To: Page 3 of 7 2012-03-28 14:42:39 EDT 

BEFORE THF. 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Dickstein Shapiro LLP From: Bailey, Linda 

In the matter of the cancellation of the 

Air Taxi authority issued to: Docket DOT -OST -2012-0022 

VIH COUGAR HELICOPTERS~ INC 

VIH COUGAR'S OBJECTION TO THE AFFJDA VIT OF WINTHROP M. CHEW 

Communications with respect to this document should be sent to: 

David M. Nadler 

David Y. Yang 

Andrew E. Smith 

DICKSTEIN SHAPIRO LLP 

1825 Eye Street, NW 

Washington, DC 20006 

Telephone: (202) 420-2200 

Facsimile: (202) 420-2201 

nadlerd@dicksteinshapiro.com 

yangd@dicksteinshapiro.com 

smitha@dicksteinshapiro.coru 

Counsel to VIII Cougar Helicopters, Inc. 

Dated: March 28, 2012 

DSMDB-304432Jv 1 
To: Page 4 of7 2012-03-28 14:42:39 EDT 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Dickstein Shapiro LLP From: Bailey, Linda 

In the matter of the cancellation of the 

Air Taxi authority issued to: Docket DOT-OST-2012-0022 

VIH COUGAR HELICOPTERS, INC 

VIH COUGAR~s OBJECTION TO THE AFFIDAVIT OF WINTHROP M. CHEW 

Pursuant to Rules 11 and 12 ofthe Rules ofPractice (14 C.F.R. §§ 302.11, 302.12) ofthe 

Department of Transportation ("Department"), VIH Cougar Helicopters, Inc. ("VIH Cougar") 

submits this motion asking that the Department deny access to Winthrop M. Chew to all 

confidential information provided by VIH Cougar, because Mr. Chew's affidavit for access does 

not meet the conditions imposed by the Department March 12, 2012 Show Cause Order. 

Mr. Chew states in his affidavit that he is a paralegal at K&L Gates LLP. By his own 

admission, Mr. Chew is not counsel or an outside expert to any interested party in c01mection 

with the above-captioned proceedings. As such, Mr. Chew's affidavit is objectionable because 

the Department's Show Cause Order explicitly states that it will gran( interim access only «to 

counsel and outside experts for interested parties who tile appropriate affidavits with the 

Department." See Order to Show Cause (March 12, 2012) (Docket DOT-OST-2012-0022) at 9 

(emphasis added). An appropriate affidm'it is one that states "at a minimum" that the "affiant b'i 

counsel for an interested party or an outside independent expert providing services to such a 

party." !d. (emphasis added). Mr. Chew has stated neither, but only that he is a paralegal 

employed at K&L Gates LLP. As a result, he should be denied access to confidential 

information. 

DSMD13-304432Jvl 
To: Page5of7 2012-03-28 14:42:39 EDT Dickstein Shapiro LLP From: Bailey, Linda 

As fully explained in our March 16, 2012 Rule 12 Motion, VIH Cougar also believes that 

the affidavit procedures set forth in the Department's Show Cause Order are insufficient to 

adequately safeguard VIU Cougar's confidential proprietary information from third parties who 

are or may be engaged in competitive decision making on behalf of parties who are actual or 

potential competitors of VIH Cougar. Nor arc the Department's existing procedures, in VIH 

Cougar's view, adequate for monitoring compliance and enforcing any violations of those 

protections. Accordingly, iftbc Department finds that Mr. Chew is eligible for access to 

protected information, notwithstanding the fact that he is neither counsel nor an outside expert 

for Petroleum Helicopters, Inc. or that there is no provision in the Department's Show Cause 

Order which accords access to paralegals and similar personnel, VIH Cougar respectfully 

requests that the Department hold Mr. Chew's Affidavit in abeyance and not release any 

confidential information to him (or to any other third parties who may also file affidavits) until 

the Department has mled on VIH Cougar's Rule 12 Motion requesting that the Department 

release such confidential infonnation to counsel and outside experts of interested parties only 

pmsuant to a protective order under the same terms and protections as those afforded under a 

protective order issued by the U.S. Government Accountability Office for use in bid protest 

proceedings. Moreover, if the Department's decision is adverse to VIH Cougar, we further 

request that any release of protected information be held in abeyance until the matter has been 

ruled upon by a court of competent jurisdiction. 

2 

DSMDB-3044323v 1 
To: Page 6 of 7 

Dated: March 28,2012 

2012-03-28 14:42:39 EDT Dickstein Shapiro LLP From: Bailey, Linda 

Respec,tully .':~itted,, / / ' ' ' I ' I ' : I ' I 

By i ! ~ljl P/l.- .· ~-NadTe;--~--.U--;rt---,~-)17'"---- oavid Y. Yang 

3 

Andrew E. Smith 

DICKSTEIN SHAPIRO LLP 

1825 Eye Street, NW 

Washington, DC 20006 

Telephone: (202) 420-2200 

facsimile: (202) 420-2201 

nadlcrd@dicksteinshapiro.com 

yangd @dicksteinshapiro .com 

smitha@dicksteinshapiro.com 

Counsel 10 VJH Cougar Helicopters, Inc. 

DSMDB-3044323v 1 
To: Page 7 of 7 2012-03-28 14:42:39 EDT Dickstein Shapiro LLP From: Bailey, Linda 

CERTIFICATE OF SERVICE 

I certify that J have on this 28th day of March 2012 served the foregoing upon the persons listed 

below: 

Susan L. Kurland 

Office of the Assistant Secretary for 

Aviation and International Arfairs 

US. Department of Transportation 

1200 New Jersey Avenue, SE 

Room W96-495 

Washington, DC 20590 

Lauralyn Rcmo 

Office of the Assistant Secretary for 

Aviation and Interna6ona] Affairs 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Room W96-495 

Washington, DC 20590 

3 

Peter Lynch, /\GC-300 

Asst. Chief Counsel for Enforcement 

Federal Aviation Administration 

800 Independence Ave. SW 

Washington, DC 20591 

William J. Weber 

Certification Section Manager 

FAA AFS-900 

45005 Aviation Drive Suite 131 

Dulles, VA 20166 

Roy Hardie 

Aviation Safety Inspector 

Federal Aviation Administration 

1601 Lind Avenue SW, Suite 260 

Renton, W A 98057 

DSMDB-3044345v I