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 orapproved 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, 2014BEFORE 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 ofthe 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 ofthe 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.comCERTIFICATE 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.comSERVICE LIST Department ofTransportation 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 ofTransportalion on 1he 291h day 

### ofOctober, 2009 Order 2009-10-18

Served: October 29, 2009 Application of CLAIRMONTE 

### HOLDINGS d/b/aVI 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 GRANTINGEXEMPTION 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 Departmentissued a Notice, inDocket DOT-OST-2005-22228, announcing several steps designedto 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 ofcertificates, 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 asAppendixA.2

Our action in this Order serves to implementthese 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 aircarrier oftheUnited Kingdom, based in the British Virgin Islands, requests an exemption under49 U.S.C. §40109 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 ofpersons, property, and 

### mail between point(s) inthe British Virgin Islands and point(s) inthe United States and beyond, with or without stopovers pursuantto the requirements setforth in Part212 ofthe Department's economic regulations. The applicant requests that the exemption authority it seeks be granted for a term oftwoyears. On September 9, 2009, the applicant filed a supplementto its original application that summarized the business experience ofits officers andkey management personnel. The applicant provided evidentiary materials required by 14 CFR Part 211 ofour regulations to support its requests for authority. No answers were filed to the application. Decision We have decided, under assigned authority and consistent with ourAugnst 23, 2005 Notice referenced above, to grantthe applicant's request for exemption authority, subjectto conditions, and tentatively to grant, subject 

### to show-cause procedures, its request for a foreign air carrier permit, also subjectto conditions. With respect to the applicant's request for exemption authority, wefind that grant ofthis authority is consistent withthe publicinterest; thatthe applicant has demonstrated, based on the record, thatit is financially and operationally qualified to perform the services authorized, and that it is substantially owned and effectively controlled 

### by citizens ofits claimed homeland. 2
The applicant's request is supported by reciprocity betweenthe United States and the United Kingdomfor charter operations between the United States and the BritishVirgin Islands. We therefore find thatgrant ofthe requested exemption authority, for a one-yearterm, or until the requested permit authority becomes effective, whichever occurs earlier, is warranted. We also note that the applicantis properly licensed 

### by its homeland 

### to performthe proposed services. In addition, 

### by memorandum dated September9, 2009, the Federal Aviation Administration advised us thatit knew ofno reason why we should act unfavorably on the

2 The record indicates that VI Airlinkis wholly owned byBritish citizens, and that all ofits Managing Directors, Executive Officers, and key managementpersormel areBritish 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 AirCarrierPennitApplication 

### We tentatively find and conclude thatthe 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 ofthe foregoing and all 

### facts ofrecord, 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 

### conformto the provisions ofTitle 49 ofthe U.S. Code, and to our rules, regulations, and requirements; · 3. The applicant is substantially owned and effectively controlled by citizens ofits claimed homeland; 4. The public interest requires that 

### the exercise ofthe 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 ofthis foreign air 

### carrier permit will not constitute a majorregulatory action under the Energy Policy and Conservation Act ofl975, as defined in 14 CFR §313.4(a)(1) ofour 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 ofthe United States under §41307 ofTitle 49 ofthe U.S. Code, become effective on the 61st day after its submission for §41307 review, orupon the date ofreceipt ofadvice from the President or his designee under Executive Order 12597 and implementing regulations that he or she does not intend to 

### disapprove this 

### portion ofthe Department's decision under that section, whichever occurs earlier.

3 The applicant's requestfor a foreign aircarrierpermitwas summarized inthe Department'spublishedweekly list ofapplications filed. "This notice described the aulhority sought and gave interestedpersons anopportunity to submit evidence and objectionsto the awardofthis foreign aircarrierpermit authority. As noted above, no answers to the application were filed. 4 This fmding is basedonthefactthatthe grant ofthispermitwill notresult ina near-tenn net annual change in aircraft fuel consumption of I0 milliongallonsormore.4



### In view ofthe above, and acting under authority assigned by the Departmentin its regulations, 14 CFR Part 385, we find that (I) our actions are consistent with Departmentpolicy; (2) with respect to the exemption authority we are conferring on the applicant, the applicant is qualified to performthose operations; and (3) that grant ofthe exemption authority is consistent with the public interest and would not constitute a major regulatory action under theEnergy Policy and Conservation Act ofl975. ACCORDINGLY, 1. We grant the request ofClairmonte Holdings d/b/aVI Airlink for an exemption under 49 U.S.C. §40I09 to permititto engage in (I) charterforeign airtransportation ofpersons, property, and 

### mail between any point orpoints in theBritishViJ:gin Islands and any point or points in the United States; and (2) othercharters pursuantto the prior approval requirements set forth in I4 CFR Part2I2 oftheDepartment's regulations. 5 

### 2. Inthe conduct ofthese operations, ClairmonteHoldings d/b/aVI Airlink may only use aircraft capable ofcarrying no more than 60 passengers and having a maximum payload capacity ofno more than I8, 000 pounds;6


### 3. The exercise ofthe privileges granted above is subject to compliance by Clairmonte Holdings d/b/aVI Airlink with the conditions listed in Appendix A; 4. Our action grantingthe exemption authority described herein is effective immediately, for a period ofone year from the issue date ofthis order, oruntil the attached permit becomes effective, whichever is earlier; 5. We may amend, modi1Y, orrevoke 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 carrierpermitin this proceeding, we direct all interested persons to show cause why ourtentative decision on that application, set forth above, should not be made final; 8. Any interested person objectingto theissuance ofan order making final ourtentative findings and conclusions with respect tothe applicant's request for a foreign aircarrierpermit shall, no laterthan twenty-one (2I) calendar days after the date ofservice ofthis order, file with the Department and serve on the parties to this proceeding, a statement ofobjections specifYing the part or parts ofthetentativefindings and conclusions objected to, together with a summary of testimony, statistical 

### data, and concrete evidence to berelied upon in support ofthe objections; if

' This encompassesthe full authorityrequestedby the applicant. 6 The applicant has specifically stated thatitwasapplying to providethe seiVice requested using small aircraft.5 

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

### calendar days thereafter; 9. 

### Iftimely and properly supported objections are filed, we will give further consideration to the matters and issues raised by the objections before wetake further action; I0. 

### 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 

### ofthe U.S. Code) make final our tentative findings and conclusions set forth in this order; and II. 

### We will serve a copy ofthis 

### order on 

### Clairmonte Holdings d/b/aVI Airlink, the Embassy of the United Kingdom in Washington, D.C., the Department ofState, and the Federal Aviation Administration. Persons entitled to 

### petition the Department for review ofthis order under the Department's regulations, 14 

### CFR §385.30, 

### may file their petitions within seven (7) 

### days after the date of issuance ofthis 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 ofa petition for review will not alter such effectiveness. By:



### (SEAL) Appendices PAULL. GRETCH Director Office ofInternational Aviation

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

http://www.regulations. govForeign Carrier Exemption Conditions Appendix A In the conduct ofthe operations authorized, the foreign carrier applicant(s) shall: (1) Not conduct any operations unless itholds a currently effective authori711tion from its homeland for such operations, and ithas filed a copy ofsuch authorization with the Department; (2) Comply with all applicable requirements ofthe Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Governmentrequirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFRPart 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Governmentrequirements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airportthat would be the holder's last point ofdeparture for the United States, contact its International Industry Representative (llR) (formerly referred to as InternationalPrincipal Security Inspector) to advise the IIR ofits 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 CFRPart 205, and, priorto the commencement ofany operations underthis authority, file evidence ofsuch covemge, in the form ofa completed OSTForm 6411, with the FedemlAviation Administration's Progmm Management Branch (AFS-260), Flight Standards Service (any changesto, ortermination of, insurance also shall be filed with that office); (4) Not opemte aircraft underthis authority unless it complies with opemtional safety requirements at least equivalent to Aonex 6 ofthe Chicago Convention; (5) Conform to the airworthiness and airman competency requirements ofits Government for international air services; (6) Except as specifically exempted or otherwise providedfor in a Department Order, comply with the requirements of 14 CFRPart 203, concerning waiver ofWarsaw Convention liability limits and defenses; (7) Agree that operations underthis authority constitute a waiverofsovereign inununity, for the purposes of28 U.S.C. 1605(a), but only with respecttothose actions orproceedings 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 ofcarriage, include a pointinthe United States as a point of origin, point ofdestination, or agreed stoppingplace, orfur which the contract ofcarriage was purchased in the United States; or (b) based on a claimunderany international agreementortreaty cognizable in any court or other tribunal ofthe United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, exceptthat all States sball be consideredto be HighContractingParties for the purpose ofthis 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 14CFR Part 217, concerningthe reporting ofscheduled, nonscheduled, and charter data; (1 0) lfcharter 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 otherreasonable terms, conditions, and limitations required by the public interest as may be prescribedby the Department, with all applicable orders orregulations ofotherU.S. agencies and courts, and with all applicable laws ofthe United States. This authority shall notbe effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannotbe sold or otherwise transferred without explicit Department approval under Title 49 ofthe U.S. Code. 12/2007

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

PERMITTO FOREIGN AIR CARRIER



### Clairmonte Holdings dlb/a VI AirJink
A Foreign Air Carrier ofthe United Kingdom 

### AppendixB Issued by Order 2009-_-_

is authorized, subject to the following provisions, the provisions ofTitle49 ofthe U.S. Code, andthe orders, rules, and regulations ofthe Department ofTransportation, to engage in charter foreign air transportation ofpersons, 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 pnrsnantto the prior approval reqnirements setforth in 14 CFR Part 212 

### ofthe Department's regulations. In the conduct ofthese operations, the holdermay only use

### aircraft capable ofcarrying no more than 60 passengers andhaving a maximumpayload capacity ofno more than 18,000 pounds. This permit and the exercise ofthe privileges granted in it shall be subjectto theterms, conditions and limitations in both the orderissning this permit and the attachment to 

### this order, and to all applicable provisions ofany treaty, convention or agreement affecting international air transportation now in effect, orthatmay become effective during the period this permit remains in effect, to which the United States and theholder's homeland are or shall become parties. This permit shall be effective on 2009, and shall terminate five years thereafter; provided, that 

### ifduring said period the operation ofthe foreign airtransportation authorized becomes the subject ofany treaty, convention or agreementto 

### which the United States and the applicant's homeland are or shall become parties, then this permitis continued in effect during the period provided in such 

### treaty, convention, or agreement8

The Department ofTransportation

### has executed this permit and affixed 

### its seal on 

### '2009. By:



### (SEAL) PAULL. GRETCH Director Office ofInternational Aviation

### Foreign CarrierPermit Conditions In 1he conduct ofthe operations authorized, 1he foreign carrier applicant(s) sball: (1) Not conduct any operations unless itholds a currently effective authorization from its homeland for such operations, and ithas Itled a copy ofsuch authorization with the Department; (2) Comply with all applicable requirements ofthe Federal Aviation Administration, the Transportation Security Administration, and wiili all applicable U.S. Govermnent requirements concerning securicy, including, butnot limitedto, 14 CFRParts 129,91, and 36 and 49 CFRPart 1546 or 1550, as applicable. To assure compliance wiili all applicable U.S. Governmentrequirements concerning security, ilie holder shall, before commencing any new service (including charterflights) from a foreign airportthat would be ilie holder's last point ofdeparture for ilie United States, contactits International Industry Representative (IIR) (formerly referred to as lnternational Principal Security Inspector) to advise ilie llRofits 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 ofany operations under 

### 1his auiliurity, Itle evidence ofsuch coverage, in ilie form ofa completed OST Form 6411, withthe Federal Aviation Administration's Program Management Branch (AFS-260), Flight Standards Service (any changes to, ortermination of, insurance also shall be filed wiili 1hat office); ( 4) Not operate 

### aircraft nuder 

### 1his au1horicy unless itcomplies wiili operational safety requirements at least equivalent to Annex 6 of1be Chicago Convention; (5) Cooform to ilie airwor1hiness and airman competency requirements ofits Govermnent for international air services; (6) Except as specifically exempted oroilierwise provided for in a Department Order, comply wiili ilie requirements of 14 CFRPart 203, concerning waiver ofW arsaw Convention liability limits and defenses; (7) Agree 1hat operations underthis au1hority constitute a waiver ofsovereign innnuuicy, for ilie purposes of28 U.S.C. 1605(a), but ouly withrespecttothose actions or proceedings instituted against it in any court or oilier tribnnal inthe United States 1hat are: (a) hased on its operations in international air transportation 1hat, according to the contract ofcarriage, iuclnde a point in the United States as a point of origin, point ofdestination, oragreed stopping place, or for which 1he contract ofcarriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court orother tribnnal ofthe United States. 1n 1his condition, ilie term "international airtransportation" means "international transportation" as defmed by the Warsaw Convention, except 1hat all States shall be considered to be High ContractingPartiesfor 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 ofscheduled, nonscheduled, and charter data; (1 0) Ifcharter operations are authorized, except as oilierwise provided inilie applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFRParts 212 and 380); and (II) Comply wiili such otherreasonable terms, conditions, and limimtions required by the public interest as may be prescribed by ilie Department, wiili all applicable orders or regulations ofoilierU.S. agencies and courts, and with all applicable laws ofthe United States. This auiliority shall notbe effective during any periodwhen 

### 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 WASHlNGTON, D.C. Issued by theDepartment ofTransportation on the 20th day ofNovember, 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 

### carrierpermit 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 ourtentative findings and conclusions stated therein and award a foreign air carrierpermit 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 ifno objections were filed, all 

### further procedural steps would be 

### deemed waived, and the Department would enter an order (subjectto Presidential review

### under49 U.S.C. §41307) which would make final the findings and conclusions ofthe Order. No objections were received within the time period provided. ACCORDINGLY, 1. We make final ourfindings and conclusions as stated in the Order and award to Clairmonte Holdings d/b/a VI Airlink the foreign air

### carrierpermit with associated conditions attached to the Order (and attached as the Appendix to the present order); 2. Unless disapproved by 

### the President ofthe 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 ofreceipt ofadvice from the President or his designee under Executive Order 12597 and2 

### implementing regulations 1hatheor 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 remainingrequests for reliefin Docket DOT-OST-2009-0206; and 4. We will serve a copy ofthis 

### order on ClairmonteHoldings d/b/a

### VI Airlink, 

### 1he Embassy of 1he United Kingdom in Washington, D.C., 1he Department ofState, and 1he Federal Aviation Administration. By:

(SEAL) Appendix PAULL.GRETCH Director Office ofInternational Aviation

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

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

1 This order was submitted for reviewunder49U.S.C. §41307 onNovember 20, 2009. The 61" day is January 20, 2010. Since thePresident or his designee didnotdisapprove this orderbefore that date, it became effective on January 20,2010.

### UNITED STATES OFAMERICA 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 ofthe United Kingdom Issued by 

### Order 2010-1-16

is authorized, subject to the following provisions, the provisions ofTitle 49 ofthe U.S. Code, and the orders, rules, and regulations ofthe Department ofTransportation, to engage in charter foreign air transportation ofpersons, property and mail as follows: Between any pointorpoints in tbeBritish Virgin Islands and any pointorpoints in tbe United States; and Othercharters pursuantto the prior approval requirements set forth in 14 CFR Part212 oftbeDepartment's regulations. In 

### the conduct ofthese operations, theholder may only use aircraft capable ofcarrying no more than 60 passengers and having a maximum payload capacity ofno more than 18,000 pounds. This permit and the exercise ofthe 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 ofany treaty, convention or agreement affecting international air transportation now in effect, orthat 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 ifduring said period the operation of1heforeign air transportation authorized becomes the subject ofany 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 agreement4


### The Department ofTransportationhas executed lhis 

### pennit and affixed 

### its seal on November 20, 2009. By:



### (SEAL) PAULL. GRETCH Director Office ofInternational Aviation

### Foreign Air Carrier Permit Conditions Appendix ln the conduct ofthe operations authorized, the foreign carrierapplicant(s) shall: (1) Not conductany operations unless itholds a currently effective authorization from its homeland for such operations, and ithas filed a copy ofsuch authorization with the Department; (2) Comply with all applicable requirements ofthe Federal Aviation Administration, the Transportation Security Athninistration, and with all applicable U.S. Governmentrequirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFRPart 1546 or 1550, as applicable. To assure compliance with all applicable U,S, Governmentrequirements concerning security, the holder shall, before commencing any new service (including charterflights) from a foreign airportthatwouldbe the holder's lastpoint ofdeparture for the United States, contact its lnternationallndustty Representative (IIR) (formerly referredto as lnternational Principal Security lnspector) to advise the llRofits plans and to find outwhether 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 CFRPart 205, and, prior to the commencement ofany operationsunder this authority, file evidence ofsuch coverage, in the form ofa completed OST Form 6411, with the FederalAviation Athninistmtion's ProgramManagement Branch (AFS-260), Flight Standards Service (any changes to, orterminationof, insurance also shall be filed with that oliJCe); (4) Not operate aircraft under this authority unless itcomplies with operational safety requirements at least equivalent to Annex 6 ofthe Chicago Convention; (5) Conformto the airworthiness and airman competency requirements ofits Govermnentfor international air 

### services; (6) Except as specifically exempted or otherwise providedfor ina Department Order, comply with the requirements of 14 CFRPart 203, concerning waiverofWarsaw Convention liability limits and defenses; (7) Agree that operations underthis authority constitute a waiver ofsovereign inununity, for the purposes of28 US.C 1605(a), but only withrespect tothose actions orproceedings instituted against itin any court or other tribunal in the United States thatare: (a) basedonits operations ininternational air transportation that, according to the contract ofcarriage, include a pointin the United States as a point oforigin, point ofdestination, or agreed stopping place, orfor which the contract ofcarriage was purchased in the United States; or (b) based on a claim under any international agreementortreaty cognizable in any court or othertribunal ofthe United States. ln this condition, the term "international air transportation" means "international transportation" as definedby the Warsaw Convention, exceptthat all States shall be considered tobe High ContractingParties for the purpose ofthis def'mition; (8) Except as specifically authorized by the Department, originate orterminate allflights to/from the United States in its homeland; (9) Comply with the requirements of 14CFRPart 217, concerningthe reporting ofscheduled, nonscheduled, and charter data; (IO) Ifcharter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's mles governing charters (including 14CFR Parts 212 and 380); and (11) Comply with such otherreasonable terms, conditions, and limitations required by the public interest as may be prescribedby the Department, with all applicable orders orregulations ofotherU.S. agencies and courts, and with all applicable laws ofthe United States. This authority shall notbe effective duringany period when the holder is not incompliance with the conditions imposed above. Moreover, this anthority cannotbe soldor otherwise transferredwithout explicitDepartment approval under Title 49 ofthe U.S. Code. 12/2007