Order 2012-12-9 

Served: December 14, 2012 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

on the 14th day of December, 2012 

In the matter of the cancellation of the Air Taxi authority 

issued to 

VIH COUGAR HELICOPTERS, INC. 

pursuant to the provisions of 14 CFR 298.24 

ORDER 

Docket DOT -OST -2012-0022 

By Order 2012-8-32, issued August 24, 2012, the Department requested additional information 

from VIH Cougar Helicopters, Inc. ("VIH Cougar"), pertaining to the restructuring efforts that it 

has undertaken in response to our Show Cause Order tentatively finding that it was under the 

actual control of Mr. Kenneth Norie, a Canadian citizen, and/or companies with which he is 

affiliated (hereinafter, collectively referred to as "VIH Group").l On September 21, 2012, VIH 

Cougar provided its response to our order requesting additional information.2 

We have reviewed all of the information that VIH Cougar provided in response to Order 2012-8-

32 and discovered several omissions of material that we deem relevant for our review of VIH 

Cougar's citizenship. For example, although a Share Purchase and Sale Agreement between 

VIH Western, LLC ("VIH Western"), and Turner Aviation Holdings, LLC ("Turner Aviation"), 

describes certain documents that were disclosed to the purchaser, Turner Aviation, prior to and 

after the closing these documents were omitted from VIH 3 Similarly, 

VIH provided a loan agreement between it and a 

that is referenced in that agreement was not provided.4 

See Order 2012-3-7, issued March 12, 2012. 

2 Since some of the material referenced in this order has been submitted under cover of motions for confidential 

treatment, we are issuing this order in two versions: a public version, with discussion of confidential material 

redacted, and a confidential version that includes all such discussion. The confidential version will be available only 

to the various parties that have filed appropriate affidavits. 

3 See VIH Cougar's Response to the De~'s Order of August 24,2013, dated September 21,2012, Exhibit 

1A, Share Purchase and Loan Agreement, -· 

4 See VIH Cougar's Response to the Department's Order of August 24, 2013, dated September 21,2012, Exhibit 

lL,-. 
2 

Therefore, in light of the above and in the interest of establishing a complete record on which to 

base a decision we direct that VIH Cougar provide the documents referenced in - of the 

Share Purchase and Sale Agreement, as well as the referenced in -

.. of the loan agreement within 2 business days of the date ofthis order. Furthermore, to the 

extent not provided in response to the foregoing, we direct that VIH Cougar provide pre and 

post-closing balance sheets; income statements for the period prior to the sale; and historical 

income statements for the 2011 and 2010 calendar years.5 

We will give interested persons 5 calendar days following VIH Cougar's response to this order 

to comment on VIH Cougar's additional responses; replies to those comments shall be filed no 

later than 5 calendar days thereafter. 

ACCORDINGLY, 

1. We direct VIH Cougar Helicopters, Inc., to submit the aforementioned material in Docket 

DOT-OST-2012-0022 within 2 (business) days from the date of issuance of this order. 

2. We direct any interested parties to file comments on the VIH Cougar Helicopter, Inc.'s 

responses within 5 calendar days following VIH Cougar Helicopters, Inc.'s response to this 

order; replies to those comments shall be filed no later than 5 calendar days thereafter. 

3. We will serve a copy of this order on the persons listed in Attachment A. 

By: 

SUSAN L. KURLAND 

Assistant Secretary 

for Aviation and International Affairs 

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

http :1 /www. regulations. gov 

5 We note that on September 20, 2012, Petroleum Helicopters, Inc., Northern Pioneer Helicopters, LLC, and 

Soloy Helicopters, LLC (collectively, "PHI"), filed a motion in Docket DOT-OST-2012-0022 requesting that the 

Department solicit additional information from VIH Cougar and/or other entities controlled by Mr. Norie. In 

addition, on October 31, 2012, PHI filed motions requesting fmal disposition of the show cause proceedings and 

objecting to VIH Cougar's September 21, 2012, motion requesting to withhold information from public disclosure. 

Moreover, subsequent to this, VIH Cougar filed replies opposing PHI's motions on September 27 and November 9, 

2012, and surreplies were filed by PHI on October 4, 12, and November 21, 2012, respectively, and VIH Cougar on 

October 12. In addition, several of the motions provided by the parties included request to withhold information 

from public disclosure. We intend to address the movants requests by subsequent action. 
Attachment A 

SERVICE LIST FOR 

VIH COUGAR HELICOPTERS, INC. 

DAVID M NADLER 

DAVIDYYANG 

ANDREW A SMITH 

COUNSEL TO VIH COUGAR 

HELICOPTERS INC 

DICKSTEIN SHAPIRO LLP 

1825 EYE STREET NW 

WASHINGTON DC 20006-5403 

WILLIAM J WEBER 

CERTIFICATION SECTION MANAGER 

FAAAFS-900 

45005 AVIATION DRIVE SUITE 131 

DULLES VA 20166 . 

ROY HARDIE 

AVIATION SAFETY INSPECTOR 

FEDERAL AVIATION ADMINISTRATION 

JONATHAN BLANK 

JOHN LONGSTRETH 

TIM HOBBS 

K & L GATES LLP 

1601 K STREETNW 

WASHINGTON DC 

PETER LYNCH AGC-300 

ASST CHIEF COUNSEL FOR ENFORCEMENT 

FEDERAL AVIATION ADMINISTRATION 

800 INDEPENDENCE AVE SW 

WASHINGTON DC 20591 

CHRISTOPHER G. TURNER 

PRESIDENT 

VIH COUGAR HELICOPTERS INC 

4700 WEST AERONCA STREET 

BOISE IDAHO 83705