BEFORE THE UNITED STATES 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON D.C. 

Application of I 

I 

Clairmonte Holdings d/b/a VI Air1ink 1 

I 

For renewal its foreign air carrier permit Pursuant to I 

49 U.S.C. 41302 and exemption authority pursuant 1 

To 49 U.S.C. 40109, as amended 1 

---------------------------1 

Docket OST: 2009-0262 

APPLICATION FOR RENEWAL OF EXEMPTION 

AND FOR A FOREIGN CARRIER PERMIT 

Communication with respect to this document should be sent to: 

Luis A. Irizarry 

Aviation Consultant 

L. A. Irizarry & Associates, Inc. 

P.O. Box 37217 Airport Station 

San Juan, Puerto Rico P.R. 00937-0217 

Tel: (787) 752-7621 

Email: irizarry@icenetworks.com 

NOTICE: Any person may support or approved this application by filing an answer with the 

Documentary Service Division, Department of Transportation, by November 18, 2014 and 

serving a copy of the answer on all persons listed in the service list attached to this applicant. 

Date: November 3, 2014 
BEFORE THE UNITED STATES 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON D.C. 

Application of I 

I 

Clairmonte Holdings d/b/a VI Airlink 1 

I 

For renewal its foreign air carrier permit Pursuant to I 

49 U.S.C. 41302 and exemption authority pursuant 1 

To 49 U.S.C. 40109, as amended I 

-------------------------1 

Docket OST: 2009-0262 

APPLICATION FOR RENEWAL OF EXEMPTION 

AND FOR A FOREIGN CARRIER PERMIT 

Pursuant to 49 U.S.C. Section 40109(c), Clairmonte Holdings d/b/a VI Airlink hereby applies to 

the Department of Transportation for renewal of its exemption from Section 40109 of the same 

title, and for a foreign air carrier permit, to conduct On demand foreign air transportation of 

persons, property and mail between points in the British Virgin Islands and the United States. 

Clairmonte Holdings d/b/a VI Airlink requests renewal and amending of the exemption for a 

period of not less than five years. The existing exemption will expired on January 22, 2016. 

Clairmonte Holdings d/b/a VI Airlink relies or 5 U.S.C. 558(c) as implemented in Part 377 of the 

Department Rules to able to continue exercising its exemption authority until such time as the 

Department take final action on the application. 

In support of its application, Clairmonte Holdings d/b/a VI Airlink state as follows: 

1. Clairmonte Holdings d/b/a VI Airlink is a corporation organized and existing under the 

laws of the British Virgin Islands. It holds authority from the British Virgin Islands Government to 

operate international charter air transportation and is specially designated by the Government of 

the British Virgin Islands and United States. 
2. On January 22, 2010, the Department authorized Clairmonte Holdings d/b/a VI Airlink to 

engage in foreign air transportation of persons and property between the British Virgin Islands 

and United States effective January 22, 2010. This authority was confirmed by order OST2010-1-16. 

3. In order 2010-1-16, the Department explicitly found that the authority sought by 

Clairmonte Holdings d/b/a VI Airlink is provided for in the Air Transport Agreement between the 

Government of the United States and the UK, as amended; Clairmonte Holdings d/b/a VI Airlink 

is properly licensed and designated by the British Virgin Islands Government to perform the 

proposed services; Clairmonte Holdings d/b/a VI Airlink is financially and Operationally qualified 

to perform the services authorized; the carrier is substantially owned and effectively controlled 

by British Virgin Islands Nationals. In order 2010-1-16, the Department found that the authority 

sought by Clairmonte Holdings d/b/a VI Airlink is consistent with the public interest; immediate 

action was required and was consistent with Department policy; grant of the exemption was 

consistent with the public interest. These findings continue to be valid. 

4. Renewal of this exemption authority is warranted by the Air Transport Agreement 

between the Government of the United States and the UK. Furthermore, renewal and amend 

will enable Clairmonte Holdings d/b/a VI Airlink to continue to provide service between British 

Virgin Islands and United States and will benefit the traveling and shipping public. Renewal 

Clairmonte Holdings d/b/a VI Airlink exemption and foreign air carrier permit accordingly is in the 

public interest. 

5. Clairmonte Holdings d/b/a VI Airlink may conduct U.S. operations with its own aircrafts 

and crews at this time. 
WHEREFORE, Clainnonte Holdings d/b/a VI Airlink respectfully requests that the 

Department of Transportation renew, for a period of not less than five year, its exemption and 

foreign air carrier pennit to conduct scheduled foreign air transportation of person and property 

between British Virgin Islands and United States. 

Respectfully submitted, 

uis A. lriz 

L.A. Irizarry & Associate , Inc. 

Aviation Consultant 

P.O. Box 37217 Airpo Station 

San Juan, P.R. 00937-0217 

Tel :(787) 752-7621 

Email: irizarry@icenetworks.com 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing renewal to the Application for Exemption has been mailed by 

Regular Mail to all persons and entities shown on the attached service list in accordance with 

the Department Procedures regulations. 

s A. Irizarry 

L.A. Irizarry & Associates, Inc. 

Aviation Consultant 

P.O. Box 37217 Airport Station 

San Juan, P.R. 00937-0217 

(787) 752-7621 

lrizatw@icenetworks.com 
SERVICE LIST 

Department of Transportation 

Office of the Secretary 

1200 New Jersey Ave, SE, 

Washington, D.C. 20590 

Department of State 

Office of Aviation 

2201 C Street, N.W. 

Washington DC 20520 

Office of the Administrator 

Federal Aviation Administration 

800 Independence Ave. S.W. 

Washington DC 20591 

Executive Director 

Puerto Rico Ports Authority 

PO Box 362829 

San Juan, P.R. 00936-2829 

Air Safety Support International 

Suite 217-219 

Terrance B Lettsome Inti Airport 

Beef Island, British Virgin Islands 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by 1he Department of Transportalion 

on 1he 291h day of October, 2009 

Order 2009-10-18 

Served: October 29, 2009 

Application of 

CLAIRMONTE HOLDINGS d/b/a VI AIRLINK 

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

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

Docket DOT-OST-2009-0206 

ORDER GRANTING EXEMPTION AND TO SHOW CAUSE 

Summary 

By 1his order we (1) grant 1he application of1he referenced foreign air carrier for an exemption 

under 49 U.S.C. §40109, subject to conditions; 1 and (2) tentatively find that it is in 1he public 

interest to grant 1he applicant 1he foreign air carrier permit attached as Appendix B to 1his order. 

Background 

On August 23, 2005, 1he Department issued a Notice, in Docket DOT -OST-2005-22228, 

announcing several steps designed to streamline our regulatory procedures for licensing U.S. and 

foreign air carriers. Among o1her 1hings, 1he Notice stated 1hat: 

Assunting, based on 1he record and on 1he public interest/public convenience and 

necessity elements germane to our licensing decisions, 1hat we were in a position to act 

favorably, we would proceed to issue a single order (1) granting 1he exemption request 

for whatever duration we would normally have imposed, or until certificate/permit 

au1hority becomes effective, whichever is shorter, and (2) tentatively deciding (i.e., 

show-cause) to award a corresponding certificate (or permit), again for 1he standard 

duration we would normally have imposed (such as, in 1he case of certificates, five 

years for limited-entry markets, indefinite for open-entiy markets, and in 1he case of 

permits, five years for comity and reciprocity regimes, indefinite for agreement 

regimes). 

1 The conditions are attached as Appendix A. 
2 

Our action in this Order serves to implement these streamlined regulatory procedures for the 

application involved in this proceeding. 

Application 

By application filed Augnst 31, 2009. (supplemented September 9, 2009), Clairmonte Holdings 

d/b/a VI Airlink (VI Airlink), a foreign air carrier of the United Kingdom, based in the British 

Virgin Islands, requests an exemption under 49 U.S.C. §401 09 and a foreign air carrier permit 

under 49 U.S. C. §41301 to engage in the following operations using small aircraft: charter 

foreign air transportation of persons, property, and mail between point(s) in the British Virgin 

Islands and point(s) in the United States and beyond, with or without stopovers pursuant to the 

requirements set forth in Part 212 of the Department's economic regulations. The applicant 

requests that the exemption authority it seeks be granted for a term of two years. 

On September 9, 2009, the applicant filed a supplement to its original application that 

summarized the business experience of its officers and key management personnel. 

The applicant provided evidentiary materials required by 14 CFR Part 211 of our regulations to 

support its requests for authority. 

No answers were filed to the application. 

Decision 

We have decided, under assigned authority and consistent with our Augnst 23, 2005 Notice 

referenced above, to grant the applicant's request for exemption authority, subject to conditions, 

and tentatively to grant, subject to show-cause procedures, its request for a foreign air carrier 

permit, also subject to conditions. 

With respect to the applicant's request for exemption authority, we find that grant of this 

authority is consistent with the public interest; that the applicant has demonstrated, based on the 

record, that it is financially and operationally qualified to perform the services authorized, and 

that it is substantially owned and effectively controlled by citizens of its claimed homeland. 2 

The applicant's request is supported by reciprocity between the United States and the United 

Kingdom for charter operations between the United States and the British Virgin Islands. We 

therefore find that grant of the requested exemption authority, for a one-year term, or until the 

requested permit authority becomes effective, whichever occurs earlier, is warranted. 

We also note that the applicant is properly licensed by its homeland to perform the proposed 

services. In addition, by memorandum dated September 9, 2009, the Federal Aviation 

Administration advised us that it knew of no reason why we should act unfavorably on the 

2 The record indicates that VI Airlink is wholly owned by British citizens, and that all of its Managing Directors, 

Executive Officers, and key management persormel are British dependent citizens. 
3 

applicant's requests. We have verified the applicant's compliance with 14 CFR Parts 203 

(Warsaw liability waiver), and 205 (insurance requirements). 

Tentative Findings and Conclusions-Foreign Air Carrier Pennit Application 

We tentatively find and conclude that the public interest warrants granting the applicant a foreign 

air carrier permit, in the form attached as Appendix B and subject to the conditions attached. 3 In 

particular, we tentatively find and conclude that the factors which support our grant of 

exemption authority to the applicant also warrant granting the applicant the foreign air carrier 

permit it seeks. 

In view of the foregoing and all facts of record, we tentatively find and conclude that: 

1. It is in the public interest to issue the applicant a foreign air carrier permit in the form 

attached, for operations with small aircraft; 

2. The applicant is fit, willing and able properly to perform the foreign air transportation 

described in the attached permit and to conform to the provisions of Title 49 of the U.S. Code, 

and to our rules, regulations, and requirements; · 

3. The applicant is substantially owned and effectively controlled by citizens of its claimed 

homeland; 

4. The public interest requires that the exercise of the privileges granted by the permit should be 

subject to the terms, conditions, and limitations contained in the attached permit, and to such 

other reasonable terms, conditions, and limitations required by the public interest as we may 

prescribe; 

5. The issuance of this foreign air carrier permit will not constitute a major regulatory action 

under the Energy Policy and Conservation Act ofl975, as defined in 14 CFR §313.4(a)(1) of our 

regulations; 4 

6. The public interest does not require an oral evidentiary hearing on the application; and 

1. Our action with respect to this foreign air carrier permit should, uuless disapproved by the 

President of the United States under §41307 of Title 49 of the U.S. Code, become effective on 

the 61st day after its submission for §41307 review, or upon the date of receipt of advice from 

the President or his designee under Executive Order 12597 and implementing regulations that he 

or she does not intend to disapprove this portion of the Department's decision under that section, 

whichever occurs earlier. 

3 The applicant's request for a foreign air carrier permit was summarized in the Department's published weekly list 

of applications filed. "This notice described the aulhority sought and gave interested persons an opportunity to 

submit evidence and objections to the award of this foreign air carrier permit authority. As noted above, no answers 

to the application were filed. 4 This fmding is based on the fact that the grant of this permit will not result in a near-tenn net annual change in 

aircraft fuel consumption of I 0 million gallons or more. 
4 

In view of the above, and acting under authority assigned by the Department in its regulations, 

14 CFR Part 385, we find that (I) our actions are consistent with Department policy; (2) with 

respect to the exemption authority we are conferring on the applicant, the applicant is qualified 

to perform those operations; and (3) that grant of the exemption authority is consistent with the 

public interest and would not constitute a major regulatory action under the Energy Policy and 

Conservation Act ofl975. 

ACCORDINGLY, 

1. We grant the request of Clairmonte Holdings d/b/a VI Airlink for an exemption under 

49 U.S. C. §40 I 09 to permit itto engage in (I) charter foreign air transportation of persons, 

property, and mail between any point or points in the British ViJ:gin Islands and any point or 

points in the United States; and (2) other charters pursuant to the prior approval requirements set 

forth in I4 CFR Part 2I2 of the Department's regulations. 5 

2. In the conduct of these operations, Clairmonte Holdings d/b/a VI Airlink may only use 

aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity 

of no more than I8, 000 pounds; 6 

3. The exercise of the privileges granted above is subject to compliance by Clairmonte Holdings 

d/b/a VI Airlink with the conditions listed in Appendix A; 

4. Our action granting the exemption authority described herein is effective immediately, for a 

period of one year from the issue date of this order, or until the attached permit becomes 

effective, whichever is earlier; 

5. We may amend, modi1Y, or revoke the exemption authority set forth in ordering paragraph 1 

at our discretion at any time and without hearing; 

6. To the extent not acted upon above, we dismiss the applicant's request for exemption 

authority in Docket DOT-OST-2009-0206; 

1. With respect to the applicant's request for a foreign air carrier permit in this proceeding, we 

direct all interested persons to show cause why our tentative decision on that application, set 

forth above, should not be made final; 

8. Any interested person objecting to the issuance of an order making final our tentative findings 

and conclusions with respect to the applicant's request for a foreign air carrier permit shall, no 

later than twenty-one (2I) calendar days after the date of service of this order, file with the 

Department and serve on the parties to this proceeding, a statement of objections specifYing the 

part or parts of the tentative findings and conclusions objected to, together with a summary of 

testimony, statistical data, and concrete evidence to be relied upon in support of the objections; if 

' This encompasses the full authority requested by the applicant. 6 The applicant has specifically stated that it was applying to provide the seiVice requested using small aircraft. 
5 

objections are filed, answers to objections are due no later than seven (7) calendar days 

thereafter; 

9. If timely and properly supported objections are filed, we will give further consideration to the 

matters and issues raised by the objections before we take further action; 

I 0. In the event no objections are filed, all further procedural steps shall be deemed waived, and 

the Department will enter an order which will (subject to Presidential review under §41307 of 

Title 49 of the U.S. Code) make final our tentative findings and conclusions set forth in this 

order; and 

II. 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. 

Persons entitled to petition the Department for review of this order under the Department's 

regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of 

issuance of this order. Our action with respect to the applicant's request for exemption authority 

under 49 U.S.C. §40109 is effective innnediately, and the filing of a petition for review will not 

alter such effectiveness. 

By: 

(SEAL) 

Appendices 

PAULL. GRETCH 

Director 

Office of International Aviation 

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

http://www.regulations. gov 
Foreign Carrier Exemption Conditions Appendix A 

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

(1) Not conduct any operations unless it holds a currently effective authori711tion from its homeland 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. Government 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 

(llR) (formerly referred to as International Principal Security Inspector) to advise the IIR of its plans and 

to rmd out whether the Tmnsportation Security Administration has determined that security is adequate to 

allow such airport(s) to be served; 

(3) Comply with the requirements for minimum insurance covemge contained in 14 CFR Part 205, and, 

prior to the commencement of any operations under this authority, file evidence of such covemge, in the 

form of a completed OST Form 6411, with the Fedeml Aviation Administration's Progmm Management 

Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be 

filed with that office); 

( 4) Not opemte aircraft under this authority unless it complies with opemtional safety requirements at 

least equivalent to Aonex 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 

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

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

of 28 U.S. C. 1605(a), but only with respectto those actions or proceedings instituted against it in any 

court or other tribunal in the United States that are: (a) hased on its opemtions 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 fur 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 of the United States. In this condition, the term "international air transportation" 

means "international transportation" as defined by the Warsaw Convention, except that all States sball 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; 

(1 0) lf 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 reasonable 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 authority 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 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

PERMIT TO FOREIGN AIR CARRIER 

Clairmonte Holdings dlb/a VI AirJink 

A Foreign Air Carrier of the United Kingdom 

AppendixB 

Issued by 

Order 2009-_-_ 

is authorized, subject to the following provisions, the provisions ofTitle 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 mail as follows: 

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

United States; and 

Other charters pnrsnant to the prior approval reqnirements set forth in 14 CFR 

Part 212 of the Department's regulations. 

In the conduct 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 to the terms, 

conditions and limitations in both the order issning 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 become 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 2009, 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 in effect during 

the period provided in such treaty, convention, or agreement 
8 

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

'2009. 

By: 

(SEAL) 

PAULL. GRETCH 

Director 

Office of International Aviation 
Foreign Carrier Permit Conditions 

In 1he conduct of the operations authorized, 1he foreign carrier applicant(s) sball: 

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

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

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

Security Administration, and wiili all applicable U.S. Govermnent requirements concerning securicy, 

including, but not limited to, 14 CFRParts 129,91, and 36 and 49 CFRPart 1546 or 1550, as applicable. 

To assure compliance wiili all applicable U.S. Government requirements concerning security, ilie holder 

shall, before commencing any new service (including charter flights) from a foreign airport that would be 

ilie holder's last point of departure for ilie United States, contact its International Industry Representative 

(IIR) (formerly referred to as lnternational Principal Security Inspector) to advise ilie llR of its plans and 

to fmd out wheilier ilie Transportation Security Administration has determined 1hat securicy is adequate to 

allow such airport(s) to be served; 

(3) Comply wiili ilie requirements for minimum insurance coverage contained in 14 CFR Part 205, and, 

prior to 1he commencement of any operations under 1his auiliurity, Itle evidence of such coverage, in ilie 

form of a completed OST Form 6411, with the Federal Aviation Administration's Program Management 

Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be 

filed wiili 1hat office); 

( 4) Not operate aircraft nuder 1his au1horicy unless it complies wiili operational safety requirements at 

least equivalent to Annex 6 of 1be Chicago Convention; 

(5) Cooform to ilie airwor1hiness and airman competency requirements of its Govermnent for 

international air services; 

(6) Except as specifically exempted or oilierwise provided for in a Department Order, comply wiili ilie 

requirements of 14 CFR Part 203, concerning waiver ofW arsaw Convention liability limits and defenses; 

(7) Agree 1hat operations under this au1hority constitute a waiver of sovereign innnuuicy, for ilie purposes 

of28 U.S. C. 1605(a), but ouly with respect to those actions or proceedings instituted against it in any 

court or oilier tribnnal in the United States 1hat are: (a) hased on its operations in international air 

transportation 1hat, according to the contract of carriage, iuclnde a point in the United States as a point of 

origin, point of destination, or agreed stopping place, or for which 1he 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 tribnnal of the United States. 1n 1his condition, ilie term "international air transportation" 

means "international transportation" as defmed by the Warsaw Convention, except 1hat all States shall be 

considered to be High Contracting Parties for 1he purpose of 1his 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 ilie reporting of scheduled, 

nonscheduled, and charter data; 

(1 0) If charter operations are authorized, except as oilierwise provided in ilie applicable aviation 

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

and 

(II) Comply wiili such other reasonable terms, conditions, and limimtions required by the public interest 

as may be prescribed by ilie Department, wiili all applicable orders or regulations of oilier U.S. agencies 

and courts, and with all applicable laws of the United States. 

This auiliority shall not be effective during any period when the holder is uot in compliance with ilie 

conditions imposed above. Moreover, this anthoricy cannot be sold or otherwise transferred without 

explicit Department approval nuder Title 49 ofilie U.S. Code. 

12/2007 
Application of 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFlCEOFTHESECRETARY 

W ASHlNGTON, D.C. 

Issued by the Department of Transportation 

on the 20th day of November, 2009 

Order 2010-1-16 

Served: January 22, 2010 

CLAIRMONTE HOLDINGS d/b/a VI AIRLINK Docket DOT-OST -2009-0206 

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

air carrier permit under49 U.S. C. §41301 

FINAL ORDER 

By Order 2009-10-18, 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 award 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. 

ACCORDINGLY, 

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

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

Order (and attached as the Appendix to the present order); 

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

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

date of receipt of advice from the President or his designee under Executive Order 12597 and 
2 

implementing regulations 1hat he or she does not intend to disapprove 1he Department's order 

under 1hat section, whichever occurs earlier; 1 

3. To 1he 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 ClairmonteHoldings d/b/a VI Airlink, 1he Embassy of 

1he United Kingdom in Washington, D.C., 1he Department of State, and 1he Federal Aviation 

Administration. 

By: 

(SEAL) 

Appendix 

PAULL.GRETCH 

Director 

Office of International Aviation 

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

http:/ 11Pli'1F.regtllaiions. gov 

1 This order was submitted for review under 49 U.S.C. §41307 on November 20, 2009. The 61" day is 

January 20, 2010. Since the President or his designee did not disapprove this order before that date, it became 

effective on January 20,2010. 
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 Kingdom 

Issued by 

Order 2010-1-16 

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 mail as follows: 

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

United States; and 

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

Part 212 of tbe Department's regulations. 

In the conduct 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 to 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 become 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 Janumy 20, 2010, and shall terminate five years thereafter; 

provided, that if during said period the operation of 1he 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 in effect during 

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

The Department of Transportation has executed lhis pennit and affixed its seal on 

November 20, 2009. 

By: 

(SEAL) 

PAULL. GRETCH 

Director 

Office of International Aviation 
Foreign Air Carrier Permit Conditions Appendix 

ln 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 homeland 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 

Athninistration, and with all applicable U.S. Government 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 lnternationallndustty Representative (IIR) (formerly referred to as lnternational Principal 

Security lnspector) to advise the llR of its plans and to find out whether the Transportation Security Athninistration 

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

(3) Comply with the requirements for minimum insurance 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 Athninistmtion' s Program Management Branch (AFS-260), Flight 

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

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

equivalent to Annex 6 of the Chicago Convention; 

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

services; 

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

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 inununity, for the purposes of 28 

US.C 1605(a), but only with respect to those 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 of the United States. ln 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 

def'mition; 

(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; 

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

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

(11) Comply with such other reasonable 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 authority shall not be effective during any period when the holder is not in compliance with the conditions 

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

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

12/2007