Order 2012-12-9 Served: December 14, 2012



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

Issuedbythe Department ofTransportation onthe 14th day ofDecember, 2012 Inthematterofthe cancellation ofthe Air Taxi authority issuedto



### VIH COUGARHELICOPTERS, INC. pursuantto theprovisions of 14 CFR298.24 

### ORDER DocketDOT-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 Cougarprovided its response to our order requesting additional information.2 Wehave reviewed all ofthe informationthat VIH Cougarprovidedinresponse to Order 2012-8- 32 and discovered several omissions ofmaterial that we deem relevant for our review ofVIH 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 inthat agreementwas notprovided.4

See Order2012-3-7, issuedMarch 12, 2012. 2 Since some ofthe material referenced in this orderhas been submitted under cover ofmotions for confidential treatment, we are issuing this order in two versions: a public version, with discussion of confidential material redacted, and aconfidential version that includes all such discussion. The confidential version will be available only to the various parties thathave filed appropriate affidavits. 3 See VIH Cougar's Response to the**De~'s** OrderofAugust24,2013, dated September21,2012, Exhibit 1A, Share Purchase andLoanAgreement, -· 4 See VIHCougar's Response to the Department's Order ofAugust24, 2013, dated September21,2012, Exhibit lL,-.

### 2



### Therefore, in light ofthe above and in the interest ofestablishing a complete record on which to base a decision we direct that VIH Cougar provide the documents referenced in

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

-

.. ofthe loan agreement within 2 business days ofthe 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 calendaryears.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 laterthan 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 ofissuance ofthis 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 laterthan 5 calendar days thereafter. 3. We will serve a copy ofthis order onthe 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 ofthe 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 byPHI on October 4, 12, and November 21, 2012, respectively, and VIH Cougar on October 12. In addition, several ofthe 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 COUGARHELICOPTERS, INC.


### DAVID M NADLER DAVIDYYANG ANDREWA SMITH COUNSEL TO VIH COUGAR

HELICOPTERS INC DICKSTEIN SHAPIRO LLP 1825 EYE STREETNW WASHINGTON DC 20006-5403 WILLIAM J WEBER CERTIFICATION SECTION MANAGER FAAAFS-900 45005 AVIATION DRIVE SUITE 131 DULLES VA 20166

. ROY HARDIE AVIATION SAFETYINSPECTOR FEDERAL AVIATION ADMINISTRATION JONATHAN BLANK JOHN LONGSTRETH TIM HOBBS K & 

### L GATES LLP 1601 K STREETNW WASHINGTON DC

PETERLYNCHAGC-300 ASST CHIEF COUNSEL FORENFORCEMENT FEDERAL AVIATION ADMINISTRATION 800 INDEPENDENCE AVE SW WASHINGTONDC 20591 CHRISTOPHER G. TURNER PRESIDENT VIH COUGARHELICOPTERS INC 4700 WEST AERONCA STREET BOISE IDAHO 83705