27409 (336) 265-2837 Page 6 of7

# ~ AIR

B. The carrier's 24 hour operations contact number has beenprovided to the NTSB under separate letter and is not for public disclosure.

21 Air, LLC 202 Centreport Drive, Suite 310, Greensboro, NC 27409 (336) 265-2837 Page 7 of7Regulations.gov

- Your Receipt Page 1 of2 

## regulations.go 

# V

Your \loa In Federal Decllion·Miklna 

# Your commentwas submitted successfully!

The Department ofTransportation (DOT) Other: Sky King. Inc. For related information, Open Docket Folder**~** 

# 0 Your Receipt

Your CommentTracking Number: 1jz-8j36-lp2e Your commentmay be viewable on Regulations.gov once the agencyhas reviewed it. Thisprocess is dependent on agencypublicsubmission policies/proceduresandprocessing times. Use your tracking number to find outthe status of your comment. ('--

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Your comment: 

### Comment: 21 Air, LLC - Passenger Manifest Data Collection Information 

### Uploaded File(s) (Optional) • Paxman.pdf: 

### success

This information will appear on Regulations.gov: 

### First Name: City: Pierre Washington 

### Last Name: Country: Murphy United States 

### Mailing State or Address: Province:
http://www.regulations.gov/ This information will not appear on Regulations.gov: 

### Email Address: pmurphy@lop murphy.com 

### Phone Number: 202-776-3980
5/27/2015Regulations.gov

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Law Offices of DC Pierre Murphy 

### Mailing Address 2: 1200 New Hampshire Avenue, NW, Suite 590

http:/ /www.regulations.gov/ 

### ZIP/Postal Code: 20036 

### Fax Number: 202-776-3975 Page 2 of2

5/27/2015LAW 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 Attn: Ms. Barbara Hairston Chief, Dockets Docket OST-1996-1960 U.S. Department ofTransportation 1200 NewJersey Avenue, SE Ground Floor, West Building Room W12-140 Washington, DC 20590 May 27,2015

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

Passenger Manifest Data Collection Information; Docket OST-98-3305 Dear Ms. Hairston: Pursuantto the Passenger Manifest Information rule, 14 C.F.R. §243.13 ofthe Department's Regulations, onbehalfof21 Air, LLC ("21 Air" or "Carrier") we respectfully submitthe attached statement summarizing 21 Air's Passenger Manifest Policy. Should you have any question orcomment, please do not hesitate to contact us.

# ........ AIR

21 AIR,LLC PASSENGERMANIFEST POLICY Effective October 1, 1998, U.S. law requires all U.S. and foreign air carriers transporting any U.S. citizens on flight to orfrom the United States to collectthe following information and identify passengers on their flight manifests by the passenger'sFIRST NAME, MIDDLE INITIAL, LAST NAME. Passengers who elect not to providethis information SHALL BE DENIED BOARDING
. Station management personnel will deliverto 21 Air Dispatch by facsimile the completed Passenger Manifest (ifany) as soon as possible. The FaxNumber is (336) 265-2838. Email is miami-cargo@21- air.com. 21 Air is an all-cargo carrier and shall nottransport any passengers. In the event 21 Airtransports any cargo-handlers or other authorized individuals ("supernumeraries"), it will collectthe required manifest information for those individuals on covered flight segments pursuantto 14 C.F.R. §243. In addition, this law requires all U.S. and foreign air carriers transporting any U.S. citizens on flights to or from the United States to SOLICIT the following information: EMERGENCY CONTACTPERSON AND PHONE NUMBER. Passengers will be given the opportunity to complete the 21 AirForm prior to boarding while checking in. Passengers who elect not to provide this information SHALL NOT BE DENIED BOARDING
. Passengers shall not be coerced into believingthe opportunity to provide the emergency contact data is required by any law orregulatory requirement. Completed forms shall be returned to the releasing agent orthe Captain priorto the aircraft entry door being closed. The collected forms will be maintained in the possession ofPassenger Service personnel until the flight has arrived at its destination. The forms will then be discarded. The unauthorized release ofinformation from the forms is prohibited. Only the Vice President and Director ofOperations ofthe carrier are authorized to release passenger Emergency Contact Datato authorized agencies in the event of an aviation accident. The information collected will be transmitted to the Department ofState and other authorized agencies via facsimile transmission. The following person(s) is/are available atany time the carrier is operating a flight to or from the U.S., and can be consulted concerning this information. Please contactthe following in order as needed:: Name: Miami Cargo Operations Title: Miami Cargo Operations Telephone: (305) 753-6936 Mobile: N/A Facsimile: N/ A Email: miami-cargo@21-air.com 21 Air, LLC 202 Centreport Drive, Suite 310, Greensboro, NC 27409 (336) 265-2837 Page 1 of2Name: William Gomez Title: SOC Manager

- MIA /Flight Dispatcher Telephone: (305) 753-6936 Mobile: (786) 261-7352 Facsimile: N/ A Email: wgomez@21-air.com Name: Phillip Roberts Title: SOC Manager Telephone: (336) 265-2837 Mobile: (540) 849-7897 Facsimile: (336) 265-2838 Email: proberts@21-air.com

21 Air, LLC 202 Centreport Drive, Suite 310, Greensboro, NC 27409 (336) 265-2837 Page 2 of2Regulations.gov

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# regulations.goV 

# Your com:mentwas submitted successfully!

The Department ofTransportation (DOT) Notice: Amendments to Air Carrier Family Assistance Plans Pursuantto Vision 100 Centurv ofAviation Reauthorization Act Pub. L. 108176; 117 Stat. 2490. December 12.2003 For related information, Open Docket Folder**~** 

# 0 Your Receipt

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### Comment: 21 Air, LLC -Aviation Disaster Family Assistance Plan 

### Uploaded File(s) (Optional) • Family Assistance Plan.pdf: 

### success
This information will appear on Regulations
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### First Name: 

### City: Pierre Washington 

### Last Name: Country: Murphy United States

http://www.regulations.gov/ This information will not appear on Regulations.gov: 

### Email Address: pmurphy@lop murphy.com

5/27/2015Regulations.gov

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### Mailing State or Phone Address: Province: Number: Law Offices of 

### DC 202-776-3980 Pierre Murphy 

### ZIP/Postal Fax Number: Mailing Code: 202-776-3975

- 

### - Address 2: 20036 - 

### -
- - 1200 New 

### - -
- - Hampshire -
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- - Avenue, NW, 

### -
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- Suite 590

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