Order 2010

- 1

- 16

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 20 th day of November , 200 9

Served: January 22 , 20 10

Application of

CLAIRMONTE HOLDINGS d/b/a VI AIRLINK Docket DOT

- OST

- 200 9

- 0206

for an exemption under 49 U.S.C. §40109 and a foreign

air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 200 9

- 10

- 18 , issued October 29 , 2009

, we directed all interested persons to show cause

why we should not make final our tentative findings and conclusions stated therein and aw ard a

foreign air carrier permit in the form attached to the Order and subject to the conditions attached

thereto. We gave interested persons 21 days to file objections to the Order. We said that if no

objections were filed, all further procedural steps would be deemed waived, and the Department

would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make

final the findings and conclusions of the Order.

No objections were received within the time period provided.

ACCOR DINGLY,

1. We make final our findings and conclusions as stated in the Order and award to Clairmonte

Holdings d/b/a VI Airlink t he foreign air carrier permit with associated conditions attached to the

Order (and attached as the Appendix to the present or der);

2. Unless disapproved by the President of the United States under 49 U.S.C. §41307, this order

shall become effective on the 61 st day after its submission for section 41307 review or upon the

date of receipt of advice from the President or his desi gnee under Executive Order 12597 and2

implementing regulations that he or she does not intend to disapprove the Department’s order

under that section, whichever occurs earlier; 1

3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket

DOT

- OST

- 2009

- 0206 ; and

4 . We will serve a copy of this order on Clairmonte Holdings d/b/a VI Airlink

, the Embassy of

the United Kingdom in Washington, D.C., the Department of State, and the Federal Aviation

Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

1 This order was submitted for review under 49 U.S.C. §41307 on November 20 , 2009

. The 61 st day is

January 20

, 20 10 . Since the President or his designee did not disapprove this order before that date, it became

effective o n January 20

, 20 10

.Issued by

Order 2010

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- 16

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.



### --------------------------------------------------------

PERMIT TO FOREIGN AIR CARRIER



### ---------------------------------------------------------



### Clairmonte Holdings d/b/a VI Airlink

A Foreign Air Carrier of the United K ingdom

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code,

and the orders, rules, and regulations of the Department of Transportation, to engage in charter

foreign air transportation of persons, property and ma il as follows:

Between any point or points in the British Virgin Islands and any point or points in the

United States ; and

O ther charters pursuant to the prior approval requirements set forth in 14 CFR

Part 212 of the Department’s regulations

.

In the co nduct of these operations, the holder may only use aircraft capable of carrying no more

than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.

This permit and the exercise of the privileges granted in it shall be subject t o the terms,

conditions and limitations in both the order issuing this permit and the attachment to this order,

and to all applicable provisions of any treaty, convention or agreement affecting international air

transportation now in effect, or that may be come effective during the period this permit remains

in effect, to which the United States and the holder’s homeland are or shall become parties.

This permit shall be effective on January 20, 20 10

, and shall terminate five years thereafter;

provided, that if during said period the operation of the foreign air transportation authorized

becomes the subject of any treaty, convention or agreement to which the United States and the

applicant’s homeland are or shall become parties, then this permit is continued i n effect during

the period provided in such treaty, convention, or agreement.4

The Department of Transportation has executed this permit and affixed its seal on

November 20 , 200 9

.

By:

PAUL L. GRETCH

Director

Office of International Aviatio n



### (SEAL)Foreign Air Carrier Permit Conditions Appendix

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its h omeland for such

operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security

Administration, and with all applicable U.S. Go vernment requirements concerning security, including, but not

limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with

all applicable U.S. Government requirements concerning security, the holder shall , before commencing any new

service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the

United States, contact its International Industry Representative (IIR) (formerly referred to as International Principal

Security Inspector ) to advise the I IR of its plans and to find out whether the Transportation Security Administration

has determined that security is adequate to allow such airport(s) to be served ;

(3) Comply with the requirements for minimum in surance coverage contained in 14 CFR Part 205, and, prior to the

commencement of any operations under this authority, file evidence of such coverage, in the form of a completed

OST Form 6411, with the Federal Aviation Administration’s Program Management Br anch (AFS

- 260), Flight

Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least

equivalent to Anne x 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air

services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requ irements

of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28

U.S.C. 1605(a), but only with respect to th ose actions or proceedings instituted against it in any court or other

tribunal in the United States that are: (a) based on its operations in international air transportation that, according to

the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed

stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim

under any international agreement or treaty cognizable in any court or other tribunal o f the United States. In this

condition, the term "international air transportation" means "international transportation" as defined by the Warsaw

Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this

definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States

in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and

charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply

with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other re asonable terms, conditions, and limitations required by the public interest as may be

prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with

all applicable laws of the United States.

This author ity shall not be effective during any period when the holder is not in compliance with the conditions

imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department

approval under Title 49 of the U.S. Code.

12/2007