Order 2014-3-7

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Eleventh day of March, 2014

Order Denying Motion for Clarification and Docket OST 2012-0022

Docket OST 2013-0004

Dismissing Formal Complaint Served March 12, 2014

ORDER DENYING MOTION FOR CLARIFICATION AND 

DISMISSING FORMAL COMPLAINT

By this order, we dismiss the motion for clarification of Order 2013-11-16 and dismiss 

without prejudice the formal complaint of Petroleum Helicopters, Inc., Northern Pioneer 

Helicopters LLC, and Soloy Helicopters LLC (the Complainants). Based on our review 

of Order 2013-11-16 and the evidence presented by the Complainants in their formal 

complaint, the Department has determined that Order 2013-11-16 as originally issued is

clear and that there is insufficient evidence to initiate a formal investigation.

The Motion for Clarification

On December 9, 2013, the Complainants filed a Motion for Clarification of Order 2013-

11-16, a consent order issued by the Department against VIH Cougar Helicopters, Inc., 

(VIH Cougar) on November 22, 2013. The consent order found that VIH Cougar 

violated 14 CFR Part 298 and 49 U.S.C. § 41101 and assessed a civil penalty of 

$300,000. Specifically, the Complainants requested that the Department provide 

clarifications on two points. First, Complainants ask whether Order 2013-11-16 

precludes investigation into VIH Cougar’s transfer of contracts to Construction 

Helicopters, Inc., (CHI) and/or CHI’s current operations. Second, Complainants ask why 

the Department did not hold personally liable for violations of 49 U.S.C. § 41101 and 14 

CFR Part 298 a Canadian citizen who once controlled VIH Cougar. 
2

The Formal Complaint

In addition, the Complainants requested in their Motion that the Department treat that 

filing as a formal request for an investigation into VIH Cougar’s transfer of contracts to 

CHI and/or CHI’s current operations. 

The Complainants are entities that have participated in the Department’s licensing 

proceedings relating to VIH Cougar, an entity from which they assert they have suffered 

illegal competition. In the formal complaint, the Complainants first summarize Order

2013-11-16 and then allege that the violations addressed in that order are continuing. 

According to the Complainants, VIH Cougar and CHI are evading Order 2013-11-16, as 

well as violating 14 CFR Part 298 and 49 U.S.C. § 41101, through subterfuge. The 

Complainants request that the Department conduct an investigation into VIH Cougar’s 

transfer of contracts to CHI and/or CHI’s current operations.

Answer of VIH Cougar

In its answer of December 13, 2013, VIH asserts that the language of Order 2013-11-16 

is clear and unambiguous and therefore the Department should deny the Complainants’ 

motion in its entirety. VIH Cougar notes that the settlement was carefully negotiated 

between it and the Department and asserts that the Complainants filed their Motion 

merely to express their dissatisfaction with the outcome of those negotiations. VIH 

Cougar further asserts that the Motion contains no valid basis for challenging the 

Department’s findings that were outlined in Order 2013-11-16

Decision

The Department believes that Order 2013-11-16 is unambiguous on its face and 

clarification of that order is unnecessary. The order was the result of an investigation 

conducted in accordance with the Department’s standard procedures, and deliberate 

negotiations between the named parties. The order took into account all of the available 

facts surrounding the matter. Therefore, the Department sees no need for the clarification 

requested by the Complainants.1

 

With regard to allegations that CHI is being illegally controlled by a foreign citizen, the 

Department has no evidence of prohibited non-U.S. citizen involvement in the operation 

of CHI. The Complainants’ Motion similarly contained no evidence of ongoing 

violations of Order 2013-11-16 or of the statutes and regulations cited therein. As such, 

the Department dismisses the Complainants’ formal complaint filed in the captioned 

dockets.

 1 The Department does note that, as with all consent orders, violations occurring after issuance of the order 

are not covered under the settlement agreement.
3

ACCORDINGLY, pursuant to the authority provided in 14 CFR 302.406, I dismiss the 

motion for clarification of Order 2013-11-16 and formal complaint of Petroleum 

Helicopters, Inc., Northern Pioneer Helicopters LLC, and Soloy Helicopters LLC, in 

Dockets DOT-OST-2012-0022 and DOT-OST-2013-0004.

BY:

BLANE A. WORKIE

Acting Assistant General Counsel for

Aviation Enforcement and Proceedings

An electronic version of this document is available at www.regulations.gov.